Zoning Commission Minutes 09/17/2018
Subject to Approval
Simsbury Zoning Commission
TOWN OF SIMSBURY
REGULAR MEETING MINUTES
Monday, September 17, 2018 at 7:00PM
Simsbury Town Hall – Main Meeting Room
933 Hopmeadow Street, Simsbury, Connecticut
PRESENT: Dave Ryan, Kevin Gray, Bruce Elliott, Donna Beinstein, Michael Doyle
Alternate: Joseph Campolieta
ABSENT: Jackie Battos
Alternate: Gavin Schwarz, Thomas Frank
ALSO PRESENT: Michael Glidden CFM CZEO, Director of Planning and Community Development
Robin Newton, CZEO, Code Compliance Officer
I. CALL TO ORDER:
Chairman Ryan called the meeting to order at 7:00 PM
II. ROLL CALL:
1. Appointment of Alternates.
Mr. Campolieta was appointed to sit for Ms. Battos
III. APPROVAL OF MINUTES –
July 16, 2018 REGULAR MEETING:
MOTION: Mr. Elliott made a motion to approve the meeting minutes from July 16, 2018 as written. Mr. Doyle seconded the motion. The motion passed unanimously.
August 6, 2018 SPECIAL MEETING
MOTION: Mr. Elliott made a motion to approve the meeting minutes from the August 6, 2018 Special Meeting as written. Mr. Doyle seconded the motion. The motion was passed unanimously.
August 20, 2018 SPECIAL MEETING
MOTION: Mr. Elliott made a motion to approve the meeting minutes from the August 20, 2018 Special Meeting as written. Mr. Doyle seconded the motion. The motion was passed unanimously.
IV. PUBLIC HEARINGS:
1. 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. (public hearing to open 09/17/2018; must be closed by 10/22/2018)
Mr. Gray read into the record the legal notice for the public hearing. Ed Quierolo of KWT Realty made a presentation to the Commission regarding his request for a zone change. Mr., Quierolo explained that the uses he is trying to attract at his property, personal service, are not currently allowed. Mr. Quierolo explained that he is abutted by both B-3 and I-1. Mr. Elliott asked what types of uses he currently has located at the property. Mr. Quierolo explained he has mostly medical offices and a massage therapist.
Mr. Glidden informed the Commission that the zone change was granted a positive referral from the Planning Commission and from the regional planning agency.
The Chairman asked if anyone from the public wished to speak.
Charles Brody, 75 Latimer Lane, stated he believes this request is consistent with the uses that are currently in the area.
Motion: Mr. Gray made a motion to close the public hearing. Ms. Beinstein seconded the motion. The motion passed unanimously. The public hearing for Application 18-37 was closed.
2. 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. (public hearing to open 09/17/2018; must be closed by 10/22/2018).
Mr. Glidden informed the Commission we have a request from the applicant to open and continue the public hearing to October 1, 2018.
Mr. Gray read into the record the legal notice for the public hearing.
Motion: Mr. Gray made a motion to continue the public hearing to the October 1, 2018 meeting. Mr. Doyle seconded the motion. The motion was passed unanimously. The public hearing was continued to October 1, 2018.
3. Application #18-39 of Dyno Nobel, Inc., Owner, for a Special Exception pursuant to Article Seven, Section M.7, of the Simsbury Zoning Regulations for site clearing and excavating in the Floodplain Zone on the property located at 660 Hopmeadow Street (being shown as Assessor’s Map G11, Block 132, Lot 052 and Assessor’s Map G11, Block 144, Lot 005). Zone I-2. (public hearing to open 09/17/2018; must be closed by 10/22/2018)
Mr. Gray read into the record the legal notice for the public hearing.
Mr. Glidden informed the Commission that this application has received approval from the Inland Wetland Watercourses Agency for the work being proposed. Conditions of that approval include a pre-construction meeting with Staff.
