ZONING COMMISSION MINUTES
APRIL 7, 2008
REGULAR MEETING
I. CALL TO ORDER
Austin Barney, Chairman, called the Regular Meeting of the Zoning Commission to order at timeHour19Minute07:00 p.m. in the Auditorium of Eno Memorial Hall, Streetaddress754 Hopmeadow Street, CitySimsbury, StateCT. The following members were present: Garrett Delehanty, Jr., Scott Barnett, Bruce Elliott, James Gallagher, John Vaughn and Alternates Madeline Gilkey and Joseph Grace. Also in attendance were Director of Planning Hiram Peck, Commission Clerk Debra Sweeney and other interested parties.
II. APPOINTMENT OF ALTERNATES
None.
Mr. Delehanty read the call.
Mr. Elliott made a motion to move Item V on the agenda (Discussion and Possible Vote on any Agenda Item) to follow Item stocktickerIII, b. Mr. Delehanty seconded the motion and it passed unanimously.
III. PRESENTATION
a. Application of StreetaddressPhelps Lane, LLC, Owner, Wayne Molinare, Agent, for a Site Plan Amendment to install an awning with logo on property located at Molinarç, 9A StreetaddressPhelps Lane.
Mr. Peck stated that the Commission had before it photos of 9A StreetaddressPhelps Lane with and without the proposed awning. He indicated that the application had been before the Design Review Board, who recommended approval of the awning as shown on the simulated photographs. He also indicated that Howard Beach, the Zoning Enforcement Officer, had also reviewed the application and had determined that it met the zoning requirements for signage on the building. Therefore, Mr. Peck recommended approval of the application, if it meets the Commission’s satisfaction.
b. Application of Asbjorn Gjertsen, Streetaddress10 Winslow Place, LLC – Owner, for signage (entrance sign) and stone walls on property located at The Riverview, Streetaddress10 Winslow Place.
Mr. Peck stated that the application is for a sign on top of a stone wall at Streetaddress10 Winslow Place, which serves as access for the new Riverview banquet facility. He indicated that both the stone wall and sign had been reviewed by the Design Review Board and the Zoning Enforcement Officer and that the sign is not on Town property, but rather is on the applicant’s property and meets all the requirements of the Zoning Regulations. Therefore, he recommended approval of the application.
IV. DISCUSSION stocktickerAND POSSIBLE VOTE ON ANY AGENDA ITEM
Mr. Delehanty made a motion to approve the application of Phelps Lane, LLC, Owner, Wayne Molinare, Agent, for a Site Plan Amendment to install an awning with logo on property located at Molinarç, 9A Phelps Lane. Mr. Gallagher seconded the motion and it was approved unanimously.
Mr. Elliott made a motion to approve the application of Asbjorn Gjertsen, 10 Winslow Place, LLC – Owner, for signage (entrance sign) and stone walls on property located at The Riverview, Streetaddress10 Winslow Place. Mr. Delehanty seconded the motion and it passed unanimously.
V. PUBLIC HEARING
a. Application of Mark Greenberg, Infinity IV, LLC - Owner, Stanley Glantz, Konover Development Corporation, Agent, for a proposed Text Amendment to the Town of Simsbury’s Zoning Regulations for Adoption of a PDD (Planned Development District) Floating Zone which could apply to several areas of town.
Chairman Barney stated that anyone who wished to make a comment needed to first sign in on a speakers list. He also stated that tonight’s hearing is on a proposed change to the Simsbury Zoning Regulations and that the proposed change pertains to the entire Town. He indicated that this hearing is not about any specific or implied project, to change a zone or to consider a project application of any sort and, therefore, asked that all speakers contain their remarks to the proposed regulation amendment and not any specific or proposed projects or sites. He also advised the applicant to refrain from referencing any project by name. He asked that questions be addressed to the applicant, who will have an opportunity to address them after all public comments have been received.
Chairman Barney stated the following rules for the hearing:
a) Speakers need to sign up on the speakers list.
b) Five speakers at a time will be asked to the microphone.
c) Anyone after the list is exhausted will have an opportunity to speak again and every speaker who desires to speak will be heard.
d) All speakers should provide their name and address when they speak.
e) Speakers will be limited to 3 minutes per person but may cede their time to another speaker.
f) Speakers should not repeat points made by earlier speakers.
g) Speakers should be respectful of all speakers and there should be no cheering or jeering for any opinions.
h) Speakers and commissioners should speak clearly into the microphones.
i) Questions to the applicant should be directed through the Chairman.
Chairman Barney indicated that the intent was to close the hearing this evening. Although a vote would not be taken this evening, he expected that a decision would be rendered within 7-12 days.
Mr. Peck read into the record a letter from the Capitol Region Council of Governments dated March 24, 2008 that found no apparent conflict of the current application with regional plans and policies or the concerns of neighboring towns. Any questions should be directed to Rebecca Augur at CRCOG.
Chairman Barney read into the record a resolution from the Planning Commission dated dateMonth4Day2Year2008April 2, 2008, which passed 6-0, indicating they felt that the current application was not consistent with and is at variance with the Town’s Plan of Development.
Chairman Barney indicated that the applicant would have 30 minutes to present. Attorney T.J. Donahue stated that he was speaking on behalf of his clients, Infinity IV, LLC and Konover.
Attorney Donahue stated that a careful review of CityplaceSimsbury’s development topography indicates that there are five sites which are compatible with the concept of a mixed use PDD neighborhood. He stated that his clients are the proponents of a PDD at one of those sites and have attempted to advance a plan for a dramatic residential office/retail neighborhood at that site, which is currently zoned industrial.
Attorney Donahue stated that approval of a PDD with mixed use is the first step in a process that will engage virtually every board and commission involved with building and growth and is crucial in order for their proposed plan to proceed. He stated that his clients have filed PDD regulation application applications with the Town of CityplaceSimsbury on three separate occasions and have had continuing dialog with staff, Town leaders, neighbors, and the public. They also met with three boards and commissions in pre-application meetings.
Attorney Donahue stated that the PDD proposal under current consideration is the one drafted by the Town to which the applicant has made two changes:
· A response to negative feedback on the inclusion of a “Big Box” occupancy in that the anchor tenant, which is crucial to the viability of the project, would be integrated into a block and grid system which is much less dense and utilizes similar architectural detail and design features and effectively outlaws standalone “Big Boxes” in any Simsbury PDD. (“Big Box” would be defined as a large warehouse-type, single purpose store devoid of architectural detail absent pedestrian scale surrounded by a sea of parking.)
· A requirement that the grid guide and limitation should be a street and block grid where blocks are 1,600 linear feet curb to curb around the built environment, which is a classic and traditional design and maximizes pedestrian accessibility and use and complements the level of human interest and attention span.
Attorney Donahue stated that economics drives development and that the applicant can only proceed economically and smart growth for CityplaceSimsbury should generate millions of new dollars in tax revenue and should not cost taxpayers any development dollars. The applicant believes that the PDD prepared by the Town and amended by the applicant provides all the CityplaceSimsbury boards and commissions with an effective tool to ensure that what is built is good for CityplaceSimsbury.
At this point the Fire Marshall advised Chairman Barney that the occupancy limitations had been exceeded for Eno Hall by attendees who continued to arrive at the meeting and that congestion at the back of the room and in the foyer were a posing a safety hazard. Chairman Barney, therefore, closed the meeting at 7:20 p.m. and advised that it would reconvene at the Auditorium at Simsbury High School at 7:00 p.m. on Thursday, April 10, 2008.
_____________________________________________
Garrett Delehanty, Jr., Secretary
| 
