Zoning Commission Minutes 09/18/2017

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, September 18, 2017 at 7:00PM

Simsbury Town Offices – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

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

ABSENT:  Michael Doyle, Gerald Post, 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 7:06PM.

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 – AUGUST 7, 2017 SPECIAL MEETING:

The August 7, 2017 Special Meeting Minutes were accepted as submitted.

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, appeared before the Commission regarding this application.  He noted that the changes made to the plans to address the engineering comments received, including improvements to the storm water management system, minor changes to some sidewalks and the removal of the interconnection to the rear of property.  Additionally, the proposed evergreens will be changed to sugar maple trees, according to Mr. Quirk. 

The hearing was open to the public twice. No comments were received at either time.

Mr. Rabbit referenced Staff Comments dated September 18, 2017.  He reviewed those comments. 

MOTION:  Mr. Gray, Ms. Beinstein second, to close the Public Hearing on Application #17-30; 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:  Mr. Gray, Ms. Battos second, to approve 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; 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. Beinstein second, to approve special exception, with certain modifications and

Conditions, application #17-31 of Andrew Quirk, PE, Kratzert, Jones & Assoc. Inc., Agent; Antonios LLC, Owner, for a restaurant and drive-thru.

Name                                                                    Sheet                    Date                                      Last Revision

Cover Sheet                                                       C-1                         05/29/2017                         09/11/2017

Topographic Survey                                                                        04/07/2014                         09/04/2014

Demolition Plan                                                S-1                          05/29/2017                         09/11/2017

Site Layout & Landscaping Plan  S-2                          05/29/2017                         09/11/2017

Site Grading & Utility Plan                            S-3                          05/29/2017                         09/11/2017

Proposed Lighting Isodiagram    S-4                          05/29/2017                         09/11/2017

Detail Sheet                                                       D-1                         05/29/2017                         08/01/2017

20ft WQU Product Detail                              STD-501                10/26/2006                         02/17/2016

The required modifications to the application and the conditions of approval are as follows:

GENERAL DEVELOPMENT – MODIFICATIONS/CONDITIONS OF APPROVAL

1.            Draft revised site plans incorporating all plan modifications to date, including those required by the terms of this motion, shall be submitted for review by Commission staff prior to filing the recording set with the Town of Simsbury.

2.            Full architectural renders (24”x36” – mylar) shall be filed in addition to the site plans as an integral part of the full set of plans required for issuance of a zoning permit.

3.            A preconstruction meeting must be held between Commission/Town Staff (Director of Planning and Community Development, Engineer, ZEO, Building Official) and the building contractor prior to any construction, grading and/or excavation activity associated with the construction or development of the site.  Such meeting shall be scheduled at the mutual convenience of the participants after the draft revised site plans and architectural renderings specified in items no. 1 and 2, above, are filed with the Commission staff.

4.            Prior to the commencement of any grading and/or construction activities, the applicant shall file three sets (signed and sealed) of the approved site plans, as they may be revised per this motion, with the Town of Simsbury Planning Department.

5.            Prior to the issuance of a building permit, the applicant shall provide written documentation from the Connecticut Department of Transportation, that ingress and egress to and from Connecticut Route 10 (Hopmeadow Street) has been approved/permitted for all of the uses and site improvements, and at the proposed access points, shown on the revised site plans.

6.            Prior to the issuance of a building permit, the applicant shall provide written documentation that the Town’s Water Pollution Control Authority (WPCA) has approved a connection to the Town’s sewer system for all uses and site improvements shown on the revised site plans.

7.            Prior to the issuance of a building permit, the applicant shall provide written documentation that a potable public water supply is available for all uses and site improvements shown on the revised site plans.

8.            Shop drawings and samples of building materials including colors (markups) shall be submitted to staff and reviewed to determine compliance with Commission approval prior to installation.

9.            Prior to the issuance of the of the certificate of zoning compliance that is required for a certificate of occupancy from the Town’s Building Official, the applicant must submit evidence that it has received a permit to discharge from the appropriate regulatory authority (i.e. Simsbury WPCA).

10.          Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Director of Planning and Community Development in accordance with Town’s Zoning Regulations.

11.          Final as-built plans should be submitted to the Director of Planning and Community Development to determine compliance with the approved revised plans.  The as-built plans shall include final grades, curbing, landscaping, buildings, signage, utilities (depth, size, location, type) and drainage.  The Director of Planning and Community Development may require additional information deemed necessary, either by the Director or by other appropriate Town staff, to determine compliance with all approvals.