Peter Chiarizio III, LEP, was present for Dyno Nobel to present the application. Mr. Chiarizio stated that this project was being mandated by the DEEP and EPA to remove industrial materials and provide soil remediation on the site. Mr. Chiarizio showed the Commission a site plan with locations were work was being completed.
There was no public comment on this application.
Mr. Gray made a motion to close the public hearing. Mr. Doyle seconded the motion. The motion was passed unanimously. The public hearing for Application #18-39 was closed.
4. Application #18-41 of Courtney Febbroriello, Metro Bis, Agent; Solectran LLC, Owner; for a Special Exception pursuant to Article Ten, Section H.1, of the Simsbury Zoning Regulations for a liquor permit for a restaurant on the property located at 690 Hopmeadow Street (Assessor’s Map G11, Block 132, Lot 053). Zones SC-1 and SC-3. (public hearing to open 09/17/2018; must be closed by 10/22/2018)
Mr. Gray read into the record the legal notice for the public hearing.
Courtney Febbroriello of Metro Bis was present. Ms. Febbroriello stated she is looking for a full liquor license for the premises at 690 Hopmeadow Street. She would like the entire site including the lawn made part of the application.
Mr. Glidden explained that the reason for asking for the entire premise was so that Ms. Febbroriello would not have to come back in front of the Commission if she wanted to have events outside, i.e. special event with a tent on the lawn.
Ms. Beinstein questioned if stating the approval was for the entire site included the residential units above.
Mr. Glidden indicated that the residential units should not be included as part of the approval.
Mr. Gray made a motion to close the public hearing. Mr. Doyle seconded the motion. The motion was carried unanimously. The public hearing for Application #18-41 was closed.
V. OLD BUSINESS:
1. Applications
a. 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. (decision must be rendered within 65 days of closing public hearing)
The Commission briefly discussed the request. The Commission asked Staff if they had any comments.
Mr. Glidden stated his only recommendation would be to set the effective date for October 1, 2018.
Motion: Mr. Gray made a motion to approve the Zone change of Ed Quierolo of KWT Realty, LLC for a zone change on property located at 225 Hopmeadow Street from I-1 to B-3, effective date of the zone change will be October 1, 2018. Mr. Campolieta seconded the motion. The motion was carried unanimously.
b. 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. (decision must be rendered within 65 days of closing public hearing)
Motion: Mr. Gray made a motion to table this application to the next meeting. Mr. Campolieta seconded the motion. The motion carried unanimously.
c. Application #18-39 of Dyno Nobel, Inc., Owner, for a Special Exception pursuant to Article Seven, Section M.7, of the Simsbury Zoning Regulations for site clearing and excavating in the Floodplain Zone on the property located at 660 Hopmeadow Street (being shown as Assessor’s Map G11, Block 132, Lot 052 and Assessor’s Map G11, Block 144, Lot 005). Zone I-2. (decision must be rendered within 65 days of closing public hearing)
The Commission briefly discussed the application. It was noted that this work is being required by DEEP and EPA.
Motion: Mr. Campolieta made a motion to approve the application of Dyno Nobel for site clearing and excavating in the Floodplain zone with the following conditions:
1. An administrative zoning permit is required for the filling and grading within an area of special flood hazard.
2. A pre-construction meeting is required onsite with the Zoning Enforcement Officer, Superintendent of Water Pollution Control and the Floodplain Manager.
3. Changes to filling and grading associated with work illustrated within the area of special hazard require approval from the Zoning Commission.
Mr. Doyle seconded the motion. The motion passed unanimously.
VI. NEW BUSINESS:
1. Receipt of New Applications
a. Application #18-40 of Robert and Marilyn Flach, Agents; Nord Christensen, Simsmore Square Enterprises LLC, Owner; for a Site Plan Amendment for a sign permit for My Lily of the Valley on the property located at 542 ½ Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 029). Zone B-1. (to be received 09/17/2018; decision must be rendered by 11/21/2018)
Robert and Marilyn Flach were present to answer any questions. The Commission asked if Staff had any comments. Ms. Newton stated the only missing piece of information was the height of the sign; all other aspects meet the Zoning Regulations. Ms. Flach indicated the height is 68”. Ms. Newton stated that height meets the Zoning Regulations.
