Zoning Commission Minutes 05/15/2017

Town of Simsbury Zoning Commission

Monday May 15, 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, Jackie Battos, Kevin Gray, Donna Beinstein, Michael Doyle, and alternate Thomas Kyzivat.  Director of Planning James Rabbitt, Special Counsel Mike Zizka Esq. and Assistant Town Planner Michael Glidden were also present.

1.            Appointment of Alternates

Chairman Ryan appointed Commissioner Kyzivat to serve for Commissioner Post.

III.           Approval of Minutes – May 2, 2017 Regular Meeting:  The Zoning Commission approved the May 2, 2017 Regular Meeting Minutes as written. 

IV.          Public Hearings:

1.            Application #17-13 of Andrew Quirk, Kratzert, Jones & Associates, Inc., Agent, for a proposed Text Amendment to Article Ten, Section E.3 of the Town of Simsbury Zoning Regulations, to permit the Zoning Commission to reduce the side parking setback by five (5) feet and require additional landscaping

Andrew Quirk of Kratzert, Jones & Associates Inc. presented the proposed text changes to the Commission. Mr. Quirk explained the proposed changes to the Commission and how these would affect an applicant.

Commissioner Beinstein inquired why the applicant did not explore variances with the Zoning Board of Appeals.

J. Rabbitt explained to the Commission the impacts from recent case law as it relates to granting of variances and demonstration of hardship.       

Chairman Ryan asked if there was anyone of the public wishing to speak on this application.

Loiuse Ashow of 1075 Hopmeadow voiced her concern if the standard would result in reduction of buffer to adjacent residential properties.

Mr. Quirk explained that proposed changes would not impact to the screening requirements to adjacent residential properties.

Chairman Ryan asked if there was anyone else of the pubic that wished to speak. No one came forward.

Commissioner Gray made a motion to close the public hearing. The motion was seconded by Commissioner Doyle. The motion passed unanimously. The public hearing closed at 7:20pm.

2.            Application #17-15 of Marshall Epstein, 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 series of one-day events on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40.

Marshall Epstein presented the request for a special exception for a temporary liquor permit for a series of one-day events. Mr. Epstein informed the Commission that this was his 10 year coming before the Commission for these approvals.

Commissioner Doyle inquired whether the conditions of approval worked specifically with the imposition of end time of 11:00pm. Mr. Epstein stated he had no issues.

Chairman Ryan asked if there was anyone in the public who wished to speak regarding this application. No one came forward.

Commissioner Doyle made a motion to close the public hearing. The Motion was seconded by Commissioner Kyzivat.  The motion passed unanimously. The public hearing closed at 7:25pm.

Commissioner Battos made a motion to amend the agenda to review applications 17-13 and 17-15. The motion was seconded by Commissioner Beinstein. The Motion passed unanimously.

Application #17-13 of Andrew Quirk, Kratzert, Jones & Associates, Inc., Agent, for a proposed Text Amendment to Article Ten, Section E.3 of the Town of Simsbury Zoning Regulations, to permit the Zoning Commission to reduce the side parking setback by five (5) feet and require additional landscaping

Commissioner Gray made a motion to approve Application 17-13 for a text amendment to the Simsbury Zoning Regulations with the effective date of June 1st, 2017. Commissioner Kyzivat seconded the motion. The motion passed unanimously.

Application #17-15 of Marshall Epstein, 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 series of one-day events on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40.

Commissioner Doyle made a Motion to approve Application #17-15 of Marshall Epstein, 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 series of one-day events on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003).

The special exception approval is subject to the following conditions of approval:

1.            Special Exception is for a series of 14 one day events scheduled for: June 18, 23; July 1, 6, 16, 28, 29; August 5, 10, 31; September 21, 24; October 8, 23.

2.            All events are to end by 11:00pm

Commissioner Battos seconded the motion. The Motion passed unanimously.

V.            Old Business:

1.            Applications

a.            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, 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. (continued from 05/01/2017; decision must be rendered by 06/07/2017)

T.J. Donahue Esq. provided the Commission an update on the submission for site plan approval for 200 Hopmeadow Street.

Representatives from VHB and River walk Home Owners Association were present to show the Commission proposed off-site landscaping improvements associated with the site plan submission.

J. Rabbitt informed the Commission that staff received the revised plan set Thursday and did not have sufficient time to review plans and determine whether staff comments were fully addressed. Mr. Rabbitt explained that the level of detail which may need to be addressed exceeded what the Commission could delegate to staff.

Attorney Donahue pleaded with the Commission that a 3 week delay would not help the project due to the level of moving parts and other state agency reviews.

J. Rabbitt suggested that a special meeting could be scheduled for the applicant so that a delay could not occur. The dates of May 23, 24, and 30th were offered as potential special meeting dates. Staff would work with the Chairman to schedule an exact date for the special meeting.