SITE PLAN MODIFICATION/CONDITIONS OF APPROVAL

12.          The applicant shall add language to the plans stating that future access to the site may be provided along the westerly, northwesterly and/or southwesterly lease line when the property is further developed by the owner/owners.

13.          The proposed landscaping (six white cedars – evergreen trees) on the northerly property boundary shall be changed to six Green Mountain Sugar Maple (minimum 3.0” caliper).

14.          The proposed landscaping (two flowering dogwoods) on the easterly property boundary shall be changed to two Green Mountain Sugar Maple (minimum 3.0” caliper).

15.          The proposed landscaping (three white cedars – evergreen trees) on the southerly lease line/boundary shall be changed to three Green Mountain Sugar Maple (minimum 3.0” caliper). 

16.          The applicant shall submit a final, more detailed landscape plan to the Director of Planning and Community Development for review and approval prior to issuance of any building permit(s) for the site.

17.          Sheet S-2, note 7 (Planting Notes) Note to be added that all areas proposed for lawn/turf shall have 6” of screened loam (½” minus).

18.          The applicant shall provide a detail (i.e. wall type, fence type and landscaping) for the proposed dumpster enclosure.                                                      MOTION UNANIMOUSLY APPROVED.

VI. NEW BUSINESS:

A.  Receipt of New Applications.

a.  Application #17-38 of Ronald Bomengen, PE, LEED AP, Fuss & O’Neill, Inc., Agent; Simsbury Developers, LLC, Owner; for a Site Plan Amendment, amending Zoning Application #15-06, for a pet park on the property located at 20 Hopmeadow Street (Assessor’s Map E18, Block 117, Lot 001-1B). Zone PAD.

Ron Bomegen, P.E., of Fuss & O’Neill, appeared before the Commission regarding this application.  He explained that his client was seeking an amendment for a 1,225 square-foot pet park at the apartment complex known as Aspen Green.   Mr. Bomegren noted that there is no grading work needed and that the area would be contained with a four-(4’) foot high black vinyl fence, allowing residents to allow their dogs to go unleashed.  Staff’s suggestions, including the relocation of two trees within the park as well as the addition of a two-gate system for users to enter the area, were discussed.  It was agreed that the trees would be moved outside of the fenced area.

MOTION:  Ms. Battos, Mr. Gray second, to approve Application #17-38 of Ronald Bomengen, PE, LEED AP, Fuss & O’Neill, Inc, Agent; Simsbury Developers, LLC, Owner; for a Site Plan Amendment.  The site plan approval is subject to the following condition of approval:

1.  An administrative zoning permit is required for site work and park improvements.

2.  For issuance of zoning permit, applicant is to update site plan and illustrate relocation of landscaping as noted by staff.  The Zoning Commission has authorized staff to review and approve the landscaping relocation on their behalf.

3.  Location of Pet Park is to be marked in the field.  Said location is to be reviewed and approved by the Code Compliance Officer prior to start of site work.

4.  Entrance to park is to be modified on plans to provide two latching gates so that proper containment is provided; unanimously approved.

b.  Application #17-40 of Tim Martin, Owner, for a Special Exception pursuant to Article Seven, Section C.8, of the Town of Simsbury Zoning Regulations for the development of a rear lot on the property located at Lark Road (Assessor’s Map D03, Block 208, Lot 003A, being shown on the map as included in Assessor’s Map D03, Block 208, Lot 003). Zone R-40.

Mr. Glidden stepped out of the meeting at 7:33PM, prior to the Commission reviewing this application.  He returned to the meeting following the conclusion of their discussion at 7:35PM.

MOTION:  Mr. Gray, Ms. Battos second, to set a public hearing for October 16, 2017 at 7:00PM for Application #17-40 of Tim Martin, Owner for a Special Exception pursuant to Article Seven, Section C.8, of the Town of Simsbury Zoning Regulations for the development of a rear lot on the property located at Lark Road; unanimously approved.

c.  Application #17-41 of Els Fonteyne and Kristen Cormier, Agents; The Allen W. Hixon Trust Agreement, Owner; for a site plan amendment for a change of use from office to retail and sign permit for Beehive Home on the property located at 738 Hopmeadow Street (Assessor’s Map H10, Block 22, Lot 003). Zone SC-3.

Els Fonteyne and Kristen Cormier appeared before the Commission regarding this application.  Mr. Rabbit explained that the subject parcel is east of the Bank of America.  Ms. Fonteyne explained that they are seeking to open a gift shop at this location.  Mr. Rabbit reported that Design Review Board recommended approval of the applicant’s sign permit application with a few suggestions.  He shared those changes, including a shrinkage of the wall sign so as to allow a greater reveal of the clapboard behind it. 

MOTION:  Mr. Gray, to approve Application #17-41 of Els Fonteyne and Kristen Cormier, Agents; The Allen W. Hixon Trust Agreement, Owner; for a site plan amendment for a change of use from office to retail and sign permit for Beehive Home on the property located at 738 Hopmeadow Street (Assessor’s Map H10, Block 22, Lot 003).  Zone SC-3 to include recommendations received by Design Review Board for a four (4”) inch reveal to the top and bottom of the wall sign and a six (6”) inch reveal to the right and left of the sign; unanimously approved.

d.  Application #17-42 of Matthew Erdmann and John Alubicki, Keller Williams Farmington Valley, Agents, for a Text Amendment to Article Ten, Section C.1.b, of the Town of Simsbury Zoning Regulations regarding real estate signage.

MOTION: Mr. Gray, Ms. Battos second, to refer Application #17-42 of Matthew Erdmann and John Alubicki, Keller Williams Farmington Valley, Agents, for a Text Amendment to Article Ten, Section C.1.b, of the Town of Simsbury Zoning Regulations regarding real estate signage to the Planning Commission and to set for a public hearing on October 16, 2017 at 7:00PM; unanimously approved.

e.  Application #17-43 of Stephen J. Repka, II, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for the addition of an accessory dwelling unit over the garage of the existing residence on the property located at 347 West Mountain Road, West Simsbury (Assessor’s Map A18, Block 503, Lot 001). Zone R-40.

MOTION:  Mr. Gray, Ms. Beinstein second, to set for a public hearing for October 16, 2017 at 7:00PM Application #17-43 of Stephen J. Repka, II, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for the addition of an accessory dwelling unit over the garage of the existing residence on the property located at 347 West Mountain Road, West Simsbury; unanimously approved. 

f.   Application #17-44 of Chuck Arrasate, Agent; Curaleaf, Owner; for a Site Plan Amendment for the placement of a 10’x12’ storage shed on the property located at 100 Grist Mill Road (Assessor’s Map G11, Block 103, Lot 005-25). Zone I-2.

Chuck Arrasate appeared before the Commission regarding this application.  He explained that they were seeking to house a 10’x12’ shed in the rear of the building to store landscape equipment and small items related to the maintenance of that equipment.

MOTION:  Ms. Battos, Mr. Gray second, to approve Application #17-44 of Chuck Arrasate, Agent; Curaleaf, Owner; for a Site Plan Amendment for the placement of a 10’x12’ storage shed on the property located at 100 Grist Mill Road.

The site plan approval is subject to the following condition of approval:

1.  An administrative zoning permit is required for the placement of the shed.  Said permit needs to be secured before the structure is placed at the site.

2.  Shed is for storage of landscaping equipment/materials only.

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; unanimously approved.

g.  Application #17-45 of Scott Brace, PDS Engineering & Construction Co., Inc., Agent; Mitchell Auto Group, Owner; for a Site Plan Amendment for a modification to the unified sign plan on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2) and 416 Hopmeadow Street (Assessor’s Map F14, Block 143, Lot 003). Zone B-2.

Scott Brace appeared before the Commission regarding this application.  He reviewed the proposed sign changes at this location.  Mr. Rabbit reported that the applicant previously appeared before the Design Review Board and has received a favorable recommendation for approval.

MOTION:  Ms. Beinstein, Ms. Battos second, to approve Application #17-45 of Scott Brace, PDS Engineering & Construction Co., Inc., Agent; Mitchell Auto Group, Owner; for a Site Plan Amendment for a modification to the unified sign plan on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2) and 416 Hopmeadow Street (Assessor’s Map F14, Block 143, Lot 003). Zone B-2; unanimously approved.

h.  Application #17-46 of David A. Richman, Agent; Hop760, LLC, Owner; for a Site Plan Amendment for the change of use for one office space on the first floor from office use to service on the property located at 760 Hopmeadow Street (Assessor’s Map G10, Block 205, Lot 003+4). Zone SC-1.