The Commission discussed the location of the sign on the site.
Mr. Glidden indicated that DRB gave a positive referral and noted that there was no lighting being proposed.
Motion: Mr. Doyle made a motion to approve the application of Robert and Marilyn Flach for a site plan amendment to allow a new free standing sign at 542 ½ Hopmeadow Street with the following conditions:
1. An administrative zoning permit is required before sign installation.
Ms. Beinstein seconded the motion. The motion carried unanimously.
b. Application #18-41 of Courtney Febbroriello, Metro Bis, Agent; Solectran LLC, Owner; for a Special Exception pursuant to Article Ten, Section H.1, of the Simsbury Zoning Regulations for a liquor permit for a restaurant on the property located at 690 Hopmeadow Street (Assessor’s Map G11, Block 132, Lot 053). Zones SC-1 and SC-3. (decision must be rendered within 65 days of closing public hearing)
The Commission briefly discussed the request.
Motion: Mr. Gray made a motion to approve the application of Courtney Febbroriello for a Special Exception for a liquor permit located at 690 Hopmeadow Street with the following condition:
1. The liquor permit is granted for the entire premise but shall not include the residential units.
Mr. Doyle seconded the motion. The motion was carried unanimously.
c. Application #18-42 of Lisa B. Gross-Arnold, Agent; E and A / I and G Simsbury Commons LP, Owner; for a Site Plan Amendment to add gooseneck lights to the existing signage for TCBY on the property located at 530 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (to be received 09/17/2018; decision must be rendered by 11/21/2018)
Lisa Arnold was presented her proposal to the Commission. She stated the DRB provided a positive approval with some conditions.
Mr. Glidden explained that DRB would like her sign lowered, that the shape of the lights match the existing pedestrian lights and that the colors match.
The commission discussed the lights that were provided as examples in the applicant’s materials. The commission discussed whether or not to specify the exact light, product number and model, or to leave it more general.
Motion: Ms. Beinstein made a motion to approve application #18-42 of Lisa Gross- Arnold for the installation of gooseneck lights to the existing signage located at 530 Bushy Hill Road with the following condition:
1. The commission authorizes Staff to review and approve the exact light fixtures to be used provided the light fixtures are presented by Staff and approved by the DRB.
Mr. Doyle seconded the motion. The motion was carried unanimously.
d. Application #18-43 of Matthew Wittmer, Phase Zero Designs, Inc., Agent; Simsbury Commons North E A LLC, Owner; for a Site Plan Amendment for canopied cart corrals in the parking lot on the property located at 498 Bushy Hill Road (Assessor’s Map B20, Block 508, Lot 001-B). Zone B-3. (to be received 09/17/2018; decision must be rendered by 11/21/2018)
Matthew Wittmer of Phase Zero Designs was present representing Stop N Shop. The proposal is to replace the current cart corrals with canopy corrals. The canopies will be made with an ABS plastic bottom, aluminum frame and white fabric for the canopy itself. There will be no logos or colors on the corrals or canopies.
Motion: Mr. Gray made a motion to approve application #18-43 of Matthew Wittmer for a site plan amendment to allow canopied cart corrals located at 530 Bushy Hill Road with the following conditions:
1. An administrative zoning permit is required.
2. No logos or signage on the cart corrals or canopies.
3. Minor changes to location may be approved by the Zoning Enforcement Officer.
Ms. Beinstein seconded the motion. The motion was carried unanimously.
e. Application #18-44 of B-Fare Property, LLC, Owner; John B. Kennelly, Agent; for a Site Plan Amendment to add a dumpster pad on the property located at 4 Railroad Street (Assessor’s Map H10, Block 226, Lot 002A). Zone SC-3. (to be received 09/17/2018; decision must be rendered by 11/21/2018)
Mr. Glidden commented that Staff was awaiting comments from the Farmington Valley Health District as this application was the result of an enforcement action by FVHD.
Motion: Mr. Campolieta made a motion to table this application to October 1, 2018. Ms. Beinstein seconded the motion. The motion carried unanimously. The application is tabled until October 1, 2018.
f. Application #18-45 of LADA, P.C., Land Planners, Agent; Estate of George P. McLean, Owner; for a Site Plan Amendment for an addition to Hopmeadow Country Club on the property located at 85-95 Firetown Road (Assessor’s Map E08, Block 148, Lot 001). Zone R-40. (to be received 09/17/2018; decision must be rendered by 11/21/2018)
Terri Hahn from LADA, P.C. was present to represent Hopmeadow Country Club. Ms. Hahn gave a brief presentation of the proposal.
Brett Bowin from Urform, LLC- gave a brief synopsis of the proposal. Mr. Bowin explained that the addition will mimic the current architecture and style of the building.
Ms. Beinstein asked if there would be an issue with parking on site with this current addition.
Ms. Hahn indicated there should not be any issues.
Mr. Glidden stated the only outstanding concern was the possibility of having to move a sewer line and relocating it. Mr. Glidden explained that would need WPCA approval.
Mr. Glidden indicated that they will also be required to have an Engineer certify that there will be no drainage issues with this addition.
Motion: Mr. Elliott made a motion to approve the site plan amendment of Hopmeadow Country Club with the conditions listed in the Staff memo. Mr. Campolieta seconded the motion. The motion was carried unanimously.
g. Application #18-46 of John Galvin, Applicant, for a Text Amendment to Article Seven, Section I, of the Simsbury Zoning Regulations regarding vehicle repair facilities in the I-1 Zone. (public hearing to be scheduled for 11/19/2018; refer to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)
Motion: Mr. Gray made a motion to schedule the public hearing for this text amendment on November 19, 2018 and refer this application to the Planning Commission. Ms. Beinstein seconded the motion. The motion was carried unanimously.
h. Application #18-47 of Chris Milliard, Phase Zero Design, Agent; Grover Property Fund, LLC, Owner; for a Site Plan Amendment for changes to the Fitzgerald’s façade on the property located at 710 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001-2). Zones SC-1 and SC-3. (to be received 09/17/2018; decision must be rendered by 11/21/2018)
Mr. Glidden stated that this application has been to DRB and has been given a favorable referral. However, Mr. Glidden indicated that the required public notice sign was not placed in time for the Zoning Commission to discuss this application.
Motion: Mr. Campolieta made a motion to table this application until October 1, 2018. Mr. Doyle seconded the motion. The motion was carried unanimously.
i. Application #18-48 of Andrew Del Santo, dba Andy’s Italian Kitchen, Agent; Simsbury Town Shops, LLC, Owner; for a Sign Permit for Andy’s Italian Kitchen on the property located at 926 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zone SC-1. (to be received 09/17/2018; decision must be rendered by 11/21/2018)
Andy Del Santo was present for Andy’s Italian Kitchen. Mr. Del Santo presented his application to the Board.
Mr. Glidden stated that DRB provided a favorable recommendation provided the Taekwondo sign was removed and the Andy’s wall Sign is placed where the Taekwondo sign is currently located.
Mr. Glidden explained that the taekwondo sign was to have been removed when the new signs were placed months ago. Currently the signage is not in compliance with the unified sign plan.
Motion: Mr. Gray made a motion to approve the application of Andrew Del Santo of Andy’s Italian Kitchen for a new wall sign and canopy sign with the following conditions:
1. An administrative zoning permit is required.
2. The taekwondo sign is to be removed and replaced with Andy’s Kitchen sign.
3. No lighting is approved.
Mr. Campolieta seconded the motion. The motion was carried unanimously.
j. Application #18-49 of Christopher J. Smith, Esquire, Agent; Thomas R. Evans, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a liquor permit for a package store on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (public hearing to be scheduled for 10/01/2018)
Motion: Mr. Gray made a motion to schedule the public hearing for October 1, 2018. Mr. Doyle seconded the motion. The motion was carried unanimously.
k. Application #18-50 of Christopher J. Smith, Esquire, Agent; Thomas R. Evans, Owner; for a Site Plan Amendment for a package store on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (to be received 09/17/2018; decision must be rendered by 11/21/2018)
l. Application #18-51 of Michael Glidden, CFM, CZEO, Director of Planning & Community Development, Applicant on behalf of the Simsbury Zoning Commission, for a Text Amendment to Article Seven, Section B.7, and Article Seven, Section C.9, of the Simsbury Zoning Regulations regarding accessory dwelling units. (public hearing to be scheduled for 11/19/2018; refer to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)
Motion: Mr. Gray made a motion to set the public hearing for application #18-51 for a text amendment regarding accessory dwelling units for November 19, 2018 and that the application be referred to the Planning Commission. Mr. Campolieta seconded the motion. The Commission reviewed the language to see if any changes were required. The motion was carried unanimously.
m. Application #18-52 of Robin Newton, Code Compliance Officer, Applicant on behalf of the Simsbury Zoning Commission, for a Text Amendment to Article Ten, Section H.6, of the Simsbury Zoning Regulations regarding temporary liquor permits. (public hearing to be scheduled for 11/19/2018; refer to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)
Motion: Mr. Campolieta made a motion to set the public hearing for application #18-52 for a text amendment regarding temporary liquor permits for November 19, 2018 and that the application be referred to the Planning Commission. Mr. Doyle seconded the motion. The Commission reviewed the language to the text amendment and made changes. The motion with the changes to the text amendment were carried unanimously.
n. Application #18-53 of Laurie & Paul Sellitto, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning Regulations for a home occupation for a landscaping business run out of the existing residence on the property located at 16 West Tomstead Road (Assessor’s Map G08, Block 120, Lot 058A). Zone R-15. (public hearing scheduled for 10/15/2018)
Mr. Campolieta stated he will need to recuse himself when this application is heard at the public hearing and on the decision.
Motion: Mr. Gray made a motion at add application #18-53 to the agenda. Mr. Doyle seconded the motion. The motion was carried 5-0-1.
Motion: Mr. Doyle made a motion to schedule the public hearing on application #18-53 of Laurie & Paul Sellitto for a Special Exception for a home occupation located at 16 West Tomstead Road for October 15, 2018. Ms. Beinstein seconded the motion. The motion carried 5-0-1.
VIII. GENERAL COMMISSION BUSINESS:
1. Correspondence
Mr. Glidden noted for the record that there was correspondence from the neighbor’s across from 45 Old Farms Road and a letter from the Town Manager.
2. Proposed 2019 Zoning Commission Meeting Calendar
The commission discussed the 2019 calendar and the lack of meeting in August. Staff was asked to look and see if the meetings could be switched to another day than Monday as most holidays fall on Mondays causing cancellations in meeting. No decisions regarding the calendar were made.
3. Preliminary Discussion
a. Pre-application discussion regarding possible zone change for property located on Albany Turnpike
Rich Correia was present to give a presentation of a preliminary proposal. Mr. Correia showed the Commission the property that was the source of the discussion. He explained that the owner would be looking to change the zoning from residential to business. He showed the Commission the abutting zones in both Simsbury and Canton.
4. Zoning Regulations – Amendments
a. General- No discussion took place.
IX. ADJOURNMENT:
MOTION: Ms. Beinstein made a motion to adjourn at 8:35pm. Mr. Gray seconded the motion. The motion passed unanimously.
Submitted by
Robin M. Newton, CZEO
Code Compliance Officer