Zoning Commission Minutes 10/21/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING – 7:00 PM
ADOPTED MINUTES
OCTOBER 21, 2013

I.  CALL TO ORDER
Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:00PM on Monday, October 21, 2013 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT.  The following members were present: Amy Salls, Will Fiske, Edward Pabich, Derek Peterson, and Vaughn Marecki. Others in attendance included Hiram Peck, Director of Planning, and other interested parties.

II. APPOINTMENT OF ALTERNATES

Commissioner Pomeroy appointed Commissioner Marecki for Commissioner Post.  

III. APPROVAL OF MINUTES

Changes to the minutes from October 7, 2013 are as follows:  Line 67, “green-lined” should be “green-lighted”. Line 80, “Commissioner Peterson who opposed.” should be “Commissioners Peterson and Pabich who opposed.”

IV. PUBLIC HEARING

1. Proposed Amendment to the Simsbury Zoning Regulations for Marijuana: Palliative Use; Dispensaries; Producers. (Continued from 10/15/2012)

Mr. Peck mentioned that at one time, the Commission wanted to know how the police felt about this issue.  Mr. Peck had a discussion with the Chief of Police several times and the police didn’t have any particular items they wanted to present to the public. Mr. Peck believes that the questions the police may have had pertain to how the legislation will be enacted and how the regulations would revolve around security and security issues. Mr. Peck hasn’t heard anything back from the police regarding the regulations.

Commissioner Pomeroy opened the floor to the public.

Commissioner Pomeroy requested that the public limit their comments to the specifics of the regulation change.

Mr. Dwight Miriam, a lawyer with Robinson & Cole in Hartford, Connecticut. His firm has been retained by a group of individuals that are in the process of completing an application to become producers of medical marijuana.  The firm is at the final stages of the application process and the deadline is November 15, 2013.  Mr. Miriam is asking the Commission to decide this evening if the Town of Simsbury will amend the Zoning Regulations so that the law firm can complete the application. The application must indicate where the producer’s facility will be located.
Ms. Eileen Konieczyny of New Paltz, New York, is an oncology nurse for over 20 years. She responded to Commissioner Fiske’s question regarding how many employees expected to work at the medical marijuana facility and the expected pay scale.

Commissioner Fiske moved to close the public hearing. Commissioner Salls seconded the motion and it was unanimously approved.

Commissioner Pomeroy moved to adopt the zoning regulation changes, noting that a maximum number of two medical marijuana medical dispensaries are permitted within the Town of Simsbury at any time. In addition, the following is added in two places: Article Seven A and Seven J. B.:  Medical marijuana production facilities may be permitted as a special exception use in the I-1 or I-2 zone. The applicable special exception standards and criteria are as stated in Article Ten, A. 3., provided that all cultivation of medical marijuana plants be conducted indoors.   Article Four, Section 4.2 under Definitions should be changed to section 4B. The motion was seconded by Commissioner Salls and was unanimously approved. 

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

1.  Application #13-30 of Matt Wittmer of Phase Zero Design, Agent for GPF-Drake Hill, LLC, Owner, for a Site Plan Amendment on the property located at 720 Hopmeadow Street (Map G10, Block 227, Lot 001-2). Zone SC-1.

Mr. Peck stated that this has been continued until next week.

2. Application #13-48 of J. Edwards Associates, LLC, Agent for EASTPOINTE, LLC Owner, for a Site Plan Amendment and Sign Permit on the property located at Dorset Crossing Drive (Map H04, Block 403, Lot 13 A-B). Zone PAD.

Mr. Larry Edwards, Professional Engineer at 227 Stephanie Road in Easton, Connecticut is presenting a final proposal for PAD Master Zone for Dorset Crossing since the site was re-subdivided so that the proposed PAD site is 10.3 acres in size instead of 16 acres. The new proposal includes seven apartment buildings with 24 units in each for a total of 168 units on the 10-acre site. Additional details are listed in a memo from Mr. Peck, dated October 21, 2013, titled “Eastpointe at Dorset Crossing, Agenda for October 21, 2013.”

Mr. Bill Finger, Developer, Eastpointe, LLC, answered questions regarding the arrangements to handle trash within Dorset Crossing.

Commission Pabich asked if the recommendations from Mr. Peck’s staff and Town engineering will be implemented. Mr. Edwards responded that all recommendations have been implemented and there are no issues. 

Commissioner Pomeroy stated that the Committee relies heavily on Mr. Peck, his staff and engineers and asked if there are enough specifics outlined in the site plan so that the Committee can consider the approval for this stage of the project. Mr. Peck stated that the Committee can move forward with approval and that if there is a major change, it will be brought to the Committee’s attention.

Commissioner Pabich moved to approve all specifications noted in Section A, page two of  Mr. Peck’s memo titled Eastpointe at Dorset Crossing, Agenda of October 21, 2013. The approval is given subject to the final building development/site plans meeting the requirements. The motion was seconded by Commissioner Salls and was unanimously approved.

3. Discussion on proposed policy for Route 10 light post banners.

The Selectmen asked that the Zoning Commission offer suggestions for adopting a Town policy that meets the needs of the community. Mr. Peck read the issues outlined in the memo from Mr. Gerard Toner, Director, dated October 7, 2013 titled Route 10 Light Pole Banners. Mr. Peck asked the Commissioners to provide their suggestions within the next day or so.

VII. ADJOURNMENT

Commissioner Pabich made a motion to adjourn the meeting at 8:16 P.M.  The motion was seconded by Commissioner Salls and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk