Zoning Commission Minutes 10/16/2017

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, October 16, 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 Alternate Tom Kyzivats.                          

ABSENT:  Gerald Post and Alternates Vaughan Marecki.

ALSO PRESENT:  Town Planner Jamie Rabbitt.

I. CALL TO ORDER:

Chairman Dave Ryan called the meeting to order at 7:00PM.

II.  ROLL CALL:

1.  Appointment of Alternates.

Mr. Kyzivats was seated for Mr. Post.

III.  APPROVAL OF MINUTES – OCTOBER 2, 2017 REGULAR MEETING:

The October 2, 2017 Regular Meeting Minutes should be modified as follows:

In the seventh paragraph of the second page, (line 79), the portion of text that reads, “…In addition, the applicant shall provide a concrete walkway/sidewalk in front of proposed addition that clearly delineates pedestrian movements versus vehicle movements…” should be omitted and in its place, the following language should be added, “…The revised plans shall show concrete sidewalks in front of the addition…”.

MOTION:  Mr. Doyle, Mr. Gray second, to approve the October 2, 2017 Regular Meeting Minutes as modified; unanimously approved.

IV.  PUBLIC HEARINGS:

1.  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.

Ms. Beinstein recused herself from this application and left the Main Meeting Room prior to the beginning of the Public Hearing.

Tim Martin of 11 Porter Street, Lakeville appeared before the Commission regarding this application.  Mr. Martin explained that litigation has occurred regarding the development of this lot and discussed the two and one-half year history of that litigation.  Mr. Martin reported that he had been advised that the lot would qualify as a rear-lot subdivision.   He noted that by a suggestion of the courts, he was requesting to use the property in its current configuration. 

Mr. Martin addressed points raised in a letter from Mr. Rabbitt to Mr. Ryan, dated October 16, 2017.  Mr. Martin submitted a signed and sealed A2 survey along with eleven copies of his proposed development plan.  He noted that he has satisfied the comments numbered 5, 6, 7, and 8.  With regards to the comment, numbered 9, he indicated his agreement, explaining that there was no parcel to divide as it has already been divided.

It was noted that Mr. Martin has submitted at the time of this meeting a drawing entitled “Site Plan, Prepared for Tim Martin Project Location:  Lark Road, Simsbury, Connecticut  Drawing C-1, dated 2/10/14 with a final revision date of 03/17/2014” prepared by Paul Perswick, PE.  Mr. Martin also submitted at this meeting an A2 Survey that the Site Plan was based off, entitled, “Division Plan 9 Dogwood Lane, Simsbury, Connecticut, Zone R-40 dated January 18, 2015”, prepared by Henry C. Cotton & Associates, Land Surveyors and Consultants.

Mr. Martin indicated that he does not want to have his application denied based on it being incomplete.

The hearing was open to the public.  No comments were received.

MOTION:  Mr. Gray, Mr. Doyle second, to continue the public hearing regarding Application #17-40 to the November 20, 2017 Regular Meeting; Motion passed with Mr. Ryan, Mr. Gray, Mr. Doyle, Ms. Battos and Mr. Kyzivats voting aye.

Ms. Beinstein rejoined the meeting, returning to the Main Meeting Room at 7:27PM.

2.  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.

Stephen Repka of 347 West Mountain Road, West Simsbury appeared before the Commission regarding this application.  Mr. Repka explained that the home he resides at currently had been converted from a four-bedroom house to a three-bedroom house prior to his owning it.  His proposal includes creating a fourth bedroom over his garage.   It was noted that the septic system had been deemed adequate as it had been originally designed for a four-bedroom dwelling.  Mr. Repka explained that the access to the fourth bedroom is through the home with no new exterior entrances proposed.

It was noted that formal confirmation from Farmington Valley Health District confirming that the onsite utilities can support the conversion should be received prior to a determination by this Commission.  Mr. Rabbitt referred to staff recommendations contained in a memorandum to this commission dated October 12, 2017 from Assistant Town Planner Michael Glidden wherein he indicated the administrative matters that should be satisfied prior to approval.

The hearing was open to the public.  No comments were received.

MOTION:  Mr. Gray, Mr. Doyle second, to continue the public hearing regarding the Application #17-43 to the November 20, 2017 Regular Meeting; unanimously approved.

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.

MOTION:  Mr. Gray, Mr. Doyle second, to table Application #17-40; 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.

MOTION:  Mr. Gray, Mr. Kyzivats second, to table Application #17-42 until the next regular meeting on November 20, 2017; 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.

MOTION:  Mr. Gray, Mr. Doyle second, to table Application #17-43 until the next regular meeting on November 20, 2017; unanimously approved.

d.  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.

Attorney Bob Meyers, along with his client Sunlight Construction President William Ferrigno, appeared before the Commission regarding this application. He reported that they had the opportunity to review staff’s suggested conditional approval and but for a question with #8 contained in that draft, there was no objection with the proposed language.  The conditions contained within a correspondence from Mr. Rabbitt to Mr. Ryan, dated October 16, 2017, were reviewed and discussed.

MOTION:  Mr. Doyle, Ms. Battos second, to approve Application #17-49 of William A. Ferrigno of Sunlight Construction for a proposed amendment to previously approved site plan for Workforce Housing Development change from multi-family housing to single family housing and 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 Map H05, Block 404, Lot 005).

Plans entitled “Sunlight Construction, Avon, Connecticut, Cambridge Crossing, Hoskins Road, Simsbury, CT”, August 27, 2015, revised September 28, 2017.

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 filling the recording set with the Town of Simsbury.

2.  A duplicate base map appears on all plan sheets offset slightly resulting in illegible notations throughout.   It is recommended that the Applicant remove the duplicate base map and verify the proposed coordinates shown are correct.

3.  The applicant should include a boundary and existing conditions survey of the property certified to A-2/T2 standards as part of the final submitted plan set.

4.   All final plans shall have the applicable professional stamp and signature.

5.  Building permits for home suites labeled SF-7 through SF-18 on plan set titled, “Cambridge Crossing”, revision date 09/28/2017, may not be issued prior to the stabilization of the adjacent slope until regrading of the slope on the western edge of the project is graded and determined to be stable by the Design Engineer.

6.  Building permits for proposed new buildings shall not be issued until the commission receives verification that Aquarion Water Company has reviewed and signed off on the proposed configuration for water services.

7.  The plans shall be modified to include an 8” sanitary sewer extending toward each cluster of houses with lateral tie-ins appropriately spaced.

8.  The plans shall be modified to include roof leaders serving the new buildings as noted on Sheet 6.02 (notated but not depicted).

9.  The applicant shall modify the plans and provide RCP flared end at the 8” emergency overflow outlet at Infiltration Basin A.

10.  The applicant shall provide plans depicting final design and location of proposed Compressed Natural Gas main on site and leading to site as approved by Connecticut Natural Gas.

11.  The applicant shall submit a copy of the Connecticut DEEP Storm Water Management Plan to the Engineering Department prior to the issuance of any building permit on the site.

Motion unanimously passed.

e.  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.

Mr. Rabbitt reported that this application had been tabled by the Design Review Board.

MOTION: Mr. Gray, Mr. Doyle second, to table Application #17-52 to the next regular meeting on November 20, 2017; unanimously approved.

VI.  NEW BUSINESS:

1.  Receipt of New Applications.

a.  Application #17-53 of The LRC Group, Agent; St. Mary’s Church Corporation, Owner; for a Site Plan Approval for an addition to the existing church and school on the properties located at 940 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001); 942 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001); 944 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002); 946 Hopmeadow Street (Assessor’s Map H08, Block 227, Lot 002); 948 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002); and 950 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zone SC-1.

Landscape Architect Henry Thomas of The LRC Group, accompanied by that company’s staff engineer Rich Reynolds, appeared before the Commission regarding this application.  Also accompanying Mr. Thomas and Mr. Reynolds were Hugh Pearson of Moser Pilon Nelson Architects and St. Mary’s Church Campus Connection Staff Member Bill Heiden.

Mr. Thomas reviewed the proposed site plan for a mostly two-story addition to St. Mary’s Church, noting that it will serve both church and school functions as well as physically act as a connection. 

He reviewed the current three curb cuts that exist at the school currently.  Mr. Thomas reviewed the current traffic flow as well as improvements that will be created as part of the proposed traffic pattern.  Pick-up and drop-off routines were reviewed by Mr. Pearson.  He also reviewed the proposed floor plans and exterior architectural plans.  Mr. Reynolds presented and reviewed the storm water drainage plans.  Lighting was also briefly reviewed by Mr. Thomas.

Mr. Heiden reported that weather permitting, the church hopes to break ground right after the new year and to complete construction at the end of 2018.

MOTION:  Mr. Gray, Ms. Battos second, to table Application #17-53 until the November 20, 2017 regular meeting; unanimously approved.

MOTION:  Mr. Doyle, Mr. Gray second, to amend the agenda to add Receipt of Application #17-54 of The LRC Group, Agent; St. Mary’s Church Corporation, Owner; for a Special Exception pursuant to Article Seven, Section M.4b.4, of the Town of Simsbury Zoning Regulations for filling and grading of land in a Floodplain Zone on the properties located at 940 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001); 942 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001); 944 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002); 946 Hopmeadow Street (Assessor’s Map H08, Block 227, Lot 002); 948 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002); and 950 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zone SC-1; unanimously approved.

b.  Application #17-54 of The LRC Group, Agent; St. Mary’s Church Corporation, Owner; for a Special Exception pursuant to Article Seven, Section M.4b.4, of the Town of Simsbury Zoning Regulations for filling and grading of land in a Floodplain Zone on the properties located at 940 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001); 942 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001); 944 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002); 946 Hopmeadow Street (Assessor’s Map H08, Block 227, Lot 002); 948 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002); and 950 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 002). Zone SC-1.

MOTION:  Mr. Doyle, Mr. Gray second, to schedule a public hearing for Application #17-54 for November 20, 2017 in the Town Hall’s Main Meeting Room at 7:00PM; unanimously approved.

VII.  GENERAL COMMISSION BUSINESS:

1.  Correspondence: Atty. Thomas J. Donohue.

a.  Executive Session: Schoenhardt Stipulated Judgement.

No business discussed.

b.  Discussion and Possible Action: Schoenhardt Stipulated Judgement.

No business discussed.

VIII.  ADJOURNMENT:

MOTION:  Mr. Gray, Mr. Doyle second, to adjourn at 8:49PM; unanimously approved.

Respectfully submitted,

Pamela A. Colombie

Recording Clerk