Zoning Commission Minutes 03/20/2017
Town of Simsbury Zoning Commission
Monday March 20, 2017 at 7:00pm
Simsbury Town Hall – Main Meeting Room
933 Hopmeadow Street, Simsbury, CT
Regular Meeting
Minutes Subject to Vote of Approval
1. Call To Order: The meeting was called to order at 7:00pm.
2. Roll Call: Members present were: Chairman David Ryan, Gerald Post, Jackie Battos, Kevin Gray, Donna Beinstein, Michael Doyle, and alternate Thomas Kyzivat. Director of Planning and Community Development - James Rabbitt and Assistant Town Planner - Michael Glidden were also present.
3. Approval of minutes – March 6, 2017 regular meeting: The Zoning Commission approved the March 6, 2017 regular meeting minutes as written.
4. Public Hearings:
1. Application #17-02 of Barbara Foley, Agent; Robert Patricelli, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a one-day event on the property located at 79 Hartford Road (Assessor’s Map G15, Block 110, Lot 012). Zone R-40 (Decision must be rendered within 65 days of closing public hearing).
Ms. Foley was present to address the Commission. She discussed the application for the event.
J. Rabbitt summarized Mike Glidden’s staff report dated March 20, 2017 with the Commission concerning application.
Commissioner Gray made a motion to close the public hearing; motion was seconded by Commissioner Beinstein. The motion was approved unanimously.
5. Old Business:
1. Application #17-02 of Barbara Foley, Agent; Robert Patricelli, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a one-day event on the property located at 79 Hartford Road (Assessor’s Map G15, Block 110, Lot 012). Zone R-40 (Decision must be rendered within 65 days of closing public hearing).
Commissioner Gray made a motion to approve application 17-02subject to the following conditions:
1. The approval is for a one-day event to be held on May 6, 2017.
2. The event start time is 2:30 pm.
3. The event end time is 7:00 pm.
Commissioner Beinstein seconded the motion. The motion was approved unanimously.
2. Application #17-03 of LADA, P.C. Land Planners, Agent; Simsbury Cemetery Association, Inc., Owner, for a Site Plan Approval for the installation of a columbarium wall and pavilion on the property located at Plank Hill Road (Assessor’s Map G09, Block 203, Lot 044, spanning between Library Lane and Plank Hill Road behind and adjacent to the property located at 755 Hopmeadow Street). Zone R-40. (Received 02/06/2017; decision must be rendered by 04/12/2017).
J. Rabbitt summarized Mike Glidden’s staff report dated March 20, 2017 with the Commission concerning application. Chairman Ryan reviewed staff’s report with members. A question regarding the need to include language for Sediment and Erosion Control in the proposed draft motion was discussed with J. Rabbitt,
Commissioner Battos made a motion to approve application 17-03 subject to the following conditions and based on plans dated:
“Simsbury Cemetery Plank Hill Road, Simsbury Connecticut” prepared by LADA P.C. Land Planners (LADA PC)
Name: Sheet: Date: Last Revision:
LADA PC L-1 02/01/2017 03/10/2017
LADA PC L-2 02/01/2017 03/10/2017
LADA PC L-3 02/01/2017 03/10/2017
LADA PC L-4 03/10/2017 03/10/2017
1. An administrative Zoning Permit is required for all site improvements.
2. Approval of Pavilion is based on plans titled, “Simsbury Cemetery Gazebo” prepared by Mathews Cemetery Products, revision date 06/20/2016
3. Roof for proposed pavilion shall be a copper dome. Changes to the roofing material will require approval by the Design Review Board.
4. For issuance of Zoning and/or Building Permit finals plans shall incorporate the following details:
a. Applicant must submit final design drawings for proposed retaining wall for issuance of a zoning permit. Details and design calculations must be signed and sealed by a Connecticut Professional Engineer.
b. Drainage structure at south eastern limits of disturbance cannot be elevated higher than 12 inches above existing elevation or is to remain at current vertical location.
c. Erosion/Sediment control measures such as silt fencing, staked hay bales, or inlet inserts are to be provided at drainage structure at southeastern limit of disturbance.
5. Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Town Planner, who has been given the authority on behalf of the Town’s Zoning Commission to act on their behalf.
Commissioner Gray seconded the motion. The motion passed unanimously.
