Zoning Commission Minutes 12/17/2018
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES – Subject to Vote of Approval
Monday, December 17, 2018 at 7 P.M.
Simsbury Town Hall – Board of Education Conference Room
933 Hopmeadow Street, Simsbury, CT
PRESENT: Dave Ryan, Bruce Elliott, Donna Beinstein, Kevin Gray, Jackie Battos, Gavin Schwarz, Tom Frank
ABSENT: Joseph Campolieta, Michael Doyle
ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development
Robin Newton, CZEO, Code Compliance Officer
I. CALL TO ORDER:
Chairman Ryan called the meeting to order at 7:01 P.M.
II. ROLL CALL:
1. Appointment of Alternates: Chairman Ryan appointed Tom Frank as alternate for Michael Doyle.
III. APPROVAL OF MINUTES: December 3, 2018 Regular meeting
Mr. Elliott suggested that, after line 147, the following sentence be added to the minutes:
In response to inquiry about past input from the town attorney, Ms. Newton said that the town attorney was inclined toward using an ordinance and the Board of Selectman rather than regulation by Zoning Regulations.
Chairman Ryan requested to change line 148 to read: Chairman Ryan requested that Staff prepare a document addressing short-term rental implications for Board of Selectman and our regulations.
Line 45: Change the sentence to read: Ed Bernier, a carpenter who works for Dyno Nobel, described the fabrication that takes place on premises.
Motion: Mr. Elliott made a motion to approve the regular meeting minutes from December 3, 2018 with the changes noted at 7:06 P.M. Ms. Battos seconded the motion. Motion passed 5-0-1, with Mr. Frank abstaining.
IV. PUBLIC HEARINGS:
1. 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 located at 155 Firetown Road (being located on the west side of the Firetown Road between Simscroft Road and Branch Brook Drive). Zone R-15
Mr. Brennan White, Landscape Architect for Kaestle Boos Associates, presented and discussed plans for alterations and additions to the Henry James Memorial School. He showed plans to add a media center and a courtyard to the existing property. Mr. White also showed the commission improvements to be made to the site, including parking, walkways and landscape esthetics. Mr. White discussed drainage, traffic, security and time frame for completion and construction.
Mr. John Fraioli, of Downs Construction provided the Commission with an overview of the construction portion of the project. Mr. Fraioli addressed safety concerns, construction access, equipment that would be on premises long term, drainage and traffic concerns. Mr. Fraioli also answered questions from Mr. Gray regarding the gas line and pipes access and how it would affect normal operation with the school schedule. Mr. Fraioli clarified that there will only be one point of entry and exit, and the area will be fenced. The construction time line was discussed, addressing concerns about how school would be affected, including classrooms, drop off and pick up (no construction vehicle traffic during these times). Mr. Fraioli also discussed the “Good Neighbor Policy,” in which the public is invited to a meeting to discuss concerns, and how each contractor/worker will be processed for background checks.
Mr. Gray inquired if the Board of Education has signed off on this project. Staff clarified that the financing has been approved, but final details are not yet approved.
Motion: At 7:33 P.M., Mr. Gray made a motion to close the public hearing for Application #18-63. Ms. Battos seconded the motion. Motion passed 5-0-1, with Mr. Frank abstaining.
2. Application #18-64 of Michael Glidden, CFM, CZEO, Director of Planning & Community Development, Applicant on behalf of the Simsbury Zoning Commission, for Text Amendments to Chapter 4, Section 3.2.I and Chapter 4, Section 3.4.d of the Simsbury Center Code reclassifying distilleries, wineries, and breweries in the Simsbury Center Code Area as restaurant/bar uses instead of light industrial. (public hearing must be closed by 01/21/2019)
No action needed; item will remain on the agenda for the next regular meeting January 7, 2019.
V. OLD BUSINESS:
1. Applications
a. #18-62 of Milton Gregory Grew, AIA, Architect, Agent; Storage Pros Simsbury LLC and JA-Simsbury LLC (TC), Owners; for a 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.
Mr. Milton Gregory Grew, AIA, Architect, presented Application #18-62 to the Commission. Mr. Grew showed picture boards of what the property currently looks like and showed an illustration of what the interior of the office building that faces Hopmeadow Street would look like after the requested changes. Mr. Grew explained that there is no need to change the outside appearance of the building. Vehicles would only access the building from the rear of the building, where there is already a gated entrance to the existing non-climate controlled storage units. No mechanical changes (HVAC) would be made to the current office building, as the building is already climate-controlled. Mr. Grew answered questions about lighting, advising that all lights are motion activated.
Motion: At 7:43 P.M., a motion was made by Mr. Gray to approve Application #18-62 of Milton Gregory Grew, AIA, Architect, Agent; Storage Pros Simsbury LLC and JA-Simsbury LLC (TC), Owners; for a Site Plan Amendment to convert Building #1 to climate-controlled self-storage use on the property located at 1280 Hopmeadow Street with the following conditions:
1. Administrative zoning permit is required for change of use.
2. No exterior changes to the building or plan; changes to the façade require approval from Zoning Commission.
3. The Commission waived the requirement of a site plan drawing.
Motion was seconded by Ms. Battos. Motion passed unanimously, 6-0.
b. 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 located at 155 Firetown Road (being located on the west side of Firetown Road between Simscroft Road and Branch Brook Drive). Zone R-15.
Motion: At 7:46 P.M., a motion was made by Ms. Battos to approve 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 the alterations and additions to Henry James Memorial School on the property located at 155 Firetown Road.
The special exception approval is subject to the following conditions:
1. Final plans are to include the following modifications:
a. Leaders along the right side of Sheet L1.01 are cut off by the border. Revise for final record drawings.
b. Update survey and existing conditions backgrounds with existing drywell locations based on record mapping, as discussed.
c. The existing catch basin located in the entrance drive is connected to a buried drywell based on record mapping. Show demolition of pipe and drywell for the proposed alternate.
d. Separation distance between sanitary and storm facilities should be a minimum of 10 feet. DMH-1 is located within 3 feet of the existing sanitary lateral. Revise accordingly.
e. Depict all proposed inspection port locations for the underground detention. Confirm with the Board of Education that locations will not conflict with existing sport fields.
f. Provide utility crossing information for new crossings as a result of the revised drainage layout. Consider test pits to confirm existing utility location for utilities based on record drawings.
g. Add outlet pipe elevation to the infiltration basin sections on Sheet C3.02.
h. Coordinate Sheet L0.01 and Sheet C1.01. Discrepancies include but are note limited to; construction entrance(s), size and configuration, as well as note regarding temporary grading and stabilization of north construction entrance.
i. Verify that the existing sanitary MH has capacity for an additional 6” invert.
2. 2 Mylar prints of following sheets: OSP 1.01; L4.01; SS1.01; SS1.02; C2.01; and L2.0. One copy shall be filed on the Simsbury Land Records and one copy to be filed with the Engineering Department.
3. L4.01 are to be submitted for signature of the Chairman to the Planning Department.
4. Proposed work within the Town right-of-way is subject to an excavation permit through the Engineering Department, to be filed by the contractor prior to the start of work.
5. An administrative zoning permit is required for the project.
6. For issuance of an administrative zoning permit, the applicant must provide written approval from WPCA staff.
7. A pre-construction meeting with the Zoning Enforcement Officer is required before commencement of site work.
8. Conditions from Erosion and Sediment Control referral are considered to be conditions of approval for Zoning Commission.
9. 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 the approval.
b. A professional Engineer must provide certification that storm water management features are installed and function in accordance with approved plans.
10. The Zoning Commission authorizes staff to act on their behalf as it relates to minor changes to landscaping and grading. The applicant is required to submit written request to staff which outlines the proposed changes. No changes to the approval are authorized without authorization.
Motion was seconded by Mr. Elliott. Motion passed, 5-0-1, with Mr. Frank abstaining.
c. Application #18-64 of Michael Glidden, CFM, CZEO, Director of Planning & Community Development, Applicant on behalf of the Simsbury Zoning Commission, for Text Amendments to Chapter 4, Section 3.2.I and Chapter 4, 3.4.d of the Simsbury Center Code reclassifying distilleries, wineries, and breweries in the Simsbury Center Code Area as restaurant/bar uses instead of light industrial. (decision must be rendered within 65 days of closing public hearing)
Tabled to January 7, 2019 Regular meeting after legal notice is run.
VI. NEW BUSINESS:
1. Receipt of New Applications
a. Application #18-65 of Joe Buda, Agent; Simsbury Historical Society, Owner; for a Site Plan Amendment to add a wigwam and brick sidewalks on the property located at 800 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001). Zones SC-1 and SC-3. (to be received by 12/17/2018; decision must be rendered by 02/20/2019)
Staff advised that DRB gave a favorable recommendation for the Site Plan Amendment. Staff also supports granting approval.
