03/24/2021 Zoning Board of Appeals Minutes
Subject to Approval
ZONING BOARD OF APPEALS-MEETING MINUTES
WEDNESDAY, March 24, 2021
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243
I. CALL TO ORDER - Mr. Antonio called the meeting to order at 7:00pm.
II. ROLL CALL
1. Appointment of Alternatives: Ali Rice promoted as full voting member
Present: Steven Antonio, Joann Hogan, Mark Freeman, Ali Rice, Joshua Michelson, Mike Glidden, Ram Kaza
Absent: N/A
III. APPLICATIONS
1. Public Hearings
A. Application #21-04: of MACK V LLC, Applicant and Valley Recreation LLC, Owner for a variance of the Simsbury Zoning Regulations Section 4.3 to allow parking within the 25’ front yard setback at the property located at 1603 Hopmeadow Street as per plans provided (Assessor’s Map H02, Block 403, and Lot 002B). Zone B-2.
• Matt Darling and James Cassidy from Mack V Development LLC presented this application. This applicant is seeking a variance to allow for a portion of the front parking lot to be over the setback line. The property is a former bowling alley. Mr. Cassidy shared a map of the property via screen sharing. This property consists of 2.59 acres. This property is bounded the north and the west of open space; bounded on the south and west of two existing residences. They are proposing a redevelopment of the site to include removing the existing building, building a new building in a similar location. This building will be a one-story tractor supply building with a footprint of 19,000 square feet. This building will be rotated slightly to ensure its compliance with the side and rear yard setbacks. There will be a parking lot to the front however to accommodate the needed parking spaces, along with a sidewalk, they need to rotate it slightly which leaves a portion of the front of the lot to be over the 25-foot setback. They will be within 5.9 feet of the front property line. The applicant presented the requested hardship as the irregular shape, the property is a L-shape property, along with their rotation of the building to ensure it conforms pushing the parking closer to the street; this is requiring the variance for the front parking. Mr. Antonio asked to know specifically about the number of parking spaces. The number of parking spaces will be 66, they are required to provide over 100 parking spaces for retail use as part of the site plan application however, they will be filing for a permit for a reduction of spaces. Ms. Hogan asked about the landscaping between the parking and the road. There are landscape requirements from Planning and Zoning Commission. These plans will be developed as part of the site plan package. There will be no waivers or variances requested for the landscaping per the applicant. Mr. Antonio asked about a rectangle shown on the diagram of the new building which goes over the setback line. It was explained by Mr. Darling that is a portable loading dock, which can be shifted and moved. Since it is mobile, Mr. Antonio asked if it can be shifted a few feet so that it is not in the setback area. The applicant agreed. Mr. Michelson asked if the parking lot traffic can be changed to a one-way traffic flow. Mr. Cassidy explained that changing the traffic to a one-way flow would mean he would have to angle the parking spaces, which would cause him to lose about 2 spaces per row and at this time he is at the minimum spaces he can have. There is a preexisting fence around the property which will remain. Mr. Freeman asked if the new building will be taller than the preexisting building. The new building will be 20 feet 8 inches high; Mr. Cassidy was unsure of the height of the preexisting building but felt it would be similar. There will be new asphalt laid for the parking lot.
• There were members of the public present but there was no public comment. The application was closed by Mr. Antonio.
2. Discussion and Possible Action
A. Application #21-04: of MACK V LLC, Applicant and Valley Recreation LLC, Owner for a variance of the Simsbury Zoning Regulations Section 4.3 to allow parking within the 25’ front yard setback at the property located at 1603 Hopmeadow Street as per plans provided (Assessor’s Map H02, Block 403, and Lot 002B). Zone B-2.
• Ms. Hogan expressed appreciation for the applicant and the fact that they are going to be building on this property which has been vacant for some time and that they have angled the building to eliminate setbacks. She felt that the setback encroachment was being reduced overall and was pleased with that. Mr. Antonio agreed. He expressed seeing the effort and creativeness put into this building plan. Mr. Freeman and Mr. Kaza provided similar feedback as Ms. Hogan and Mr. Antonio and were both in agreement with this application. Mr. Antonio asked for the deliberation to be centered more around the hardship. Ms. Rice shared similar sentiments as expressed by the other members and felt that this applicant has shown they are willing to work within the regulations. Mr. Michelson noted the thought put into designing the lot to meet the minimum standard they are required to meet with the least variance possible. Ms. Hogan made a motion to approve application #21-04 of MACK V LLC, Applicant and Valley Recreation LLC, Owner for a variance of the Simsbury Zoning Regulations Section 4.3 to allow parking within the 25’ front yard setback at the property located at 1603 Hopmeadow Street as per plans provided (Assessor’s Map H02, Block 403, and Lot 002B). Zone B-2, the hardship being that the site is irregularly shaped and it is currently non-conforming to the rear yard setback, they have proposed a plan that would eliminate the rear yard non-conformity in addition to reducing the amount imperious coverage within the 25 foot setback by elimination of one of the access ways off the street; they have also agreed to reduce the number of necessary parking places in order to fit in the 66 they have with a possible ability to expand parking if necessary into the fenced in area to the south side of the property; they will have agreed to conform with landscape requirements when they go before the Zoning Committee which will follow this application being approved. Mr. Antonio seconded the motion.
MOTION: All in favor, no opposed, no abstentions (6-0-0)
IV. APPROVAL OF MINUTES of the WEDNESDAY February 24, 2021 special meetings
• Line 75 should say compliance instead of comply, per Ms. Hogan. Line 84 should say facing the woods, along with line 141, per Ms. Hogan. Ms. Hogan also noted that on line 173 it should read, to a point. Mr. Antonio made a motion to approve the February 24, 2021 minutes as amended.
MOTION: All in favor, no opposed, no abstentions (6-0-0).
V. ADJOURNMENT Ms. Hogan made a motion to adjourn the meeting. Ms. Rice seconded the motion. The meeting adjourned at 7:43pm.
MOTION: All in favor, no opposed, no abstentions. (6-0-0)
Respectfully Submitted,
Amanda Werboff
Commission Clerk