Simsbury, CT - Planning Commission Minutes

Chairman John Loomis called the regular meeting of the Planning Commission to order at 7:05 p.m. in the Main Meeting Room of the PlaceNameplaceSimsbury PlaceTypeTown Hall. The following members were present: Secretary Ernest Gardow, Susan Bednarcyk, Ferguson Jansen, Carol Cole, Brad Mead, Mark Drake, Charles Houlihan, and Darren Cunningham. Also in attendance was Hiram Peck, Director of Community Planning & Development, as well as other interested parties.

Chairman Loomis introduced Darren Cunningham, the new regular member of the Commission. Darren has been a lifelong resident of CitySimsbury and was a graduate of placePlaceNameSimsbury PlaceTypeHigh School. He currently works for the Attorney General’s Office in the Health & Education Department. He is married and his wife is also an attorney who works with the firm of Wiggin and Dana.

Hiram Peck indicated receipt of a letter from the applicant’s attorney withdrawing the current application noting that a re-subdivision plan was not going to be available for the meeting tonight. The letter further stated that the applicant intends to move forward with a new re-subdivision application very soon. Mr. Peck noted he had previously informed the applicant that the Commission was probably not inclined to grant additional extensions.

Mr. Peck emphasized how difficult it was to record this particular meeting clearly and properly and Lois Laczko spent a lot of time trying to piece together the recordings to get an accurate record. Mr. Peck had requested all Commissioners forward any comments or questions to him and he has incorporated whatever has been sent to him. The Town is in the process of trying to purchase updated digital recording equipment, especially for offsite meetings. In response to Chairman Loomis, Mr. Peck noted that the SCTV video recording was of better quality, but the audio necessary for doing the minutes was not. Several Commissioners raised questions as to their comments and the actual responses from the presenters. Commissioner Bednarcyk offered to contact SCTV to try to obtain an enhanced audio tape. Mr. Peck requested the Commissioners pinpoint some specific portions that they have questions on and he will, if necessary, review the SCTV disc to obtain the accurate comments.

Chairman Loomis indicated the maps for the Draft Plan are largely complete, with Mr. Sawitzke going through a final review with the vendor. There will be no Future Land Use map for this next Draft as the series of overlays still requires more careful work to ensure the overlays work together properly. The text is virtually complete. Commissioner Bednarcyk has been working on the list of placeCitySimsbury’s Treasures. Commissioner Cole indicated work continues to verify the State Register of Historic Places, which has been more difficult than those on the National Register. Chairman Loomis noted that the maps will be in draft form with the ability to continually update them online if necessary between publication of the Draft and the Public Hearing.

Chairman Loomis confirmed for Commissioner Jansen that Glenn Chalder will provide to the Commissioners by the end of the week a copy of the Draft Plan for review prior to a complete set of the Plan being distributed next week to the Board of Selectmen, CRCOG, Commission Chairmen, and posted online. Once the Plan is approved, a smaller, fold-up version can be produced.

Mr. Peck reported on the Board of Selectmen’s public hearing regarding the fee ordinance. Comments came from several sectors regarding the definition of ‘large and complex applications,’ as well as the origin of the 150% figure with regard to the fee overage repayment. Mr. Peck will be meeting with the Town Attorney in order to provide revised wording back to the BOS and hopefully get the ordinance adopted at their next meeting in early June. Mr. Peck indicated his recommendation for the revised wording will include ‘…applications, which are large and/or complex and as a result present potential impacts which would be in the best interest of the community to understand in detail’. In response to Commissioner Cole, Mr. Peck suggested the recent addressStreetWest Mountain Road application probably would not have fit into this category. Admittedly, it involved many details such as excavation, floodplains, and wetlands, but there was nothing extraordinary (i.e., economic impact, traffic problems, etc.) In his opinion, each Commission undertook its job very seriously and did a good and diligent job of processing the application.

Chairman Loomis questioned whether wording would be added to the fee ordinance that would clarify the participation of the land use commission involved in the consultant selection process, as currently found with regard to the applicant. Mr. Peck did confirm that wording is currently being worked through, taking into consideration the need for the chosen consultant to be responsive to that particular agency’s area of authority. Commissioner Jansen recognized the need for the land use commission to be involved in the selection process, but cautioned against micromanaging the process too much. Commissioner Houlihan stressed the need for efficiency in the process to stay within the required time limits for application reviews.

Mr. Peck stated that 2 principals from the design consulting firm of Dover Kohl will be in town on 5/30, meeting first with the land use commission Chairmen and then to review the Southern Gateway area and the whole Town in terms of its context. Publicly available information regarding the River Oaks project has been forwarded to them for their review, including SHARE’s concerns and website, the Community Design Guidelines and a copy of the Draft Plan. Dover Kohl will then put together their thoughts with regard to mixed-use developments here and in other parts of the country and make recommendations for the Southern Gateway. A public meeting will then be held at PlaceNameplaceHenry PlaceNameJames PlaceNameSchool at 7 p.m. and the plan is to have SCTV tape the meeting.

Due to the fact that the fee ordinance is not currently in place, Mr. Peck approached T.J. Donohue, attorney for Konover Corporation, requesting Konover pay the fee for the one-day consultation. Konover agreed to do so. Mr. Peck assured they had no control over who was selected, nor did they know who the consulting firm was that had been chosen. A letter of understanding has been reviewed by town counsel and executed with Konover.

