Simsbury, CT - Zoning Commission Minutes 05/19/2008

ZONING COMMISSION MINUTES

Austin Barney, Chairman, called the Regular Meeting of the Simsbury Zoning Commission to order at 7:05 p.m. at the Apple Barn, 60A Old Farms Road, West Simsbury. The following members were present: Garrett Delehanty, Jr., Bruce Elliott, John Vaughn, and Alternates Joseph Grace and Madeleine Gilkey. Also in attendance were Hiram Peck, Director of Planning, Lois Laczko, Commission Clerk and other interested parties.

II. APPOINTMENT OF ALTERNTES

Chairman Barney appointed Commissioner Gilkey to serve for Commissioner Barnett and Commissioner Grace to serve for Commissioner Gallagher.

III. APPROVAL OF MINUTES of May 5, 2008

Commissioner Grace moved to approve the Minutes of May 5, 2008 as presented. The motion was seconded by Commissioner Gilkey and passed unanimously.

Commissioner Delehanty made a motion to amend the agenda to move Item VII under Item III so it may be heard next. The motion was seconded by Commissioner Grace and passed unanimously.

VII. DISCUSSION ON ENO MEMORIAL HALL FRONT LAWN RENOVATIONS, 754 HOPMEADOW STREET

Emil Dahlquist, 54 Hilducrest Drive, was at the meeting representing Main Street Partnership in their efforts to work with Richard Sawitzke, Town Engineer, in the renovation and rehabilitation work at Eno Memorial Hall. Mr. Dahlquist said that he chairs the design committee on the Main Street Partnership, and also chairs the Design Review Board. Terry Ann Hahn, Landscape Architect Design Associates (LADA) also was at the meeting. She is also part of the Main Street Partnership design group. They are at this meeting to discuss the changes that will be seen from Hopmeadow Street as the building is approached. Main Street Partnership decided to get involved and coordinate with Richard Sawitzke because it fits the mission of the Main Street program. Mr. Dahlquist said that Main Street Partnership went out and got some matching grant money to do a preservation survey. The Architect has been hired to do that preservation survey, which will be completed by late June.

Mr. Sawitzke is proceeding forward because of code citations from the Fire Marshal. A six-inch water main from Hopmeadow Street had to be put into the building for a future sprinkler system. At this point, the system is in the process of being bid. After the excavation they plan to restore the paved area back and do whatever they need to do to rehabilitate the building in the front. There is a lot of work that needs to be done. The pavers in the front of the building need to be restored; the granite steps leading up to the front entrance are slightly tilted and have to be reconfigured; the marble balustrade needs to be cleaned; and the base detail on one of the wood columns has decayed and needs to be replaced.

The Design Review Board had a special meeting and had a quick design session to discuss returning this building back to its original state. Mr. Dahlquist showed the commission members a photograph of Eno Memorial Hall taken at its dedication back in 1932. The brick walls in the front by the sidewalk were not part of the original architecture. They were not part of the building site in 1932 as the sycamore trees are growing and now pushing over the walls. The Design Review Board felt that that the walls should not be restored as the deterioration would continue. The walls should be taken down.

Terry A. Hahn, LADA, showed the commissioner’s a site plan of Eno Memorial Hall. She said that the pavers are 2 x 2 blue stone pavers. They come down to the terrace/marble steps. She showed on the site plan the location of the brick wall that is deteriorating. The four large trees that are in the front will be preserved. She said that there have been some drainage problems on the terrace because the area is extremely flat and this will be corrected. They would like to expand the blue stone terrace by extending it out in both directions and would take the trees/bushes down that are located against the building so the whole front of the building could be seen. Yard drains will be placed in the new lawn area. The whole area will be re-top soiled and the walkway will be expanded out the width of the stairs. She said that the monument will now be integrated into the plaza, and the flag pole will be placed next to the monument. Benches are also proposed in the plaza area for seating. The wall will be completely removed and additional plantings are being proposed to make the bench area more comfortable. Ms. Hahn said that overall the idea is to keep the best of what is there and expand it for what they know is future use, maintain the richness of the materials, and also focus on the unusual opportunities, which could never be replaced at any reasonable cost in the future.

Chairman Barney asked if ADA issues come up. Ms. Hahn said that the main access for ADA is provided in the rear of the building (because of parking). Chairman Barney asked if more new major plantings are anticipated. Ms. Hahn said no. They are making every effort to keep the four large trees. Commissioner Gilkey asked if they are widening the stairs. Ms. Hahn said not the stairs, but just the plaza itself.

Mr. Dahlquist said that both veteran groups had been contacted and copied with drawings regarding the relocation of the monument. Commissioner Grace asked about the benches that are being moved. Mr. Dahlquist said that they are being replaced with a more fitting bench.

Commissioner Delehanty read the Call.

IV. PUBLIC HEARING(s)

a. Application of Jeffrey S. Hoffman, Hoffman Enterprises – Owner, Thomas J. Donohue, Jr., Attorney, Agent, for a Zone Change from R-40 to B-3 on property located at the Hoffman Auto Park, 395 West Mountain Road (Map A-19, Lot 2E8, Block 503). R-40 Zone

T. J. Donohue, Attorney, Killian & Donohue, representing Hoffman Enterprises, spoke on behalf of this application. He is before this commission to present a proposed zone change for the parcel known as 395 West Mountain Road (formerly the Markie property). This would, hereafter, be treated as a rear parcel to 29 Albany Turnpike (Route 44). The application requests a zone change for seven (7) acres, which are at the northern reach of the Hoffman Auto Park premises. Attorney Donohue briefly spoke of the land use application that had been approved last year by this commission for the Hoffman Auto Park. This enabled two new structures and significant renovations of several other structures. Today’s application is for a zone change for seven additional acres, and a site plan as the embodiment of the final comprehensive plan and use for this site. He said that they believe that this plan is the best use for the parcel. Attorney Donohue said that in the prior application they had filed for and hoped to use the parcel, which is the subject of this application.

Attorney Donohue said that Hoffman Enterprises began its long term plan and application three (3) years ago. Its goals were to fully utilize the real estate at Route 44 and to redevelop the auto park to meet the needs of growth of its franchise and the expectations of its customers. This application was unanimously favored by each land use commission in Simsbury that they appeared before. During this previous application, Hoffman identified, option contracted for, and set to acquire the Markie parcel. It made sense to Hoffman because of its topographic and practical relationship to the auto park parcel. It was feasible because the Hoffman’s had deeded rights to use the Fiora right-of-way which was a 50-foot strip owned by Betty Fiora that ran between the Markie parcel from east to west along the entire boundary. Attorney Donohue said, however, after filing the application there was resistance from this plan, in particular Betty Fiora, who was focused on her rights of way and on her property. Working with town staff the application was withdrawn for the Markie parcel and Hoffman proceeded with the application for only the seventeen (17) acres. The approvals were secured for the site and enabled construction, which began immediately and continues underway today.

ZONING COMMISSION MINUTES MAY 19, 2008

Attorney Donohue said that they, and the town, faced serious litigation after the approval process. Four suits were filed and during the period of litigation and the settlement of the suits the planners, lawyers and the business folks met at length and fashioned a resolution. Hoffman wanted to protect its investments in its approvals, and resolve the law suit. They wanted completion of an aesthetic comprehensive and practical plan and wanted appropriate use of the premises. They also wanted to establish and maintain good will and good relations with the neighbors. Ms. Fiora wanted protection and recognition of her right-of-way, certainty as to what a final plan would be for the Hoffman and Markie parcel, final and completion of the plan, and protection from further northerly creep into the commercial zone, as she is an owner of 18 undeveloped residential acres up on top of the shelf line. She wanted aesthetic protection and berm, buffer and conservation protection for herself and for her neighbors. The Town of Simsbury wanted the Zoning Commission approvals upheld and they wanted to resolve the litigation and avoid the expense of costs and fees. Attorney Donohue said that after a great deal of consideration the plan, which is before this commission now, is the work product of all those discussions and the product of the resolution of the law suit between Ms. Fiora and Hoffman. He said that the outline of the settlement was that Ms. Fiora withdrew the litigation and went into contract for sale of the 50-foot right-of-way to Hoffman. Hoffman agreed to provide a right-of-way for Ms. Fiora to reach her property approximately 190-feet north of the existing location of her right-of-way. Hoffman agreed to proceed with the parking only application for the Markie parcel, which uses less than one-half of the site. Hoffman also agreed to buffer easements and landscaping to protect the neighbors to the east and north. The application before this commission today represents a collaborative result of many hands and ideas.

Attorney Donohue said that if they are successful with this application this will be a complete and final use of the property. He said that this is the end product for the Hoffman and Markie properties. This will be a full and final use with berms, buffers landscaped and limits of use. The neighbors will not have to worry about more structures of any kind, being a residential subdivision or any further commercial uses.

Also, with Attorney Donohue at this meeting was Dave Dixon of Milone & MacBroom, Biff Schechinger, Landscape Architect, Ray Kehrhahn (economic aspect and fiscal impact findings), and Sam Pines of the Hoffman Auto Group.

Dave Dixon, licensed landscape architect, Milone & MacBroom in Cheshire, Connecticut said that their role in this project was two fold. They were both civil engineers and landscape architects. He was brought into this project to take a look at the overall development with an approach to see what could do to provide screening to the neighbors in the area. The result has been a collaborative effort between themselves, residents that they have met with, comments received and many discussions with Mr. Schechinger over evaluating as to if what they are doing is appropriate and adequate. He believes that what they are presenting this evening is adequate in addressing the concerns of this group tonight as it relates to what they are going to see from their property. Mr. Dixon showed the commission and audience a plan explaining that this plan is not the same as what had been shown to the Planning Commission the week prior. He said that after that meeting they modified these plans, not just because of comments that were heard during that meeting, but also because of comments that were received from the Mr. Schechinger in his second memorandum. Mr. Dixon said that there is now a third memorandum from Mr. Schechinger, but that was just received late this afternoon.

Mr. Dixon said that they have taken the paved edge and pulled it 150-feet away from the north property line. This is an area that had been previously talked about as a no build area, however, in previous plans they had pavement and parking there and even parking lot lighting had been proposed within that area. This has been pulled well back, but they have lost parking spaces in order to do that and had to find new parking spaces. Mr. Dixon showed on the plan where they are now going to place those parking spaces. The parking lot could be brought down to the south in the far south western corner. This is further away from the neighbors, and he showed the changes to the plan on an overlay.

Mr. Dixon said that the width of the conservation easement has increased from 30-feet to 150-feet to the north and from 50-feet to 130-feet along West Mountain Road. He showed a graphic indicating the previous 30-foot and 50-foot easements that were previously discussed with the Planning Commission, and also showed a plan indicating the revised changes to the conservation easement. The easement is now contiguous. The existing conservation easement

ZONING COMMISSION MINUTES MAY 19, 2008

to the west did not connect in previously with the conservation easement as it wrapped around to the northwest. It now does. Mr. Dixon said that the total area of restriction has increased from .9 acres to 3.62 acres. That is relative to the no build area (restriction area). Chairman Barney asked if 3.62 acres is the size of the conservation easement. Mr. Dixon replied yes. He showed on a plan what it is now and what is was.

Mr. Dixon said that the parking areas have moved 150-feet away from the north property line and 130-feet from West Mountain Road. He said that the two parking lots are benched into the hillside and that there is an 80-foot grade change (he showed point to point on a plan) on the site. Mr. Dixon showed the lot that is referred to as the lower parking lot and the lot that is referred to the upper parking lot (west). The two parking lots are separated by a landscaped berm, a central axial drive that comes up and splits the two lots, and a retaining wall that is necessitated by that grade change.

Mr. Dixon said that this lot is for long term storage, and is not a lot that will be frequented by someone coming in to purchase a vehicle. It will be for employees only and dedicated for their use for parking and to retrieve a vehicle. It will be employees only who will go to this lot to retrieve any vehicles. There will be limited lighting in this lot. The lights will be 15-foot in height (maximum) with full cut-off fixtures providing an average 0.5 foot candles. Commissioner Grace asked how many poles. Mr. Dixon said four (4) poles to light approximately 73 cars. He said that there will be lights going up the drive, and there will be a small area where new car short term storage will be located. He showed on the plan the area that will be lit. There will not be any lighting in the upper lot. Attorney Donohue said that there are a total of 277 spaces and employees of the several dealerships will use approximately 73 of them. This will free up spaces near their respective stores for customers.

Mr. Dixon said that the width of the island between the access drive and the western parking lot has been expanded. He showed the location on a plan. Trees will be planted between the sidewalk and the front of the wall. The vegetation itself will be higher than the fence and within several years, you will not be able to see the fence. Commissioner Grace asked if he was standing across West Mountain Road on the grass and looking at the site line, can they guarantee that he will not see the upper parking lot or the poles. Mr. Dixon showed the commissioners and audience a graphic that explained the site lines.

Mr. Dixon discussed the jeep road (10 –foot gravel drive). He said that the middle of the jeep row has been shifted to the south to eliminate removal of existing vegetation. This was also shown on a plan. Chairman Barney asked why the existing right-of-way could not exist even though it would cross their parking lots. Mr. Dixon said that the grade will not permit it. Mr. Dixon said that the Fiora road for access will now come in on the existing Markie driveway.

Mr. Dixon said that approximately 150 trees are proposed for the northern eastern edge of the property at the parking lot.

Commissioner Gilkey asked what the purpose is for the new jeep road. Mr. Dixon said that it is so Ms. Fiora can continue to access her property. She asked if down the road Ms. Fiora can ask to have the jeep road made into a road to access development. Attorney Donohue said yes there is. She has an absolute right with the 50-foot right-of-way to put a road into her seventeen (17) acres. He said that is the right of access to her 17 acres.

Commissioner Gilkey asked what would be seen from Route 44. Mr. Dixon said nothing will be seen based on the amount of plantings and the grade change.

Ray Kehrhahn, Assistant Director and Professor of the Center for Real Estate and Urban Economic Studies, University of Connecticut, spoke on the economic and fiscal impacts of this project. He had been asked to do an update of what he had done in 2006 by incorporating the seven (7) acres that are involved in this zone change application. The properties involved are Map A-19, Block 503, Lot 2EA and a portion of Map A-20, Block 503 and Map 2A. The proposed change from zoning to commercial will significantly impact the values of this particular parcel. The primary reason is that the utility that this parcel provides to the adjacent Hoffman Auto Park is significantly increased. The zone change is from R-40 to B-3 and that changes the value of the property. The

ZONING COMMISSION MINUTES MAY 19, 2008

property value would go up as raw unapproved land to a market value of $264,000 per acre. Mr. Kehrhahn said that the rezoning, in total, given the fact that it is located at the junction of Routes 167/44, would bring the total market value up to $1,500,000.00 +/-. This will yield an additional $42,000 in tax revenue to the Town of Simsbury. Mr. Kehrhahn said that given the fact that the property will be used by, and enhance the functional utility of the existing Hoffman Auto Park, he is estimating that the total assessed value of the completed project with the proposed improvements on the seven acres will add an additional $1.675 million dollars, which will yield to the Town an additional $64,000 in tax revenues.

Chairman Barney asked Mr. Kehrhahn how far north up West Mountain Road could he go and still see an increment of value. Mr. Kehrhahn said that he only looked at the 6.9 acres, but said that there would be diminishing returns the farther up you go.

Robert Schechinger, Landscape Architect, State of Connecticut was hired by Hoffman Enterprises to represent the neighbors. He has had several reviews with many individual meetings that began in April. He said that he cannot be for or against this project as he represents them. He can only help represent their concerns and make sure that all the mitigation was done properly and that the enhancements put in so if this was to be approved they would be as protected as they can possibly be. Mr. Schechinger said that they only received the plans that are now before this commission on Friday evening and they only had a very brief neighborhood meeting on Saturday morning to go thru it. He put together a graphic which he showed and explained to the commission members and the neighbors. Mr. Schechinger showed the recent relocation configuration of the upper and lower parking areas in bright yellow, and he put in dashes in orange to show the old outline. He discussed the new contiguous berm saying that it is approximately 360-feet long. An eight-foot fence will be on top of the berm with a series of evergreen plantings planted outside the perimeter fence. All screening materials will have a five-year replacement warranty. He briefly discussed the lighting redesign. The neighbors have concerns on the hours of the lighting and how it works with security. Mr. Schechinger said that the original 30-foot and 50-foot conservation easements along the north and east property lines have been expanded to approximately 130-feet on both sides. He discussed the 50-foot right-of-way that eventually could be made into a town road that is part of the easement. He wants this made very clear and differentiated in the final plan (showed as a purple line).

Sam Pines, Hoffman Auto Group, said that he is responsible for all the Hoffman facilities as well as all their operations for the Parts and Service Departments and Body Shop Operations. The company has been located in Simsbury for many years and they are pleased to be one of the largest businesses and employers. He thanked the commission for their approvals from a year ago which facilitated the construction that is currently in progress. He said that they are before this commission today because at the end of the last application they had agreed to purchase the Markie parcel. Mr. Pines said that in the midst of a significant law suit and a conflict with several neighbors, the land planners, business planners and litigators met to see what common areas of settlement could emerge. The plan before this commission now arose from those circumstances. The basic components are an appropriate and final use of the land, a regard for the 15-year plan requirements of the auto manufacturers, resolution of the Fiora road right-of-way, all site traffic routed internally to Route 44, an establishment of a permanent northern border and transition from commercial use to residential. Mr. Pines said that they have worked diligently with the neighbors to get to this point. He said that at the Planning Commission meeting the Hoffman’s were made aware that a certain home on Bushy Hill Lane had gone into disrepair and had become an eyesore. The owner of that property has been contacted and Hoffman has received permission to demolish the home and grade the home site. This will be done as quickly as permits can be obtained from the Building Department.

Mr. Pines said that a privacy fence has been installed along West Mountain Road. A full time maintenance person has been hired for their site. The berm along West Mountain Road is now being maintained. New plantings have been installed along the fence and the emergency gate. He said that they are listening to the neighbors concerns and are modifying the plantings still today. They have solicited ideas and opinions regarding the design of the Markie property at a number of meetings. He said that have muted the blue colors on the Honda building that were facing the neighbors on West Mountain Road and wrapped them in white plastic. Muted colors will be continued to be used on their buildings as the construction is completed on them. He said that they have agreed to afford the neighbors to have an opportunity for a peer review of the Markie design by one of their neighbors who is also a professional landscape architect.

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Mr. Pines said that he thinks that the Hoffman and Markie properties topography lend them ideally as one site. The Hoffman property slopes down from Route 44 and up again as you reach the northern limit of the proposed parking fields. There is a natural ridge line there and then it drops off down to the abutting neighborhood. Mr. Pines believes that with the council of the neighbors and the commissions it is possible to utilize this perfect site for smart growth.

Mr. Pines said that it is important that consideration for a well thought out plan that benefits all the citizens of Simsbury rule the day and not emotions. He said that they have a good plan that represents a final use for this property. A significant law suit that involved the town has been resolved. All traffic will be routed from Route 44. The manufacturers planning requirements will be met for the next 15-years. He said that a plan has been created that has pulled the parking lot 150-feet from the northern and eastern property liens. A permanent conservation easement has been proposed in the name of Betty Fiora, a few neighbors and the town. That will guarantee any further growth in the north. Mr. Pines said that the Hoffman’s are, and will continue to be, good neighbors. This is a good plan and they respectively request that the commission gives a favorable vote on the zoning application. This plan is good for Simsbury and good for the Hoffman’s.

Chairman Barney asked Attorney Donohue if the original conservation easement for the approvals that they have received to date been filed on the land records. Attorney Donohue said that the map and easement were both filed on Friday. Chairman Barney said that he has not seen or signed the map.

Chairman Barney opened the hearing to public comment. He said that everybody can speak for three minutes, and if at the end of the process they would like to come back and speak again they can. He wants to be sure that everyone in a timely fashion gets access to the microphone and can speak. Chairman Barney also asked that they not say the exact same thing that the previous person has said.

John Slauenwhite, 11 Maureen Drive, President of the Southwest Homeowners Association, gave a brief history of the organization saying that this organization started informally in 1969. The SWHA is in the process of incorporating their organization into the State of Connecticut as a bonafide non-profit organization. The main issue for this association is to maintain the integrity of their neighborhood. Mr. Slauenwhite said that this organization has been involved with the Hoffman property for the past 35-years, and they have been before this commission ten times just in relations with the Hoffman property. He gave a brief chronology of the Association beginning with 1969 through 2008 and their dealings with the Hoffman property. Mr. Slauenwhite said that there are three things that they want as a homeowners group. 1) do the people want it, 2) does it fit in with the character of the neighborhood and the town, and 3) what will be the long term implications of the rezoning. Mr. Slauenwhite ended with saying “let’s keep it clean, let’s keep it green”.

Eugene Flynn, 389 West Mountain Road, said that he has lived at this residence for 53 years, raised four children there and has enjoyed living in West Simsbury. He is against the proposed zone change. Mr. Flynn lives 200-feet from the property and feels that this zone change will reduce the value of their home and other homes in the neighborhood. He looks at Simsbury as more than just a town, it’s their home.

Marion Flynn, 389 West Mountain Road, thanked the Town of Simsbury, Planning and Zoning Commission for retaining the rural character of the beautiful town through responsible zoning and planning. She has lived in this town for 53 years and has seen many changes and developments along the way. Mrs. Flynn said that she wants to go on record as opposing the zone change at 395 West Mountain Road from R-40 to B-3. She said that their home and property is about 200-feet from 395 W. Mt. Road and they see the house and out buildings through the trees on this property (former Markie property). This is where Hoffman Enterprises would like to build their parking lots. If this should happen, the property values in their neighborhood would decline dramatically and the family neighborhood would lose its beautiful rural character. Mrs. Flynn said that she has been a realtor in Farmington Valley for over 30 years and feels qualified to make that assessment. West Mountain Road is a two lane town road that is hilly and winding and not appropriate for a B-3 commercial property. Mrs. Flynn also discussed other issues such as safety, crime, traffic, lights and noise. She asked the commission to retain the rural area and keep West Simsbury beautiful.

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David Mattson, 7 Maureen Drive, said that he wanted to clarify two points that had been brought up previously. He said that the assessed value of the current property as of April 28, 2008 was $294,170.00 (according to town records). He also mentioned that Sam Pines said that Betty Fiora was in support of the application. Mr. Mattson believes that this was part of the criteria for the settlement. He also did commend Sam Pines (Hoffman Enterprises) for his efforts on reaching out to the homeowners on West Mountain Road and to the South West Homeowners Association. Improvements were made with the installation of the barrier along West Mountain Road, restricting the test driving of new cars in their neighborhood, and maintenance of the grounds. He said that it appears that Hoffman has realized that this is not East Hartford. Mr. Mattson asked what the need is for this re-zone. Hoffman claims that the need is for car storage and staff parking. Their solution is to rezone residential property to commercial. Mr. Mattson said that this solution would have a far reaching impact on their neighborhood, as well as other neighborhoods that abut commercial properties and feels that this would set a major precedent. Mr. Mattson said that he had done some brief research and could not identify any other case where residential property was rezoned to commercial in similar situations. This application is in direct violation of the town’s Plan of Development adopted only last year. The plan states on page 104 (How We Want To Grow) that all commercial development in our area of town must be south of Bushy Hill Lane. He said that approval of this application will move commercial development north up West Mountain Road. Mr. Mattson said also that there is no guarantee, or likelihood, that the proposed car storage would not be developed for other commercial purposes in the future. Mr. Mattson said that Attorney Donohue (at the PC meeting last week) would not rule out a structure being built in the car storage area in the future. In addition, Attorney Sherwood (Betty Fiora’s legal counsel) indicated to the Planning Commission at the same meeting that Ms. Fiora’s jeep road (north end of the property) could become a paved town road accessing her currently zone residential property for future development. He said that if this application is approved, what is to prevent Hoffman from connecting this commercial property with a new town road, therefore giving Hoffman commercial access to West Mountain Road. He asked that this commission protect their well established neighborhood and reinforce their earlier decision by denying Hoffman’s application for a rezone of this property.

Nancy Slauenwhite, 11 Maureen Drive, has lived at this residence for 42 years. She said that when she moved there it was a quiet area and there was not any commercialism. There was only a driving range, two gas stations and an A&P. Mrs. Slauenwhite said that last year Hoffman Enterprise’s applied to have the property at 395 West Mountain Road rezoned. The Zoning Commission denied the rezone at that time. Hoffman is back again making the same request wanting to have the property rezoned for the purposed of building a parking lot. She is vehemently opposed to the rezoning of this property from residential to commercial. The concerns are noise, safety, and infringement on a residential area. She is also opposed to a right-of-way/proposed future town road on this property. This would exit opposite Maureen Drive. The exit onto West Mountain Road in this area would not be safe due to the way the road is slightly curved and the visibility. Mrs. Slauenwhite said if this property is rezoned to commercial what is to prevent Hoffman from changing their minds about the parking lots and putting in another business like Best Buy or another auto dealership. She asked what is to prevent Hoffman from purchasing the eighteen (18) acres abutting their property and having that rezoned to commercial and making a large shopping center. This area would be ruined for good. If this commercialism is allowed, it will set a bad precedent for the town and it will open the door in other areas of town as well. Mr. Slauenwhite said that at the March 2007 Zoning Commission meeting, when Hoffman was asking for a third auto dealership on their property, she asked was there enough parking spaces proposed for the new dealership. There were. Why are they now asking for more. She is asking the Zoning Commission to deny this request for rezone and keep their neighborhood as it is.

Helene Thompson, 17 Maureen Drive, lived at this address for 42 years. She said that the contract agreements of 1983 and March of 2007 establishes the conservation easement in perpetuity. This application will change this portion of the agreement. What definition of perpetuity allows this change? If their definition does allow this change, then it is up to the Zoning Commission to specifically state so each time such a plan comes before the commission, or their decisions will not have any credibility before the citizens of Simsbury.

Orville Winchell, 12 Maureen Drive, lived in Simsbury all his live. He addressed crime in his immediate neighborhood. According to the Simsbury Police Department Case Incidence Reports from January 2006 to April 30, 2008 there were 2,279 incidents (62 pages) at Simsbury Commons (Bushy Hill Road), 408 reported incidents

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(12 pages) on West Mountain Road and 1,671 incidents. (46 pages) on Albany Turnpike. This is only in the neighborhood surrounding the Hoffman site. What will be the impact of this proposed change in their ability to take care of the crime situation.

Bob Thompson, 17 Maureen Drive, said that he is concerned about the neighborhood needs already mentioned, noise, safety, devaluation of their property, traffic and commercial creep. He asked about pollution. How much runoff will they have from the Hoffman property into their wells. The decision that this commission has to make is either needs for the neighborhood or greed for commercialism. Who is say Hoffman will not be back again next year.

Harald Bender, 6 Maureen Drive, said that he went back through some maps that he has (back through November, 2006). The map at that point showed no parking lot on the Markie property. December 11, 2006 also shows no parking lot, but January 16, 2007 shows a parking lot on the Markie property. The plan was revised on December 18, 2006. The plan on February 18, 2007 shows a map of the approved changes and no rezone of the Markie property. May 4, 2007 shows a parking lot on the former Markie property. March of 2008 shows a parking lot on the former Markie property. May 18, 2008 shows a revised version of the parking lot (that was revised after submission to the Zoning Commission). Mr. Bender said that he has a problem with time lines here and this is a problem that they had early in 2007. There have been many changes of plans since approvals, and this is a problem that should be considered. Mr. Bender also mentioned water. There is additional runoff from the new parking lots that goes into the aquifer (Avon Water). This goes from Stratton State Forest into Avon (Nod Brook Meadow Ridge Indirect Recharge Area). Also, from the potential Lowe’s development, some of that water has access across Route 44 into a detention area seeping into ground water. He said that all the houses in the area are dependent wells. He has issues with that, and feels that this should be addressed with any decisions. His preference is to not change the zone.

