Zoning Commission Minutes 05/16/2016

ZONING COMMISSION – REGULAR MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
MAY 16, 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 16, 2016 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were also present: Bruce Elliott, Donna Beinstein, Kevin Gray, Derek Peterson, Jackie Battos and Mike Doyle. Others in attendance included Jamie Rabbitt, Director of Planning and Community Development, Mike Glidden, Assistant Town Planner, and Robert DeCrescenzo, Town Attorney and other interested parties.

II.　　　　 ROLL CALL

Appointment of Alternates:

Commissioner Ryan appointed Commissioner Doyle for Commissioner Post.

III.　　　 APPROVAL OF MINUTES of the May 2, 2016 Regular Meeting

Commissioner Ryan made the following changes:

Page 1, Line 30: The word "and" should read as "an".
Page 8, Line 301: The word "Executive" is misspelled.

Minutes of the Regular Meeting held May 2, 2016 were adopted with changes.

IV.　　　 APPLICATIONS:

Old Business

Ms. Deej MacKay and Sharene Wassell, Co-Chairs of the Drake Hill Flower Bridge, requested a temporary liquor permit for a one-day event. They said it is the fourth or fifth annual fundraiser for the flower bridge.

The Commission didn’t have any questions or comments.

Commissioner Beinstein moved to close the public hearing for Application #16-18 of Ferg Jansen. Commissioner Peterson seconded the motion and it was unanimously approved.

Commissioner Gray moved to amend the agenda to consider application #16-18 of Ferg Jansen. Commissioner Doyle seconded the motion and it was unanimously approved.

Commissioner Beinstein moved to approve 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. (received 04/18/2016; public hearing to be opened 05/16/2016). The liquor permit is for June 15, 2016 (rain date June 16, 2016) from 4:30 pm – 7:00 pm. Commissioner Peterson seconded the motion and it was unanimously approved.

Public Hearings:

Commissioner Ryan said staff received a letter dated May 12, 2016 from Mr. Charles Houlihan, Jr., attorney for the applicant Marc Lubetkin. The letter requested the Zoning Commission to extend the date of the public hearing to the maximum amount of time allowed by law.

Commissioner Ryan moved to table the public hearing to June 6, 2016 at 7:00 pm in the Main Meeting room of the Simsbury Town Offices 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 opened 05/02/2016; public hearing must be closed by 06/06/2016). Commissioner Peterson seconded the motion and it was unanimously approved.

Ms. Shelby Beauchemin, P.E. of Woodard and Curran said the water storage tank in Tariffville was build over 80 years ago. An inspection took place over a year ago and it was decided to build a new tank instead of repairing the existing tank. Once completed, the existing tank will be demolished and the ground filled and seeded. Construction for the new tank is planned for this summer and continues into the fall. A new fence will be installed for security purposes. Ms. Beauchemin said that DEEP is requesting a letter from the Town of Simsbury agreeing to the easement lines.

Mr. Mike Jepeal of the Tariffville Fire District Water Commission described the process of the water being pumped from two wells. A third well is for emergency purposes.

Mr. Stanley Nieman of Tariffville said that when construction work was being done before, there was such heavy traffic that it knocked a picture off his wall. He asked about the amount of construction traffic expected with this project.

Ms. Beauchemin responded to Mr. Nieman’s question. She siad that pick-up trucks will be moving crews morning and evening. Cement trucks will be traveling day to day. The heavy equipment will be brought to the construction site at the beginning of the project and will remain there until completion. Final removal of the tank could take place in December or next spring depending on the approval of the DEEP.

Ms. Wand Coleman of 14 Main Street Extension said she loves the water in town.

Commissioner Gray moved to close the public hearing for Application #16-17 of Shelby Beauchemin, P.E., Woodard and Curran. Commissioner Peterson seconded the motion and it was unanimously approved.

Commissioner Ryan moved to amend the agenda to consider Application #16-17 of Shelby Beauchemin, P.E., Woodard and Curran. Commissioner Peterson seconded the motion and it was unanimously approved.

Commissioner Gray moved to approve 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. (received 04/18/2016; public hearing to be opened 05/16/2016). The special exception approval is subject to the conditions specified in the attached letter from Michael Glidden, Assistant Town Planner dated May 13, 2016, Attachment "A". Commissioner Beinstein seconded the motion and it was unanimously approved.

