05/12/2020 Planning Commission Minutes
Subject to Approval
PLANNING COMMISSION-MEETING MINUTES
TUESDAY, May 12, 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 7:03pm.
1. Pledge of Allegiance
II. ROLL CALL
1. Appointment of Alternatives: Sean Fernand Glenn and Richard Cortes were promoted as seated voting members
Present: Alan Needham, William Rice, Sean Fernand Glen, Richard Cortes, Michael Glidden, David Blume
Late Arrivals: Holly Beum and Erin Leavitt-Smith (due to scheduling confusion)
Absent: Craig MacCormac and Julie Eaton
III. APPROVAL OF MINUTES of the Tuesday, April 14, 2020 & April 28, 2020 regular meetings
1. Meeting Minutes from the April 14th, 2020 meeting were accepted as submitted. Chairman Rice made a motion to accept the minutes as submitted. Mr. Needham seconded the motion.
MOTION: All in favor, no opposed, no abstentions. (4-0-0)
2. Meeting minutes from the April 28th, 2020 meeting; Mr. Needham noted on page 2 line 56 word constructions should be singular. However, this was addressed on updated copy Mr. Needham hadn’t received thus, the change wasn’t needed. On page 3, line 139, Chairman Rice requested that his statement should be revised to reflect that the revised regulations didn’t appear to address the actions assigned to the POCD that is in the 2017 POCD. Chairman Rice also noted that on the next line, line 140, after the word statement it should state, to the chairman of the Zoning Commission. Chairman Rice made a motion to accept the minutes with the corrections as noted. Ms. Fernand Glenn seconded motion.
It is to be noted that Mr. Blume re-joined late during the meeting making 5 members of the commission present, to include the 2 alternates. This is reflected in the total number of voting members increase from 4 to 5.
MOTION: All in favor, no opposed, one abstention. (5-0-0)
IV. REFERRALS FROM THE ZONING COMMISSION
1. Application #20-06 of Michael Glidden CFM CZEO Director of Planning for Comprehensive re-write and re-organization of Zoning Regulations
• At the previous meeting, Mr. Glidden walked the commission through the change and structure with the way the chapters were organized, there was discussion regarding workforce housing overlay zone specifically its proximity to Hopmeadow Street. Chairman Rice noted the lack of consideration of the actions assigned to the Zoning Commission in the POCD. Chairman Rice explained the instructions from the previous meeting were to review the re-write and re-organization of the zoning regulations again and make a referral made to the Zoning Commission tonight to support their meeting on 5/18/20. Mr. Needham asked Mr. Glidden to explain, under the Attached Accessory Dwelling Units section of the re-write, what problems does the new regulations solve that we used to have. Mr. Glidden reported that regulation in the re-write and re-organization is the same one that is in the current zoning regulations. Mr. Glidden reported the only thing that is changing is the detached accessory unit and he explained they cleaned up the language in that section. Mr. Needham reported still being concerned about Workforce Housing section regarding the POCD, as it says the subject property shall be located in a linear distance of 750 feet from Hopmeadow street. Mr. Needham asked if this means the entirety of the project has to be within 750 feet or just one edge of it. Mr. Glidden reported only one edge of the parcel has to be within 750 feet. Mr. Needham felt that section is vague as he doesn’t see any language in regards to consistency about the neighborhoods on Hopmeadow Street that this is pushing up against. He reported there is no limitation on how many acres is involved and very little limitation on where to put it. Mr. Needham asked why are they using Hopmeadow street instead of some of the other roads in Simsbury. Mr. Needham expressed that Hopmeadow street contains most of the historic buildings and one of the most visible streets in town. Mr. Needham reported the language used in this re-write is unclear, specifically where it states located within a linear distance of 750 feet. Mr. Needham described the language as being too broad and open to interpretation. Mr. Needham reported this is treating all of Hopmeadow street as if it is the same thing, when it is not. Commissioner Rice requested to know the reason for adding this requirement to the regulation Mr. Glidden reported the WHOZ application opened the eyes of the Zoning Commission as they realized the WHOZ could land anywhere they discussed was if they are going to have this regulation they prefer that it was near route 10. Mr. Glidden explained the distance of 750 feet was decided upon as that is the distance from Cambridge Crossing on Route 10 and that the zoning Commission felt where that was, was an appropriate use of the regulation. Mr. Glidden agreed with Mr. Needham's statement that the sections of Route 10 are different from each other. Mr. Glidden explained that if an applicant applies for a WAZ application regardless of if this distance of 750 feet is applied or not, it would be a zone change application where the Zoning Commission would have a lot of legislative authority on determining whether it was appropriate to approve to scale the location or development. Mr. Glidden explained that this commission would have some referral input on that in consistency from the POCD. Mr. Glidden reminded everyone that it is a zone change regulation in order to do this. Mr. Needham is concerned about relying on the Zoning Commission and would rather relay on written regulations. Chairman Rice informed Mr. Needham he has an opportunity to go to the Zoning Commission meeting to voice his concerns if he desires. Mr. Needham reported there is not enough written in the regulation to make clear what it is called for. Mr. Needham expressed that it is not clear where the 750 feet starts and stated feeling as though there is no reference to adherence to the POCD. Chairman Rice referenced Page 90 of the 2017 POCD section 10.1B neighborhood integrity. Mr. Needham added in page 94 for reference as well. Mr. Needham reported the current language does not reflect maintaining neighborhoods and doesn’t reflect what the POCD explains regarding different fixes for different neighborhoods. Chairman Rice suggested a brief special meeting on the upcoming Thursday however, Mr. Glidden stated a staff member would not be available for a Thursday meeting. Chairman Rice requested to formulate an agreed upon statement and consider a negative referral. Mr. Needham asked if the referral can be resubmitted at a later date from the Zoning Commission with corrections/modifications and have the opportunity for a positive referral. However, Mr. Glidden reported if a negative referral is made with comments or suggestions, as long as the public hearing is open, the Zoning Commission can make a decision if they want to revise the section for Workforce Housing with the assistance of the commission or without the commission. Mr. Glidden recommended if they submit a negative referral the Planning Commission can ask the Zoning Commission to consider changes to the language of the section and the planning commission be consulted with the changes. Chairman Rice asked for a notation to the affect that the Zoning Commission needs to consider the actions that were set forth in the 2017 POCD, the ones assigned to the Zoning Commission. Mr. Needham and Chairman Rice agreed to put together a statement for the Zoning Commission. Mr. Needham will draft it by tomorrow, May 13th, 2020, at 12noon and send it to Chairman Rice for his review before it is submitted to the Zoning Commission.
Chairman Rice addressed a procedural issue with two additional attendees joining late; Ms. Beum and Ms. Leavitt-Smith. Chairman Rice noted the commission had already promoted two alternates as full members for tonight. Ms. Leavitt-Smith asked to go on record stating there needs to be consistency with a time and any change to a time needs to be communicated. Ms. Leavitt-Smith andMs. Beum will volunteer to abstain. Chairman Rice will mark them as latecomers and non-voting members for the purpose of this meeting. Chairman Rice reported that moving forward the time will be marked on the agenda.
• Chairman Rice made a motion that the commission return a negative referral to zoning application 20-06 for comprehensive re-write and re-organization of zoning regulations based on the lack of adherence to the POCD specifically items 10.1A and 10.1B on page 90 on the 2017 POCD and 8.8 on page 75 of the POCD. In the same motion, Chairman Rice asked that the commission grant authority to the secretary and the chairman to finalize the wording of the statement that will be included with the negative referral; to include collaborating with the two commissions to come to terms with the item. Mr. Cortes seconded the motion. Chairman Rice noted that another reason for the negative referral is the lack of evidence of addressing the action items assigned to the zoning commission located in the 2017 POCD. Mr. Blume does not feel that the last part of the motion was needed as he feels there is sufficient basis for a negative vote on the lack of specificity on Workforce Housing. The comment was withdrawn by Chairman Rice.
MOTION: All in favor, no opposed, no abstentions. (5-0-0)
V. PLAN OF CONSERVATION AND DEVELOPMENT UPDATE
1. Affordable Housing Plan
• Mr. Glidden stated he received the comments from Mr. Needham for the Affordable Housing Plan that he will incorporate into the document. Mr. Glidden expressed he is a little behind due to the May 20th, 2020 reopening responsibilities. Mr. Glidden will miss his deadline for the second meeting in May and step he will need until the first meeting in June. However, Mr. Glidden stated he will get a more updated document that will shared with the commission at the next meeting. Chairman Rice noted that any further comments for the Affordable Housing Plan can be sent to Mr. Glidden.
Correspondence: Mr. Glidden reported the commission will have to meet on the board of selectman referral open space purchase which will include a presentation along with the application; this will be on the agenda for the next meeting. Mr. Glidden also provided correspondence from FEMA. Mr. Glidden explained that on May 20th, 2020 the draft for the new flood maps will be out. He explained these maps will be sent digitally to the town and if anyone knows anyone or they themselves live in a flood plain please look at the maps as this will be used in determining whether someone is required to carry flood insurance. Mr. Glidden reported the current maps were last updated in 2008 but were based on engineering studies from 1979. Ms. Fernand Glenn asked about accessing the maps. Mr. Glidden stated when he receives the map, they will be uploaded to the town website. He reported he also requested copies of the GIS data from the consultants so they can upload that data onto their own GIS when it becomes available so the public can access that information anytime.
Chairman Rice noted moving forward the time of the meeting will be at 7pm with the next meeting being May 26th, 2020. Ms. Beum asked about reopening on May 20th, 2020 and requested to know if the meeting still be on Zoom. Mr. Glidden explained the Governor has not lifted the ban on the number of people for meetings so at this time the meetings will continue to be on Zoom. Mr. Cortes voiced concern of symptoms and to avoid getting anyone sick would prefer to continue the meetings in this method for himself. Mr. Glidden will consult with Mr. Cortes privately.
VI. ADJOURNMENT: Mr. Blume made a motion to adjourn the meeting. Mr. Needham seconded the motion. The meeting adjourned at 8:06pm.
MOTION: All in favor, no opposed, no abstentions. (5-0-0)
Respectfully Submitted,
Amanda Werboff
Commission Clerk