Zoning Commission Minutes 11/18/2019
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES - Subject to Vote of Approval
Monday, November 18, 2019 at 7 P.M.
Simsbury Town Hall - Main Meeting Room
933 Hopmeadow Street, Simsbury, CT
PRESENT: Dave Ryan, Kevin Gray, Jackie Battos, Bruce Elliott,
Donna Beinstein, Michael Doyle, Joseph Campolieta,
Melissa Osborne
ABSENT: Gavin Schwarz
ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development
I. CALL TO ORDER: Chairman Ryan called the meeting to order at 7:00
P.M.
Chairman Ryan congratulated Ms. Battos on her election to the Board of Selectman, noting that this will be her last meeting with the Zoning Commission, and thanked her for her time with the Commission.
Chairman Ryan noted that although Mr. Schwarz was absent this evening, he wished to thank him for his time and contribution to the Zoning Commission, as tonight was his last meeting.
Chairman Ryan noted that moving forward, Anne Erikson (R) will join the Zoning Commission in Ms. Batto’s place, as well as Diane Madigan (R) and Shannon Knall (D) as alternates.
II. ROLL CALL:
1. Appointment of Alternates: full complementary Commission, no appointment of alternates necessary.
III. APPROVAL OF MINUTES:
At 7:03 P.M., a motion was made by Mr. Doyle to add consideration of the
September 16, 2019 meeting minutes to the Agenda for approval. Motion was
seconded by Mr. Gray, and the motion passed unanimously, 6-0.
At 7:04 P.M., a motion was made by Mr.Gray to approve the September 16th, 2019 meeting minutes with the following edits:
Line 41: Remove the name Ms. Lang and replace with the name Ms. Beinstein.
Ms.Beinstein seconded the motion and the motion passed unanimously, 6-0.
At 7:04 P.M., a motion was made by Mr. Elliott to adopt the October 21st,
2019 meeting minutes as submitted. Motion was seconded by Mr. Gray, and the motion passed unanimously, 6-0.
IV. PUBLIC HEARINGS:
1. Application #19-44 of Adam Belward, Owner; for a Special Exception pursuant to Article Seven, Section C.1. of the Simsbury Zoning Regulations, to allow a home occupation cottage food operation on the property located at 23 Riverside Road (Assessor’s Map H12, Block 108, Lot 003). Zone R-40.
Adam Belward presented Application #19-44 to the Commission. He spoke about his background of culinary arts, his current job selling wine, and his desire to make and sell food out of his home. He spoke about the marketing strategies he intends to use, mostly social media driven.
When asked by the Commission about the space he would use, he spoke of his experience with Servsafe which is a program identifying safe handling of food. The Commission asked for clarification on the location of food prep. Mr. Belward answered that he would be preparing and storing all food items and supplies in his kitchen. He also clarified that he will deliver all food orders in his personal vehicle, so there should not be any increase in traffic pattern.
Kelsey Aldrich, 21 Riverside Road, spoke against Application #19-44. Ms. Aldrich had concerns about the generation of garbage and trash (especially because of the amount of bears in the area) and septic tank issues with the addition of flour and baking. She is also concerned about traffic on the road because it is a busy road.
Bill Savage, 20 Riverside Road, spoke against Application #19-44. Mr. Savage inquired whether Mr. Belward introduced himself to the neighbors and shared his plans for the home business. Mr. Savage also had concerns about disposal of waste water.
Mr. Belward re-addressed the concerns presented by the public. He did not expect there to be so much interest from the neighbors. He spoke about his desire to share his passion for baking and pursuing his business as a part time venture, and noted that if the business needs grew larger, he would find a brick and mortar building to grow his operation. He noted that the state limits how much food he can make and sell out of his home, and that the income must be documented for tax purposes. Mr. Belward stated that all garbage will be contained in the garage. He did not feel there would be a great increase in waste water.
Mr. Elliott noted that the state does recommend that property water and septic system be tested.
Ms. Aldrich re-addressed the Commission. She expressed her concern of the increased waste, as they live by the Farmington River, in a flood plain area. She stated that everything floods near them.
Mr. Glidden clarified that this property is not in the 100 year regulatory Flood Plain. He Advised the Commission to review article 7, Section C10 prior to making any decision on Application #19-44. He also noted that Consumer protection will require that the water be tested, and it would be in the applicant’s best interest to test the septic system. Mr. Glidden’s office has no information that would indicate that the septic system is failing (as they are usually notified of such).
