Zoning Commission Minutes 04/03/2017

Meeting date: 
Monday, April 3, 2017

Town of Simsbury Zoning Commission

Monday April 3, 2017 at 7:00pm

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, CT

 

Regular Meeting

Minutes Subject to Vote of Approval

 

 

I.             Call to Order:  The meeting was called to order at 7:00pm. 

 

II.            Roll Call:  Members present were:  Chairman David Ryan arrived at 7:15, Jackie Battos, Kevin Gray, Donna Beinstein, Michael Doyle, and alternate Thomas Kyzivat.  Director of Planning James Rabbitt and Assistant Town Planner Michael Glidden were also present.

 

Commissioner Gray called for nominations of Chairman pro temp. Commissioner Doyle nominated Commissioner Gray to serve as Chairman pro temp in absence of Chairman Ryan, the motion was seconded by Commissioner Beinstein. Motion passed unanimously. (4-0)

 

1.            Appointment of Alternates

 

Chairman Pro Temp Gray appointed Commissioner Kyzivat to serve for Chairman Ryan.

 

III.           Approval of Minutes – March 20, 2017 Regular Meeting:  The Zoning Commission approved the March 20, 2017 Regular Meeting Minutes as written. 

 

IV.          Public Hearings:

 

                None

 

V.            Old Business:

 

1.            Applications

 

a.            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.:  

 

K. Kowalski presented briefly the application to the Commission. J. Rabbitt reviewed staff report prepared by M. Glidden with the Commission.

 

Commissioner Doyle made a  Motion to approve 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)

 

Site Plan Amendment approval is subject to the following conditions of approval:

 

1.            Conditions approval associated with CC Permit # 17-03 are also incorporated in the Zoning Commission approval.

2.            A zoning permit is required for the site improvements.

3.            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 Kyzivat seconded the motion. The motion passed unanimously.

               

 

b.            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.

Joanne Perry of Farm to Family Inc. presented the application to the Commission for the installation and construction of the two high tunnels at 73 Wolcott Road.

 

Commissioner Battos made motion to approve application #17-07 of Family Farm, 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.

 

Commissioner Beinstein seconded the motion. The motion passed unanimously.

 

c.             Application #17-08 of Javier Campos, Adams & Ruxton Construction, Agent; Bank of America (Fleet Bank N A), Owner; for a Site Plan Amendment for the construction of ADA upgrades on the property located at 740 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 003). Zone SC-1

 

James Kinosian of Stonefield Engineering & Design LLC presented the application to the Commission. Mr. Kinosian explained the changes to the ADA regulations which prompted the property to apply for the modification. Commissioner Kyzivat inquired about the parking and whether the numbers would be affected by the proposed changes. Mr. Kinosian explained that the total number of parking spaces would not be changed.

 

Commissioner Doyle made a motion to approve Application #17-08 of Javier Cmapos, Adams & Ruxton Construction, Agent; Bank of America (Fleet Bank N A) Owner; for a Site Plan Amendment for construction of ADA upgrades on the property located at 740 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 003) Zone SC-1.

 

Approval is based on Plans Titled: “Bank of America ADA upgrades, Simsbury Connecticut” prepared by Stonefield Engineering and Design, Revision Date 01/26/2017

 

Site Plan Amendment approval is subject to the following conditions of approval:

 

1.            An administrative zoning permit is required for the site improvements

2.            The Final Plans shall incorporate the following modifications:

a.            The applicable professional stamp and signatures

b.            Topography is be shown on Sheet C5 which incorporates recent improvements to sidewalk along Hopmeadow Street

c.             Sheet C5 is to be revised to accurately depict the proposed elevation 198 which is beyond the paving limits of the proposed work area

d.            Grading percentage of ADA spaces shall be changed to 1.5% in order to accommodate Town Engineer’s concern for potential of drainage issues associated with the area.

e.            All accessible symbols (both signage and pavement markings) are to comply with Fig. 706.6.3.1 International Symbol for Accessibility as noted in the Connecticut State Building Code.

3.            Approval from CTDOT District 4 is required for all work within Route 10 right of way. Said approval is to be secured and written proof is to be provided to the Planning Department for issuance of zoning permit.

4.            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 Kyzivat seconded the motion. The motion passed unanimously.

 

VI.          New Business

 

1.            Receipt of New Applications

 

Chairman David Ryan arrived at 7:15

 

1.            Receipt of New Applications

a.            Application #17-09 of Chris Milliard, Phase Zero Design, Agent; Mitchell Auto Group, Inc., Owner; for a Site Plan Amendment for changes to the building design for the Volvo Showroom and the Volvo Service/Quick Lane buildings on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2). Zone B-2. (to be received 04/03/2017; decision must be rendered by 06/07/2017)

 

J. Rabbitt informed the Commission that the Design Review Board did not meet tonight and discuss the application. Mr. Rabbitt informed

 

Commissioner Doyle made a motion to table Application 17-09 to the April 17, 2017 meeting of the Simsbury Zoning Commission. Commissioner Beinstein seconded the motion. The motion passed unanimously.

 

b.            Application #17-10 of SL Simsbury LLC, Owner, for a Site Plan Approval for development of The Ridge at Talcott Mountain, consisting of an assisted living facility, townhouses, apartments, garages, club house, pool, and office/retail buildings on the property located at 200 Hopmeadow Street (shown as Assessor’s Map F17, Block 154, Lot 009-1, Assessor’s Map F17, Block 154, Lot 009-2, and Assessor’s Map F17, Block 154, Lot 009-3). Zone HS-FBC. (to be received 04/03/2017; decision must be rendered by 06/07/2017)

 

Commissioner Kyzivat made a motion to refer the application to the Conservation Commission pursuant to Chapter 128 of the Town Code for review of the erosion and sediment control plan. Commissioner Doyle seconded the motion. The motion passed unanimously.

 

Commissioner Doyle made a motion to table Application 17-10 to the April 17, 2017 meeting of the Simsbury Zoning Commission. Commissioner Beinstein seconded the motion. The motion passed unanimously.

 

c.             Application #17-11 of C-TEC Solar, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the installation of a solar array on the property located at 73 Wolcott Road (Assessor’s Map I02, Block 439, Lot 002). Zone I-1. (to be received 04/03/2017; decision must be rendered by 06/07/2017)

 

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 Doyle made a motion to table Application 17-11 to the April 17, 2017 meeting of the Simsbury Zoning Commission. Commissioner Beinstein seconded the motion. The motion passed unanimously.

 

 

VII.         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.

 

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 Doyle moved to table the Executive Session to 04/17/2017.Commissioner Battos seconded.  The vote passed unanimously. 

 

Commissioner Doyle moved to amend the agenda and add election of permanent secretary of the Zoning Commission. Commissioner Battos seconded the motion. The motion passed unanimously.

 

The Commission discussed the vacancy of Secretary. Chairman Ryan clarified that 5 regular members were presented to vote and that Commissioner Kyzivat is seated for Commissioner Post.

 

Chairman Ryan nominated Commissioner Kevin Gray to serve as permanent secretary to the Zoning Commission. Commissioner Battos seconded the nomination. The motion passed unanimously.

 

VIII.        Adjournment:

 

Commissioner Doyle moved to adjourn the meeting at 7:30pm. Commissioner Battos seconded.  The vote passed unanimously.

 

Submitted By:

 

 

Michael Glidden CFM CZEO

Assistant Town Planner