Donald Proach, 392 West Mountain Road, has lived in town for more than 30 years, said that his house is a legacy of being a victim of commercial growth. The house was moved to West Mountain Road from Albany Turnpike (Route 44) in 1955 by the previous owners. The location on Albany Turnpike is now the location of the Shell Gas Station. Once again the house is now becoming a victim of what it was rescued from in 1955 (commercial growth). This section of town has been most tolerant and understanding of the need of both growth and change, and has compromised responsibly in the past, no matter how painful that compromise was. This most recent request further compromises, and has pushed beyond boundaries, of what is being responsible by the neighborhood. Mr. Proach said that the compromise of last year was understood to be the last sacrifice the neighborhood would need to make, relative to Hoffman Enterprises interests, in order to reach a balance of town economic needs and a residents quality of life. Now, a year later, they have been led to believe that they did not understand. Mr. Proach also expressed concern that a plan shown at this evenings meeting did not show his neighbor’s house, which is just adjacent to the property. Chairman Barney asked the applicant to get together with Mr. Proach and the neighbors to rectify the situation that he is speaking of.

Jean Ladetto, 393 West Mountain Road, moved here 40 years ago from West Hartford because it was quiet and rural. At that time, there was not any Hoffman Auto Park, nor any strip malls. She is not happy with the changes. She is here to oppose the zone change from residential to commercial.

David Sherwood, Attorney, representing Betty Fiora, 15 Albany Turnpike in Canton. She is a third generation property owner and owns 26 acres of land in the south west and north of the Hoffman property (17 acres in Simsbury and 9 acres in Canton). She currently has a 50-foot fee strip which runs from her 17 acres in Simsbury out easterly to West Mountain Road. This provides her with access from West Mountain Road to her 17 acres. Ms. Fiora opposed (and hired Attorney Sherwood to help oppose) and eventually litigate the approval which were granted to Hoffman Enterprises last year. She reached an agreement with the Hoffman’s which addressed her concerns and also the neighbors concerns. Attorney Sherwood said that he and Ms. Fiora see the issues brought before the commission this evening in three groups. 1) commercial creep to the north to the residential neighborhood, 2) if zone of Markie property changed to B-3 what will happen, and 3) is buffering adequate to protect the people on Maureen Drive and West Mountain Road. Attorney Sherwood said that the agreement that Ms. Fiora has reached with the Hoffman’s resolves two of the above and also goes along way with resolving the third. The Hoffman’s agreed to a conservation easement along the northerly boundary of the Markie property and the easterly boundary of the Markie property.

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The Hoffman’s agreed to name Ms. Fiora as an easement holder and she can designate up to three other individuals. The questions on screening can be approached by adjusting the site plan. Attorney Sherwood said that it is possible to put two parking lots here in such a way that they will not be seen by the neighborhood. The question is if you change the zone what will happen 10 years from now. The answer is if this commission approves the zone change they can restrict the property to no structures and the applicant can agree that there will not be any structures on the property. This could be enforced by putting it into the conservation restriction to be held by the Town, Ms. Fiora and by the Association. Attorney Sherwood said Ms. Fiora had a landscape architect provide the Hoffman’s with a plan that showed what her landscape architect though the minimum buffering would be. He said that this Hoffman plan goes way beyond what her landscape architect thought. Attorney Sherwood said that there will be some development on this property if this property zone is not changed. It will be developed residentially to its maximum density. He said a compromise has to be made.

Chairman Barney said the Attorney Sherwood referred to the right-of-way as an east/west straight easement, and asked him if this is the only easement that Ms. Fiora owns on the Hoffman property. Attorney Sherwood showed on a plan the strip of land that is not an easement, but is owned in fee by Ms. Fiora. He also showed an easement, which traverses in the northeast corner of the Hoffman property. Attorney Sherwood said that it is an easement of passage in favor of the owner of the strip and seventeen adjacent acres. This is disputed by the Hoffman’s and is the subject of a lawsuit which will be withdrawn if this plan (or something comparable) is approved. Chairman Barney asked if the right-of-way extinguishes with a grant of the zone change. Attorney Sherwood said if this plan is approved and the easements are put in place that lawsuit would be withdrawn and that right-of-way would be released. Attorney Sherwood showed how the easement line runs on the plan.

Chairman Barney said that as staff has new information, the Public Hearing will be kept open.

Chairman Barney asked Mr. Pines if he is aware of any other easements on the balance of the Hoffman property. Mr. Pines said he is not aware of any. Attorney Donohue said that on the east side there is an easement to the town for a fire access. He is not aware of any other. Chairman Barney asked Attorney Sherwood if he is aware of any other easement running through the Hoffman property to the south of the fire entrance. Attorney Sherwood said no with the qualification that the only person in the area that he represents is Betty Fiora. Commissioner Delehanty said that a title search of the property should show any easements that burden the property. Attorney Donohue said, reserving the right to submit additional documentation and study on this, the easement that is being referred to now appeared in an historic deed and is shown on an historic map, but the property has been in open and continuous use for over 40 years since anybody saw it. He said that the legal position he would take is that it is non existent by non-use and abandonment. He will try and get the answer. Chairman Barney said that he would like to have that as full disclosure with mapping and history.

Biff Zoephel, 68 Fernwood Drive, said that this application should be denied. He objects to further expansion to the Hoffman Auto Park and the zone change to the Markie property. The Hoffman’s currently have all the land that they require for all the parking they say they need to stay a viable car dealer. They chose to put in a Best Buy electronic retail store and maximize their profit. Now they come before this commission begging for more. They are not a mom and pop store trying to survive, but a large well financed corporation that is trying purposely to mislead the neighborhood and the commission regarding the extent of their plans. The proposed zoning change could potentially open the area to further development in the future which could be more drastic than a parking lot. He asked that this application be denied.

Barbara Taylor, 50 Fernwood Drive, said that she opposes the zone change. This application had been denied in March of 2007 in part as an unacceptable encroachment of a commercial zone into an established residential area. She said that nothing mentioned tonight would justify a different determination. There is no need for a rezone at 395 West Mountain Road.

