Zoning Board of Appeals Minutes 12/19/2018

SIMSBURY ZONING BOARD OF APPEALS

TOWN OF SIMSBURY

REGULAR MEETING MINUTES – Subject to Vote of Approval

Wednesday, December 19, 2018 at 7PM

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

I.             CALL TO ORDER:

Chairman Kate Martin called the regular meeting of the Zoning Board of Appeals to order at 7:01 P.M., in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT.

II.            ROLL CALL:

The following members were present: Tom Horan, JoAnn Hogan, and Steven Antonio. Alternates present included: Lawrence Boardman and Dennis Fallon.

Chairman Martin appointed Mr. Boardman to sit as alternate for Ms. Madigan.

III.           APPLICATIONS:

Tom Horan read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting for December 19, 2018 that included the following application:

1.            Public Hearings

a.            Application # 18-06 of Hoffman Enterprises Limited Partnership, Owner, for a variance pursuant to Article Ten, Section C.7.d, of the Simsbury Zoning Regulations for the use of internal lighting of an existing sign on the property located at 36 Albany Turnpike (Assessor’s Map H11, Block 144, Lot 007). Zone B-3. (public hearing must be closed by 02/22/2019).

Chairman Martin opened the floor to discussion on the public hearing. Attorney T.J. Donohue, Jr. was present, representing the applicant, Hoffman Enterprises Limited Partnership. Attorney Donohue presented the Board with an affidavit that the public hearing sign had been out for the appropriate length of time. He also handed out a packet of information about a previous business that was granted approval for a variance (BurgerFi, 530R Bushy Hill Road) for an internally-lit sign. A packet was provided for the record. Attorney Donohue spoke of the benefits of an internally-lit sign, compelling reasons being: visibility and being competitive with other businesses, unusual lot size, and the topography making it difficult to see (downward slope). Attorney Donohue also spoke about the precedent set by granting approval for a variance for one business.

Chairman Martin stated for the record (as referenced in a memo from staff) that “variance approvals are not precedent-setting, as each variance is supposed to be granted on the legal basis that the property has a ’unique hardship’ that is different in kind from those generally affecting the properties in the same zoning district or throughout town.”

Chairman Martin opened up the floor to public comment.

Mr. Harold Bender, 6 Maureen Drive, Simsbury, CT, commented on his concerns about up-lighting and cut-off lighting. He spoke about light pollution.

Attorney Donohue requested that the Board consider that need should not decide if it is right or not.

Board members discussed the building location, building height, and proximity of other signs on Route 44. The Board questioned why the applicant is only asking for the Nissan sign to be lit and not Hoffman. Attorney Donohue stated that National Brand is pushing for the internally-lit sign. Halo lighting was suggested as an alternative to internally lighting the sign.

At 7:34 P.M., a motion was made by Dennis Fallon to close the hearing, motion was seconded by Steven Antonio. Motion passed unanimously, and the hearing was closed.

2.            Discussion and Possible Actions

a.            Application #18-04 of Simsbury Land Trust to appeal the decision of the Zoning Enforcement Officer in a letter dated August 31, 2018, regarding the property located at 60 Westledge Road (Assessor’s Map B09, Block 203, Lot 032). Zone R-160. (public hearing closed 11/28/2018; decision must be rendered within 65 days of closing public hearing).

No action needed.

b.            Application #18-06 of Hoffman Enterprises Limited Partnership, Owner, for a variance pursuant to Article Ten, Section C.7.d, of the Simsbury Zoning Regulations for the use of internal lighting of an existing sign on the property located at 36 Albany Turnpike (Assessor’s Map H11, Block 144, Lot 007). Zone B-3. (decision must be rendered within 65 days of closing public hearing).

At 7:36 P.M., a motion was made by Mr. Fallon to approve Application #18-06 for a variance to internally light a sign on the property located at 36 Albany Turnpike (Assessor’s Map H11, Block 144, Lot 007). Zone B-3. Motion was seconded by Mr. Antonio. Motion failed unanimously, 0-6.

IV.          GENERAL COMMISSION BUSINESS

V.            APPROVAL OF MINUTES: November 28, 2018

At 7:38 P.M., a motion was made by Ms. Hogan to approve the meeting minutes from November 28, 2018 as is. Mr. Horan seconded the motion. Motion passed 5-0-1, with Mr. Fallon abstaining.

VI.          ADJOURNMENT:

At 7:39 P.M., a motion was made by Mr. Horan to adjourn the meeting. Motion was seconded by Mr. Antonio. Motion passed unanimously, 6-0.

Submitted by:

Kimberly Rathbun

Clerk