Zoning Commission Minutes 09/16/2019

SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES - Subject to Vote of Approval
Monday, September 16, 2019 at 7 P.M.
Simsbury Town Hall - Main Meeting Room
933 Hopmeadow Street, Simsbury, CT

PRESENT: Dave Ryan, Kevin Gray, Jackie Battos,
Donna Beinstein, Gavin Schwarz

ABSENT: Bruce Elliott, Joseph Campolieta, Michael Doyle, Thomas Frank

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. Elliott.

II. APPROVAL OF MINUTES: July 15, 2019, Regular Meeting

Motion: Mr. Gray made a motion to approve the regular meeting minutes from
July 15, 2019 at 7:04 P.M. as is. Motion was seconded by Ms. Beinstein.
Motion passed unanimously (5-0).

III. PUBLIC HEARINGS:
1. Application #19-37 of Julie Christensen, Agent; Nevin Christensen,
Owner; for a Special Exception pursuant to Article Seven, Section A.7,
to operate a summer day camp; Monday through Friday; 9am-1pm for
seven (7) weeks each summer with an enrollment limited to one
hundred (100) campers per session on the property located at 7
Shingle Mill Road (Assessor’s Map B11, Block 404, Lot 010). Zone
R-40.
Louis George, Attorney, Hassett & George, P.C., presented application #19-35, highlighting what the camp would offer, and briefly describing what a day at camp might look like. Mr. George discussed parking on the premises, described the camper drop off and pick up process, and spoke about the ages of the children who would be attending the day camp. Mr. George noted that licensing from the State of CT DPH has already been obtained.
Ms. Lang asked additional questions about the process of parents driving in and out of the property for dropping children off. Nevin Christensen answered the questions, stating that there is no back up of traffic as the property accommodates 70-80 parking spaces, and the camp nurse greets the children, checking them in and signing them out with parents each day.
Ms. Battos noted that a Connecticut license (Office of Early Childhood) has been provided to operate a Youth Camp, as well as United States Department of Agriculture and Farmington Valley Health District food service permit.

Mr. Marshall Epstein, 41 East Weatogue Street, spoke in favor of Flamig Farm being granted a Special Exception to operate a summer day camp. Mr. Epstein noted that Flamig Farm runs great programs and it would be a great addition to the community.

Motion: At 7:11 P.M., Mr. Gray made a motion to close the public hearing for
application #19-37. Motion was seconded by Ms. Beinstein. Motion passed
Unanimously (5-0).

IV. NEW BUSINESS:
1. Receipt of New Applications
a. Application #19-35 of Khoa Nguyen; Hoffman Auto Group, property owner; for a sign permit and Site Plan Amendment for a change of use to accommodate the proposed restaurant, Pho Farm Vietnamese Restaurant on the property located 44B Albany Turnpike (Assessor’s Map A20, Block 503, Lot 002D). Zone B-3.

Khoa Nguyen presented application #19-35. Mr. Nguyen spoke briefly about the proposed restaurant that will be located where the prior Munson’s Chocolate was. Mr. Nguyen noted that he also owns Pho 75 in Windsor Locks, and the restaurant will be of the like. The proposed restaurant (building) size will remain the same with the addition of an outdoor canopied dining area. Mr. Nguyen showed plans of the restaurant and the additional seating. He also showed plans for the sign, which will be a replacement of the prior sign, approximately 38 square feet. The sign will be lit by existing exterior lights.

Mr. Glidden notes that the use is permitted within the zoning district and exterior improvements are limited to replacement of the building sing and outdoor dining area. He also notes that there is sufficient parking to support the change in use.
Motion: A motion was made at 7:16 P.M., by Ms. Battos, to approve Application
#19-35 of Khoa Nguyen; agent; Hoffman Auto Group, property owner; for a sign
permit and Site Plan Amendment for a change of use to accommodate the
proposed restaurant, Pho Farm Vietnamese Restaurant on the property located
44B Albany Turnpike.

The approval of the site plan amendment is subject to the following conditions of
approval:
1. An administrative zoning permit is required for change in use and the installation of a new sign.
2. Proposed signage is not to be internally lit.

Motion was seconded by Mr. Gray. Motion passed unanimously (5-0).

b. Application #19-36 of Robert Kuszpa, Agent; Mark Sperandio and
Kathleen Kennedy, Owners; for a Sign Permit for Liberty Bank on
the property located at 981 Hopmeadow Street (Assessor’s Map
H08, Block 103, Lot 038). Zone SC-1.

Robert Kuszpa presented application #19-36, requesting a sign permit. Mr. Kuszpa presented the Commission with pictorral renditions of proposed signage changes from Simsbury Bank to Liberty bank. Discussion was had with the Commission about materials of signs and awning, how long the materials will last, and the colors of the signage. Clarification was given to the Commission regarding placement of signs and the signs which will be replaced with like size signs.
Ms. Battos questioned if there would be only two lit signs and Mr. Kuszpa answered that only the rear wall and the ground lighting the post sign will be lit.
Mr. Glidden noted that DRB gave a favorable recommendation on application #19-36.

Motion: At 7:22 P.M., a motion was made by Mr. Gray to approve Application
#19-36 of Robert Kuszoa, Agent; Mark Sperandio and Kathleen Kennedy,
Owners; for a Sign Permit for Liberty Bank on the property located at 981
Hopmeadow Street.

The Approval of the site plan amendment is subject to the following conditions of
Approval:
1. An administrative zoning permit is required for installation of signage.

Motion was seconded by Ms. Beinstein. Motion passed unanimously (5-0).

c. Application #19-37 of Julie Christensen, Agent; Nevin Christensen,
owner; for a SPecial Exception pursuant to Article Seven, Section A.7,
to operate a summer day camp; Monday through Friday; 9am-1pm for
seven (7) weeks each summer with an enrollment limited to one
hundred (100) campers per session on the property located at 7
Shingle Mill Road (Assessor’s Map B11, Block 404, Lot 010). Zone
R-40.
Ms. Battos expressed her approval for this day camp program. She feels it is well run and highly regarded.

Motion: At 7:24 P.M., Mr. Gray made a motion to waive the site plan require-
ments pursuant to Article Five, Section J. The proposed use does not necessitate
The requirements listed in this section and sufficient information has been
provided for the Commission to review.
Motion was seconded by Ms. Battos. Motion passed unanimously (5-0).

Motion: At 7:25 P.M., Mr. Gray made a motion to approve, Application #19-37 of
Julie Christensen, Agent; Nevin Christensen, owner, for a Special Exception
pursuant to Article Seven, Section A.7 of the Zoning Regulations, to operate a
Summer day camp on the property located at 7 Shingle Mill Road. Approval of
Special Exception is subject to the following conditions:

1. An Administrative Zoning Compliance REview application is required.
2. The Special Exception must be filed on the Land Records in the Clerk’s
Office in order to be valid.

Motion was seconded by Ms. Beinstein. Motion passed unanimously (5-0).

d. Application #19-38 of Thomas Ryan, Esq., Agent: Simsbury Town
Shops, LLC, Petitioner; for a Text Amendment to Section 4.3.3 (D.6.) of
the Simsbury Center Code Zoning Regulations to add a driving school
as a use. No Action needed at this time. Public Hearing scheduled
for October 7, 2019.

e. Application #19-39 of Richard Rosenthal, Agent; Marshal Epstein,
Owner; for a Site Plan Amendment for a Temporary Liquor Permit for a
one-day event (“Hoptoberfest”) on the property located at 25 East
Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40
Marshall Epstein, 41 East Weatogue Street, and owner of Rosedale Farms, 25 East Weatogue Street, presented Application # 19-39 for a Site Plan Amendment for a Temporary Liquor Permit for a one-day event. Mr. Epstein spoke about Rosedale Farms hosting the charitable event put on by Max Cares Foundation, Inc. He noted that this is an annual event, it is the last event of the season, each fall people look forward to it and it is well attended.

