Zoning Commission Minutes 06/17/2019
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES - Subject to Vote of Approval
Monday, June 17, 2019 at 7 P.M.
Simsbury Town Hall - Main Meeting Room
933 Hopmeadow Street, Simsbury, CT
PRESENT: Dave Ryan, Donna Beinstein, Bruce Elliott, Kevin Gray, Mike Doyle, Jackie Battos, Thomas Frank
ABSENT: Joseph Campolieta, Gavin Schwarz
ALSO PRESENT: Michael Glidden, Director of Planning and Community Development
Robin Newton, Assistant Town Planner
CALL TO ORDER: Chairman Ryan called the meeting to order at 7:00 P.M.
I. ROLL CALL: Full Commission, no need to appoint alternates
II. APPROVAL OF MINUTES: March 18, 2019, Regular Meeting
Motion: Mr. Gray made a motion to approve the regular meeting minutes from June 3rd, 2019 at 7:05 P.M. with the following changes:
Line 27: Change pass to passed.
Lines 38, 42, 43, 46 and 55: Correct the Spelling of McLean (capitalize the L)
Lines 81, 89 and 92: Correct the Spelling of Bruce Elliott
Line 82-83: Should read “Robberds added that the facility has 4 bedrooms, 3 bathrooms and the accessory apartment is currently being used for a 2-month rental.”
Lines 95 and 148: Name is listed as Attorney, Ryan Smith. It should be corrected to Attorney Brian Smith.
Line 103: Correct name spelling of Lori Boyko.
Line 114: Correct name spelling of Cory Zeilman and the address at the end of the line should be 45 Old Farms Road.
Line 162: should read “Jacqueline Battos excused herself at 8:23 P.M. She returned at 8:25 P.M.
Line 235: Should read “Jacqueline Battos made a motion to table application
#19-22.” Remove “Chair.”
Mr. Doyle seconded the motion. Motion passed unanimously, (6-0).
III. PUBLIC HEARINGS:
1. None
IV. OLD BUSINESS:
1. Applications
a. Application #19-22 of Charles D. Houlihan, Jr., Agent; Michael and Jaclyn Robberds, 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)
Motion: Mr. Gray made a motion at 7:07 P.M. to approve Application #19-22 of Charles D. Houlihan, Jr., Agent; Michael and Jaclyn Robberds, 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. Subject to the following conditions:
1. An Administrative Zoning Permit is required.
2. No outside guests other than those registered are allowed.
3. There shall be no events or parties associated with the rentals.
4. There shall be only on site parking; parking is limited to six guest cars.
5. The occupancy is limited to 8 guests, this requirement is based on 2 people per available bedroom.
6. No signage is allowed other than a sign indicating guests are not to back out of the driveway.
7. Owners must be on site during rentals.
Motion was seconded by Ms. Beinstein.
The Commission discussed the standards which must be met in order to approve Application #19-22, the first of which was “need.” Ms. Battos does not feel there is a need, she also noted that the other two bed-and-breakfasts are on busier roads (Rt. 167 and Rt.10/202).
Mr. Gray stated that he feels there is a need in town, otherwise it wouldn’t be renting out. He feels the rental offers economic benefit. He suggested regulating through ordinance, not Zoning.
Ms. Beinstein agreed, there should be a way to regulate differently.
Mr. Elliott felt voiced his opinion that there is no compelling use in that location/neighborhood for a bed-and-breakfast.
Next, the Commission discussed “Existing and Future Characteristics of the Neighborhood.” Staff clarified that this standard asks the question “Does it change the character of the neighborhood?” Ms. Battos feels it does, because these properties were meant to be single homes. Mr. Gray noted that if it was managed properly, it would be ok. Traffic is already there because of the other things in that area (orchard, church, etc.). He noted again, that he feels this is not a Zoning issue, but rather an ordinance.
Ms.Beinstein stated that it is a residential area, and they want to commercialize it.
Mr. Elliott felt it would change the characteristics of the neighborhood.
The next standard discussed was “Traffic Circulation/Parking/Traffic Load.
Ms. Battos, Ms. Beinstein, and Mr. Doyle voiced concerns about traffic. Mr. Ryan noted that people staying overnight, not from the area are unfamiliar with the road, and that is concerning. Mr. Gray voiced concerns of 6 cars in the parking lot in addition to the Robberds’ vehicles, and that maybe the amount of cars allowed should be limited. Mr. Elliott stated that he had concerns over the site and access to traffic, as he felt the applicants submitted their application without a required site plan (article 7, section c specifically calls for a site plan).. He felt that this standard could not be adequately evaluated. He used an example of when he asked the applicant “how wide are the parking spaces?” The applicant couldn’t tell the commission that information, therefore Mr. Elliott feels the applications is incomplete.
