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12/06/2021 Zoning Commission Minutes

Meeting date: 
Monday, December 6, 2021

Subject to Approval

 

ZONING COMMISSION - REGULAR MEETING MINUTES

MONDAY, DECEMBER 6, 2021

The public hearing was web-based on Zoom at https://zoom.us/j/2574297243

Meeting ID: 257 429 7243

 

CALL TO ORDER - Chairman Ryan called the meeting to order at 7:00 pm.

 

  1. Appointment of Alternates: Diane Madigan was appointed as an alternate

 

Present: David Ryan, Kevin Gray, Diane Madigan, Bruce Elliott, Anne Erickson, Donna Beinstein, Melissa Osborne, Michael Glidden, Jeff Shea, Tom Daly, Luke Florian, Bart Bovee

 

Absent: None

 

II. APPROVAL OF MINUTES of the November 15, 2021 regular meeting minutes  

 

Mr. Elliott noted on line 130 was his last time serving should be deleted. Chairman Ryan stated on line 44 Jan. 2022 should be changed to 2023. Line 46 the word verdict should be changed to motion. Mr. Gray made motion to approve the meeting minutes as modified. Ms. Erickson seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

III. PUBLIC HEARING 

  1. Applications Continued

 

  1. Application# 21-24 – of the Simsbury Zoning Commission, Applicant; Michael Glidden CFM CZEO, Agent; application for a text amendment to the Zoning Regulations to opt out of Public Act 21-29 concerning accessory dwelling units and parking standards in Simsbury for a period of one year effective November 15th, 2021.

 

Mr. Glidden informed the Commission that the only new public comment received for this meeting was from Rev. Kevin Weikel. Chairman Ryan read the comment to the commission in support of ADUs stating “I am writing to support the expansion of ADU’s in Simsbury. I believe it is important to speak up when a policy change can benefit the well-being of vulnerable populations. 1,000-foot ADU’s would greatly enhance the lives of the elderly, members of the intellectually and developmentally disabled community, and young adults”. Ms. Beinstein noted that the expansion of ADUs would be positive for the Town of Simsbury and mentioned that the current limitations of 600sqft or 25% of the size of the house on the property penalized smaller houses limiting them to potentially unusable sizes. Ms. Beinstein recommended the percentage limitation be removed for the reasons previously stated and that the 600sqft limit be changed to 800sqft. Ms. Osborne proposed the Commission change the regulations to reflect tying the size of detached ADUs to the zone. Chairman Ryan noted the Commission should continue the public hearing until the next meeting to allow any party that wanted to speak, the opportunity to do so. Mr. Gray stated that the Commission should hold off on making a motion until they have a solidified a draft motion. Ms. Erickson expressed agreement with what the other Commission members said due to the fact that the language in the Public Act could mislead the public in thinking the Commission is opposed to the expansion of ADU’s in the Town when opting out would allow the Commission to tailor the regulations to specifically align with the Town’s vision. Additionally, Ms. Erickson was in support of Ms. Osborne’s comment on tying the size of detached ADUs to the different zones within Simsbury. Mr. Gray made a motion to continue the public hearing until the next meeting. Ms. Beinstein seconded.

 

MOTION: All in favor, no opposed, Mr. Elliott abstained due to a loss of connection prior to the vote being called. (5-0-1)

 

  1. Application# 21-26 – of the Simsbury Zoning Commission, Applicant; Town of Simsbury, Agent; Special Exception pursuant to section 6.3 for development in the floodplain related to parking lot improvements, ADA accessory improvements, and associated drainage improvements for the property located at 22 Iron Horse Blvd (Assessor’s Map H09, Block 226 Lot 003A). Zone FP. New plans provided.

