Zoning Commission 02/04/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
FEBRUARY 4, 2013

I. CALL TO ORDER
Robert Pomeroy, Chairman, called the regular meeting for the Simsbury Zoning Commission to order at 7:01PM on Monday, February 4, 2013 in the Main Meeting Room of the Simsbury Town Offices. The following members and alternates were present: Will Fiske, Ed Cosgrove, David Ryan, and Amy Salls. Others in attendance included: Hiram Peck, Director of Planning; and other interested parties.

II. APPOINTMENT OF ALTERNATES
Commissioner Pomeroy appointed Commissioner Cosgrove as the alternate for Commissioner Post.

III. APPROVAL OF MINUTES - January 7, 2013 Regular Meeting
Commissioner Pomeroy adopted the January 7, 2013 minutes as presented.

IV. CONSENT AGENDA ITEM:
a. Application #12-39 of Gerard Toner, Agent for the Town of Simsbury, Owner, for a Site Plan Amendment for the addition of restroom facilities at Memorial Park Little League fields on property located at 60 Plank Hill Road (Map G09, Block 202, Lot 22). Zone R15.
Commissioner Pomeroy asked the other Commission members if there was any discussion regarding this Consent Agenda item and there was none.

Commissioner Fiske made a motion to approve Application #12-39 of Gerard Toner, Agent for the Town of Simsbury, Owner, for a Site Plan Amendment for the addition of restroom facilities at Memorial Park Little League fields on property located at 60 Plank Hill Road. The motion was seconded by Commissioner Pabich and passed unanimously.

V. PUBLIC HEARING(s)
Commissioner Pabich read the legal notice for the following public hearing items:
a. Application #12-48 of Joel D. Weisman, Agent for 241-245 Hopmeadow Street, LLC, Owner, for a Zone Change from I-1 to I-2 on the property located at 241-245 Hopmeadow Street, Weatogue (Map F16, Block 116, Lot 003B). Zone I-1.
b. Application #12-49 of Mark Brady, Agent for Oliver B. Dickins, Jr., Owner, for a Special Exception pursuant to Article 7, Section C.9, of the Simsbury Zoning Regulations for an accessory apartment on the property located at 9 Canaan Way (Map D08, Block 303, Lot 006). Zone R-40.
c. Application #13-01 of LADA, P.C. Land Planners, Agent for Edith A. Yakemore Revocable Trust, Owner, for a Special Exception pursuant to Article 7, Section A.8, of the Simsbury Zoning Regulations for a two-family dwelling on the property located at 52 West Street (Map G10, Block 104, Lot 009). Zone R-15.
a. Application #12-48 - Joel D. Weisman, of 241-245 Hopmeadow Street, LLC asked the Commission to allow for a change of zoning from I-1 to I-2 in order to potentially sell the office building independent from the tennis club. Mr. Peck said there are no other changes, although they will likely need some cross easements upon a sale, so staff recommendation is that it is acceptable. Commissioner Ryan asked if they will have to go through the normal subdivision if they do sell the property and Mr. Weisman said yes, they will. Commissioner Cosgrove asked if the setbacks are consistent and Mr. Peck said they are already existing, so they are fine.

b. Application #12-49 - Mr. Mark Brady, Mark Brady Kitchens, spoke on behalf of Oliver Dickins regarding Mr. Dickins’ basement space and outlined the proposed changes. Commissioner Pabich asked about the egress of the basement and Mr. Brady said the basement is about 4 steps below grade. Mr. Brady said he had confirmed the adequacy of the water and sewer with Farmington Valley Health District. Mr. Peck said the bedroom egress/ingress needs to meet any code requirements, as it is a small space and safety is the prime concern.

c. Application #13-01 - Terri-Ann Hahn, LADA P.C. Land Planners, said they are acting as the land planners for this project at 52 West Street. Ms. Hahn said when the Owners purchased the property, it was set up as a two-family home, although they did not use it that way. Ms. Hahn reviewed the specifications of the structure and showed the plans to the Commissioners,  explaining the division between the two proposed units. Ms. Hahn showed anticipated access routes to the units and then described some of the plan specifications. Ms. Hahn said there is no proposed new construction, they are not asking for any additional square footage and then she described the parking set up, saying the parking spaces are easily accessed, but well hidden. She said it complies with the requirements outlined in Section A.8 of the Zoning Regulations. Commissioner Pomeroy asked about the original configuration of the units and she said it is the same configuration. The age of the property, as it applies to the Zoning Regulations, was discussed. Mr. Peck said there is no additional construction proposed for this conversion.