The next standard discussed was “availability of water to site and disposal.”
Mr. Ryan advised the Commission that Farmington Valley Health District approved this particular subject, both for the house and the accessory apartment.
The next standard discussed was “Location and type of display signs and lighting, loading zone and landscaping.”
Mr. Ryan advised that the only sign that was discussed was a “no backing out of the driveway.” Ms. Battos voiced concerns that the property was due to landscape.
Next the Commission discussed “Safeguards to protect adjacent properties of the neighborhood in general from detriment. Some proposed safeguards were house rules, quiet time at 9 P.M., no outside guests, no events, trial period and limiting the number of overnights.
Mr. Elliott had prepared a draft of his thoughts. He touched on all of the standards, explaining why he feels that approving Application #19-22 will negatively impact the neighborhood, and it will place an undue burden on the neighborhood to police whether the Robberd’s are following their own rules or not.
Ms.Beinstein agrees with Mr. Elliott. She noted that if the application is approved, it shouldn’t require all these rules, she is uncomfortable with the add-ons.
Mr. Elliott again reminded the Commission that he feels the application is incomplete due to the lack of a provided site plan along with the application.
He also called attention to Article 7, Section C-1; reviewing what the Zoning Regulations definition is of a home occupation. Mr. Elliott does not feel that it meets the definition due to the percentages the Robberds are looking to rent.
The regulation provides very clearly Article 7, section b, speak to the area being contained in the building. Mr. Elliott reminded the Commission that the Robberds are putting in a Barbeque area just for the guests, but this is outside, not contained inside the building.
At 7:33 P.M., the Commission voted on Application #19-22. Motion failed unanimously, (0-6).
b. 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 to be rendered by 7/10/2019)
Matthew D. Wittmer, of Phase Zero Design Architects, presented the application for a sign permit for the Drake Hill Mall monument sign. Mr. Wittmer showed a rendering of the proposed sign. It included several different colors, CVS and Peachwave wanted to keep their colors. The other businesses in the mall are in green. Mr. Wittmer’s clients wish to go forward with the monument sign.
Chairman Ryan asked staff what Design Review Board’s recommendation was?
Staff advised the Commission that Design Review Board gave a favorable recommendation to the first design that Mr. Wittmer presented to them. They did not have any issues with the colors or fonts. Design Review Board felt that the branding was important and that the names/logos would get lost in the two color scheme. Design Review Board was more concerned with the landscaping and curvature of the road, and placement of trees.
Ms. Beinstein voiced her opinion that she did not mind the different fonts but that she felt the colors needed to be consistent and uniform. She also voiced concerns that there would be no plan/guideline for future residents.
Staff advised the Commission of the three options they had.
1. The Commission can deny the application because the sign does not conform to Chapter 6 Section 4.7 B1e of the Simsbury Center Form Based Code.
2. The Commission can approve the application as presented and find that the alternative color and fonts as presented is acceptable for the sign pursuant to Chapter 6 Section 4.7 B1e of the Simsbury Center Form Based Code.
3. The Commission can approve the application with the condition that the background of the sign shall be white with all fonts and logos to either be one of the following colors: dark green, maroon or black.
Mr. Wittmer noted that this mall is a major structure in town and they are major taxpayers. He also argued that passers-by can not easily see signage on the buildings. Mr. Wittmer stated that the tenants are not in support of changing the monument sign design anymore than they have already done.
Mr. Gray reminded the Commission that the purpose for signs is for location purposes not advertising.
The Commission discussed which option would best apply to Application #19-23. There were different opinions on interpretation of the verbiage of the options available to the Commission.
Motion: Mr. Gray made a motion at 8:00 P.M. to approve 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, Zone SC-1 with the following conditions:
1. An Administrative zoning permit is required for construction of sign.
2. The background of the sign shall be white with all fonts and logos to either be one of the following colors dark green, maroon or black.
Motion was seconded by Ms. Battos. Motion passed (4-0), with Mr. Doyle and Chairman Ryan opposed.
c. 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, Bloc 227, Lot 001). Zones SC-1 and SC-3. (decision must be rendered by 07/10/2019)
Mr. Wittmer advised the Commission that he and his client wish to respectfully withdraw their application.
d. 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)
Mr. Doyle and Chairman Ryan recused themselves at 8:02 P.M. and left the room.
Bill Clegg, 32 Brook Drive, Simsbury, presented Application #19-28 to the Commission. As Mr. Clegg began describing the tarps and the colors proposed, Ms. Battos clarified that the Commission suggested looking at different material at the last meeting. Mr. Clegg had not been informed that the Commission wanted different materials used, and therefore, Ms. Battos suggested tabling the application until the next meeting so that staff could work with the applicant to review what the Commission had suggested at the last meeting (shutters, curtains, louvered shutters or lattice).
Motion: At 8:14 P.M., Ms. Battos made a motion to table Application #19-28 until the next meeting. Motion was seconded by Ms. Beinstein.
Ferg Jansen spoke on behalf of the application, trying to clarify what the Commission was looking for. He explained the process of moving chairs in and out, airing out wet chairs, and why he is interested in tarps as opposed to any other material. Mr. Jansen spoke about wanting to start this project mid July.
The motion passed unanimously (4-0).
Mr. Doyle and Chairman Ryan returned to the meeting at 8:14 P.M.
V. NEW BUSINESS:
1. Receipt of New Applications
a. Application #19-31 of Patty and Gary Hunter, Agents; Simsbury Town Shops, LLC Owner; for a Sign Permit for additional signage for Board & Brush Creative Studio on the rear of the existing commercial building on the property located at 926 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zones SC-3 and SC-4. (to be received 06/17/2019; decision must be rendered by 08/21/2019)
Staff advised the Commission that Design Review Board reviewed this sign tonight, and gave a favorable recommendation to the Zoning Commission for this application. Staff also advised the Commission that there will be an awning to the left of the door, and the sign will be above another sign over the door. The lighting will remain exactly the same but the sign will go where the current lights are, so they will need to be moved up over the new sign. The applicant has chosen to go with the same colors as the other sign, to maintain a uniform look.
Michael Kosilla, 31 Hillside Drive, Ellington, presented the application to the Zoning Commission. He explained that it is a 2’x6’ sign. He showed renderings of what the sign will look like placed on the building.
Mr. Elliott asked for clarification of where current lighting is and where the new sign and lights will go.
Mr. Gray asked for clarification on color and Mr. Elliott asked if the proposed sign will match the lower sign. Mr. Kosilla answered that the signs will be the same colors.
Staff clarified that the sign meets the size regulations for the building.
Motion: At 8:20 P.M., Mr. Gray made a motion to approve Application # 19-31 for a Sign Permit for additional signage for Board & Brush Creative Studio on the rear of the existing commercial building on the property located at 926 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zones SC-3 and SC-4. (to be received 06/17/2019; decision must be rendered by 08/21/2019).
Mr. Doyle seconded the motion. Motion passed unanimously (6-0).
b. Application #19-32 of Hetal Shah, Applicant; Aquarian Water Company,
Owner; Al Wells, Tighe & Bond, Inc. Agent; for a Special Exception
Pursuant to Article Seven, Section M, for construction in the floodplain of Stratton Brook Centralized Treatment Facility on the property located at 190 Stratton Brook Road (Assessor’s Map D12, Block 151, Lot 008C). Zone R-40. (to be received 06/17/2019; public hearing to be scheduled for 07/01/2019)
No Action Needed.
VI. GENERAL COMMISSION BUSINESS:
1. Correspondence
Mr. Glidden noted that the Floodway Analysis is to be completed in 2021, there has been correspondence from FEMA, Flood Plain Commission hand out.
Ms. Newton handed out the cheat sheets with the old vs. new regulations. Ms. Newton suggested dedicating a whole meeting to concentrate only on the regulations to have a “workshop” in order to go over the changes.
The Commission discussed where the regulations were pulled from. Court cases were discussed. Ms. Newton advised the Commission that definitions were sent to Bob DeCrescenzo, Town Attorney for review, she will follow up with him in the coming week.
The Commission and Staff also reviewed and looked at questions for the Commision regarding Agritourism, definitions and general requirements.
Discussion was also had about the definition of Boarding Houses, Short Term Rentals and Home Occupations Regulations (Updated Proposal). The Commission will plan to revisit Short Term Rentals next regular meeting, and the second meeting Regulations and Ordinances will be discussed in further detail.
Mr. Glidden advised that he’s been approved to purchase tablets for the Commission, so those will be along soon. It should help cut down on paper waste.
VII. ADJOURNMENT:
Motion: Mr. Gray made a motion at 8:49 P.M., to adjourn the meeting. Motion was seconded by Mr. Doyle. Motion passed unanimously (6-0).
Submitted by:
Kimberly Rathbun
Commission Clerk