Marnie Ganter, 382 West Mountain Road, has lived at this address since 1983. She asked Sam Pines why she is never invited to any of the meetings that he had spoke of. Mr. Pines said the contact points for the neighbors were through Ms. Fiora and through emails with the South West Homeowners Association. He said flyers regarding the

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meetings were placed on about 50 houses surrounding the property. Ms. Ganter said that she appreciates all that Ms. Fiora and her attorney have gone through and that she is glad that Ms. Fiora has worked out something with Hoffman Enterprises. Ms. Ganter is opposed to the rezoning of the residential property at 395 West Mountain Road. She asked Mr. Pines why the land to the west has not been looked into. Mr. Pines said that there is a cliff in the west. Ms. Ganter said that she can see the Markie property location from her property. It is very visual especially in the winter time when the leaves are down. Hoffman should not take away what is naturally there and that has kept this area a residential area. Her concern is that this will not end. Chairman Barney asked Ms. Ganter to meet with Mr. Pines and his landscape architect and go through all her issues and concerns.

Nancy Miller, 5 Joyce Lane, said that the plan presented this evening is different than what was seen by the Planning Commission six days ago. The Planning Commission gave two motions at their last meeting. 1) 150-foot conservation easement and 2) no structure zone in the parking lot area. Four commissioners voted yes and two voted no. She said that their intent was to protect the neighborhood from commercial creep. She does not support the zone change.

Daniel Burk, 385 West Mountain Road, spoke of his concerns on crime. He mentioned that the landscape people said that the parking area will have low lights, just barely enough to see to get into your car. He said that even now he has had police going onto his backyard, and the neighbors’ back yards, searching for people that stole stuff off of cars at the dealership. Mr. Burk said that after the first time things are stolen from the cars in the proposed parking area, Hoffman will put in a chain link fence.

Dan Correia, 11 Neal Drive, said that Hoffman has failed to fulfill their responsibilities to the homeowners. The people are here tonight to protect their rights and their neighborhood. Hoffman should be a better neighbor and as equal in their responsibility as the home owners have been. Mr. Correia said that this request for a zone change is not respectful to the neighbors.

Attorney Donohue said that he is appreciative to the commission and the neighbors, but would like to address any questions at the next meeting. He said that he has spent a lot of time lately in the neighborhood and has an enhanced appreciation for the neighborhood and the people who live there. Attorney Donohue spoke briefly of the zone change and the responsibility of the Zoning Commission. They are tough questions for the commission, but the statute provides that they have the ability to do it. From a precedent standpoint, there have been 26 zone changes for Simsbury such as this property, Riverview, Powder Forest, 1 West Street, Billingsgate, Skating Center, etc. The zone change in itself creates a transition and respect for the neighborhood that they are in.

Commissioner Delehanty read into the record a letter received from Joan Coe, resident, urging that this commission deny the application for a zone change at 395 West Mountain Road.

Chairman Barney said that this public hearing will be held open.

b. Application of Aimee Chanin, Owner, for a Special Exception for an Accessory Apartment on property located at 53 Canal Street. R-15 Zone

Chairman Barney opened the public hearing for 53 Canal Street. Aimee Chanin, Owner, spoke on behalf of this application. She is before this board applying for a Special Exception for an Accessory Apartment. Ms. Chanin said that she had been approved for a variance to build a garage back in March of 2005. There is additional space above the garage. Ms. Chanin said that she is aware that the structure does have to be in place for five years. She said that her father will be living up there after the completion two years from now. That would put them at the five year mark. She also has received approval from the Farmington Valley Health Department and the WPCA. The dwelling is approximately 400 square feet in size. This is 1/3 in size from the single family dwelling and she lives in the primary dwelling, which is a separate building. There is also no need for additional driveways or parking spaces.

Commissioner Delehanty asked how large the primary residence is. Ms. Chanin said 1,200 square feet. Chairman Barney asked if the living space that she is looking for on the second floor of the barn. Ms. Chanin responded yes,

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above the garage. Chairman Barney asked why she is here now for a special exception when her five year date is still two years out. Ms. Chanin said that her father is retiring this year and it will take him two years to build. Chairman Barney said it is unusual for them to give an approval two years ahead of time only because of the potential for abuse.

Chairman Barney urged Ms. Chanin to talk to the staff and see if they can’t come up with a better solution. It is just too soon for her to come before this board. He also said that he does not think that there is any question that she would get an accessory apartment, even though he cannot guarantee it. He does not see anything that says it does not fit the parameters.

Commissioner Delehanty asked if they have the power to grant an approval ahead of the five year target. Mr. Peck, Director of Planning, said that he could meet with the applicant. If the applicant is willing, put this application on hold for 30 days and see what the ZBA says with regard to that specific section of the regulation. If the ZBA would grant that variance, then this commission could grant an approval.

Chairman Barney said that they would leave this public hearing open and have Ms. Chanin see Hiram Peck and see what staff can do to help her out. Mr. Peck asked Ms. Chanin if the 30-day extension was okay. She said yes that would be fine. She will come back to zoning in a month.

The hearing was opened to public comment.

A neighbor asked since when in the zoning regulations a garage can be made into separate living quarters. Commissioner Delehanty said the regulation to permit accessory dwellings was adopted in 2002. Chairman Barney said a family member has to live in the accessory apartment. These regulations were developed to allow people who own large homes to cut out a piece of their home for a family member to live. The neighbor asked if this could be sold down the road as a separate apartment. Chairman Barney, not a rentable apartment. If she sold her property, the buyer would have to have a parent who need housing and the unit would have to stay as it is (33% of the square footage of the main house). They would have to write for permission to continue within 30 days of having purchased the home.

a. Application of Jeffrey S. Hoffman, Hoffman Enterprises – Owner, Thomas J. Donohue, Jr., Attorney, Agent, for a Site Plan Approval for a proposed vehicle storage area on property located at the Hoffman Auto Park, 395 West Mountain Road (Map A-19, Lot 2E8, Block 503).

