Zoning Commission Minutes 07/16/2018

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, July 16, 2018 at 7:00PM

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

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

Alternate: Gavin Schwartz

ABSENT:               Michael Doyle

Alternate: Joseph Campolieta, Thomas Frank

ALSO PRESENT:  Michael Glidden CFM CZEO, Interim Director of Planning

I. CALL TO ORDER:

Chairman Ryan called the meeting to order at 7:01 PM

II. ROLL CALL:

1.            Appointment of Alternates.

Mr. Schwartz was appointed to sit for Mr. Doyle

III. APPROVAL OF MINUTES – June 18, 2018 REGULAR MEETING:

MOTION: Mr. Elliott made a motion to approve the meeting minutes from June 18, 2018 with changes to line 170 and line 184. Mr. Gray seconded the motion. The motion passed unanimously.

IV. PUBLIC HEARINGS:

1.            Application #18-31 of Allen and Joleen Cramer, Owners, 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 345 West Mountain Road (Assessor’s Map A18, Block 503, Lot 003). Zone R-40. (public hearing must be closed by 08/20/2018)

Allen Cramer presented the application for the conversion of an area in the existing residence for purposes of an in-law apartment. He explained the work did not require expansion of the structure.

Mr. Elliott inquired whether the floor plan conformed to design standards. Mr. Glidden noted that total area of the proposed accessory dwelling unit met the standards within the zoning regulations.

Mr. Elliott asked whether a bathroom had to be added to the area. Mr. Cramer indicated that the area already has a bedroom and bathroom set-up. Only the kitchen will be added in order to set-up accessory dwelling unit. 

Chairman Ryan asked whether there were any comments from the public.

Motion: Mr. Gray made a motion to close the public hearing. Ms. Beinstein seconded the motion. The motion passed unanimously. The public hearing closed for Application 18-31 at 7:05pm.

V. OLD BUSINESS:

1.            Applications.

a.            Application #18-31 of Allen and Joleen Cramer, Owners, 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 345 West Mountain Road (Assessor’s Map A18, Block 503, Lot 003). Zone R-40. (public hearing must be closed by 08/20/2018)

Motion: Mr. Gray made a motion to approve application 18-31 subject to the following conditions:

b.            Application #18-33 of True Made LLC, Agent; Simsbury Town Shops, LLC, Owner; for a Site Plan Amendment for new signage for the retail shop True Made on the property located at 924 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zone SC-1. (decision must be rendered by 08/22/2018)

Mr. Glidden informed the Commission that the sign was reviewed by the Design Review Board at their last meeting and received a favorable recommendation. The applicant placed the public informational sign as required by regulations. The proposed sign conformed to the applicable zoning regulations for size and location.

Motion: Ms. Battos made a motion to approve application 18-33 subject to conditions of approval contained within the staff report. Mr. Gray seconded the motion. The motion passed unanimously.

VI. NEW BUSINESS:

1.            Receipt of New Applications

a.            Application #18-35 of Simsbury Grist Mill LLC, Owner, for a Site Plan Amendment for the enclosure of the existing deck at Millwright’s Restaurant, elimination of the existing bridge from the deck to land, and addition of 4 parking spaces on the property located at 75-77 West Street (Assessor’s Map F11, Block 103, Lot 005-21). Zone PAD. (to be received 07/16/2018; decision must be rendered by 09/19/2018)

Chris Nelson of Nelson constructed presented the plans for site plan amendment. The amendment requires the repairs of the existing deck and conversion of the area into a three seasons space, the removal of an existing bridge that connected the deck to the parking area, and the restriping of an area to accommodate the addition of four parking spaces. Mr. Nelson noted that the application was before the Design Review Board and received a favorable recommendation.

Chairman Ryan asked whether any member had any questions for the applicant.

Motion: Mr. Elliott made a motion to approve application 18-35 subject to conditions of approval contained within the staff report. Ms. Battos seconded the motion. The motion passed unanimously.

c.             Application #18-36 of Matthew Wittmer, Phase Zero Design, Inc., Agent; E & A/I & G Simsbury Commons Limited Partnership, Owner; for a Site Plan Amendment for a Sign Permit for Stop & Shop on the property located at 498 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (to be received 07/16/2018; decision must be rendered by 09/19/2018)       

Matt Wittmer presented the application for the installation of new signs at the stop and shop location off Bushy Hill Road. Mr. Wittmer noted that application received a favorable recommendation from the Design Review Board. Mr. Wittmer explained that although the plan indicated that the proposed sign would be internally lit, it is their attention to modify the plan and conform to the zoning regulations with a reverse halo lit sign.