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 opened 05/02/2016; public hearing must be closed by 06/06/2016)

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. (received 04/18/2016; public hearing to be opened 05/16/2016).

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. (received 04/18/2016; public hearing to be opened 05/16/2016).

Applications (discussion and possible action on):

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 closed 05/02/2016; decision must be rendered by 07/06/2016).

Commissioner Ryan stated that the Town Attorney doesn’t recommend Mr. Pignone’s text amendment according to the letter dated May 16, 2016 from Robert DeCrescenzo.

Commissioner Peterson abstained from voting since he wasn’t present during the public hearings for Application #16-09.

Commissioner Gray moved to approve 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 closed 05/02/2016; decision must be rendered by 07/06/2016). Commissioner Beinstein seconded the motion. Commissioners Gray, Beinstein, Ryan, Battos and Doyle opposed the motion based on comments in Robert DeCrescenzo’s letter dated May 16, 2016. Commissioner Peterson abstained from voting since he wasn’t present during the public hearings. The motion failed 0-5.

New Business

Receipt of New Applications:

Application #16-22 of Thomas E. Frank, Agent; Simsbury ABC Program Inc, Owner, for a site plan amendment for a sign permit for Simsbury ABC House on the property located at 835 Hopmeadow Street (Assessor’s Map G09, Block 202, Lot 014). Zone SC-1. (received 05/02/2016; decision must be rendered by 07/06/2016).

Mr. Thomas Frank summarized the history of the ABC House. It was incorporated in 1973 for African American male teenagers to reside in while attending Simsbury public schools in an effort to prepare for college and complete a college education. Mr. Frank said there has never been a sign on the house or property. He is requesting for a sign on the side yard and on the house. Mr. Frank added that the sign on the house was originally approved by DRB earlier that evening but he wants to change the location. The DRB approved the sign to be located next to a side door that is never used. Mr. Frank would like to have the sign located between two windows further south on the house closer to the back door. Mr. Frank said the back door is always used because parking is located in the back.

Mr. Jamie Rabbitt said that DRB approved the sign in its current form (near the side door, not between two windows). The original location is consistent with DRB guidelines and Simsbury Cultural Code. The sign is very similar to an historical placard and will have carved letters with the appearance of gold leaf.

Commissioner Peterson said that he would like to receive DRB’s approval of the sign between the two windows.

Mr. Jamie Rabbitt suggested that the Commission approves either location based on DRB’s recommendation. He added that typically signs are not located between two windows.

Commissioner Beinstein moved to approved Application #16-22 of Thomas E. Frank, Agent; Simsbury ABC Program Inc, Owner, for a site plan amendment for a sign permit for Simsbury ABC House on the property located at 835 Hopmeadow Street (Assessor’s Map G09, Block 202, Lot 014). Zone SC-1. (received 05/02/2016; decision must be rendered by 07/06/2016). The location of the placard sign is associated with either the right door or left porch door, both on the southern elevation, in addition to the yard sign. Commissioner Peterson seconded the motion and was unanimously approved.

V.　　　 GENERAL COMMISSION BUSINESS

Commissioner Gray moved to go into Executive Session with the following staff to remain: Jamie Rabbitt, Director of Planning and Community Development, Mike Glidden, Assistant Town Planner, and Robert DeCrescenzo, Town Attorney. The motion was seconded by Commissioner Peterson and was unanimously approved.

Commissioner Ryan said the Commission came out of Executive Session at 8:42 pm taking no action.

Executive Session

Pending Litigation

Commissioner Ryan moved to amend the agenda to include 80 Climax Road, pending litigation, Royce Palmer v.s. Town of Simsbury Zoning Commission. Commissioner Peterson seconded the motion and it was unanimously approved.

Discussion of New and Ongoing Projects

Zoning Regulations revisions: General Discussion

Mr. Jamie Rabbitt said that he continues to meet with the consultant on the Zoning Regulations project. They are slowly making progress due to finding more inconsistencies, which takes a little longer than expected. Mr. Rabbitt said he is extending the contract and changing the financial value to accommodate the additional time needed on the project.

VI.　　　 ADJOURNMENT

Commissioner Peterson made a motion to adjourn the meeting at 8:46 pm. Commissioner Gray seconded the motion and it was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk