Zoning Commission Minutes 04/18/2016
ZONING COMMISSION – REGULAR MEETING – 7:00 PM
MINUTES - SUBJECT TO VOTE OF APPROVAL
APRIL 18, 2016
I. CALL TO ORDER
Commissioner Dave Ryan called the Regular Meeting for the Zoning Commission to order at 7:03 p.m. on Monday, April 18, 2016 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Bruce Elliott, Donna Beinstein, Kevin Gray, Jackie Battos and Mike Doyle. Others in attendance included Jamie Rabbitt, Director of Planning and Community Development and Mike Glidden, Assistant Town Planner and other interested parties.
II. ROLL CALL
Appointment of Alternates
Commissioner Ryan appointed Commissioner Doyle for Commissioner Post and Commissioner Elliott for Commissioner Peterson.
III. APPROVAL OF MINUTES of the March 21, 2016 Regular Meeting
Minutes were approved as submitted.
IV. APPLICATIONS:
1. Old Business:
Public Hearings:
Application #16-09 of Kenneth T. Pignone, Petitioner, for Text Amendments to the Town of Simsbury Zoning Regulations to: Article Four, Definitions;and Article Seven, Section 9, Accessory Dwelling Units.(received 03/21/2016; public hearing to be opened 04/18/2016)
Mr. Kenneth Pignone of 57 Westledge, mentioned that the Bloomfield regulations were missing and provided copies for the Commission. He said that his recommendations are based mostly on the Town of Bloomfield in addition to other surrounding towns. Mr. Pignone said Mr. Schoenhardt’s accessory dwelling application process was an example of how an applicant abused the system. He said that changing the Zoning Regulations to stop the abuse is most important for the town. Mr. Pignone added that too many apartments are being built and the Zoning Commission regulations need to address that issue as well.
Ms. Marybeth Peterson of 19 Pasture Lane said that she agrees that Mr. Pignone’s concept that prevents an applicant from presenting an identical application over and over without a substantive change. She submitted a memo to town staff that included corrections of typos and inconsistencies in the Accessory Dwelling section of the Zoning Regulations.
Commissioner Elliott moved to continue the public hearing at the next Zoning Commission meeting on May 2, 2016 at 7:00 pm at the Simsbury Town Offices for Application #16-09 of Kenneth T. Pignone, Petitioner, for Text Amendments to the Town of Simsbury Zoning Regulations to: Article Four, Definitions;and Article Seven, Section 9, Accessory Dwelling Units. Commissioner Battos seconded the motion and it was unanimously approved.
Application #16-10 of Margaret and Steven Glick, Owners, for a Special Exception pursuant to Article Seven, Section A.9, of the Town of Simsbury Zoning Regulations to legalize an existing accessory dwelling unit on the property located at 45 Old Farms Road, West Simsbury (Assessor’s Map C09, Block 418, Lot 003). Zone R-40.(received 03/21/2016; public hearing to be opened 04/18/2016)
Ms. Margaret Glick of 45 Old Farms Road discovered after moving into her house that the in-law apartment was built without receiving any permits from the town. She would like to keep the in-law apartment for her parents to live in the future. She said that the apartment is built over the garage and described other details to the Commission.
Mr. Kenneth Pignone of 57 Westledge said that Mr. and Mrs. Glick’s realtor should have known the apartment was built illegally. He requested the Board to hold off making a decision on the apartment until a decision is made on the suggestions listed in his text amendment application. He added that if the apartment is approved, then it will set precedence and others won’t take out permits for accessory apartments.
Mr. Marybeth Peterson of 19 Pasture Lane said that if the apartment meets all Zoning Regulations criteria then it should be approved.
Ms. Glick answered Commissioner Elliott’s question about other uses for the apartment. She said that her only intention is to have her parents live there when the situation presents itself.
Mr. Mike Glidden said that staff approves of the application. He added that the applicant was advised to speak with the building official to ensure the apartment is up to code.
Commissioner Gray moved to close the public hearing for Application #16-10 of Margaret and Steven Glick, Owners, for a Special Exception pursuant to Article Seven, Section A.9, of the Town of Simsbury Zoning Regulations to legalize an existing accessory dwelling unit on the property located at 45 Old Farms Road, West Simsbury (Assessor’s Map C09, Block 418, Lot 003). Zone R-40. Commissioner Beinstein seconded the motion and it was unanimously approved.
Commissioner Gray moved to amend the agenda to discuss Application #16-10 of Margaret and Steven Glick. The motion was seconded by Commissioner Beinstein and was unanimously approved.
Commissioner Gray moved to approve Application #16-10 of Margaret and Steven Glick, Owners, for a Special Exception pursuant to Article Seven, Section A.9, of the Town of Simsbury Zoning Regulations to legalize an existing accessory dwelling unit on the property located at 45 Old Farms Road, West Simsbury (Assessor’s Map C09, Block 418, Lot 003). Zone R-40. The motion is contingent upon the Applicant obtaining approvals from the town Building Official and Fire Marshall prior to occupancy. Commissioner Battos seconded the motion and it was unanimously approved.
Applications:
Application #16-11 of Louis N. George, Esq., Agent; BMG Management, LLC, Owner, for a Site Plan Amendment for an addition to and renovations of the existing commercial building on the property located at 560-566 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1. (received 03/21/2016; decision must be rendered by 05/25/2016)
Mr. Luis George, agent for BMG said that the owner has been a tenant in the building for 4.5 years. Last year he purchased the property and began renovating. Most recently, the owner renovated the liquor store. There is a section between the restaurant and liquor store that is intended for expanding the restaurant. The expansion of square footage requires additional parking. Currently the parking lot is in disrepair, lacks delineations and drainage. He added that the changes to the property will improve safety and its appearance.
Mr. Brian Denno of Denno Land Surveying & Consulting discussed the renovations to the back parking lot including: water drainage, landscaping, retaining wall, wooden guardrail and screening the dumpster.
Mr. George said they will return on May 2nd for a public hearing to request a waiver on four parking spaces.
Commissioner Gray moved to table until May 2, 2016 Application #16-11 of Louis N. George, Esq., Agent; BMG Management, LLC, Owner, for a Site Plan Amendment for an addition to and renovations of the existing commercial building on the property located at 560-566 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1. Commissioner Doyle seconded the motion and it was unanimously approved.
New Business:
Receipt of New Applications:
Application #16-12 of Ronald Bomengen, Fuss & O’Neill, Inc., Agent; Westminster School, Owner; for a Site Plan amendment for Changes to Application #15-22 of Ronald Bomengen, Fuss & O’Neill, Inc., Agent; Westminster School, Owner; for a site plan amendment for a new student and faculty residence, dining hall, and renovations to Cushing Hall on the property located at 995 Hopmeadow Street (Assessor’s Map H07, Block 13, Lot34), approved 07/27/2015. Zone R-40. (received 04/04/2016; decision must be rendered by 06/08/2016)
Mr. Craig Lapinski of Fuss & O’Neill said Westminster School is requesting modifications to the site plan originally approved in 2015 for the construction of a new dining facility and residential carriage houses. Mr. Lapinski showed drawings and described each change itemized in Mr. Mike Glidden’s letter dated March 29, 2015.
Mr. Jamie Rabbitt said that staff has been involved with the proposed plan and it is consistent with the original integrity of design. Mr. Rabbitt also said that the designs were approved by DRB this evening.
Commissioner Gray moved to approve Application #16-12 of Ronald Bomengen, Fuss & O’Neill, Inc., Agent; Westminster School, Owner; for a Site Plan amendment for Changes to Application #15-22 of Ronald Bomengen, Fuss & O’Neill, Inc., Agent; Westminster School, Owner; for a site plan amendment for a new student and faculty residence, dining hall, and renovations to Cushing Hall on the property located at 995 Hopmeadow Street (Assessor’s Map H07, Block 13, Lot34), approved 07/27/2015. Zone R-40. Commissioner Doyle seconded the motion and it was unanimously approved.
Application #16-03 of Chris Nelson and Ron Janeczko, Highcroft Simsbury, LLC, Owners for a sign permit for entry signage at the Highcroft development located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-05). Zone PAD. (received 04/04/2016; decision must be rendered by 06/08/2016)
Mr. Ron Jeneczko of Land Works Development is requesting approval for final signage of the Highcroft development. He said in the past, signage was so close to original discussions that it was approved by staff. In this case, the development is a new use in a commercial park and would like the sign identified with “Apartment Homes” underneath “Highcroft”. DRB suggested keeping the signage lower and removing “Apartment Homes”.
Mr. Jamie Rabbitt said there wasn’t any signage approved in the applicant’s PAD application. He said that the regulations don’t permit granting an identifier sign associated with a large scale development outside the PAD approval process. Mr. Rabbitt suggested that the Commission either amends the signage regulations or have the applicant adjust the PAD approval and include a signage package.
Mr. Ron Jeneczko said that they are trying to avoid a public hearing request, notification and months of meetings and waiting for publication of decisions.
Commissioner Elliott said that the sign is labeled as a wall sign which is incorrect since the sign isn’t attached to a building.
Commissioner Ryan said he thinks the sign issue was left to be decided later. Commissioners Gray and Battos agree. They would have approved the PAD and expect signage at a later point.
Mr. Rabbitt said that the applicant filed an application for a sign permit; however, the sign doesn’t meet sign regulations. If the Commission wants to amend the site plan, the applicant has to file a different application. He added that the sign is permitted if the development is approved under cluster zone regulations, which would require a text amendment to the regulations.
Commissioner Ryan instructed the applicant to return with a site plan amendment application at the next meeting and to include all signage for the development in the same amendment.
The following motions indicate the public hearing dates for items iii - iv:
Commissioner Gray moved to hold the public hearing on May 2, 2016 for Application #16-14 of Marc Lubetkin, Red Stone Pub, Agent; George Markatos, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a series of one-day events to be held on the property located at 10 Jim Gallagher Way. (Assessor’s Map G10, Block 227, Lot 001A-RR). Zone SC-3. (received 04/04/216; public hearing to be opened 05/02/2016). The motion was seconded by Commissioner Beinstein and was unanimously approved.
Application #16-15 of Gerry Toner, Director of Culture, Parks and Recreation, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for renovations and construction of recreational facilities at 100 Old Farms Road, West Simsbury. Zone R-40. (receive 4/04/216; decision must be rendered by 06/08/2016).
Mr. Jamie Rabbitt said that the applicant requested to have the application tabled while waiting for a decision from the Conservation Commission. Mr. Rabbitt said it is a warming shelter associated with the hockey rink and DRB gave a favorable review this evening. Commissioner Elliott requested that the application is included on the Consent Agenda Items for the next meeting. The Commission members agreed with Commissioner Elliott’s suggestion.
Commissioner Gray moved to hold the public hearing on May 2, 2016 for Application #16-16 of Louis N. George, Esq., Agent; BMG Properties, LLC, Owner, for a Special Exception pursuant to Article Ten, Section E5, of the Simsbury Zoning Regulations to reduce the number of parking spaces required on the property located at 560-566 Hopmeadow Street. (Assessor’s Map G12, Block 132, Lot 036). Zone B-1. (received 04/04/2016; public hearing to be opened 05/02/2016). The motion was seconded by Commissioner Battos and was unanimously approved.
Commissioner Gray moved to hold the public hearing on May 16, 2016 for Application #16-17 of Shelby Beauchemin, P.E., Woodard and Curran, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Seven, Section A.3, for public utility installations needed for the public convenience and necessity for the replacement of the Tariffville Water Storage Tank on the property located on the westerly side of Mountain Road, Tariffville, across from 56 Mountain Road. (Being shown as Assessor’s Map K05, Block 127, Lot 020. Zone R-25. (to be received 04/18/2016; public hearing must open by 06/22/2016). The motion was seconded by Commissioner Doyle and was unanimously approved.
Commissioner Gray moved to hold the public hearing on May 16, 2016 for Application #16-18 of Ferg Jansen, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section Four, for a temporary liquor permit for a one-day event on the property located at 1 Old Bridge Road. (Assessor’s Map H11, Block 144, Lot 007). Zone R-15. (to be received 04/18/2016; public hearing must open by 06/22/2016). The motion was seconded by Commissioner Battos and was unanimously approved.
b. Requests for Extensions:
Request from Marshall Epstein for a 5-year extension to the Site Plan Amendment administratively approved on April 21, 2011 for the construction of a new 1,150 square foot winery barn behind the existing Rosedale sales barn on the property located at Rosedale Farms, 25 East Weatogue Street, (Assessor’s Map H14, Block 108, Lot 003).
Zone R-40.
Mr. Rabbitt said that Mr. Epstein is not ready to build. Under state statute, the applicant has up to 10 years. The building approved is a wine-tasting room in a small barn-like structure with no commercial kitchen. He added that it was approved by the Planning Director, not the Zoning Officer back in 2011.
Commissioner Elliott moved to approve a 5-year extension to the Site Plan Amendment, as originally approved on April 21, 2011 and without changes, for the construction of a new 1,150 square foot winery barn behind the existing Rosedale sales barn on the property located at Rosedale Farms, 25 East Weatogue Street. (Assessor’s Map H14, Block 108, Lot 003). Zone R-40. Commissioner Gray seconded the motion and it was unanimously approved.
V. GENERAL COMMISSION BUSINESS
1. Discussion of New and Ongoing Projects.
Mr. Jamie Rabbitt said he has nothing new to report
Zoning Regulations revisions: General Discussion
Mr. Jamie Rabbitt said he is working diligently on the Zoning Regulations. He will be meeting with the consultant every week for the next couple of months. Budget hearings are coming up. He requested support of the Commissioners at the hearings.
VI. ADJOURNMENT
Commissioner Gray made a motion to adjourn the meeting at 9:07 p.m. The motion was seconded by Commissioner Battos and was unanimously approved.
Respectfully Submitted,
Irene Muench, Commissions Clerk