Zoning Commission Minutes 04/15/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
APRIL15, 2013

I. CALL TO ORDER
Robert Pomeroy, Chairman, called the regular meeting for the Simsbury Zoning Commission to order at 7:00PM on Monday, April 15, 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 Edward Pabich. Others in attendance included: Hiram Peck, Director of Planning; Howard Beach, Zoning Enforcement Officer and other interested parties.

II. APPOINTMENT OF ALTERNATES
Commissioner Pomeroy appointed Commissioner Cosgrove for Commissioner Salls.

III. APPROVAL OF MINUTES of the April 1, 2013 Regular Meeting
Commissioner Pomeroy adopted the April 1, 2013 minutes with one change proposed.

IV. PUBLIC HEARING(s)
a. A proposed Workforce Housing Overlay Zone regulation draft dated March 5, 2013. Copies of the Draft WHOZ regulation are available in the office of the Town Clerk, at the Land Use Office, and on the Town web site Land Use Department page at www.simsbury-ct.gov . (continued from April 1, 2013)

Commissioner Pomeroy reminded everyone that Public Hearing item A was left open from the previous meeting in hopes there would be additional public attendance/feedback. He opened the floor for any public audience to speak.

Ed LaMontagne, Executive Direcetor, Simsbury Housing Authority, addressed the Commission and provided statistics on the current affordable housing stock in Simsbury. He spoke about the work the Aging and Disability Subcommittee will be doing on in order to address the need for affordable housing in town. He encouraged the Commission to take a serious look at increasing affordable housing and said he hopes the Commission does not forget the needs of seniors and those with disabilities.

Mr. Peck then read a statement provided to him by Commissioner Salls reflecting her support of the proposed regulation.

Commissioner Fiske made a motion to close the public hearing with regards to item IV(A). The motion was seconded by Commissioner Ryan and unanimously passed.

Commissioner Pabich then read the legal notice for the following item:

b. Revisions to Article Seven, Section C.9, b.1, and Article Seven, Section C.9, b.2, of the Town of Simsbury Zoning Regulations regarding accessory dwelling units. Copies of the proposed changes are available in the office of the Town Clerk, at the Land Use Office, and on the Town website Land Use Department page atwww.simsbury-ct.gov .

Mr. Peck provided an overview of these staff recommended revisions. Commissioner Pomeroy asked if there was any feedback from the public. Howard Beach, Zoning Enforcement Officer, spoke about the origins of this regulation and the original intent for the restrictions written into the regulation. He spoke about the sudden circumstances that often create the need for these accessory dwellings, which can be restricted under the current regulation. He said the five year requirement should be dropped for that reason. As for the square footage restrictions, Mr. Beach said the "1/3 rule" can be limiting on some of the older and smaller houses. He said the proposed revision still protects from any overdevelopment on any single structure.

TJ Donahue, Simsbury resident, said he commends the staff for catching up on this particular revision. He provided some history on the zoning regulations in Simsbury and said this change advances the statutory intent. He said it encourages diversity of housing and creates housing for a changing population. He spoke on the multiple advantages and benefits to making these proposed changes. He concluded by saying he thinks this amendment should pass.

Commissioner Fiske moved to close the public hearing regarding item IV(B). Commissioner Pabich seconded the motion which was unanimously passed.

Commissioner Pomeroy spoke about the Zoning Commission's history with regards to workforce housing and then spoke about the benefits he sees in passing this Workforce Housing Overlay Housing Regulation.

Commissioner Pabich said the Zoning Commission does have total discretion in accepting or rejecting a proposed development and he would hope there could be no legal action on the developer's part if the Commission were to reject a proposal. Mr. Peck said that as long as the regulation is followed to the letter, it would be unlikely the developer could successfully litigate.

Commissioner Ryan provided some of his concerns regarding the design guidelines provided within the proposed regulation. He said he thinks it could stifle developer creativity and make for a potentially bland landscape for the future.

Mr. Peck addressed Commissioner Ryan's concerns regarding the design guidelines, saying they are simply guidelines to let the developer know the kinds of things the Commission finds acceptable.

Commissioner Cosgrove said he thinks this is another tool for the Commission.

Re: Proposal by the Simsbury Zoning Commission for an amendment to the Simsbury Zoning Regulations for a Workforce Housing Overlay Zone (WHOZ) as an amendment numbered Section 10. N of the Simsbury Zoning Regulations, revision dated April 2, 2013;

The Simsbury Zoning Commission, in accordance with all applicable statutes and zoning regulations considered the above referenced proposed regulation at a regular meeting on April 15, 2013 and took the following action:

Upon a motion by Commissioner Ryan and seconded by Commissioner Fiske the following resolution was unanimously adopted. Voting on this matter: Chairman Pomeroy, and Commissioners Pabich, Cosgrove, Fiske and Ryan.

WHEREAS, the Commission held public hearing sessions on April 1, 2013 and April 15, 2013 and took all testimony as required by law; and
WHEREAS, the Commission has discussed the subject of a workforce housing zone for some time and reviewed several iterations of proposed regulations aimed at increasing the housing stock for affordable or workforce housing income qualified residents; and
WHEREAS the Commission finds based on submitted testimony and materials supplied by staff and its consultants, that there is a local need for this type of housing in Simsbury and that such housing will not in any way negatively affect the neighborhoods where such housing may ultimately be located; and
WHEREAS the Commission also heard from various professionals during its study of this matter and finds many of their suggestions and recommendations to be valid and worth moving forward and implementing. The professionals offered to the Commission’s satisfaction, concrete examples and solutions as to how to address issues both real and perceived that may arise during the implementation of developments which may come forward under this regulation.
THEREFORE BE IT RESOLVED that the Proposal by the Simsbury Zoning Commission for an amendment to the Simsbury Zoning Regulations for a Workforce Housing Overlay Zone (WHOZ) as an amendment numbered Section 10. N of the Simsbury Zoning Regulations with revision dated April 2, 2013, is hereby APPROVED.
The EFFECTIVE DATE of this amendment shall be May 1, 2013.

At this point in the meeting, Commissioner Pomeroy provided a history of the discussions the Commission has had regarding the proposed changes to Article Seven, Section C.9, b.1 and Article Seven, Section C.9, b.2.

Commissioner Fiske expressed his concern about eliminating the five year restriction. Mr. Peck responded by saying it is a special exception no matter what, so the Commission will see any plans no matter the age of the house and spoke about additional safe guards in place to ensure the proper use of the accessory dwellings.

Re: Proposal by the Simsbury Zoning Commission staff for an amendment to the Simsbury Zoning Regulations for amendment to Article Seven, Sections C.9. b.1 and b.2.

The Simsbury Zoning Commission, in accordance with all applicable statutes and zoning regulations considered the above referenced proposed regulation at a regular meeting on April 15, 2013 and took the following action:

Upon a motion by Commissioner Ryan and seconded by Commissioner Pabich the following resolution was unanimously adopted. Voting on this matter: Chairman Pomeroy, and Commissioners Pabich, Cosgrove, Fiske and Ryan.

WHEREAS, the Commission held a public hearing session on April 15, 2013 and took all testimony as required by law; and
WHEREAS, the Commission has discussed the subject of accessory apartments also known as Accessory Dwelling Units (ADU) regarding the apartment size and age of the dwelling, and finds the following;
WHEREAS the Commission finds based on submitted testimony and materials supplied by staff and the public, that there is a local need for this type of housing in Simsbury, and that such housing, if constructed and implemented in accordance with all applicable regulations, will not in any way negatively affect the neighborhoods where such housing may ultimately be located; and
THEREFORE BE IT RESOLVED that the proposal by the Simsbury Zoning Commission staff for an amendment to the Simsbury Zoning Regulations for accessory apartments/accessory dwelling units as an amendment to Article Seven, Section C.9 b.1 and b.2. of the Simsbury Zoning Regulations as specified in staff memo dated February 1, 2013, is hereby APPROVED.
The EFFECTIVE DATE of this amendment shall be May 1, 2013.

V. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:

a. DRB Process Discussion
Commissioner Pomeroy reviewed the changes presented by the Charter Revision regarding the Design Review Board (DRB). He said this was solely a consequence of the Charter Review and not something the Zoning Commission sought out. He continued by saying there is a proposal regarding how the DRB will be selected. He spoke about the term lengths and the nomination process. Commissioner Pomeroy spoke about the qualifications list that is currently being generated. He said obviously current members of the DRB will be strongly considered, if they wish to be. Commissioner Pomeroy said the interaction between the DRB and the Zoning Commission will be continually examined at in order to improve communication and increase the efficiency of the entire application process. The process details were reviewed and discussed by the Commissioners. Commissioner Pomeroy spoke about his support of staggered terms, but said Town Attorney believes that goes against the language of the Charter. The timeline of nominations was reviewed and discussed. Commissioner Cosgrove recommended implementing a system to get feedback from developers about their experience with the DRB.

b. The Hartford property
Mr. Peck spoke about the joint land use study and said the goal is to find the best plan for The Hartford property moving forward. He said they are sending out an RFQ to candidates and spoke about the cost of the study, of which The Hartford is funding the majority. Mr. Peck spoke further about the goals of the study. Mr. Peck noted that a study like this could be done on other parcels of land in town if Owners are willing to invest in that process.

VI. ADJOURNMENT
Commissioner Ryan moved for adjournment of the April 15, 2013 Zoning Commission meeting at 8:07. The motion was seconded by Commissioner Fiske and was unanimously passed.