Zoning Commission Minutes 07/15/2019

SIMSBURY ZONING COMMISSION

TOWN OF SIMSBURY

REGULAR MEETING MINUTES - Subject to Vote of Approval

Monday, July 15, 2019 at 7 P.M.

Simsbury Town Hall - Main Meeting Room

933 Hopmeadow Street, Simsbury, CT

PRESENT:               Dave Ryan, Kevin Gray, Jackie Battos, Bruce Elliott

                                    Donna Beinstein, Gavin Schwarz, Thomas Frank

ABSENT:                  Joseph Campolieta, Michael Doyle

ALSO PRESENT:   Michael Glidden, CFM CZEO, Director of Planning and Community                                                Development

                                    Robin Newton, Assistant Town Planner

CALL TO ORDER:  Chairman Ryan called the meeting to order at 7:03 P.M.

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

            II.         APPROVAL OF MINUTES: July 1, 2019, Regular Meeting

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

            July 1, 2019 at 7:07 P.M. with the following changes:

            Line 22 : Change the date to read June 17, 2019

            Line 61: delete “A brief discussion was had about the new building and whether it would require a site plan amendment.

            Line 116: add “member of the PAC Board” to the end of the sentence.

            Line 130: Remove the word “not.”

            Line 140: Add the title “Code Compliance Officer” behind Ms. Mullen’s name.

            Line 174 and 175: Should read: The commission finds that the applicant and applications have met the standards required for Special Exceptions. The following checklist of standards have been considered: The Commission feels there is a need, the traffic has been improved, character of neighborhood is going to be improved, and better safety through separation.

            Ms. Beinstein seconded the motion. Motion passed unanimously (6-0).

            III.        PUBLIC HEARINGS:        

                        1. Application #19-23 of William and Sandra Selig, Owners, 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. (public hearing must be closed by 08/19/2019)

William Selig, 40 Riverside Road, Simsbury, CT, presented Application #10-33 to the Commission to add an addition across the back of an existing barn on his property. He explained that the purpose of the addition is so that he has a place to store his equipment. In addition, Mr. Selig is looking to construct a new barn in the floodplain on the property up closer to the existing barn as it is higher up on the floodplain and will be less likely to flood. Also, Mr. Selig notes that utilities will be easier to install if it is closer to the existing barn. The purpose for the new barn is for additional animals and farm work.

Mr. Selig explained to the Commission that he intends to utilize breakaway walls on the barn. Mr. Glidden clarified to the Commission how the walls are designed to break away in a flood as the water pressure pushes up against the wall, while the frame remains. He also explained that breakaway walls are recommended by FEMA.

Mr. Glidden noted that there was a letter included with the staff memo from Mr. Ed Lally, Professional Engineer, which stated that there would be no negative impact on environmental issues.

            Motion: At 7:25 P.M., Mr. Gray made a motion to close the public hearing for application #19-33. Motion was seconded by Ms. Battos. Motion passed unanimously (6-0).

            IV.       OLD BUSINESS:

                        1.  Applications

Application #19-33 of William and Sandra Selig, Owners, 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. (decision must be rendered within 65 days of closing of public hearing)

The Commission and staff discussed the documents included with the application, Mr. Glidden noted that the supporting documentation and Site Plan certification from Ed Lally, licensed Professional Engineer provide sufficient evidence in making the determination to approve the application for a Special Exception.

Motion: Mr. Gray made a motion at 7:30 P.M., to approve Application #19-33 of WIlliam and Sandra Selig, Owners, for a Special Exception pursuant to Article Seven, 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.

The Commission finds that the applicant has demonstrated compliance with regulations relating to development within the floodplain zone and the supporting documentation submitted provides sufficient evidence demonstrating compliance (exhibit 2, letter from Ed Lally, PE). The Commission specifically waives the requirement for flood plan, valley cross section and 1000 foot plan in lieu of the report submitted by Ed Lally, Professional Engineer.

Approval of the Special Exception is subject to the following conditions:

                        1.         An administrative zoning compliance review is required for work within the floodplain.

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

                        3.         Final As-Built is required for issuance of certificate of occupancy/completion for the addition and new barn. As-Built drawing is to illustrate horizontal and vertical location for the structures, along with site grading, in order to certify compliance with this approval.

                        4.         The applicant is to provide the Floodplain Manager with certification from Professional Engineer that break away walls were constructed/installed in accordance with Section 60.3 (e) (5) of the National Flood Insurance prior to issuance of certificate of occupancy/completion.

                        5.         Changes to location, elevation, and /or other site improvements associated with addition or barn construction require 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 #19-34 of Thomas J. Roy, PE, Director of Public Works, Agent; Town of Simsbury, Owner; for an addition to the existing Department of Public Works vehicle maintenance and offices building at 66 Town Forest Road, West Simsbury (Assessor’s Map C12, Block 406, Lot 007). Zone R-40. (to be received by 07/15/2019; decision must be    rendered within 65 days of closing public hearing)

            Mr. Thomas Roy, Director of Public Works, Town of Simsbury presented application #19-34 for an addition to an existing building. Mr. Roy explained that it would be an additional 2,000 square feet for a bay to park heavy equipment in and for an expansion of the office area. He explained that the building is currently not functional and that crew leaders that used to work out of their trucks need desks and offices, mechanics need computers, and the addition would help facilitate space for that, modernizing the facility.

Chairman Ryan asked what the additional square footage would be added, Mr. Roy answered that the addition would be 2,200 square feet of additional space (footprint), so it would be 4,400 square feet total.

Motion: At 7:37 P.M., Mr. Gray made a motion to approve Application #19-34 of Thomas J. Roy, PE, Director of Public Works, Agent; Town of Simsbury, Owner; for an addition to the existing Department of Public Works vehicle maintenance and offices building at 66 Town Forest Road, West Simsbury (Assessor’s Map C12, Block 406, Lot 007). Zone R-40.

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

An administrative Zoning Permit is required for the addition

A pre-construction meeting is required with the Zoning Enforcement Officer prior to start of construction activities. Motion was seconded by Ms. Beinstein. Motion passed unanimously (6-0).

Motion: At 7:38 P.M., Ms. Battos made a motion to add the appointment of a new member of Design Review Board to the agenda. Mr. Gray seconded the motion. Motion passed unanimously (6-0).

Chairman Ryan advised the Commission that Polly Rice was recommended by the Republican Town Committee to fill a vacancy on Design Review Board.

Motion: At 7:38 P.M., Mr. Gray made a motion to appoint Polly Rice to the Design Review Board. Motion was seconded by Ms. Battos. Motion passed unanimously (6-0).

Mr. Glidden will check on the term and email the Commission on length of term and when it ends.

Mr. Elliott questioned where the charge is to DRB. Chairman Ryan stated that it is in the Charter. He paraphrased that DRB is supposed to examine the conformance of proposed building to the design guidelines that have been approved for non-residential properties.

            VI.       GENERAL COMMISSION BUSINESS:

                        1. Correspondence - None

The Commission moved to a workshop at 7:40P.M., at which time the Clerk was released.

            VII.      ADJOURNMENT:

            Motion:

            Mr. Gray made a motion at 8:55 P.M. to adjourn the meeting. Motion was seconded by Ms. Beinstein. Motion passed unanimously (6-0).

            Submitted by:

            Kimberly Rathbun

            Commission Clerk