Zoning Commission Minutes 04/01/2019
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES - Subject to Vote of Approval
Monday, April 1, 2019 at 7 P.M.
Simsbury Town Hall - Main Meeting Room
933 Hopmeadow Street, Simsbury, CT
PRESENT: Dave Ryan, Donna Beinstein, Bruce Elliott, Kevin Gray, Mike Doyle, Joe Campolieta, Gavin Schwarz
ABSENT: Jackie Battos, Thomas Frank
ALSO PRESENT: Robin Newton, Assistant Town Planner
CALL TO ORDER: Chairman Ryan called the meeting to order at 7:00 P.M.
I. ROLL CALL:
1. Chairman Ryan appointed Mr. Campolieta to sit for Ms. Battos
II. APPROVAL OF MINUTES: March 18, 2019, Regular Meeting
Motion: Mr. Elliott made a motion approve the regular meeting minutes from
March 18, 20019 at 7:02 P.M. as is. Mr. Gray seconded the motion. Motion passed unanimously, 6-0.
III. PUBLIC HEARINGS:
1. Application #19-13 of Stephen Hennessey, Agent; E & A/I & G Simsbury
Commons Limited Partnership, Owner; for a Special Exception pursuant to Article Ten, section H of the Simsbury Zoning Regulations for a cafe liquor permit at Apple Cinema on the property located at 502 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (public hearing must be closed by 05/06/2019)
Stephen Hennessey, P.O. Box 5, Riverton, CT., presented Application #19-13, explaining the proposed plans to serve alcohol in the movie theatre, in the cafe area, with patrons being allowed to enjoy alcoholic beverages while watching movies. Mr. Hennessey answered questions from the Commission regarding location of service area, how large service area would be, seating area, what types of food would be served at the cafe, restrictions on how many drinks could be served at a time, how many other theatres in the area serve alcohol, if there have been any issues in the past at other theatres serving alcohol, who will serve alcohol, whether employees would be TIPS trained, whether people would be required to purchase movie tickets in order to drink on premises, who will monitor alcohol consumption and “police” underage drinking, and whether the police have approved the plan yet.
Ms. Newton advised the Commission that the Fire Marshal and the Police Chief would not sign off on the application until it is approved by the Zoning Commission.
Joe Galliett, 283 Hopmeadow Street, Weatogue, CT., expressed concerns of ease of underage drinking in the theatres. He was worried about unsupervised areas and wanted to know what will prevent patrons (of legal age) from purchasing alcohol for minors.
Ms. Newton stated that she hadn’t received an affidavit that was supposed to be turned in, Mr. Hennessey submitted the affidavit to Ms. Newton at the meeting.
Motion: Mr. Gray made a motion to close the public hearing for Application #19-13 at 7:22 P.M. Ms. Beinstein seconded the motion. Motion passed unanimously, 6-0.
2. Application #19-14 of Eaglewood Hospitality Group, LLC, Agent; 1820 House, LLC, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a hotel liquor permit on the property located at 731 Hopmeadow Street (Assessor’s Map G10, Block 203, Lot 001C+D). Zone SC-1. (public hearing must be closed by 05/06/2019)
Christopher Riley, 52 Spring Glen Drive, Granby, CT., spoke on behalf of Eaglewood Hospitality Group, LLC regarding Application #19-14 for a Special Exception for a hotel liquor permit in order to service guests and the hotel space.
The Commission and Mr. Riley discussed how the hotel served liquor in the past, previous liquor experience of current ownership and management and where patrons would be allowed to consume alcoholic beverages.
Motion: Mr. Gray made a motion to close the public hearing for Application #19-14 at 7:27 P.M. Ms. Beinstein seconded the motion. Motion passed unanimously, 6-0.
IV. OLD BUSINESS:
1. Applications
a. Application #19-13 of Stephen Hennessey, Agent; E & A/I & G Simsbury Commons Limited Partnership, Owner; for a Special Exception pursuant to Article Ten, section H of the Simsbury Zoning Regulations for a cafe liquor permit at Apple Cinema on the property located at 502 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (decision must be rendered within 65 days of closing public hearing)
Motion: Mr. Gray made a motion at 7:27 P.M. to approve Application #19-13 of Stephen Hennessey, Agent; E & A/I & G Simsbury Commons Limited Partnership, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury ZOning regulations for a cafe liquor permit at Apple Cinema on the property located at 502 Bushy Hill Road.
