Zoning Commission Minutes 11/19/2018
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES-SUBJECT TO VOTE OF APPROVAL
MONDAY, NOVEMBER 19, 2018 AT 7PM
SIMSBURY TOWN HALL-MAIN MEETING ROOM
I. CALL TO ORDER- Chairman David Ryan called the meeting to order at 7:00pm
II. ROLL CALL
Present: David Ryan, Kevin Gray, Jackie Barros, Donna Beinstein, Bruce Elliott, Gavin Schwarz, Michael Doyle, Joseph Campolieta, Thomas Frank
Staff Present: Michael Glidden, Director of Planning & Community Development;
Robin Newton, Code Compliance Officer
III. APPROVAL OF MINUTES of the October 15, 2018 regular meeting
• Correction for lines 58, 116, 117, and 154: The last name should state Hafner instead of Hafnar.
• Correction for line 264: The date should read November 19, 2018 instead of November 18, 2018
• The motion passed unanimously to adopt the minutes.
IV. PUBLIC HEARINGS
1. 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.
Michael Glidden stated that there was a positive referral from the Planning Commission for this application and that, if approved, it would be pertain to all I-1 zones.
Commissioner Gray made a motion to close the public hearing for application #18-46. It was seconded by Commissioner Beinstein. The motion passed unanimously.
2. 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.
Michael Glidden stated that regulation updates would include interior connections, a max square footage of 1000 (sq ft), shared utilities, and an additional parking space for tenants.
Commissioner Gray moved to close the public hearing for application #18-51. It was seconded by Commissioner Doyle and the motion passed unanimously.
3. 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.
Ms. Newton stated that changing the language via a Text Amendment would make it easier for businesses to go through the process of applying for liquor permits. The new language, as proposed, would change the process from a Special Exception to a Site Plan of Approval. This will allow businesses to have 15 events per calendar year where alcohol is served. If the events exceed 15, they will have to apply for a Special Exception.
Public audience (Mr. Janson of 3 Fox Den, and Marshall Epstein, both spoke in favor of the change.)
Commissioner Gray made a motion to close the public hearing for application #18-52. Jackie Barros seconded the motion and the motion passed unanimously.
4. Application #18-56 of 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.
The applicant is requesting approval for the demolition of the existing residence for the construction of a new retail store.
The subject property is located within a B-1 zoning district. The maximum impervious coverage for the zoning district is 40%. Impervious coverage is the area of building, paved surfaces intended for parking or access, and improvements, such as walkways, etc. For the proposed development, the total area of all these features exceeds the maximum of 40%.
Pursuant to Article 8, Section A. 8, the Zoning Commission may grant a special exception after a public hearing to allow for the increase of impervious coverage for up to 50% above the maximum allowed in the subject zoning district.
A detailed drainage report and design have been prepared and modified by the applicant’s agent after the last meeting of the Zoning Commission. The Town Engineer has reviewed the revised documents and has determined that the applicant has addressed all of the comments to his satisfaction.
Merrick Hennig and Attorney Christopher J Smith Eqsuire were both present to represent owner, Thomas Evans.
Hennig discussed storm drainage concerns, snow removal, and treated water.
Smith discussed parking, a proposed 0% increase in water run-off, property re-structure, and water treatment.
Public speaker, Carol Ravenport (126 Hopmeadow Street), was present to discuss snow removal.
Public speaker, Harold Bender (Maureen Drive), was present to discuss drainage and snow removal concerns.
Deborah Bishop (126 Hopmeadow Street) was present to discuss snow removal and an increase of large trucks in the area of the condos.
Commissioner Gray made a motion to close the public hearing for application #18-56. The motion was seconded by Donna Beinstein, and was passed unanimously.
5. Application #18-58 of Mark Greenburg, 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.
Phil Doyle (Land Planner) and Rich Correia (Property Manager) were present to discuss the property belonging to Betty Fiora. They discussed the proposal for an R-40 to B-3 Zone change.
Michael Glidden stated that the applicants received a positive referral from the Planning Commission and that the proposal was in line with the POCD. He also mentioned that discussions have already been had regarding sewer connections and that the Fire Marshal has no objections to the zone change.
Glidden also discussed the higher standards regarding B-3 properties that are highlighted in the regulations. Height of buildings, landscaping, and safety concerns are taken into effect.
Doyle stated that the property would best be accessed in the Town of Canton.
Commissioner Elliott was concerned about the types of properties/businesses that will go onto the property.
Rich Correia added that smaller sized buildings/businesses will be on the property, as opposed to a ‘big box’ business.
Public Speaker, Harold Bender (6 Maureen Drive) was present to discuss run off, access driveway, sewers, and water treatment and how it will affect close-by properties.
Commissioner Gray moved to close public hearing for application #18-58. The motion was seconded by Donna Beinstein, and was passed unanimously.
V. OLD BUSINESS
1. Applications
a. 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.
Jackie Barros made a motion to approve application #18-46, effective December 15, 2018. The motion was seconded by Commissioner Gray. The motion passed unanimously.
Glidden made a suggestion to amend the agenda regarding the applications of Thomas Evans. Commissioner Gray made a motion to amend the agenda to discuss the applications in the following order: #18-56, #18-49, and #18-50. The motion was seconded by Ryan, and passed unanimously.
b. Application #18-56 of 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.
Commissioner Gray made a motion to approve application #18-56 incorporating the conditions made by Michael Glidden in the staff report.
The special exception approval is subject to following conditions:
1. The special exception is for an increase of 18.7% to the maximum impervious coverage for the zoning district. Any changes to the maximum impervious coverage of the site which result in an increase beyond 58.7% will require approval by the Zoning Commission.
2. A mylar of Sheet 2 of 4 of approved plan set plans entitled: “Site Development Plan of 132 Hopmeadow Street, Simsbury, CT, Prepared for Thomas R. Evans, 271 West Pond Meadow Road, Westbrook, CT” prepared by Anchor Engineering. Revision date 10/18/2018 is to be filed on the Land Records with the Simsbury Town Clerk.
3. Pursuant to Operation and Management Plan, applicant to provide yearly inspection reports to Planning Department that storm water management structures/features are operating as intended.
4. Special Exception is for lot coverage. Curb cut layout (driveway to Hopmeadow Street) requires approval from CTDOT District 4.
The motion passed unanimously.
c. 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.
Commissioner Gray made a motion to approve application #18-49 of Christopher Smith. Motion was seconded by Jackie Barros.
Commissioner Elliott explained that he did not approve the application because of other liquor stores in the area.
The motion passed 5-1. (Elliott opposed)
d. 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.
The property owner of 132 Hopmeadow Street is seeking approval for a site plan amendment for demolition of the existing residence. The plan calls for the construction of a commercial structure with parking facility.
The subject property is located within a B-1 zoning district. Article 7, Section E. 2 of the Zoning Regulations states that, in this zoning district, retail stores are permitted, subject to site plan approval.
Special Exceptions
The proposal requires two special exceptions directly connected to the development of the property that are separate from the site plan approval request:
1) The applicant is requesting to increase to maximum impervious coverage from 40% to 58.7%.
2) A liquor license is being requested for the operation of a retail liquor store. Staff asked that the Commission limit any comments which are relevant to the special exception requests to these agenda items for the meeting.
The proposed building conforms to the building setbacks for the zoning district.
The Commission may recall that the applicant recently submitted a text amendment reducing the setbacks for parking facilities in business zones that abut AZ zones where the closest residential structure is greater than 250 ft from the nearest property line. According to the GIS, the closest residential structure that is zoned AZ is 290 ft. from the property line.
A motion to approve 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.
The Site Plan Amendment approval is made based on plans entitled “Site Development Plan of 132 Hopmeadow Street, Simsbury, CT, Prepared for Thomas R. Evans, 271 West Pond Meadow Road, Westbrook, CT,” prepared by Anchor Engineering. Revision date 10/18/2018.
Commissioner Barros made a motion to approve application #18-50 subject to the following conditions:
1. Mylar prints of sheets 1 of 4 and 2 of 4 are to be submitted for signature of the Chairman to the Planning Department.
2. An administrative Zoning Compliance Review is required for site development.
3. Curb cut/driveway entrance requires approval from CTDOT District 4. Applicant must provide copy of approval from CTDOT District 4 for issuance of the administrative Zoning Compliance Review permit.
4. An onsite pre-construction meeting with the Zoning Enforcement Officer is required prior to commencement of site work.
5. Approval is strictly for site development. A separate approval for signage is required from the Zoning Commission.
6. For issuance of a certificate of occupancy:
a. Final As-Built drawings are to be submitted and reviewed by the Zoning Enforcement Officer for consistency with this approval.
b. A Professional Engineer must provide certification that storm water management features are installed and function in accordance with approved plans.
c. Applicant is to provide documentation that well is properly abandoned, pursuant to CT Health Code.
7. The Zoning Commission authorizes staff to act on their behalf to approve minor modifications to landscaping or grading. Requests for modifications are to be made in writing to the Zoning Enforcement Officer prior to implementation in the field.
