ZONING COMMISSION MINUTES
MARCH 3, 2008
REGULAR MEETING
I. CALL TO ORDER
Austin Barney, Chairman, called the Regular Meeting of the Zoning Commission to order at timeHour19Minute07:00 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Garrett Delehanty, Jr., Scott Barnett, Bruce Elliott, James Gallagher and Alternates Joseph Grace and Madeline Gilkey. Also in attendance were Director of Planning Hiram Peck, Zoning Enforcement and Conservation Officer Howard Beach, Commission Clerk Debra Sweeney and other interested parties.
II. APPOINTMENT OF ALTERNATES
None.
III. APPROVAL OF MINUTES
Mr. Elliott made a motion to approve the minutes of the February 4, 2008 meeting. Mr. Grace seconded the motion and it passed unanimously.
IV. DISCUSSION OF JOINT BOARD stocktickerAND COMMISSION MEETING OF dateMonth2Day20Year2008FEBRUARY 20, 2008
Chairman Barney noted that a majority of the Commission members were in attendance at the dateMonth2Day20Year2008February 20, 2008 joint meeting that was held regarding the feasibility of engaging in a charette. He also noted that the Board of Selectmen failed to pass a motion to seek RFP’s for the planning process, but hoped that the process might continue. Mr. Elliott concurred and referred to the letter from Attorney Dwight Merriam to the First Selectmen dated dateMonth2Day28Year2008February 28, 2008, a copy of which was included in the Commissioners’ packet, and stated that he hoped that there would be an opportunity for the Board of Selectmen to reconsider.
Mr. Grace stated that the $500,000 estimated cost factor was a primary concern of the dissenting members. Chairman Barney stated that often one must spend money to make money and that it is a difficult situation that the Board of Selectmen must wrestle with.
V. RECEIPT OF KONOVER APPLICATION timeHour19Minute30AND SET A HEARING DATE
Mr. Peck stated that the statutes require that the Commission set a hearing date no later than 65 days after the date of receipt and that the official date of receipt is this evening, meaning that the latest date that the hearing could be held would be May 5th. However, if the Commission wished to proceed along in an expeditious fashion, then the earliest date on which a hearing could be held, given the statutory referrals that need to be done, would be April 7th. Chariman Barney thought that the hearing should be held as expeditiously as possible and set the hearing date at April 7th. He also requested to have a referral to the Capitol Region Council of Governments and a review by Dwight Merriam , as the Town’s land counsel. He asked Mr. Peck to schedule the Planning Commission to have their referral available to the Commission by then and also asked him to schedule Eno Hall, if possible.
Mr. Delehanty questioned if the Commission should continue on in its own efforts toward the development of a PDD while the application is being heard. Mr. Peck stated that, in the past, Special Counsel had advised that the Commission suspend its discussion of a regulation while the process went forward on an applicant’s submission and indicated that he would confirm with Special Counsel if such would also be the case in this instance. Mr. Delehanty stated that there has recently been public comment made to the effect that the Zoning Commission has been unable to finalize its work in this area after several years without any reference to the fact that the Commission’s lack of activity was based upon advice of counsel. Chairman Barney stated that
Attorney Merriam’s letter clearly chronicles all the procedural delays in the process and that this letter is a public document.
VI. OTHER MATTERS AS timeHour19Minute30MAY PROPERLY COME BEFORE THE COMMISSION
timeHour19Minute3053 Quarry Road
Mr. Peck stated that there is currently an applicant for the property at timeHour19Minute3053 Quarry Road who wishes to transfer a nonconforming use to another nonconforming use and asked if such a transfer of use would be acceptable to the Commission. Mr. Beach stated that historically the property was a dairy barn and that the area has been zoned R-40 for a long period of time. Subsequently, the property owner added a construction business and converted part of the space to office space. The business moved out and a daycare business moved in under Special Exception. The current application is to move an animal grooming business, currently located in timeHour19Minute30Simsmore Square, to replace the daycare. There would be no boarding or
kenneling.
Chairman Barney saw no reason why such a transfer would not be legitimate and asked for input from the other Commissioners. Mr. Barnett stated that, although he had no issue with such a transfer, he did not want to set the precedent of automatically swapping uses and thought that an application should come before the Commission. Mr. Delehanty concurred. It was the consensus of the Board that Mr. Peck should schedule the application on the next meeting’s agenda.
Zoning Regulation Revisions
Mr. Peck stated that the revision of the zoning regulations project which was started in 2003 with a consultant and then put on hold in 2005 needs to be completed before the end of June in order to use the appropriated funds. He stated that perhaps a small subcommission could select a consultant so that the project can move on to fruition. Chairman Barney asked how the three contractors under consideration were chosen. Mr. Peck stated that Glenn Chalder has done work with the Planning Commission on the Plan of Development, Brian Miller has been a consultant in the State for many years and Mr. Peck is familiar with his work, and Chris Wood is head of the Legislative Committee for the Connecticut Chapter of the American Planning Association. Chariman Barney
asked if the selected consultant would work through the policy issues or just reorganize the regulations. Mr. Peck stated that each proposal requests that the first order of business is to meet with the Commission to get a clear sense of direction and that each had different comments about the reorganization they felt was necessary. The subcommittee to select the consultant will consist of Chairman Barney, Mr. Delehanty and Mr. Elliott.
Bylaws
Mr. Peck indicated that the Commission needs to update and adopt a set of bylaws and that he expects to have a draft to the Commission for their review within the next 30 days.
Training Seminar
Mr. Peck indicated that the Connecticut Federation of Planning and Zoning Agencies conduct seminars around the State regarding procedural matters that are of interest to the commissions. The Zoning Board of Appeals and the Planning Commission are planning sessions, which take about an hour followed by questions. Chairman Barney asked Mr. Peck to schedule a session at the March 17th meeting.
VII. STAFF REPORTS
Report from Planning Director, Hiram Peck
Covered under Other Matters.
Report from Zoning Enforcement Officer, Howard Beach
Mr. Beach provided the Commission with a report with updates on zoning violations at timeHour19Minute3024 West Mountain Road, timeHour19Minute30378 West Mountain Road, timeHour19Minute3022 Wildwood Road, 16 Glenbrook, timeHour19Minute307 North Drive, timeHour19Minute3042 Canal Street, timeHour19Minute301418 Hopmeadow Street, Billingsgate, Powder Forest Homes and timeHour19Minute3011 Nimrod Road. The report indicated that complaints had been closed at timeHour19Minute3042 East Weatogue Road, timeHour19Minute3025 East Weatogue Road and Holloway’s Plaza.
Chairman Barney asked about the property across from the airport and Mr. Beach responded that the property has been cleaned up with the exception of one boat. Chairman Barney applauded Mr. Beach’s efforts at getting so many signs down. Mr. Peck added that Mr. Beach’s job is very difficult and that he spends much time and effort to assure that enforcement is uniform, even handed and fair and pointed out that most violations are the result of neighbor complaints and not due to anyone being specifically singled out of the crowd.
VIII. ADJOURNMENT
Mr. Grace made a motion to adjourn the meeting at timeHour19Minute307:30 p.m. Mr. Gallagher seconded the motion and it passed unanimously.
_____________________________________________
Garrett Delehanty, Jr., Secretary
| 
