Simsbury, CT - Zoning Commission Minutes 04/21/2008

ZONING COMMISSION MINUTES

Austin Barney, Chairman, called the Regular Meeting of the Zoning Commission to order at 7:00 p.m. in the Auditorium of Simsbury High School, 34 Farms Village Road, Simsbury, CT. The following members were present: 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

Mr. Gallagher made a motion to appoint Madeline Gilkey to sit for Garrett Delehanty, Jr. Mr. Barnett seconded the motion and it passed unanimously.

Ms.Gilkey made a motion to have Mr. Gallagher serve as Secretary. Mr. Elliott seconded the motion and it passed unanimously.

III. APPROVAL OF MINUTES

Mr. Gallagher made a motion to approve the minutes of the March 17, 2008 Regular Meeting. Mr. Elliott seconded the motion and it passed unanimously.

Mr. Gallagher made a motion to approve the minutes of the April 7, 2008 Regular Meeting. Mr. Elliott seconded the motion and it passed unanimously.

Mr. Gallagher made a motion to approve the minutes of the April 10, 2008 Special Meeting and was seconded by Mr. Elliott.

Mr. Elliott asked that the word "eluded" on page 3 be corrected to be "alluded" and that the phrase "relocated to Simsbury" at the bottom of page 6 be changed to "relocated within Simsbury" for clarification.

The motion to approve the minutes as amended passed unanimously.

IV. DISCUSSION AND POSSIBLE VOTE

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. (Hearing Closed April 10, 2008).

Chairman Barney asked for comments from members of the Commission. Mr. Elliott stated that, upon reflection, he had to refer back to page 2 of the Zoning Regulations, in which there are a number of paragraphs outlining their intent. Paragraph 5 states that one of the purposes of the Regulations is 'to protect the character and maintain the stability of residential, business and manufacturing areas within Town". He found the proposed PDD amendment, as submitted, to be fraught with vague language and imprecision and, as a strategy, leaves a lot to the Commission and to future applicants to try and define what the standards and criteria might be. He thought that it would be inappropriate to pass the PDD as it was submitted as it would not help to stabilize or promote the residential, business or manufacturing areas within Simsbury.

Mr. Gallagher stated that the Commission has usually had a zone change proposed in connection with an application and saw many holes in the PDD as it was submitted. He said that he would feel more comfortable, with a full-time Town Planner now on board, developing such a zone in-house.

Mr. Vaughn concurred and added it was most important that the Commission take into consideration all the work that was done by some of the other commissions in Town, noting that the PDD was denied by the Planning Commission as well as the Design Review Board and denial was also recommended the Town Attorney at the time. He also noted that there was overwhelming public outcry against the application at the Commission's last meeting.

Mr. Barnett stated that he believed that the Commission, the other land use boards and the leadership of the Town support the creation of a mixed use zone. If properly crafted, he felt that the residents would support such a zone as well. However, he felt that the language in the Konover application should not be approved in its current form as, with the exceptions of two revisions made by the applicant, it represents an early draft from the Town Planner which had not been properly vetted by the Zoning Commission or the other land used boards and did not, therefore, reflect all of their thoughts. He stated that it is a draft that needs work, as pointed out by the written comments of both the Planning Commission and the Design Review Board. He stated that a mixed use zone would be good for the Town and should be put in place in some form. Given that the Commission has been discussing this zone for a long time, has a working draft, and has comments on that draft from the other land use commissions, counsel and Town residents, he asked the other members of the Commission to join him in finalizing the language for a mixed use zone and to do so with a sense of urgency.

Mr. Barnett made the following motion:

WHEREAS, the Commission held a Public Hearing on April 7 which was continued to April 10, 2008 and took all testimony as required by law; and

WHEREAS, the Commission has reviewed the submitted application, listened to all the testimony presented at the Public Hearing sessions; and

WHEREAS, the Commission has also reviewed the file on this matter containing, but not limited to the following, and notes:

a. The comments of the Capitol Region Council of Governments; and

b. The comments submitted by the Planning Commission as part of the statutorily required referral which recommend denial of the application as the Planning Commission finds the text amendment inconsistent with the 2007 Plan of Conservation and Development; and

c. The comments submitted by the Design Review Board which recommend the application not be approved as presented as it was found to be incomplete and generally inconsistent with the objectives and standards contained within the Design Review Board's Guidelines for Community Design; and

WHEREAS, the proposed regulation text is ambiguous, inconsistent, confusing and limited in scope with respect to the contents of and the standards to be applied by the Commission and other land use bodies in considering and acting upon the several types of applications it contemplates.

THEREFORE, I MAKE THE MOTION that the Application for Zoning Text Amendments submitted by Stanley Glantz, agent of Konover Development Corporation for Infinity IV, LLC, property owner, for adoption of a Planned Development District (PDD) zoning regulation as shown on the application dated February 19, 2008, be denied.

Mr. Gallaher seconded the motion and it passed unanimously.

Mr. Barnett again emphasized the importance of the Commission returning to its work towards establishing a mixed use zone as soon as possible. Chairman Barney stated that the Commission requires assistance in this area and appealed to the Board of Selectmen to reconsider their level of support to the Commission so as to allow them to do their work.

a. Application of Tom Earl, Business Manager, Westminster School - Owner, Ronald E. Bomengen, Engineer III, Fuss & O'Neill - Agent, for a Site Plan Amendment for building plan modifications on property located at the Westminster School, 995 Hopmeadow Street.

Mr. Earl displayed a master plan of the Westminster campus and noted the locations of the three projects that were being presented to the Commission:

1. Athletic field renovation (directly behind the Athletic Center)

2. Relocation of an existing road (passing in front of a dormitory and the Theatre and eventually connecting to the new Academic Center)

3. Addition of a portico and new front entry to the main building (Cushing)

Athletic Field Renovation

Dick Webb stated that the area known as the "upper fields" (located between the Athletic Facility and the existing running track) is currently used as a natural grass football practice field. The proposal is to renovate the natural grass field to be a larger dimension so as to serve as a football practice field as well as field hockey. The grading for the field is proposed to be crowned and, as such, would be an improved condition. There would be no change to the slope or any clearing as part of this project. The methodology and procedures used would be very similar to the ones used in the reconstruction of the observatory hill fields last year, where the topsoil was stripped, irrigation improvements made, and the topsoil then amended and re-installed. The expected construction timeframe would be this summer, beginning right after commencement in late May/early June and completed by Labor Day.

Chairman Barney asked if the project would include the addition of any impervious surface. Mr. Webb stated that the proposal includes an extension of bituminous road and that there will be a proposed alternate to the bid to begin construction of a handicap access to the fields (12' wide paved path).

Memorial Drive Reconstruction

Ken Schwende, a professional engineer with Fuss & O'Neill, stated that the proposed reconstruction of Memorial Drive is an outgrowth of the new academic building. He updated the Commission on the current status of the academic building construction project, noting that the mass grading has been completed, most of the foundation work is now completed, steel erection has commenced and the geothermal bore fields should be completed within the next two weeks.

Mr. Schwende indicated that the proposed renovation to the road is needed to improve pedestrian circulation as well as safety for people exiting Memorial Hall (a dormitory). The proposal is to provide a sidewalk and remove the parking that is happening along what is now a service road. The new road would be 22' wide with a 7' wide walk separated by 6' of landscaping from the road.

Portico-Cushing Hall

Rich Kaiser, of Clohessy Harris & Kaiser stated the proposed renovation is for the main entry to the building housing admissions, offices and the dining facility. A similar renovation was done two years ago to a separate entry on the building for the admissions area and the intent is to mimic the same style and create a more inviting entrance to the other side of the building as well as provide some safety improvements. The proposal includes a new stairway, landing, columns and porch with detail and ornamentation to be a duplicate of the other entrance.

Chairman Barney noted that the Design Review Board unanimously recommended approval of these renovations and read their comments into the record.

b. Application of Helmar Wolf, Owner, Sheldon Crosby, L'ARC Architects - Agent, for a Site Plan Amendment for a proposed addition to Cal's Wood Fired Grill (formerly Pettibone's Tavern), 4 Hartford Road.

Sheldon Crosby of L'ARC Architects and owners Helmar Wolf and Thomas Diaz spoke for the application. The proposal is to replace the existing 650 square foot porch with an 1,100 square foot addition so as to increase the size of the kitchen and enlarge the bar area and relocate the primary bar area to the first floor, with a small service bar to remain on the second floor. The desire is to keep the building as a Simsbury landmark as well as a restaurant that people want to frequent. All work would be within the setback and there would be no increase in parking area. There would be no outdoor dining and the beer garden would be removed. Chairman Barney asked that attention be given towards reducing the visibility of the dumpster/employee parking area and Mr. Crosby indicated that this issue would be addressed via screening landscaping as was suggested by the Design Review Board.

Chairman Barney asked that the applicant confirm that no filings are required with the Historic Commission, given the historic nature of the building.

Mr. Barnett asked if the owners had any other restaurants and they stated that they also owned Mill on the River in South Windsor and Cal's Wood Fired Grill in West Springfield, MA. Chairman Barney asked the owners to consider incorporating the historic name of "Pettibone's" in the new restaurant's eventual signage. Mr. Elliot asked about the target opening date and Mr. Wolf indicated that they would expect to open approximately three months after receiving approval.

Chairman Barney also read the Design Review Board's recommendation into the record, noting that they had suggested the addition of: 1) vertical landscaping; 2) revised lighting and 3) additional landscape lighting along the walkway and confirmed with the applicant that they were in agreement with these recommendations. Mr. Barnett confirmed with the applicant that they would be addressing signage at a later date.

VI. DISCUSSION AND POSSIBLE VOTE ON ANY AGENDA ITEM

Mr. Gallagher made a motion to approve the application of Tom Earl, Business Manager, Westminster School - Owner, Ronald E. Bomengen, Engineer III, Fuss & O'Neill - Agent, for a Site Plan Amendment for building plan modifications on property located at the Westminster School, 995 Hopmeadow Street. Mr. Elliott seconded the motion and it passed unanimously.

Mr. Gallagher made a motion to approve the application of Helmar Wolf, Owner, Sheldon Crosby, L'ARC Architects - Agent, for a Site Plan Amendment for a proposed addition to Cal's Wood Fired Grill (formerly Pettibone's Tavern), 4 Hartford Road with the condition that three recommendations made by the Design Review Board in their referral dated April 9, 2008 be adopted. Mr. Elliott seconded the motion and it passed unanimously.

VII. EXECUTIVE SESSION TO DISCUSS GOZZO LITIGATION

Chairman Barney closed the meeting to Executive Session to discuss the Gozzo litigation at 8:05 PM.

Mr. Gallagher made a motion to adjourn from Executive Session at 8:45 PM. Ms. Gilkey seconded the motion and it passed unanimously.

VIII. OTHER MATTERS AS MAY PROPERLY COME BEFORE THE COMMISSION

Report from Planning Director, Hiram Peck

Mr. Peck stated that an application had been received on Friday from Dorset Crossing proposing to rezone property located at the north end of Town from Industrial 1 to B-2 which will not need a significant amount of change in the Regulations to accomplish. He indicated that the applicant would be providing a master site plan for demonstration purposes only.

Mr. Peck also noted that Chris Wood, of Wood Planning Consultants, is requesting to meet with the Commission in order to begin dealing with revisions to the Zoning Regulations. Chairman Barney asked about future meeting agendas and Mr. Peck indicated that the Hoffman application would be addressed at the May 19th meeting and the Dorset Crossing application would need to be heard within 30 days from this evening. Chairman Barney asked Mr. Peck to schedule Chris Wood for the Commission's May 5th Regular Meeting rather than scheduling a Special Meeting.

Report from Zoning Enforcement Officer, Howard Beach

Mr. Gallagher made a motion to adjourn the meeting at 9:00 PM. Ms. Gilkey seconded the motion and it passed unanimously.

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James Gallagher, Acting Secretary