Zoning Commission Minutes 06/18/2018

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, June 18, 2018 at 7:00PM

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

PRESENT:             Dave Ryan, Jackie Battos, Kevin Gray, Bruce Elliott, Michael Doyle, Donna Beinstein    

Alternate Thomas Frank

ABSENT:               Alternate: Joseph Campolieta, Gavin Schwartz

ALSO PRESENT:  Michael Glidden CFM CZEO, Assistant Town Planner 

I. CALL TO ORDER:

Chairman Ryan called the meeting to order at 7:01 PM

II. ROLL CALL:

1.  Appointment of Alternates.

III. APPROVAL OF MINUTES – June 4, 2018 REGULAR MEETING:

MOTION: Mr. Elliott made a motion to approve the meeting minutes from June 4, 2018 as submitted. Mr. Doyle seconded the motion. The motion passed unanimously.

IV. PUBLIC HEARINGS:

1.            Application #18-32 of Curaleaf LLC, Agent; Infinity IV LLC, Owner, for a Special Exception pursuant to Article Seven, Section J.2, of the Town of Simsbury Zoning Regulations for a medical marijuana production facility in the I-1 Restricted Industrial Zone on the property located at 34 Hopmeadow Street (Assessor’s Map E18, Block 117, Lot 001-2). Zone I-1.

Greg Schaan, Executive Director of Curaleaf, presented the application for special exception for relocating the existing medical marijuana production facility at 100 Grist Mill to 34 Hopmeadow Street. Mr. Schaan explained the plan physically move the operation in 2019 however they wanted to secure the appropriate approvals from the town and state in order to meet the target date. He explained that the new location would increase productivity by 40% from the current location. Mr. Schaan mentioned that the move would not require physical expansion of the existing building in order to house the use. All activities will be contained within the existing building footprint.

Chairman Ryan asked members of the Commission whether they had questions of the applicant. Mr. Gray inquired whether soil disposal will be handled the same as at 100 Grist Mill. Mr. Schaan explained that the company would be switching methods to a soilless material which would eliminate this issue.

Mr. Gray asked about deliveries and truck traffic. Mr. Schaan stated there would 2 deliveries a week in vans/box trucks which would pick up product. These exchanges would now occur within the existing enclosed loading dock area. He explained at the current facility these exchanges happen in the parking lot.

Mr. Gray asked about visibility issues are addressed with the interior fit. Mr. Schaan stated that only areas where someone will be able to see into the building will be areas of the office space. Otherwise methods will be used to block or shield visibility of the operation from the exterior.

Mr. Gray asked whether lighting of the property needed to be changed. Mr. Schaan stated a majority of the facility is already adequately lit. There will be some areas where lighting needs to be added to the building in order to improve security visibility.

Ms. Battos asked about landscaping. Mr. Schaan explained there is a mature stand of trees and vegetation. Some landscaping which is immediately next to the building will be removed however majority of the exiting vegetation will remain.

Chairman Ryan asked about employees entrances/exits. Mr. Schaan explained that there is only one area which employees will be able to access the facility. He stated security will be housed adjacent to the location where employees enter the facility.

Chairman Ryan asked if there were members of the public that wish to speak to this application.

Sharon Byron of 17 Crestview spoke against the application.

Nikki Cox spoke in opposition of the application.

Joan Coe 26 Witcomb Drive, spoke in opposition.

Robert Kalechman of Simsbury spoke in opposition

Carol Miller, 16 Deer Park Road spoke in favor of the application.

Chairman Ryan asked whether there were any further questions or comments from the Board or members of the public.

Mr. Gray asked whether Mr. Schaan could clarify the products that are made at the site. Mr. Schaan explained that there are three forms the product is offered, 1) the flower or bud for smoking, 2) oils which are from the flowers, these are used in vape pens for smoking purposes, and 3) oils are manufactured into butter and used for cooking such as cookies or similar baked goods.

Motion: Mr. Gray made a motion to close the public hearing. Mr. Doyle seconded the motion. The motion passed unanimously. The public hearing closed for Application 18-32 at 7:50pm.

V. OLD BUSINESS:

1.            Applications.

a.            Application #18-29 of Gary McCoy, Poyant Signs Inc., Agent; Grove Property Fund LLC, Owner; for a Site Plan Amendment for a Sign Permit for CVS Pharmacy on the property located at 714 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001-2). Zones SC-1 and SC-3.

Mr. McCoy presented the application for replacement signage at 714 Hopmeadow Street for the CVS tenant location. Mr. McCoy stated he was before the Design Review Board earlier and received a favorable recommendation from the Board.

Mr. Elliott requested clarification on what is new and what is an exact replacement for signage.

Motion: Mr. Gray made a motion to approve application 18-29 subject to conditions of approval contained in the staff report. Mr. Doyle seconded the motion. The motion passed unanimously.

b.            Application #18-31 of Allen and Joleen Cramer, Owners, for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 345 West Mountain Road (Assessor’s Map A18, Block 503, Lot 003). Zone R-40.

Chairman Ryan stated this application is scheduled for  a public hearing on July 16, 2018.

