Planning Commission Minutes 06/11/2019
PLANNING COMMISSION – REGULAR MEETING
TUESDAY, JUNE 11, 2019
SIMSBURY TOWN OFFICES – MAIN MEETING ROOM – 7:00 p.m.
933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT
I. CALL TO ORDER-The meeting was called to order by Chairman William Rice at 7:02pm.
1. Pledge of Allegiance
II. ROLL CALL
1. Appointment of Alternates-None
Present: William Rice, Alan Needham, Holly Beum, Erin Leavitt-Smith, Craig MacCormac, David Blume
Alternate Present: Elizabeth Burt
Absent: Gary Lungarini, Richard Cortes
Staff Present: Michael Glidden, Director of Planning and Community Development
Bob Decrescenzo; Town Attorney
Jeff Shea; Town Engineer
III. APPROVAL OF MINUTES of the May 28, 2019 regular meeting
Line 51 should state drainage systems instead of grading systems
MOTION:
Erin Leavitt-Smith made a motion to accept the minutes as amended. David Blume seconded the motion. The motion passed unanimously at 7:06pm.
IV. PUBLIC HEARINGS
1. In accordance with HHD-CV17-6077573-S: PALMER, ROYCE Et Al v. TOWN OF SIMSBURY PLANNING COMMISSION; order dated 12/07/2018: Application #16-02 of Mansour Prime Properties, LLC, Agent; Royce Palmer, Owner; for a 19-lot affordable housing subdivision under CGS 8-30g on the property located at 80 Climax Road (Assessor’s Map D20, Block 608, Lot 001). Zone R-40. (public hearing continued to 06/11/2019)
William Rice stated that the commission is in receipt of 2 letters. One is from the Town of Simsbury Engineer, Jeff Shea. The second is from Kratzert, Jones & Associates, Inc. and Engineer, Andrew Quirk. Both letters were responses to neighbor, Paul Nosevich. Nosevich did not have any additional testimony to add since the May 28, 2019 public hearing.
William Rice stated that there is no way to determine the validity of Mr. Nosevich’s testimony. Alan Needham stated that Mr. Nosevich should be taken as an ‘informed homeowner,’ not as a professional.
William Rice asked for a synopsis from Engineer, Andrew Quirk and Town Engineer, Jeff Shea regarding the 2 letters.
Andrew Quirk discussed the concerns from Mr. Nosevich and addressed his letter written to the staff and Planning Commission. Mr. Quirk discussed climate change, spillway water surface elevations, groundwater mounting, the proposed recharger infiltration for roof runoff, and soil permeability.
Town Engineer, Jeff Shea, addressed his letter written to staff and the Planning Commission. He stated that the designs are appropriate for what they do and that there is no significant new information to change the minds of town staff and engineering. He added that there will be plenty of storage within the soil, and he is not concerned about issues with ground water mounding, the recharger infiltration or soil permeability.
William Rice asked the town attorney his advice on closing the public hearing.
Town Attorney, Bob Decrescenzo stated that the public member (Mr. Nosevich) is not present to respond to the materials presented tonight, and that Mr. Shea and Mr. Quirk provided all of the information that was requested by the Planning Commission.
MOTION:
William Rice made a motion to close the public hearing. The motion was seconded by Craig MacCormac, and passed unanimously at 7:30pm.
V. OLD BUSINESS
1. Applications
a. In accordance with HHD-CV17-6077573-S: PALMER, ROYCE Et Al v. TOWN OF SIMSBURY PLANNING COMMISSION; order dated 12/07/2018: Application #16-02 of Mansour Prime Properties, LLC, Agent; Royce Palmer, Owner; for a 19-lot affordable housing subdivision under CGS 8-30g on the property located at 80 Climax Road (Assessor’s Map D20, Block 608, Lot 001). Zone R-40. (decision must be rendered within 65 days of closing public hearing)
Alan Needham stated that any objections from the original application (that was denied) have been addressed, and he thinks the application should be approved.
Bob Decrescenzo read the standards and stated that “any decision to deny must be necessary to protect the substantial interest of the health, safety, or other matters and the risk of harm of public interest must outweigh the need for affordable housing.
Holly Beum bought up issues regarding public safety and discussed the judge’s statements regarding affordable housing and how it correlates with public harm.
Holly Beum stated that the commission never really addressed the issues regarding affordable housing and public harm. Ms. Beum stated that she would like to go on record saying that:
“Simsbury desperately needs affordable housing, however, per the rules of 8-30g, as applied to Climax Road, that means affordable homes would be built around the $275,000 purchase price. There is absolutely no shortage of homes in this price range. This is not the kind of affordable housing that we need, and the court said we did find evidence of possible harm. Beum stated that “in order to protect the public interest, it is in our duty to turn down this application.”
Bob Decrescenzo discussed the definition of “affordable housing” as it pertains to 8-30g. He explained the statutory definition. The attorney stated that “need is presumed by the statute.”
William Rice stated that it would be difficult to quantify “the harm” in this situation.
Bob Decrescenzo added that the risk of harm must be overwhelming and we are bound by legislation.
Holly Beum and Alan Needham discussed affordable housing. Ms. Beum stated that Simsbury does need affordable housing, but not this type of affordable housing. Mr. Needham added that this discussion is around how 8-30g defines affordable housing.
Holly Beum added that the commission never discussed how the need outweighed public harm in the past.
Bob Decrescenzo stated that we are bound by the definition of affordable housing as defined by the statute.
Erin Leavitt-Smith stated that there can’t just be a preponderance of evidence of harm, but the evidence must be beyond a reasonable doubt. She stated that “we did make a decision in the past and denied the application because harm did outweigh the need for affordable housing.”
Alan Needham stated that as it pertains to the 3 remaining points, there is no or very little evidence of public harm.
Holly Beum argued that the existence of flooding in the immediate area shows that this (flooding) is not merely theoretical.
William Rice stated that applicants testified that there is no flooding.
Ms. Beum stated that based on the analysis of the design, it shows theoretically that there is no harm, but our public record shows that flooding does occur in the area.
Alan Needham stated that the applicants testified that their measures are going to make flooding less likely.
David Blume asked Mr. Shea who verifies whether or not the proposal is built to design and if the builder has experience with this type of design.
Mr. Shea stated that any types of these concerns should be put into the motion.
David Blume added that we need these types of protections, otherwise harm can take place if it is not built by design.
Erin Leavitt- Smith asked if they could deviate from the plan.
Michael Glidden responded that staff will need time to address these issues if the application is approved. Staff will need time to prepare a thorough and conclusive motion.
William Rice stated that if the commission votes NO, then there will need to be significant reasons why, and that the burden is on the commission.
Bob Decrescenzo stated that within 15 days of closing the public hearing, staff will need reasons and evidence if the application is denied.
William Rice stated that he would like the town staff to draft a motion in the affirmative based on the testimony that has been received. He stated that he believes that the applicants answered all of the questions needed. The draft motion should contain certain safeguards.
William Rice asked the commissioners to review the POCD and anything thought to be in the condition of an approval should be submitted to Michael Glidden by Friday, June 21, 2019. He also asked town staff to use their judgements and experience to include conditions thought to protect the town and the people.
William Rice asked Michael Glidden to bring his computer in case any changes need to be made.
VI. NEW BUSINESS
1. Receipt of New Applications
2. Referrals
a. None
VII. GENERAL COMMISSION BUSINESS
1. Correspondence
The Zoning Commission approved the application with an effective date of July 1, 2019 for the McLean Affiliates.
VIII. ADJOURNMENT
MOTION:
Craig MacCormac made a motion to adjourn the meeting. Alan Needham seconded the motion. The motion passed unanimously at 8:12pm.