Zoning Commission Minutes 04/17/2017
ZONING COMMISSION – REGULAR MEETING – MINUTES SUBJECT TO VOTE OF APPROVAL
MONDAY, APRIL 17, 2017
SIMSBURY TOWN OFFICES – 7:00 P.M. – MAIN MEETING ROOM
933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT
I. CALL TO ORDER Meeting was called to order at 7:00pm.
II. ROLL CALL
Present: Regular Members, David Ryan, Michael Doyle (7:04pm), Donna Beinstein, Kevin Gray, Jackie Battos; Alternate Member: Tom Kyzivat
Absent: Regular Member: Gerald Post, Alternate Member: Vaughan Marecki
Staff Present: Jamie Rabbitt, Director of Planning and Community Development
Mike Zizka, Special Legal Counsel (7:00 - 8:00pm)
Bob Decrescenzo, Town Counsel (8:15- 8:46pm)
1. Appointment of Alternates
Tom Kyzivat (seated for Gerald Post)
III. APPROVAL OF MINUTES of the April 3, 2017 Regular Meeting
A correction to line 135 to read Chairman Dave Ryan arrived at 7:20pm. Tom Kyzivat was unseated for Dave Ryan and reseated for Gerald Post. Minutes were approved as corrected.
IV. PUBLIC HEARINGS:
1. None Scheduled
V. OLD BUSINESS:
Chairman Ryan suggested that a motion be made to move to Old Business agenda item c. (C-Tec Solar) then back to Agenda item A. Motion made by Kevin Gray, seconded by Mike Doyle; all members voted in favor of motion.
1. Applications
c. Application #17-11 of C-TEC Solar, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the installation of a solar array on the property located at 73 Wolcott Road. A brief discussion was held on the project and the type of pole mounted solar panels. The commission reviewed a staff report dated April 12, 2017, which include a proposed draft motion listed as Attachment A.
Tom Kyzivat made a motion to approve Application #17-11 of C-TEC Solar, Agent; Town of Simsbury, Owner; for a Site Plan Amendment for the installation of a solar array on the property located at 73 Wolcott Road (Assessor’s Map I02, Block 439, Lot 002). Zone I-1. The Site Plan Amendment approval is subject to the following conditions of approval:
1. Zoning and Building permits are required for the installation of solar array.
2. Pre-construction meeting is required with ZEO. Location of the proposed panel is to be marked in the field at the time of said meeting and approved by staff.
3. Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Town Planner, who has been given the authority on behalf of the Town’s Zoning Commission to act on their behalf.
The motion was seconded by Jackie Battos. All members voted in favor of the motion
a. Application #17-09 of Chris Milliard, Phase Zero Design, Agent; Mitchell Auto Group, Inc., Owner; for a Site Plan Amendment for changes to the building design for the Volvo Showroom and the Volvo Service/Quick Lane buildings on the property located at 384 Hopmeadow Street. Jamie Rabbitt, Director of Planning and Development stated that the Town’s Design Review Board did not have a quorum this evening and therefore recommended that the application be table until next month’s meeting: May 1, 2017. Motion made by Kevin Gray to table application #17-09 until May 1st meeting, seconded by Donna Beinstein; all members voted in favor of motion.
While representatives of the Silverman Group set up their presentation, Commissioner Tom Kyzivat motioned to move to New Business - Agenda item b (Application #17-13). The motion was seconded by Mike Doyle and all members voted in favor of the motion.
New Business – Agenda Item b. - Application #17-13 of Andrew Quirk, Kratzert, Jones & Associates, Inc., Agent, for a proposed Text Amendment to Article Ten, Section E.3 of the Town of Simsbury Zoning Regulations, to permit the Zoning Commission to reduce the side parking setback by five (5) feet and require additional landscaping.
Motion made by Kevin Gray to schedule a public hearing for application #17-13 on May 15, 2017 at 7:00 pm in the Town Hall main meeting room, the Motion was seconded by Donna Beinstein; all members voted in favor of motion.
The Commission members switched back to original agenda item – Old Business – b (Application #17-10)
b. Application #17-10 of SL Simsbury LLC, Owner, for a Site Plan Approval for development of The Ridge at Talcott Mountain, consisting of an assisted living facility, townhouses, apartments, club house, pool, and office/retail buildings on the property located at 200 Hopmeadow Street.
T.J. Donohue, Esq. was present to represent the application along with Chris Russ, CA Ventures; Paul Vitaliano, VHB; and Radoslaw Szwelicki, VHB. Paul Vitaliano discussed the master site plan and its relationship to the street, walkability and architecture. He briefly reviewed the drainage plan and mentioned the Connecticut Department of Energy & Environmental Protection (DEEP) has reviewed and accepted their design. Mr. Vitaliano reviewed the location of the proposed multi-purpose trail, which is also under review by the Town’s Conservation Commission. Mr. Vitaliano also reviewed the architecture associated with the apartments, townhouses, commercial space and club house. Chris Russ from CA Ventures reviewed the architecture of the assisted living. It was noted that the height of the building has been reduced by 1’ 9”. The Commission had questions on dumpster locations and renderings for the commercial space (all sides of buildings not shown). The applicant also showed proposed signage associated with the main entrance. The Commission questioned HVAC locations and landscaping associated with Riverwalk. T.J. Donohue mentioned that they had met with representatives of the Riverwalk Development and they are moving forward on the landscape design.
Motion made by Kevin Gray to table application #17-10 until May 1st meeting, seconded by Mike Doyle; all members voted in favor of motion.
VI. NEW BUSINESS
1. Receipt of New Applications
a. Application #17-12 of Landworks/Highcroft Simsbury LLC, Owner; for a Site Plan Amendment for modifications to a prior approval on the property located at 225 Powder Forest Drive. Jamie Rabbitt, Director of Planning and Development, stated that staff is working on the review of the application and recommends that the Commission table this item. Motion made by Kevin Gray to table application #17-12 until May 1st meeting, seconded by Jackie Battos; all members voted in favor of motion.
b. Application #17-13 of Andrew Quirk, Kratzert, Jones & Associates, Inc., Agent, for a proposed Text Amendment to Article Ten, Section E.3 of the Town of Simsbury Zoning Regulations, to permit the Zoning Commission to reduce the side parking setback by five (5) feet and require additional landscaping. (to be received 04/17/2017; public hearing to be set for 05/15/2017)
d. Application #17-14 of Charlie Kaylor, Agent; Yunan Jiang, Owner; for a Site Plan Amendment to change the use from retail to professional office on the property located at 552 Hopmeadow Street. Charlie Kaylor explained his application to change existing commercial building from retail to office. Jamie Rabbitt reviewed the revised site plan (prepared by Anchor Engineering – 4/17/2017) with the commission as it related to parking. Mr. Rabbitt referenced a staff report dated April 17, 2017 from Mike Glidden, which contained a draft motion.
Kevin Gray made a motion to approve Application #17-14 of Charlie Kaylor, Agent; Yunan Jiang, Owner; for a Site Plan Amendment to change the use from retail to professional office on the property located at 552 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 032). Zone B-1. The Site Plan Amendment approval is subject to the following conditions of approval:
1. Approval is based on plans titled, “Site Plan prepared for Charlie Kaylor, 552 Hopmeadow Street” prepared by Anchor Engineering, latest revision date 04/17/2017.
2. Pavers at western edge of front parking area are to be removed. Area is to be loamed and seeded.
3. Kitchen and bathroom on second floor are not to be converted into office space, based on parking calculations.
4. Any areas of excess pavement shall be saw cut and removed. Said areas are to be loamed and seeded.
5. A zoning permit is required for the site improvements.
6. Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Town Planner, who has been given the authority on behalf of the Town’s Zoning Commission to act on their behalf.
The motion was seconded by Michael Doyle. All members voted in favor of the motion
c. Application #17-15 of Marshall Epstein, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a series of one-day events on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40.
Motion made by Kevin Gray to schedule a public hearing for application #17-15 on May 15, 2017 at 7:00 pm in the Town Hall main meeting room, the Motion was seconded by Donna Beinstein; all members voted in favor of motion.
2. Referrals
a. Referral from Zoning Board of Appeals on ZBA Application #17-02 of Marshall Epstein, Owner, for a use variance to allow a commercial bakery in a residential zone on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40.
J. Rabbitt informed the Commission that the application has been withdrawn by the applicant.
VII. GENERAL COMMISSION BUSINESS
1. Discussion of New and Ongoing Projects
a. Zoning Regulations revisions: General Discussion – Mr. Rabbitt informed the commission that review and revisions are ongoing.
b. WHOZ moratorium: Mr. Rabbitt informed the Commission that review of language for the moratorium is ongoing.
2. Executive Session
Litigation: Richard E. Schoenhardt vs. Town of Simsbury Zoning Commission. A motion was made by Kevin Gray, seconded by Mike Doyle, to go into executive session (8:20 pm) with J. Rabbitt, Director of Planning and Community Development, and Bob Decrescenzo, Town Counsel, to be included. All members voted in favor of the motion. The Commission came out of executive session at 8:45 pm. No motions were made or actions taken in executive session.
VIII. ADJOURNMENT
Kevin Gray made a motion to adjourn, seconded by Michael Doyle; all members voted in favor of the motion