Commissioner Kyzivat made a motion to table the application. Commissioner Beinstein seconded the motion. The motion passed unanimously.

b.            Application #17-12 of Landworks/Highcroft Simsbury LLC, Owner; for a Site  Plan Amendment for modifications to a prior approval on the property located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5). Zone PAD. (continued from 05/01/2017; decision must be rendered by 06/21/2017)

Ron Janeczko of Land Works Development presented the commission an update on the status of their plans.

R. Rabbitt informed the Commission that staff received correspondence from the Town Engineer that there was still some outstanding issues with the application. Staff indicated that these issues could be resolved and the application could be acted on at their special meeting.

Commissioner Gray made a motion to table the application to the next meeting. Commissioner Kyzivat seconded the motion. The motion passed unanimously.

c.             Application #17-18 of Kevin Fuselier L.A., Milone & MacBroom, Inc., Applicant; Town of Simsbury, Owner; for Special Exceptions pursuant to Article Seven, Section A.4 (Uses Permitted as a Special Exception in any Zone); Article Seven, Section M (Floodplain Zone); and Article Ten, Section C.1.f (Sign Standards by Zones) of the Town of Simsbury Zoning Regulations in connection with the Town Forest Park improvement project on the property located at 86 Town Forest Road (shown on the Assessor’s Map as West Mountain Road, Map B14, Block 301, Lot 016, the work site being approximately 700 feet northeast from where Nimrod Road meets Town Forest Road). Zone R-40.

M. Glidden informed the Commission that the next two applications needed public hearing dates scheduled.

Commissioner Gray made a motion to schedule a public hearing for June 5, 2017. Commissioner Beinstein seconded the motion. The motion passed unanimously.

d.            Application #17-19 of Kevin Fuselier L.A., Milone & MacBroom, Inc., Applicant; Simsbury Public Schools, Owner; for Special Exceptions pursuant to Article Seven, Section A.4 (Uses Permitted as a Special Exception in any Zone) and Article Seven, Section M (Floodplain Zone) of the Town of Simsbury Zoning Regulations in connection with the reconstruction of tennis courts located at Simsbury High School on the property located at 34 Farms Village Road (Assessor’s Map F11, Block 148, Lot 016). Zone R-40.

Commissioner Kyzivat made a motion to schedule a public hearing for June 5th, 2017 for application 17-19. Commissioner Battos seconded the motion. The motion passed unanimously.

e.            Application #17-20 of Jeremy Vearil, Applicant; Sandra Bourke and Marshall Epstein, Owners; for a Site Plan Amendment to change the location and size of the previously-approved proposed wine production building on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40.

J. Vearil presented to the Commission proposed site plan amendment for 25 East Weatogue (Rosedale Farm Winery). Mr. Vearil explained to the Commission the proposed changes from the previously approved site plan.

J. Rabbitt informed the Commission that Design Review Board tabled action on this application and recommended the Commission should do so. The DRB was looking for revisions to the building elevations and some minor architectural changes to the structure.

Commissioner Kyzivat made a motion to table the application to June 5th. Commissioner Battos seconded the motion. The motion passed unanimously.

f.             Application #17-21 of Landworks/Carson Way LLC, Owner, for a Site Plan Amendment for a modification to the prior site plan approval to include a “tot lot” to be located within the permitted development area east of the Mail Center on the property located on Carson Way, East of the mail center at the entrance from Stratton Brook Road (shown as Assessor’s Map E13, Block 619, Lot 005). Zone CZ

Ron Janeczko of Land Works development presented the site plan amendment application for the construction of a tot lot adjacent to the mail center within the Carson Way development.

J. Rabbitt informed the Commission that staff has not completed their review and that there some issues brought up by the Town Engineer which need to be addressed before the Commission can act on the application. These issues can be resolved and the application could be ready for the Commission’s special meeting.

Commissioner Grey made a motion to table the application until the next meeting. Commissioner Kyzivat seconded the motion. The motion passed unanimously.

VI.          New Business

1.            Receipt of New Applications

Commissioner Doyle made a motion to amend the agenda and add Application 17-22 of Westminster School application for revision to the construction phasing plan. Commissioner Gray seconded the motion. The motion passed unanimously.

M. Glidden informed the Commission that this application has been forwarded to the Conservation Commission for review of the erosion and sediment control plan pursuant to Chapter 128 of the Town Code. The Zoning Commission could not act on theapplication until an approval for the modifications is approved by the Conservation Commission.

Commissioner Gray made a motion to table the application to the next meeting. Commissioner Doyle seconded the motion. The motion passed unanimously.

VII.         General Commission Business:

1.            Discussion of New and Ongoing Projects:

a.            Zoning Regulations revisions

b.            WHOZ Moratorium – General Discussion

c.            

J. Rabbitt reported that there were no new updates for these projects.

VIII.        Adjournment:

Commissioner Doyle moved to adjourn the meeting at 9:25pm. Commissioner Gray seconded.  The vote passed unanimously.

Submitted By:

Michael Glidden CFM CZEO

Assistant Town Planner