05/01/2023 Zoning Commission Minutes REGULAR MEETING

DRAFT MINUTES

Meeting Date: May 1, 2023
ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING – SUBJECT TO APPROVAL
MONDAY, MAY 1, 2023 at 7:00 P.M.

PRESENT: David Ryan, Bruce Elliott, Anne Erickson, Kevin Gray, Diane Madigan, Melissa Osborne, Jackie Battos and Tucker Salls

ALSO PRESENT: Planning and Community Development Director George McGregor, Assistant Town Planner Brittany MacGilpin, Code Compliance Officer Laura Barkowski and Commission Clerk Jackie Lachance

I. CALL TO ORDER: Mr. Ryan called this special meeting to order at 7:00 p.m.

Ms. Battos is seated for Ms. Beinstein.

MOTION: Mr. Elliott moved that the agenda be amended for the Commission to
deliberate after each public hearing has been closed.
VOTE: Mr. Gray seconded the motion.
Motion passed. 6-0-0

II. APPROVAL OF MINUTES

April 17, 2023
MOTION: Mr. Elliott moved to approve the regular meeting minutes for April 17,
2023 as submitted.
VOTE: Ms. Madigan seconded the motion. Ms. Battos abstained. Motion
passed. 5-0-1

III. PUBLIC HEARINGS

Application ZC #23-11 of T.J. Donahue, Applicant, Steven Stang/GSHP, LLC, Owner,
for a text amendment to the Simsbury Zoning Regulations pursuant to sections 5 and 17
to allow special events as an accessory use in Industrial 1 (I-1) districts.

Mr. Gray read the application. T.J. Donahue, Esq. presented this application on behalf of Mr. Stang. The Commission wanted to see on the map what other businesses were included in the I-1 zone.

MOTION: Mr. Elliott moved to close this public hearing.
VOTE: Ms. Erickson seconded the motion. Motion passed. 6-0-0

MOTION: Ms. Battos moved to approve this application with an effective date of May 21, 2023.
VOTE: Ms. Erickson seconded the motion. Motion passed. 6-0-0

Application ZC #23-15 of Niles Kelly, Owner, Kelly Johnson, Applicant, for a Zoning Commission Special Exception to permit a 624 sq. ft. detached accessory dwelling unit at 444 Bushy Hill Road (Assessor’s Map B18 Block 601 Lot 008), zone R-40.

Mr. Gray read the application. Mr. Kelly presented this application. Commission inquired if there is a kitchen, status of water/sewer and if this application would change the footprint of the unit.

MOTION: Mr. Elliott moved to close this public hearing.
VOTE: Ms. Madigan seconded the motion. Motion passed. 6-0-0

MOTION: Ms. Madigan moved that the Commission finds that the application for a special exception has met the standards set in Section 3.5 and the special exception criteria in Section 12, and is subject to the following conditions:
1. An administrative zoning permit is required for construction.
VOTE: Ms. Battos seconded the motion. Motion passed. 6-0-0

Application ZC #23-03 of Vessel RE Holdings, LLC, Applicant, EAY Properties, LLC, Owner, for a site plan pursuant to CGS 8-30g for construction of a 55,030 sq. ft., 64-unit (reduced from 80-unit) multi-family development, at 446 Hopmeadow Street. (Assessor’s Map G13, Block 142, Lot 003C) Simsbury, CT 06070, zone R-15. (Continued from the 4/17/23 regular meeting. Opened 03/20/23)

Attorney Peter Alter of Alter & Pearson in Glastonbury gave an update on the easement on Hopmeadow Street, pavement material approved by the Wetlands Commission, additional parking spaces will be built if needed.

Public Comment:
1. Joyce Palmisano of 4 Nutmeg Court – Asked the Commission to consider this application and the comments from the Wetlands Commission.
2. Pete Harrison, Director of Desegregate Connecticut - Gave his background as an affordable housing renter and is in support of the project.
3. Sharon Thomas of 42 Brentonwood Drive - Does not want this many units,
has safety concerns to nearby residences.
4. Kate Avery of 246 Farms Village Road - Does not want this many units.
5. Resident of 3 Mathers Crossing - Does not want this project placed near residences.
6. Ann McDonald of 3 Tamarack Lane - Would like this scale down further. There are 15 trees in danger of having their root system destroy ultimately killing the trees and ruining the hill. Ms. McDonald is also concerned about the setback and storm draining.
7. Kathryn Godiksen of 7 Nutmeg Court - Concerned the extra reserved parking will be used for snow storage, water from the roof will cause flooding to nearby residences.
8. Kelly Rothfuss - Concerned with the number of units, requested the town do its
own studies on traffic, etc. Ms. Rothfuss is also interested in who will be
responsible for any damages this project makes to the surrounding homes and is
concerned for potential endangered species that could be on the site or nearby.
9. Andrew Sylvain of 6 Riverview Circle - Concerned for emergency vehicles not getting through on the bike path because of flooding that already exists.
10. Sally Van Neter - Concerned with the number of units.
11. Susan Masino of 41 Madison Lane - Concerned with the potential for increased flooding and soil disturbance. Ms. would like a study of what potential endangered species could be on site.
12. Susan Vankleef of 6 Mallard Circle - Concerned with the size of this project.
13. Dylan Gagne of 434 Hopmeadow - Concerned with the dumpster attacking bears, noise from the utility units and no place for children to play.
14. Resident of Washington Drive - Concerned that this is a prefabricated building and there is a better place in town to put it.
15. Jay Dixon of 6 Walker Drive - Mr. is not happy with the development of Route 10. Emergency services are stretched thin as it is; taxes, budget and school capacities are all affected.
16. Adam of 5 Hazelmeadow Place - Concerned for residences that won’t have a personal vehicle because the bus system is limited.
17. Elizabeth of 32 Foxton Road - Concerned for insufficient public safety.
18. Mark Mcgrath of 55 Cambridge Court - Concerned for the quality of the existing roads, lighting, drainage and the amount of the bond.
19. Chrissy Courtland of 246 Farms Village Road - Concerned of the cost to live in this building.
20. Ellen Gilbert of 126 Hopmeadow - Concerned with the number of units for the
size of the property, safety and traffic.

21. Janet Hawkins of 3 Roswell - Compared to and asked the Commission to look at
how The Riverview used vegetation to hide the buildings.
22. Reem Aweidaparsons of 27 Crestwood - Would like to see rehabilitation of existing/decaying buildings in town.

Attorney Alter wanted to clarify that the amount of the bond was proposed by the town engineer.

MOTION: Mr. Gray moved to close this public hearing.
VOTE: Ms. Madigan seconded the motion. Motion passed. 6-0-0

It was noted that the Zoning Commission has 35 days after the Wetlands findings to decide on this application.

MOTION: Mr. Elliott moved to table the deliberations to the next regular meeting on May 15, 2023.
VOTE: Ms. Erickson seconded the motion. Motion passed. 6-0-0

IV. NEW BUSINESS - None

V. OLD BUSINESS - None

VI. GENERAL COMMISSION BUSINESS - None

VII. PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT UPDATES -
None

VII. ADJOURNMENT

MOTION: Mr. Gray moved to adjourn this meeting at 9:09 p.m.
VOTE: Ms. Erickson seconded the motion. Motion passed. 6-0-0