Zoning Commission Minutes 11/21/2016
Town of Simsbury Zoning Commission
Monday November 21, 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 7:06pm.
2. Roll Call: Members present were: Chair David Ryan, Jacqueline Battos, Kevin Gray, Donna Beinstein, Gerald Post, and Alternate Michael Doyle. Director of Planning and Community Development, James Rabbitt, and Assistant Town Planner, Michael Glidden, were also present. Special Counsel to the Zoning Commission, Attorney Michael Ziska, was also present.
• Appointment of Alternates: Alternate Michael Doyle was seated for absent member Derek Peterson.
3. Approval of Minutes of the October 17, 2016 Regular Meeting: The Approval of Minutes for the October 17, 2016 Regular Meeting was tabled until the next Regular Meeting so staff can edit the minutes.
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 opened 10/17/2016; public hearing must be closed by 11/21/2016). The applicant was present and has decreased the number of proposed events considerably in the application since the last meeting.
• Joan Coe, 26 Whitcomb Drive – would like to see the Commission deny the application, feeling it is inappropriate. Ms. Coe stated a lot of money has been given to the applicant for development rights, and feels the applicant wants a business and everything that accompanies it. If events/promotions are permitted at all, it should be on a case-by-case basis. Ms. Coe felt this property is the only one that would benefit from amendments and does not feel that the town should permit spot zoning.
Kevin Gray moved to close the public hearing to 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. Gerald Post 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 to 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 opened 10/17/2016; public hearing must be closed by 11/21/2016). Mr. Bourke again addressed the Commission, stating this is a change to the regulation and not spot zoning. This is town-wide and anyone who wanted to do something like this in town would know what they can and cannot do. It is not applicable to just one place in town. James Rabbitt stated agriculture is a business and is run as a business for profit. Kevin Gray moved to close the public hearing of 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 to site plan approval; such farms would be allowed to hold special public and private events, sell products at retail, and operate commercial kitchens. Gerald Post seconded. The vote was unanimous.
c. Application #16-44 of TJ Donohue, Jr., Agent; SL 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 009-1, Assessor’s Map F17, Block 154, Lot 009-2, and Assessor’s Map F17, Block 154, Lot 009-3). Zone HS-FBC. (Public hearing to be opened on 11/21/2016; public hearing must be closed and a decision rendered by 01/24/2017): The Design Review Board voted to approve the application at their meeting. Mr. Donohue addressed the Commission and stated the reason for the hearing was to decide if the application conformed to the Form Based Code and not how many apartments, etc. were involved. Mr. Donohue stated the public hearing was not required, but the Commission asked for a public hearing, so they complied. The design team was seeking approval of the Master Plan so they can move forward and get in the cycle for 2017. Civil Engineer, Paul Vitalono, gave a PowerPoint presentation. The Form Based Code requires a minimum of two classifications: neighborhood commercial and neighborhood transition zones. In order to create a walkable community, the street layout is in a grid quadrant layout with commercial buildings to the right, a central green walking area, a club house, and internal parking, with some parking on the street. There will be sidewalks throughout the site on either or both sides of the street. Garages will be behind the public green with the main club facility next to the green. The apartment buildings will allow tenants to drive into the garage and take an elevator up to their apartments. The Main Entrance will have a gym kind of clubhouse with a pool. The Assisted Living building will have Day Rooms with a lot of glass. There will be picket fences screening the main road. A packet of wall sign examples was passed out to the Commission. Jacqueline Battos asked what the Design Review Board said about the signage, etc. Chair David Ryan was at the Design Review Board meeting and reported they approved the design but had concerns about the massing at the front of the property. James Rabbitt stated the Master Plan sets the vernacular and architectural standards. Retail space should look like the Master Plan and not a corporate standard. Jacqueline Battos asked if the Commission has the opportunity to see that commercial tenants should be in place before the final approval, so those buildings are not built and left empty. James Rabbitt stated the applicants would be hard pressed to have the commercial buildings occupied before construction, but the Commission could request something from the developer as to their intent concerning the commercial buildings. Gerald Post commented on his concern for the bulk of the buildings in the front of the property. Mr. Post would prefer some of the roof lines be softened in the front so people can see more of the mountain, but overall the plan seems well thought out. The heft of the buildings from the front to the rear is of the biggest concern. The design team stated the overall design has a lot of differences from what was shown to the Design Review Board months ago.
Public Comment:
• Sharon Byron, 17 Crestview Road – Ms. Byron was concerned she was not hearing Net Zero building. Ms. Byron cited Net Zero buildings in new developments in other states and stated they are highly effective and would like the Commission to look at those comparables. Ms. Byron would also like to see nontoxic materials used and all hard surfaces be nontoxic, like what was done at the Westminster School.
• Joan Coe, 26 Whitcomb Drive – Ms. Coe stated she understands the Form Based Code, but does not understand that Simsbury has more supply, less demand. Ms. Coe cannot envision that all of this will be occupied, and thinks that Simsbury will be the recipient of bad news in the future because she does not know where all the people are coming from. As a resident, she is concerned when she sees this extreme building and little demand. Ms. Coe would like to see a business plan as to how the developers will sustain this in the future.
• Marcia Reinhart, 7 Riverwalk Drive – Ms. Reinhart lives in the condos next door to the site and hears how traffic will flow through the project, but what about Route 10. Traffic is already crazy. Ms. Reinhart does not see how Simsbury can handle this and does not see this as an asset.
• Bob Duguay, 11 Nod Brook Drive – Mr. Duguay stated part of the patrimony in this town is the sight of an undisturbed ridge with natural tree growth. Mr. Duguay hopes the Form Based Zoning allows the developers to flip the buildings and put the bigger buildings in the back of the property in order to preserve the sight ridge here which has been here for a million years, and will be around another million years. Mr. Duguay stated the economics are not our business, but the way we value our town is our business. The Hartford payed a lot of taxes, had a berm, and was set back so people could not see the buildings. Mr. Duguay hopes the Commission is asking about the number of kids between 5 and 18 who are going to live there. Simsbury does not need another 1,000 kids in this town. Mr. Duguay hopes the Commission stands tall and preserves the sight line.
• Katherine Trumbull, 18, Riverwalk Drive – Ms. Trumbull stated the Commission has both the power and the obligation to protect the adjacent areas. Ms. Trumbull is concerned about the lack of setback, the lack of privacy, and the high density of tall buildings, all of which have porches and doors that open to what has been a pristine environment. The Master Plan has the tallest buildings next to the property line. Ms. Trumbull would like the Commission to consider flipping these buildings.
• Ken Brasal, 16 Riverwalk Drive, on the Board of Directors of the Riverwalk Condo Association – Mr. Brasal stated that at the September 19th meeting the engineers presented the boundaries of the property with no mention of the community to the north, the Riverwalk community. Mr. Brasal feels the developer has not engaged the Riverwalk community. One reason Mr. Brasal moved to Simsbury was the Land Trust. Mr. Brasal is aware that this property is not a candidate for the Land Trust. Mr. Brasal is concerned with the enormity of the project, which stretches 20-30 feet from their property line, and also the enormity of the site. Mr. Brasal encouraged the Commission to reject the plan as it stands and scale it back.
• Jim Lacock, 7 Riverwalk Drive, on the Board of Directors of the Riverwalk Condo Association – Mr. Lacock would like the Commission to consider if this application offers the high level of development standards that is compatible with the town vision. Secondly, Mr. Lacock would like to know whether the application protects the environmentally sensitive wetlands to the south side of the property, the Farmington River to the east, and the adjacent aquifer. Mr. Lacock was also concerned about the application establishing a balance between the building mass and scale to Riverwalk and the view of Talcott Mountain. Lastly, Mr. Lacock questioned if there were sufficient setbacks, so as to not compromise the Riverwalk residents. Mr. Lacock was also concerned with the impact on the surrounding environmentally-sensitive areas around the site, and the impact of vehicles entering while residents are trying to get out of the Riverwalk condos. Mr. Lacock served on Zoning for many years and has seen the continuous misuse and abuse of entrances on major arterial roads and feels it is time to consider the impacts of cuts made to major arterial roads. Mr. Lacock would like to see one entrance, not two, and specific consideration required to a bus stop in the development for the children and mass transit.
