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These minutes are for informational purposes only. For official minutes, please contact the Town Clerk's Office.
PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 12, 2002
CALL TO ORDER
John Loomis, Chairman, called the Regular Meeting of the Simsbury Planning Commission to order at 7:30pm in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Ernest Gardow, Ferg Jansen, David Ryan, Joan Howard, Susan Bednarcyk, Carol Cole and Pamela Katz. Also present was William Voelker, Director of Community Planning and Development and Richard Sawitzke, Town Engineer.
APPOINTMENT OF ALTERNATES
Chairman Loomis mentioned that a new alternate has been nominated to replace Cindy Carey. The nomination of Mr. Greg Piecuch must be approved by the Board of Selectmen, but he will likely be an official member of the Planning Commission by the next meeting on November 26, 2002.
SECTION 8-24 REFERRAL OF PROPERTY LOCATED AT 31 MAIN STREET, TARIFFVILLE
Mr. Sawitzke presented the referral to the members. He explained that his presentation would roughly mirror the information included in the members’ packets. The town owns a 1.04 acre parcel at 31 Main Street and the corner of Winthrop. The proposal calls for .89 acres of the total parcel to be sold. The town would retain ownership of the portion of the property closest to Winthrop Street for use as a park. The property is currently zoned B-1 and is vacant. The town purchased the property in 2001 for a price of $110,000; the proposed sale price is $94,000, which takes into account the portion of the property to be retained by the town. Mr. Sawitzke reviewed the history of the property and its many uses as a hotel, a gas station, a dry cleaners and a plant store. The
town attempted to acquire this parcel, vacant since 1992, in 1993, but those negotiations were unsuccessful; subsequent efforts to acquire it led to the town’s purchase in 2001. At that time, the plans were to create a small park and a 26-space parking lot.
Mr. Sawitzke explained that this 8-24 referral by the Board of Selectmen is the beginning of the process by which the town would sell this land. He said that the Selectmen had been approached regarding interest in purchasing the property; the Board therefore placed a statewide ad in the Hartford Courant indicating the town’s Request For Proposal (RFP) on purchase of the land. An RFP package was put together and presented to the Board, which subsequently made the 8-24 referral to the Planning Commission. The sale would include a recapture clause whereby the town could repurchase the land if no progress was made in the development as indicated in the proposal. Mr. Sawitzke briefly outlined the schematic prepared by the prospective buyer that calls for a 6,666 square foot building with three
apartments over retail/business space. The property is serviced by public water and sewer. Included in the proposal are cross-easements to allow for shared parking and traffic circulation. Mr. Sawitzke indicated that the intent is to achieve a balance with the Plan of Development with respect to both commercial development and the creation of parks in this area. He indicated the town would still like to place a park on the .15 acres it would retain using the funds generated by the sale of the rest of the lot. This parcel represents 1 of the 82 total acres that the town owns with the state in Tariffville sections. The majority of the 82 acres is along the riverfront and in Tariffville Park at the end of Main Street Extension.
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Mr. Sawitzke and Mr. Voelker answered questions by the Commissioners. In response to Commissioner Gardow, they indicated that only one RFP had been received. In response to Commissioner Jansen, they indicated that the extent to which the final building plan would resemble the one presented at this time rests with any conditions the Board of Selectmen would choose to include in the purchase-sale agreement. Otherwise, the final plans would go through the Design Review Board and the Zoning Commission as with any other application. However, deed restrictions place by the Board of Selectmen would carry over to future buyers, and the Selectmen will likely include some fairly strong language in the recapture clause. Chairman Loomis asked about potential contamination from previous uses of the
property, and Mr. Sawitzke indicated that Phase I and Phase II site assessments were done in 1993, when the town first considered buying the property. Those tests showed only very low residuals in one of the test pits of contaminants below commercial levels. Commissioner Bednarcyk asked if the town would be liable for any contamination found and Mr. Sawitzke indicated that the liability would extend as far back as possible. Commissioner Katz mentioned that the Property Transfer Act, enacted in the 1970s would apply regarding the lot’s use as a dry cleaners only if the dry cleaners was in operation at the time of the Act. She thought the dry cleaners was in place during the 1960s, and she asked Mr. Sawitzke to verify the dates of both the Property Transfer Act and the operation of the dry cleaners. Chairman Loomis asked Mr. Sawitzke to provide the members with copies of the various test reports for this site.
In response to Commissioner Howard, Mr. Voelker indicated that grandfathering would not apply to the use of the site as a gas station. Not only are the zones different now, but also evidence of intent to abandon the use through conferment, different use, etc., negates the future use of the site as a gas station. Also, the funds generated by the sale of the Quarry Road farmhouse were used to purchase this lot, not open space funds. In response to Commissioner Jansen, Mr. Sawitzke indicated that the tax revenue for the town would be approximately $19-24,000/year. Chairman Loomis thanked Mr. Sawitzke for his presentation and asked him to return to the meeting scheduled for November 26th. He then opened the meeting to limited public audience comments/questions.
