Zoning Commission Minutes 10/17/2016
Town of Simsbury Zoning Commission
Monday, October 17, 2016 at 7:00pm
Simsbury Town Hall – Main Meeting
933 Hopmeadow Street, Simsbury, CT
Regular Meeting
Minutes – Subject to Vote of Approval
1. Call To Order: The meeting was called to order at 7:15pm.
2. Roll Call - Members present were: Chair David Ryan, Jacqueline Battos, Kevin Gray, Donna Beinstein, Derek Peterson, alternate Bruce Elliot, and alternate Michael Doyle. Director of Planning and Community Development, James Rabbitt, and Assistant Town Planner, Michael Glidden, were also present.
• Appointment of Alternates: Michael Doyle was seated for absent member Gerald Post.
3. Approval of Minutes of September 19, 2016 Regular Meeting - Derek Peterson moved to approve the minutes of the September 19, 2016 Regular Meeting. Michael Doyle seconded. The vote passed unanimously.
4. Public Hearings:
a. Application #16-39 of Robert M. Bourke, Esq., Petitioner, for text amendments to the Town of Simsbury Zoning Regulations to: Article 7, Section B, to permit farm vineyards and wineries in all residential zones as permitted uses subject to site plan approval; such facilities would be allowed to hold special events/promotions and sell products at retail. (Public hearing to be opened 10/17/2016. Public hearing must be closed by 11/21/2016) - Bob Bourke, a resident from Banks Road, and with him Marshall Epstein from Rosedale Farm. Mr. Bourke has had discussion with Simsbury Town Hall staff concerning the text amendments he proposes. Mr. Bourke stated the provisions in place go back 30, 40, 60 years and he and others felt the town really need to have something in the regulations so someone who wants to do something like an event will have specific guidelines and people in town will know what is permitted. This applies to farms with at least 75 contiguous acres. Mr. Bourke wants to sell his product on the property, would like to have wine dinners and certain festivals without having to apply for a special permit each time. Mr. Bourke would like to see the regulations be restrictive and product-specific so people know what they can and cannot do: dinners with restrictions; restrictions on buildings; hours of operation; restrictions on parking; number of events; wine tastings on the property; the ability to sell product on the property; in order to “give teeth” to the Commission and information to the town. This is very specific to the product made on the property. Director of Planning and Community Development James Rabbitt gave the Commission a letter regarding the administrative aspects. Mr. Rabbitt informed the Commission that Staff helped Mr. Bourke in structure and some of the language of the proposed text; they did not suggest the amount of events, intensity of use, etc. … The Commission reminded the audience that they are trying to rewrite their regulations, and there was some concern if the text was added before the rewrite that the Commission would go back after the rewrite and find inconsistencies. The Commission also felt no one has been disadvantaged under the current regulations. Mr. Bourke stated this would be for the citizens who want to do something on their farm so they would have something to look at, doing away with the archaic process.
i. Joan Coe, 26 Whitcomb Drive, stated she has lived in town 26 years and urges the Commission to deny the text amendment. Ms. Coe felt that the properties affected were preserved as agricultural and this could have unintended consequences. Eventually these could evolve into Stew Leonard Markets, and the town should not be in the business of spot zoning. Ms. Coe felt it was a self-serving request and should be denied.
ii. John Teller of Tellers Farm, 255 Farms Village Road, stated changes are facing farms across the state. One thing that is struggled with in agriculture is it is a land based business. Mr. Teller stated farmers have to come through the Commission every single time they want to do something. The Commission always grants it but they do not have to. The text amendment is more specific for his liking, but it is an integral thing to get to a little clearer picture of what is allowed. One thing that is changing in Connecticut is the agriculture and the way people want to receive things. If farms are going to be viable in the future and people want to farm, you need to perhaps put a little more language in your regulations about agriculture.
iii. Bob Duguay, 11 Nod Brook Drive, stated farming is a commercial enterprise and this would give any opportunity to everyone who wants to run a business. Mr. Duguay has been to a wedding at a winery and is largely supportive as a citizen.
Derek Peterson commented that reapplying for events and having to pay fees allows the Commission access to what is happening at the farms. It is not necessarily a control issue, but a safety issue. Mr. Peterson understands the frustration of having to come back every year, but it keeps the Commission abreast of what is going on and how to address changes. Donna Beinstein observed there were a lot of events weekly… monthly…. Jackie Battos proposed limiting events from April to November. Mr. Bourke stated there is no way they are doing all those events, they do not want to become an events place. The proposed regulations have to apply across the board, hence they are written that way. Checks and balances are there. Kevin Gray moved to table application #16-39 until the November 21, 2016 7:00pm Regular Meeting. Derek Peterson seconded. The vote passed unanimously.
b. Application #16-40 of Robert M. Bourke, Esq., Petitioner, for Text Amendments to the Town of Simsbury Zoning Regulations to: Article 7, Section B, to permit large acreage agricultural farms in all residential zones as permitted uses subject t site plan approval; such farms would be allowed to hold special public and private events, sell products at retail, and operate commercial kitchens. (Public hearing to be opened 10/17/2016. Public hearing must be closed by 11/21/2016). - Mr. Bourke stated this application had the same introduction as the first. Mr. Bourke stated this amendment prohibits what Mrs. Coe is concerned about. Anything that they want to do building-wise goes through the Historic District; checks and balances. There are restrictions to avoid large commercial operations. This is to provide guidance. If someone wants bigger regulations it can be provided for. This is written town-wide, with restrictions in there for protection and to maintain the farming agricultural aspect. Donna Beinstein questioned how many other farms would be affected by this in town. Cull Road, Rosedale, Hall, Tulmeadow, Folly, and the Pickin Patch were listed by the Commission. Janna Hall from Hall’s Farm stated she is very interested in this but their property is not contiguous and she would like to see something built in as well to accommodate them. James Rabbitt addressed a letter to the Commission regarding staff referring the application to the Planning Commission, which on their September 27, 2016 meeting requested staff to formulate/prepare a draft motion based on the Planning Commission’s discussion that evening. Mr. Rabbitt stated the proposed amendment can be more restrictive, but it cannot be less restrictive. James Rabbitt stated the intent of this text is to solidify the regulations. Farms in the regulations must be more than 5 acres. Farms smaller than 5 acres could still go to the Zoning Commission to request special events if these text amendments are passed. There are a lot of grey areas in the regulations that allow a farmer says they can do this, but the staff interprets it differently. Mr. Rabbitt said Staff suggested tabling the application until the next Regular Meeting in November. Derek Peterson moved to table application #16-40 until the next Regular Meeting, November 21, 7:00pm. Kevin Gray seconded. The vote passed unanimously.
5. Old Business:
a. Applications:
a. Application #16-31of Brian Denno, Denno Land Surveying, Agent; Frank J. Sidoti, Jr., Owner; for a Special Permit Exception pursuant to Article 7 Section 9 of the Simsbury Zoning Regulations for an accessory dwelling unit above the proposed garage on the property located at 9 Nod Brook Drive (Assessor’s Map C19, Block 510, Lot 044). Zone R-40. (Received 7/11/2016, 65 day extension granted, decision must be rendered by 11/18/2016). - Mr. Denno was unable to be in the audience. Chair David Ryan spoke to the town attorney concerning the location of the proposed building in respect to front, rear, and side setbacks, and whether or not taking down a building and then building a building would fit within the conversion regulations. The town attorney answered the sitting on the property was OK, and the conversion is not a conversion if the building is torn down and replaced with another building. Therefore it is not a conversion under Simsbury regulations. Derek Peterson questioned what it the minimal amount to make it a conversion? Does it have to have four walls remaining? A support structure? James Rabbitt answered there is a significant amount of case law. The clear issue is they are raising an existing structure and building anew, and by terminology and regulations an accessory apartment may be located in an existing accessory building which may be expanded. Chair Ryan questioned whether the applicant, not being present at the meeting, was aware of town attorney. Mr. Rabbitt had a phone conversation with Brian Denno explaining counsel’s interpretation that he cannot raise and rebuild, he can only expand. Mr. Rabbitt reminded the Commission that the hearing is closed and they cannot and the applicant cannot provide any more testimony. Michael Doyle moved to table application #16-31 until our next regularly scheduled meeting on November 21st at 7:00pm and also ask that staff and council draft a motion for us. Derek Peterson seconded. The vote passed unanimously.
b. Application #16-35 of Matt Wittmer, Phase Zero Design, Agent: Mitchell Auto Group, Inc., Owner; for a Site Plan Amendment for changes to the facades for Quick Lane on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001-2). Zone B-2. (Received 07/11/2016; 65 day extension granted; decision must be rendered by 11/18/2016) – James Rabbitt stated the application had a recommendation from Design Review. The applicant appeared before Design Review with specific architecture and landscape a month ago. Design Review approved the application. The applicant appeared before Design Review this evening with modifications. Design Review did not approve the modifications this evening. The plan presented before the Zoning Commission may not be what Design Review approved of previously. Christian Lark of Phase Zero Design addressed the Commission stating Mr. Wittmer did a full site survey evaluating grading and utility conditions, and addressed a little bit of curbing in the layout. There is also accommodation for some handicapped parking. Mr. Lark stated the impact on the site is fairly minimal. There are 1-2 extra parking spots, the quantity of parking next to the building being reduced. The building remains as previously presented. Donna Beinstein asked if the trees have changed. Originally there were trees along the streetscape, those have been removed recently. Mr. Wittmer stated he had the trees pruned and they were pruned too short and died. James Rabbitt had the original plans dated July 8, 2016 and the revision of October 17, 2016. The top was rejected by Design Review. The bottom was accepted by Design Review. The recommendation was to restore the plantings to what was originally submitted, recommending Sugar Maples because they have a 100 year life span and crown at 20-30 feet. The Commission inquired if the trees removed were part of the original proposal, and were they removed for additional planting. Mr. Rabbitt answered no, not part of the original plan, and they were historically removed about 18 months ago. The applicant urged the Commission to move as quickly as they can on the application. Chair Ryan felt the Commission should go along with the recommendation of the Design Review, supporting the original application. Michael Doyle moved to approve application #16-35 but it needs to include the planting plans submitted on July 8, 2016. Kevin Gray seconded. The vote passed unanimously.
Kevin Gray moved to amend the agenda to take up #16-46 and #16-47. Michael Doyle seconded. The vote passed unanimously.
6. New Business:
a. Receipt of New Applications:
a. Application #16-46 of Chris Milliard, Phase Zero Design, Agent; Mitchell Auto Group, Inc., Owner; for a Site Plan Amendment for a unified sigh plan on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001+2). Zone B-2. (To be received 10/17/2016; decision must be rendered by 12/21/2016) - Staff recommended tabling the application. The applicant also favored tabling at this time
b. Application #16-47 of Chris Milliard, Phase Zero Design, Agent; Mitchell Auto Group, Inc., Owner; for a Site Plan Amendment for changes to the facades at the Volvo dealership on the property located 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001+2). Zone B-2. (To be received 10/17/2016; decision must be rendered by 12/21/2016) – Same recommendation as above application #16-46. Derek Peterson moved to table application #16-46 and #16-47 until the next Regular Meeting on November 21. Donna Beinstein seconded. The vote passed unanimously.
5. Old Business Continued:
a. Applications Continued:
iii. Application #16-39 of Robert M. Bourke, Esq., Petitioner, for text amendments to the Town of Simsbury Zoning Regulations to: Article 7, Section B, to permit farm vineyards and wineries in all residential zones as permitted uses subject to site plan approval; such facilities would be allowed to hold special events/promotions and sell products at retail. (Public hearing to be opened 10/17/2016. Public hearing must be closed by 11/21/2016) – No action taken
iv. Application #16-40 of Robert M. Bourke, Esq., Petitioner, for Text Amendments to the Town of Simsbury Zoning Regulations to: Article 7, Section B, to permit large acreage agricultural farms in all residential zones as permitted uses subject t site plan approval; such farms would be allowed to hold special public and private events, sell products at retail, and operate commercial kitchens. (Public hearing to be opened 10/17/2016. Public hearing must be closed by 11/21/2016). – No action taken.
v. Application #16-42 of Dave Carpenter, Carpenter Electric/Baystate Energy Solutions, Agent Simmac Enterprises, Owner, for a Site Plan Amendment for a lighting retrofit plan on the property located at 22 Albany Turnpike (Assessor’s Map A20, Block 503, Lot 002C). Zone B-3. (Received 09/19/2016; decision must be rendered by 11/23/2016) – Pete Chapman, Advance Energy Group, Eversource contractor, was representing the applicant who was not present. The new lighting would be for the parking lot of McDonald’s. The owner is taking advantage of the Energy Efficiency Program being offered by Eversource to take advantage of LED lighting. Eight years ago it was retrofitted to induction lighting. The lights will be moved from 45° angles to 90° angles so the light will be directed more down. Chair Ryan asked what the power difference will be for the new lights. The new lights will be 136 watt single heads. It is more direct light with a reduction in glare and a backlight control so there is no overflow into the perimeter properties. Derek Peterson moved to approve Application 16-42; application of David Carpenter on behalf of RHC Associates for a site plan amendment for a lighting retrofit plan on the property located at 22 Albany Turnpike (Assessor’s Map A20, Block 503, Lot 002-B) and Albany Turnpike (Assessor’s Map A20, Block 503, Lot 002C). Zone B-3. The site plan amendment approval is subject to the following conditions:
Lighting placement is pursuant to plans titled “Point by Point foot candle plot for McDonalds” dated 2/16/16 prepared by Security Lighting.
Lighting fixtures shall be “Security Lighting System” manufactured by Hubbell Lighting per Qualified Products List received September 02, 2016 by Simsbury Planning Department.
Minor field adjustments to lighting placement may be made based on field conditions upon Town’s Zoning Commission to act on their behalf.
A zoning permit will be required for the light’s installation.
Michael Doyle seconded. The vote passed unanimously.
6. New Business Continued.
a. Receipt of New Applications:
iii. Application of TJ Donohue, Jr., Agent; Simsbury LLC, (The Silverman Group), Owner; for The Hartford-Simsbury Form Based Code Master Development Plan on the property located at 200 Hopmeadow Street (shown as Assessor’s Map F17, Block 154, Lot 009-3). Zone HS-FBC. (To be received 10/17/2016; decision must be rendered by 12/21/2016). – There may be a need to schedule a Public Hearing as to whether the application conforms and how it conforms to the Form Based Code. Mr. Donahue gave an overview. James Rabbitt informed the Commission that it is their choice to hold a Public Hearing or not, but staff recommends a Public Hearing. The most appropriate time for testimony would be during a Public Hearing. The application should be deliberated on by the 6 Commission members; alternates should not participate, except during the hearing process if they need to ask questions. Derek Peterson moved to schedule a Public Hearing on November 21, for application 16-44. Donna Beinstein seconded. The vote passed unanimously.
Mr. Donahue stated that this is a unique application. Joining Mr. Donahue was Dan Lacey of the Silverman Group, Paul Vitaliano and Stephen Derdiarian of VHB, Chris Russ of CA Senior Living, and David Minno of Minno Wasko Architects and Planners. Mr. Donahue stated the property is zoned for the application, and they are modifying to fit the reality of the market place. The design will support a walkable mentality so pedestrian scale will be emphasized over motor vehicle scale. The applicant has a strong desire to move forward and hopes to proceed as soon after November 21 as possible. The applicant does not want to release or expend extraordinary amounts of money without confirmation of support from the Commission. James Rabbitt stated the application has been submitted to Design Review. The applicant will continue to provide supplemental materials to staff and the Commission.
iv.Application #16-45 of Richard D. Wagner, Jr., Agent; 1285 Hopmeadow Street, LLC, Owner, for a Site Plan Amendment pursuant to Article 7, Section E.2 of the Town of Simsbury Zoning Regulations for a change of use for the personal service business CrossFit Simsbury on the property located at 1285 Hopmeadow Street (Assessor’s Map 105, Block 403, Lot 017). Zone B-2. (To be received 10/17/2016; decision must be rendered by 12/21/2016) – Derek Peterson moved to table Application 16-45. Donna Beinstein seconded. The vote passed unanimously.