Mr. Joseph Grella, 10 Firetown Road, stated he is also the owner of 7 Firetown, which abuts the subject property. Mr. Grella began by saying 52 West Street was a single-family house when it was sold and used as a single-family dwelling. He understands it looks like it could have been a two-family house, but he has done research and he does not think it was ever used as a two-family home and does not believe it should be used as a two-family home now.

Mr. Nord Christensen, Agent for Yakemore Revocable Trust, said they never claimed it was used a two-family home, but they did make that assumption because of some of the physical improvements. He said the special exception would fit with this house and that the Commission grant approval.

Ms. Ann Marie Grella - 7 & 10 Firetown Road, said she was in the house when she was growing up and it was always used as a single-family home. She said she would like it to stay a single family home.

Commissioner Salls asked Ms. Hahn for further information regarding the relevance of the age of the home. Ms. Hahn said the special exception only allows for portions of the home that were constructed between June 1, 1851 to December 31, 1939 in order to comply. When asked by Commissioner Fiske why this would be the case, Mr. Peck said from a planning standpoint, this rule does not make a lot of sense, but it was used as a limitation tool and it is how the Regulations are written. When asked, Ms. Hahn said the acreage on the property is .8 acres.  Commissioner Cosgrove said ultimately, it is irrelevant whether or not there was or was not a second kitchen at the property.

Commissioner Ryan made a motion to close the Public Hearing regarding Applications #12-48, #12-49 and #13-01. The motion was seconded by Commissioner Pabich and passed unanimously.

Commissioner Ryan made a motion to amend the agenda in order to vote on the public hearing items immediately. The motion was seconded by Commissioner Fiske and passed unanimously.

a. Application #12-48 - The Commissioners found the following: a) The proposed rezoning is reasonable and will not create an unusual or spot zone due to the fact that properties in the area along Hopmeadow Street are zoned in a similar fashion, b) The applicant proposes no change to the existing structures at the present time and has only stated that he may wish to separate the buildings sometime in the future. This approach provides no problems as to use or any other existing bulk requirements. In this the existing uses are permitted and appropriate and, c) The proposed zone change will actually bring the property more into conformance than is currently the case. For these reasons, the Commissioners determined this application could be approved as submitted.

Commissioner Ryan made a motion to approve Application #12-48 of Joel D. Weisman, Agent for 241-245 Hopmeadow Street, LLC, Owner, for a Zone Change from I-1 to I-2 on the property located at 241-245 Hopmeadow Street, Weatogue. The motion was seconded by Commissioner Fiske and passed unanimously.

b. Application #12-49

Commissioner Salls made a comment that she wanted the motion to be conditionally approved, based on passing code requirements that will ensure occupant safety with regards to ingress/egress.

Commissioner Ryan made a motion to approve Application #12-49 of Mark Brady, Agent for Oliver B. Dickins, Jr., Owner, for a Special Exception pursuant to Article 7, Section C.9, of the Simsbury Zoning Regulations for an accessory apartment on the property located at 9 Canaan Way with the condition that it meets any/all code requirements, especially as it relates to the occupant safety issue of ingress/egress of the accessory apartment. The motion was seconded by Commissioner Fiske and passed unanimously.

c. Application #13-01 - Commissioner Salls said she thinks this is a difficult decision, as it is zoned single-family and there is no evidence it ever was a two-family property, on the other hand, Commissioner Salls continued, it seems appropriately located for a two-family dwelling. Commissioner Pomeroy said he appreciates the public input but the Commission also has to balance the property owner's rights. Commissioner Pomeroy said that while it does meet all of the criteria for the special exception, it is a privilege to receive a special exception, not a right. Commissioner Fiske said he agrees with the comments but he is concerned with the rights of the neighbors, as they purchased a home in a single-family zone and this special exception sets a precedent. Commissioner Ryan said it seems to be an appropriate use of the property, considering its construction and a two-family house could be deemed the highest and best use. He continued by saying, since they are not making any changes to the exterior, he sees it as a good thing to do.  Commissioner Salls said she does think this could provide a good rental property on a busy street and might be the highest and best use, even though she is sensitive to the neighbors. She said she hears the concerns, but she would hate to see a single family house go inactive at that location, considering there a lot of other single-family options in town. Commissioner Salls concluded by saying it might be a good addition to the area, as long as it is done well.  Commissioner Cosgrove said he does want to encourage public comment from the abutting neighbors, but he sees it as a neighborhood in transition, and a two-family home might stabilize the residential component of that area.

Commissioner  Ryan made a motion to approve Application #13-01 of LADA, P.C. Land Planners, Agent for Edith A. Yakemore Revocable Trust, Owner, for a Special Exception pursuant to Article 7, Section A.8, of the Simsbury Zoning Regulations for a two-family dwelling on the property located at 52 West Street. The motion was seconded by Commissioner Cosgrove and passed by a vote of five (5) to one (1), with Commissioner Fiske voting against.

IV. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:
a. Application #13-02 of Gary Boldoc of Poyant Sign Co., Agent for Edens and Avant I I AND G COMMONS LP, Owner, for a sign permit for HomeGoods on property located at 530 Bushy Hill Road (Map B20, Block 508, Lot 001-B). Zone B3.

Mr. Boldoc was not in attendance at this point in the meeting, but Mr. Peck said he did a staff report on this property and spoke about the replacement signs. He said Design Review Board provided several suggestions, which Mr. Peck reviewed. A unified sign plan was discussed by DRB at their meeting. Commissioner Pomeroy asked if there was any mention of a unified sign in the tenant leases. Mr. Peck said he did not know, but he can follow up with the applicant. Mr. Peck said he previously asked the applicant if the tenant would have an interest in changing the signs and the tenant said they have no interest in changing the signs, so the application stands “as is”. He said the application does meet the regulation with regards to size. The signs on the surrounding buildings were discussed. Commissioner Pomeroy said all of these signs comply with our regulations.  Mr. Peck said when the Owner asked about internally lit signs, he told them that would not meet with our regulations.

Commissioner Ryan moved for approval of application #13-02 of Gary Boldoc of Poyant Sign Co., Agent for Edens and Avant I I AND G COMMONS LP, Owner, for a sign permit for HomeGoods on property located at 530 Bushy Hill Road, as presented. Commissioner Pabich seconded the motion and passed unanimously.
b. Discussion regarding Incentive Housing Opportunity Zone (IHOZ) comments by:

1. David Fink, Partnership for Strong Communities
2. Maria DeMarco, DeMarco Management
3. Ed LaMontagne, Simsbury Housing Authority
4. Jeff Sager, Metro Realty

Mr. Peck introduced the scheduled guests.

Mr. David Fink, Policy Director, Partnership for Strong Communities - introduced Partnership for Strong Communities as a state-wide housing policy organization, an advocacy and education organization. Mr. Fink said he thinks the whole process is moving towards a proactive process, as the housing market has changed tremendously since 2008 and this can no longer be a reactive process for healthy growing evolving towns.  He continued, saying towns need to figure out what they need and where to put the workforce housing. He said workforce housing is important in CT because it can create more affordable and dense housing that is appropriate for the young workforce and empty-nesters. Mr. Fink spoke about the challenges people face when trying to buy a home these days. He then spoke about the many benefits of living near public transportation as well as renting versus owning. Mr. Fink then spoke about the trend towards an increase of renters and other current market trends. He said he thinks Home Connecticut is a good tool, which will allow the Town to control the design and location of the workforce housing. Mr. Fink continued by saying mixed-income housing is popular because: 1) much easier to finance; 2) more sustainable; 3) more palatable to the community. Mr. Fink spoke about some affordable unit examples throughout CT and said the property values did not go down, crime did not go up and it works overall. He said a lot of towns are now exploring this option, which may be towns that you would not have expected would be interested. Mr. Fink concluded by saying this is not the only tool, but works for a lot of towns.

Commissioner Salls asked about the other tools and Mr. Fink said the Zoning Commission could work through granting special exceptions to developers or change their whole Zoning Ordinances.  Commissioner Pabich asked if the Commission opted to do it some other way, is the only way to make it work to make it a part of mixed-income properties. Mr. Fink said it is a good option and has worked out well for the three (3) reasons he cited earlier. Commissioner Pabich asked if the Zoning Commission can give preference to Simsbury residents and Mr. Fink said under the Fair Housing Act, they cannot do that, but in the end he thinks they will find it will largely be populated by people from Simsbury.

Commissioner Fiske asked about administration details and Mr. Fink said the properties would be deed restricted for 30 years and the town would have to designate someone to oversee it. He said in MA, sometimes they have hired an outside consultant to manage it and some towns have used their Housing Authorities.  Commissioner Pomeroy said the Commission wants to be proactive and create a template that will attract developers and a workforce population to work and live here. Mr. Fisk said the market is headed so far this way that they think the 8-30(g) statute (allowing the override local zoning) will be used more often if Towns resist it. He said it will help to be proactive in this case and developers will see it is big plus if they can go to a town which already has the program implemented.

