Zoning Commission Minutes 06/03/2019

ZONING COMMISSION-REGULAR MEETING

MONDAY, JUNE 3, 2019

SIMSBURY PUBLIC LIBRARY – 7:00 P.M. – PROGRAM ROOM

725 HOPMEADOW STREET, SIMSBURY, CONNECTICUT

I.             CALL TO ORDER-The meeting was called to order by Chairman David Ryan at 7:00pm.

II.            ROLL CALL

1.            Appointment of Alternates-None

Present: David Ryan, Kevin Gray, Bruce Elliott, Jacqueline Battos, Donna Beinstein

Absent: Thomas Frank, Joseph Campolieta, Michael Doyle, Gavin Schwarz

Staff Present: Michael Glidden, Director of Planning and Community Development

Robin Newton, Assistant Town Planner

III.           APPROVAL OF MINUTES of the May 20, 2019, regular meeting

Line 141: Should state within the Zoning Regulations instead of within the Zoning Commission

Line 201: The date listed should include the month. It should state 07/10/2019.

Line 228: The time included in the motion is incorrect (7:07pm). The previous motion was applied at 8:22pm. Line 264 states the time of 9:07. Line 228’s motion should fall within 8:22pm and 9:07pm.

MOTION:

Bruce Elliot made a motion to approve the minutes of the May 20, 2019 regular meeting with the above listed changes. The motion was seconded by Donna Beinstein. The motion pass unanimously (5-0) at 7:03pm.

IV.          PUBLIC HEARINGS

1.            Application #19-21 of T.J. Donohue, Jr., Esq., Agent; McLean Affiliates, Inc., Petitioner; for a Text Amendment to Article Ten, Section K, Table 10 Bulk, Area, and Site Requirements, of the Simsbury Zoning Regulations regarding Maximum Height Senior Housing. (public hearing must be closed by 07/08/2019)

Attorney, T.J. Donohue was present to discuss the proposal for a Text Amendment which will allow additional structure height for a senior campus housing facility where the land is greater than 40 acres. Mr. Donahue stated that Mclean is the second largest employer in Simsbury and the community would be hard-pressed it.

A non-profit consultant for senior living, Eric Dalen, from OnePoint Partners, was present to discuss Mclean Affiliate’s proposal. Dalen stated that he has been working with Mclean for one year and addressed the need Mclean has for a centrally located facility which provides dining, meals on wheels, a fitness center, and housing for seniors.

Thomas Daly, PE | Civil Engineering at MMI - MMI - Milone & MacBroom addressed the Mclean proposal and showed maps of the area. He stated that the only way for the proposed building to be seen is from the golf course. He discussed the balloon test which was deemed to be a very successful study. The study determined the visuals of the building from various locations. 

Mr. Donahue stated that the Planning Commission found the project to be consistent with the POCD.

Jacqueline Battos asked Mr. Donahue about the Planning Commission’s request for there to be affordable housing as a result of the project.

Mr. Donahue stated that he and Mclean plan to address the needs for affordable housing during the site plan presentation.

Mr. Elliott asked about the taxing and assessments for the proposed building. Mr. Donahue stated that this particular site would be taxed as an apartment building.

MOTION: Kevin Gray made a motion to close the public hearing for application #19-21. Ms. Battos seconded the motion. The motion pass unanimously (5-0) at 7:16pm.

2.            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 was present to discuss the proposal for a special exception to allow his clients, Michael and Jaclyn Robberds, to run a bed-and-breakfast at the above listed property. Houlihan stated that his clients are asking for approval to allow 10 guests and up to 6 parking spaces for an occasional bed-and-breakfast business. Houlihan discussed the issues that have been addressed in the past, which included traffic and noise complaints.  Houlihan stated that 6 cars can easily park in the existing driveway of the home. Houlihan handed out photos of the parking area to the Zoning Commission and staff to review. He included photos of the road facing north and south of the driveway which showed no visible obstructions. He added that according to Simsbury Police Department, there have been no accidents at the location for 5+ years. Houlihan also stated that backing out of the driveway will be restricted and signs for guests will be in place.

Bruce Elliot asked owner, Michael Robberds about the parking spaces. Robberds stated that 6 cars can easily park in the driveway. Robberds added that the facility has 4 bedrooms, 3 bathrooms, and it is currently being used for a 2-month rental.

Donna Beinstein asked Robberds if he or other staff are present while there are guests. Robberds stated that he, his wife, or another staff member will be present at all times while there are guests. Robberds added that this is his primary residence.

Bruce Elliot asked Robberds if he was a recipient of one of the 17 letters sent out by the town forbidding short term rentals. He stated that he did receive the letter.

Bruce Elliot asked Robberds how many bed-and-breakfast properties he has. He also discussed the reviews these businesses have.  Robberds stated that he owns 1 other bed-and-breakfast location.