At 7:20 P.M., a motion was made by Mr. Gray to close the Public Hearing on
Application #19-44. Motion was seconded by Mr. Doyle, and the motion passed unanimously, 6-0.
V. OLD BUSINESS
1. Application #19-44 of Adam Belward, Owner; for a Special Exception pursuant to Article Seven, Section C.1. of the Simsbury Zoning Regulations, to allow a home occupation cottage food operation on the property located at 23 Riverside Road (Assessor’s Map H12, Block 108, Lot 003). Zone R-40.
At 7:22 P.M., a motion was made by Mr. Gray to approve application #19-44 of Adam Belward, Owner; for a Special Exception pursuant to Article 7, Section C 10 of the Simsbury Zoning Regulations, to allow a home occupation cottage food operation on the property located at 23 Riverside Road.
Special Exception is subject to the following conditions:
1. An administrative zoning permit is required for business.
2. For issuance of administrative zoning permit, applicant is to provide the following documents:
a. Copy of application for DCP cottage food license.
3. As per application, there will be no exterior evidence of business at the Residence.
4. Expansion of the business requires approval from the Zoning Commission.
Discussion was had by the Commission regarding Application #19-44. Staff reviewed Article 7, Section C 10 of the Zoning Regulations concerning criteria for granting a Special Exception, the Commission reviewed the list in order to determine that the applicant has demonstrated compliance. All Commission members agreed that none of the standards are an issue.
Motion was seconded by Ms. Beinstein, and the motion carried, 6-0.
2. Application #19-46 of T.J. Donahue, Jr., Applicant; McLean Affiliates, Inc., Owner; for a Site Plan Amendment to construct a 54-unit residential building and appurtenant amenities at the McLean campus on the property located at 85 & 95 Firetown Road, and 75 Great Pond Road (Assessor’s map E08, Block 147, 148, Lot 001). Zone R-40.
Attorney T. J. Donahue spoke on behalf of Application #19-46, reviewing the changes that McLean is looking to make to their campus. He reminded the Commission that the applicant has been at several meetings discussing this project with Zoning Commission and he noted that Design Review Board had specific feedback and changes they were looking for the applicant to make. The applicant has been compliant with the requests, and Attorney Donahue wants the record to reflect that they have received a favorable recommendation from Design Review Board and approval from Watercourses.
Attorney Donahue introduced Mike Doherty, Lead Landscape Architect, Milone & MacBroom, to review the project and the changes that have been made to the original plans. Design Review Board had concerns about access from the terrace to the lawn for persons with mobility issues (people in wheelchairs). Mr. Doherty explained the changes in the rear sidewalk (ground level) which will allow access to everyone, including persons with mobility issues to enjoy the grassy area. Mr. Doherty discussed changes in the large wall terrace on the back of the property, the vegetation and plantings that will be used to soften the wall. Discussion was had about adding texture to the rear wall near the mechanical door, and choosing a color for that door to blend into the wall as opposed to choosing an accent color for the door off the sidewalk that will bring you to the elevators.
Mr. Glidden added that the Town Engineer, Chief of Police/Traffic Authority, Fire Marshall, Inland Wetlands and WPCA have all given approval of these plans.
At 7:44 P.M., a motion was made by Ms. Battos to approve Application #19-46 of T.J. Donahue, Jr. Applicant; McLean Affiliates, Inc., Owner; for a Site Plan Amendment to construct a 54-unit residential building and appurtenant amenities at the McLean campus on the property located at 85 & 95 Firetown Road, and 75 Great Pond Road.
The Site Plan Amendment approval is subject to the following conditions:
1. An administrative zoning permit is required for the construction of a new facility.
2. Prior to issuance of a building permit, the applicant is required to provide the following:
a. Copy of permit from OSTA (if required).
b. Copy of CTDEEP stormwater permit (if required).
c. 2 mylars of Sheet LS to be signed by the Chairman. One is to be filed on Land Records with Simsbury Town Clerk. Second is for Engineering Department.
d. Posting of a $15,000.00 cash bond with Town of Simsbury for erosion and sediment control.