• Amanda Gumbs, 12 Riverwalk Drive – Ms. Gumbs read a prepared statement to the Commission and is very concerned that the applicant is not taking their properties into consideration.
The Commission continued the hearing until the December 5, 2016 Regular Meeting and would like to see more information concerning: sight lines, enhanced street use, borders protecting the Riverwalk residents, any berms, and addressing gateway issues. James Rabbitt stated the Form Based Code was the first phase of the project. The project is now in the second phase, the Master Plan, which gives the Commission administrative authority. The third phase will be approval of the site plan. Certain aspects of the plan will not be addressed until the site plan phase. Gerald Post moved to continue the public hearing of Application #16-44 of TJ Donohue, Jr., Agent; SL Simsbury LLC, (The Silverman Group), Owner; for the Hartford-Simsbury Form Based Code Master Development Plan on the property located at 200 Hopmeadow Street until the December 5, 2016 Regular Meeting. Michael Doyle seconded. The vote passed unanimously.
d. Application #16-49 of Mark and Patricia Boudreau, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulations for a home occupation on the property located at 24 Crestview Road (Assessor’s Map J05, Block 114, Lot 085). Zone R-15. (Public hearing to be opened 11/21/2016; public hearing must be closed by 12/26/2016). Mrs. Boudreau would like to have a little business out of her house at 24 Crestview Road repairing clothes. James Rabbitt reported the application is code compliant. Michael Doyle asked if people would be dropping off their clothes. Mrs. Boudreau stated they would not; they live in a little neighborhood, and she is hoping this will be a local thing and she will be able to pick up and drop off. She is expecting next to no traffic. Jacqueline Battos asked about signage. There would be no signage.
• Sharon Byron, 17 Crestview Drive – felt the business would be very good in the neighborhood, and suggested a mail box for drop off.
Chair David Ryan asked if there would be signage in the future, would it have to be approved by the Commission. James Rabbitt responded it would be. Kevin Gray moved to close the hearing of Application #16-49 of Mark and Patricia Boudreau, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulations for a home occupation on the property located at 24 Crestview Road (Assessor’s Map J05, Block 114, Lot 085). Zone R-15. Gerald Post seconded. The vote passed unanimously.
5. Old Business:
a. Application #16-31 of Brian Denno, Denno Land Surveying, Agent; Frank J. Sidoti, Jr., Owner; for a Special Exception pursuant to Article Seven, 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. Commission member Jacqueline Battos recused herself and left the room. Donna Beinstein moved to approve Application #16-31 of Brian Denno, Denno Land Surveying, Agent; Frank J. Sidoti, Jr., Owner; for a Special Exception pursuant to Article Seven, 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. Michael Doyle seconded. All were opposed. The vote failed, 0-5-0.
b. 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. The Planning Commission gave a negative referral. Kevin Gray moved to approve 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. Michael Doyle seconded. All were opposed. The motion failed, 0-6-0.
c. 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 to site plan approval; such farms would be allowed to hold special public and private events, sell products at retail, and operate commercial kitchens. Kevin Gray moved to approve 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 to site plan approval; such farms would be allowed to hold special public and private events, sell products at retail, and operate commercial kitchens. Gerald Post seconded. All were opposed. The motion failed, 0-6-0.
