Zoning Commission Minutes 12/04/2017
Subject to Approval
Simsbury Zoning Commission
TOWN OF SIMSBURY
REGULAR MEETING MINUTES
Monday, December 4, 2017 at 7:00PM
Simsbury Town Offices – Main Meeting Room
933 Hopmeadow Street, Simsbury, Connecticut
PRESENT: Dave Ryan, Donna Beinstein, Michael Doyle, Bruce Elliot, Kevin Gray, Gerald Post,
Alternates Thomas Frank and Joseph Campioleta
ABSENT: None.
ALSO PRESENT: Town Planner Jamie Rabbitt and Assistant Town Planner Michael Glidden.
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 – NOVEMBER 20, 2017 REGULAR MEETING:
The November 20, 2017 Regular Meeting Minutes were accepted as presented.
IV. PUBLIC HEARINGS:
1. 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.
Landscape Architect Henry Thomas of The LRC Group, accompanied by that company’s staff engineer Rich Reynolds, appeared before the Commission regarding this application. Mr. Thomas submitted an Affidavit affirming the requisite posting of the notice regarding this hearing. He reviewed drawings depicting the proposed reconstruction of a headwall, noting that this work is within the regulated floodplain. He noted that the proposed work will provide a method by which sediment getting into the wetlands as a plunge pool will be created. Mr. Thomas noted that there is a limited amount of removal and relatively modest amount of reimplementation of materials to trap sediment by virtue of this plunge pool. It was noted that the property owner is responsible for cleaning out the sediment.
Mr. Rabbitt reported that the Town’s Staff Engineer Jeff Shea has reviewed the proposal and added no additional comments relative to the stormwater drainage.
Kevin, close public hearing Mike unanimous
MOTION: Mr. Gray, Mr. Doyle second, to close the public hearing for Application #17-54; 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.
Ms. Beinstein recused herself from this application and left the Main Meeting Room prior to the beginning of the discussion regarding this application as did Mr. Glidden.
Mr. Ryan reminded the Commission that they have until January 24, 2018 to render a decision regarding this application and at their last meeting there were a number of questions put forth to Town Attorney Bob DeCrescenzo. Mr. Rabbitt noted that while Attorney DeCrescenzo was unavailable to attend this meeting, he indicated that he was available for the December 18, 2017 regular meeting.
MOTION: Mr. Gray, Mr. Elliot second, to continue Application #17-40 to the next regular meeting; Mr. Ryan, Mr. Doyle, Mr. Elliot, Mr. Gray and Mr. Post voting aye.
Ms. Beinstein and Mr. Glidden rejoined the meeting, returning to the Main Meeting Room at 7:16PM.
Donna returned
MOTION: Mr. Gray, Ms. Beinstein second,
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.
Mr. Rabbitt reported that an email was received by his staff, Carrie Vibert, from ArtFX that functionally withdrew the application.
MOTION: Mr. Gray, Mr. Doyle second, to amend the agenda and take up Application #17-54 ahead of Application #17-53; unanimously approved.
c. 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, Mr. Elliot second, to approve 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, 942 Hopmeadow Street, 944 Hopmeadow Street, 946 Hopmeadow Street, 948 Hopmeadow Street and 950 Hopmeadow Street. Zone SC-1. The special exception approval is subject to the following conditions of approval:
1. Any changes to filling and grading associated with the storm water outlet improvements will require approval by the Zoning Commission. No changes are to be made in the field without approval from the Commission; unanimously approved; unanimously approved.
d. 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.
Mr. Elliot noted that he has both reviewed the SCTV recordings of the meetings relative to this application and had also reviewed the Minutes on the same.
MOTION: Mr. Post, Ms. Beinstein second, to approve with certain modifications and conditions, Application #17-53 submitted by the LRC Group, Agent; St. Mary’s Church Corporation, Owner; for an addition to the existing church and school of nte properties located at 940 Hopmeadow Street per the Simsbury Center Code, as detailed on the following site plans prepared by LRC along with associated architecture prepared by Moser Pilon Nelson Architects.
Name Sheet Date Last Revision__________________________________________
LRC Cover Sheet 10/2/2017 11/13/17
LRC EX-1 May 11, 2017 10/2/2017
LRC EX-2 May 11, 2017 10/2/2017
MPN C3.1 11/15/2017 11/27/2017
MPN C3.2 11/15/2017 11/27/2017
MPN 3.3 11/15/2017 11/27/2017
MPN C4.1 11/15/2017 11/27/2017
MPN C4.2 11/15/2017 11/27/2017
MPN C4.3 11/15/2017 11/27/2017
LRC C5.1 10/2/2017 11/13/2017
LRC C5.2 10/2/2017 11/13/2017
LRC C5.3 10/2/2017 11/13/2017
LRC C5.4 10/2/2017 11/13/2017
LRC L1.1 10/2/2017 11/13/2017
LRC L1.2 10/2/2017 11/13/2017
LRC L1.3 10/2/2017 11/13/2017
MPN A1.1 11/13/2017 --
MPN A1.2 11/13/2017 --
MPN A3.1 11/13/2017 --
MPN A4.2 11/13/2017 --
MPN A1.1 11/13/2017 --
The required modifications to the application and the conditions of approval are as follows:
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 filing the recording set with the Town of Simsbury.
