Zoning Commission Minutes 06/20/2016

ZONING COMMISSION – REGULAR MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
JUNE 20, 2016

I.      CALL TO ORDER

Commissioner Dave Ryan called the Regular Meeting for the Zoning Commission to order at 7:02 p.m. on Monday, June 20, 2016 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Bruce Elliott, Donna Beinstein, Kevin Gray, Jackie Battos, Derek Peterson and Mike Doyle. Others in attendance included Jamie Rabbitt, Director of Planning and Community Development, Mike Glidden, Assistant Town Planner and other interested parties. 

II.     ROLL CALL

Appointment of Alternates:

Commissioner Ryan appointed Commissioner Doyle for Commissioner Post.

III.    APPROVAL OF MINUTES of the June 6, 2016 Regular Meeting

The minutes dated June 6, 2016 were approved as submitted

IV.    APPLICATIONS:

Old BusinessPublic Hearings:
 

Application #16-14 of Marc Lubetkin, Red Stone Pub, Agent; George Markatos, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a series of one-day events to be held on the property located at 10 Jim Gallagher Way (Assessor’s Map G10, Block 227, Lot 001A-RR). Zone SC-3. (public hearing opened 05/02/2016 and continued; continued 07/11/2016; public hearing must be closed by 08/10/2016 with extension that was granted).

Commissioner Ryan requested a motion to table Application #16-14.

Commissioner Peterson moved to table the public hearing to July 11, 2016 for Application #16-14 of Marc Lubetkin, Red Stone Pub, Agent; George Markatos, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a temporary liquor permit for a series of one-day events to be held on the property located at 10 Jim Gallagher Way (Assessor’s Map G10, Block 227, Lot 001A-RR). Zone SC-3. (public hearing opened 05/02/2016 and continued; continued 07/11/2016; public hearing must be closed by 08/10/2016 with extension that was granted). The motion was seconded by Commissioner Gray and was unanimously approved.
 

Applications (discussion and possible action on):

Commissioner Ryan requested a motion to table the Applications listed under section 1, part B until July 11, 2016.   

Commissioner Gray moved to table the public hearings for the following applications to July 11, 2016: Applications #16-14, #16-26, #16-27, #16-28. The motion was seconded by Commissioner Doyle and was unanimously approved.
 

New BusinessReceipt of New Applications:
 

Application #16-29 of Frank J. Grillo, Agent; Vincent Yokabaskas, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a liquor permit on the property located at 1610 Hopmeadow Street (Assessor’s Map H02, Block 402, Lot 007). Zone B1. (to be received 06/20/2016; public hearing must be opened by 08/23/2016)

Commissioner Ryan requested a motion to hold the public hearing on July 11, 2016.

Commissioner Doyle moved to set the public hearing to July 11, 2016 for  Application #16-29 of Frank J. Grillo, Agent; Vincent Yokabaskas, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a liquor permit on the property located at 1610 Hopmeadow Street (Assessor’s Map H02, Block 402, Lot 007). Zone B1. (to be received 06/20/2016; public hearing must be opened by 08/23/201). The motion was seconded by Commissioner Peterson and was unanimously approved.
 

Application #16-30 of Douglas M. Hope, DMD, Agent; The Simsbury Cemetery Association, Inc., Owner; for a Site Plan Amendment for expansion of the finished office space onto the existing porch on the property located at 8 Plank Hill Road (Assessor’s Map G10, Block 202, Lot 018). Zone SC-1. (to be received 06/20/2016; decision must be rendered by 08/23/2016)

Dr. Douglas Hope of 57 Orchard Farm Lane in Avon wants to move his dental office to 8 Plank Hill. He is requesting to convert a portion of the porch into part of the office.  Dr. Hope said the footprint will remain the same. 

Mr. Jamie Rabbit said that Dr. Hope is considering purchasing the property and came before the DRB and Zoning Commission in order to have the zoning permits in order. Mr. Rabbitt said that DRB made a favorable recommendation to the Zoning Commission.  He added that the Simsbury Center Code requires the town engineer to review and approve site development standards. Additional requirements include bike parking spaces and a public notice sign to be displayed on the property.  Mr. Rabbitt said that town staff recommends the application is tabled to July 11, 2016 to allow for these administrative steps to occur.
 
For the record, Mr. Rabbitt submitted a more realistic image of the building as it looks today with the addition of the enclosed porch.  He added that DRB approved the plain farm house style that exists today without introducing new architectural elements which would not be in keeping with the original 1800s design of the house.

Commissioner Elliott asked about existing parking spaces.  Mr. Jamie Rabbit said that Dr. Hope has been corresponding with contacts at the church and cemetery with regards to easement language. The original easement allowed the church to pass through the main aisle of 8 Plank Hill in order to access their property to the north.  However, the easement didn’t allow access to the parking spaces. The new proposed easement will give rights to the church and the property at 8 Plank Hill to access the drive aisle and parking spaces.

Commissioner Ryan requested a motion to table Application #16-30 to July 11, 2016.

Commissioner Peterson moved to table Application #16-30 of Douglas M. Hope, DMD, Agent; The Simsbury Cemetery Association, Inc., Owner; for a Site Plan Amendment for expansion of the finished office space onto the existing porch on the property located at 8 Plank Hill Road (Assessor’s Map G10, Block 202, Lot 018). Zone SC-1. (to be received 06/20/2016; decision must be rendered by 08/23/2016), to July 11, 2016.  The motion was seconded by Commissioner Gray and was unanimously approved.  
 

Application #16-31 of Brian Denno, Denno Land Surveying, Agent; Frank J. Sidoti, Jr., Owner; for a Special Exception pursuant to Article Seven, Section 9, of the Simsbury Zoning Regulations for an accessory dwelling unit above the proposed garage on the property located at 9 Nod Brook Drive (Assessor’s Map C19, Block 510, Lot 044). Zone R-40. (to be received 06/20/2016; public hearing must be opened by 08/23/2016).

Commissioner Ryan requested a motion to set the public hearing to July 11, 2016.

Commissioner Gray moved to set the public hearing to July 11, 2016 for Application #16-31 of Brian Denno, Denno Land Surveying, Agent; Frank J. Sidoti, Jr., Owner; for a Special Exception pursuant to Article Seven, Section 9, of the Simsbury Zoning Regulations for an accessory dwelling unit above the proposed garage on the property located at 9 Nod Brook Drive (Assessor’s Map C19, Block 510, Lot 044). Zone R-40. (to be received 06/20/2016; public hearing must be opened by 08/23/2016). The motion was seconded by Commissioner Beinstein and was unanimously approved.
 

Application #16-32 of Cumberland Farms, Inc., Applicant; Joseph P. Williams, Esq., Shipman & Goodwin LLP, Agent, for Text Amendments to the Simsbury Zoning Regulations in Article Ten, Section C.3.h, and Article Ten, Section C.7.d, to permit owners of certain gasoline filling stations to replace their existing, manually-updated price signs set atop the gas pumps with identically sized LED pump toppers. (to be received 06/20/2016; public hearing must be opened by 08/23/2016)

Mr. Jamie Rabbitt said there are potential notification requirements to the capital region council of government that requires 30-day notice. He added that town staff recommends scheduling the public hearing on July 25, 2016.  Commissioner Ryan requested a motion to hold the public hearing on July 25, 2016. 

Commissioner Gray moved to set the public hearing for to July 25, 2016 for Application #16-32 of Cumberland Farms, Inc., Applicant; Joseph P. Williams, Esq., Shipman & Goodwin LLP, Agent, for Text Amendments to the Simsbury Zoning Regulations in Article Ten, Section C.3.h, and Article Ten, Section C.7.d, to permit owners of certain gasoline filling stations to replace their existing, manually-updated price signs set atop the gas pumps with identically sized LED pump toppers. (to be received 06/20/2016; public hearing must be opened by 08/23/2016). The motion was seconded by Commissioner Battos and was unanimously approved.

Commissioner Peterson asked a question about the lighting on the gas pumps.  Mr. Jamie Rabbitt gave background information about the changes to the lighting that the applicant is considering.  

V.     GENERAL COMMISSION BUSINESS

Executive Session

Pending Litigation

Mr. Jamie Rabbitt said that the Commission doesn’t need to enter into Executive Session at this time.
 

Discussion of New and Ongoing Projects

Zoning Regulations revisions: General Discussion

Mr. Rabbitt said that Glen Chalder is scheduled to visit the Commission on July 11, 12016. He added that due to the amount of public hearings scheduled that evening, there is a possibility to change his visit to July 25, 2016. The primary subject of that meeting is the “use” tables.

VI.    ADJOURNMENT
 

Commissioner Gray made a motion to adjourn the meeting at 7:27 pm. Commissioner Peterson seconded the motion and it was unanimously approved. 

Respectfully Submitted,

Irene Muench, Commissions Clerk