3. Application #17-04 of Bill Heiden, Business Manager, Agent; St. Mary’s Catholic Church Corporation Of, Owner; for a Site Plan Amendment for an extension (2 years) for the portable classroom building on the north side of the school on the property located at 946 Hopmeadow Street (Assessor’s Map H08, Block 227, Lot 002 and Assessor’s Map H09, Block 227, Lot 001). (To be received 03/06/2017; decision must be rendered by 05/10/2017
Bill Heiden discussed the application with the Commission and outlined status of renovation project for campus.
Commissioner Post made a motion to approve application 17-04 subject to the following conditions:
1. The approval is for the portable classroom building on the north side of the school.
2. Approval is for the retaining of the portable classroom building for 2 years with the ability to request an additional 2 year extension; Expiration date will be March 20, 2019 (without extension granted).
3. Request for extension is to made in writing to the Zoning Commission.
Commissioner Battos seconded the motion. The motion passed unanimously.
4. Application #17-05 of Ernie Maggi, Stop ‘n Shop, Agent; Simsbury Commons North E A LLC. Owner; for a Site Plan Amendment for the placement of a temporary greenhouse on the property located at 498 Bushy Hill Road (Assessor’s Map B20, Block 508. Lot 001-B). Zone B-3. (received 03/06/2017; decision must be rendered by 05/10/2017):
Ernie Maggi presented the revised documents requested by the Commission at the March 6, 2017 meeting. M. Doyle questions whether a zoning permit would be required every year, staff replied yes.
Commissioner Doyle made a motion to approve application 17-05, subject to the following conditions:
1. The “season” for the greenhouse will be April 1st to July18th.
2. The approval is valid for 3 years.
3. A zoning compliance permit is required each year for the installation of the temporary structure.
Commissioner Battos seconded the motion. The motion passed unanimously.
5. Application #17-06 of Kevin Kowalski, Fire Marshal, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the installation of playground equipment at Rotary Park on the property located on the border of the Performing Arts Center property at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A) and the property adjacent to the southern boundary of the same (shown on the Assessor’s Map as Map H10, Block 226, Lot 002). Zones SC-3, SC-4, and R-40.:
James Rabbitt informed the Commission that for simplicity, Staff required the application go through the Conservation Commission and Inland Wetlands and Watercourse Agency first, which was meeting the next evening.
Commissioner Gray moved to table Application #17-06 until the next Regular Meeting on April 3, 2017 at 7pm. Commissioner Post seconded. The motion passed unanimously.
6. New Business
1. Receipt of New Applications
a. Application #17-07 of Farm to Family, Inc., d/b/a Community Farm of Simsbury, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the construction of two (2) high tunnels at Community Farm on the property located at 73 Wolcott Road (Assessor’s Map I02, Block 439, Lot 002). Zone I-1. (received 03/20/2017; decision must be rendered by 05/24/2017)
J. Rabbitt informed the Commission that the property is within 500 ft of the town boundary with East Granby. Therefore the application has been forwarded to East Granby for comments. Staff recommends that the application be tabled to the next regularly scheduled meeting.
Commissioner Gray made a motion to table Application 17-07 to the April 3, 2017 meeting of the Simsbury Zoning Commission. Commissioner Beinstein seconded the motion. The motion passed unanimously.
7. General Commission Business:
1. Discussion of New and Ongoing Projects:
a. Zoning Regulations revisions
J. Rabbitt informed the Commission of status for the regulation update as ongoing.
b. WHOZ Moratorium – General Discussion
J.Rabbitt informed the Commission of timing for update and current moratorium expiration date. He stated to the Commission that thru the Chair he will be working on an update the regulations which would address the issue long-term.
2. Executive Session:
• Litigation: Richard E. Schoenhardt vs. Town of Simsbury Zoning Commission:
Commissioner Gray moved to go into Executive Session with Director of Planning and Community Development James Rabbitt and Assistant Town Planner Michael Glidden at 7:35pm. Commissioner Doyle seconded. The vote passed unanimously.
Commissioner Doyle moved to exit Executive Session at 7:75pm. Commissioner Gray seconded. The vote passed unanimously.
No vote or action was taken in Executive Session.
8. Adjournment:
Commissioner Gray moved to adjourn the meeting at 7:48pm. Commissioner Doyle seconded. The vote passed unanimously.
Submitted By:
Michael Glidden, CFM, CZEO
Town of Simsbury
Assistant Town Planner