Zoning Commission Minutes 12/05/2016

Town of Simsbury Zoning Commission

Monday December 5, 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 7:00pm.

2.            Roll Call:  Members present were Jacqueline Battos, Chair David Ryan, Donna Beinstein, Kevin Gray, and Alternate Michael Doyle.  Director of Planning and Community Development, James Rabbitt; Assistant Town Planner, Michael Glidden; and Special Counsel to the Zoning Commission, Attorney Michael Ziska, were also present.

•             Appointment of Alternates:  Alternate Michael Doyle was seated for absent member Derek Peterson. 

3.            Approval of Minutes – November 21, 2016 Regular Meeting and October 25, 2016 Regular Meeting.

a.            November 21, 2016 Regular Meeting:  Kevin Gray moved to approve the minutes of the November 21, 2016 Regular Meeting.  Michael Doyle seconded.  The vote passed unanimously.

b.            October 17, 2016 Regular Meeting:  Corrections – date on top should read October 17 not October 19, page 2 subsection a.ii Mr. Teller should be Mr. Tuller.  Michael Doyle moved to approve the minutes of the October 17, 2016 Regular Meeting with the corrections.  Kevin Gray seconded.  The vote passed unanimously.

4.            Public Hearings:

•             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 opened 11/21/2016 and continued; public hearing must be closed and decision rendered by 02/24/2017).  Mr. Donohue was present.  A PowerPoint presentation was given highlighting answers to questions the Commission had at the last meeting.  The first rendering was from an altitude of 12 feet above the main entrance area.  Previous questions concerning the Assisted Living Building and the differences in finishes from the other buildings were discussed.  Mr. Donohue assured the Commission that the project was committed to having the same finishes on all the buildings.  Additional renderings showed sight lines and views of the Tower (Heublein Tower) North to South and back at 100 foot intervals.  The commercial and retail buildings in the front would be 1 ½ feet lower than the main entrance.  The Assisted Living Building would be 2 feet lower than the main entrance.  The apartment buildings would be 4 feet lower than the main entrance.  The Tower was visible in all renderings.  Concerning the Riverwalk Condominiums, renderings depicted buildings 52 feet from the Riverwalk property lines on the Eastern side, 55 feet from property lines on the Western side.  The project is open to any reasonable grading plan to Riverwalk’s satisfaction.  Kevin Gray brought up a discrepancy concerning parallel verses diagonal parking.  The Architectural plans for the Assisted Living Building originally had diagonal parking; however, the project is going with parallel parking and the plans have been updated.  Traffic concerning Route 10 will be deferred to the Connecticut Traffic Commission. 

Public Comment:

•             Peter Goodwin, 5 Lincoln Lane – Mr. Goodwin stated people are concerned with the character of the development, but they should be concerned with the character of the town.  Mr. Goodwin is also concerned about the development blocking the view of the Tower, and urged the Commission to vote against the application. 

•             James Lacock, 7 Riverwalk Drive – Mr. Lacock reiterated the previous concern about the B entry and encouraged the Commission to make those concerns known to the State authorities, and to make a recommendation of only one entry into the complex.  At the last meeting, Mr. Lacock suggested a bus stop in the complex for public transportation and school buses.  There are 280 units in the Master Plan, which means a number of school age children needing school buses.  Any bus stopping on Route 10 is already an impediment.  Mr. Lacock is also concerned with the heavy reliance on street parking when it comes to winter street maintenance. 

•             Stuart Mattson, 15 Riverwalk Drive – Mr. Mattson was under the impression that the unit number had been reduced to 208 units.  Mr. Donohue informed everyone that there was a misprint in the Hartford Courant article about the project, and the number of units is still 280.  Mr. Mattson has sat on Commissions when he lived in Granby and acknowledged Simsbury is trying to make the best use of the land.  Mr. Mattson also acknowledged Simsbury needs the tax revenue; however, Mr. Mattson does not feel that the project meets with his definition of the best use of the land. 

•             Ken Brasal, 16 Riverwalk Drive – Mr. Brasal stated there has been no change in the plan, as the Riverwalk residents had asked for previously, and the measurements show just how close the setbacks are to Riverwalk.  Mr. Brasal disagrees with the statement that the existing berm is dense: it is not. 

•             Bob Bellacosa, 17 Riverwalk Drive – Mr. Bellacosa has served on the Riverwalk board for 10 years.  Mr. Bellacosa cited the State Police Firing Range close to the Riverwalk Condominiums and stated they are pretty loud.  Mr. Bellacosa questioned if the developers will be telling the future renters that the area is a quiet place, because unless the firing range is moved, it will not be quiet.  Mr. Bellacosa also questioned if there are any street lights planned.  James Rabbitt informed the Commission and audience that the developers have submitted lighting standards according to Zoning Codes, but have not been specific.  The developers will have more lighting information in the Site Plans.  Mr. Bellacosa stated getting out of Riverwalk Drive will be impossible and asked the Commission to consider placing traffic lights at the entrance of the Riverwalk complex. 

•             Katherine Trumbull, 18 Riverwalk Drive – Ms. Trumbull stated her concerns about the proposed development, citing the first plan having the tall buildings on the south end of the development, and now they are on the north end of the development.  Ms. Trumbull questioned the distance between the development and Riverwalk Condominiums, saying she thought it was stated it was 400 yards.  Mr. Donohue corrected her stating it will be 400 feet.  Ms. Trumbull also questioned the original plan appearing to have the access road as a one-way road and not having it be an entrance and egress, which seems to have changed.  Ms. Trumbull urged the Commission to not only decide what is right for the parcel, but also to protect the town residents.

•             Bill Donahue, Hildurcrest Drive – Mr. Donahue also manages the Tennis Club on Hopmeadow Road, which is across the street from the proposed development.  Mr. Donahue is concerned about the traffic on Hopmeadow, and the impact construction will have on Hopmeadow Street traffic. 

•             Sharon Byron, 17 Crestview Drive – Ms. Byron is in support of the Riverwalk Condominium residents.  When Simsbury brought The Hartford into Simsbury, people were brought in who went to the businesses in town.  Ms. Byron cited developments in states like Colorado that are now in rehab.  Ms. Byron suggested looking to what Vermont did, like Net Zero.  Ms. Byron stated Simsbury could do something special instead of the same old thing that has been done before.  Ms. Byron showed examples of what she had in mind, and informed the Commission that she has additional material and if they wanted more information they could contact her.

Mr. Donohue stated he appreciates the Riverwalk Community and they have been articulate and clear as to what they want.  The development will accommodate them during the Site Plan process.  Mr. Donohue reiterated that tonight was to determine if the project is compliant with the Form Based Code.  Mass transit is willing to service the site, but it will only have a bus stop if there is enough ridership.  In respect to snow and snow removal, this is a private street and snow removal will be done by the association.  James Rabbitt clarified the approval process for the audience members, and reminded the Commission that Staff has six recommendations for project approval, with a possible seventh added this evening.  Kevin Gray moved to close 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 (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).  Donna Beinstein seconded.  The motion passed unanimously.

5.            Old Business: Applications

a.            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:  The Commission reiterated for the public what James Rabbitt had stated earlier; the points the public made had to be addressed when the Commission wrote the Form Based Code, and the Commission’s review shows the proposed development meets the Form Based Code.  Kevin Gray moved to approve 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 with the following modifications: 

i.              The reference to bituminous curb on page nine (9) shall be removed

ii.             The reference to a minimum 5’ – 10’ wide landscape strip shall be changed to a minimum 8’ landscape strip on page ten (10)

iii.            The reference to a minimum 5’ – 10’ wide landscaped strip shall be changed to a minimum 8’ landscape strip on page twenty-one (21)

iv.           The reference to a 3’ high decorative fence shall be changed to a minimum 3’ high decorative fence

v.            The reference to 5% of total parking lot area shall be changed to a minimum of 5% of total parking lot area

vi.           The applicant shall revise page 18 to include the following:  The northern property line shall be appropriately screened to soften the views of the new development from the existing residential property within the minimum landscape areas depicted on the MSDP.

vii.          The applicant shall add a statement and/or modify the language associated with the architectural standards for the proposed “Assisted Living Space Architectural Standards” beginning on page 12 of their MSDP to reflect the need to have the architecture for the proposed assisted living building more clearly reflect the architectural vernacular of the other proposed buildings within the development and within the community.