Mr. Gray asked staff if moving forward, if this event were to take place again next year, will the applicants only need to go to staff for the one-day liquor permit? Staff answered in the affirmative.
Ms. Newton (staff) clarified for the Commission why the applicant was before them seeking approval for the one-day liquor permit, as it falls under the new regulation adopted last April (Article Ten, Section H.6. of the Simsbury Zoning Regulations, temporary permit associated with a temporary event).
Mr. Gray questioned what time the event would go until, Mr. Epstein answered that the event is over at 4:00 P.M.
The Commission asked for clarification on time restrictions, Mr. Glidden (staff) answered that there are restrictions, and time restrictions can be conditional of application approval.

Motion: A motion was made by Ms. Beinstein, at 7:29 P.M., to approve
Application #19-39 of Richard Rosenthal, Agent, Marshall Epstein, Owner, for a
Site Plan Amendment in accordance with Article Ten, Section H.6. of the
Simsbury Zoning Regulations to grant a temporary liquor permit associated with
a temporary event, with the following conditions:

1. An administrative Zoning Compliance Review application is required.

Motion was seconded by Mr. Gray. Motion passed unanimously (5-0).

f. Application #19-40 of Tony Coppola, Agent; Big Y Foods, Inc., Owner;
for a site plan amendment for the construction of a new retail grocery
store per plans submitted on the property located at 1313, 1349, and
unassigned address Hopmeadow Street (Assessor’s Map I05, Block
403, Lots 016, 016A). Zone B2.

Guy Hesketh, Chief Engineer, F.A. Hesketh & Associates, Inc., 3 Creamery Brook, East Granby, CT, presented Application #19-40, introducing the proposal for a Big Y Grocery store. Ms. Hesketh discussed previous application submitted back in 2012, and outlined the changes to the original application to better accommodate the changes in the building. He presented the Commission with illustrations of the four land parcels which Big Y has already acquired, the footprint plans for the building, elevation plans, and plans for parking and plans for connectivity. Mr. Hesketh discussed traffic patterns, surface treatment areas, grading plans, erosion control, storm-water management plans, zoning data tables, landscaping. Mr. Hesketh advised the Commission of a discrepancy in one of the site plans, it was a shift in the set back plans. Mr. Hesketh addressed the discrepancy and testified to the correct measurements.
Mr. Hesketh noted that there is adequate water, and they will tie into a water service coming off the skating center; further plans to be discussed with Aquarium. There is adequate electric and telephone services, gas service and sanitary sewer.
There will be full service food preparation, there will be installation of grease traps.
Mr. Hesketh discussed lighting of the site and noted that there will be a full photometric submitted.
Detailed landscaping plans were discussed. A full list of all trees and plantings was presented, and a copy of plantings plan was left with staff for the record.
Mr. Hesketh discussed the utility area, which would house the generator area. Big Y has reduced the regenerator areas drastically, as they have a smaller unit for life safety (adequate lighting in power outages, conclude transactions in progress). They then would bring in mobile trailer generators. This would decrease noise pollution.

Ms. Battos inquired about sidewalk plans. Mr. Hesketh discussed plans for sidewalk plans to connect the Skating Center and Dorsett Crossing, along with the neighboring s. Apartments. There are also plans to make it easily accessible to the bike path traffic, and there will be bike racks in front of the store.

Mr. Gray inquired if there was an illustration to show site in relation to the neighbors (Skating Center and the condominiums). Mr. Gray further looked for traffic increase data, regarding where the driveway would exit and enter and inquiring if it would be shared driveways with the Skating Center. Mr. Gray wanted to know if there are plans to have a left turn lane/signal. Mr. Hesketh informed the Commission that they are in the process of working with DOT and the state (reviewing impacts to area roadways, OSTA process, traffic studies and encroachment permit).

Mr. Gray asked for clarification about what the view might look like of the elevation from the road. Mr. Hesketh showed illustrations and discussed height of the building and elevations of the road vs. building. Grade differences were discussed.

Mr. Hesketh introduced Ed Peppin, Architect, Principal, Peppin Associates, LLC., Bloomfield, CT. Mr. Peppin presented the Commission with plans for the footprint of the building, explaining the function of each space. Mr. Peppin also showed illustrated renditions of what the building would look like, including color scheme.
Ms. Beinstein asked about rooftop equipment. She wanted clarification on height of equipment as well as information on screening the rooftop equipment.
Mr. Gray expressed concern of the apartments view of the roof top equipment and impact of construction noise. The Commission and Mr. Peppin had a discussion of screening of rooftop equipment and how to minimize noise (ie. limited construction hours).
Mr. Peppin presented the materials to be used and color scheme of materials.
Mr. Glidden noted that Design Review Board gave a favorable recommendation on Application #19-40. He also advised that the applicant’s will need to revisit the commission for signage.
The applicant acknowledges that they will need to come back for signage.
Mr. Hesketh made a request that the Commission would offer a conditional approval subject to a photometric plan being submitted.
Tony Coppola, Agent; Big Y Foods, Inc, Owner spoke about the rooftop equipment. He noted that there were similar concerns at the Marlborough store. The containers (which house the rooftop equipment), were painted the same color as the rooftop. Mr. Coppola said doing so seemed to make the containers blend into the rooftop. He also spoke to the noise decibel of the equipment. He stated that if you were standing on the ground in front of it, you would not hear it running. He suggested that if the Commission and/or staff has time available, they visit the Marlborough store to see the rooftop equipment containers and hear the noise, or lack there-of, first hand.
Mr. Gray requested staff be provided a photograph of the Marlborough store, to see the view of the rooftop equipment. Mr. Coppola agreed to obtain and submit a photo to staff for review as well as decibel readings on the noise of the rooftop equipment.

Motion: At 8:38 P.M., Mr. Gray made a motion to approve Application #19-40 of
Tony Coppola, Agent; Big Y Foods, Inc., Owner; for a site plan amendment for
the construction of a new retail grocery store per plans submitted on the property
located at 1313, 1349, and unassigned address Hopmeadow Street.

The approval of the site plan amendment is subject to the following condition of
approval:
1. An administrative zoning permit is required for construction activities.
2. A pre-construction meeting is required with the Zoning Enforcement
Officer prior to the start of site work.
3. Applicant is to provide a copy of the excavation permit for CTDOT
District 4 for the issuance of a building permit.
4. Applicant is to provide 2 sets of mylars for signature by the chairman
prior to the issuance of an administrative zoning permit. One set is to
be filed on the land records of Sheet LS-1. The second is to be filed
with the Engineering Department of Sheets LA-1, LS-1, and UT-1.
5. Applicant is to provide 2 paper sets of the final plans for signature by
the chairman prior to the issuance of an administrative zoning permit.
6. Applicant is to provide written approval from Aquarion Water concerning
domestic water connections for the new structure prior to the issuance
of a building permit.
7. As noted in the 2012 approval, applicant is to provide access
easements to the properties to the south.
8. The Commission authorizes staff to approve minor changes to grading,
Utility location, and landscaping on their behalf. Said requests for
Changes are to be made in writing and approved by staff prior to
Implementation in the field.
9. Photometric Plan to demonstrate no light trespass to be submitted to
and will be subject to review by staff.
10. Application does not include signage.

Motion was seconded by Ms. Battos. Motion passed unanimously (5-0).

g. Application #19-41 of LADA, P.C. Land Planners, Agent; Holloway’s
Inc., Owner; for a site plan amendment and a sign permit for a sign on
the property located at 1396 Hopmeadow Street (Assessor’s Map I04,
Block 439, Lot 004B). Zone B-2.