3. A pre-construction meeting is required with Town Staff prior to start of site-work.
4. Erosion and Sediment Control measures are to be inspected and reviewed by Town Staff after installation.
5. Conditions of Approval from Inland Wetlands permit are incorporated into this approval.
6. For issuance of a Certificate of Occupancy, the applicant is to provide the following:
a. Final As-Built drawings prepared by a licensed surveyor. As-Built drawings are to be class A2 T2. All site improvements are to be illustrated, such as building location (horizontal and vertical), and other pertinent site development information illustrated on the approved site plan.
b. Certification from the design engineer that stormwater features were installed per plan and function as intended.
c. Documentation that connection fee has been paid to WPCA.
7. The Commission authorizes Staff to approve minor changes to the approved plan such as landscaping, grading, stormwater management, or similar site features. Requests for changes are to be made in writing to Staff prior to implementation in the field.
Motion was seconded by Mr. Doyle, and the motion passed unanimously, 6-0.
VI. NEW BUSINESS:
1. Receipt of New Applications
a. Application #19-47 of Tyler Wilson, Agent; Reina Pereira, Owner; for a Site Plan Amendment to construct an in-law apartment in the basement of the single family dwelling on the property located at 125 Old Canal Way. (Assessor’s Map E17, Block 201, Lot 029). Zone RD.
Tyler Wilson presented Application #19-47 to the Commission. He explained that that the applicant’s mother is elderly and she needs to move in with her. He described the property, and explained the layout of where the in-law unit would be.
Mr. Glidden noted that the application was necessary because the applicant included a kitchenette in the plans. If there was not a kitchen, there would be no need for a Site Plan Amendment. The applicant provided a floor plan of 590 square feet, meeting the square footage requirements for regulations. Mr. Glidden also noted that this property is part of a homeowner’s association, so it is subject to their by-laws, which are more restrictive than the town regulations.
Mr. Glidden also clarified that the applicant offered as a concession to remove the kitchenette if her mother moves out. If mother moves out, use is abandoned, and they would start all over.
Mr. Elliott expressed concerns over the property being listed as a P.U.D., not falling into residential zoning. Discussion was had between Mr. Glidden and Commission about why it is strictly a residential zoning district. Mr. Glidden also explained that the P.U.D. is strictly a Tax classification, and ensured the Commission that it is a residential area and that it is an approved use.
At 8:03 P.M., a motion was made by Mr. Gray to approve Application #19-47, of
Tyler Wilson, Agent; Reina Pereira, Owner; for a Site Plan Amendment to construct an in-law apartment in the basement of the single family dwelling on the property located at 125 Old Canal Way.
The Site Plan approval is subject to the following conditions:
1. An administrative zoning permit is required for the construction of accessory dwelling unit.
2. Approval is for an accessory dwelling unit that is a total of 590 square feet. Increases of the footprint of the accessory dwelling unit must be approved by the Zoning Commission.
Motion was seconded by Mr. Doyle. Motion carried, 5-1-0, with Mr. Elliot opposing.
VII. GENERAL COMMISSION BUSINESS:
1. Correspondence - none
2. Regulations Update - Mr. Glidden provided a packet to the Commission members with all the updates, items deleted, added and updated. Chairman Ryan requested that all the Commission members review the packet and email Mr. Glidden with any questions. Mr. Glidden noted that the packet has also been mailed to town Attorney, Robert DeCrescenzo for a legal review. It will eventually be filed for public hearing.
Mr. Gray called attention to page 11, and asked for clarification. Mr. Glidden spoke about the importance of keeping center code and regulations separate. More discussion to follow.
3. Letter from Shu Gui Chen re: request for extension of Application
#14-49 SPA approval - Mr. Glidden advised the Commission that Mr. Chen is seeking an extension on the application. There has been some Discussion about possibly putting another restaurant on this property.
Mr. Glidden provided clarification on the location of the property.
At 8:13 P.M., Mr Gray made a motion to approve application #14-49 SPA to extend the application an additional five years. Motion was seconded by Ms. Battos, and the motion passed unanimously, 6-0.
4. Appointment of Zoning Commission liaison to EDC – Chairman Ryan suggested this be tabled until the next meeting. The meetings are at 5:30 P.M. the fourth Wednesdays of the month.
5. Appointment to Board of Selectmen work group re: Short-Term
Rentals - Mr. Elliott volunteered to cover this work group, Chairman Ryan will relay to the Town Manager that Mr. Elliott has committed to covering this.
VIII. ADJOURNMENT:
At 8:16 P.M., Mr. Gray made a motion to adjourn the meeting.
Motion was seconded by Mr. Doyle. Motion passed unanimously, 6-0.
Submitted by:
Kimberly Rathbun
Commission Clerk