1/04/2023 Zoning Commission Meeting Minutes

Meeting date: 
Wednesday, January 4, 2023

Meeting Date: January 4, 2023
ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING – WEDNESDAY, JANUARY 4, 2023 at 7:00 P.M.

PRESENT: David Ryan, Bruce Elliott, Kevin Gray, Diane Madigan, Donna Beinstein, Anne Erickson, and Jackie Battos (alternate)

ALSO PRESENT: Planning and Community Development Director George McGregor; Commission Clerk Jackie Lachance

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

All regular members have been seated.

II. APPROVAL OF MINUTES
- December 5, 2023 – Line 6, page 3 – take out the word has.
MOTION: Mr. Elliott moved to approve the December 5, 2022 Minutes as corrected.
Mr. Gray seconded the motion.
VOTE: motion passed unanimously, 6-0-0

III. PUBLIC HEARINGS

1. Application #22-32 of the Simsbury Zoning Commission, Applicant; George McGregor, Agent; for a text amendment to the Simsbury Zoning Regulation, Hartford-Simsbury Form-Based Code, and Simsbury Center Code for the purpose of prohibiting cannabis establishments in Simsbury Center Code and Hartford-Simsbury Code, and permitting cannabis establishments in select zoning districts in the Town Zoning Regulations. (Continued from the 11/21/22 regular meeting).

Benjamin Zachs of Fine Fettle gave an overview of the process within a dispensary from the time the products get there to the time it reaches the customer. The Commission inquired about number of employees, how product is shown to the customer, recreation versus medical products, what the store front would look like, and how it is regulated.

Kristen Tangarone of Curaleaf was present to give the background of Curaleaf and discuss its intentions regarding retail sales.
Public Comment:
1. Joan Coe of 26 Whitcomb Drive, Simsbury, is against cannabis establishments in Simsbury citing children’s safety in homes of people who consume, concerns of large amounts of cash at the establishments, and mental/physical health.
2. Jennifer Golec of 7 Chestnut Hill Road, Simsbury, stated “drugs ruin lives” and encouraged the Commission to drive by established stores to see who hangs around the store and the empty retail stores.
3. Jocelyn Cerda of Shangri-La CT would like to operate a cannabis retail store in Simsbury. One of her partners, Harrison, handed out a FAQ sheet to the public audience.
4. Stephanie Ma of Hassett & George presented concerns of licensing for Curleaf’s operations with a new amendment to the regulations. A letter was previously submitted.
5. Vincenzo Infante of Lions Den Coffee Shop, 712 Hopmeadow Street, voiced his personal observations as a police officer (now retired) for Bristol, CT.
6. Sean Braggs (retired Hartford police officer) gave a description of some his experiences.
7. Josiah Schlee of 45 Banks Road, Simsbury, has visited dispensaries in several states and compares them to the dispensaries in CT.

Staff referred the Commission to Staff Report dated January 4, 2023 on the information requested by the Commission regarding the impact on noise, traffic, and other land use impacts observed by other towns. Staff introduced articles with case studies in the record.
MOTION: Mr. Gray moved to close this public hearing.
Ms. Erickson seconded the motion.
VOTE: motion passed unanimously, 6-0-0

IV. NEW BUSINESS

1. Application #22-36 of Lions Den Coffee, LLC, Owner, Kristine Braccidiferro, Applicant, sign permit for the installation of a ± 30 sq. ft. wall sign at the property located at 712 Hopmeadow Street (Assessor’s Map G10 Block 227 Lot 001+2) Zone – SC.

Staff gave the background of this application. Vincenzo Infante went over the importance of the colors to his sign/brand and pointed out that signs around his location are in non-compliance. The Commission discussed the regulations that govern this particular zone.

MOTION: Mr. Gray moved to approve Application ZC#22-36 of Lion’s Den Coffee LLC, Owner, Kristine Braccidiferro, Applicant, sign permit for the installation of a ± 30 sq. ft. wall sign at the property located at 712 Hopmeadow Street (Assessor’s Map G10 Block 227 Lot 001 + 2) Zone – SC with the following conditions:
1. The applicant shall revise the design in the application packet submitted to a off white/white color background with black lettering and a gold accent color for the shield with 1 ¼ inch black border;
2. Prior to issuance of the Zoning permit, the applicant shall submit approval of the sign design by the owner; and
3. An Administrative Zoning permit is required.
Ms. Erickson seconded the motion.
VOTE: motion passed, 5-1-0 (Elliott opposed)
Ryan – aye, Elliott – no, Erickson – aye, Gray – aye, Madigan – aye, Beinstein - aye

2. Application #22-41 of Lauretano Sign Group, Agent, for a ± -28 sq. ft. free standing sign to replace an existing sign at Bright Path Child Care located at 1 St. John’s Place (Assessor Map I06, Block 439, Lot 001), Zone R-40.

Alyson Ibbotson of Lauretano Sign Group presented this application.

3. MOTION: Mr. Gray moved to approve Application #22-41 of Lauretano Sign Group, Agent, for a ± -28 sq. ft. free standing sign and wall sign at Bright Path Child Care located at 1 St. John’s Place (Assessor Map I06, Block 439, Lot 001), Zone R-40 based upon a finding that the signs meet the Section 9 of the Zoning Regulations and with the following conditions:
1. The Signs shall be in substantial conformance with the plan set prepared by Twilight Signs dated September 16, 2022 ± 28 sq. ft. free standing sign and January 3, 2023 for ± 4 sq. ft. wall sign; and
2. An Administrative zoning permit is required for sign installation

Ms. Madigan seconded the motion.
VOTE: motion passed unanimously, 6-0-0

V. OLD BUSINESS

1. Application ZC#22-32 of the Simsbury Zoning Commission, Applicant; George McGregor, Agent; for a text amendment to the Simsbury Zoning Regulations, Hartford-Simsbury Form Based Code, and Simsbury Center Code for the purpose of prohibiting cannabis establishments in Simsbury Center Code and Hartford-Simsbury Code, and permitting cannabis establishments in select zoning districts in the Town Zoning Regulations.

The Commission discussed the Board of Selectman’s involvement in this amendment.

MOTION: Mr. Gray moved to continue this application to the next Regular Meeting on January 18, 2023 at 7:00 pm.
Ms. Madigan seconded the motion.
VOTE: motion passed unanimously, 6-0-0

VI. GENERAL COMMISSION BUSINESS

1. 200 Hopmeadow Street – The Ridge at Talcott Mountain Bond Discussion

Several representatives from The Silverman Group were present to give the Commission an update on the status of the shell. It was agreed by the Commission and the representatives that the Silverman Group will give the Commission a monthly status update on the construction and rental of the shell. A completion date for the second commercial building of June 30, 2023 was offered to the Commission.

VII. ADJOURNMENT: Mr. Gray moved to adjourn this meeting at 9:04 p.m.
Ms. Madigan seconded the motion.
VOTE: motion passed unanimously, 6-0-0