Joan Nagy, 3 Red Hill Road, asked how the proposed cross-easements would affect her driveway, and whether abutting landowners would have a choice in creating these cross-easements. She also stated that she was shocked to read about this sale in the newspaper, and if the property must be developed, it should be done correctly. Therefore, she hoped that residents of the neighborhood would have participation in the process. Mr. Sawitzke responded that the cross-easements apply only to the property owned by the town, and while abutters would have to grant the same easement if they wanted to share, no one would be forced to do that. He also reiterated that this was the first step in the process, and individuals present tonight were the first to see the proposal. The Commissioners reviewed the
timeframe for their response to the Board of Selectmen. The statute states that the Planning Commission has 35 days to make its referral. The referral was stamped into the Planning Department on October 22, and the referral must be made 35 days thereafter. Chairman Loomis indicated that this meeting was not a public hearing and that there are other avenues by which the residents can voice their concerns, including submitting written correspondence to the Commission in advance of its next meeting on Nov. 26th, as well as attending meetings of the other town agencies involved in the process.
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Joyce Howard, 116 Terry’s Plain Road, stated that as a prior 12-year resident of Tariffville, she was concerned that the special nature of the area be maintained. On the National Register of Historic Places, Tariffville is a victorian village, a pedestrian destination for its residents, and a gateway area coming off Rt. 189 that sets the tone for the rest of the town. She stated her concerns as follows: the park is being reduced to a very small space, and the parking lot is taking over, creating a large area of asphalt with only a tiny green space on the corner; the style/design of the building must be appropriate for a victorian village since that is what people see as they come off Rt. 189; and the future use of the building, since there are already several open retail spaces in Tariffville that are
hard to keep filled now. She stated that she would like to see the lot maintained as a green. Terri Salls, 11 Tunxis Place, a 35-year resident, stated that she agreed with Mrs. Howard’s remarks. In particular, she agreed that creating new commercial space when there are already open spaces available, with high turnover, is a concern, and she would like to see the town do more with the park here. Richard Martinik, 5 Main Street Extension, asked how soon the minutes from the meeting would be available to the public. Mr. Voelker responded that the minutes are generally completed a week after the meeting, although any motions made must be recorded within 48 hours; he stated that if Mr. Martinik would like to provide a blank tape, the staff would be able to make a copy of the audiotape of the meeting for him.
Jim Fenton, 50 Winthrop Street, submitted written comments to the Commission, which he did not read aloud. He stated that he had been concerned about the environmental issue, which had already been addressed by Mr. Sawitzke. He was also upset that although Tariffville is the most thickly settled area, there is no adequate park. He said that Tariffville park is not easily accessible without 4-wheel drive, nor is it a good place for families since it is used for drinking, drugs, etc. This parcel would provide a park that would be out in the open and could be well-lit. He stated that the residents were promised a park and he felt that if this was any other part of town, the process would not be handled in this manner, without the input of the residents. Marsha Palmer, 12 Winthrop Street,
asked if the same person who ran the dry cleaners owned the property when the Property Transfer Act took effect wouldn’t that still apply. She also stated that it is very hazardous driving through the center of Tariffville now, since it is difficult to see to get out over the parked cars. She expressed concern that it will only be worse if this lot is developed and there are then cars exiting on both sides of the street. In addition, she said she agreed with both Mrs. Howard and Mr. Fenton.
Jane Fenton, 50 Winthrop Street, stated that she felt that the Commission should take into consideration the fact that cross-easements being built into the project creates the ability for future development of the site, and the Commission should look at the surrounding pieces of land, too. She also asked if the statewide RFP was done before or after the sale offer, and wanted to know if there were any requirements to place signs at the site indicating that the RFP had gone out. Mr. Sawitzke stated that a request had been made to the Board of Selectmen to consider a sale, and so the RFP was done; there is no requirement to give any notice at the site of the RFP. Chairman Loomis reiterated that there will be limited public audience at the next meeting as well, and Commissioner Howard felt that the site
walk would provide the neighbors with an informal opportunity to be informed about this issue. Mrs. Nagy stated that if the town wanted to sell Schultz Park in the middle of Simsbury, she did not believe this is how the process would work and that the town wouldn’t ask the residents what they want. She said the people of Tariffville love that piece of land, and Commissioner Cole asked if the land is used by kids to play, etc. The audience unanimously stated that kids play there all the time, and Mrs. Nagy said
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she and her husband mowed it for over 5 years to keep it neat and useful for the kids to play. Mr. Fenton expressed frustration again that they feel forgotten in Tariffville and this is a prime example. If it had been another parcel of town-owned land, he felt it would have been properly
maintained, but he thanked the Nagys for taking care of the lot in the absence of town maintenance. In addition, he asked Mr. Sawitzke if he knew of other properties that the buyer or the buyer’s family owned in proximity to this parcel that would create the possibility of landlocked land being opened up for condo or other development if this sale went through. Mr. Sawitzke indicated that he did not know that but all abutting land to this parcel is zoned B-1, which wouldn’t allow for condos. Mr. Fenton suggested that he knew the answer and Commissioner Katz asked him to provide any information that he had that might be relevant to the Commission in making its referral. Mr. Fenton replied that there are properties owned by the prospective buyer/family, and the proposed cross-easements
would open up a significant parcel of landlocked land in the middle of the parcels. He said the rumor in town is that the intent of this purchase is to develop the land for condos once the cross-easements are set in place. Mr. Voelker responded that the Planning Department has had no inquiries regarding doing anything residential or doing anything other that what’s being proposed; also, he confirmed that the B-1 zone does not support that type of development. Chairman Loomis asked that the members be provided with the names of all abutting property owners for the next meeting.
Elliot Rivera, 5 Winthrop Street, commented that it did not seem safe to have a parking lot right next to the park as indicated on the plans, and he suggested increasing the size of the park. He agreed that many people, including lots of children, use the land now. He also expressed concern as an immediate neighbor that the parking lot in the rear should be barricaded or in some way separated from his and other backyards, to prevent children from straying into the parking lot and being injured. He said he had recently moved to Tariffville from Manchester because it’s a small town, and while he is not anti-development, he would like to see the character of the area maintained. Chairman Loomis closed the public audience, and the members scheduled a site walk for Saturday, November 23, 2002 at
9am, requesting that the lot be staked, including the proposed boundaries of the park.
ZONING COMMISSION REFERRAL
Application of Mark & Beth Drummey for a Zone Change from Zone R-40 to Zone B-2 on property at 243 Farms Village Road. (continued from meeting of October 22, 2002) (Public Hearing scheduled for December 2, 2002).
Commissioner Jansen and Commissioner Ryan indicated they had walked the site separately. Commissioner Bednarcyk stated that since she was not at the last meeting nor had she been able to take the site walk, she would not be voting on this item. Chairman Loomis appointed Carol Cole to serve for Susan Bednarcyk in this matter. Chairman Loomis began by acknowledging the letters from Attorney Hausman and the Drummeys, and he asked Mr. and Mrs. Drummey if they had any new information to offer at this time. They indicated that they had received only favorable responses from members of the community for their proposed plans for the property. The Commissioners then reveiwed the zoning of the properties along Farms Village Road, as well as the uses, and discussed the concept of spot zoning and reverse
spot zoning. Mr. Drummey indicated that his parcel was perhaps the only one along that stretch that had not changed owners for a substantial time period (appx. 100 years), which may be why it has not yet undergone any
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changes to either the use or the zoning. He felt that the property does not serve the purpose of a residence but could be made useful for a business that would meet the needs of the town and comply with the zoning requirements as requested. Commissioner Gardow asked Mr. Voelker how uses other than residential get established in the R-40 zone without undergoing a zone change. Mr. Voelker replied that the fire house, post office and church are all institutional, not commercial, uses that are of the type that exist in residential areas. They operate by special permit, yet the zone remains R-40, because if the fire station is moved, for example, that doesn’t necessarily then allow a commercial building to go on that lot. Mr. Voelker stated he was unsure how the old post office went from
being a post office to being a retail store, and his office is investigating that; however, the retail use there may have been operating illegally.
The members began offering comments as to whether to make a positive or negative referral to Zoning regarding this application. Commissioner Katz said that while she had begun to consider this in the context of one parcel and one zone change, she began to think about the West Simsbury center zone as a whole in order to preserve the character of the area and the appropriate mix of uses. She suggested delaying the zone change on this parcel in order to work with Zoning on the creation and implementation of a West Simsbury design district with parameters set up that allow for a mix over time of both residential and retail/commercial uses. The members discussed this concept of a West Simsbury design district and agreed that they were interested in pursuing a discussion with Zoning on this issue, perhaps
placing it on the agenda for the Dec. 7th round table meeting with Zoning. Mr. Voelker indicated that would be a good idea since Zoning is interested in Traditional Neighborhood Design, which fits nicely with design districts. Regarding this application, however, the public hearing is scheduled for Dec. 2nd, and Zoning has 30 days to complete the hearing, and must make its decision within 65 days thereafter.
The Drummeys felt that only their parcel and the old post office have zone problems, and they felt that the other parcels were operating under the most favorable zone for their uses, so these other owners might not be interested in or receptive to potential zone changes that might restrict their uses. Mrs. Drummey questioned how the implementation of a new zone would work in this respect, and Mr. Voelker replied that the Zoning Commission could apply a new zone and make certain uses non-conforming if it wished to do so. Before a new zone would be implemented there would be public hearings, etc. Commissioner Katz read from the 1994 Plan of Development, page 44, paragraph 2, regarding a West Simsbury center zone to preserve character areas and allow mixed use in W. Simsbury center. The members
understood the need to work quickly on this issue since there is an application before them. Mr. Voelker noted that the charge under statutes of the Planning Commission is to move on the application before them vis-à-vis the Plan of Development, and he stated that the members could include their desire to work with Zoning on alternative zones in their motion. He expressed the opinion that this is not just an isolated piece, and that the need to create vitality in the zoning and be less exclusionary in how things are done is a big issue for the future. In that context, B-2 may not be the right zone here.
The members worked together to formulate the language of a possible motion, but they agreed that due to the importance of this issue, it would be best to defer action on this application to the next meeting scheduled for Nov. 26th, so that due consideration could be given to the construction and language of that motion. Commissioner Gardow agreed to work with Mr. Voelker to draft both a positive and a negative referral to Zoning for the Commission to consider at the next
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meeting. Mr. Voelker noted that copies of those draft motions should be provided to the applicants in advance of the Nov. 26th meeting date.
The members called a five-minute recess at 9:40pm.
PRESENTATION BY ALL ABOARD, INC.
Toni Gold and Cindy Lemek of All Aboard gave a power point presentation for the members. This presentation stressed the impact of transportation on a wide range of other issues, and noted that numerous aspects of public policy are related to transportation as well. After the presentation, Chairman Loomis asked Ms. Gold to offer one idea for the members to consider in updating the Plan of Development. She responded that the town should ask the DOT in Connecticut to reduce the width of all state highways going through Simsbury. She provided the website, www.allaboard.org, and gave the members information packets for their review, encouraging them to focus on transportation as a major issue for the future.
COMMUNICATIONS ON THE PLAN OF DEVELOPMENT
Presentations scheduled are Dr. Banks on Nov. 26th, regarding the archaeological site sensitivity analysis and Rich Correia on Dec. 10th. Jim Gibbons and CERC presentations may also be scheduled for Dec. 10th, although they are not confirmed yet. Chairman Loomis stated that Dr. Banks should be notified that he will not be able to begin until appx. 9:15pm since there is a full agenda for the next meeting. Dick Davis with the Simsbury Land Trust has expressed interest in presenting information to the Commission, and Mr. Tolisano gave him Jan. 28th as a tentative date for that. Commissioner Howard asked if there was anyone available to speak to the Commission on historic preservation, and Mr. Voelker indicated that they could ask the Connecticut Historic District to present something. The
members suggested inviting the Wetlands Commission to the presentation by Dr. Banks, and possibly inviting Economic Development to the Gibbons and CERC presentations. It was agreed to use the email list to begin announcing two meetings ahead regarding presentations scheduled.
The members discussed the possibility of changing the start time for the Planning Commission meetings to 7pm throughout the period when they will be having presentations since the late time for presenters is prohibitive of maximum participation by both other Boards and the public. Mr. Voelker stated that would be possible and would send a positive message to the public that these presentations are important and that the Commission values the public’s participation. Chairman Loomis indicated that this should be considered and decided upon at the next meeting.
STAFF REPORTS
None
APPROVAL OF 2003 REGULAR MEETING SCHEDULE
The members reviewed the 2003 regular meeting schedule. They agreed to add a meeting on August 12, 2003, and to eliminate the meeting scheduled for December 23, 2003. They also indicated that they would need to replace the missed meeting on November 11, 2003 (Veteran’s
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Day), and Mr. Voelker said he would check on a date that would be available for this. Chairman Loomis also requested the 2003 CRCOG schedule, and the Commission will review and approve both schedules at the next meeting.
CORRESPONDENCE
None
APPROVAL OF MINUTES of October 8, 2002 and October 22, 2002
Commissioner Katz made a motion to approve the minutes of October 8, 2002 as presented. Commissioner Gardow seconded the motion, which passed unanimously. Minor spelling and grammar corrections were noted for the clerk on the minutes of October 8, and on page 5, item XIII., the term “or later” is to be added after 8:30pm. Commissioner Katz made a motion to approve the minutes of October 22, 2002 as amended. Commissioner Jansen seconded the motion, which passed unanimously with Commissioner Howard and Commissioner Bednarcyk abstaining.
ADJOURNMENT
Commissioner Ryan moved to adjourn the meeting at 10:50pm. Commissioner Gardow seconded the motion, which passed unanimously.
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Pamela Katz, Secretary
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