Attorney, Ryan Smith, representative for neighbors located at Five Gaits Farm (a neighboring road across from 45 Old Farms Road), was present to discuss his client’s concerns regarding the bed-and-breakfast proposal. He stated that the application presented by the Robberds is not clearly defined. Smith questioned how the 10-guest rule can be enforced, and he showed concern with the number of visitors who may come to the location who are not considered to be guests.  Smith discussed his clients concerns about traffic, noise, transients, neighboring property values, and safety. Lastly, Smith asked the Zoning Commission to deny the application.

A member of the public, Lori Boyco, was present as well. She stated that she was a realtor in Simsbury for 15 years. She stated that she is concerned that a bed-and-breakfast is a commercial property, and it will be within a residential area. She added that if the commission approves the application, then there will be no control over “what they do there”. She also asked the commission to deny the application.

Peter Herron from 5 Five Gaits Farm was present. He stated that he does not want a commercial property in his neighborhood. He stated that with weddings and graduations, its very difficult “to stop at 10 people”. He added that he doesn’t want to hear parties every other weekend. He asked the commission to deny the application.

Cory Zillman, from 44 Old Farms Road spoke about the previous owners of 45 Old Farms Roads. She stated that each previous owner had a sense of pride in their property.  The home was always portrayed the property as a piece of ‘farmland’. She stated that this all ended when the Robberds moved in and began treating the property as a business.

Bob Finnance, 81 Old Farms Road stated that he understands why the Robberds want to share their property, but he is afraid that his property value will decrease as a result. He asked the Zoning Commission to deny the application.

Ieke Scully, 29 Notch Road was present to discuss her current air bed-and-breakfast in Simsbury. She stated that she enjoys being a host, but fears that denial of the application #19-22 will negatively impact her business.

Tom Finn, 7 Five Gaits Farm stated he resides in a residential community and the Robberds are looking to run a business and bring in transient people “who we know nothing about”. Finn showed concern about having families living in the same area as these transients who may pose a risk.

Attorney Houlihan responded to the public comments by stating that the commission has the authority to stipulate the conditions that take place at 45 Old Farms Road. He added that there is no evidence or facts that conclude a decrease in property values in the area will exist. He stated that the property had commercial ties in the past. He repeated that the Robberds do not want transients living in or trashing their home.

Houlihan continued by stating that the commission should consider a 3-year trial period for the Robberds. 

Bill Sheriffs, 6 Dogwood Lane, stated that the Robberds own the property next to him. The home at 9 Dogwood Lane is rented out as a bed-and-breakfast as well.  Sheriffs stated that there is speeding, drunk driving, and reckless behavior on the weekends. He stated that the application should be denied.

Stephen Sutton, 45 Berkshire Way, addressed the commission by stating that transients do not treat the property in the same way as the residents.  He urged the commission to vote no.

Attorney, Ryan Smith responded to Houlihan by saying that a 3-year trial period is not necessary to determine that there have already been issues at the bed-and-breakfast.

Michael Glidden asked the commission if they had enough documents in order to close the hearing. The commissioners stated that they did.

MOTION: Kevin Gray made a motion to close the public hearing for application #19-22. The motion was seconded by Jacqueline Battos. The motion passed unanimously (5-0) @ 8:20pm.

3.            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. (public hearing must be closed by 07/08/2019)

Jacqueline Battos recused herself at 8:23. She returned at 8:25pm.

Steve Feldman was present to discuss the replacement of an existing structure/garage on his floodplain property. The replacement structure is 12X20. It will be used to house a 1941 Dodge named “Betty.”

MOTION:

Kevin Gray made a motion to close the public hearing for application #19-27.  The motion was seconded by Ms. Battos and passed unanimously (5-0) at 8:30pm.

4.            Application #19-29 of Anne Kedala, Owner, for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning Regulations 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. (public hearing must be closed by 07/08/2019)

Anne Kedala, a hair stylist, is looking to run a one-person salon in her garage. She has 4 children and would like to be close to them while she is working. She will be open 3 days per week, and she is not requesting any signage. She discussed this proposal with her neighbors who are more than supportive of her decision to run her business out of her home.

Neighbors from the community spoke highly of Ms. Kedala during the public hearing.

MOTION:

Kevin Gray made a motion to close the public hearing for application #18-29. The motion was seconded by Donna Beinstein. The motion passed unanimously (5-0) at 8:35pm.

5.            Application #19-30 of Mark Deming, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Seven, Section M.7.b, for the construction of permanent sound towers in the floodplain on the property located at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A). Zones SC-3 and SC-4. (public hearing must be closed by 07/08/2019)

Chair Dave Ryan recused himself for the discussion of application #19-30 at 8:36pm.

A representative for Simsbury Performing Arts Center was present to discuss the proposal for the construction of permanent sound towers. They will be going in the same place as the existing temporary sound towers.

Michael Glidden stated that safety measures and flood plain management are in place.

The power will be underground to the sound towers. There will be a 9’ ladder that locks into place for safety measures.

MOTION:

Jacqueline Battos made a motion to close the public hearing for application #19-30. The motion was seconded by Donna Beinstein. The motion passed unanimously (5-0) at 8:40pm.

Chair Dave Ryan returned at 8:40pm.

V.            OLD BUSINESS

1.            Applications

a.            Application #19-21 of T.J. Donohue, Jr., Esq., Agent; McLean Affiliates, Inc., Petitioner; for a Text Amendment to Article Ten, Section K, Table 10 Bulk, Area, and Site Requirements, of the Simsbury Zoning Regulations regarding Maximum Height Senior Housing. (decision must be rendered within 65 days of closing public hearing)

Michael Glidden suggested a date of July 1, 2019 for the regulation change if the application is approved.

MOTION:

Kevin Gray made a motion to approve application #19-21. The effective date for the text amendment is July 1, 2019. The motion was seconded by Bruce Elliot. The motion passed unanimously (5-0) at 8:44pm.

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)

Robin Newton handed out staff documents and staff standards according to the application.

MOTION:

Chair Jacqueline Battos made a motion to table application #19-22. Kevin Gray seconded the motion. The motion passed unanimously (5-0) at 8:45pm.

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 001-2). Zone SC-1. (decision must be rendered by 07/10/2019)

The applicant has requested that the commission table application #19-23.

MOTION:

Kevin Gray made a motion to table to application #19-23. Donna Beinstein seconded the motion. The motion passed unanimously (5-0) at 8:46pm.

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)

The applicant has requested that the commission table application #19-24.

MOTION:

Kevin Gray made a motion to table to application #19-24. Donna Beinstein seconded the motion. The motion passed unanimously (5-0) at 8:46pm.

e.            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. (decision must be rendered within 65 days of closing public hearing)

MOTION:

Jacqueline Battos made a motion to approve application #19-27.  The motion was seconded by Kevin Gray. The motion passed unanimously (5-0) at 8:51pm.

f.             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. (decision must be rendered by 07/24/2019)

Chair David Ryan recused himself for the discussion of application #19-28 at 8:52pm.

Missy DiNunno was present to discuss the proposal for the construction of the roof structure. The structure would be in place to cover the chairs used for events at Simsbury Performing Arts Center. Ms. DiNunno suggested using soft wood which can be rolled up like tarps to cover the chairs when they are not in use.

Ms. DiNunno stated that she is not certain of the exact type of material or color, but should be resistant to water. She does not have specific design yet.

The commission would like to see more information regarding the design of the materials used.

MOTION:

Kevin Gray made a motion to table application #19-28 until the next meeting. The motion was seconded by Jacqueline Battos. The motion passed unanimously (5-0) at 8:54pm.

Chair David Ryan returned at 8:55pm.

g.            Application #19-29 of Anne Kedala, Owner, for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning Regulations 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. (decision must be rendered within 65 days of closing public hearing)

Michael Glidden and Robin Newton discussed using suggested language if approving the application.

Chair Dave Ryan suggested that taking out the specific timing and days in case they change over time.

MOTION:

Jacqueline Battos made a motion to approve application #19-29. (Conditions: An administrative zoning permit is required. An approval for the operation of the salon is required. An approval for one chair only is required.) The motion was seconded by Kevin Gray. The motion passed unanimously (5-0) at 9:00pm.

VI.          NEW BUSINESS

1.            Receipt of New Applications

a.            Application #19-30 of Mark Deming, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Seven, Section M.7.b, for the construction of permanent sound towers in the floodplain on the property located at 22 Iron Horse Boulevard (Assessor’s Map H09, Block 226, Lot 003A). Zones SC-3 and SC-4. (decision must be rendered within 65 days of closing public hearing)

David Ryan recused himself for the discussion of application #19-30 at 9:00pm.

MOTION:

Jacqueline Battos made a motion to approve application #19-30. (Conditions: Administrative zoning permission is required. Expansion of the limit of site work for the proposed structure requires approval from the zoning commission.)

Donna Beinstein seconded the motion. The motion passed unanimously (5-0) at 9:02pm.

David Ryan returned at 9:02pm.

VII.         GENERAL COMMISSION BUSINESS

1.            Correspondence

A new draft of Zoning Regulations was sent to the commissioners.

Michael Glidden stated that a list of changed regulations will be sent in the next 2 weeks.

VIII.        ADJOURNMENT

MOTION: Kevin Gray made a motion to adjourn the meeting. Donna Beinstein seconded the motion. The motion passed unanimously (5-0) at 9:05pm.

Submitted by

Planning and Conservation Commission Clerk

Tammy Marzucca