Motion: Mr. Gray made a motion to table application 18-31 to July 16, 2018. Mr. Doyle seconded the motion. The motion passed unanimously.

c.             Application #18-32 of Curaleaf LLC, Agent; Infinity IV LLC, Owner, for a Special Exception pursuant to Article Seven, Section J.2, of the Town of Simsbury Zoning Regulations for a medical marijuana production facility in the I-1 Restricted Industrial Zone on the property located at 34 Hopmeadow Street (Assessor’s Map E18, Block 117, Lot 001-2). Zone I-1.

Chairman Ryan asked whether members had any comments or concerns on this matter.

Mr. Elliott stated he was concerned with regards to pollution of the site and asked about status of monitoring wells. Mr. Rabbitt explained that the responsible party of pollution is required to monitor and produce reporting.

Mr. Elliott asked whether the police were coordinated with. Mr. Glidden informed the Commission that he spoke with the Chief of Police and was told there were no public safety concerns which would prevent the commission from acting on the application from the Chief of Police.

Chairman Ryan asked whether any other members had concerns. Mr. Doyle stated he has a personal opinion on the matter however after reviewing the applicable zoning regulations he did not observe an issue which would prevent the granting of the approval.

Mr. Gray stated he reviewed the section dealing with granting of special exceptions and felt there was not a reason why the special exception should not be granted. Mr. Elliott felt the need for the use was not demonstrated.

Motion: Mr. Gray made a motion to approve application 18-32 subject to the following conditions of approval:

1.            An administrative zoning permit is required for change in use.

2.            Approval is for a medical marijuana production facility. Changes to this will require approval by the Zoning Commission.

3.            Signage will only indicate street address. No signage is proposed with company name identification.

4.            Applicant is to notify Planning Office of change of ownership and provide contact information of new leadership.

5. Any new fencing shall be black coated vinyl fencing if required.

Ms. Beinstein seconded the motion. The motion passed (5-1 with Mr. Elliott opposing)

VI. NEW BUSINESS:

1.            Receipt of New Applications

a.            Application #18-33 of True Made LLC, Agent; Simsbury Town Shops, LLC, Owner; for a Site Plan Amendment for new signage for the retail shop True Made on the property located at 924 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zone SC-1.

Motion: Mr. Gray made a motion to table application 18-33 to the July 16, 2018 meeting. Ms. Beinstein seconded the motion. The motion passed unanimously.

b.            Application #18-34 of Shawn Bosco, Agent; Holloways, Inc., Owner; for a Site Plan Amendment for the construction of a greenhouse in the existing pergola footprint at Bosco’s on the property located at 1376 Hopmeadow Street

Mr. Bosco presented his application for a new greenhouse in the area of the existing gazebo at 1376 Hopmeadow Street.

Motion: Ms. Battos made a motion to approve the application subject to the following conditions of approval:

1.            An administrative zoning permit is required for placement of greenhouse.

2.            The Zoning Commission authorizes staff on behalf of them to approve minor modifications to the approved plans such as changes to grading and/or landscaping. Said requests for changes are to be made in writing and approved by Planning Department staff prior to implementation in the field.

Mr. Doyle seconded the motion. The motion passed unanimously.

VII. REFERALS

1.            Referral from Zoning Board of Appeals on ZBA Application #18-02 of Galvin Properties V, LLC, Owner, for a use variance to permit diesel engine repair on the property located at 38 Wolcott Road (Assessor’s Map I03, Block 439, Lot 010). Zone I-1. (public hearing set to open 06/27/2018)

Chairman Ryan stated the Board has been forwarded a referral from the Zoning Board of Appeals for the application of a use variance. Chairman Ryan referenced the staff report prepared by Robin Newton concerning the request.

Motion: Mr. Gray made a motion to advise the Zoning Board of Appeals that the Zoning Commission determined that the application before them (use variance) should be handled as an application for a text amendment and/or zone change verses a use variance which is prohibited by our Zoning Regulations and undermines the legislative authority given to the Zoning Commission under our regulations and state statute Mr. Doyle seconded the motion. The motion passed unanimously.

 VIII. GENERAL COMMISSION BUSINESS:

1.            Correspondence

2.            Preliminary Discussion

3.            Pre-application discussion of 132 Hopmeadow Street – Chris Smith

Attorney Smith discussed with the Commission the preliminary plans for the redevelopment of 132 Hopmeadow Street. Attorney Smith explained the difficulties the current zoning regulations pose to the applicant as it relates to parking and driveway setbacks. They wanted to gage the Commission in a preliminary non-binding setting on the feelings of amending the regulations.

The consensuses of the members were supportive of the concept with the appropriate structure of amendment of the regulations. Attorney Smith explained that he would work with staff and thanked the Commission for their time and consideration.

4.            Zoning Regulations – amendments

a.            General

Mr. Rabbitt did not have an update for the group.

IX. ADJOURNMENT:

MOTION:  Mr. Gray made a motion to adjourn at 8:45pm. Mr. Doyle seconded the motion. The motion passed unanimously.

Submitted by

Michael Glidden CFM CZEO

Assistant Town Planner