Zoning Commission Minutes 07/17/2017

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, July 17, 2017 at 7:00PM

Simsbury Town Offices – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

PRESENT:  Dave Ryan, Jaqueline Battos, Donna Beinstein, Michael Doyle, Kevin Gray and

                               Gerald Post, Alternate Tom Kyzivats (7:44PM).

ABSENT:  Alternate Vaughan Marecki.

ALSO PRESENT:  Town Planner Jamie Rabbitt and Assistant Town Planner Michael Glidden.

I. CALL TO ORDER:

Chairman Dave Ryan called the meeting to order at 7:04PM.

II.  ROLL CALL:

1.  Appointment of Alternates.

As a quorum was achieved through regular members, no appointment of alternates was necessary.

MOTION:  Mr. Gray, Mr. Doyle second, to amend the Agenda to add Appointment to the Design Review Board to replace Tony Drapelick under General Commission Business; unanimously approved.

III.  APPROVAL OF MINUTES – JUNE 19, 2017 REGULAR MEETING:

The June 19, 2017 Regular Meeting Minutes were adopted as submitted.

IV.  PUBLIC HEARINGS:

1.   Application #17-28 of Dayana and Paul Boutin, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulations for a personal training space home occupation on the property located at 14 Pond Side Lane, West Simsbury (Assessor’s Map D11, Block 151, Lot 013). Zone R-40.

Dayana Boutin appeared before the Commission regarding this application.  She explained that she provides personal barre training/ballet fitness servicing for less than five people at a time.  Ms. Boutin noted that she has six parking spaces provided as part of her proposal.  Ms. Battos questioned whether the neighbors have received proper notice.  Ms. Boutin confirmed, noting that they are okay with the proposal. 

The hearing was open to the public for comment.

Lisa McLoughlin (no address provided) spoke in favor of the application as both a client and a friend.

Joan Coe of 26 Whitcomb Drive questioned whether the service that is proposed requires the provider to be licensed.  Ms. Boutin indicated that the service is governed through various certifications but not a license. 

MOTION:  Mr. Doyle, Ms. Battos second, to close the public hearing in Application #17-28; unanimously approved.

2.  Application #17-30 of Andrew Quirk, PE, Kratzert, Jones & Assoc. Inc., Agent; Antonios LLC, Owner, for a Special Exception pursuant to Article Seven, Section E.6, of the Town of Simsbury Zoning Regulations to allow for a restaurant in a B-1 zone with a drive-through facility on the property located at 1225-1245, 1261 Hopmeadow Street (Assessor’s Map I05, Block 403, Lot 019). Zone B-2.

Mr. Rabbitt explained that the Design Review Board (DRB) meeting was canceled for this evening and therefore recommended that the public hearing in this matter be continued to after the DRB’s July 24, 2017 Special Meeting.  Andrew Quirk, PE appeared before the Commission regarding this application.  Mr. Quirk explained that this application involves the relocation of a Dunkin Donuts facility, just to the south of Ely Road on Hopmeadow Street.  Noting that the present site is entirely paved or covered with building area, Mr. Quirk pointed out the new proposed site introduces a number of landscaped areas, more defined parking, access, and better circulation and traffic queuing than the present Dunkin Donuts site.  He noted on the drawings the location of the new 1900 square-foot building along with the ten-car que as required.  The entire site will have a one-way circulation to avoid traffic conflicts within the site, according to Mr. Quirk.  The location of the nineteen parking spaces, with five spaces adjacent to the building and fourteen spaces along the north boundary, were pointed out.  A dedicated bypass and exit lane around the site, as well as an interconnection within the site, was also note for commissioners. 

Mr. Quirk discussed the proposed landscaping, noting that while 66% of the site is impervious, and the amount will decrease to 60% for the entire 3.5 acres.  He noted that the applicant is seeking a five-foot change to the fifteen-foot setback as it will provide a more efficient layout for parking. Mr. Quirk reported that the hours of operation will be the same as are in effect currently, 5:00AM to 9:00PM.

Regarding the Special Exception portion of the application, Mr. Quirk reviewed the standards outlined in the Zoning Regulations Article 7, Section C.10.

The hearing was open to the public for comment.

Robert Kalechman of 971 Hopmeadow Street questioned how a business moving from one location to another location benefits the town economically.

Kristen Barnett of 15 Ox Yoke Drive, noting that she chairs the Economic Development Committee, spoke in favor of the application noting that it will serve to grow the grand list.

Mr. Quirk suggested that the applicant submit a request for extension regarding the public hearing.

MOTION:  Mr. Doyle, Ms. Battos second, to continue the Public Hearing on Application #17-30 until the August 7, 2017 Special Meeting, to be held at 7:00PM in the Main Meeting Room at Simsbury Town Offices; unanimously approved.

3.  Application #17-32 Malica Gjonbalaj, BMG Properties LLC, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations to change from a beer and wine liquor permit to a full liquor license at Benny’s on the property located at 562 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1.

Malica Gjobalaj appeared before the Commission regarding this application.  He explained that he is seeking to obtain a full liquor permit for both inside and outside his restaurant.  Mr. Gjobalaj explained that he is not proposing a bar for outside, only that liquor will be allowed to be served outside.  He noted that the outdoor seating area is in a defined location.

MOTION:  Mr. Doyle, Ms. Beinstein second, to close the Public Hearing for Application #17-32; unanimously approved.

4.  Application #17-33 of Marek L. Kement, P.E., L.S., Anchor Engineering Services, Inc., Agent; Wolf Restaurant, LLC, Owner; for a Special Exception pursuant to Article Seven, Section M, of the Town of Simsbury Zoning Regulations for development in a floodplain zone for the construction of an addition to Abigail’s Restaurant on the property located at 4 Hartford Road (Assessor’s Map G15, Block 145, Lot 001). Zone B-1.

Mr. Rabbit reminded the Commission that this application is also subject to design review and therefore recommended that the public hearing in this matter be continued to after the DRB’s July 24, 2017 Special Meeting.  Mr. Rabbitt also confirmed that a request for an extension on this application has been received from the applicant. 

Marek L. Kement, P.E., L.S., Anchor Engineering Services, Inc., accompanied by the property owner and his architect, appeared before the Commission regarding this application.   He explained that a corner of the proposed addition to Abigail’s Restaurant encroaches into the one-hundred year floodplain.  Mr. Kement report that the floodplain contour was at 160’ and that the one-hundred sixty square foot proposed addition will be at the same level as the existing restaurant 164.7’.  Mr. Kement explained that the addition is needed for added restrooms. 

The hearing was open to the public for comment.

Robert Kalechman of 971 Hopmeadow Street shared concerns regarding the removal of human waste resulting from this proposal.  Mr. Kement reported that the building has access to public water and sewer and that the Water Pollution Control Authority has been contacted with respect to the application.

MOTION: Mr. Gray, Mr. Doyle second, to continue the Public Hearing on Application #17-33 until the August 7, 2017 Special Meeting to be held at 7:00PM in the Main Meeting Room at Simsbury Town Offices; unanimously approved.

5.  Application #17-35 of Chip Knierim, Agent, for proposed Text Amendments to Article Five, Section B.1.c, (Temporary Uses) of the Town of Simsbury Zoning Regulations: Temporary camping, including both tent and recreational vehicles, may be permitted for no more than 3 consecutive nights on Town of Simsbury Owned property. Provided that the organization is granted permission by the Board of Selectmen and applies for a public gathering permit from the Town of Simsbury; and Article Six, Section C, of the Town of Simsbury Zoning Regulations to add the following language after Trailer camps: Unless expressly permitted elsewhere in these regulations on a temporary basis.

Noting their membership with the Performing Arts Center Board of Directors, Mr. Ryan and Mr. Doyle recused themselves from consideration of this application and left the meeting room.  Mr. Gray assumed the chairman role and seated Mr. Kyzivats for this application.

Chip Knierim appeared before the Commission regarding this application.  He explained that currently the Zoning Regulations do not permit camping on Town-owned property even though it has been occurring for a number of years by Boy Scouts and those involved with the marathon event.  Mr. Knierim explained that a promoter for a jazz festival scheduled for the Performing Arts Center has been marketing camping as part of the concert festival this year.  He also relayed that the Planning Commission failed to pass a motion for a positive referral.  Larry Kiel of 35 Minister Brook Drive, a representative from Two Left Feet, explained the history behind the jazz festival.  Mr. Kiel reported that the PAC has only received two applications for camping as part of the three-day festival so far, noting that they are at six weeks out from the event.  He shared some of the rules to be imposed as part of the proposed camping for the PAC’s event including prohibiting pets, imposing quiet times for children to return to camp sites, prohibiting wood for fires being brought to the site, no firearms, no fireworks, no public intoxication and no drug use.

Mr. Gray reminded all those present that the application is for a text amendment and not for a particular event.  He noted that should the text amendment application be approved, the particulars of the PAC proposal would be presented as part of a public-gathering permit. 

Tom Deegan, identifying as one of the festival’s promoters, also spoke in favor of the text amendment application, citing the success of other jazz festivals in the area and across the country.

Mr. Rabbitt explained the review process involved with a public gathering permit.  Among the parties that review those applications include the Planning Department, the Fire Marshal, the Police, the health district, EMS and the Board of Selectmen, according to Mr. Rabbitt.

The hearing was open to the public for comment.

Joan Coe of 26 Whitcomb Drive provided a copy of a memo from Police Chief Peter Ingervetsen indicating that he had problems with limited man power to handle RVs.   Ms. Coe spoke in opposition to the application, specifically the PAC providing opportunity for camping at the upcoming jazz festival.

Robert Kalechman of 971 Hopmeadow Street spoke in opposition to the application, specifically against the PAC providing opportunity for camping.

MOTION: Ms. Battos, Mr. Post second, to close the Public Hearing in Application#17-35; unanimously approved.

V.  OLD BUSINESS:

1.  Application #17-27 of Mark Deming, Agent; Town of Simsbury, Owner; for a site plan amendment for the construction of a ticket booth at the Performing Arts Center on the property located at 22 Iron Horse Boulevard (shown as Assessor’s Map H09, Block 226, Lot 003A and Assessor’s Map H09, Block 226, Lot 004). Zones SC-3 and SC-4.

MOTION:  Ms. Battos, Ms. Beinstein second, to approve Application #17-27 of Mark Deming, Agent; Town of Simsbury, Owner; for a site plan amendment for the construction of a ticket booth at the Performing Arts Center on the property located at 22 Iron Horse Boulevard (shown as Assessor’s Map H09, Block 226, Lot 003A and Assessor’s Map H09, Block 226, Lot 004). Zones SC-3 and SC-4.  The site plan amendment is subject to the following conditions of approval:

1. A pre-construction meeting is required before the start of site work;

2.  An administrative Zoning Permit is required;

3.  Minor field adjustments to grading and landscaping may be based on field conditions upon written approval from the Town Planner who has been given the authority on behalf of the town Zoning Commission to act on their behalf; Motion passed with Ms. Battos, Ms. Beinstein, Mr. Gray, Mr. Post, and Mr. Kyzivats voting aye while Mr. Ryan and Mr. Doyle abstained.

Mr. Ryan and Mr. Doyle returned to the meeting room and resumed their regular member status as commissioners and Mr. Kyzivats resumed his alternate member status as a commissioner.

2.  Application #17-28 of Dayana and Paul Boutin, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulations for a personal training space home occupation on the property located at 14 Pond Side Lane, West Simsbury (Assessor’s Map D11, Block 151, Lot 013). Zone R-40.

Mr. Gray expressed concern with allowing a business in a residential neighborhood servicing as many as five people at a time, noting that when this commission has granted similar approvals in the past, it was for only one client or customer at a time.  Ms. Battos noted that neighbors of the applicant were provided notice and that one had provided positive testimony at this meeting.  She noted that no opposition was present.  Mr. Doyle noted that the driveway appears to be able to handle the added cars.

MOTION:  Mr. Doyle, Ms. Beinstein second, to approve Application #17-28 of Dayana and Paul Boutin, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulations for a personal training space home occupation on the property located at 14 Pond Side Lane, West Simsbury (Assessor’s Map D11, Block 151, Lot 013). Zone R-40.  Special Exception Approval is subject to the following special conditions of approval:

1.   Administrative Zoning Permit is required;

2.  The business hours of the operation are limited to Monday through Friday, from 5:00PM to 8:00PM;

3.  Training sessions will not have more than five participants enrolled during each individual session;

4.  Training sessions will not overlap starting and ending times;

5.  The total area of residence which will be devoted to business shall not exceed 168 square feet; unanimously approved.

VI. NEW BUSINESS:

A.  Receipt of New Applications.

1.  Application #17-30 of Andrew Quirk, PE, Kratzert, Jones & Assoc. Inc., Agent; Antonios LLC, Owner, for a Special Exception pursuant to Article Seven, Section E.6, of the Town of Simsbury Zoning Regulations to allow for a restaurant in a B-1 zone with a drive-through facility on the property located at 1225-1245, 1261 Hopmeadow Street (Assessor’s Map I05, Block 403, Lot 019).  Zone B-2.

MOTION:  Mr. Doyle, Mr. Gray second, to table Application #17-30 until the Zoning Commission’s August 7, 2017 Special Meeting at 7:00PM; unanimously approved.

2.  Application #17-31 of Andrew Quirk, PE, Kratzert, Jones & Assoc. Inc., Agent; Antonios LLC, Owner, for a Site Plan Amendment and Sign Permit for Dunkin’ Donuts on the property located at 1225-1245, 1261 Hopmeadow Street (Assessor’s Map I05, Block 403, Lot 019). Zone B-2.

MOTION:  Mr. Gray, Ms. Battos second, to table Application #17-31 until the Zoning Commission’s August 7, 2017 Special Meeting at 7:00PM; unanimously approved.

3.  Application #17-32 Malica Gjonbalaj, BMG Properties LLC, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations to change from a beer and wine liquor permit to a full liquor license at Benny’s on the property located at 562 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1.

MOTION:  Mr. Gray, Ms. Battos second, to approve Application #17-32 Malica Gjonbalaj, BMG Properties LLC, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations to change from a beer and wine liquor permit to a full liquor license at Benny’s on the property located at 562 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1, noting that approval is for a Special Exception for both the indoor restaurant space as well as the patio space on the existing southern outside portion of the building; unanimously approved.

4.  Application #17-33 of Marek L. Kement, P.E., L.S., Anchor Engineering Services, Inc., Agent; Wolf Restaurant, LLC, Owner; for a Special Exception pursuant to Article Seven, Section M, of the Town of Simsbury Zoning Regulations for development in a floodplain zone for the construction of an addition to Abigail’s Restaurant on the property located at 4 Hartford Road (Assessor’s Map G15, Block 145, Lot 001). Zone B-1.

MOTION:  Mr. Gray, Ms. Beinstein second, to table Application #17-33 until the August 7, 2017 Special Meeting at 7:00PM; unanimously approved.

5.  Application #17-34 of Marek L. Kement, P.E., L.S., Anchor Engineering Services, Inc., Agent; Wolf Restaurant, LLC, Owner; for a Site Plan Amendment for the construction of an addition to Abigail’s Restaurant on the property located at 4 Hartford Road (Assessor’s Map G15, Block 145, Lot 001). Zone B-1.

MOTION:  Mr. Gray, Ms. Beinstein second, to table Application #17-34 until the August 7, 2017 Special Meeting at 7:00PM; unanimously approved.

6.  Application #17-35 of Chip Knierim, Agent, for proposed Text Amendments to Article Five, Section B.1.c, (Temporary Uses) of the Town of Simsbury Zoning Regulations: Temporary camping, including both tent and recreational vehicles, may be permitted for no more than 3 consecutive nights on Town of Simsbury Owned property. Provided that the organization is granted permission by the Board of Selectmen and applies for a public gathering permit from the Town of Simsbury; and Article Six, Section C, of the Town of Simsbury Zoning Regulations to add the following language after Trailer camps: Unless expressly permitted elsewhere in these regulations on a temporary basis.

Mr. Ryan and Mr. Doyle recused themselves from consideration of this application and left the meeting room.  Mr. Gray assumed the chairman role and seated Mr. Kyzivats for this application.

Mr. Post noted his concern in reviewing the police chief’s memo.  Mr. Rabbitt indicated that without proper sign-offs from all parties in the review process, the permit does not get issued.  Attorney Bob DeCrescenzo, who provides legal counsel to the Town, explained that the party seeking the permit will generally meet with the reviewing parties to go over the application.

MOTION:  Ms. Battos, to approve Application #17-35 of Chip Knierim, Agent, for proposed Text Amendments to Article Five, Section B.1.c, (Temporary Uses) of the Town of Simsbury Zoning Regulations: Temporary camping, including both tent and recreational vehicles, may be permitted for no more than 3 consecutive nights on Town of Simsbury Owned property. Provided that the organization is granted permission by the Board of Selectmen and applies for a public gathering permit from the Town of Simsbury; and Article Six, Section C, of the Town of Simsbury Zoning Regulations to add the following language after Trailer camps: Unless expressly permitted elsewhere in these regulations on a temporary basis with an effective date of July 24, 2017; Motion passed with Ms. Battos, Ms. Beinstein, Mr. Gray, Mr. Post, and Mr. Kyzivats voting aye while Mr. Ryan and Mr. Doyle abstained.

7.  Application #17-36 of Kerrianne Cannon, GHA Architecture/Development, Agent; E&A/I&G Simsbury Commons, LP, Owner; for a Site Plan Amendment for a sign permit and façade changes for Chili’s on the property located at 530 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-2.

MOTION:  Mr. Gray, Ms. Beinstein second, to table Application #17-36 until the August 7, 2017 Special Meeting at 7:00PM; unanimously approved.