Jacqueline Battos seconded.  The vote passed unanimously.

b.            Application #16-45 of Richard D. Wagner, Jr., Agent 1285 Hopmeadow Street, LLC., 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 personal service business CrossFit Simsbury on the property located at 1298 Hopmeadow Street (Assessor’s Map 105, Block 403, Lot 017).  Zone B-2.  (Continued from 11/21/2016; decision must be rendered by 12/21/2016):   Michael Glidden received communication from the applicant asking for a continuance so he can work on a parking plan.  Michael Doyle moved to table Application #16-45 of Richard D. Wagner, Jr., Agent 1285 Hopmeadow Street, LLC., 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 personal service business CrossFit Simsbury on the property located at 1298 Hopmeadow Street until the December 19, 2016 Regular Meeting at 7pm.  Kevin Gray seconded.  The vote passed unanimously.

c.             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. (Continued 11/21/2016; decision must be rendered by 12/21/2016):  Staff recommended approval subject to conditions.  Mr. Chris Mitchell was unable to be at the meeting.  Mr. Steven Mitchell was at the meeting and showed revised examples of the signage.  Mitchell Auto Group is saying goodbye to the Saab business and replacing it with a Quick Lane Oil Change.  Kevin Gray asked about the historic signage already on the building.  James Rabbitt explained that would have to come down, according to the Zoning Regulations.  Mitchell Auto Group could come back before the Commission and request a Special Exception to place the historic signs on the building again.  The historic signs are not part of this permitting queue.  Michael Glidden explained if the applicant did come back to the Commission for a Special Exception, the permit would stay with the property and the applicant would not have to apply for a Special Exception concerning those signs again.  Kevin Gray moved to approve 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 subject to the following conditions:

i.              A zoning permit is required for the sign modifications/installations

ii.             No sign will be internally lit

iii.            No zoning permit shall be issued until the Saab Sweden, Pontiac, Mobil, Firestone signs, and car wash price board sign on Building 1, are removed.

iv.           The applicant will develop a landscaping plan for the area adjacent to the free standing signs for issuance of a Zoning Permit, as required in Article 10 Section C(3) (d) of the Simsbury Zoning Regulations.  Said landscaping plan is to be submitted for review and approval based on compliance with the Zoning Regulations by the Planning Director, on behalf of the Zoning Commission

v.            Total area of signs for Building 1 shall not exceed 170.82 square feet

vi.           Changes to number or location of signs will require submission of revision to unified sign plan to the Zoning Commission

Donna Beinstein seconded.  The vote passed unanimously.

6.            New Business:

a.            Application #16-50 of the Town of Simsbury Zoning Commission for a Proposed Text Amendment to the Town of Simsbury Zoning Regulations, to be enacted as Article Three, Section A, 1, a, for a six-month moratorium as an addition to the previously-approved twelve-month moratorium, which would have expired on January 9, 2017 and will now expire on July 10, 2017, on applications for, or approvals of permits for development under Article Ten, Section N, Workforce Housing Overlay Zone, effective December 30, 2016:  Kevin Gray moved to set a public hearing for Application #16-50 of the Town of Simsbury Zoning Commission for a Proposed Text Amendment to the Town of Simsbury Zoning Regulations, to be enacted as Article Three, Section A, 1, a, for a six-month moratorium as an addition to the previously-approved twelve-month moratorium, which would have expired on January 9, 2017 and will now expire on July 10, 2017, on applications for, or approvals of permits for development under Article Ten, Section N, Workforce Housing Overlay Zone, effective December 30, 2016, for the December 19, 2016 Regular Meeting at 7pm.  Michael Doyle seconded.  The vote passed unanimously

b.            Five-year extension request from River Bend Development CT, LLC and Griffin Industrial Realty, Inc. for Site Plan Approval for Meadowood Residential Development:  Attorney Hollister was present representing Meadowood Residential Development.  Attorney Hollister stated any approval given before 2011 and still valid in 2011 had a 9-year approval.  Projects all over the state are in economic limbo.  The project has conveyed 75 acres to the town, and more than 100 acres are under conservation.  There are over 253 acres total of open space conserved or reserved in some way.  Everything has been done for the project except the residential construction.  James Rabbitt stated the new expiration date, if the Commission approves, would be March 28, 2022.  Jacqueline Battos moved to approve the Five-year extension request from River Bend Development CT, LLC., and Griffin Industrial Realty, Inc. for Site Plan Approval of Meadowood Residential Development to expire on March 28, 2022.  Donna Beinstein seconded.  The vote passed unanimously.

7.            General Commission Business:

•             Discussion of Now and Ongoing Projects

o             Zoning Regulations revisions:  General Discussion

             Glenn Chalder, Planimetrics:  The POCD has scheduled a workshop for December 13, 2016.  The Commission is more than welcome to attend.  The first workshop had minimal attendance, so a survey was set up on Survey Monkey, which yielded about 290 responses.  The workshops are listening workshops with specific topics. 

8.            Adjournment:  Kevin Gray moved to adjourn the meeting at 8:42pm.  Jacqueline Battos seconded.  The meeting was adjourned.

Recorded By:

Kimberly Cyr – Clerk

Simsbury Zoning Commission