04/28/2020 Planning Commission Minutes

Meeting date: 
Tuesday, April 28, 2020

Subject to Approval

PLANNING COMMISSION-MEETING MINUTES
TUESDAY, APRIL 28, 2020
The public hearing was web-based on Zoom at:
https://zoom.us/j/92676352177
Meeting ID: 926-7635-2177

I. CALL TO ORDER - Chairman William Rice called the meeting to order at 7:37pm

1. Pledge of Allegiance

II. ROLL CALL

1. Appointment of Alternatives: All six regular members of the commission were present so there was no appointment of alternatives needed.

Present: William Rice, Michael Glidden, David Blume, Julie Eaton, Erin Leavitt-Smith, Alan Needham, Craig MacCormac, Holly Beum, Sean Fernand Glenn

Absent: Richard Cortes

III. APPROVAL OF MINUTES of the April 14, 2020 regular meeting

• Mr. Needham requested that the approval of the April 14, 2020 minutes be tabled as they need additional work. Commissioner Rice agreed and noted that the meeting minutes were updated late, not giving him enough time to review them entirely. Commissioner Rice will provide a markup of necessary corrections to Mr. Glidden.

MOTION: Ms. Beum made a motion to table the approval of the April 14, 2020 minutes until the next meeting. Mr. Blume seconded the motion. All in favor, no opposed, no abstentions. (6-0-0)

IV. REFERRALS FROM THE ZONING COMMISSION

1. Application #20-06 of Michael Glidden of CFM CZEO Director of Planning for Comprehensive re-write and re-organization of Zoning Regulations

• Mr. Glidden provided the commission with an outline of the new regulations, what was added, and where to find them. The public hearing is scheduled for May 18th, 2020. Mr. Glidden discussed each section individually including the updates and/or changes.
• Section 1-Purpose and Enabling Powers: This section was consolidated from the existing regulations. No further changes were made.
• Section 2-Zoning District and Map: The listing of districts was moved into a chart to now also include R-30. Section 2.2 and 2.3 are carryovers from the existing regulations.
• Section 3-Residential Zoning Districts: Every standard for residential zoning districts from Article 7 A and B and Article 8 was placed in this section. Charts were also added for further illustration.
New sections added to section 3
Location of Accessory Structures: There were new standards developed regarding the location, size, and scale of accessory structures in residential zoning districts. Access structures that were already built and in existence for more than 3 years without any action taken by the town will be considered grandfathered. These regulations will be for new construction.
Home Based Business: Clarification as to what is considered a home based business along with a set of conditions which pertain to the operation of a home based business at a single family residence.
Home Based Service Business: This provides further clarification on home based service business having customers come to the home and the safeguards for the surrounding area.
Dimensional Requirements: The existing standards and setbacks from Article 8 was placed in this section. This will allow all of the standards pertaining to residential zoning districts to be located within one section.
Existing regulations added to Section 3
The following regulations were added to Section 3 with no changes
Design Cluster Development: The Village Cluster Zones from Article 10 A and Single Family Cluster Zones Article 10 A.
Single Family Open Space Cluster Zone: Article 10 B
• Section 4-Business Districts: The lot design standards used in this section will now be displayed in charts, along with how they are allowed in each zoning district. There will be consolidation of standards for the districts into one section.
• Section 5-Industrial Districts: There will no longer be an I-3 district. Also, the lot design standards used in this section will now be displayed in charts and a consolidation of standards for the districts into one section.
• Section 6-Floodplain Zone: No changes made to this section from the existing regulations
• Section 7-Non-conforming Lots, Uses and Structures: Due to current law there was an elimination of the time requirements for re-establishing or the abandonment of non-conformities from this section.
• Section 8-Special Regulations:
Existing regulations added to Section 8