Chairman Loomis referenced 2 resolutions passed tonight by the Design Review Board recommending the Town pay for the consultation and that the scope of the consultation be extended to the Northern Gateway as well. Mr. Peck reiterated the fact there is no fee ordinance in place and that timing is of the essence in that the Town would like the benefit of an outside consultant prior to an application being submitted. He understands the DRB’s concerns but, again, assured the Commission that the consultant had been chosen without input by Konover and before the request for them to pay for it. In response to Commissioner Mead, Mr. Peck did not think the Town would be in conflict with Konover as a result of this agreement in that they had no knowledge of who had been chosen. This, in fact, is a gamble for them as they have no idea what the recommendations will be. Commissioner Mead and Cole expressed their discomfort with the appearances of the agreement. Later in the meeting, Commissioner Cole indicated there are many individuals who will not believe that Konover was not involved in some way in the consultant’s selection. Mr. Peck confirmed he did consult with Special Counsel prior to approaching Attorney Donohue.

Mr. Peck confirmed for Commissioner Cunningham that the consultant had been selected prior to the request to Attorney Donohue and that the consulting firm’s name, or any way to identify them, was not available to Konover. In response to Commissioner Houlihan, Mr. Peck stated the intended outcome of the meeting is to educate the land use commissions regarding the possibilities, specifically with regard to the site, but also on how to evaluate these types of proposals as they come forward. He is unsure of the level of review and detail but hopes to know more by the end of the week.

In response to Commissioner Bednarcyk, Mr. Peck indicated Dwight Merriam has worked with Dover Kohl on several projects. Mr. Peck recommended visiting their website to learn more about the firm. The emphasis will be on placing this particular consultation in the context of a town of this particular size and type. Mr. Peck confirmed for Commissioner Mead that his understanding is Dover Kohl has not done work for Konover, but he offered to confirm that again.

Commissioner Jansen suggested coming up with an alternative way to pay for the consultant (i.e., a special fund, taxpayers, SHARE, etc.) rather than miss the opportunity entirely due to the controversy. Mr. Peck was unsure if alternative funds were available. Commissioner Houlihan characterized this situation as a ‘test run’ for the fee ordinance. He stressed the need for consistency, however, and questioned whether the ordinance should be passed at all if the Commission has an issue with the applicant paying for such consulting.

Mr. Peck confirmed for Commissioner Mead that principals from Dover Kohl are town planners who specialize in new urbanism projects. Most importantly, they are flexible and know how to put things into context. He cautioned against assuming anything prior to the firm’s recommendations, including the presumption that there will be some sort of planned development in the Southern Gateway. The Commissioners agreed with idea of the consultant providing education, training and background in dealing with mixed-use developments. Commissioner Cole just does not want any kind of cloud over the process. Mr. Peck indicated for Commissioner Mead that Dover Kohl are planners and that additional issues, such as traffic and economic impacts, would need to be addressed at a later date.

Commissioner Bednarcyk emphasized the need to include the Northern Gateway in the review process as well, suggesting it has gone largely ignored up until this point. Mr. Peck noted that, although the Northern Gateway is actually twice as large, it has not generated the political comment or public concern like the Southern Gateway. In addition, the consultants are only available for one day. Later in the meeting, Chairman Loomis stressed the need for the recommendations to have general applications to the Northern Gateway as well, and not just be focused on the Southern Gateway.

Chairman Loomis noted the Design Review Board had not been consulted regarding the selection of the design firm. Mr. Peck indicated the intent was to provide an objective selection based on his and Special Counsel’s input and that under the circumstances input from either side would have tainted the process. Mr. Peck confirmed for Commissioner Drake that once the fee ordinance is passed the Commissions will be involved in the selection. Commissioner Cunningham expressed his general agreement with Konover paying the consulting fee, which could be considered a type of tax for the luxury of the proposal being considered. However, he stressed the need for procedures to be in place for communication and contact between the consultants and Konover. The intent of the consultation should be solely to inform the town. In addition, he questioned whether in the future there would be any chance Dover Kohl would do the development in the Southern Gateway should Konover decide not to. Chairman Loomis confirmed with Commissioner Cunningham that he is looking for as many facts that would establish the independence and the unrelatedness between Konover and the consulting firm. Commissioner Drake suggested that no matter who prepares the report, if the recommendations are contrary to what some people want to hear the Town should be prepared for fire. Mr. Peck agreed, suggesting that was another reason none of the Commissions were involved in order to clear them to sit at the public hearing.

With regard to the PDD, Mr. Peck indicated he is currently working on integrating the land use Chairmen’s comments into the draft. Once that is complete, another meeting of the Chairmen would then take place and then the document would go the Commissions for their review. In response to Chairman Loomis, Mr. Peck noted there are several places where the Planning Commission specifically gets involved with regard to the PDD. The Planning Commission will be involved with the Zoning amendment process to formalize the framework of the PDD zone. He then confirmed that the PDD is essentially a floating zone and once a specific area is defined as to where the zone will land that will require a zone change. The Planning Commission would then receive a referral from Zoning with regard to that specific zone change. He confirmed that if any proposed application then involves a subdivision that would fall under the purview of Planning.

Secretary Gardow referenced an invitation from CRCOG for a seminar called “Bright Ideas on Community Design”. Commissioner Cole indicated she knew Tony Nelessen, the keynote speaker, and briefly described his Visual Preference Survey. Mr. Peck indicated he was signed up to attend. In response to Chairman Loomis, Mr. Peck indicated the seminars sponsored by the Connecticut Bar Association, like the one they attended in placeCityMiddletown, are comparable and tend to be less expensive than those also being sponsored at UCONN.