Zoning Commission Minutes 05/20/2019
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES – Subject to Vote of Approval
Monday, May 20, 2019 at 7 P.M.
Simsbury Town Hall – Main Meeting Room
933 Hopmeadow Street, Simsbury, CT
PRESENT: Bruce Elliott, Kevin Gray, Jacqueline Battos, Donna Beinstein, Michael Doyle
ABSENT: Dave Ryan, Thomas Frank, Joseph Campolieta
ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development
Robin Newton, Assistant Town Planer
I. CALL TO ORDER:
Chairman Gray called the meeting to order at 7:00 P.M.
II. ROLL CALL:
1. Appointment of Alternates:
Full Commission, no alternates needed.
Motion: At 7:02 P.M., Ms. Battos made a motion to amend the agenda so that Application #19-25 would be moved to the top of the Agenda. Motion was seconded by Mr. Doyle. Motion passed unanimously, 5-0.
III. APPROVAL OF MINUTES: May 6, 2019 Regular meeting
Motion: Ms. Battos made a motion at 7:04 P.M., to approve the regular meeting minutes from May 6, 2019, with the following changes: Line 54: remove the word plan from the sentence so that it will read “Mr. Elliot and Mr. Gray expressed concerns over the sign not meeting the regulations.” Line 67: add to the end of the sentence “and the applicant agreed.” Ms. Beinstein seconded the motion. Motion passed unanimously 5-0.
IV. PUBLIC HEARINGS:
1. Application #19-22 of Charles D. Houlihan, Jr., Agent; Michael and Jaclyn Robberds, Owners; for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning Regulations for a home occupation allowing for short-term, bed and breakfast rental of the property located at 45 Old Farms Road (Assessor’s Map C09, Block 418, Lot 003). Zone R-40. (public hearing must be closed by 06/24/2019)
Attorney Charles Houlihan, 2 Somerset Lane, Simsbury, presented Application #19-22 to the Commission, on behalf of Jaclyn and Michael Robberds. Attorney Houlihan introduced Ms. Robberds to make a statement to the Commission, in which she spoke to the history of the property and past issues that have been brought to the town regarding the property, and how these issues were addressed with neighbors. Ms. Robberds spoke about her wishes to use the property as a bed and breakfast.
Attorney Houlihan spoke to the Commission about the applicant’s intentions for the property, highlighting the conditions proposed for Special Exception which are as follows:
No improvements to the existing physical structures are being requested and the owners will be in residence on site when the property is rented.
No cooking services will be provided to guests.
There is adequate parking for six guests and their visitors to park in addition to the two spaces reserved for the owners (eight total spaces).
No signage is being requested.
No events to take place on the property.
Attorney Houlihan also noted that there would be no employees, and that the bed and breakfast would offer economic incentive. Prior events and issues were discussed, and Attorney Houlihan explained how the Robberd’s plan to avoid such issues moving forward.
Attorney Brian Smith, Robinson + Cole, 280 Trumbull Street, Hartford, representing the Ad Hoc Committee of Neighbores of 45 Old Farms Road (the “Ad Hoc Committee”) comprised of the following ten individuals: James DeVivo, Kelly DeVivo, Peter Herron, Carrie Herron, James Yablecki, Kay Yablecki, Thomas Finn, Tara Finn, Timothy Zeilman and Corrine Zeilman, all residents of Five Gaits Farm, Simsbury, spoke on behalf of the members of his group and himself, opposing application #19-22.
Attorney Smith had concerns over prior experience of rentals and events at the property, resulting in the zoning enforcement officer issuing a Cease and Desist order dated October 22, 2018, and the lack of compliance with the order. Attorney Smith voiced concerns of impact to the septic system. The Ad Hoc Committee submits that this application does not meet the standards for a Special Exception, and respectfully request that the Commission deny the proposed application for Special Exception and preserve the residential neighborhood character of the community.
Jay DeVivo, 1 Five Gaits Farm, West Simsbury, voiced concerns about parties that have occurred in the past. He spoke about the drugs that were used there, the drunk persons which he had encountered, safety concerns and explained why he did not want the house rented out. He also spoke about concerns of depreciation of property values, the proximity of the applicant’s property to the abutting property belonging to the Land Trust, and safety of the residents. Mr. DeVivo opposes Applications #19-22.
Pete Herron, 5 Five Gaits Farm, West Simsbury, spoke about his concerns regarding the party that took place in the past. He spoke about why his family moved to Simsbury, and his concerns about how granting a Special Exception at 45 Old Farms Road would change the character of the area. He stated that he and his wife, Kerry Herron oppose Application #19-22.
Jerry Hopkins, 40 Old Farms Road, West Simsbury, spoke about his and his wife’s love of the area and why they moved to this area. He voiced concerns about the past party, the traffic issues that ensued and the drugs that were brought into the area. Mr. Hopkins stated that he and his wife are opposed to Applications #19-22.
Regina Landesberg, 278 Old Farms Road, West Simsbury, voiced her concerns about the width of the road, and safety issues with traffic.
Tim Zeilman, 44 Old Farms Road, West Simsbury, opposes Application #19-22. He spoke of concerns about allowing a bed and breakfast in a strictly residential neighborhood. He spoke of the state of the property prior to the applicants owning it, stating that it was not run down and was always a family home. He requested the Commission take into consideration the track record of the applicants, including their poor vetting or prior renters and their disregard for the cease and desist order.
Darlene Case Hopkins, 40 Old Farms Road, West Simsbury, spoke about her history of being a long-time resident of the area. She voiced her concerns of safety and the increased traffic in the area. She requested the Commission consider that traffic is already dangerous and increased traffic in the area will make it worse.
Alan Lieberman, 91 Old Farms Road, West Simsbury, voiced concerns about traffic and the safety of exiting the driveway of the property located at 45 Old Farms Road (particularly in winter months). He also spoke about his opposition to granting the Special Exception for a bed and breakfast, and the expectation that residential properties will remain residential. Mr. Lieberman also noted that the cost to upkeep an older property is not a fair reason to allow commercial property use in a residential area.
Lori Boyko, 15 Oakhurst Road, Simsbury, resident and licensed realtor for twenty five years, voiced concerns regarding granting a Special Exception for this property, due to the need to keep the bucolic feeling in the area, unique to Simsbury. She feels this is why the land trust felt it was so important to take over Tulmeadow Farm, to keep the character of the area. Ms. Boyko also noted that she doesn’t feel renovating is a reason to rent properties for income. She noted that it would drastically change the characteristics of the community and would decrease the property values over the years. Ms. Boyko voiced concerns over water and adequate disposal of sewage, as well as the proximity to wetlands. Lastly, she is concerned about the detriment to neighbors/homeowners.
Matt Taylor, 83 Old Farms Road, West Simsbury, opposes application #19-22, supporting all the statements previously made by others who have spoken before him.
Kelly DeVivo, 1 Five Gaits Farm, West Simsbury, lives within 100 feet of the property for which the application is. Ms. DeVivo expressed concerns regarding safety for her children. She spoke about an incident which occurred with a renter speaking to her child outside. Ms. DeVivo states she would never have purchased her home within 100’ of a bed and breakfast, which brings with it, transient people coming into her yard. She respectfully requests that the Commission not choose to change the status of the property to allow a Special Exceptions for Application #19-22.
Darlene Case Hopkins, 40 Old Farms Road, West Simsbury, wanted the Commission to know that the property directly abuts Wetlands.
Attorney Houlihan, responded to the resident concerns brought up during the public hearing. He discussed the boarding house exception, who would likely be renting the property, prior owner issues that should not be considered as his applicants can not speak to the business that took place before they owned the property and the history of the property. Attorney Houlihan requests that the Commission focus on the contours of the application, that the applicants have learned through experience and are trying to follow the current standards. Traffic concerns were discussed. Attorney Houlihan stated that water pollution control has approved the property in regards to sewage, and CT Valley Health District has received the application. Attorney Houlihan stated that there will be no employees, the footprint will remain the same, the rental will not be constant, only occasional and he does not feel it will change the character of the neighborhood.
Mr. DeVivo, 1 Five Gaits Farm, West Simsbury, readdressed the Commission, questioning what is “occasional?” He stated there is not enough demand for a bed and breakfast, and he feels it does change the look and feel of their little community. He feels it is unfair to the people who bought into that community.
Attorney Smith Robinson readdressed the Commission, questioning the labels and definition of what a boarding house actually is within the Zoning Commission. He spoke about the specifics of Article 7, Section 10a and 10b which discusses the standards, and the need for the applicant to prove a need for this use, and the existing and future character of the neighborhood. Attorney Smith Robinson also discussed 10e concerning traffic, and 10h concerning adequate safeguards. He respectfully asked that the Commission turn down Application #19-22.
Regina Landesberg, 278 Old Farms Road, West Simsbury, readdressed the Commission, discussing parking at other bed and breakfasts and boarding houses in town, and feels the property involved in Application #19-22 is different and much more difficult to exit from. Ms. Landesberg asked that the Commission take motor vehicle safety into consideration.
Jaclyn Robberds, 45 Old Farms Road, West Simsbury, readdressed the Commission, stating that they will always be on site for future rentals. She requested that the Commission take that into consideration when considering the safety of the neighborhood. She wanted to ensure the Commission that the past issues will not be repeated. Also, costs of property improvements were briefly discussed, with Ms. Robberds stating that renting the property helps to offset the costs associated with renovation.
Mr. Doyle asked if Ms. Robberds has taken any courses or classes on being an inn keeper? Ms. Robberds replied that she has not taken any courses or classes on inn keeping but that she has visited many, traveled a lot and her husband has a personal relationship with a B&B owner in Nova Scotia; they speak with him frequently regarding operation and experiences of bed and breakfast ownership.
Ms. Beinstein clarified with the applicant the number of bedrooms in the home and accessory dwelling.
Lori Boyko, 15 Oakhurst Road, Simsbury, expressed concern over traffic for town residents and their safety concerned with people not familiar with the roads. She noted that people are regularly traveling that road to go back and forth with their children for practices and that children are often on that road biking. She noted that it is not just an issue between neighbors, but that it is a town traffic safety issue.
Tim Zeilman, 44 Old Farms Road, West Simsbury, spoke on the history of traffic accidents in the area of the applicant’s property; at least two significant accidents in recent history.
Mr. Elliot suggested that the public hearing for Application #19-22 be left open due to the amount of information (comments and written information) received needing careful consideration. He also noted that there may be residents that were unable to make this meeting, who might like to speak on the application. Chairman Gray suggested that maybe it would give the attorneys a chance to talk as well.
Motion: At 8:19 P.M., Mr. Elliot made a motion to continue the public hearing for Applications #19-22. Motion was seconded by Mr. Doyle. Motion passed unanimously, 5-0.
V. OLD BUSINESS
1. Applications
a. Application #19-21 of T.J. Donohue, Jr., Esq., Agent; McLean Affiliates, Inc., Petitioner; Requirements, of the Simsbury Zoning Regulations regarding Maximum Height Senior Housing. (public hearing scheduled for 06/03/2019)
No action necessary
b. Application #19-22 of Charles D. Houlihan, Jr,. Agent; Michael and Jaclyn Robberds, Owners; for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning Regulations for a home occupation allowing for short-term, bed and breakfast rental of the property located at 45 Old Farms Road (Assessor’s Map C09, Block 418, Lot 003). Zone R-40. (decision must be rendered within 65 days of closing public hearing)
No action necessary, hearing to be kept open.
c. Application #19-23 of Matthew D. Wittmer, Phase Zero Design Inc., Agent; Grove Property Fund-Drake Hill LLC, Owner; for a sign permit for the Drake Hill Mall monument sign on the property located at 710-720 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 00102). Zone SC-1. (decision must be rendered by /10/2019)
Applicant requested application be tabled until next meeting.
Motion: At 8:22 P.M., Mr. Doyle made a motion to table Application #19-23 until the next regularly scheduled meeting. Motion seconded by Ms. Beinstein, motion passed unanimously, 5-0.
d. Application #19-24 of Matthew D. Wittmer, Phase Zero Design Inc., Agent; Grove Property Fund-Drake Hill LLC, Owner; for a sign permit for the Coldwell Banker monument sign and Drake Hill Mall entrance sign on the property located at 700 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001). Zones SC-1 and SC-3. (decision must be rendered by 07/10/2019)
Motion: At 8:22 P.M., Mr. Doyle made a motion to table Application #19-24 until the next regularly scheduled meeting. Motion seconded by Ms. Beinstein, motion passed unanimously, 5-0.
e. Application #19-25 of Patrick Aldrich, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the construction of an 11’x15’ sun shelter at Gifts of Love Farm/Community Farm on the property located at 69 Wolcott Road (Assessor’s Map I02, Block 439, Lot 002). Zone I-1. (decision must be rendered by 07/10/2019).
Patrick Aldrich, a Boy Scout in Troop 175, trying to earn his Eagle Scout, presented Application #19-25 for a Site Plan Amendment for the construction of an 11’x15’ sun shelter at Gifts of Love Farm/Community Farm on the property. Mr. Aldrich summarized the project for the Commission, explaining the details of construction, materials to be used and why he chose this project.
Motion: At 7:07 P.M., Mr. Doyle made a motion to approve Application #19-25 of Patrick Aldrich, Agent; Town of Simsbury, Owner, for a Site Plan Amendment for the construction of an 11’x15’ sun shelter at Gifts of Love Farm/Community Farm on the property located at 69 Wolcott Road. The Site Plan Amendment is subject to the following conditions of approval:
1. An administrative Zoning Compliance Review application is required for the construction of sun shelter.
2. Any modifications to these plans must be brought in front of the Zoning Commission for their approval.
Ms. Battos seconded the motion. Motion passed unanimously, 5-0.
VI. NEW BUSINESS
1. Receipt of New Applications
a. Application #19-26 of Christopher Milliard, Agent; 5Ants, LLC, Owner; for a Site Plan Amendment for façade improvements and addition to existing building on the property located at 1185 Hopmeadow Street (Assessor’s Map I05, Block 412, Lot 001). Zone B-2. (to be received 05/20/2019; decision must be rendered by 07/24/2019).
Christopher Milliard, Phase Zero Design, presented the application to the Commission for Antonio’s new façade. Mr. Milliard showed renderings of plans for the new façade, which include the front of the A-frame being moved forward six feet, a new vestibule with a larger take-out area and the addition of bay windows and outdoor seating in front of Hoops N Hops. Mr. Milliard discussed the plan to update the façade, including materials and colors.
Mr. Glidden advised the Commission that Design Review Board gave a favorable recommendation to Application #19-26. The main concern of Design Review Board was one of the previous designs, which was addressed in a preliminary discussion with the applicant’s agent. Also, Design Review Board suggested the archway color be changed from white to black in order to match the proposed railings of the seating area.
Mr. Elliot asked questions about the sidewalk and Mr. Milliard answered that some modifications will be made to make it more handicapped accessible.
Commission members suggested that the horse be relocated to the side of the A-frame. Mr. Glidden noted that moving the horse to the side of the A-frame would impede ADA accessibility and that the horse height conforms to the building height by three feet.
A brief period of time was given for the Mr. Milliard to confer with the applicant to see
if there might be an alternative site for horse placement.