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. Erosion and Sediment Control – Surety in the amount of $5,000 (cash and or an irrevocable letter of credit in a form and with a financial institution or other entity acceptable to the Commission) shall be posted with the Town of Simsbury prior to any grading and/or excavation activity at the site. In addition to the $5,000 surety, $2,500 in cash (bank check) shall be given to the Town of Simsbury and held as an emergency contingency fund for Erosion and Sediment Control features. The type of the final surety must be reviewed by the Zoning Commission’s legal counsel before the Commission acts to accept or deny it.
4. 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 the Commission staff. In accordance with Section 5.0.G. of the Hartford-Simsbury Form Based Code, the Director of Planning and Community Development may accept or require minor changes in drainage design approved or recommended by the Town Engineer, prior to the commencement of grading or construction activities.
5. Prior to the commencement of any grading and/or construction activities, the applicant shall file three sets, signed and sealed (one mylar and two paper) of the approved site plans, as they may be revised per this motion, with the Town of Simsbury Planning Department.
6. 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.
7. Prior to the issuance of a building permit, the applicant shall provide written documentation that the Town’s Water Pollution Control Authority (WPCA) has approved a connection to the Town’s sewer system for all uses and site improvements shown the revised site plans.
8. Prior to the issuance of a building permit, the applicant shall provide written documentation that a potable public water supply is available for all uses and site improvements shown on the revised site plan.
9. 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.
10. Prior to the issuance of the certificate of zoning compliance that is required for a certificate of occupancy from the Town’s Building Official, the applicant must submit evidence that it has received a permit to discharge from the appropriate regulatory authority (i.e. Simsbury WPCA).
11. The applicant must submit evidence of potable-water supply approval from the State of Connecticut Department of Public Utilities, State of Connecticut Department of Health, and/or other authorized agency or official, together with any required and/or appropriate easement agreements for such water supply, prior to the issuance of the certificate of zoning compliance that is required for a certificate of occupancy.
12. 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 the Town of Simsbury’s Center Code.
13. 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.
14. The proposed middle entrance shall be redesigned/modified to accommodate additional landscaping between the proposed turnaround (circle) and proposed new building. Grading and storm damage shall be modified to accommodate relocation of the parking and travel aisles to the west a minimum of four (4’) feet.
15. The applicant shall submit a final, 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. The final landscape plan shall specify final plant selection, location and size. In accordance with the Form Based Code, the Director of Planning and Community Development may require minor change to and deviations from the proposed detailed landscape plan.
16. The applicant shall provide the detail (i.e. fence type) for the proposed top of the wall on the east side of the project.
17. The proposed base treatment of the light poles for the site shall be modified to reflect the Town’s Design Guidelines.
18. In accordance with Simsbury Center Code, the Director of Planning and Community Development may accept or require minor changes to and deviations from any documents submitted by the applicant under the terms of this motion, or may refer such matters for further action by the Commission if such changes or deviations would not be minor in nature.
19. Applicant shall incorporate the required information as referenced by the town engineer in his December 4, 2017 memorandum (comment #2 at the bottom of his letter).
20. Applicant shall submit the required information as referenced by the town engineer in his December 4, 2017 letter (comment #3) in coordination with the WPCA.
Motion unanimously approved.
e. 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. Mr. Elliot reported that he had the opportunity to review the SCTV recordings relative to this application as well as the minutes.
MOTION: Mr. Gray, Mr. Doyle second, to approve, with certain modifications and conditions, Application #17-55 by Stonefield Engineering, Agent; Bank of America (Fleet Bank), Owner; for a Site Plan Amendment for proposed site improvements (sidewalks and landscaping), 740 Hopmeadow Street per the Simsbury Center Code as detailed on the following site plans prepared by Stonefield Engineering: Sheets 1-8, dated August 18, 2017, prepared by Stonefield Engineering.
The required modifications to the application and the conditions of approval are as follows:
GENERAL DEVELOPMENT – MODIFICATIONS/CONDITIONS OF APPROVAL.
1. A preconstruction meeting must be held between Commission/Town staff (Director of Planning and Community Development, Engineer, ZEO, Building Official) and the contractor prior to any construction, grading and/or excavation activity associated with the site. Such meeting shall be scheduled at the mutual convenience of the participants after the draft revised site plans.
2. Prior to the commencement of any grading and/or construction activities the applicant shall file three sets, signed and sealed (one mylar and two paper) of the approved site plans, as they may be revised per this motion, with the Town of Simsbury Planning Department.
3. 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.
SITE PLAN MODIFICATIONS/CONDITIONS OF APPROVAL.
4. The applicant shall submit a final, 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. The final landscape plan shall specify final plant selection, location and size. In accordance with the Form Base Code, the Director of Planning and Community Development may accept or require minor changes to and deviations from the proposed detailed landscape plan.
5. In accordance with Simsbury Center Code, the Director of Planning and Community Development may accept or require minor changes to and deviations from any documents submitted by the applicant under the terms of this motion, or may refer such matters for further action by the Commission if such changes or deviations would not be minor in nature.
Motion unanimously approved.
f. 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.
g. 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, Tariffville, (Assessors Map J04, Block 219, Lot 005A). Zone R-25.
MOTION: Mr. Gray, Ms. Beinstein second, to table Application #17-56 and Application #17-57 to the January 8, 2018 regular meeting; unanimously approved.
VI. NEW BUSINESS:
1. Receipt of New Applications.
None.
VII. GENERAL COMMISSION BUSINESS:
1. Correspondence.
None.
VIII. ADJOURNMENT:
MOTION: Mr. Gray, Mr. Doyle second, to adjourn at 7:56PM; unanimously approved.
Respectfully submitted,
Pamela A. Colombie
Recording Clerk