Zoning Commission Minutes 07/11/2016
ZONING COMMISSION – REGULAR MEETING – 7:00 PM
MINUTES – SUBJECT TO VOTE OF APPROVAL
JULY 11, 2016
I. CALL TO ORDER
Commissioner Dave Ryan called the Regular Meeting for the Zoning Commission to order at 7:00 p.m. on Monday, July 11, 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 and Gerald Post. Others in attendance included Jamie Rabbitt, Director of Planning and Community Development, Mike Glidden, Assistant Town Planner and other interested parties.
II. ROLL CALL
1. Appointment of Alternates:
Commissioner Ryan appointed Commissioner Elliott for Commissioner Peterson.
III. APPROVAL OF MINUTES of the June 20, 2016 Regular Meeting
The minutes dated June 20, 2016 were approved as submitted
IV. APPLICATIONS:
1. Old Business
a. Public Hearings:
i. 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 to 07/11/2016; public hearing must be closed by 08/10/2016 with extension that was granted).
Commissioner Ryan said the applicant requested another extension of the public hearing.
Commissioner Ryan extended the public hearing to July 25, 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 to 07/11/2016; public hearing must be closed by 08/10/2016 with extension that was granted).
ii. Application #16-26 of T.J. Donohue, Agent; Simsbury Land Trust, Owner; for a Special Exception pursuant to Article Ten, Section E, of the Simsbury Zoning Regulations, OFF-STREET PARKING REGULATIONS, for Phase 1 of the parking area on the property located at East Weatogue Street (Assessor’s Map H11, Block 106, Lot 037A). Zones R-40 and R-80. (received 06/06/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
Commissioner Ryan said that Application #16-26 was not approved by the Historic District Commission and extended the public hearing to July 25, 2016. There was no discussion at this time.
Commissioner Gray read the notice into the record and opened the public hearing at 7:03 pm for Application #16-26 of T.J. Donohue, Agent; Simsbury Land Trust, Owner; for a Special Exception pursuant to Article Ten, Section E, of the Simsbury Zoning Regulations, OFF-STREET PARKING REGULATIONS, for Phase 1 of the parking area on the property located at East Weatogue Street (Assessor’s Map H11, Block 106, Lot 037A). Zones R-40 and R-80. (received 06/06/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
iii. Application #16-28 of Frank J. Lucca, Powdermen Spirits Company, LLC, Agent; 1&3 Mill Pond Partners, LLC, 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 1 Mill Pond Lane (Assessor’s Map F11, Block 103, Lot 005-23). Zone I2. (received 06/06/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
Commissioner Ryan said the public hearing is extended to July 25, 2016 due to notification regulations. There was no discussion at this time.
Commissioner Gray read the notice into the record and opened the public hearing at 7:04 pm for Application #16-28 of Frank J. Lucca, Powdermen Spirits Company, LLC, Agent; 1&3 Mill Pond Partners, LLC, 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 1 Mill Pond Lane (Assessor’s Map F11, Block 103, Lot 005-23). Zone I2. (received 06/06/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
iv. 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. (received 06/20/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016)
Commissioner Gray read the notice into the record and opened the public hearing at 7:05 pm 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. (received 06/20/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016)
Mr. Frank Grillo of 152 Turkey Hill Road, East Granby, said he plans to reopen the liquor store formerly known as the Corn Crib. He is requesting a liquor permit for the property.
There was discussion among the Commission members regarding Staff’s comment of no tasting or similar promotional events at the liquor store. Mr. Rabbitt and Mr. Glidden said that the applicant indicated he doesn’t plan to have promotional events. Also, the parking area is too tight to hold promotional events given the mixed use nature of the property.
Mr. Grillo clarified that he plans to hold sample tastings but he won’t promote it as an event.
Ms. Elizabeth Jachym, 11 Ice Pond Road, Granby, said she is supportive of the liquor store reopening.
Mr. Bob Duguay of 11 Nod Brook Road said he doesn’t think the sample tastings will attract a crowed if the applicant doesn’t advertise the events.
The Commission agreed to remove the text from the motion regarding no tasting or special events at the liquor store.
Commissioner Gray moved to close the public hearing at 7:15 pm for Application #16-29 of Frank J. Grillo, Agent. The motion was seconded by Commissioner Beinstein and was unanimously approved.
v. 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. (received 06/20/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
Commissioner Ryan said the applicant requested an extension to July 25, 2016.
