Zoning Commission Minutes 08/07/2017 SPECIAL MEETING
Subject to Approval
Simsbury Zoning Commission
TOWN OF SIMSBURY
SPECIAL MEETING MINUTES
Monday, August 7, 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.
ABSENT: Alternates Tom Kyzivats and 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 7:00PM.
II. ROLL CALL:
1. Appointment of Alternates.
As a quorum was achieved through regular members, no appointment of alternates was necessary.
III. APPROVAL OF MINUTES – JULY 17, 2017 REGULAR MEETING:
The July 17, 2017 Regular Meeting Minutes should be amended as follows:
Line 191 on the fourth page and lines 284 and 285 on the sixth page, the portion of text that reads, “… Motion passed with Ms. Battos, Ms. Beinstein, Mr. Gray, Mr. Post and Mr. Kyzivats voting aye while Mr. Ryan and should read, “…Motion passed with Ms. Battos, Ms. Beinstein, Mr. Gray, Mr. Post and Mr. Kyzivats voting aye...”.
MOTION: Mr. Gray, Mr. Doyle to approve the July 17, 2017 Minutes as amended; unanimously approved.
IV. PUBLIC HEARINGS:
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.
Andrew Quirk, PE, of Kratzert, Jones & Associates, Inc. appeared before the Commission regarding this application. He explained that there have been revisions made to the proposed site plan as well as architectural changes with the proposed building after having conferred with Town staff. Mr. Quirk noted that pursuant to engineering comments received, there have been revisions to the site entrance to better accommodate delivery vehicles as well as modifications to include one lane in and one lane out. Mr. Quirk reported that structures to support pretreatment of storm water prior to infiltrating the soil in this aquifer protection zone have also been added. An overflow out to Route 10, serving for emergency overflow situations, was noted as having been included. Town staff will continue to work with the applicant on landscaping, according to Mr. Quirk.
Inter-property connection was discussed.
Mr. Rabbitt reported that the Design Review Board has provided a favorable recommendation with the latest rendering of the proposal, with the removal of the brown and orange awnings which shall be replaced with a double hung window. Mr. Rabbitt noted that the windows will have a strong apron and skirt to mirror the existing colonial home next to it as well as flower boxes.
MOTION: Mr. Gray, Ms. Beinstein second, to continue the Public Hearing on Application #17-30 September 18, 2017; unanimously approved.
2. 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.
Marek L. Kement, P.E., L.S., accompanied by Architect Matthew Montana, appeared before the Commission regarding this application. Mr. Kement reported that the Design Review Board has received a favorable recommendation for the proposal. Mr. Rabbitt confirmed, noting the alternative including a gable-end addition with slightly smaller version of the main building’s windows, was approved. Mr. Rabbitt explained that this rendering also included a vented window under the gable peak.
MOTION: Mr. Gray, Mr. Doyle second, to close the Public Hearing on Application #17-33; unanimously approved.
V. OLD BUSINESS:
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: Ms. Battos, Mr. Gray second, to table 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 to the next regular meeting of the Zoning Commission on September 18, 2017 at 7:00PM in the Simsbury Town Offices Main Meeting Room; 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. Doyle, Ms. Beinstein second, to table 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 to the next regular meeting of the Zoning Commission on September 18, 2017 at 7:00PM in the Simsbury Town Offices Main Meeting Room; unanimously approved.
3. 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, Mr. Doyle second, to approve 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; unanimously approved.
4. 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 approve 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. The Special Exception and Site Plan Amendment approvals are 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 made based on field conditions upon written approval from the Town Planner, who has been given the authority on behalf of the Town’s Zoning Commission to act on their behalf
4. To incorporate the Design Review Board’s recommendation on smaller windows on the south side elevation and the change to the gable window be modified to be a vented/slotted opening; unanimously approved.
5. 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. Doyle, Mr. Gray second, to approve 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; unanimously approved.
6. 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 Milliard appeared before the Commission regarding this application. Mr. Rabbitt indicated that Mr. Milliard has a revision to a note contained on the proposed site plan. Mr. Milliard explained that there has been a gate included to the dumpster locations. Mr. Rabbitt explained that the application shows two locations for the dumpsters, one on the property of the owner as well as the preferred alternative by the applicant, on property of a third party. Prior to a final zoning permit, Mr. Rabbit suggested a condition regarding the installation/construction of a dumpster pad as proposed on the site plan.
Discussion ensued over whether the Code allows a dumpster to be installed on a street.
Mr. Rabbitt explained that the land owner is negotiating both a shared parking agreement and a shared garbage arrangement with the Town. He noted that should the discussions between the two break down, the applicant still needs to have a place for their enclosures.
Matthew Natcharian, identifying as one of the owners, spoke in support of approving the application, explaining that the building has ten tenants.
MOTION: Mr. Doyle, Ms. Battos second, to approve 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. Prior to the issuance of a Zoning Permit to establish the new use (Fall Event Center associated with Storytellers Cottage), the applicant shall install/construct the proposed dumpster pad and enclosure as detailed on the site plan or a financial surety for the installation is posted in an amount and form acceptable to the Town of Simsbury; Motion passed with Ms. Battos, Ms. Beinstein, Mr. Doyle, Mr. Post, Mr. Ryan voting aye while Mr. Gray was opposed.
VI. NEW BUSINESS:
A. None.
VII. GENERAL COMMISSION BUSINESS:
1. Deepwater Wind Solar Project.
a. Referral from Board of Selectmen.
Mr. Ryan reminded the Commission that the Board of Selectmen have sought comments and questions from the various boards and commissions in town regarding the proposed Deepwater Wind Solar Project. He noted that draft comments have been distributed to commissioners for review, indicating that the Zoning Regulations do not generally allow solar farms but for those designated as a public utility. If it were deemed a public utility, it would be permitted through a Special Permit application. In response to inquiry from Ms. Battos as to whether this project would be considered a public utility, Attorney Bob DeCrescenzo indicated that it does not meet the definition of a public utility. He explained that the power generated from this project would be sold to Eversource and not an end-user, such as residents. Therefore, the application would not be eligible for a Special Permit.
Attorney DeCrescenzo noted that should the developer applicant move to change the type of application before the Siting Council or the Council itself moves to change from petition to a certificate process, this Commission would have a more formal, larger role in the review.
MOTION: Ms. Battos, Ms. Beinstein second, to authorize staff to prepare a letter to the Board of Selectmen regarding the Deepwater Wind Solar Farm project regarding the Simsbury Zoning Regulations drafted out of this Commission’s notes by Chairman Dave Ryan and to authorize the chairman to sign on behalf of the Zoning Commission; unanimously approved.
b. Correspondence from Lee D. Hoffman, Pullman & Comley, LLC, Attorneys.
No business discussed.
VIII. ADJOURNMENT:
MOTION: Mr. Gray, Mr. Doyle second, to adjourn at 8:17PM; unanimously approved.
Respectfully submitted,
Pamela A. Colombie
Recording Clerk