06/09/2020 Planning Commission Minutes
Subject to Approval
PLANNING COMMISSION-MEETING MINUTES
TUESDAY, June 9th, 2020
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243
I. CALL TO ORDER - Chairman William Rice called the meeting to order at 7:02pm
1. Pledge of Allegiance
II. ROLL CALL
1. Appointment of Alternatives: Julie Eaton promoted to a regular member
Present: Michael Glidden, David Blume, William Rice, Erin Leavitt-Smith, Alan Needham, Holly Beum, Julie Eaton, Tim Hollister, Tim Lescalleet, Pat Naples, Honor Lawler
Absent: Sean Glenn-Fernand, Richard Cortes, Craig MacCormac
Chairman Rice made a motion to move item number 3 on the agenda, the approval of minutes, down for later review after both the discussion for the referrals and the preliminary discussion for Meadowood. Mr. Blume seconded the motion.
MOTION: All in favor, no opposed, no abstentions (6-0-0)
III. REFERRALS FROM THE BOARD OF SELECTMAN
1. Potential open space acquisition at the Meadowood site
• Trust Republic Lands prepared a PowerPoint for the Meadowood Conservation Purchase. The slides for the PowerPoint were shared to the Commission by Mr. Glidden. Ms. Lawler a representative from Trust for Public Lands (TPL) presented the slides to the Commission. TPL is a non-profit conservation organization with a “Land for People” mission. It was founded in 1972 based in San Francisco but has been in Connecticut since 1976. Ms. Lawler stated as of yesterday TPL has protected 93 properties, 7600 acres over Connecticut purchased for communities and for the benefit for the state of Connecticut with a $150 million fair market value in Connecticut Ms. Lawler explained the TPL has also worked on a couple projects in Simsbury; the Ethel Walker School protected in partnership with the town of Simsbury along with the Simsbury Meadows. Mr. Glidden explained to the Commission that the specific project being discussed tonight was the Meadowood residential subdivision; an affordable housing application which called for the construction of 296 single family residential homes with 88 deed restriction units. The approval is valid through March 20, 2022. Mr. Glidden stated that part of it had open space purchase, mainly the triangle on Firetown/Barndoor Hills Road. It was reported by Mr. Glidden that part of the court settlement there was environmental cleanup that had to occur in order to clean site to residential exposure standards. Mr. Glidden confirmed that these actions were completed in 2014. Mr. Glidden reported as part of the purchase the town of Simsbury utilized a licensed environmental specialist to review the files and inspect the site. Ms. Lawler explained that the Meadowood Conservation Project came about after conversations with Griffin Industrial, along with a vision and partnership with the town to protect the entire piece of land, 288 acres, as a conservation outcome. Ms. Lawler reported this land will be developed into leased farmland along with some trails and trail network to connect to the state forest, some areas reserved for future athletic fields if town feels needed, and a historic component as well. She further explained the TPL found that this property has incredible historic resources; it holds the farm where MLK lived and worked during his two summers in Simsbury. Ms. Lawler stated the state Historic Preservation Office is interested in putting it this on the National Registry of Historic Places for its significance in the Civil Rights movement. Ms. Lawler reported the idea that they can create more trails for the community is compelling and explained the soil is a good opportunity for active farmland. She explained there is an area reserved for future needs for an athletic field which came about after other conversations with the Town Manager, the Parks and Recreation Department and the Culture Department that explained the scarcity of flat land that would lend itself to the use of athletic fields; this will hold about 25 acres reserved for the use of future athletic fields. It was further stated by Ms. Lawler there are historic tobacco barns on Firetown Road that lend this scenic and important agricultural path of Simsbury, that of which many people are attached to, so the TPL desires to preserve it and restore some of the barns. Ms. Lawler reported that TPL holds a contract with Griffin Industrial to purchase the property fully permitted for 296-unit, single family cluster housing, with a purchase price $6 million. Ms. Lawler reported TPL has about a year with the possibility of extensions to complete this project. She explained Griffin has permits with expirations dates so TPL wants to ensure they get this done prior to the expiration date to allow Griffin alternative planning time prior to the expiration date if TPL is unable to move forward. Ms. Lawler explained there will be 138 acres of open space with State DEEP recreational access easement that requires public access and ensures that the wildlife and the habitat is conserved. This would happen through an open space and watershed land acquisition grant. Ms. Lawler explained that TPL would be pursuing that funding source to pay for the open space component. Ms. Lawler explained, per the map provided, that it is very connected to the existing open space and lends itself to a great conservation project because of the history and the soil on the farmland component is excellent. Ms. Lawler presented TPL's Capital Funding Model; $2 million from the town of Simsbury, $800,000 from DEEP via Open Space Grant, $600,000 DEEP via Highland Conservation Act Funding, $280,000 from George Dudley Seymour Trust, $1,475,000 CT Department of Agriculture, $500,000 State Historic Preservation Office, $150,000 from sale of private lot at 129 Holcomb street, total of $6,00,000 total capital; also private funding campaign for TPL project costs $460,000, plus additional funds for land management. The action items put forward to the town by TPL as explained by Ms. Lawler were as follows: allocate roughly $2.2 million to the land purchase, request technical assistance of Trust for Public Land to avoid any issues with lobbying, develop a memorandum of understanding with TPL outlining roles and responsibilities, Zoning, Planning and Conservation Commission to consider landowner’s right to a future permit renewal should the deal not move forward, collaborate with TPL on due diligence-title, survey, environmental, appraisal. Chairman Rice requested to know if this goes through who ends up owning the property. Ms. Lawler reported the TPL only facilitates the transactions, secures funding and partners with the town and at the end the town of Simsbury is the landowner. Ms. Leavitt-Smith asked Ms. Lawler whose idea was it for the athletic fields. Ms. Lawler explained that the Parks and Recreation Department presented the idea as there is very little flat open space in places where they need athletic fields and although it may not be developed now, they want to reserve it in case the need arises. Ms. Leavitt-Smith also asked if there was any talk about a community garden in the farmland area which could be used for agriculture. Ms. Lawler stated there hadn’t been specific conversations but stated those are the type of conversations that will be had in the future and possibly some conversation with public input. Ms. Leavitt-Smith stated she saw on the map that was provided the land is close to McLean and asked if there was any conversation on how to connect this land with the McLean Refuge. Ms. Lawler reported TPL wants to partner with the McLean Refuge and have met with them for preliminary conversation. Mr. Needham asked if the affordable housing that was approved is under 8-30G. Mr. Glidden confirmed it is. Ms. Lawler stated it is her understanding that it was approved under 8-30G but there are portions reserved for moderate income households. Mr. Lescalleet with Griffin Industrial stated it was approved under an 8-30G development with a mixture of affordable dwellings scattered throughout the project. Mr. Needham stated there is easements involved and asked Ms. Lawler, can the property be used for something else such as if the town wanted to see the athletic fields. Ms. Lawler confirmed they could as athletic fields don’t hold easements however where easements apply the purpose has to fall in line with the easement. Mr. Needham voiced concern over the $2.2 million and stated the 2.2 million must come out of the town budget somewhere and there needs to be a greater understanding on where it is coming from. Chairman