Commissioner Gray read the notice into the record and opened the public hearing at 7:16 pm 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. (received 06/20/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
vi. 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. (received 06/20/2016; public hearing set for 07/25/2016; public hearing must be closed by 08/29/2016).
Commissioner Ryan said no additional action is required at this time.
b. Applications (discussion and possible action on):
i. 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 to 07/11/2016; public hearing must be closed by 08/10/2016 with extension that was granted).
No discussion by the Commission.
ii. Application #16-26 of T.J. Donohue, Agent; Simsbury Land Trust, Owner; for a Special Exception pursuant to Article Ten, Section E, of the Simsbury Zoning Regulations, OFF-STREET PARKING REGULATIONS, for Phase 1 of the parking area on the property located at East Weatogue Street (Assessor’s Map H11, Block 106, Lot 037A). Zones R-40 and R-80. (received 06/06/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
Mr. Jamie Rabbit said that the public hearing is continued to July 25, 2016 and no additional action is required at this time.
iii. Application #16-27 to July 25, 2016 of T.J. Donohue, Agent; Simsbury Land Trust, Owner; for a Site Plan Approval for Phase 1 of the parking area on the property located at East Weatogue Street (Assessor’s Map H11, Block 106, Lot 037A). Zones R-40 and R-80. (received 06/06/2016; decision must be rendered by 08/10/2016).
Mr. Jamie Rabbitt said that staff recommended tabling the application.
Commissioner Gray moved to table Application #16-27 to July 25, 2016 of T.J. Donohue, Agent; Simsbury Land Trust, Owner; for a Site Plan Approval for Phase 1 of the parking area on the property located at East Weatogue Street (Assessor’s Map H11, Block 106, Lot 037A). Zones R-40 and R-80. (received 06/06/2016; decision must be rendered by 08/10/2016). The motion was seconded by Commissioner Battos and was unanimously approved.
iv. Application #16-28 of Frank J. Lucca, Powdermen Spirits Company, LLC, Agent; 1&3 Mill Pond Partners, LLC, 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 1 Mill Pond Lane (Assessor’s Map F11, Block 103, Lot 005-23). Zone I2. (received 06/06/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
Public hearing is continued to July 25, 2016. No action was required at this time by the Commission.
v. 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. (received 06/20/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016).
The Commission members reaffirmed removing the text from the motion regarding no tasting or special events at the liquor store.
Commissioner Gray moved to approve 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. (received 06/20/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016). The Special Exception is subject to the following conditions:
(1.) The approval is for a liquor license (2.) Parking spaces shall be re-striped in accordance with the approved site plan (3.) Handicap parking stall shall be re-striped and new sign installed in order to address potential ADA access concerns (4.) Approval is only for liquor license, signage will require separate approvals.
The motion was seconded by Commissioner Beinstein and was unanimously approved.
vi. 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. (received 06/20/2016; decision must be rendered by 08/23/2016).
Mr. Jamie Rabbitt said that DRB gave favorable approval and staff recommends approval of the application with certain conditions. The existing deck is presently in violation. It is recommended to replace the deck with a granite landing (7” x 3’ x 5’) prior to receiving a Certificate of Occupancy.
Commissioner Gray moved to approve 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. (received 06/20/2016; decision must be rendered by 08/23/2016). The Site Plan Amendment is subject to the following conditions:
Prior to the issuance of a Certificate of Occupancy, the applicant shall remove an existing deck located on the easterly side of the existing building (lower level), which is presently in violation of the Town’s Zoning Regulations (side yard setback). The deck may be replaced with a granite step (7”x3’x5’).
The motion was seconded by Commissioner Battos and was unanimously approved.
vii. 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. (received 06/20/2016; public hearing set for 07/11/2016; public hearing must be closed by 08/15/2016). Application is continued for July 25, 2016.
No action needed to be taken by the Commission at this time.
2. New Business
a. Receipt of New Applications:
i. Application #16-33 of Xi Yang, Agent; E and A/I and G Simsbury Commons, L.P., Owner; for a Special Exception pursuant to Article Seven, Section E.6a, of the Simsbury Zoning Regulations for the expansion of a restaurant into existing retail space in a B-3 Zone on the property located at 530 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (to be received 07/11/2016; public hearing must be opened by 09/14/2016).
Mr. Jamie Rabbitt said that staff will work with the applicant to obtain extensions and continue the hearing from July 25, 2016 to September.
Commissioner Gray made a motion to set the public hearing to July 25, 2016 for Application #16-33 of Xi Yang, Agent; E and A/I and G Simsbury Commons, L.P., Owner; for a Special Exception pursuant to Article Seven, Section E.6a, of the Simsbury Zoning Regulations for the expansion of a restaurant into existing retail space in a B-3 Zone on the property located at 530 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (to be received 07/11/2016; public hearing must be opened by 09/14/2016). The motion was seconded by Commissioner Battos and was unanimously approved.
ii. Application #16-34 of Xi Yang, Agent; E and A/I and G Simsbury Commons, L.P., Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a full liquor license on the property located at 530 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (to be received 07/11/2016; public hearing must be opened by 09/14/2016).
Mr. Jamie Rabbitt said that staff will coordinate with applicant to get extensions to have the public hearing in September 2016.
Commissioner Gray made a motion to set the public hearing to July 25, 2016 for Application #16-34 of Xi Yang, Agent; E and A/I and G Simsbury Commons, L.P., Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a full liquor license on the property located at 530 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (to be received 07/11/2016; public hearing must be opened by 09/14/2016). The motion was seconded by Commissioner Beinstein and was unanimously approved.
iii. Application #16-35 to July 25, 2016 of Matt Wittmer, Phase Zero Design, Agent; Mitchell Auto Group, Inc., Owner; for a Site Plan Amendment for changes to the façades on the buildings located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2). Zone B-2. (to be received 07/11/2016; decision must be rendered by 09/14/2016).
Mr. Rabbitt said that the plans from Mitchell Auto Group were just received and the application will be on DRB’s agenda in two weeks.
Mr. Mark Mitchell, President of Mitchell Auto Group gave an informal presentation of plans to change the SAAB showroom and service bay into a “Midas-style” general auto repair facility called Quick Lane. He added that a new concept for the Volvo buildings will be discussed in the future.
Mr. Jamie Rabbitt said the application process for the Volvo dealership is separate even though the original packet given to the Commission shows architectural renderings. He added that three buildings are included in the entire project and the footprint changes slightly for two buildings.
Since DRB has not reviewed the application, the Commission decided to table the application.
Commissioner Gray moved to table Application #16-35 to July 25, 2016 of Matt Wittmer, Phase Zero Design, Agent; Mitchell Auto Group, Inc., Owner; for a Site Plan Amendment for changes to the façades on the buildings located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2). Zone B-2. (to be received 07/11/2016; decision must be rendered by 09/14/2016). The motion was seconded by Commissioner Post and was unanimously approved.
V. GENERAL COMMISSION BUSINESS
1. Preliminary Discussions
a. Development of 32 and 36 Iron Horse Boulevard (Mike Girard and Donald Powers, AIA, Union Studio Architects)
Mr. Mike Girard of Girard Brothers Corporation said the presentation is a preliminary site layout of a unique residential development for 32-36 Iron Horse Boulevard. He introduced Jeremy Lake of Union Studio.
Mr. Jeremy Lake of Union Studio presented residential schemes for 135-156 units consisting of multi-family, apartments, duplex, and single-family detached homes. The main entrance and exit utilizes Pent Road. The designs included porches, sidewalks and pathways connecting the properties to provide a sense of community. Landscaping designs included formal and informal greens.
Mr. Girard added that the buildings consist of apartments or condos and are for sale. He corrected his earlier comment about the property being on a flood plain. Mr. Girard said three acres are flood plain and 10 acres are developed. They will be meeting with the Wetlands Commission soon.
Commissioner Battos recommended more garages and asked about a traffic study. Commissioners Ryan and Gray expressed concern that the demands for residential developments have been met. Commissioner Elliott mentioned to include the historical significance of Pent Road. Commissioner Beinstein is very concerned about the three intersections across the bike path. Commissioner Post commented that the layout offers great walkability.
2. Executive Session
a. Pending Litigation
The Commission did not enter into Executive Session
3. Discussion of New and Ongoing Projects
a. Zoning Regulations revisions: General Discussion
Mr. Jamie Rabbitt said Glen Chalder will be conducting a workshop with the Commission on July 18, 2016. The Commission will look at all residential uses.
VI. ADJOURNMENT
Commissioner Gray made a motion to adjourn the meeting at 9:00 pm. Commissioner Beinstein seconded the motion and it was unanimously approved.
Respectfully Submitted,
Irene Muench, Commissions Clerk