Zoning Commission Minutes 10/15/2018

SIMSBURY ZONING COMMISSION

TOWN OF SIMSBURY

REGULAR MEETING MINUTES – Subject to Vote of Approval

Monday, October 15, 2018 at 7PM

Simsbury Town Hall – Main Meeting Room

PRESENT:             Kevin Gray, Jackie Barros, Donna Beinstein, Bruce Elliott, Dave Ryan

                                Alternate: Gavin Schwarz (sitting for Michael Doyle), Joseph Campolieta

ABSENT:               Thomas Frank, Michael Doyle

ALSO PRESENT: Robin Newton, Code Compliance Officer

I.             CALL TO ORDER:

Chairman Ryan called the meeting to order at 7:00PM.

II.            ROLL CALL:

Mr. Schwarz was appointed to sit for Mr. Doyle

III.           APPROVAL OF MINUTES: of the October 1, 2018 regular meeting

Ms. Battos made note of the following changes needing to be made to the minutes:

Line 65 Chairman Gray questioned if the fencing blocks the view from Phelps. Mr. Kennelly stated that the fence has a gate that can be closed to obstruct the view.

Mr. Elliott made note of the following changes needing to be made to the minutes:

Line 87 Application #18-47 of Chris Millard, Phase Zero Design, Agent; Grove Property Fund, LLC, Owner, for a Site Plan Amendment for changes to the Fitzgerald’s façade on the property located at 710 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001-2). Zones SC-1 and SC-3. (decision must be rendered by 11/21/2018)

Motion: Mr. Elliott made a motion to approve the minutes with said changes to the minutes. Mr. Gray seconded the motion. Motion passed 5-0-1 (abstention Chairman Ryan).

IV.          CONSENT ITEMS:

1.            Application #18-60 of Solectran LLC, Owner, for a Sign Permit for Metro Bis on the property located at 690 Hopmeadow Street (Assessor’s Map G11, Block 132, Lot 053). Zones SC-1 and SC-3. (to be received by 10/15/2018; decision must be rendered by 12/03/2018)

Mr. Gray questioned if this application was approved by Design Review Board. Ms. Newton stated that it was.

Motion: Mr. Elliott made a motion to approve consent item Application #18-60. Motion was seconded by Ms. Battos. Motion passed unanimously, 6-0.

V.            PUBLIC HEARINGS:

1.            Application #18-38 of Thomas R. Evans and Christopher J. Smith, Esq., Applicants, for a Text Amendment to Article Ten, Section E.3, Off-Street Parking Regulations, regarding the location of parking areas. (public hearing must be closed by 10/22/2018)

Mr. Smith, Attorney of Shipman and Goodwin, presented the application for Text Amendment. Supporting documents were submitted to Ms. Newton (Water Company and DPW: green cards, letters and receipts), proving compliance.

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Mr. Smith explained the current Zoning Regulations text and the proposed changes. The applicant explained that the desired result is to change the regulations to accommodate the extra five feet needed for their property plans.

The Commission discussed the AZ zone and its relevance to the application.

Mr. Campolieta expressed concerns with the regulation being used by other businesses in town if the commission were to change the regulations. He felt it is too broad.

Ms. Newton stated that the Planning Commission gave a positive referral on the application.

Mr. Robert Hafnar, 126 Hopmeadow Street, unit 1A, expressed concerns with the text amendment applying to all public parking areas, now and in the future, because it is not site specific.

Ms. Deborah Bishop, 126 Hopmeadow Street, unit 6A, expressed concern about this text amendment applying to all residential areas, not just this one. She didn’t understand why it matters if the dwelling is a certain distance away from the property line: she should be able to use all of her property.

Ms. Battos asked Ms. Newton if there is a way to revise the text to minimize the distance instead of it being so broad. Ms. Newton answered that the Commission can reword it to whatever they feel comfortable with: it was written broadly so that the verbiage could be reduced to whatever they are comfortable with.

