Zoning Commission Minutes 07/01/2019

SIMSBURY ZONING COMMISSION

TOWN OF SIMSBURY

REGULAR MEETING MINUTES - Subject to Vote of Approval

Monday, July 1, 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, 

            Jackie Battos, Thomas Frank, Gavin Schwarz

ABSENT:        Joseph Campolieta, Michael Doyle

ALSO PRESENT:    Janell Mullen, Code Compliance Officer

CALL TO ORDER:    Chairman Ryan called the meeting to order at 7:00 P.M.

    I.    ROLL CALL: Chairman Ryan appointed Mr. Schwarz to sit for Mr. Doyle.

    II.    APPROVAL OF MINUTES: June 17, 2019, Regular Meeting

    Motion: Mr. Elliott made a motion to approve the regular meeting minutes from 

    July 1, 2019 at 7:04 P.M. with the following changes:

    Line 19: Change the date to read June 3, 2019.

    Line113: Change the last sentence to read “Ms. Battos voiced concern for the safety of the property due to visibility issues.”

    Line 196: Remove the word either.

    Line 199: Correct the Motion passed to (4-2)

    Mr. Gray seconded the motion. Motion passed unanimously, (6-0).

    III.    PUBLIC HEARINGS:   

        1. Application #19-23 of Hetal Shah, Applicant; Aquarion Water Company, Owner; Al Well, Tighe & Bond, Inc., Agent; for a Special Exception pursuant to Article Seven, Section M, for construction in the floodplain of the 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. (public hearing to be closed by 08/05/2019)

Hetal Shah, Aquarion Water Company, 600 Lindley Street, Bridgeport, CT presented application #19-32 for a Special Exception for construction in the floodplain of the Stratton Brook Centralized Treatment Facility. Ms. Shah explained who Aquarion Water Company serves, the locations of each site, the reasons for construction and how it will benefit the town, employees and company. Ms. Shah explained how the proposed project would create a centralized treatment facility for safer operation, better quality of treatment with less chemical handling, and a better end product. The access road is currently shared by the public and Aquarion, the project proposed would separate the access roads. Ms. Shah submitted a copy of a letter from the state park supervisor, and an affidavit of the sign posted at the site prior to public hearing.

Al Wells, Tighe & Bond, Inc., 213 Court Street, Suite 1100, Middletown, CT, spoke about the access road that is in the floodplain, which needs the Special Exception. Mr. Wells discussed the water wells location, and the proposal to consolidate them. Mr. Wells also explained why Aquarion wants to consolidate, and why it is important to separate the public access and the Aquarion access roads. He stated the goal is to shift the driveway so it doesn’t affect the trail and to create a barrier.

Mr. Gray asked if Aquarion would be coming back for approval of the new building. A brief discussion was had about the new building and whether it would require a site plan amendment.

The Commission reviewed maps of the area, asked for clarification of facility locations and discussed how water is currently transported, and how it would be placed underground leading to the consolidated treatment facility in the future. 

Andrew White, Lead Engineer, Tighe & Bond, 213 Court Street, Middletown, CT discussed current driveway and explained why the driveway needs to be widened. Mr. White discussed the changes that would be made to the site and explained what improvements would be made including work in the floodplain, replacement of the existing culvert, getting the trucks separated from the pedestrian use, and ease of trucks getting into the site. The goal is to widen and to separate access roads and to meet the floodplain guidelines.

    Mr. Gray asked if the driveway would be paved, Mr. White responded that it would be paved and explained how it would meet the Simsbury codes and floodplain guidelines.

    Discussion was had about rain runoff, rain gardens and where that water is dispersed to. 

    Mr. Elliott questioned how noisy the centralized treatment facility will be and if there will be increased traffic and noise. Mr. Wells answered that it will be the same amount of truck traffic, but that it will be to one centralized location. He explained that there will be small metering pump and an aeration system and a well pump. Mr Wells does not feel the noise will increase. 

    Mr. Wells noted that the current well houses would be demolished once the centralized facility is complete.

    Mr. Gray commented that quite a lot of the site will be disturbed, and Mr. Wells agreed. 

    Discussion was also had about the amount of surface area that would be paved, why the driveway was designed with two sides to the driveway as opposed to having one driveway in and out, about how much truck traffic there will be per month, and if there is an increased hazard with trucks entering and exiting.

Mr. Elliott is interested in what the town Engineer had to say about this project.

Ms. Mullen advised the Commission that there is a staff memo provided by Mr. Glidden, but that it does not appear that the Town Engineer submitted any input.

Motion:  At 7:36 P.M., a motion was made by Mr. Gray to close the public hearing. Motion was seconded by Mr. Elliott. Motion passed unanimously (6-0).

    IV.    OLD BUSINESS:

        1.  Applications

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 003 A). Zones SC-3 and SC-4. (decision must be rendered by 07/24/2019)

    Mr. Ryan recused himself at 7:39 P.M., as he is

    Ferg Jensen, 3 Fox Den Road, West Simsbury, spoke on behalf of application #19-28. Mr. Jensen explained the need to protect chairs which would be stored underneath the roof attached to the barn. The applicant is looking for approval  for a canvas that blends in with the decor of the barn. The material is called 

    Ottertex Canvas, which is 100% polyester fabric, waterproof, mold resistant, and UV resistant. 

    Mr. Jensen advised the Commission that a swatch had been ordered, but it did not arrive in time for the meeting. 

    Ms. Beinstein asked if the roll would be rolled inside or outside when it is rolled up. Mr. Jensen advised that it would be rolled inside. He does not feel it will not be needed on the ends, only on the sides.

    Mr. Gray noted that none of these materials are listed on the application. 

    Ms. Battos noted that there are no dimensions, color or material listed on the application. 

    Mr. Elliott noted that there are usually conditions on the draft of suggested motions and that the Commission can add in conditions on any motion made.

    Ms. Mullen suggested that Mr. Jensen provide specific fabric name and color tonight as part of the record. 

Motion: Ms. Beinstein made a motion at 7:47 P.M., to approve 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.

Approval of the Site Plan Amendment is subject to the following conditions of approval:

        1.    An administrative zoning permit is required.

        2.    The area of expansion will be screened along the western elevation of the structure with the following materials as presented by the applicant:

                Roll up polyester canvas (Ottertex), color to match existing barn.

Motion was seconded by Ms. Battos. Motion passed unanimously (5-0).

Chairman Ryan returned to the meeting at 7:48 P.M.

            b. Application #19-32 of Hetal Shah, Applicant; Aquarion Water Company, Owner; Al Well, Tighe & Bond, Inc., Agent; for a Special Exception pursuant to Article Seven, Section M, for construction in the floodplain of the Stratton Brook Centralized Treatment Facility on the property located at 190 Stratton Brook Road (Assessor’s Map D12, Block151, Lot 008C). Zone R-40.(decision must be rendered within 65 days of closing public hearing)

    Motion: Mr. Gray made a motion at 7:50 P.M., to approve Application #19-32 of Hetal Shah, Applicant; Aquarion 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 the Stratton Brook Centralized Treatment Facility on the property located at 190 Stratton Brook Road.

The Commission finds that the applicant has demonstrated compliance concerning regulations relating to development within the floodplain zone.

The approval of the Special Exception is subject to the following condition of approval:

        1.     An administrative zoning permit is required for work within the Floodplain.

        2.     A pre-construction meeting is required with the Zoning Enforcement Officer and Floodplain Administrator prior to the start of site.

        3.    Any expansion beyond the approved limits of filling and grading within the floodplain requires approval from the Zoning Commission.

    Motion was seconded by Ms. Battos. Motion passed unanimously (6-0).

    V.     NEW BUSINESS:

Receipt of New Applications

a. Application #19-33 of William and Sandra Selig, Owner, for a Special Exception pursuant to Article Seven, Section M.7.b, for construction of an addition to an existing barn and construction of a new barn in the Floodplain on the property located at 40 Riverside Road (Assessor’s Map G12, Block 107, Lot 033). Zone R-40. (to be received 07/01/2019; public

Hearing to be scheduled for 07/15/2019)

No Action Needed

Mr. Elliott voiced concern over there being no site plan submitted and the application being incomplete. Ms. Mullen advised that she will let the applicant and Mr. Glidden know, so they can address and ensure the applicant is prepared for the next meeting.

    VI.    GENERAL COMMISSION BUSINESS:

        1. Correspondence - None

        2. Regulations Update -

            Ms. Mullen advised that Ms. Newton and Mr. Glidden plan to discuss Regulations updates further on July 15, 2019. 

            Chairman Ryan noted that Ms. Newton’s updates were conditioned on the town attorney’s response. Short term rentals and home occupation will be discussed further on July 15, 2019.

    VII.     ADJOURNMENT:

    Motion: Mr. Gray made a motion at 7:56 P.M., to adjourn the meeting. Motion was seconded by Ms. Beinstein. Motion passed unanimously (6-0).

    Submitted by:

    Kimberly Rathbun

    Commission Clerk