Motion: Ms. Beinstein made a motion to approve application 18-36. Ms. Battos seconded the motion. The motion passed unanimously.

d.            Application #18-37 of Ed Quierolo, Agent; KWT Realty, LLC, Owner; for a Zone Change from I-1 to B-3 on the property located at 225 Hopmeadow Street (Assessor’s Map F16, Block 116, Lot 001-2). Zone I-1. (to be received 07/16/2018; public hearing to be set for 09/17/2018)

Motion: Mr. Elliott made a motion to schedule a public hearing for 09/17/2018 for application 18-37. Mr. Gray seconded the motion. The motion passed unanimously.

Motion: Mr. Elliott made a motion to refer the application to the Planning Commission for comments. Mr. Gray seconded the motion. The motion passed unanimously.

e.            Application #18-38 of Thomas R. Evans and Christopher J. Smith, Esq., Applicants, for a Text Amendment to Article Ten, Section E.3, Off-Street Parking Regulations, regarding the location of parking areas. (to be received 07/16/2018; public hearing to be set for 09/17/2018).

Motion: Mr. Elliott made a motion to schedule a public hearing for 09/17/2018 for application 18-38. Ms. Beinstein seconded the motion. The motion passed unanimously.

Motion: Mr. Elliott made a motion to refer the application to the Planning Commission for comments. Ms. Beinstein seconded the motion. The motion passed unanimously.

VII. REFERALS

1.            Board of Selectmen – Water Shortage Ordinance

Chairman Ryan noted that the Board of Selectmen is seeking input on the proposed ordinance and asked whether any member had comments or questions.

Mr. Elliott voiced his concern as it relates to public notice and enforcement.

Mr. Glidden informed the commission of how the ordinance would work. He noted that the Board of Selectmen is looking for input from boards if the proposed ordinance conflicted with their regulatory powers.

Chairman Ryan stated he did not see conflicts from a zoning perspective. He wanted to stress the importance of public outreach and better outlining of the enforcement procedures.

 VIII. GENERAL COMMISSION BUSINESS:

1.            Correspondence

2.            Preliminary Discussion

3.            Pre-application discussions

a.            Pre-application discussion of Ti-Trikes, Inc. – Kenneth Messier

Ken Messier discussed with Commission that he is working on relocating a portion of his bicycle business that is currently operating out of 34 Hopmeadow Street. He is currently assembling the bikes at 34 Hopmeadow Street that are being sold out of retail space at Andy’s plaza. His intention is to consolidate the business in one location. His issue is that a strict reading of the Center Code may place the assembly activities as light industrial which are not allowed in the zoning district.

Mr. Glidden noted that if the Commission considered this as a separate use than Mr. Messier will be working on a text amendment. However if they do considered this as an independent use then he will relocate the assembly business. Mr. Glidden informed the Commission this was a result of pro-active discussions by staff to help the business find a new location in Simsbury due to approval of the medical marijuana production location at 34 Hopmeadow Street.

The Commission discussed the matter. It was the consensus of the Commission that the proposed assembly was considered consistent with the retail operations and is not considered to be an independent use. Mr. Glidden stated that his office will work with Mr. Messier on administrative zoning permit procedure for the changes.

b.            Pre-application discussion for Text Amendment – Joanne Perry, Gifts of Love

Joanne Perry of Gifts of Love discussed the proposed conversion of the existing barn into private event space. Mr. Glidden noted that the subject property is located within an industrial zoning district and technically the regulations do not call out such a use.

Chairman Ryan asked whether the Attorney General was consulted on whether the proposed activities are considered consistent with the deed restrictions.

Mr. Glidden discussed the issue that the proposal results in an area which would be converted and solely used for private events unlike a restaurant which is open to the general public.

It was the conclusion of the Commission that a text amendment would not be required.

4.            Zoning Regulations – amendments

a.            General

Mr. Glidden noted that staff has worked on completing the re-organization of the existing regulations and wanted to discuss outstanding issues with the members of the sub-committee so that their recommendations could be incorporated.

Mr. Elliott noted that the group did not complete recommendations and further meetings were required. Mr. Glidden noted he was misinformed and asked whether the commission would entertain a special meeting to discuss zoning regulations amendments so that these issues could be resolved.

The Commission scheduled a special meeting to be held on Monday August 6, 2018 at 7:00pm at Simsbury Town Hall. At the meeting the Commission will discuss zoning regulation amendments.

5.            Short-term residential rentals

Mr. Glidden briefed the commission on the current situation. He stated staff is working on potential ordinance and regulations. He explained that the ZEO issued a determination that the use is not allowed under the current regulations to operators of short-term residential rental units in Simsbury. It was consensus of the Commission that they agree with the ZEO’s interpretation and that the subject would be taken up at a later date for potential update.

IX. ADJOURNMENT:

MOTION:  Ms. Battos made a motion to adjourn at 9:00pm. Mr. Gray seconded the motion. The motion passed unanimously.

Submitted by

Michael Glidden CFM CZEO

Interim Director of Planning