v. Application #16-46 of Chris Milliard, Phase Zero Design, Agent: Mitchell Auto Group Inc., Owner, for a Site Plan Amendment for a 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 10/17/2016; decision must be rendered by 12/21/2016) – Tabled
vi. Application #16-47 of Chris Milliard, Phase Zero Design, Agent; Mitchell Auto Group, Inc., Owner; for a Site Plan Amendment for changes to the facades at the Volvo dealership on the property located at 384 Hopmeadow Street (Assessor’s Map F14, Block 145, Lot 001+2). Zone B-2. (To be received 10/17/2016; decision must be rendered by 12/21/2016). – Tabled
vii. Application #16-48 of Robert Bylykbashi, Agent; Twenty Two GC 2012 LLC., Andreo Family Enterprises, Owner; for a Site Plan Amendment for modifications to People’s Choice Restaurant on the property located at 836 Hopemeadow Street (Assessor’s Map H09, Block 227, Lot 001A+1B). Zones SC-3 and SC-4. (To be received 10/17/2016; decision must be rendered by 12/21/2016). – The applicant is working with James Rabbitt on designs. The applicant wants to add an outdoor patio at the current location with a small bar and dining room. The patio would be on the Iron Horse side. Design Review did act favorably on this. The applicant has to post signs 10 days before a Public Hearing, which he will be doing. The staff is working with the applicant on landscaping and parking, and if this comes to fruition staff recommends approval pending approval of the landscape plan. Michael Doyle moved to table application 16-48 to the next regularly scheduled meeting November 21 at 7:00pm. Derek Peterson seconded. The vote passed unanimously.
viii. Application #16-49 of Mark and Patricia Boudreau, Owners, for a Special Exception pursuant to Article 7, Section C.1 of the Town of Simsbury Zoning Regulations for a home occupation on the property located at 25 Crestview Road (Assessor’s Map J05, Block 114, Lot 085). Zone R-15. (To be received 10/17/2016; decision must be rendered by 12/21/ 2016). - The application for home occupation is for 21 Crestview Road. Staff recommends moving the process along to the November 21, 2016 meeting for Public Hearing. Initially this will be a pick-up and delivery, but the applicant wants to follow through with the process. Derek Peterson moved to schedule a Public Hearing for Application 16-49 at the next Regular Meeting, November 21, at 7:00pm. Kevin Gray seconded. The vote passed unanimously.
7. General Commission Business:
a. Discussion of New and Ongoing Projects
i. Zoning Regulations revisions: General Discussion
a. Glenn Chalder, Planimetrics: With the Commission’s blessing Mr. Chalder is ready to start crafting the resolution. Mr. Chalder made some tweaks to Module 3 business zones. Mr. Chalder discussed Module 3 Section 4 special conservation districts and the floodplain overlay zones. The town is required to have floodplain protection to prevent people from building in floodplains. There are still some vestiges in the old floodplain language that need to be addressed. With James and Mike and DEEP they will review the flood plain regulations. The second major component is the aquifer protection. There will also be an overlay zone concerning the aquifer zone. Simsbury years ago was the first town to develop its own local aquifer zone protection regulation. Mr. Chalder pointed out the local- and state-defined aquifer areas on a map. Mr. Chalder recommended modifying the local aquifer protection zones in the revised regulations. James Rabbitt explained that the commission is receiving information in digestible chunks, and that the consultants are now ready to craft the resolution. The regulations will be a lot more straight-forward after the revision gets started. Kevin Gray asked if they will incorporate the residential section the way it is now. James Rabbitt replied yes, and if cause they will make suggestions . Once the revisions are finished, there will be a Public Meeting in June, and the project will be set for completion in July.
8. Adjournment: Derek Peterson moved to adjourn the meeting at 9:41pm. Michael Doyle seconded. The meeting was adjourned.
Recorded By:
Kimberly Cyr, Clerk
Simsbury Zoning Commission