Mr. Smith emphasized that the provision only takes place where there’s a business zoned property abutting an AZ property and the closest dwelling on the AZ property is 250’ from the closest property line of the business zoned property.

Ms. Judy Rabinowitz, 126 Hopmeadow Street, unit 3B, was unclear as to why this change would only apply to where a business zoned property abuts an AZ zoned property, and requested that the commission view it as any business property abutting a property of any residential zoning..

Motion: Mr. Gray made a motion to close the public hearing for application 18-38. Motion seconded by Ms. Beinstein. Motion passed unanimously, 6-0.

Ms. Battos asked if there was a way to reword the text. Mr. Chairman explained that it can be reworded to make it more narrow.

2.            Application #18-49 of Christopher J. Smith, Esquire, Agent; Thomas R. Evans, Owner, for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a liquor permit for a package store on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (public hearing must be closed by 11/05/2018)

Mr. Smith presented the Special Exception application for a liquor permit for the liquor store.

Mr. Kement of Anchor Engineering, Senior Engineer and Project Manager, explained the parking space needs for the size of the proposed building. He also explained drainage plans and lighting plans. Landscaping was discussed to buffer and screen neighboring sites as well as aesthetic purposes.

Mr. Cutler, Architect, DCarchitecture, LLC, presented the architectural portion of the building. He provided information on floor plans for a new building to include 2,500 square feet, explaining that the current application for use is for a liquor store but that the intended use for this property is single tenant retail. Mr. Cutler presented the design of the building, showing elevations and floor plans.

Mr. Hesketh, Licensed Engineer, F.A. Hesketh & Associates, Inc, explained the information gathered regarding traffic volume counts and projected traffic volume at specific times throughout the week. Based on traffic volume counts, proposed design, availability of site distances, projected traffic volume, Mr. Hesketh stated his firm believes this is an appropriate site for a liquor store. He noted that they would need approval from Department of Transportation for the encroachment to complete the driveway.

Mr. Smith summarized what his team presented. He stated for the record that the site is zoned B-1, he mentioned the aesthetics of the proposed property, he expressed a need for the proposed use of the building.

Mr. Smith explained that the parking lot needs to be larger (the extra 5 feet) for the large truck turn arounds, such as delivery trucks and garbage trucks.

Mr. Robert George, 126 Hopmeadow Street, Unit 3D, expressed concerns about traffic already generated by Cumberland Farms and Dunkin Donuts. He is concerned with the added traffic that will be generated by adding another retail space to the already busy area. Mr. George also noted his concerns with the amount of trash that will be generated by bottle returns, and the unsightliness of those returns.

Ms. Rabinowitz, 126 Hopmeadow Street, Unit 3B, relayed concerns of whether another liquor store is needed. She also agreed with Mr. George on the traffic concerns. Ms. Rabinowitz also expressed her concern regarding water run-off. She is worried about the heavy rain that would increase run off draining to the pond. Lastly, Ms. Rabinowitz expressed concerns in regards to crime related to liquor stores and the proximity to her property.

Ms. Carol Rappaport, 126 Hopmeadow Street, Unit 7G, expressed concerns with traffic. Ms. Rappaport expressed concern over the extended hours of the liquor store, being allowed to stay open until 9PM, as well as being open on Sundays. She doesn’t feel this is a good use of the property, and she said she is concerned about property values declining if a liquor store were to move into the property adjacent to hers. She was worried about light and sound pollution, as well as water run-off. Ms. Rappaport suggested the liquor store be housed in the pool barn.

Mr. Robert Hafnar, 126 Hopmeadow Street, Unit 1A, questioned whether there was a need for another liquor store, citing the close proximity of several other liquor stores within a four-mile radius. Mr. Hafnar also expressed safety concerns regarding traffic.

Mr. Evans noted that the State of Connecticut determines the number of liquor stores allowed in each town. The town of Simsbury is allowed to have a total of nine; there are only seven currently.

Ms. Deborah Bishop, 126 Hopmeadow Street, Unit 6A, pointed out that there are quite a few children in the complex and their bus stop is at the end of their driveway. She didn’t feel it was appropriate for the children to be at a bus stop next to a liquor store. She also had traffic concerns because trucks coming in or out of the retail business driveway will block the view to the north.

Motion: Mr. Gray made a motion to close the public hearing for application 18-49. Motion was seconded by Ms. Battos. Motion passed unanimously, 6-0.

3.            Application 18-56 Christopher J. Smith, Esq., Agent; Thomas R. Evans, Owner; for a Special Exception pursuant to Article Eight, Section A, Footnote 8, of the Simsbury Zoning Regulations to increase coverage to 58.7%, as provided by Article Eight, Height and Area Requirements, Subsection A, Scope of Requirements, Footnote 8, on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (public hearing must be closed by 11/19/2018)

Mr. Smith presented the Special Exception Application to increase the impervious surface coverage. Mr. Smith referenced the booklet handed out earlier in the evening.

Mr. Kement of Anchor Engineering presented updated revisions, clarifying details with regards to drainage and storm water runoff.

Ms. Battos asked if Mr. Kement could speak to the drainage concerns of the neighboring property presented by the public earlier. Mr. Kement spoke of the plan for water drainage from the roof and the parking lot, showing the plan on the enlarged plans on the visual boards.

Mr. Kement discussed the details around screening the dumpster pad with a vinyl fence surrounding the dumpster.

Mr. Ryan stated there is a site plan approval not subject to public hearing, which the Commission would address separately.

Mr. Elliott questioned the amount of water leaving the site. Mr. Kement stated that the water will be stored and treated, and that there will be a zero net increase of run-off.

Mr. Smith summarized the special exception to increase the impervious surface, noting the turning radius being important. Garbage and delivery trucks need the double exit and the room for turning around safely. Mr. Smith noted that many other properties in town have greater impervious areas.

Ms. Rabinowitz, 126 Hopmeadow Street, Unit 3B, spoke about concerns regarding added run off into the wetlands adjacent to the Talcott Ridge property. She further voiced concerns regarding where the snow will be piled up, assuming the snow will be pushed onto green spaces and when it melts, it will turn into run off water. She also has concerns that trucks will only be able to back into the property, as is the case with the “Live Everyday” building down the road. She asked that the commission consider that.

Mr. Hafnar, 126 Hopmeadow Street, Unit 1A, spoke of his concerns of nineteen parking spaces, increasing more traffic than expected. He also spoke about his concerns regarding whether the driveway would be paved or gravel, and that the salt or product placed on the driveway during winter will run off into the drain for the wetlands. He suggested that the parking lot on the side adjacent to Talcott Acres property be as high as Hopmeadow Street to prevent run-off into the drains for the wetlands on adjacent property.

Ms. Bishop, 126 Hopmeadow Street, Unit 6A brought to the commission’s attention that there have been reports of trucks turning around in the driveway to Talcott Ridge because it is easier for them. She stated she hopes the trucks don’t decide to turn around in Talcott Acres driveway.

Motion: Mr. Gray made a motion to continue Public Hearing on Application #18-56 on November 19, at the Regular Meeting. Motion was seconded by Ms. Beinstein. Motion passed unanimously, 6-0.

4.            Application #18-53 of Laurie & Paul Sellitto, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning Regulations for a home occupation for a landscaping business run out of the existing residence on the property located at 16 West Tomstead Road (Assessor’s Map G08, Block 120, Lot 058A). Zone R-15. (public hearing must be closed by 11/19/2018)

Ms. Battos and Mr. Campolieta recused themselves.

Ms. Sellitto presented the application for a Special Exception to run her business out of her home. The home was purchased at end of June 2017. Everything is stored in the garage except for the trailers. Applicant stated she had plans to erect a fence to screen the trailers from the neighbors’ sight.

Ms. Beinstein requested Ms. Sellitto describe the daily routine. Ms. Sellitto gave an in-depth, descriptive account of her daily routine from 8AM until approximately 5PM, depending on weather and daylight hours. She broke the activities down to three people: her husband, herself and her employee.

Ms. Sellitto stated that she ran the business out of her parent’s house temporarily and that the larger and off-season equipment was stored on the property of her friend.

Mr. Elliott questioned if Ms. Sellitto had spoken to the neighbors. Ms. Sellitto said she spoke to several neighbors, who seemed fine with the equipment being stored on site and the promise to install a fence to screen the trailers and equipment.

Mr. Elliott asked if Ms. Sellitto intended to keep the business long term and move it somewhere else. Ms. Sellitto stated that her and her husband always intended to run the business out of their house.

Mr. Ryan asked what equipment is stored outside. Ms. Sellitto answered that she has two landscaping trailers stored outside her home. There are also four full sized trucks on premises, all parked outside. She clarified that the bobcat is stored inside the garage.

Ms. Newton advised the Commission that there is a picture in the packet showing the trailers and the trucks stored on the property.

Mr. Schwarz asked if there is any client traffic to and from the residence. Ms. Sellitto denied any business clients coming to the house.

Mr. Gray asked if there is a site plan included. Ms. Sellitto replied that a hand drawn picture was included in the packet showing where the items were stored and the proposed fence site.

Ms Beinstein asked how she will get inside the fence and if there is a driveway to move the trailers in and out. Ms. Sellitto replied that she just drives over the grass.

Ms. Amanda Smith, 11 Forrest Lane, and Ms. Jennifer Seiderer, 48 Sand Hill Road, spoke in favor of Ms. Sellitto.

Mr. Matt Smolnik, 2 Carver Circle, expressed his shock with the amount of equipment the Sellittos owned. He cited articles that prohibit exterior storage or exterior indication of the profession going on. He expressed concern regarding equipment that will be added to the property when plowing season comes. Mr. Smolnik was concerned about his property devaluing if said commercial business be allowed to operate out of the residential zone near his home. He requested, on behalf of his family, that the Commission deny this special exception request.

Ms. Ann Hellwig, 26 Seminary Road, spoke about her concerns of safety for the children.

Ms. Marie Smolnik, 2 Carver Circle, spoke against the special exception for a business operating out of a personal residence. She expressed her frustration with the noise of the vehicles backing up and the loading and unloading of equipment. She mentioned that the trucks come out on the side yard to load equipment onto the trailers in the street. Ms. Smolnik also spoke about her home decreasing in value due to the commercial activity in her front yard. She suggested that Ms. Sellitto run her commercial vehicles and equipment out of a commercially zoned area.

Ms. Elizabeth Howley, 5 West Tomstead Road, spoke about her concerns regarding the increased traffic created by an 18’ trailer traveling regularly on their street and the safety of children.

Mr. Joe Lavaloa, 42 Carver Circle, commented that the neighborhood used to be very quiet and it was always a residential neighborhood, that’s why they bought there.

Josefina Cavezeas, 14 East Tomstead Road, spoke to the character of Ms. Sellitto. She said Ms. Sellitto expressed intentions to erect a fence to screen the equipment used for their landscape business..

Ms. Ruth Schwarz, 49 Carver Circle, noted that the trucks are noisy and seem to take up a large amount of the road; in her opinion, the residential roads were not intended for everyday commercial truck travel and use. Ms. Schwarz also mentioned child safety concerns.

Mr. Don Colantonio, 46 Carver Circle, shared safety concerns, environmental concerns with fuel storage and use, and neighborhood temperature.