Motion: At 7:50 P.M., Ms. Battos made a motion to approve Application #18-65 of Joe Buda, Agent; Simsbury Historical Society, Owner; for a Site Plan Amendment to add a wigwam and brick sidewalks on the property located at 800 Hopmeadow Street. The site plan amendment approval is subject to the following condition:
1. Administrative zoning permit is required.
Ms. Beinstein seconded the motion. Motion passed unanimously, 6-0.
b. Application # 18-66 of Jerome Shea, PE, Town Engineer; Town of Simsbury, Owner; for a Special Exception pursuant to Article Seven, Section M, of the Simsbury Zoning Regulations for construction in the floodplain on the property located at 1 Old Bridge Road (Assessor’s Map H11, Block 144, Lot 007). Zone R-15. (to be received 12/17/2018; schedule public hearing for 01/07/2019)
No action needed.
c. Application #18-67 of Jerome Shea, PE, Town Engineer; Town of Simsbury, Owner; for a Site Plan Amendment for development of the site at 1 Old Bridge Road (Assessor’s Map H11, Block 144, Lot 007). Zone R-15 (to be received 12/17/2018; decision must be rendered by 02/20/2019)
No action needed.
d. Application #18-68 of Chris Nelson and Brent Reihl, Agents; Highcroft Simsbury LLC, Owner; for a Site Plan Approval for a temporary liquor permit for a one-day event on the property located at 1100 Highcroft Place (Assessor’s Map F14, Block 103, Lot 005-5). Zone PAD. (to be received 12/17/2018; decision must be rendered by 02/20/2019)
Staff recommends approval of Application #18-68.
Motion: At 7:52 P.M., a motion was made by Ms. Battos to approve Application #18-68 of Chris Nelson and Brent Reihl, Agents; Highcroft Simsbury LLC, Owner; for a Site Plan Approval for a temporary liquor permit for a one-day event on the property located at 1100 Highcroft Place.
The site plan amendment approval is subject to the following conditions:
1. Approval is for a one-day event to be held at Highcroft apartment clubhouse on January 10, 2019.
2. Future events on behalf of the Chamber of Commerce at Highcroft clubhouse require zoning permit approval from the Zoning Enforcement Officer.
The motion was seconded by Mr. Elliott. Motion passed unanimously, 6-0.
VII. REFFERRALS
1. Referral from Zoning Board of Appeals on ZBA Application #18-06 of Hoffman Enterprises Limited Partnership, Owner, for a variance pursuant to Article Ten, Section C.7.d, of the Simsbury Zoning Regulations for the use of internal lighting of an existing sign on the property located at 36 Albany Turnpike (Assessor’s Map H11, Block 144, Lot 007). Zone B-3.
Ms. Newton explained the application, what they are requesting and why they feel it is a hardship. Discussion was held about several lighting options.
Ms. Newton reported that DRB gave a positive referral.
Motion: At 20:06, Mr. Frank made a motion that the Commission does not agree with internally lighting the Nissan sign at Hoffman Nissan, therefore giving a negative referral for ZBA Application #18-06. Motion was seconded by Mr. Gray. Motion passed unanimously, 6-0.
VIII. GENERAL COMMISSION BUSINESS:
1. Correspondence
a. Mr. Glidden distributed a copy of a FEMA letter to the Commission members. Mr. Glidden explained the comprehensive restudy, which includes surveying, taking samples, identifying flood plain obstructions, updating maps, and a very aggressive schedule to remap. Mr. Glidden advised the Commission that all workers will have Identification.
2. Zoning Regulations- Amendments
a. Short-term residential rentals
Ms. Newton handed out a copy of a very rough first draft ordinance, labeled as such, for the Commission to review, give feedback and then hand back in. It was suggested that “owner being present” needed to be further defined. Mr. Glidden stated that “short term rental” would also need to be defined, and, once that was done, more specifics could be decided. Mr. Gray asked for clarification on “outdoor event.”
Ms. Newton explained that the draft was pulled together based on other ordinances nationwide.
Chairman Ryan asked for some clarification regarding rentals. Mr. Glidden provided some specifics about regulations of boarding houses vs. rentals, room rentals and hotels.
Chairman Ryan discussed the benefits of it being an ordinance vs. a zoning regulation.
Ms. Newton suggested a time be scheduled to have a working session with the items that the Zoning Commission, as a whole, feels are important from a land use perspective, and what the Commission feels is important to be included in an ordinance.
IX. ADJOURNMENT:
Motion: At 8:33 P.M., Mr. Gray made a motion to adjourn the Zoning Commission meeting. Motion was seconded by Ms. Battos. Motion passed unanimously, 6-0.
Submitted by:
Kimberly Rathbun
Commission Clerk