At 9:07 P.M., parties returned to discuss Application #19-26. The applicant wishes to keep the horse in position, as designed. He feels the placement of the horse goes along with the design inside the restaurant and that it is a nod to historical character of the state. Mr. Milliard reminded the Commission that in two meetings with Design Review Board, there were no concerns with the placement of the horse and that it had no Zoning Compliance issues.
Motion: At 9:09 P.M., Mr. Doyle made a motion to approve Application #19-26 of Christopher Milliard, Agent; 5Ants, LLC, Owner; for Site Plan Amendment for façade improvements and addition to existing building on the property located at 1185 Hopmeadow Street. The Site Plan Amendment is subject to the following conditions of approval:
1. An Administrative Zoning Compliance Review application is required for the façade improvements and addition to the existing building.
2. Any modifications to these plans must be brought in front of the Zoning Commission for their approval.
Mr. Elliot seconded the motion, motion passed, 4-1-0, with Ms. Battos against.
b. Application #19-27 of Steve and Lisa Feldman, Owners, for a Special Exception pursuant to Article Seven, Section M.7.b, for the replacement of an existing, non-conforming accessory structure in the floodplain on the property located at 90 Riverside Road (Assessor’s Map H11, Block 107, Lot 043). Zone R-15. (to be received 05/20/2019; public hearing to be scheduled for 06/03/2019)
No action necessary
c. Application #19-28 of Mark Deming, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the construction of a roof structure attached to the storage barn on the property located at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A). Zones SC-3 and SC-4. (to be received 05/20/2019; decision must be rendered by 07/20/2019)
Mr. Doyle recused himself at 8:55 P.M., as he is on the Board.
Mr. Glidden presented the application for Site Plan Amendment for a roof structure to be attached to the storage barn. The proposed storage structure would be like an open lean to that providing cover for the chairs that would be stored under it. The structure can not be closed as it is in the flood plain and needs to be open. Mr. Glidden noted the chairs will be moved to a different storage location during the off season.
The Commission suggested that staff work with the applicant on a screening plan, possibly louvered shutters or curtains. Ms. Newton suggested walling the front and leaving the sides open with screening alongside the western elevation, in order to make it look more like a lean to shed to match the barn. The Commission wants to see the proposed plan.
At 9:07 P.M., the Commission tabled the application to the next meeting in order to give the applicants time to work with staff on an updated plan.
d. Application #19-29 of Anne Kedala, Owner, for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning Regulation for a home occupation allowing for a hair salon to be run out of the garage on the property located at 12 Colonial Drive, Weatogue (Assessor’s Map F16, Block 121, Lot 112). Zone R-15. (to be received 05/20/2019; public hearing to be scheduled for 06/03/2019)
No action necessary, public hearing scheduled
VII. GENERAL COMMISSION BUSINESS:
1. Correspondence
Ms. Newton advised the Commission that the new formatted regulations will be available in Drop Box tomorrow. She noted that there have been some minor changes in Site Plan and Special Applications, and there will be potential discussion of regulations next meeting. Mr. Glidden advised the Commission that staff is waiting on Glenn Chalder for updated illustrations of regulations. There will be a “cheat sheet” included to show the information added and deleted.
Mr. Glidden noted that next regular meeting, there will be five public hearings and that staff will look for an alternate location due to draw of large crowd. More information to come.
Mr. Glidden advised the Commission that staff is waiting to hear from Attorney DeCrescenzo on questions about ordinances regarding short term rentals.
A brief discussion was had about signage, and the two decisions on what towns can and cannot regulate. Staff will send out information on Connecticut Supreme Court statutes regarding signage, as well as the Federal Court statutes.
III. ADJOURNMENT:
Motion: Chairman Gray made a motion to adjourn the meeting at 9:10 P.M. Motion was seconded by Mr. Doyle. Motion passed unanimously, 5-0.
Submitted by:
Kimberly Rathbun
Commission Clerk