Planning Commission Minutes 07/08/2014 ADOPTED

PLANNING COMMISSION ADOPTED MINUTES

JULY 8, 2014

REGULAR MEETING

I.          CALL TO ORDER

Chairman Ferg Jansen 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:  Alan Needham, Richard Cortes, William Rice, Mark Drake, Robert Kulakowski, Ron Locandro, Jr., and Kevin Prell.  Also in attendance were Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties.

Chairman Jansen thanked SCTV for taping the meeting and, as he was not present at the last meeting, very much appreciated viewing and listening to the SCTV tape.

II.        SEATING OF ALTERNATES

A quorum was present.

III.       DISCUSSION AND POSSIBLE ACTION

A.        CGS 8-3a Referral for Zoning Application #14-28 of Vaughan A. Marecki, dba M. Real Estate Holdings, Owner, for a Zone Change from Zone PO to Zone B-2 on the properties located at 1 Grist Mill Road (Map F11, Block 103, Lot 005-20) and 3 Grist Mill Road (Map F11, Block 103, Lot 005-20A). Zone PO.

B.        CGS 8-3a Referral for Zoning Application #14-29 of Vaughan A. Marecki, Applicant; Joseph and Sandra Jurczak, Owners; for a Zone Change from Zone R-15 to Zone B-2 on the property located at 103 West Street (Map F11, Block 103, Lot 010). Zone B-2.

The Applicant purchased 3 Grist Mill Road in 2007 and in about 2010 took over 1 Grist Mill Road which share a common parking lot.  The Applicant recently lost a major tenant, Allstate, and is working to market that 1300 sq. ft. rental property.  The Applicant's 2 buildings are zoned as personal office, the neighboring Jurczak family residence is zoned R-15, the next 2 rental buildings are zoned B-2, the hair salon is B-2, and Salters is zoned industrial; there are 4 different zones.  A zone change is being requested to increase the marketing potential for his buildings for both rentals and future saleability and would go well with the adjacent PAD.  Having the area all B-2 is believed to be beneficial for neighborhood.  The Jurczaks, who are elderly, paid their Application Fee and asked the Applicant to represent them in the zone change request because they would also like their property to be more marketable; the Applicant has right of first refusal for the Jurczak property.  The Commissioners discussed a letter in the file from the Jurczaks authorizing the Applicant to represent them; the Applicant confirmed they were aware of this meeting.  Town Staff confirmed that the owner of the 2 rental buildings would be notified of the upcoming Public Hearing for the requested zone change. 

Regarding the zoning history, Town Staff believed it evolved with how the buildings were used over time and recommended that clearing up the different zones is likely a good thing to do.  The Applicants 2 buildings were owned by Ensign Bickford for many years and rented out.  Regarding POCD discussions about a West Street District, Town Staff indicated creating uniformity in the area makes sense; the Planning Commission previously determined West Street should be its own area and should not be connected to the Town Center and this re-zoning request would be in keeping with that portion of the POCD.

Commissioner Rice made a motion that the Planning Commission submit a positive referral for Zoning Applications #14-28 and #14-29 for properties at 1 and 3 Grist Mill Road and 103 West Street to convert the current zones to B-2 for both Applications; it will bring consistency to the zoning and make it easier for businesses to thrive in that part of Town and also conforms with the 2007 Plan of Conservation and Development.

Commissioner Drake seconded the motion.

The Commissioners discussed that it would be prudent for the Jurczaks to have appeared in order to assure that they signed the Application and letter voluntarily and agreed a policy should be developed to deal with elderly or absentee applicants, e.g. a notarized letter.  The Commissioners suggested that the Jurczaks should be present at the Public Hearing before the Zoning Commission.  The Commissioners also noted that the Application indicated it was signed by Mr. Marecki as the agent, but it was not actually signed by him.  The Commissioners summarized that a more formal process for applicants who are not present would be beneficial to this and future Applicants.  The Applicant committed to providing a notarized letter from the Jurczaks before the Public Hearing.

 The motion was passed unanimously.

IV.       COMMUNICATIONS AND ADMINISTRATIVE BUSINESS

Town Staff provided the Commissioners with a synopsis of last night's Public Hearing for the Hartford Form Based Code 61-page regulation.  It provides clear illustrative images of requirements including, cluster neighborhoods, mixed use transition and special districts.  Application types were discussed with the complexity increasing from Type 1 which would reuse the existing building with a minor change like a new sign; Type 2 would be a little more complex; Type 3 would be more complex for buildings over 25,000 sq. ft.; and Type 4 would be the most complex requiring a public hearing process to request a change in the Master Site Development Plan.  Other graphics attached were for two separate illustrative master plans, and two separate framework plans.  The Code was approved 5-1 by the Zoning Commission at last night's meeting and Town Staff will soon be meeting with CBRE to assist them with marketing the property in the near future.  Regarding changes made last night, a standard for the northern parcel proposed one type of development and the Zoning Commission revised it to provide for two types of development, e.g. a blend of residential and possibly neighborhood/commercial.  Another change made was to assure whether an Application met public standards that the Zoning Commission would have the ability to call a public hearing; the Town Attorney indicated that would be their prerogative under public law.  Town Staff summarized the purpose of the Form Based Code would be to assure the shape of a project and once the Master Site Development Plan is adopted that would be the format for both the north and south portions of the property. 

The Commissioners asked about the description of the Illustrative Master Plans at the recent Library presentation described by the consultant as being only examples and not binding.  Town Staff clarified that a proposed Illustrative Master Site Development Plan in keeping with what is shown in the Code would be fine; however, if their proposal is not in keeping with those adopted Illustrative Master Site Development Plans, e.g. moving zones around, that would be a change in the Master Site Development process resulting in a Type 4 application with a more extensive public hearing process, including review by the Design Review Board and the Planning Commission and a final decision by the Zoning Commission.

Regarding the Commission's recommendation to the Zoning Commission for the 155 Hopmeadow Street Application, Town Staff indicated, as confirmed by the Town Attorney, that the 2-2 vote was a negative recommendation and the other vote was unanimously negative.  The Zoning Commission was clearly aware of the two negative referrals.  The Commissioners discussed that the Planning report was not present for the Zoning Commission Public Hearing last night and the Hearing was continued; Town Staff will create the correct report to the Zoning Commission.

Regarding PAD acreage requirements, Town Staff provided the Commissioners with copies of the applicable section of the PAD that,  "Any lot not conforming to the minimum required lot size at the time of the adoption of this article {PAD regulation} shall be deemed to be legally non-conforming and shall be acceptable for an application for or inclusion in a PAD application."   The Town Attorney will opine on that prior to the next Zoning Commission meeting.  The Commissioners discussed that there is now only one minimum, I-1, with no size stated, unless there is a subdivision or zone change subsequent to adoption of the regulation; the intent was to preserve what happened prior to adoption of the regulation.

Town Staff clarified there was no intent to mislead anyone and clarification by the Town Attorney will be provided prior to the next Zoning meeting.

V.        APPROVAL OF MINUTES of June 24, 2014

On Line 183, the word "positive" is corrected to "negative".

Commissioner  Locandro made a motion to accept the June 24, 2014, minutes, as amended.

Commissioner Cortes seconded the motion, and it was passed with Commissioners Prell, Kulakowski, and Jansen abstaining.

VI.       ADJOURNMENT

Commissioner Cortes made a motion to adjourn the meeting at 7:42 p.m. 

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

_____________________________

Mark Drake, Secretary