Maria DeMarco, President, DeMarco Management - addressed the Commission by describing her management company, which is the leader in terms of doing affordable housing management in the state. She said she is getting called more and more to do exactly this. She described the administration work her company does on behalf of CT Towns. Ms. DeMarco said their role is to make sure the municipality and developer adhere to all of the requirements. She said they set the prices for the homes. Ms. DeMarco distributed sheets outlining Fair Market Rent for Simsbury for the year 2013 and described how these numbers are calculated. She spoke about the demographics of the people who are looking for this type of housing. Ms. DeMarco spoke about the increased demand on rental properties and why she thinks it is trending in this direction. She concluded by saying the need for workforce housing is there and there are a lot of people who can handle the administration that relieves the burden to the town. Ms. DeMarco spoke about the options for the Town. Commissioner Pomeroy asked about the resale price on the workforce housing units and Ms. DeMarco said that price is established on an annual basis and spoke about her company’s role in that process. Commissioner Salls said she thinks the administrative management is a fairly large piece of this whole program being successful. Commissioner Ryan asked Ms. DeMarco about recourse if the management company does not meet the obligations of their contract and she said she would get sued by the Town, the developer or the State, but it has never happened. She spoke about other regulation enforcement checks.

Ed LaMontagne, Simsbury Housing Authority, began by stating that the Simsbury Housing Authority does not administer Eno Farms. Mr. LaMontagne said he is also Chairman of the Simsbury Aging and Disability Commission and he gets a lot of requests from seniors for affordable housing, but up to this point, they have not seen any indications that affordable housing is coming to town in the near future. Mr. LaMontagne gave some figures regarding the aging population in town and the expected increased demand for affordable housing. He spoke about current pieces of legislation going through the Joint-Committee regarding affordable housing, saying the emphasis going forward is for affordable housing. Mr. LaMontagne said regardless of the wealth of the town, there is a need. Commissioner Pabich asked if he thinks it is possible to create affordable housing in Simsbury without a subsidy. Mr. LaMontagne said it is definitely easier with the subsidy and there is a need for subsidized affordable housing. Commissioner Fiske asked about the staff of Housing Authority and Mr. LaMontagne said they have nine (9) staff members, including three (3) administration employees. Commissioner Fiske asked if their current staff would be able to handle the administration work that comes along with workforce housing and Mr. LaMontagne said no, absolutely not.

Jeff Sager, Metro Realty, was scheduled to speak but Mr. Peck said he called to say he was absent due to a family emergency.

Glenn Chalmer, Planimetrics - said he thinks there is a need for this type of program and there are different options for the Commission to consider. He said he thinks the administration is not as big of an issue as they might fear.

Mr. Fink said they can build workforce housing without subsidy, but not everywhere. He said the wider the affordability, the more likely it is they will need a subsidy, but for 70% market-rate projects, the developer makes enough profit on the market-rate units to cover the cost in order to avoid the need for the subsidy.

Commissioner Pomeroy asked Mr. Peck what the Commission's next steps should be, as the Commission needs to decide how they want to go about moving forward on this topic. Commissioner Ryan said maybe they need to look at it from a floating zone standpoint and set guidelines for percentages of affordability and the let someone come in with a proposal for a zone change for a site the Commission had not yet identified. Commissioner Pomeroy asked Mr. Peck to recirculate the draft regulation to the Commission for review. Commissioner Pomeroy said they need to have a discussion at the March 4, 2013 meeting and each Commissioner should come with comments in order to finalize a draft regulation.

Mr. Andy DiFatta, President, EB Realty - said one of the components that has not been discussed is how many units does Simsbury really want, which is important to the developers. He said an alternative is to go out to developers that already have experience with these workforce housing projects and solicit them to speak to Simsbury prior to writing the regulations. Mr. DiFatta mentioned the subject of location and how the economics will work for the developers in order for this to become a reality.

c. Performing Arts Center Events Calendar
Mr. Peck said they should really take a look at the liquor permit requests, related to PAC events, on a season-wide basis, which will require a public hearing. Mr. Peck said rather than each of these organizers coming back each time for a special permit, he suggests granting a concession permit that would last for 6 months. He said they still have to go through the public gathering permit process with the staff, but that does not involve the Commission. Mr. Peck proposed to put this topic on the next agenda and then handle it as a seasonal application. This was discussed and Commissioner Pomeroy said he is in favor of doing this and said it should be on the agenda for the March 4th meeting. Commissioner Ryan said he will recuse himself on this topic, as he is on the PAC Board, but mentioned that Mr. Bob Hensley feels it is important to have both BYOB and concession.

VI. ADJOURNMENT
Commissioner Ryan moved to adjourn the February 4, 2013 Regular Meeting of the Zoning Commission at 9:02PM. The motion was seconded by Commissioner Pabich and passed unanimously.

Respectfully submitted,

____________________________
Robert Pomeroy, Chairman