Rice stated it was his understanding that money was under the Capitol Improvement Budget that the Commission gave the positive referral for. Mr. Glidden corrected Chairman Rice and explained that the first plan of the Capitol Improvement Budget had an open space acquisition slot, but the current budget doesn’t have this acquisition. Mr. Glidden stated this acquisition lot is subject to a referendum as it is greater than 1% of the town budget and that in November 2020 this will be a ballot question about spending the $2.2 million for the Meadowood Project. Mr. Needham asked about the cost of the $2.2 million versus the town revenue. Ms. Lawler explained that TPL has economic conservation staff who puts those documents together. Mr. Blume reported there was an economic analysis done in 2008 prior to the court decision. Ms. Lawler reported she can produce a document as such if needed. Chairman Rice asked Mr. Needham to specify his concern. Mr. Needham asked if there is truly a need for more open space and if it is going to cost the town more. Chairman Rice explained that is why it goes to the residents and they can make the decision with as much information as possible. Ms. Beum agreed with Mr. Needham stating once they have an economic analysis, they can provide the town with actual information to decide. Ms. Leavitt-Smith reported not wanting to lose the historical value and so that needs to be taken into consideration. She further stated that sometimes you can’t put a price on preserving the historical nature. Mr. Needham reflected to the POCD economic analysis. Ms. Beum asked how this parcel came to the attention of the TPL. Ms. Lawler explained she met with Griffin Industrial last summer to look at Griffins land holdings. She stated that understanding that TPL’s mission to protect important spaces once they heard a little about the history of this land, they then started talking to the town about it. Ms. Beum asked if TPL was able to get input from the Simsbury Land Trust. Ms. Lawler confirmed there was a couple of conversations with them but stated it is very early on in the process and there must be approval from the town first. Ms. Beum then stated in looking at the capitol funding she sees a sale of a private lot at 129 Holcomb street and asked how that was acquired. Mr. Lescalleet answered reporting the offsite work done at the intersection of Hoskins and 10202 required easements in order to widen the road and install a signal. He further explained that one of the easements happened to be with Mr. Antonio who is the optionee. He stated the lot that is under option abuts Mr. Antonio’s home and he is interested in buying that to expand his backyard for open space and farming purposes and in their bargaining for easements for the offsite traffic improvements they entered in an agreement to buy that lot. Mr. Needham asked outside of what the court put up in 2008 does Griffin Industrials have any other development opportunities on that property; could they do something else with it. Mr. Glidden explained it is zoned for a single-family zoning district so it would be limited to what is allowed. Chairman Rice looked at the referral letter from the Board of Selectman as they are looking for a referral by July 7th, 2020. Chairman Rice explained there is another Commission meeting on June 23rd, 2020. Chairman Rice asked the Commission if the Commission wants to consider a referral tonight or if they want time to review and reconsider until the 23rd of June. Ms. Leavitt-Smith reported being ready to vote tonight. Ms. Beum asked if the Commission can get a better look at the economics by the 23rd of June. Ms. Lawler reported she can ask the TPL team if they can put something together but isn’t sure if it can be done by June 23rd, 2020. She also stated TPL has a big application to the open space grant program due July 1st, 2020 and they require letters of support from the various Commissions. Mr. Blume reported he would appreciate the economic analysis if it can be done. Chairman Rice requested for Ms. Lawler to speak with the analysts at TPL to see if they can produce a document for the June 23rd, 2020 meeting. This discussion will be left open and it will be placed on the agenda for the June 23rd, 2020 meeting.
