Zoning Commission Minutes 05/02/2016

ZONING COMMISSION – REGULAR MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
MAY 2, 2016

I.　　　　　 CALL TO ORDER

Commissioner Dave Ryan called the Regular Meeting for the Zoning Commission to order at 7:00 p.m. on Monday, May 2, 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, Kevin Gray, Jackie Battos and Gerald Post. Donna Beinstein arrived at 7:20 pm. Others in attendance included Jamie Rabbitt, Director of Planning and Community Development, and other interested parties.

II.　　　　 ROLL CALL

Appointment of Alternates:

Commissioner Ryan appointed Commissioner Elliott for Commissioner Peterson.

III.　　　 APPROVAL OF MINUTES of the April 18, 2016 Regular Meeting

Mr. Jamie Rabbitt made the following change:

Page 5, Lines 196-198: The sentences should read as follows: He added that the sign would be permitted under the cluster zone regulations. Otherwise a text amendment to the regulations would be required.

IV.　　　 APPLICATIONS:

Old Business

Mr. Louis George, agent for BMG said that the applicant is requesting to waive four parking spaces from the parking lot. Technically, the applicant is required to have 33.4 spaces. Staff suggested reducing the number of spaces to 29 due to functionality and safety. Mr. George listed the proposed parking changes: handicap parking will move to the far end of the building where the ramp is located; the number of parking spaces in front will be reduced; the number of parking spaces in the back will double along with improved drainage. He added that he submitted a letter to staff from Maryanne Strindberg, APRN, of Valley Psychiatry (the property located next to Benny’s.) The letter states that Benny’s Restaurant may use the three parking spaces located at 558 Hopmeadow Street.

Mr. Brian Denno of Denno Land Surveying & Consulting added that the reduction of parking spaces has improved the sightline from the north for those exiting the parking lot.

Commissioner Battos commented that the plan is well thought-out and a safer solution.

Mr. Rabbitt said that the proposed parking is much more functional and safer. Currently there are 12-14 parking spaces in the rear. The proposed plan will increase the spaces to 23.

Commissioner Gray moved to close the public hearing 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). Commissioner Post seconded the motion and it was unanimously approved.

Commissioner Gray moved to amend the agenda to vote on Application #16-16 prior to reviewing Application #16-11 listed below as "Section IV item b-i". The motion was seconded by Commissioner Post and was unanimously approved.

Commissioner Gray moved to approved Application #16-16 of 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).Commissioner Post seconded the motion and it was unanimously approved.

Public Hearings:

Mr. Kenneth Pignone said that he removed some language and modified the definition of "re-application". The purpose for the text amendment is to protect the public from the abuse of an applicant coming before the board with no substantial change to a denied application. Mr. Pignone said that if the Board denies and application, the applicant has to show a substantial change in order to present to the Board again. If the applicant wants to return the third time, the applicant has to swear to an affidavit that there are significant changes to present to the Board. Mr. Pignone also recommended in his application that the Board is permitted to look at the applicant’s previous applications when re-applying.

Mr. Jamie Rabbit said that the Town Attorney didn’t provide comments to staff since staff didn’t have access to the amendments until that afternoon. He added that the language "substantially changed" may cause problems. Mr. Rabbitt gave an example where an applicant may supply additional testimony from a professional to the Commission on a question that was brought up during the hearing process or Commission deliberation. This process can continue several times.

Mr. Pignone commented to Mr. Rabbitt’s example. He agrees that the Board would want to hear testimony from a professional -- that counts as substantial information that could possibly change the Board’s decision. However, it’s the third time that an applicant re-applies that is excessive.

The Commission decided to close the public hearing and wait for comments from the Town Attorney before voting on the application.

Commissioner Post moved to close the public hearing 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. (public hearing must be closed by 05/23/2016). Commissioner Gray seconded the motion and it was unanimously approved.

Commissioner Ryan said that the applicant requested to continue the public hearing on May 16, 2016.

Commissioner Gray moved to continue the public hearing on May 16, 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 04/04/2016; public hearing to be opened 05/02/2016). Commissioner Post seconded the motion and it was unanimously approved.

(CONTINUED FROM 04/18/2016) 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. (public hearing must be closed by 05/23/2016)

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 04/04/2016; public hearing to be opened 05/02/2016)

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)

Applications:

Mr. Louis George briefly discussed the information he presented at the last meeting. He said there is a section between the restaurant and liquor store that is intended for expanding the restaurant 300 sq. ft. The front will not change much in appearance. Most of the renovations will be to the back of the building. Mr. George said that it is a priority of the applicant to improve the appearance of the back since it’s visible from the bike path.

Mr. George said the back porch will be redone since it is in poor condition. Also, adding the wrought iron black fence, landscaping, retaining wall, wooden guardrail and screening the dumpster will create a more appealing property.

Mr. Brian Denno of Denno Land Surveying & Consulting discussed adding green space in the back of the building. A trellis will also be added next to the building for climbing plants.

Mr. Rabbitt told the Commission that proposed lighting isn’t shown on the plans or elevations. Mr. Rabbit provided comments for the Commission to add to the motion for approval.

Commissioner Gray moved to approve 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). The following provisions from town staff are included in the motion:

1. A preconstruction meeting should be held with Commission/town staff (Planner, Engineer, ZEO, and Building Official) with building contractor prior to any construction, grading and/or excavation activity associated with the construction and/or deconstruction of Retail Space.

2. Full architectural renderings shall be filed as part of the site plan.

3. Shop drawings for the facade treatments shall be submitted and reviewed by Director of Planning and Community Development to determine compliance with Commission approvals prior to installation.

4. Shop drawings and samples of building materials including colors (markups) shall be submitted to staff (Director of Planning and Community Development) and reviewed to determine compliance with Commission approval prior to installation.

5. A landscape plan (foundation plantings) meeting the requirements of the regulations shall be submitted. Final plant type and locations shall be review by the planner for compliance with the site plan regulations.

6. A note shall be added to the plans stating that: no outside retail storage, display, and/or sales are permitted beyond the areas depicted on the approved site plan. This note shall be placed on the site plan and the architectural renderings.

7. Final as-built should be submitted to the Town to determine compliance with the approved plans. As-built shall include final grades, curbing, landscaping, buildings, signage, utilities (depth, size, location, type) and drainage. As-built may include additional information deemed necessary by town staff to determine compliance with approvals.

8. The applicant shall provide light plan (full cut off) on the rear of the building. The final lighting plan shall be submitted to the Zoning Commission and review by staff (Director of Planning and Community Development) for compliance.

In addition, the motion includes approval of the site plan page 1 of 8 dated April 27, 2016 and page 3 of 8 dated May 2, 2016 and architectural drawings A501 and A502. The motion was seconded by Commissioner Post and was unanimously approved.

Commissioner Beinstein made a motion to amend the agenda to move Application #16-13 to Section 2, New Business, item iv, of Chris Nelson and Ron Janeczko, Highcroft Simsbury, LLC, Owners for a sign permit for entry signage at the Highcroft development on the property located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5). Zone PAD. (received 04/04/2016; decision must be rendered by 06/08/2016). The motion was seconded by Commissioner Post and was unanimously approved.

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).

Application #16-13 to Section 2, New Business, item iv, of Chris Nelson and Ron Janeczko, Highcroft Simsbury, LLC, Owners for a sign permit for entry signage at the Highcroft development on the property located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5). Zone PAD. (received 04/04/2016; decision must be rendered by 06/08/2016).

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. (received 04/04/216; decision must be rendered by 06/08/2016).

Mr. Elliott said that the minutes from the last meeting indicated that the Commission wanted to address this application as a consented agenda item. Since Mr. Toner wasn’t present, he asked for staff to outline the scope of the application. Mr. Rabbitt said it was his understanding at the last meeting that the Commission was comfortable with the information that was before them and would not request the presence of Mr. Toner or Mr. Shay this evening. He added that the Commission can make a decision on the application if they choose. Mr. Rabbitt also said that staff has no recommendations other than the application complies with the Zoning Regulations.

Commissioner Post moved to approve 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. (received 04/04/216; decision must be rendered by 06/08/2016). The motion was seconded by Commissioner Elliott and was unanimously approved.

New Business

Receipt of New Applications:

Mr. Gus Jasminski of Ensign-Bickford Realty said he is requesting a one-year extension of the permit for 437 Hopmeadow Street which is the entrance of Powder Forest. Mr. Jasminksi said that about 50% of the pit is remaining. Last fall they re-graded a little over an acre of material, planted grass and wild flowers. He said the pit isn’t visible from Hopmeadow Street because there is a 50ft. – 100ft. buffer along Route 10. He told the Commission that last year he requested a two-year permit but it was declined.

Commissioner Ryan mentioned that last year the Commission was concerned that trucks would be moving earth day and night and causing problems -- removing the material at a slower pace was more desirable. Mr. Jasminski responded that sometimes there is no activity and other days Simscroft is busy trucking out material.

Commissioner Post moved to approve Application #16-19 of Gus Jasminski, Agent; Ensign-Bickford Realty, Owner; for a one-year extension from July 20, 2016 through July 20, 2017 to Application #13-26 of Ensign-Bickford Realty, Owner, for a Special Exception pursuant to Article Ten, Section D, of the Simsbury Zoning Regulations for excavation and removal of earth materials on the property located at 437 Hopmeadow Street (Map F13, Block 103, Lot 005-3), approved on 07/01/2013, with a one-year extension granted July 20, 2015. (to be received 05/02/2016; decision must be rendered by 07/06/2016). The motion was seconded by Commissioner Beinstein and was unanimously approved.

Mr. Jamie Rabbitt said that AvaGrace moved into the former CoCo’s location in the Simsbury Town Shops. Three signs will be replaced: the placard sign next to the main doorway facing Hopmeadow Street; the larger sign above the store front; and the sign that faces Iron Horse Boulevard. All three signs are proposed with raised lettering for the main text and small script in vinyl underneath. He added that Design Review Board gave a favorable recommendation of the signs.

Commissioner Beinstein moved to approve Application #16-20 of Tracy Cloyd, AvaGrace & Co LLC, Agent; Tom Ryan, Simsbury Town Shops LLC, Owner; for a sign permit for AvaGrace & Co LLC on the property located at 926 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zones SC-1, SC-3, and SC-4. (to be received 05/02/2016; decision must be rendered by 07/06/2016). The motion was seconded by Commissioner Post and was unanimously approved.

Mr. Chris Nelson of Landworks/Highcroft Simsbury LLC, said they submitted a site plan modification application based on the Commission’s suggestions at the last meeting. He said the application includes two different entrance signs: "Townhomes" and "Apartment Homes". Mr. Nelson added that Design Review Board has recommended the new designs. Mr. Nelson said the heights of the signs are consistent with other signs and stone walls measured around Powder Forest Homes. They are planning for residents to move in this June.

Commissioner Battos said she is in favor of DRB’s approval.

Commissioner Post moved to approve Application #16-20 of Ron Janeczko, Landworks/Highcroft Simsbury LLC, Owner, for a site plan amendment to amend the PAD site plan for two entry signs on the property located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5) and 275 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-6). Zone PAD. (to be received 05/02/2016; decision must be rendered by 07/06/2016). The motion was seconded by Commissioner Gray and was unanimously approved.

Application #16-19 of Gus Jasminski, Agent; Ensign-Bickford Realty, Owner; for a one-year extension from July 20, 2016 through July 20, 2017 to Application #13-26 of Ensign-Bickford Realty, Owner, for a Special Exception pursuant to Article Ten, Section D, of the Simsbury Zoning Regulations for excavation and removal of earth materials on the property located at 437 Hopmeadow Street (Map F13, Block 103, Lot 005-3), approved on 07/01/2013, with a one-year extension granted July 20, 2015. (to be received 05/02/2016; decision must be rendered by 07/06/2016).

Application #16-20 of Tracy Cloyd, AvaGrace & Co LLC, Agent; Tom Ryan, Simsbury Town Shops LLC, Owner; for a sign permit for AvaGrace & Co LLC on the property located at 926 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zones SC-1, SC-3, and SC-4. (to be received 05/02/2016; decision must be rendered by 07/06/2016).

Application #16-20 of Ron Janeczko, Landworks/Highcroft Simsbury LLC, Owner, for a site plan amendment to amend the PAD site plan for two entry signs on the property located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5) and 275 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-6). Zone PAD. (to be received 05/02/2016; decision must be rendered by 07/06/2016).

Application #16-13 of Chris Nelson and Ron Janeczko, Highcroft Simsbury, LLC, Owners for a sign permit for entry signage at the Highcroft development on the property located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5). Zone PAD. (received 04/04/2016; decision must be rendered by 06/08/2016).

No discussion among the Commission.

Commissioner Gray moved to approve Application #16-13 of Chris Nelson and Ron Janeczko, Highcroft Simsbury, LLC, Owners for a sign permit for entry signage at the Highcroft development on the property located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5). Zone PAD. (received 04/04/2016; decision must be rendered by 06/08/2016). The motion was seconded by Commissioner Post and was unanimously approved.

V. GENERAL COMMISSION BUSINESS

1. Execuitve Session

a. Pending Litigation

Commissioner Ryan said the Executive Session regarding Climax Road will be deferred.

2. Discussion of New and Ongoing Projects

Zoning Regulations revisions: General Discussion

Mr. Rabbitt gave the following summary to the Commission:

The Tariffville Water Tower public hearing is scheduled for the next meeting.

Continue to work on revisions to Zoning Regulations and have weekly meetings with the consultant.

Garden Homes started work on the townhouses. Staff recently received building permits for multi-family units and the club house.

Proposed RFQ to Planning Conservation and Development Commission to revise the POCD. This will allow consultants to bid late May/early June and have a consultant on board in early July. This will allow14 months to revise the POCD.

VI.　　　 ADJOURNMENT

Commissioner Post made a motion to adjourn the meeting at 8:27 pm. Commissioner Gray seconded the motion and it was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk