04/27/2021 Planning Commission Minutes
Subject to Approval
PLANNING COMMISSION-MEETING MINUTES
TUESDAY, April 27rd, 2021
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243
I. CALL TO ORDER - Chairman Rice called the meeting to order at 7:00pm.
1. Pledge of Allegiance
II. ROLL CALL
1. Appointment of Alternates: Richard Cortes promoted to full voting members.
Present: Michael Glidden, William Rice, Richard Cortes, Julie Eaton, Holly Beum, Craig MacCormac, Erin Leavitt-Smith, Alan Needham
Absent: David Blume
III. APPROVAL OF MINUTES of the TUESDAY March 23, 2021 regular meetings
• Mr. Needham led the review of the March 23, 2021 regular meeting minutes. Mr. Needham mentioned that the date on the top of the minutes was wrong as it read February instead of March; line 4. Line 25 should reflect approval of minutes for 2/23/21. Ms. Leavitt-Smith request to take out the word it located at the end of the sentence on line 58. Line 159 the word convince should be convenience and on line 175 insert the word to between there and be as stated by Ms. Leavitt-Smith. Mr. Needham requested that on line 218 to 219 change the wording to reflect that Mr. Needham and Chairman Rice stated the proposed bills would completely cause a revision of the POCD. Ms. Leavitt-Smith, line 206, requested to eliminate Ms. Beum’s name as it was mentioned repeatedly; Chairman Rice suggested that Ms. Beum’s name should be amended to only mention it once where it reads, Ms. Beum opposed twice. Line 215, Ms. Leavitt-Smith suggested to remove the word the so the sentence reads, pause any revisions to the POCD.
• Chairman Rice made a motion to accept the meeting minutes as amended. Ms.. Leavitt-Smith seconded the motion.
Motion: All in favor, no opposed, no abstentions (6-0-0)
IV. NEW BUSINESS
1. Application
• Application #20-02 of William & Judy Longhi Owners, Cardwell Homes LLC applicant; for a 1-lot subdivision at the property located at 604 east from the intersection of Freetown Road and White Oak Lane along the southern side of White Oak Lane (Assessor’s Map G09, Block 202, Lot 011)
• Chairman Rice read the application. Don Cardwell presented the application. Mr. Cardwell explained that in 2003 there were two lots that went from Plank hill Road to White Oak Lane. The owners built a home in the middle of the two lots facing Plan Hill Road. There was a lot line change that divided the lots from east to west instead of north and south. Mr. Cardwell explained this caused it to touch another lot on Plank Hill Road. Chairman Rice shared his screen to display the map submitted by Mr. Cardwell. Lot 10 and 11 had a property line that went from Plank Hill to White Oak and the previous homeowner changed it to then go east to west. The applicant is to purchase lot 11 This was not properly subdivided as explained by Mr. Glidden. Mr. Glidden provided a copy of the map from 2003 to his staff report. The previous property owners did what they thought was a lot line revision but was really a subdivision. The lot meets all the zoning design standards if it went through the subdivision process. There is an approval through the health district. The lot on White Lane was not properly created so the applicant cannot get a certificate of zoning compliance. The lot is approximately a half acre. The applicant spoke with neighbors who were in agreement with the lot being utilized for a house. Ms. Leavitt-Smith asked about any limitations. The applicant is proposing a 2100 square feet house with a 2 car garage. There is a limitation on how large a house can be due to the septic system. Chairman Rice asked for what specifically this Commission is being asked to do. According to Mr. Glidden, this is a lot configuration that should have been considered a subdivision. The original lot, as explained by Mr. Glidden, went from White Oak out towards Plank Hill; the previous owner moved a bunch of property lines over and split the property line in the back by having it resurveyed and redrawn. Chairman Rice asked Mr. Glidden if he has run this by the town attorney which Mr. Glidden did not. Chairman Rice was vocal about his frustration with the fact that this was done against regulations and approval from the Planning Commission. Mr. Glidden explained that under state statute the town clerk is obligated to accept any map filed which contributed to this issue back in 2003. Mr. Glidden suggested that this Commission could do a fee in leu for open space at time of closing for this lot. Mr. Needham felt there was no benefit for open space on the property. Mr. Needham asked what safeguards that are currently in place to prevent this from happening again. Mr. Glidden explained the procedures town staff have in place to ensure all maps submitted are run by the Planning Commission. Chairman Rice expressed confusion in his understanding of the GIS provided with the staff report and being unclear what the original lot was. Chairman Rice felt he could not judge if this would have passed an application back then and would like to hear what the town attorney would have to say. Ms. Leavitt-Smith asked Chairman Rice to further explain his hesitation. He felt that he isn’t sure what is being presented tonight is the same subdivision to which Ms. Beum agreed. Chairman Rice explained he could not make sense of the plot plan submitted in the staff report and felt it didn’t mesh with the lot being discussed. Mr. MacCormac explained that if you compare the two maps in the staff report you can visualize it. Mr. Cardwell worked with Chairman Rice to clarify where the subdivision was on the map presented in the staff report. Mr. Glidden screen shared the 2003 full size map of the parcels and outlined the subdivision and what occurred in 2003. Chairman Rice gained clarity and mentioned that in all reality it would have been approved as there would have been no request for variances. Mr. Glidden suggested they consider if they are going to make it open space. Chairman Rice felt there should have been a public hearing to allow the neighbors a chance to present any concerns. A subdivision is an administrative approval, similar to a site plan which does not mandate a public hearing. The application will have to be filed on the land record with the approval of this Commission documented. Regarding the open space, Chairman Rice expressed there being no need to ask for a fee in leu of open space. The Commission members were in agreement.
• Mr. MacCormac made a motion to approve aligned with attachment A in the staff report, application 21-02 of William & Judy Longhi Owners, Cardwell Homes LLC applicant; for a 1-lot subdivision at the property located at 604 east from the intersection of Freetown Road and White Oak Lane along the southern side of White Oak Lane (Assessor’s Map G09, Block 202, Lot 011) and that the subdivision approval be granted pursuant to the Connecticut General Statute 8-26h with no need for open space for monies in leu of. Mr. Cortes seconded the motion.
Motion: All in favor, no opposed, no abstentions (6-0-0)
• Application 21-04 of Town of Simsbury, Owner for the re-subdivison of portion of a property located to the rear of 133 Holcomb Street (Assessor’s Map E03, Block 302, Lot 006-OS). Zone R-40 (Public Hearing to be scheduled for 05/11/2021)
• Chairman Rice read the application. Public hearing is scheduled for this Commission’s next regular scheduled meeting. Mr. Glidden further explained the application; this is considered a re-subdivision because the applicant is modifying a re-subdvision parcel. This has been approved by the Board of Selectmen. All questions and discussion have been saved for the public hearing on 5/11/21.
V. CORRESPONDENCE
1. There will be one more application coming to this Commission however, Mr. Glidden expects an appeal.
VI. ADJOURNMENT: Ms. Beum made a motion to adjourn the meeting. Mr. MacCormac seconded the motion. The meeting adjourned at 7:59pm.
MOTION: All in favor, no opposed, no abstentions. (6-0-0)
Respectfully Submitted,
Amanda Werboff
Commission Clerk