d. Application #16-44 of TJ Donohue, Jr., Agent; SL 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 009-1, Assessor’s Map F17, Block 154, Lot 009-2, and Assessor’s Map F17, Block 154, Lot 009-3). Zone HS-FBC. Gerald Post moved to continue the Public Hearing of Application #16-44 of TJ Donohue, Jr., Agent; SL Simsbury LLC, (The Silverman Group), Owner; for the Harford-Simsbury Form Based Code Master Development Plan on the property located at 200 Hopmeadow Street until the December 5, 2016 Regular Meeting. Michael Doyle seconded. The vote passed unanimously.
e. Application #16-45 of Richard D. Wagner, Jr., Agent; 1285 Hopmeadow Street, Owner; for a Site Plan Amendment pursuant to Article Seven, 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. Mr. Wagner requested the application be tabled until the next meeting. Kevin Gray moved to table Application #16-45 of Richard D. Wagner, Jr., Agent; 1285 Hopmeadow Street, Owner; for a Site Plan Amendment pursuant to Article Seven, 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 until the December 5, 2016 Regular Meeting. Gerald Post seconded. The vote passed unanimously.
f. 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+002). Zone B-2. Mr. Mitchell requested that the Commission formally deny the application if they were not able to approve it that night. That way he would have something to bring to Corporate and could move the process along. James Rabbitt informed Mr. Mitchell that the Design Review Board already denied his application to them earlier, and that denial would be enough to bring back to Corporate. The Zoning Commission could continue the application until the next meeting so Mr. Mitchell would have an opportunity to go back to the Design Review Board with a new proposal. Michael Doyle moved to table 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 until the December 5, 2016 Regular Meeting. Donna Beinstein seconded. The vote passed unanimously.
g. 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 154, Lot 001+002). Zone B-2. The Design Review Board approved this application earlier in the evening. Gerald Post moved to approve 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. Michael Doyle seconded. The vote passed unanimously.
h. 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 Hopmeadow Street (Assessor’s Map H09, Block 227, Lot 001A+ 001B). Zones Sc-3 and SC-4. The Design Review Board approved the application earlier in the evening. The application had been tabled last Zoning Commission meeting because the applicant had not had enough time to post the proper signage concerning the application. James Rabbitt stated the only outstanding issue was the landscaping, which the Commission could delegate that responsibility to Staff. Kevin Gray moved to approve 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 Hopmeadow Street with the following conditions:
i. A final landscape plan (plant material) for the area surrounding the outdoor dining shall be submitted to the Zoning Commission to be reviewed by staff (Simsbury’s Director of Planning and Community Development) to determine consistency with Simsbury’s design guidelines.
Gerald Post seconded. The vote passed unanimously.
i. Application #16-49 of Mark and Patricia Boudreau, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulation for a home occupation on the property located at 24 Crestview Road (Assessor’s Map J05, Block 114, Lot 085). Zone R-15. Gerald Post moved to approve application #16-49 of Mark and Patricia Boudreau, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Town of Simsbury Zoning Regulations for a home occupation on the property located at 24 Crestview Road (Assessor’s Map J05, Block 114, Lot 085). Zone R-15. This special exception approval subject to the following conditions:
• Approval is a tailor/garment mending business
• Area of residence to be converted to business use is limited to portion of basement per basement floor plans.
Kevin Gray seconded. The vote passed unanimously.
6. New Business:
• Receipt of New Applications: No new applications
7. General Commission Business:
• Zoning Regulations revisions: General Discussion
i. Glenn Chalder, Planimetrics
ii. WHOZ moratorium
The moratorium for workforce housing is expiring. The Commission will discuss this topic at the December 5, 2016 Regular Meeting. James Rabbitt stated the Town Attorney suggested that accessory apartments be addressed in a separate moratorium, given there have been difficulties. James Rabbitt will prepare an application on behalf of the Zoning Commission asking for a 6-month extension, for a total of 18 months extension, which he will submit to the Commission at the next Regular Meeting.
8. Adjournment: Michael Doyle moved to adjourn the meeting at 9:37pm. Donna Beinstein seconded. The meeting was adjourned
Recorded By:
Kimberly Cyr, Clerk
Simsbury Zoning Commission