Special Exception is subject to the following conditions:
1. An administrative zoning permit is required.
2. Approval is only for activities within the existing structure. Expansion of service areas of alcoholic beverages such as patios requires approval from the Zoning Commission.
Ms. Beinstein seconded the motion. Motion passed unanimously, 6-0.
b. Application #19-14 of Eaglewood Hospitality Group, LLC, Agent; 1820 House, LLC, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a hotel liquor permit on the property located at 731 Hopmeadow Street (Assessor’s Map G10, Block 203, Lot 001 C+D). Zone SC-1. (decision must be rendered within 65 days of closing public hearing)
Motion: Mr. Gray made a motion at 7:28 P.M. to approve Application #19-14 of Eaglewood Hospitality Group, LLC, Agent; 1820 House, LLC, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a hotel liquor permit on the property located at 731 Hopmeadow Street.
Special Exception is subject to the following condition:
1. Expansions of the outdoor seating areas/patios require approval from the Zoning Commission. Approval is for change of permit type only, with no expansions of the premise. (permit includes the carriage house)
Motion was seconded by Mr. Doyle. Motion passed unanimously, 6-0.
V. NEW BUSINESS:
1. Receipt of New Applications
1. Application #19-17 of Tyler English, Agent; LBH, LLC, Owner; for a Site Plan Amendment for a change in use from retail to personal trainer/Gym on the property located at 141 West Street (Assessor’s Map F11, Block 103, Lot 018). Zone B-2. (to be received 04/01/2019; decision to be rendered by 06/05/2019)
Tyler English, 6 David Drive, Simsbury, CT., presented Application #19-17 to the Commission. Mr. English explained how classes are book and how the area of the loft will be used.
Ms. Newton noted there is a shared parking agreement, and that the application is a formality of change of use.
Motion: Mr. Doyle made a motion at 7:35 P.M., to approve Application #19-17 of Tyler English, Agent; LBH, LLC, Owner; for a Site Plan Amendment for a change in use from retail to personal trainer/gym on the property located at 141 West Street.
Site Plan Amendment is subject to the following conditions:
1. An administrative zoning permit is required.
Mr. Campolieta seconded the motion. Motion passed unanimously, 6-0.
2. Application #19-19 of Louis N. George, Esq., Agent; BMG Properties, LLC, Owner; for a Site Plan Amendment for a change of use from office space to an apartment on the property located at 560-566 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1. (to be received 04/01/2019; decision to be rendered by 06/05/2019)
Stephanie Ma, of Hassett & George, P.C., 945 Hopmeadow Street, was present to speak on behalf of Louis N, George., Agent; BMG Properties regarding the Site Plan Amendment for change of use from office space to apartment in Application #19-19. Ms. Maw answered questions regarding the layout of the property, egress and location of windows.
The Commission and Ms. Newton discussed past correspondence with the Fire Marshal, and Ms. Newton explained the process of approval for change of use from office space to apartment. Ms. Newton advised the Commission that the Fire Marshal is aware because they were involved in the process. Ms. Newton also advised that the Building Official is also involved in the process.
Motion: Mr. Gray made a motion at 7:45 P.M., to approve Application #19-19 of Louis N. George, Esq., Agent; BMG Properties, LLC, Owner; for a Site Plan Amendment for a change of use from office space to an apartment on the property located at 560-566 Hopmeadow Street.
Site Plan Amendment is subject to the following conditions:
1. An administrative zoning permit is required.
2. Applicant is to provide copy of parking lease with CTDOT for issuance of certificate of occupancy of apartment above retail liquor store.
Mr. Doyle seconded the motion. Motion passed unanimously, 6-0.
VI. GENERAL COMMISSION BUSINESS:
1. Correspondence
Ms. Newton noted the correspondence letter from the State of Connecticut regarding Petition No. 1313 - DWW Solar II, LLC. Ms. Newton provided copies to the Commission.
VII. ADJOURNMENT:
Motion: Mr. Doyle made a motion at 7:48 P.M., to adjourn the meeting. Motion was seconded by Mr. Campolieta. Motion passed unanimously, 6-0.
Submitted by:
Kimberly Rathbun
Commission Clerk