 

Mr. Gray read the application to the Commission. Mr. Gray noted the Town of Simsbury is the applicant for application 21-26. Mr. Shea presented the application citing the need for the improved ADA accessibility, the lower maintenance of the parking facilities, and the improved water quality of the property. Mr. Daly of SLR described to the Commission the existing conditions of the parking lot and the proposed plan for the site. Plan highlights included the removal of the islands near the entrance to the parking lot and replacing them with flush pavers to allow for better accessibility for emergency services. Bike racks would be installed in two locations in the parking lot. The plans also included the addition of a new crosswalk, the reorganization of the handicap parking spaces which allowed for a total of 24 spaces and the installation of a walkway across the field providing handicapped mobility and seating for events. Mr. Daly explained the lack of existing storm water management on the site and how the proposed water quality basins would greatly improve the quality of the water entering the surrounding wetlands. The plan called for two additional permeable paver strips to be constructed in the lot, with drainage flowing through an oil-water separator to aid in the improvement of water quality over the existing lot design. Mr. Daly presented the impacts the project would have on the floodplain storage with the project having a net positive value. The Commission debated the addition of a crosswalk, the location of paved surface for the project, and the ebb and flow of traffic. The Commission was in agreement that the project would greatly improve the site for not only the performing arts center, but the Town as a whole. After receiving no public comment on application 21-26, Mr. Gray made a motion to close the public hearing. Ms. Madigan seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

 

IV. OLD BUSINESS 

  1. Applications 

 

 

  1. Application# 21-23 –  of the Iron Horse LLC and Co-Owner of Freedom Property LLC, Applicant; Luke Florian Agent; application for a site plan amendment pursuant to 4.2 of the Simsbury Center Code for the conversion of a motel to an apartment complex located at 969 Hopmeadow Street (Assessor’s Map H08, Block 116 Lot 041).

 

Mr. Florian presented the application changes to the Commission. Mr. Bovee provided explanation for the increase to the parking lot size for the property as well as the variance that was required. Mr. Bovee continued to describe the types of parking spaces offered in the proposal, the use of a dumpster enclosure, and a 6 foot high retaining wall to be built on the site. The traffic flow for the lot was discussed. Mr. Bovee explained the storm water management plan for the property including the use of a shallow storm water management detention area and the use of existing catch basins. Chairman Ryan inquired about the photometric plan submitted and whether or not the Town engineer’s comments had been addressed. Mr. Shea described the Town’s concerns including the use of lighting that was consistent with the Town’s street profile and the retaining wall design. Mr. Bovee stated the retaining wall would be pre-engineered and would be adequate for the use. Mr. Shea inquired about the color scheme of the retaining wall. Mr. Bovee noted the retaining wall would blend well with the surrounding background on the property. Mr. Gray inquired about the total impervious surface after the additional parking area was constructed. Mr. Florian described the possibility of the use of solar energy on the site as his team was taking the redevelopment costs into consideration. Mr. Gray inquired about the lighting strategy for the parking lot. Mr. Glidden stated the property has existing stand-alone lighting features that are consistent with the center aesthetic. The Commission asked about the design for the proposed carport. Mr. Florian stated the carport would be consistent with the architecture of the building. The outer facade of the building was discussed. Mr. Bovee stated the imperious coverage would be increased from 45-48 percent to 65 percent and a net zero increase in runoff for the site. Mr. Glidden noted the regulations required 10% open space for coverage. Ms. Erickson inquired about the number and scope of the bedrooms in the proposed plan. Mr. Florian stated the plan includes 4 studio and 21 one-bedroom apartments. Mr. Florian noted the one bedroom layouts would range from 450 – 720sqft. Mr. Gray made a motion to approve application 21-23 with the general conditions of 1.) An administrative zoning permit being required 2.) A pre-construction meeting to be scheduled between the applicant and applicable staff before the work begins 3.) Erosion and sediment control measures are to be reviewed and approved by the code compliance officer prior to work with the applicant required to provide 24 hour notice for scheduling an erosion and sediment control inspection 4.) The Commission authorizes staff to act on their behalf concerning minor modifications or changes to the plan as it relates to landscaping, grading, lighting, and utility layout requests for modification are to be made in writing and improved by staff prior to implementation in the field. Ms. Erickson seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

  1. Application# 21-24 – of the Simsbury Zoning Commission, Applicant; Michael Glidden CFM CZEO, Agent; application for a text amendment to the Zoning Regulations to opt out of Public Act 21-29 concerning accessory dwelling units and parking standards in Simsbury for a period of one year effective November 15th, 2021.