The following regulations were added to Section 8 with no changes
Planned Area Development: Article 10 L
Housing Opportunity Development Zone: Article 10 M
Assisted Living Facility, Congregate Senior Housing: Article 10 K
Workforce Overlay Housing Zone: The change was made to have the subject property for this district located 850 feet from Hopmeadow Street.
• Mr. Needham voiced concern over setback distance of 850 feet. Mr. Needham reported this distance was set to 850 feet parallel to Route 10 to accommodate Cambridge Crossing; however, he felt there should be varying distances in varying areas along Route 10. Mr. Needham expressed concern having only one measurement because of the varying impact of workforce housing in commercial areas versus established residential neighborhoods. Ms. Leavitt-Smith agreed. Chairman Rice inquired as to what standard should be used to regulate a measurement of distance. Mr. Needham discussed the possibility of reviewing the existing neighborhoods along the road. Mr. Needham made the argument that it is not preserving the character of the neighborhoods. Chairman Rice explained that the 850 feet is to accommodate a new development not to protect the neighborhood. Chairman Rice was concerned as to the subjectivity of a standard with varying distances.
New section added to Section 8
Agro-tourism Regulations: Changes are in response to some of the agricultural business in town and the activities that are occurring not allowed under the current regulations. It defines both a non-agricultural event and agricultural events. Agricultural events are allowed as of right, while non-agricultural events are subject to site plan approval.
• Section 9-Sign Regulations: No changes made however there was a report from Mr. Glidden that a recent Supreme Court Case will be enforcing changes to this section in the future.
• Section 10-Parking Standards: No changes were made.
• Section 11-Site Plan Approval: There was more information added to show what is required for the commission to make a sound and informed decision.
New sections added to Section 11
Stormwater Management: Provides explanation to the stormwater regulations that were developed and implemented based upon the MS4 permit.
Soil Erosion and Sediment Control: Provides an explanation to the erosion and sediment control standards developed based upon the MS4 permit.
Minor Change in Use or Structure Addition: Staff will now be permitted to handle certain non-residential applications administratively.
• Section 12-Special Exception Requirements: Provides a formal structure to the already developed standards along with an addition of more measurable standards to be considered when deliberating applications
• Section 13-Text Amendment Application: No changes were made to this section
• Section 14-Zone Change: This is a new section although the standards for the zone change applications can be found in Article 13 of the current regulations. No changes have been made from the current regulations.
• Section 15-Administrative Permit Applications: This is a completely new section. This section will provide an explanation as to why and when administrative permits are required.
• Section 16-Zoning Board of Appeals: No changes made to this section.
• Section 17-Administration and Definitions: This section was moved to the end of the document, originally being housed in Article 4. Any terms which pertain to the Simsbury Center Code has been removed. New definitions have been added for some of the new uses; agro tourism, non-ag and ag events, home based business, home based service business.

Chairman Rice noted that he did not feel that all of the suggested changes are consistent with the POCD. Chairman Rice will put together a statement to address this concern and this will be discussed further at the next meeting. Ms. Beum asked if this was worth holding up a referral. Mr. Glidden explained that under statute if the commission does not respond to the referral, no action is taken as a positive referral. This will be taken up again at the next meeting.

V. PLAN OF CONSERVATION AND DEVELOPMENT UPDATE
1. Affordable Housing Plan: Mr. Glidden had no update for the commission at this time. Mr. Glidden reported he is still working on the Affordable Housing Plan and it will be presented at the second meeting in May 2020.

VI. BOARD OF SELECTMAN CGS 8-24 REFERRAL
1. Capital Improvement Plan FY 20-21: Mr. Needham reported that they are still looking for budget reductions to see if they can be consistent with the POCD Capital Budget. Mr. Glidden explained that this referral pertains to the bond council. Chairman Rice made the motion to return a positive referral to the Capital Improvement Plan for the fiscal year 20-21, finding it consistent with the 2017 POCD. Mr. Needham seconded the motion. All in favor. No opposed. No abstentions. (6-0-0)

Correspondence: Mr. Glidden began to provide the commission with an update on the flood map updates however, due to this being an online meeting the Chairman Rice requested that Mr. Glidden discontinue his report at the current time

VII. ADJOURNMENT

MOTION: Ms. Beum made a motion to adjourn the meeting. Ms. Leavitt-Smith seconded the motion. All in favor, no opposed, no abstentions. (6-0-0) Meeting adjourned at 9:07pm.

Respectfully Submitted,

Amanda Werboff
Commission Clerk