IV. PRELIMINARY DISCUSSION
1. Permit extension for Meadowood
• Mr. Lescalleet for Griffin Industrial explained that the genesis of the deal was born out of preservation efforts as they have had a relationship with TPL and the Department of Agriculture for years and has experience in these types of transactions. Mr. Naples, on behalf of Griffin, explained the goal is to get closure of the deal with respect to the plan previously laid out to the Commission by Ms. Lawler. However, he stated existing permits are set to expire in March of 2022, so it is Griffin’s standpoint that if the plan laid out by TPL doesn’t go forth they don’t want the permits to lapse. He explained that if it looks in time that they need to seek renewals they will do so at that time and stated Griffin feels they have a vested right to the renewals. Mr. Naples explained they want to be upfront that if the clock starts to run out and they get close to the March of 2022 end date they will be requesting renewals. Mr. Blume asked if Griffin has established a tentative start date for the development. Mr. Lescalleet stated no. He went on to explain that it is a very large project spaced out in 4 or 5 phases in which it could occur, stating if you take a look at what is approved in the phasing plan you see it is a lengthy project to be complete with a 10 year horizon. Mr. Blume asked if there were any changes since the appeals court judgement was made and Mr. Lescalleet again stated no, that it can’t without the agreement of the Commissions and what’s on records is the agreement with the town and the Commissions. Mr. Lescalleet stated if market demand is inconsistent with the plan, they would ask it to be modified. Chairman Rice asked if there was a request for an extension previously. Mr. Naples confirmed there was. Mr. Glidden explained it was the max that was allowed under statute. Mr. Lescalleet confirmed it was 14 years, from 2008 to 2022, and that there are no extension rights under the current permit which is only valid for renewal. Mr. Naples reported they would need a renewal of the existing permits as they exist currently rather than an extension. Chairman Rice gave understanding to Griffins need to maintain the permits for what’s already been approved. Mr. Glidden reported it is on the agenda, so it is not a surprise to the Commission if there is a renewal permit on the agenda come December of 2020. Mr. Lescalleet reported being committed to the project but explained that everyone must preserve their rights accordingly. Mr. Lescalleet offered for Griffin Industrial to come back to the June 23rd, 2020 meeting if needed.
V. APPROVAL OF MINUTES of the Tuesday, May 12th 2020 and May 26th, 2020 regular meetings
• Meeting minutes for 5/12/20 meeting; Chairman Rice explained there was not sufficient votes last meeting to carry the motion for approval of minutes. Chairman Rice provided the following solutions at the last meeting; moving the review of the 5/12/20 meeting minutes to this meeting, looking at composition of attendees tonight to see if sufficient votes, or have Ms. Beum and Ms. Leavitt-Smith review video of the portion of meeting they didn’t attend. Ms. Leavitt-Smith confirmed she reviewed the meeting. Ms. Eaton reminded the Commission she wasn’t present for the 5/12/20 meeting so she will not be voting. Ms. Beum abstained as she was unable to review the video. The amendments were made as requested and Ms. Leavitt- Smith made a motion to approve as amended. Ms. Beum seconded the motion.
MOTION: All in favor, no objections, two abstentions; Ms. Beum and Ms. Eaton. (4-0-2)
• Meeting minutes for the 5/26/20 meeting; Chairman Rice stated that the salutation on page 1 line 36 should be mister for Mr. Blume. On page 2 line 68 Chairman Rice reported there should be a space between this and commissions and commissions should have an apostrophe before the s. Chairman Riceasked that there be a review of the minutes to look at the proper spacing as there was multiple areas that needs spaces. Ms. Leavitt-Smith stated on page 3 line 112 it should state, what are they looking for, change the word specifically to specifics on line 113 and strike the rest of the sentence. On line 114 Ms. Leavitt-Smith stated concern with the work commissions as there should be an apostrophe before the s. Ms. Beum asked to re-review page 1 line 36 as she believes she was the one who made the statement, so it should display her name as Ms. Beum and not Mr. Blume’s name as Chairman Rice initially reported. Chairman Rice made motion to review the meeting minutes as amended with a second request for review of the spacing and punctuation. Ms. Leavitt-Smith seconded the motion.
MOTION: All in favor, no opposed, no abstentions. (6-0-0)
Mr. Glidden had no correspondence for the Commission. Ms. Leavitt-Smith requested to confirm the date of the meeting in August 2020. An 8/25/2020 meeting date was confirmed by Mr. Glidden
VI. ADJOURNMENT Ms. Leavitt-Smith made a motion to adjourn the meeting. Ms. Beum seconded the motion. The meeting adjourned at 8:16pm.
MOTION: All in favor, no opposed, no abstentions. (6-0-0)
Respectfully Submitted,
Amanda Werboff
Commission Clerk