Zoning Commission Minutes 11/20/2017

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, November 20, 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 16, 2017 REGULAR MEETING:

The October 16, 2017 Regular Meeting Minutes were accepted as presented.

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.  He explained that despite having requested comment from Town staff via email and voicemail, he received a copy of a correspondence from Mr. Rabbitt to Mr. Ryan dated November 17, 2017 at this meeting.  Mr. Martin reminded Commissioners that this lot is one created from a free-split by Mars Beech.  He reported that septic system approval was received from the Farmington Valley Health District.   Mr. Martin suggested that this Commission not get involved in the wetlands review aspect of his proposed development. 

Mr. Martin explained that he has a claim pending regarding this site for an inverse condemnation claim against the Town.  He reported that he had been advised to investigate using this property under the rear-lot subdivision regulations.  Mr. Martin noted that what was implied was that he ought to merge this site with 9 Dogwood Lane.  He explained that even if merged, it would still not meet the requirements of the rear-lot subdivision requirements. 

Mr. Martin disagreed with the assertions made in Mr. Rabbitt’s communication regarding the surveys.

Mr. Rabbitt clarified Paragraphs 7 and 8 of his November 17, 2017 communication to Mr. Ryan.  He had referenced the Perkins map when what he meant to reference was the map prepared by Professional Engineer Paul Perlsweig.  Mr. Rabbitt provided a corrected copy of that communication for the record.  

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

As the Towns Attorney Bob DeCrescenzo was present, his counsel was sought as to whether there was any way to resolve this matter. He noted that he had nothing to add to the finding of Mr. Rabbit in that the information submitted by the applicant as part of their submission to the Zoning Commission does not meet the requirements of the Zoning Regulations as submitted.  He noted that there was a detailed memo reflecting the areas that staff have found the application to be deficient and advised them to consider what is before them.

Mr. Martin reminded the Commission that Mr. Rabbitt’s memorandum indicates the application is incomplete, and opined that he would never be able to meet those items as he is unable to show what cannot be shown.  Should the Commission deny his application, Mr. Martin urged them to so with a finding that his proposal does not qualify for a rear-lot subdivision.  

MOTION:  Mr. Kyzviats, Mr. Doyle second, to close the public hearing; Motion passed with Mr. Ryan, Ms. Battos, Mr. Kyzviats, Mr. Doyle and Mr. Gray voting aye. 

Ms. Beinstein rejoined the meeting, returning to the Main Meeting Room at 7:23PM.

2.  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.

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

Mr. Rabbitt reminded commissioners that they have received a copy of a correspondence from him to Mr. Ryan dated November 17, 2017 regarding this application.  He summarized the contents of that communication.  The Planning Commission’s negative referral of this application was noted.  It was also noted that the Capital Regional Council of Governments found no conflict with the regional Plan of Conservation and Development. 

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

Discussion ensued regarding this application and the number of signs that may result by adopting this text amendment. 

MOTION:  Mr. Gray, Mr. Doyle second, to close the public hearing; Motion passed with Mr. Ryan, Ms. Beinstein, Mr. Kyzviats, Mr. Doyle and Mr. Gray voting aye. 

Ms. Battos rejoined the meeting, returning to the Main Meeting Room at 7:37PM.

3.  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 reminded the Commission that the proposal includes constructing a fourth bedroom above the garage at his home. Mr. Rabbitt confirmed receipt of two notarized documents, one dated November 8, 2017 with Mr. Repka certifying that the premises at 347 West Mountain Road will continue to be owner-occupied after the requested modifications are complete and the second document also dated November 8, 2017 certifying the public notice signs. 

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

MOTION:  Mr. Gray, Ms. Beinstein second, to close the public hearing regarding Application #17-43; unanimously approved.

4. 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.

Hugh Pearson of The LRC Group appeared before the Board regarding this application.  He explained that there had been an error in the timing of the posting of the sign and requested a continuation to the December 4, 2017 regular meeting.  Mr. Rabbitt reported that the Design Review Board had completed their review and rendered a favorable recommendation for approval.

MOTION: Mr. Doyle, Mr. Kyzviats second, to continue Application #17-54 to the December 4, 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.

Prior to any discussion occurring, Ms. Beinstein recused herself and exited the Main Meeting Room.

The consensus of the Commission was that they would like additional time to reflect on the oral testimony received at the public hearings and to review what has been submitted.  

MOTION:  Mr. Gray, Ms. Beinstein second, to table Application #17-40 to the December 4, 2017 regular meeting; Motion passed with Mr. Ryan, Ms. Battos, Mr. Kyzviats, Mr. Doyle and Mr. Gray voting aye. 

Ms. Beinstein returned to the Main Meeting Room and rejoined the meeting.

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.

Prior to any discussion occurring, Ms. Battos recused herself and exited the Main Meeting Room.

The Commission discussed marketing limitations that may occur as a result of not approving this text amendment as well as what could occur in terms of number of signs should it be approved.

MOTION:  Mr. Gray, Ms. Beinstein second, to approve Application #17-42 for a Text Amendment to Article Ten, Section C.1.b.; Motion failed with Mr. Ryan, Ms. Beinstein, Mr. Kyzviats, Mr. Doyle and Mr. Gray opposed. 

Ms. Battos returned to the Main Meeting Room and rejoined the meeting.

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.

The Commission considered each review criteria for a Special Exception, as delineated in Article Seven, Section C.9. of the Simsbury Zoning Regulations.

MOTION:  Mr. Doyle, Ms. Battos second, to approve 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; unanimously approved.

d.  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 the Design Review Board forwarded a positive referral of this application but with modified signage.  He explained that there had not been adequate time between that meeting and this meeting for Town staff to solidify this as changes were made in terms of font and color.  Mr. Rabbitt requested additional time to work this out.

MOTION: Mr. Gray, Mr. Kyzivats second, to table Application #17-52 to the next regular meeting on December 4, 2017; unanimously approved.

e.   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.

f.  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. Gray, Ms. Beinstein second, to table Applications #17-53 and Application #17-54 to the December 4, 2017 regular meeting; unanimously approved.

VI.  NEW BUSINESS:

1.  Receipt of New Applications.

a.  Application #17-55 of Stonefield Engineering, Agent; Bank of America (Fleet Bank), Owner; for a Site Plan Amendment for proposed site improvements on the property located at 740 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 003). Zone SC-1.

Paul Mutch of Stonefield Engineering appeared before the Commission regarding this application.  He explained that the proposal includes reconstructing steps on the site.  Mr. Mutch explained that upgrades had recently been completed in an effort to become more ADA compliant.  He noted that the proposed work also includes other landscaping work.  Mr. Rabbitt reported that the Design Review Board has provided a favorable recommendation on this application with the caveat that Town staff review with the applicant the plant material.

MOTION:  Mr. Gray, Mr. Doyle second, to table Application #17-55 to the December 4, 2017 regular meeting; unanimously approved.

b.  Application #17-56 of Marshall Epstein, Rosedale Farms, and T.J. Donohue, Esq., Applicants, for a Text Amendment to the Definitions of the Town of Simsbury Zoning Regulations regarding accessory activities in support of agricultural operations include the baking of specialty breads and pies.

MOTION:  Mr. Gray, Ms. Battos second, to schedule a public hearing for Application #17-56 for January 8, 2018 in the Town Hall’s Main Meeting Room; unanimously approved.

The agenda was modified to include an application that was submitted after the agenda was posted but yet still meeting the statutory time guidelines for inclusion at this meeting.

c.  Application #17-57 of Eric Michaud, Applicant, for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for the addition of an accessory dwelling unit to the existing residence on the property located at 84 Winthrop Street, Tarrifville, (Assessors Map J04, Block 219, Lot 005A).  Zone R-25.

MOTION:  Mr. Gray, Mr. Doyle second, to schedule a public hearing for Application #17-57 for January 8, 2018 in the Town Hall’s Main Meeting Room; unanimously approved.

VII.  GENERAL COMMISSION BUSINESS:

1.  Correspondence: Atty. Thomas J. Donohue.

a.  Executive Session: Schoenhardt Stipulated Judgement.          

MOTION:  Mr. Gray, Mr. Doyle second, to enter into Executive Session purposes of discussing the litigation of Richard Schoenhardt vs. Town of Simsbury Zoning Commission, Docket Number HHD-CV16-6066269-S, inviting Mr. Rabbitt to join discussion with legal counsel Attorney Bob DeCresenzo; unanimously approved.

Executive Session convened at 8:20PM and concluded at 8:44PM.

b.  Discussion and Possible Action: Schoenhardt Stipulated Judgement.

MOTION:  Mr. Doyle, Mr. Gray second, to approve the stipulated judgement dated March 29, 2017, as presented and discussed in Executive Session, subject to final review by the town staff and the town attorney; unanimously approved.

VIII.  ADJOURNMENT:

MOTION:  Mr. Gray, Mr. Doyle second, to adjourn at 8:45PM; unanimously approved.

Respectfully submitted,

Pamela A. Colombie

Recording Clerk