It was seconded by Commissioner Gray and passed unanimously.
e. 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.
Commissioner Gray made a motion to approve application #18-51 with one change (to delete words in section C.1.E, that say “along a column wall”), effective December 15, 2018.
The motion was seconded by Jackie Barros and passed unanimously.
f. 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.
Donna Beinstein made a motion to approve #18-52, effective December 15, 2018. The motion was seconded by Mr. Elliott and passed unanimously.
g. Application #18-58 of Mark Greenburg, 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 on Assessor’s Map A20, Block 503, Lot 002-A). Zone R-40.
Commissioner Elliott showed concern for residents who live close by the property and questioned the property’s potential use.
Jackie Barros made a motion to approve application #18-58 from an R-40 to a B-3, with an effective date of December 15, 2018. The motion was seconded by Mr. Gray, and passed unanimously.
h. 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 (shown on the Assessor’s Map F16, Block 116, Lot 003B). (public hearing scheduled for 12/03/2018)
NO ACTION WAS REQUIRED OF THE COMMISSION AT THIS TIME
VI. NEW BUSINESS
1. Receipt of New Business
a. Application #18-61 of Scott Brace, PDS Engineering & Construction, Agent; Dyno Nobel, Inc., for a Special Exception pursuant to Article Seven, Section M.7.b, of the Town of Simsbury Zoning Regulations for the filling and grading in the floodplain on the property located at 640 Hopmeadow Street (Assessor’s Map G11, Block 132, Lot 052). Zone I-2.
Michael Glidden stated that the commission should just be aware of the application at this time. There is a public hearing scheduled for 12/03/2018.
b. Application #18-62 of Milton Gregory, AIA, Architect, Agent; Storage Pros Simsbury LLC and JA-Simsbury LLC (TC), Owners; for Site Plan Amendment to convert building #1 to climate-controlled self-storage use on the property located at 1280 Hopmeadow Street (Assessor’s Map I05, Block 439, Lot 002+2AA). Zone I-2.
A motion was made by Chairman Ryan to table application #18-62 until December 17, 2018. The motion passed unanimously.
c. Application #18-63 of Brennan White, Kaestle Boos Architects Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Seven, Section A.4 for alterations and additions to Henry James Memorial School on the property of 155 Firetown Road (being located on the west side of Firetown Road between Simscroft Road and Branch Brook Drive). Zone R-15.
Michael Glidden stated that application was filed in time to get the advertisements in. The public hearing will be on 12/03/2018.
VII. GENERAL COMMISSION BUSINESS
1. Request by Julie Christensen for the ability to host weddings on Flamig Farm property on West Mountain Road.
Pete Christensen, a fifth generation farmer from Flamig Farm, was present to discuss a proposal for the use of Flamig Farm property.
He stated that his family is looking to cater weddings on their farm with the following rules of engagement:
• The weddings will take place from May to October only;
• There will be a maximum of 1 wedding per week;
• There will be 250 or less guests per event;
• Neighbors have already approved of the request.
Pete asked the advice and opinions of the zoning commission regarding his family’s request.
Jackie Barrios suggested tabling the discussion until after additional research has been conducted.
Mike Glidden suggested a possible Text Amendment.
Chairman Ryan suggested Pete meet with staff to have further discussions on the topic.
Pete thanked the Commission and staff and stated he was looking forward to further discussions about the request.
2. Frank Lucca, owner of Powderman Spirits, a distillery, is looking to move his business to a downtown location.
Mr. Lucca was present to request information and advice from the commission. He stated that he will have to apply for a Text Amendment in order to move his business to the center of Simsbury.
Michael Glidden stated that distilleries are considered “light manufacturing” businesses, which are not allowed in the center of town. He could attempt to amend the regulations, but before Frank Lucca goes forward, he would like to discuss his ideas with the commission.
Glidden suggested changing the winery, brewery, and distillery businesses from “light industry” to “restaurant and bar.”
The staff and commission will discuss a possible Text Amendment in the future regarding Frank Lucca’s request.
3. Correspondence
a. Letter from ZBA regarding appeal of Zoning Official Decision- 60 Westledge Road- Staff and Zoning Commission discussed letter from the ZBA. The letter encouraged the Zoning Commission to add the use of passive open space as an as of right use in all zones throughout Town. The Zoning Commission stated that would add the topic to the overall Zoning Regulation update.
VIII. ADJOURNMENT
Commissioner Gray made a motion to adjourn at 9:25pm. The motion was seconded by Jackie Barrios and passed unanimously.
Submitted by
Tammy Marzucca
Planning Commission Clerk