 

The Commission made a motion to continue the public hearing for application 21-24 until the next regularly scheduled meeting as stated above.

 

V. NEW BUSINESS 

  1.  Applications

 

  1. Application# 21-26 – of the Simsbury Zoning Commission, Applicant; Town of Simsbury, Agent; Special Exception pursuant to section 6.3 for development in the floodplain related to parking lot improvements, ADA accessory improvements, and associated drainage improvements for the property located at 22 Iron Horse Blvd (Assessor’s Map H09, Block 226 Lot 003A). Zone FP. New plans provided.

 

Chairman Ryan recommended that the Commission rearrange the agenda items to move application 21-26 to the first item under old business for consideration. Mr. Elliott made a motion to move application 21-26 to the next agenda item for consideration. Mr. Gray seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

Mr. Glidden summarized the criteria the Commission needs to review for flood plain management. Mr. Gray made a motion to approve application 21-26 aligned with the draft motion proposed in the staff report for the application. Mr. Elliott seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

  1. Application# 21-27 – of SL Simsbury LLC, Applicant; T.J. Donohue, Jr., Killian & Donohue, LLC, Agent; Type 3 application pursuant to the Hartford Form Based Code related to changing the commercial zone to residential and constructing a 15-unit residential building on the property located at 250 Hopmeadow Street (Assessor’s Map F17, Block 154, Lot 009-3-2) Zone HS-FBC.
  2. Application# 21-28 – of Mack V Development LLC, Applicant; Marc R. Cohen, Agent; Sign Permit Application pursuant to Section  9 of the Simsbury Zoning Regulations related to the construction of an externally lit sign on the property located at 1603 Hopmeadow Street (Assessor’s Map H02, Block 403, Lot 002B) Zone B-2.

 

Mr. Glidden informed the Commission that application 21-27 and 21-28 were scheduled to go before the Design Review Board, however the meeting was cancelled and staff proposed the Commission table both applications until the next zoning commission meeting. Mr. Elliott made a motion to table both applications until the next regularly scheduled meeting. Ms. Madigan seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

VI. GENERAL COMMISSION BUSINESS 

  1. Approval of Proposed 2022 Zoning Commission Schedule

Chairman Ryan noted the meeting on November 7th be removed due Election Day being on the 8th. Ms. Beinstein made a motion to accept the proposed schedule with the appropriate corrections. Ms. Erickson seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

  1. Short Term Rental Regulations

 

Mr. Elliott discussed the ordinance and the necessity of the regulations. The Commission deliberated the process for proposing the short term rental regulations. Mr. Glidden explained the draft regulations he prepared for the Commission. Mr. Elliott inquired about the insurance requirements to operate a short term rental as they were absent in the draft. Chairman Ryan proposed the Commission schedule a public hearing in January for the short term rental regulations. Mr. Gray made a motion to schedule a public hearing on the first regularly scheduled meeting in January. Ms. Erickson seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

Chairman Ryan noted the short term rental ordinance would be attached to the minutes for the meeting for reference.

 

  1. Sign Regulations Update

 

Chairman Ryan discussed the sign regulations including internally illuminated signs on route 44. Mr. Glidden stated he could draft a regulation that would allow internally illuminated signs in parcels that are zoned B-3 and located within 750ft of Albany turnpike. Chairman Ryan proposed the Commission hold a public hearing on the regularly scheduled meetings in February.

 

VII. ADJOURNMENT 

 

Mr. Gray made a motion to adjourn the meeting. Ms. Madigan seconded.

 

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

 

Chairman Ryan adjourned the meeting at 8:34pm.