Terri-Ann Hahn, Principal, LADA, P.C., Land Planners, presented application #19-41. Ms. Hahn seeks to place a freestanding sign for Holloway’s Plaza that was damaged and removed. The sign meets the requirements for the zoning regulations.

Mr. Glidden reports that Design Review Board gave a favorable recommendation for application #19-41.

Mr. Gray inquired whether there will be logos or different colors on the signs for the tenants. Ms. Hahn answered there will not be logos or different colors. It will only be
the names, in black.

Motion: A motion was made by Ms. Battos at 8:47 P.M., to approve Application
#19-41 or LADA, P.C. Land Planners, Agent; Holloway’s Inc., Owner; for a site
plan amendment and a sign permit for a sign on the property located at 1396
Hopmeadow Street (Assessor’s Map I04, Block 439, Lot 004B). Zone B-2.

The approval of the sign permit is subject to the following conditions of approval:
1. An administrative zoning permit is required for installation of signage.

Motion was seconded by Ms. Beinstein. Motion passed unanimously (5-0).

h. Application #19-42 of LADA, P.C.Land Planners, Agent; Robert
C. Kevorkian, Owner; for a site plan amendment and a sign
permit to replace a damaged sign in the same location on the
property located at 1404-1418 Hopmeadow Street (Assessor’s
Map I04, Block 439, Lot 004AA). Zone B-2.

Terri-Ann Hahn, Principal, LADA, P.C., Land Planners, presented application #19-42. Application is to replace a damaged sign in the same location. The new sign will be a little smaller than the original. It is similar in size and shape. The graphics and colors are consistent with the other sign approved in Application #19-41. The sign will say Simsbury Pharmacy up top.

Motion: At 8:51 P.M., Ms, Beinstein made a motion to approve Application
#19-42 of LADA, P.C. Land Planners, Agent; Robert C. Kevorkian, Owner; for a
site plan amendment and a sign permit to replace a damaged sing in the same
locations on the property located at 1404-1418 Hopmeadow Street.

The approval of the sign permit is subject to the following conditions of approval:
1. An administrative zoning permit is required for installation of signage.

Motion was seconded by Ms. Battos. Motion passed unanimously (5-0).

VI. GENERAL COMMISSION BUSINESS:
1. Correspondence - none
2. Regulations Update - Next workshop to take place Monday,
September 23, 2019 at 6:30 P.M. Reminder to be sent out to members of
the Commission.
3. The Ridge at Talcott Mountain Bond Reduction Request - SL Simsbury LLC, The Ridge at Talcott Mountain is requesting a Site Work Bond Reduction for The Ridge at Talcott Mountain project. Currently SL Simsbury LLC has a $1,142,276.30 bond in place, and based on work completed they are requesting a reduction to $498,268.10. Submitted to staff were site plans indicating asphalt paving and concrete sidewalks currently constructed and a spreadsheet indicating the cost of remaining work to be completed.

Ms. Newton assured the Commission that she is out to the site for a visit to check progress on a weekly basis and that the work promised is progressing as planned.
Ms. Battos was also out to the site, and reports that it does not look like a construction zone and that it is coming along nicely.

The base is everywhere and the paving has been done up to the club house.
Mr. Gray asked if the reduced amount is enough to cover the costs should they not meet the promise of completion. Ms. Newton replied in the affirmative.
Ms. Newton also stated that the next commercial building should begin within the next 2-3 months.

Motion: At 8:58 P.M., Mr. Gray made a motion to reduce the bond on
The Ridge at Talcott Mountain from $1,142,276.30 to $498,268.00.
Motion was seconded by Ms. Beinstein. Motion passed unanimously (5-0).

VII. ADJOURNMENT:

Motion: At 8:59 P.M., Mr. Gray made a motion to adjourn the meeting.
Motion was seconded by Ms. Beinstein. Motion passed unanimously (5-0).

Submitted by:

Kimberly Rathbun
Commission Clerk