Tabled until the next Zoning Commission meeting.

b. Application of Hoffman Auto Park for a Unified Sign Plan on property located at Hoffman Auto Park, 36 – 46 Albany Turnpike.

Sam Pines, Hoffman Auto Group, spoke on behalf of this application. He spent a lot of time over the past few months putting together a Unified Sign Plan for the Simsbury site. Due to the variety of the buildings on the site, it was not an easy task. The Design Review Board has unanimously approved their plan. The signage that is being presented tonight is either the same size or smaller than the signs that were represented on the elevations that this commission approved last year. Rich Kaiser and Christopher Foster of Clohessy, Harris & Kaiser were there to present the sign and lighting package.

Chairman Barney asked if there are any internally lit signs in this package. Mr. Pines said no.

Richard Kaiser, Clohessy, Harris & Kaiser, said that they are showing this commission pretty much what they showed them last year, but with some lighting fixtures that will illuminate the signs at night. The price tag sign on Best Buy has been reduced. Munson’s is the same sign as last year. The lighting scheme for the signs on the

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dealership buildings and the Best Buy will be a strip florescent fixture that would be suspended off the building and anchored back towards the sign. The fixture would be shielded. All the signs are of a similar construction and for the most part will be black. The Honda logo will be a blue color and Toyota is red. All the lighting of the signs is similar and they are under the allowable square footage.

Mr. Pines said that they are not presenting directional signage for navigating the complex at this time. They will come back at another time for directional signage and are only at this meeting tonight to apply for building signage.

Chairman Barney read the memo from the Design Review Board dated May 15, 2008.

Chairman Barney asked how many signs are there on how many buildings. Mr. Kaiser said that there are five signs for Best Buy, 7 signs each for Toyota, Honda and Nissan. Munson’s signage is included with Best Buy.

c. Application of the Ethel Walker School for proposed exterior sign renovations on property located at the Ethel Walker School, 230 Bushy Hill Road.

Duane Stagg, Ethel Walker School, spoke on behalf of this application for directional signage around the Ethel Walker School campus and a new sign at Bushy Hill Road. He passed out pictures of the signage and locations to the commission members. There are a total of nine (9) signs throughout the campus. Chairman Barney noted that a number of the signs seem to just have solid steel footings that go into the ground. Normally this commission is interested in having plantings around sign bottoms so that they do not look quite so exposed. Mr. Stagg said that he is in charge of the grounds, and he will place some appropriate plantings around the bases.

Chairman Barney read the approval memo from the Design Review Board dated May 15, 2008.

d. Application of Paul Breunich, Principal – LuvMonkey II, LLC, John S. Rubrich, Esq., Agent, for a Site Plan Amendment for building renovations on property located at 1 Massaco Street.

There was no one at the meeting to represent this application.

Chairman Barney said that he understands that this application is for an external staircase to allow the second floor to be used, and also as an appropriate exit approved by the Fire Marshal. Mr. Peck said that the applicant wants to be able to use the second floor as an office.

Mr. Peck discussed this application with the commission. The Design Review Board had reviewed it and the memo from Design Review was included in the packet.

VI. DISCUSSION AND POSSIBLE VOTE ON ANY AGENDA ITEM

No action taken. Public hearing kept open until next meeting.

b. Application of Aimee Chanin, Owner, for a Special Exception for an Accessory Apartment on property located at 53 Canal Street. R-15 Zone

No action taken. Public hearing kept open for 30 days.

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c. Application of Jeffrey S. Hoffman, Hoffman Enterprises – Owner, Thomas J. Donohue, Jr., Attorney, Agent, for a Site Plan Approval for a proposed vehicle storage area on property located at the Hoffman Auto Park, 395 West Mountain Road (Map A-19, Lot 2E8, Block 503).

Tabled until the next Zoning Commission meeting.

d. Application of Hoffman Auto Park for a Unified Sign Plan on property located at Hoffman Auto Park, 36 – 46 Albany Turnpike.

Commissioner Grace moved to approve the application of Hoffman Auto Park for a Unified Sign Plan (building signs only) on property located at Hoffman Auto Park, 36 – 46 Albany Turnpike with no directional signs included in the approval. The motion was seconded by Commissioner Gilkey and passed unanimously.

e. Application of the Ethel Walker School for proposed exterior sign renovations on property located at the Ethel Walker School, 230 Bushy Hill Road.

Commissioner Delehanty moved to approve as submitted the application of the Ethel Walker School for proposed exterior sign renovations on property located at the Ethel Walker School, 230 Bushy Hill Road. The motion was seconded by Commissioner Grace and passed unanimously.

f. Application of Paul Breunich, Principal – LuvMonkey II, LLC, John S. Rubrich, Esq., Agent, for a Site Plan Amendment for building renovations on property located at 1 Massaco Street.

Commissioner Elliott moved to approve the application of Paul Breunich, Principal – LuvMonkey II, LLC, John S. Rubrich, Esq., Agent, for a Site Plan Amendment for building renovations on property located at 1 Massaco Street. The motion was seconded by Commissioner Delehanty. The motion passed with a 5-1 vote with Commissioner Grace abstaining.

VIII. OTHER MATTERS AS MAY PROPERLY COME BEFORE THE COMMISSION

Mr. Peck said that the meeting with regard to the discussion on the treescape (landscape) will be held on June 4, 2008. This is actually a meeting of the Open Space Committee. Information will be going out on the meeting.

Mr. Peck said that he is working with the zoning consultant and is working on some administrative details.

Garrett Delehanty said that he has requested, from the Town Chairman of the Republican Party, a replacement be found for him as he is planning to resign from the Zoning Commission as soon as possible. He has not yet resigned, but has notified the political party (and now the commission) his intent to do so.

Commissioner Grace moved to adjourn the meeting at 10:35 p.m. The motion was seconded by Commissioner Delehanty and passed unanimously.

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Garrett Delehanty, Jr., Secretary