Zoning Commission Minutes 10/02/2017

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, October 2, 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 and Alternate Tom Kyzivats (7:05PM).                          

ABSENT:  Alternates Vaughan Marecki.

ALSO PRESENT:  Director of Community Planning & Development, Jamie Rabbitt.

I. CALL TO ORDER:

Chairman Dave Ryan called the meeting to order at 7:02PM.

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 – SEPTEMBER 18, 2017 REGULAR MEETING:

The September 18, 2017 Regular Meeting Minutes were accepted as submitted.

IV.  PUBLIC HEARINGS:

1.   None.

V.  OLD BUSINESS:

1.  Applications.

a.  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. (public hearing set to open 10/16/2017; must be closed by 11/20/2017))

MOTION:  Mr. Gray, Ms. Battos second, to table Application #17-40 until the October 16, 2017 regular meeting; unanimously approved.

b.  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. (referred to Planning Commission 09/26/2017; public hearing set to open 11/20/2017)

MOTION:  Mr. Gray, Mr. Post second, to table Application #17-42 until the November 20, 2017 regular meeting; unanimously approved.

c.  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. (public hearing set to open 10/16/2017; must be closed by 11/20/2017)

MOTION:  Mr. Gray, Mr. Post second, to table Application #17-43 until the October 16, 2017 regular meeting; unanimously approved.

d.  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. (continued 09/18/2017; decision must be rendered by 11/22/2017)

Scott Brace of PDS Engineering & Construction Co. appeared before the Commission regarding this application.  He reviewed the site plans including the finished layout with the reduced entrance size, the elimination of asphalt, new line striping and traffic patterns. Mr. Brace reviewed the landscaping changes and utility changes.  The proposed addition plans were also presented with the notation that the application has gone before the Design Review Board.

Mr. Rabbitt reported that the Design Review Board found that the ACM would balance the southern elevation and northern elevation.  Mark Mitchell from the Mitchell Auto Group noted that ACM was the preferred choice, opining that it is a clean look.  He noted that the Design Review Board conducted a site visit and concurred.

The pedestrian walkway was discussed and whether it should be a stamped asphalt or stamped concrete to clearly delineate it. 

MOTION:  Mr. Gray, Ms. Battos second, to approve 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.

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

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. In addition, the applicant shall provide a concrete walkway/sidewalk in front of proposed addition that clearly delineates pedestrian movements verses vehicle movements. 

2.  Full architectural renderings (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 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.  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.

7.  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.

8.  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.

9.  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;

unanimously approved.

e.  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. (continued 09/18/2017; decision must be rendered by 11/22/2017)

It was noted that the amended site plan was submitted only late last Thursday, September 28, 2017 and was currently being reviewed by this Commission’s staff and the Engineering Department.  William Ferrigno appeared before the Commission regarding this application.  He explained that the development is proposed to be amended to go from 88 units to 79 units.  Additionally, Mr. Ferrigno explained that the units will now be single-family units rather than apartments. 

It was also noted that the amendment includes three additional changes including the sequencing of the grading of the hill, authorizing the Director of Planning and Community Development to wiggle the emergency driveways and the construction sequencing with respect to the installation of rain gardens.

MOTION:  Mr. Post, Ms. Beinstein second, to table Application #17-49 until the October 16, 2017 regular meeting; unanimously approved.

VI.  NEW BUSINESS:

1.  Receipt of New Applications.

a.  Application #17-51 of Phil Gelineau, Agent; Tom Ryan, Simsbury Town Shops, LLC, Owner; for a sign permit for L Designs Hair Salon on the property located at 926 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zone SC-3. (to be received 10/02/2017; decision must be rendered by 12/06/2017)

Mr. Rabbitt explained that this application proposes an alternative to the signage on the canopies at this location and to allow one sign above the entrance door for the hair salon.  It was noted that there will no longer be any more Taekwondo signs at this location.  Additionally, it was noted that the Design Review Board has forwarded a favorable recommendation for approval. 

MOTION:  Mr. Post, Mr. Doyle second, to approve Application #17-51 of Phil Gelineau, Agent; Tom Ryan, Simsbury Town Shops, LLC, Owner; for a sign permit for L Designs Hair Salon on the property located at 926 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zone SC-3; unanimously approved.

Mr. Kyzivats stepped out of the Main Meeting Room at 7:38PM prior to the discussion of Application #17-52.

b.  Application #17-52 of Lawrin Rosen, ArtFX, Agent; Mitchell Auto Group, Owner; for a Site Plan Amendment for changes to the unified sign plan on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2). Zone B-2. (to be received 10/02/2017; decision must be rendered by 12/06/2017)

MOTION:  Mr. Doyle, Ms. Beinstein second, to table Application #17-52; unanimously approved.

Martin Stein of 40 Hoskins Road began to ask process questions relative to an emergency access on a pending application.  He was advised that his questions and/or comments should be directed to staff.  No further discussion ensued.

Mr. Kyzivats returned to the Main Meeting Room at 7:42PM.

VII.  GENERAL COMMISSION BUSINESS:

1.  Correspondence: Atty. Thomas J. Donohue

a.  Executive Session: Schoenhardt Stipulated Judgement

Mr. Rabbitt reported that Attorney Bob DeCrescenzo had a scheduling conflict but will very likely be able to attend this Commission’s October 16, 2017 regular meeting.

MOTION:  Ms. Battos, Mr. Gray second, to table Correspondence:  Att. Thomas J. Donohue until the next regular meeting; unanimously approved.

b.  Discussion and Possible Action: Schoenhardt Stipulated Judgement.

No business discussed.

2.  Correspondence: Zoning Compliance: 12 Albany Turnpike.

Mr. Rabbitt reminded the Commission that correspondence was received regarding 12 Albany Turnpike, noting that there are some compliance issues.

3.  POCD Update.

Mr. Rabbitt reported that the Planning Commission adopted the updated Plan of Conservation and Development with an effective date of November 1, 2017. 

It was requested that Temporary Health Care Structures be added as an agenda item for the October 16, 2017 regular meeting.

VIII.  ADJOURNMENT:

MOTION:  Mr. Gray, Mr. Doyle second, to adjourn at 7:47PM; unanimously approved.

Respectfully submitted,

Pamela A. Colombie

Recording Clerk