David Richman appeared before the Commission regarding this application.  He explained that his company has finding greater success in leasing space when it is broken down into smaller spaces, noting that he has brought in three or four tenants from out of town in the last month. 

MOTION:  Ms. Battos, Mr. Gray second, to approve Application #17-46 of David A. Richman, Agent; Hop760, LLC, Owner; for a Site Plan Amendment.  The site plan approval is subject to the following condition of approval:

1.  An administrative zoning permit is required for the change of use of professional office space to personal service (hair salon); unanimously approved.

i.   Application #17-47 of Scott Brace, PDS Engineering & Construction Co., Inc., Agent; Mitchell Auto Group, Owner; for a Site Plan Amendment for an addition to the existing building on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2) and 416 Hopmeadow Street (Assessor’s Map F14, Block 143, Lot 003). Zone B-2.

Mr. Brace appeared before the Commission regarding this application.  He explained that his client is seeking an addition to the building for a drive-through service option.  Mr. Brace reported that he had communicated to the Design Review Board that another option is being considered and therefore requested to return to their next regular meeting.

MOTION:  Mr. Gray, Ms. Battos second, to continue until the October 2, 2017 regular meeting Application #17-47 of Scott Brace, PDS Engineering & Construction Co., Inc., Agent; Mitchell Auto Group, Owner; for a Site Plan Amendment for an addition to the existing building on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2) and 416 Hopmeadow Street (Assessor’s Map F14, Block 143, Lot 003). Zone B-2; unanimously approved.

j.   Application #17-48 of Chris Milliard, Phase Zero Design, Agent; Lisa Natcharian, Owner; for a sign permit for The Storyteller’s Cottage on the property located at 750 Hopmeadow Street (Assessor’s Map G10, Block 206, Lot 001). Zone SC-1.

Lisa Natcharian appeared before the Commission regarding this application.  Mr. Rabbit reported that the application was reviewed by the Design Review Board who provided a favorable recommendation for approval subject to a couple of modifications.  He reviewed those modifications with this Commission.

MOTION:  Ms. Battos, Mr. Gray second, to approve the sign permit as detailed in Exhibit 1.  This motion shall also include the following conditions:

1.  No interior illumination shall be allowed.

2.  Proposed Freestanding Sign shall be reduced to a maximum height of 4’6” with sign area remaining proportional.

2.  The applicant shall be allowed to install an additional sign on the building (Max. 2’x2’) resembling a historic plaque (i.e. Story Tellers Cottage established September, 2017) to the right or left of the main entrance door.

3.  The applicant provides a landscape plan for the base of the sign as required by the regulations (Section 6.4.7 b.1.h.) which requires 4’ of landscaping around the sign.

4.  Revised sign design, including revised sign design once it is determined that the revised design meets the three conditions above.

5.  Exterior lighting shall be submitted to the Zoning Commission for review and approved by the Director of Planning and Community Development once it is determined that the lighting is consistent with the Town’s Design Guidelines.

6.  Revised sign design, including revised dimensions shall be submitted to the Zoning Commission and reviewed.  The Director of Planning and Community Development may approve the revised sign design once it is determined that the revised design meets the conditions above; unanimously approved.

k.  Application #17-49 of William A. Ferrigno of Sunlight Construction, owner, for a proposed amendment to previously approved site plan for Workforce Housing Development change from multi-family housing to single family housing.  Also includes proposed amendment to construction sequencing associated with the property located at 22, 42, 54 Hoskins Rd. (Assessor’s Map H05, Block 403 Lot 041 and H05, Block 404, Lot 005). Zone I-1.

Bob Meyers, accompanied by his client Bill Ferrigno of Sunlight Construction, appeared before the Board regarding this application.  Mr. Meyers explained that this application includes deleting twenty-four apartment units from the approved site plan and replacing them with fifteen single-family homes, the timing of grading the hillside, the timing of the installation of storm water features, and empowering staff with regard to the emergency access road.

MOTION:  Mr. Gray, Ms. Battos second, to table Application #49 until the October 2, 2017 regular meeting at 7:00PM; unanimously approved.

l.  Application #17-50 of William A. Ferrigno of Sunlight Construction, owner, to modify original conditions of approval associated with the property located at 22, 42, 54 Hoskins Rd Workforce Housing Development. (Assessor’s Map H05, Block 403 Lot 041 and H05, Block 404, Lot 005). Zone I-1.

Mr. Meyers reminded the Commission that the site plan approval for this location had included constructing sidewalks from the development up to Route 10.  He noted that this application was necessary in order to receive the necessary approvals from the State of Connecticut Department of Transportation. 

MOTION:  Ms. Battos, Ms. Beinstein second, to approve Application #17-50 of William A. Ferrigno of Sunlight Construction, owner, to modify original conditions of approval associated with the property located at 22, 42, 54 Hoskins Rd Workforce Housing Development.

The site plan amendment approval is subject to the following conditions of approvals:

1.  Applicant shall construct a sidewalk along either the north side of Hoskins Road or the south side of Ely Road.  This side walk will connect to one constructed along the west side of Hopmeadow Street in locations approved by the Director of Public Works.

2.  The portion of sidewalk in the State of Connecticut right-of-way must be approved by CTDOT District 4.

3.  The portions of the sidewalks which are located in the Public Right of Way (i.e. Hoskins or Ely Road rights-of-way) shall be approved by the Director of Public Works prior to construction.  Plan submissions shall be based upon similar content and details as required by CTDOT District 4.

4.  Sidewalk located within the state right-of-way shall be 5 feet wide and concrete.

5.  Sidewalk located within town rights-of-way shall be bituminous concrete.  The width of these walkways shall be width(s) as determined by the Director of Public Works.

6.  Construction of sidewalks shall begin prior to the issuance of the 25th building permit.

7.  The construction of the sidewalk is to be completed prior to issuance of the 60th certificate of occupancy for the development.  The 61st certificate of occupancy is not to be approved until written approval from the Director of Public Works is provided that the sidewalks have been constructed and completed in accordance with the approved plans; unanimously approved.

VII.  GENERAL COMMISSION BUSINESS:

1.  Correspondence: Atty. Thomas J. Donohue

a.  Executive Session: Schoenhardt Stipulated Judgement

MOTION:  Mr. Gray, Ms. Beinstein second, to enter into executive session to discuss litigation associated with the Schoenhardt Stipulated Judgment and include the Director of Planning and the Assistant Director of Planning; unanimously approved.

The Commission entered into Executive Session at 8:26PM and exited at 8:35PM.

b.  Discussion and Possible Action: Schoenhardt Stipulated Judgement.

MOTION:  Mr. Gray, Ms. Battos second, to table possible action on the Schoenhardt stipulated judgment until the October 2, 2017 regular meeting at 7:00PM; unanimously approved.

2.  Correspondence: Zoning Compliance: 12 Albany Turnpike.

Mr. Glidden reported that a request for a zoning compliance letter was received on 12 Albany Turnpike.  He explained that an amended approval for the site in 1993 included a parcel north of the existing station in determining lot coverage.  Mr. Glidden explained that the parcel was sold in 2013 in violation of an approved site plan. 

Mr. Glidden also reported on a Cease and Desist Order on Old Farms Road involving clearing in a floodway.

Mr. Glidden noted that copies of Senate Bill 92, An Act Concerning Temporary Health Care Structures and information from the State of Connecticut Department of Health were included for commissioners.  He noted the bill’s effective date of October 1, 2017.  Mr. Rabbit reported that staff is working with the town’s legal counsel, Attorney Bob DeCrescenzo to draft language to administer this on the local level.  He noted that Attorney DeCrescenzo will be at the October 2, 2017 meeting and can speak to this then.

3.  POCD Update.

Mr. Rabbit reported that a public hearing was held on September 7, 2017 regarding the Plan of Conservation and Development.    He noted that the hearing was continued to September 26, 2017 to allow the Board of Selectmen time to provide their input.

4.  Review and Possibly Take Action on Zoning Commission 2018 Meeting Schedule.

MOTION:  Mr. Gray, Ms. Beinstein second, to approve the 2018 Meeting Schedule as presented; unanimously approved.

VIII.  ADJOURNMENT:

MOTION:  Mr. Gray, Ms. Beinstein second, to adjourn at 8:56PM; unanimously approved.

Respectfully submitted,

Pamela A. Colombie

Recording Clerk