8.  Application #17-37 of Chris Milliard, Phase Zero Design, Agent; Lisa Natcharian, Owner; for a Site Plan Amendment to change the existing residential use to commercial per the Simsbury Center Code, SEC. 4.2. ALLOWED USE TABLE for Storytellers Cottage on the property located at 750 Hopmeadow Street (Assessor’s Map G10, Block 206, Lot 001). Zone SC-1.

Chris Millard appeared before the Commission regarding this application.   He explained that his client is seeking to convert the home at 750 Hopmeadow Street back into a business as it had been used previously.  He explained that the owner is proposing to not change anything on the site.  Mr. Millard noted that the number of parking spots within the immediate area exceed the minimum number of spots necessary pursuant to the Zoning Regulations.  Mr. Millard explained that the two dumpsters behind the site on Railroad Street, are located on public property.  He noted that he had a memo from First Selectman Lisa Heavner indicating that the Town would be willing to enter into a shared parking agreement provided approval is received from the full Board of Selectmen.  He noted that the other option is to bring the dumpsters closer to the building but is not the preferred choice.  Attorney DeCrescenzo explained that the Town is willing to negotiate with the owner of the site because the location of the dumpsters is advantageous to the Town, too.  He noted that the change would necessitate users of Eno Hall to traverse over a spot that has a drop in elevation. 

MOTION:  Mr. Gray, Mr. Doyle second, to table Application #17-37 until the August 7, 2017 Special Meeting at 7:00PM; unanimously approved.

VII.  GENERAL COMMISSION BUSINESS:

1.  Deepwater Wind Solar Project.

a.  Referral from Board of Selectmen.

Attorney DeCrescenzo reviewed the statute that applies to the Siting Council, the regulatory authority of the proposed wind solar project in town.  He explained that the Siting Council regulates the location of facilities and that the proposal has been put forth as a facility.  Attorney DeCrescenzo explained that while most are familiar with certificate rulings, this application will be decided with a declaratory ruling. The difference between the two was explained.

Attorney DeCrescenzo emphasized that under Connecticut General Statutes Section 16-50(x), his firm has not concluded that the Town has no say about the project and in fact would encourage feedback on whether the project complies with local Zoning Regulations, whether it is consistent with the Plan of Conservation and Development, and whether the aesthetics of the project are appropriate for the location.  He urged this commission to send their feedback to the Board of Selectmen.

Attorney DeCrescenzo reminded the Commission that the Siting Council’s authority preempts this group but that they will likely take the feedback under advisement.  He advised that the statute does not preclude meaningful discussion and comment this Commission may have on the application.  He emphasized that the weight given by the Siting Council is up to them and their staff.  Should there be an appeal, the interpretation of the statute is done by the courts not the Siting Council which is an additional reason to build the record on behalf of the Town, according to Attorney DeCrescenzo.

Regarding the timeline, Attorney DeCrescenzo explained the Siting Council has sixty-five days from the date of the filing of the application (June 29, 2017).  A public hearing to be held in Simsbury by the Siting Council is tentatively scheduled for September 12, 2017, should the Town be indeed granted party status.  The Town will likely know after the Siting Council meets on July 20, 2017 whether they will be granted party status.

Mr. Ryan reminded the Commission that the Board of Selectmen are seeking a finding from this Board whether this application would be allowed under the current Zoning Regulations. 

It was noted that this project is proposed for land in the I Zone and the R-40 Zone.   Discussion occurred around whether the project’s proposal would be a public utility.  Mr. Rabbitt reported that staff will meet again on July 25, 2017 to review what might be recommended in terms of landscaping and buffering.  He noted that the town’s engineers will also be reviewing environmental impacts such as traffic during construction, noise, lighting, security, dust control, phasing during construction, erosion and sediment control. 

MOTION:  Mr. Gray, Ms. Battos second, to table the discussion of the Deepwater Wind Solar Project; unanimously approved.

b. Appointment to the Design Review Board.

MOTION:  Mr. Doyle, Mr. Gray second, to appoint Annaliese Frank to fulfill the balance of Tony Drapelick’s term on the Design Review Board which ends December 17, 2017; unanimously approved.

c.  Correspondence from Lee D. Hoffman, Pullman & Comley, LLC, Attorneys.

It was noted that this referred to the correspondence officially advising the Town of the filing of the petition regarding the Deepwater Wind Solar project.

2.  Discussion of New and Ongoing Projects.

a.  Zoning Regulations revisions: General Discussion.

No business discussed.

b.  WHOZ moratorium:  General Discussion.

No business discussed.

IV.  ADJOURNMENT:

MOTION:  Ms. Battos, Mr. Doyle second, to adjourn at 9:40PM; unanimously approved.

Respectfully submitted,

Pamela A. Colombie

Recording Clerk