Zoning Commission Minutes 06/19/2017
Subject to Approval
Simsbury Zoning Commission
TOWN OF SIMSBURY
REGULAR MEETING MINUTES
Monday, June 19, 2017 at 7:00PM
Simsbury Town Hall – Main Meeting Room
933 Hopmeadow Street, Simsbury, Connecticut
PRESENT: Dave Ryan, Jaqueline Battos, Donna Beinstein, Michael Doyle, Kevin Gray and
Gerald Post, Alternate Tom Kyzivats.
ABSENT: Alternate Vaughan Marecki.
ALSO PRESENT: Assistant Town Planner Michael Glidden.
I. CALL TO ORDER:
Chairman Dave Ryan called the meeting to order at 7:00PM.
II. ROLL CALL:
1. Appointment of Alternates.
As a quorum was achieved through regular members, no appointment of alternates was necessary.
Mr. Glidden was invited to comment regarding a request to add an item to the agenda for comments about a solar project. He explained that there is no live application and normally, comments would be received after an applicant provides a presentation. As no notice was provided to the applicant, Mr. Glidden advised against discussion by the Commission. He reminded commissioners that should an application be filed with the Siting Council, it would be exempt from local regulations and this Commission’s role would be more advisory than regulatory.
III. APPROVAL OF MINUTES – JUNE 5, 2017 REGULAR MEETING:
The June 5, 2017 Regular Meeting Minutes were adopted as submitted.
IV. PUBLIC HEARINGS:
1. Application #17-23 of Howard Spargo, Spargo Construction, Agent; Shadowbrook Farms LLC, Owner; 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 27 Shadowbrook (Map B06, Block 203, Lot 103). Zone R-160.
Howard Spargo of Spargo Construction appeared before the Commission regarding this application. He explained that there is an existing four-car garage attached to the dwelling with separate entrances. Mr. Spargo explained that the new owners are seeking to finish the space above the garage for a future apartment for their autistic daughter. He explained that they are seeking to provide independence but have her nearby. Mr. Spargo noted that packages provided to commissioners regarding this application include an affidavit from his client affirming that they will be living in the space and have no intention of renting it out.
Discussion ensued regarding the owner-occupied requirement for an accessory use. Mr. Glidden noted that what will be reiterated to any subsequent owner is that this is not a two-family rental unit. The Regulations are clear in the requirement that the owner occupies the home and may not rent out both units, according to Mr. Glidden. It was noted that the Affidavit can be filed on the Land Records as an added safeguard to alert subsequent owners of the limitations of the use should the Commission include it as a condition.
The Commission considered each review criteria for a Special Exception, as delineated in Article Seven, Section C.9.
The hearing was open to the public for comment.
Richard Schoenhardt of 7 Pasture Lane spoke in support of the application, particularly accessory apartments, opining that they serve a public good. Mr. Schoenhardt noted that neighborhoods should not be a consideration when reviewing such a proposed use.
MOTION: Mr. Gray, Mr. Doyle second, to close the public hearing in the matter of Application #17-23; unanimously approved.
1. Applications.
a. Application #17-16 of Lisa Natcharian and Chris Milliard, Agents, for a proposed Text Amendment to Section 4.2 (Allowed Use Table) and Section 4.3.3 (Commercial Use Categories) of the Simsbury Center Code to create an additional Allowed Use titled “Small Event Center.”
MOTION: Mr. Gray, Mr. Doyle second, that Application #17-16, approved at the Zoning Commission June 5, 2017 Regular Meeting, should be amended to reflect an effective date of June 23, 2017; unanimously approved.
b. Application #17-23 of Howard Spargo, Spargo Construction, Agent; Shadowbrook Farms LLC, Owner; 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 27 Shadowbrook (Map B06, Block 203, Lot 103). Zone R-160.
MOTION: Mr. Doyle, Ms. Beinstein second, to approve Application #17-23 of Howard Spargo, Spargo Construction, Agent; Shadowbrook Farms LLC, Owner; 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 27 Shadowbrook (Map B06, Block 203, Lot 103). Zone R-160; unanimously approved.
VI. NEW BUSINESS:
1. Receipt of New Applications.
a. Application #17-25 of Graphic Impact Signs, Inc., Agent; Berkshire Bank (16 Albany Turnpike LLC), Owner; for a sign permit for Berkshire Bank the property located at 16 Albany Turnpike (Assessor’s Map A20, Block 503, Lot 001). Zone B-3.
John Renzi of Graphic Impact Signs, Inc. appeared before the Commission regarding this application. He reported that Berkshire Bank has undergone a new logo and identity change, explaining that this location is going to have a lot of new technology at this branch. Mr. Renzi noted the amendment to this application as a result of feedback received from the Design Review Board, explaining that the lane signs that had been proposed to be LED illuminated have been amended to be non-illuminated, aluminum panels similar to the clearance sign.
MOTION: Mr. Doyle, Ms. Beinstein second, to approve Application # Application #17-25 of Graphic Impact Signs, Inc., Agent; Berkshire Bank (16 Albany Turnpike LLC), Owner; for a sign permit for Berkshire Bank the property located at 16 Albany Turnpike (Assessor’s Map A20, Block 503, Lot 001). Zone B-3 subject to the lane signage for ATM, identified as Signs (b and f) on Exhibit 5 be changed to match the design of Sign G (the drive-through clearance sign); unanimously approved.
b. Application #17-26 of Thomas J. Donohue, Jr., Agent; 16 Albany Turnpike LLC, Owner; for a site plan amendment for the landscaping plan on the property located at 16 Albany Turnpike (Assessor’s Map A20, Block 503, Lot 001). Zone B-3.
Attorney Thomas J. Donohue, Jr. appeared before the Commission regarding this application. He explained that while approval was secured for the site plan, a landscape plan had never been submitted. He noted that the site plan had been approved long ago but current staff opined that several plantings reflected in the site plan should be changed out. Staff’s recommendations included swapping boxwood for arborvitae for purposes of screening the dumpster, numbers of plants should be firmed up and four to eight deciduous trees added as well as shrubs. Mr. Glidden confirmed that Mr. Rabbitt had met with Attorney Donohue this evening after having received the landscaping plan Thursday of last week and noted that suggestions by staff included the aforementioned trees as well as understory to the landscaping plan along the frontage of Route 44, Bushy Hill Road, and the western boundary with McDonald’s. Mr. Glidden explained that the conflict between what is currently planted for the dumpster enclosure versus what was approved ought to be added to the site plan. He also relayed the Design Review Board’s request that the new signage, such as any free-standing signs, be shown on the site plan. Attorney Donohue explained that there had been plans to construct a stone wall on the corner of Route 44 and Bushy Hill Road, calling out the Simsbury border as well as the uses within the site such as Hoffman, McDonalds and Berkshire Bank. He noted that if a good design is created, the applicant may return with a proposal for that.
MOTION: Mr. Post, Ms. Battos second, to approve Application #17-26, Site Plan Amendment, subject to the following conditions:
1. Applicant to provide landscaping plan to be reviewed and approved by the Planning Director prior to issuance of a zoning permit with the following changes:
i. Four to eight deciduous trees plus understory along Route 44 and Bushy Hill Road frontage and western border with McDonald’s;
ii. Appropriate screening around the dumpster enclosure; unanimously approved.
c. Application #17-27 of Mark Deming, Agent; Town of Simsbury, Owner; for a site plan amendment for the construction of a ticket booth at the Performing Arts Center on the property located at 22 Iron Horse Boulevard (shown as Assessor’s Map H09, Block 226, Lot 003A and Assessor’s Map H09, Block 226, Lot 004). Zones SC-3 and SC-4.
Noting their membership with the Performing Arts Center Board of Directors, Mr. Ryan and Mr. Doyle recused themselves from consideration of this application and left the meeting room. Mr. Gray assumed the chairman role and seated Mr. Kyzivats for this application.
Mark Deming appeared before the Commission regarding this application. He explained that the proposed location of the ticket booth, indicating on the drawings the precise spot and noted the four parking spaces the booth will assume. Mr. Deming noted that the set of four windows face Iron Horse Boulevard and the entry door will be on the southerly side. Discussion ensued regarding the landscaping. Mr. Glidden noted that while the Design Review Board has provided a favorable recommendation regarding this application, the applicant had failed to post a public informational sign ten (10) days prior. Mr. Glidden advised that approval of this application ought to be continued to the next regular meeting but suggested that questions and/or concerns of commissioners be shared at this meeting.
MOTION: Ms. Beinstein, Mr. Post second, to table Application #17-27 of Mark Deming, Agent; Town of Simsbury, Owner; for a site plan amendment for the construction of a ticket booth at the Performing Arts Center on the property located at 22 Iron Horse Boulevard (shown as Assessor’s Map H09, Block 226, Lot 003A and Assessor’s Map H09, Block 226, Lot 004). Zones SC-3 and SC-4 to the Zoning Commission’s next regular meeting, July 17, 2017 at 7:00PM; Motion passed with Ms. Beinstein, Mr. Post, Mr. Gray, Ms. Battos and Mr. Kyzivats voting aye.
Mr. Ryan and Mr. Doyle returned to the meeting room and resumed their regular member status as commissioners and Mr. Kyzivats resumed his alternate member status as a commissioner.
d. Application #17-28 of Dayana and Paul Boutin, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulations for a personal training space home occupation on the property located at 14 Pond Side Lane, West Simsbury (Assessor’s Map D11, Block 151, Lot 013). Zone R-40.
MOTION: Mr. Gray, Mr. Doyle second, to accept Application #17-28 of Dayana and Paul Boutin, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulations for a personal training space home occupation on the property located at 14 Pond Side Lane, West Simsbury (Assessor’s Map D11, Block 151, Lot 013). Zone R-40 and schedule for public hearing for July 17, 2017 at 7:30PM in the Main Meeting Room at Town Hall; unanimously approved.
e. Application #17-29 of Sheldon Crosby, Agent; Nord E. Christensen, Manager, EAY Properties LLC, Owner; for a site plan amendment for modifications to the existing Meadow Asian Restaurant on the property located at 532 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 027). Zone B-2.
Architect Sheldon Crosby of L’ARC Architects appeared before the Commission regarding this application, accompanied by owner Nord E. Christensen. Mr. Crosby explained that Meadow Asian Restaurant is seeking to add a 489-square-foot bar adjacent to the little bump-out created a couple of years ago for a walk-in cooler. He presented a site plan, noting that there is adequate parking to provide for this addition. Mr. Christensen explained that the complex is full and he is seeking to keep this tenant as he seeks to expand his sushi bar and update the face to what he has operating now.
Mr. Crosby reviewed a rendering of the proposed modifications. Mr. Glidden reviewed the recommendations provided by the Design Review Board.
MOTION: Ms. Battos, Mr. Post second, to approve Application #17-29 of Sheldon Crosby, Agent; Nord E. Christensen, Manger, EAY Properties LLC, Owner; for a site plan amendment for modifications to the existing Meadow Asian Restaurant on the property located at 532 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 027). Zone B-2, subject to the following condition:
1. The relocation of the Blue Rhino sign is to be addressed with the Planning Department; unanimously approved.
VII. GENERAL COMMISSION BUSINESS:
1. Discussion of New and Ongoing Projects.
A. Zoning Regulations revisions: General Discussion.
Mr. Glidden reported that work will continue with the Zoning Regulations revisions.
b. WHOZ moratorium: General Discussion.
As with the revisions to the Zoning Regulations, Mr. Glidden explained that the work with the WHOZ moratorium is ongoing.
IV. ADJOURNMENT:
MOTION: Mr. Gray, Mr. Doyle second, to adjourn at 8:20PM; unanimously approved.
Respectfully submitted,
Pamela A. Colombie
Recording Clerk