Zoning Commission Minutes 07/15/2013 ADOPTED
ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
JULY 15, 2013
I. CALL TO ORDER
Robert Pomeroy, Chairman, called the regular meeting for the Simsbury Zoning Commission to order at 7:00PM on Monday, July 15, 2013 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members and alternates were present: Edward Pabich, Dave Ryan, Ed Cosgrove, Amy Salls and Vaughan Marecki. Others in attendance included Hiram Peck, Director of Planning among other interested parties.
II. APPOINTMENT OF ALTERNATES ALTERNATES
Commissioner Pomeroy appointed Commissioner Cosgrove for Commissioner Fiske and Commissioner Marecki for Commissioner Post.
III. APPROVAL OF MINUTES of the July 1, 2013 Regular Meeting The July 1, 2013 minutes were approved with two changes presented.
IV. PUBLIC HEARING(s)
Commissioner Pabich read the legal notice regarding the following public hearing items;
1. Application #13-34 of Brian R. Smith of Robinson & Cole LLP, Agent for Mark Sullivan, Petitioner, for a 6-Month Moratorium on farm use, pursuant to Article Seven, Section B.1, of the Simsbury Zoning Regulations, and the keeping of horses in residential districts, pursuant to Article Seven, Section B.6, to allow the Commission to consider potential restrictions and standards that would protect adjacent residential properties.
2. Application #13-35 of Brian R. Smith of Robinson & Cole LLP, Agent for Mark Sullivan, Petitioner, for Amendments to Article Four, Section B, and Article Seven, Section B, and Article Seven, Section C, of the Simsbury Zoning Regulations to address issues related to commercial horse stables, as distinguished from horses maintained for personal enjoyment, in residential zones.
Application #13-34 - Attorney Brian Smith, Robinson & Cole LLP, representing Mark Sullivan, addressed the Commission regarding their requested 6-month Moratorium, pursuant to the application. Attorney Smith described Mr. Smith's residential location and the history of the property as well as for the adjacent property. He described the commercial use of a farm property as it relates to the Zoning Regulations. Attorney Smith then spoke about their overall objectives and how the moratorium will allow the Commission to study the impacts of the uses of horses for personal use/enjoyment versus that of commercial operations. He spoke about why they feel this issue needs to be addressed by the Commission. He then distributed excerpts of the Zoning Regulations of other towns regarding this issue. The potential effect of the proposed moratorium was discussed.
Commissioner Pomeroy opened the floor up to the public
Michael Downs, 72 Simsbury Manor Drive, Weatogue, said he feels it is not unreasonable to ask for the moratorium in order to allow the Commission to digest the information and the situation.
John Lavery, 298 Hopmeadow Street, said he thinks the problem is with the neighbor, so why does everyone else have to be effected by the moratorium. He, as a horse owner, has never had a complaint about his property. He suggested the Commission forget the moratorium and asked the applicant to solve his issue with his neighbor himself.
Tomas Regan, City Place One, Hartford, Brown Rudnick LLP, representing Ethel Walker, spoke about how the proposed moratorium presents a problem for Ethel Walker.
Susan Mitchell, 165 One Farms Road, spoke about the issues a moratorium will create for other Simsbury residents.
Laurie Bertrand, 27 Quarry Road, said as a real estate professional, she sees the value of the horses in the community and thinks it would be a shame to implement this moratorium.
Bill Selig, 40 Riverside Road, spoke about his farm on Riverside Road and he spoke about his plans for the property and how this moratorium would affect him directly. He said he doesn't see the need for this.
Nevion Christensen, 44 West Mountain Road, said he understands regulating horses but he does not see the moratorium doing any real good.
Stacey Savin, 55 High Wood, said she abuts both subject parcels. She said she is in favor of the moratorium because there needs to be a distinction between private use and commercial use regarding horses. She said in this particular neighborhood, she has a problem with a commercial use horse farm.
Robert Patricelli, Owner of Folly Farm, said he is close to the applicant's property. He said he opposes the moratorium. He provided some history of Folly Farm and how he was able to form his commercial horse operation. He said the moratorium would create a hardship for them and their employees, and they have never had any complaints from their neighbors. He says he sees no reason to start down this path.
Cherith Sullivan, 52 East Weatogue Street, is concerned with the difference between the commercial and personal use in a residential property. She is concerned with the issues that come along with a commercial horse farm in the middle of a residential area.
Patty Hyyppa, 42 East Weatogue, asked what this moratorium would accomplish and said she legally has horses on her land, which abuts the applicant’s property.
Leonord DeMaio, 4 Cobtail Way, said he is for the moratorium, but against the length of it, as the board should move faster.
Paul McKenna, 16 Pine Glen Road, said this is an unfair portrayal of these issues, and said he would be disappointed if someone could come in and put in a commercial horse farm next to his residential property. He stated he supports the moratorium. Mr. McKenna said he thinks it is appropriate for the Commission to review this issue.
Regina Landsburg 278 Old Farms Road, said she owns a horse farm and came to Simsbury because of this lifestyle. She said she thinks the moratorium could be devastating to the community.
Christina Levin Gerdner, 51 East Weatogue Street, said it is important to look at the zoning for the whole town and the moratorium would help them do that. She is looking for clear guidelines.
Ron Vance, 17 Hall View Drive, supports the moratorium because he has received negative feedback regarding Simsbury and he thinks they need to be careful about regulations.
Richard Kuziak, 8 Riverside Road, said he doesn’t understand why the rules/guidelines are not strict or clear regarding equine properties, while there are in every other area of zoning. He would not favor a commercial horse farm on East Weatogue.
Attorney Smith made his final comments regarding Application #13-34 and tried to clear up topics that he saw as misunderstood from the public’s comments. Attorney David Sherwood, Moriarty, Paetzold and Sherwood in Glastonbury, noted that the proposed moratorium would not affect Ethel Walker, pursuant to specific language they added to the proposed regulation.
Commissioner Pabich moved to close the public hearing for Application #13-34. The motion was seconded by Commissioner Ryan and was unanimously approved.
Application #13-35 - Attorney Smith spoke about his proposed amendment to the Zoning Regulations regarding commercial horse farm operations. He spoke about commercial horse farms and personal use and described the conflicting land uses. He said this is a regulatory tool in order to allow better guidance between those who have horses and those that do not. He then reviewed the highlights to the proposed regulation. He read a letter into the record which outlines the modification to his proposed definition of Stable, Commercial. Attorney Smith then reviewed the details of the proposed regulation and why each of their proposed additions is necessary. He said they want to accomplish a differentiation that currently does not exist. He then spoke about how this relates to the Plan of Conservation and Development, saying they are trying to protect community character. The definition of “commercial” was then discussed further in response to a question from Commissioner Pomeroy.
Commissioner Pomeroy then opened the floor up to public comment.
The process of a change in regulation was reviewed by Commissioner Pomeroy.
Tomas Regan, City Place One, Hartford, Brown Rudnick LLP, representing the Ethel Walker School said the regulation should not apply to the school, as previously stated by Attorney Smith. Attorney Regan urged the commission to adopt that language excluding the school if it were to go ahead with this proposed regulation.
Robert Patricelli, Owner of Folly Farm, made his five points as to why this regulation is a bad idea. He then asked to get copies of all correspondence between town staff and the applicant’s attorneys.
Bill Selig, 40 Riverside Road, said while there are things that need to be looked at and addressed, he spoke about the issues he sees as confusing with this proposed revision.
Paul McKenna, 16 Pine Glen Road, said he is concerned about land use and zoning. He said there should be a middle ground that can be achieved. He thinks parties should be heard, as this is a significant issue, but he wants to protect people who already own property in town.
Laurie Bertrand, 27 Quarry Road, said the regulations are adequate as currently written.
Patty Hyyppa, 42 East Weatogue, spoke about purchasing her property, saying she respects the historic value of the area. She spoke about the restrictions these proposed regulations will put on her.
Howard Pinkham, 71 Hopmeadow Street, spoke about where he currently boards his horses and spoke about residential vs. commercial use. He asked they stop this overregulation when the current regulations have worked for years.
Susan Mitchell, 165 One Farms Road, spoke about the issues she has with these proposed regulations. She spoke about the benefits of farms in Simsbury and the oppressiveness of the proposed regulation.
Stacey Savin, 55 High Wood, said she thinks there is a difference between Folly Farm and putting a commercial operation in the middle of a residential area. She said all parties should be heard from and the Commission needs time to consider.
Robert Carroll, 62 West Mountain Road, said he thinks where the horses are allowed is an important issue and it needs to be regulated.
Regina Landsburg 278 Old Farms Road, spoke of the benefits of her horse farm to her neighborhood. She said she could not do all of the work without having people renting stalls, and with the proposed commercial definition, she would be considered commercial. She said hopes it will not be passed.
Kalervo Hyyppa, son of Patty Hyyppa, said the future home owners would be affected and they do not want to be the next Folly Farm. He spoke about the issues with the proposed regulation and why it would hurt their family.
Allison Patricelli, 79 Hartford Road, said the set of regulations being proposed is the wrong answer.
Steve Mitchell, 165 Old Farms, said this is ill-conceived, ill-advised law and irresponsible.
Attorney Smith summarized their point of view and said this is a town-wide issue that needs to be addressed. He asked the hearing be continued in order to submit revised regulations, in response to tonight's comments, and then continue the discussion on this issue.
Mr. Peck advised the Commission regarding the process, saying Zoning Regulation changes are usually crafted by Town Staff and then reviewed by the Zoning Commission.
Commissioner Ryan moved to close the public hearing for Application #13-35. The motion was seconded by Commissioner Salls and was unanimously approved.
Commissioner Cosgrove moved for approval of Application #13-34 of Brian R. Smith of Robinson & Cole LLP, Agent for Mark Sullivan, Petitioner, for a 6-Month Moratorium on farm use, pursuant to Article Seven, Section B.1, of the Simsbury Zoning Regulations, and the keeping of horses in residential districts, pursuant to Article Seven, Section B.6, to allow the Commission to consider potential restrictions and standards that would protect adjacent residential properties. The motion was seconded by Commissioner Ryan which was rejected with zero (0) votes in favor and six (6) votes against.
Commissioner Cosgrove moved for approval of Application #13-35 of Brian R. Smith of Robinson & Cole LLP, Agent for Mark Sullivan, Petitioner, for Amendments to Article Four, Section B, and Article Seven, Section B, and Article Seven, Section C, of the Simsbury Zoning Regulations to address issues related to commercial horse stables, as distinguished from horses maintained for personal enjoyment, in residential zones. The motion was seconded by Commissioner Ryan which was rejected with zero (0) votes in favor and six (6) votes against.
Commissioner Pomeroy said the issues raised tonight will be addressed at a future date by this Commission.
V. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:
VI. STATUS OF:
Mr. Peck provided a brief update regarding the following topics.
1. Village District project, next meeting August 8
2. Marketing project
3. The Hartford Land Use Study
VII. ADJOURNMENT
Commissioner Ryan made a motion to adjourn the July 15, 2013 Zoning Commission meeting at 9:33PM. The motion was seconded by Commissioner Cosgrove and was unanimously approved.
Respectfully submitted,
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Robert Pomeroy, Chairman