Ms. Nikki Groeschner, 25 Northfield Road, spoke about the safety issues of children walking to school. She stated that there are often commercial vehicles, such as other landscaping company vehicles and trailers, FedEx trucks, etc. traveling the roads on which the children walk to school. Ms. Groeschner noted that there are always safety concerns, and that her children are walkers to and from school. She didn’t feel it is a safety issue to have Ms. Sellitto’s vehicles traveling in and out of the neighborhood.

Mr. Dave Demaris, 37 Carver Circle, spoke against having a business run out of a residential home. He felt the equipment should be stored offsite in a rental space of some kind.

Ms. Tia Raimo, 68 Library Lane, spoke in favor of the Applicant.

Motion: Mr. Gray made a motion to close the public hearing on Application #18-53. Motion was seconded by Ms. Beinstein. Chairman Ryan questioned closing the hearing vs. keeping it open until November 17, 2018. Motion carries 4-1 (Chairman Ryan), public hearing closed.

Ms. Battos and Mr. Campolieta return to Commission Meeting

VI.          OLD BUSINESS:

1.            Application # 18-38 of Thomas R. Evans and Christopher J. smith, Esq., Applicants, for a Text Amendment in Article Ten, Section E.3, Off-Street Parking Regulations, regarding the locations of parking areas. (decision must be rendered within 65 days of closing public hearing)

Ms. Battos expressed concern over text being broad and its potential to affect future situations. All board members discussed verbiage of current text and the proposed text amendment.

Mr. Elliott recognized the difficulty of developing a property without some accommodation.

Ms. Beinstein felt there should be a condition of screening added.

Ms. Newton suggested of how to reword the text.

Motion: Mr. Gray made a motion to approve the Text Amendment to read “Parking spaces and circulation drives shall not be located within twenty-five (25) feet of the front property line or within fifteen (15) feet of the side property line or within ten (10) feet pf the rear property line. The Zoning Commission may reduce the side parking setback by five (5) feet and require additional landscaping. Where parking areas abut a residential zone, parking spaces and circulation drives shall not be located within the front, rear or side yard setbacks. The Zoning Commission may reduce the side parking setback by five (5) feet and require additional landscaping for a business zoned property adjacent to an AZ zoned property where the closest dwelling on the AZ zoned property is at least 250 feet away from the Business zoned property’s nearest property line.” (Effective November 1, 2018)

Motion seconded by Ms. Battos. Motion passed unanimously, 6-0.

2.            Application #18-46 of John Galvin, Applicant, for a Text Amendment to Article Seven, Section I, of the Simsbury Zoning Regulations regarding vehicle repair facilities in the I-1 zone. (public hearing scheduled for 11/19/2018; referred to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)

No Action Required.

3.            Application #18-49 of Christopher J. Smith, Esquire, Agent; Thomas R. Evans, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a liquor permit for a package store on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (decision must be rendered by 11/21/2018)

Motion: Mr. Gray made a motion to table Application #18-49 to the next regular meeting scheduled for November 18, 2018. Motion seconded by Ms. Battos. Motion passed unanimously, 6-0.

4.            Application #18-50 of Christopher J. smith, Esquire, Agent; Thomas R. Evans, Owner; for a Site Plan Amendment for a package store on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (decision must be rendered by 11/21/2018)

Motion: Mr. Gray made a motion to table Application #18-50 to the next business meeting scheduled for November 18, 2018. Motion seconded by Ms. Battos. Motion passed unanimously, 6-0.

5.            Application #18-51 of Michael Glidden, CFM, CZEO, Director of Planning & Community Development, Applicant on behalf of the Simsbury Zoning Commission, for a Text Amendment to Article Seven, Section B-7, and Article Seven, Section C.9, of the Simsbury Zoning Regulations regarding accessory dwelling units. (public hearing scheduled for 11/19/2018; referred to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)

No Action Required.

6.            Application # 18-52 of Robin Newton, Code Compliance Officer, Applicant on behalf of the Simsbury Zoning Commission, for a Text Amendment to Article Ten, Section H.6, of the Simsbury Zoning Regulations regarding temporary liquor permits. (public hearing scheduled for 11/19/2018; referred to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)/

No Action Required.

