Zoning Commission Minutes 06/02/2014 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM

ADOPTED MINUTES
JUNE 2, 2014

I.  CALL TO ORDER

Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:00 P.M. on Monday, June 2, 2014 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Ed Cosgrove, Mike Doyle, Kevin Gray, Gerald Post, Vaughn Marecki, Derek Peterson and Dave Ryan. Others in attendance included Hiram Peck, Director of Planning and other interested parties.

II. APPOINTMENT OF ALTERNATES

No appointment of alternates.

III. APPROVAL OF MINUTES

Minutes from May 19, 2014 Regular Meeting were unanimously approved as submitted.

IV. PUBLIC HEARING(s)

1.  Application #14-22 of Paul J. Cocchi, Owner; for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an existing accessory dwelling unit on the property located at 46 Notch Road (Map A16, Block 503, Lot 002). Zone R-40. (public hearing closed May 19, 2014).

Mr. Peck spoke with Michael Glidden, Code Enforcement Officer for Simsbury, and was informed that the elevation of furnace was corrected and meets FEMA requirements. However, flood vents need to be installed prior to approval of the application. Mr. Peck added that staff recommends approval of the application after Mr. Cocchi meets the requirements of the flood zone.

1. Commissioner Gray moved to close the public hearing for application #14-22 of Paul J. Cocchi. The motion was seconded by Commissioner Peterson and was unanimously approved.

2. Application #14-25 of Marshall Epstein, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a Temporary Liquor Permit for the 2014 season of events to be held at Rosedale Farms and Vineyards at 25 East Weatogue Street, Simsbury, CT (Map H-14, Block 108, Lot 003). Zone R-40.

Mr. Marshall Epstein, owner of Rosedale Farms and Vineyards, is working with MAX Restaurant to host 14 “Chef to Farm” Dinners and “Food Truck Series” during the summer of 2014. This is the sixth year hosting the Chef to Farm dinners with MAX Restaurant. Thomas Hooker beer and wine from the vineyard will be sold at each event. Commissioner Pomeroy asked if there have been any issues in the past.  Mr. Peck stated that minor complaints were made regarding parking of vehicles but were corrected immediately.

2. Commissioner Post moved to close the public hearing for application #14-25 of Marshall Epstein. The motion was seconded by Commissioner Peterson and was unanimously approved.

3. Application of Simsbury Zoning Commission for proposed revisions to Article Seven, Section C.9, of the Simsbury Zoning Regulations regarding conditions of approval and requirements for Accessory Dwelling Units in the Town of Simsbury.

Mr. Peck stated that the purpose of the revisions to the regulations is to clarify some misconceptions so that the Commission can act effectively when applications are submitted.  He added that the document has been posted on the Town website since February 2014.  Mr. Peck said that he received comments on section C, number 1, page 3.  Since the word “need” can occasionally cause some problems, a suggestion was made to be more direct and replace the text with the following: The need for the proposed use is to be in accordance with the requirements of the objectives, policies and goals of the 2007 Plan and Conservation Development. He added that this suggestion reflects more directly the purpose of the regulations.  Mr. Peck also stated that the Planning Commission has a couple of questions with some definitions but did not make any recommendations yet.  He suggested postponing the vote on the regulations until the next meeting.

Commissioner Pomeroy stated his disappointment that no one from the public was in attendance. He added that the Commission doesn’t receive public input that is wanted. He agrees that addressing the “need” for an accessory dwelling is subjective. He described that a need could be financial as opposed to something more human interest such as parental or child care.  Commissioner Pomeroy said that he doesn’t see how making a distinction based on charging rent would solve any problems. Instead, it would create more problems in the process.  He expects that the Commission’s decision will be based on the character of the neighborhood and heavily influenced by what the neighbors have to say about the application. 

Discussion continued among the Commissioners of potential situations of accessory dwelling applications that may arise. Suggestions to change some text in the draft revisions were also discussed.  Mr. Peck stated he will review the wording with the Town’s legal department.

Commissioner Pomeroy strongly suggested having this public hearing remain open until the next meeting. He added that hopefully the Town Attorney will resolve some of the wording issues within two weeks. 

The Commission proceeded to vote on Applications #14-22 and #14-25

1. Commissioner Peterson moved to approve Application #14-22 of Paul Cocchi, Owner; for a Special Exception pursuant to Article Seven, Section C.9, of the Simsbury Zoning Regulations for an existing accessory dwelling unit on the property located at 46 Notch Road (Map A16, Block 503, Lot 002). Zone R-40. (public hearing closed May 19, 2014). The approval is contingent upon the placement of flood vents meeting necessary requirements. The motion was seconded by Commissioner Gray and was unanimously approved. 

2. Commissioner Gray moved to approve Application #14-25 of Marshall Epstein, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a Temporary Liquor Permit for the 2014 season of events to be held at Rosedale Farms and Vineyards at 25 East Weatogue Street, Simsbury, CT (Map H-14, Block 108, Lot 003). Zone R-40. The motion was seconded by Commissioner Post and was unanimously approved.

Commissioner Pomeroy stated that he is nominating Commissioner Peterson as Temporary Secretary since Commissioner Will Fiske has resigned. Commissioner Ryan seconded the nomination.

V. DISCCUSION AND POSSIBLE ACTION ON ANY AGENDA ITEM

Mr. Peck reminded the Commission that the next meeting will be at the library on June 16th in the Program Room. The new code for The Hartford property will be discussed.

Commissioner Pomeroy commented on the CL&P property informal presentation that was presented during the Design Review Board on May 19th.  He asks that the Commission pays special attention to this topic and take into account the input from the Design Review Board and Conservation guidelines. 

Commissioner Ryan stated that he is concerned about the great number of apartment applications and also received comments from others that it is getting out of hand. He asked Mr. Peck to gather information on the total number of apartments being developed among Grist Mill, Dorset Crossing and Powder Forest properties.  Commissioner Marecki added that he would like the breakdown to include the owner and numbers of rentals for each property. 

VI. ADJOURNMENT:

Commissioner Ryan made a motion to adjourn the meeting at 7:53 P.M.  The motion was seconded by Commissioner Marecki and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk