Planning Commission 11/13/2012 ADOPTED

PLANNING COMMISSION MINUTES
NOVEMBER 13, 2012
REGULAR MEETING

I. CALL TO ORDER

Michael R. Paine, Chairman, called the meeting to order at 7:00 p.m. in the Main Meeting Room of the Simsbury Town Offices.  The following members were present:  Ferg Jansen, Richard Cortes, Gary Lungarini, William Rice, Tina E. Hallenbeck, Robert Kulakowski and Mark Drake.  Also in attendance was Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties.

II. SEATING OF ALTERNATES

None.

III. DISCUSSION AND POSSIBLE DECISION

A. CGS 8-3 Referral:  Proposed Zoning Regulation

Mr. Peck provided the Commissioners with a document dated 10/10/12 and pointed out that on page 2, "Draft Regulation to address House Bill 5389" will not go to the Zoning Commission until after they hold a public discussion.  Chairman Paine clarified the Commission would vote on page 1 and on revisions to Article Ten, Section K.3.  Mr. Peck confirmed that and said these are primarily administrative revisions, including:

1) Renumbering;
2) Correcting special exception standard references;
3) Rewording Article Seven, Section L. to change the title of Simsbury Center Zone to Simsbury Center Code for consistent reference purposes and for the Simsbury Center Code to prevail in regulations;
  The Commissioners noted that language in 3) appears reversed.  Mr. Peck will bring it up to the Zoning Commission.
4) Renumbering Article Seven, Section 10;
5) Renaming the chart in Article Eight, Section A. to Simsbury Center Code;
6) Correcting the chart note to read Simsbury Center Code in Article Seven, Section C.10.
7) Revising wording in Article Ten, Section K.3 re assisted living facilities being located on arterial roads, to give the Zoning Commission the option to use the same standards for other roads in Town without necessarily calling them arterial roads, e.g. Powder Forest Drive.

He said the remainder of pages 1 and 2 pertain to the State-passed Medical Marijuana law.  He previously drafted a regulation defining a licensed medical marijuana dispensary and defining a licensed medical marijuana producer.  He said the Zoning Commission is holding a public discussion on 11/19/12 regarding what to do to respond to this new State law.  He said the Zoning Commission has not taken a position on this new law.  He posted a copy of the bill on the Town website and suggested people read the statute prior to attending the public discussion on 11/19/12. 

Commissioner Jansen made a motion to approve the Proposed Zoning Regulations subject to re-writing as discussed, and the paragraph referring to House Bill 5389 be eliminated.  Commissioner Hallenbeck seconded the motion, and it was passed unanimously.

B. CGS 8-24 Referral:  60 Plank Hill Road: restroom facility at Memorial Park Little League field

Mr. Peck said the applicant is not ready to move forward at this time.  He said they will fundraise and go out to contractors in late December.  Mr. Peck will get answers to any questions the Commissioners email to him in the meantime; there are no zoning variances or coverage problems and he is waiting for final signoff from Mr. Beach on wetlands.  Chairman Paine noted 8-24 means it is Town-owned property and the Commission will wait for maps and accompanying documents.

IV. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS

Mr. Peck provided the Commissioners with a proposed fee schedule presented to the BOS recently and they request the Commission's input.  He said currently, the Town collects $60 for every land use application with all but $2 going to the State; this year it will cost the Town about $6000+ and he is proposing applicants pay this fee.  He is also proposing applicants pay the cost of placing required legal ads, instead of the Town, e.g. if there are 4 applicants in an ad, the cost could be divided by 4.  He said fees are intended to cover the cost of processing an application, but that is not the case.  He said also the cost of outside consultant fees, as passed by the BOS a few years ago, allows that with Commission agreement if Town staff needs assistance analyzing more complex projects, the applicant pays the consulting cost.  He said another proposal relates to after-the-fact permit applications with Town enforcement staff spending 20-25% of their time pursuing these cases; these fees would be 3x the required fee, with common sense used to determine when 3x fees should not be applied. 

Mr. Peck requested Commissioners comments and would like to return to the BOS with this proposal by the year end.  Commissioner Jansen suggested at the time of home purchase attorneys have this information so there are no surprises for innocent homeowners.  Mr. Peck said purchasers of homes often come in for a Certificate of Zoning Compliance for a small fee and that is exactly the time they should become aware of this.  Commissioner Rice suggested language be rewritten to consider the Zoning Enforcement Officer's judgment.  Chairman Paine suggested it could be agreed between the Zoning Enforcement Officer and Mr. Peck.  Mr. Peck said if it complied with Zoning regulations at the time it occurred, there is no fee; he will work on more flexible wording.  Mr. Peck clarified this pertains to land use fees only.  Chairman Paine noted $6000 carried a whole year probably actually costs about $10,000/year.

V. APPROVAL OF PROPOSED 2013 MEETING SCHEDULE

Mr. Peck said any meeting not on this calendar would be called a Special Meeting.

Commissioner Rice made a motion to approve the 2013 Meeting Schedule with the understanding either September 17th or September 24th will be confirmed as the correct meeting date; and the Commission will not meet on December 24th.

Commissioner Drake seconded the motion, and it was passed unanimously.

VI. APPROVAL OF MINUTES of October 23, 2012

Commissioner Hallenbeck made a motion to approve the October 23, 2012, minutes as written. 

Commissioner Rice seconded the motion, and it was passed with Commissioner Hallenbeck abstaining.

VII. ADJOURNMENT

Commissioner Jansen made a motion to adjourn the meeting at 7:40 p.m.  Commissioner Hallenbeck seconded the motion, and it was passed unanimously.

_____________________________
Michael R. Paine, Chairman