7.            Application #18-53 of Laurie & Paul Sellitto, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning Regulations for a home occupation for a landscaping business run out of the existing residence on the property located at 16 West Tomstead Road (Assessor’s Map G08, Block 129, Lot 058A). Zone R-15. (decision must be rendered within 65 days of closing public hearing)

Ms. Battos and Mr. Campolieta recused themselves

Motion: Mr. Gray made a motion to approve Application #18-53. Mr. Schwartz seconded the motion.

Commission discussed. Mr. Gray suggested the Commission vote against, Ms. Beinstein noted that, as much as she would like to support local, she does not feel this is residential business. Mr. Elliott sympathized with the applicant, but can’t support running this business out of the home. Mr. Gray noted that it is an R-15 zone.

Application for Special Exception is denied, 0-5, motion fails.

8.            Application #18-55 of Anthony Piazza, Agent, Town of Simsbury Public Library, Owner, for a Site Plan Amendment for the installation of a brick screening wall for the installation of a stand-by generator on the property located at 725 Hopmeadow Street (Assessor’s Map G10, Block 203, Lot 049). Zone SC-1. (decision must be rendered by 12/05/2018)

Ms. Newton advised that DRB gave a favorable referral.

Motion: Mr. Elliott made a motion to approve Application #18-55 for a Site Plan Amendment for the installation of a brick screening wall for the installation of a stand-by generator on the property located at 725 Hopmeadow Street.

The Site Plan Amendment approval is subject to the following conditions of approval:

1. An administrative zoning compliance permit is required for the work.

2. Onsite Pre-Construction meeting with Zoning Enforcement is required prior to start of site work.

Motion was seconded by Ms. Beinstein. Motion passed unanimously, 6-0.

9.            Application #18-56 of Christopher J. Smith, Esquire, Agent; Thomas R. Evans, Owner, for a Special Exception pursuant to Article Eight, Section A, Footnote 8; of the Simsbury Zoning Regulations to increase coverage to 58.7%, as provided by Article Eight, Height and Area Requirements, Subsections A, scope of Requirements, Footnote 8, on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (decision must be rendered within 65 days of closing public hearing)

Motion: Mr. Gray made a motion to table Application #18-56 to the next scheduled meeting on November 19, 2018. Ms. Beinstein seconded the motion. Motion passed unanimously, 6-0.

VII.         NEW BUSINESS:

1.            Application #18-58 of Mark Greenberg, Agent; Betty Fiora, Owner, for a Zone Change from R-40 to B-3 on the property located on the northerly side of Albany Turnpike on the border of Simsbury and Canton (shown as Assessor’s Map A20, Block 503, Lot 002-A). Zone R-40. (to be received 10/15/2018; public hearing to be scheduled for 11/19/2018)

Public Hearing scheduled, No Action Needed.

2.            Application #18-59 of Joel D. Weisman and Gerald Roismen, Agents; 241-245 Hopmeadow Street, LLC, Owner; for a Zone Change from I-2 to B-3 on the property located at 241-245 Hopmeadow Street (Assessor’s Map F16, Block 116, Lot 003B). (to be received 10/15/2018; public hearing to be scheduled for 12/03/2018)

Public Hearing scheduled, No Action Needed.

VIII.        GENERAL COMMISSION BUSINESS

1.            Correspondence – No correspondence shared

2.            Zoning Regulations- Amendments

a.            Short-term residential rentals

Robin Newton handed out some options to consider, which were discussed briefly.

Chairman Ryan advised that the material should be reviewed and revisited at the next meeting.

IX.           ADJOURNMENT:

Motion: Mr. Gray made a motion to adjourn the meeting at 10:25PM. Motion was seconded by Ms. Beinstein. Motion passed unanimously, 6-0.

Submitted by:

Kimberly Rathbun

Zoning Commission Clerk