Planning Commission Minutes 07/12/2016
PLANNING COMMISSION
JULY 12, 2016
REGULAR MEETING
I. CALL TO ORDER
Chairman William Rice opened the Regular Meeting of the Planning Commission at 7:01 p.m. in the Main Meeting Room at the Town Offices. Also present were Jamie Rabbit, Director of Planning and Community Development; Michael Glidden, Assistant Town Planner; Janis Prifti, Commission Clerk; and other interested parties.
1. Pledge of Allegiance
Chairman Rice led attendees in the Pledge of Allegiance.
II. ROLL CALL
Commission members in attendance were: William Rice, Holly Beum, Alan Needham, Robert Kulakowski, Erin Leavitt-Smith, Ron Locandro, Jr., and Elizabeth Burt.
1. Appointment of Alternates
A quorum was present and no alternates were appointed; Elizabeth Burt was present as an alternate.
IV. APPLICATIONS:
1. Old Business
a. Public Hearing(s)
i. Application #16-01 of Mansour Prime Properties, LLC, Agent; Royce Palmer, Owner; for a 23-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 06/28/2016; public hearing must close by 8/17/2016)
ii.
b. Application (discussion and possible action on):
iii. Application #16-01 of Mansour Prime Properties, LLC, Agent; Royce Palmer, Owner; for a 23-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 06/28/2016; public hearing must close by 08/17/2016)
Chairman Rice noted the Public Hearing for Application #16-01 was continued to the Planning Commission’s 07/26/2016 Regular Meeting at 7:00 p.m. in the Main Meeting Room at the Town Hall; and no public comment will be taken at tonight’s meeting.
Chairman Rice asked for Staff input regarding background for considering action on the Intervenor’s Petition. Mr. Rabbitt responded that the Public Hearing process does not convey additional rights to Intervenors, although it may provide quicker access to information, as the Town has a responsibility to notify the Intervenor when new information comes in; and the Intervenors can submit testimony at the Hearing to question the Applicant and the Applicant should respond in a timely manner. He continued that once the Hearing closes the Intervenors are bound by the same rules as the Applicant, which allow no additional testimony; it allows Intervenors to potentially bring up environmental issues that the Commission may or may not consider; he would defer to counsel at that time regarding whether 8-30g allows the Commission to consider those issues in making its decision. In Mr. Rabbitt’s discussions with counsel, counsel recommended to Staff that it does no harm to the Commission to grant Intervenor status.
Mr. Rabbitt confirmed three Intervenor Petitions were stamped received by the Town on 05/10/2016. Attorney William Case confirmed that he represents the three Intervenors. Commissioner Leavitt-Smith asked for further explanation about what Intervenor status means for them and the process? Mr. Rabbitt explained that under State Statute on any land use application to a regulatory body, they can intervene on behalf of the environment; there are 3 landowners petitioning on behalf of the environment regarding Application #16-01 associated with Mansour Prime Properties, LLC, for a project at 80 Climax Road, and in the petition they assert certain items regarding the environment and they will likely submit testimony during the process on those items. He continued that they understand the plans are currently being revised by the Applicant and the Intervenors would like the opportunity to review the revised plans and submit their information regarding the environment associated with the Petitions; this does not mean they lose any rights to bring up any other issues during the proceedings. When there isn’t a Public Hearing he believes Intervenor status gives people the most standing because Intervenors have the same rights as the Applicant during the process; however, with a Public Hearing process, everyone has a right to submit public testimony until the Hearing is closed. He continued that with the assistance of counsel the Commission will discuss how to weigh Intervenor status.
Chairman Rice made motion to grant Intervenor status under Connecticut General Statute Section 22a-19 to the three following individuals who applied for the status on May 10, 2016: William C. Nelson of 37 Tallwood Hollow, Avon, Connecticut; Shelly Perron of 37 Tallwood Hollow, Avon, Connecticut; and Jeremy Vearil of 82 Climax Road, Simsbury, Connecticut.
Commissioner Kulakowski seconded the motion, and it was passed unanimously.
III. APPROVAL OF MINUTES of June 28, 2016 Regular Meeting
On Line 217, “PAD” is corrected to “POCD”.
On Line 350, the spelling of the name “Levitt-Smith” is corrected to Leavitt-Smith.
Chairman Beum made a motion to approve the June 28, 2016, Regular Meeting Minutes, as amended.
Commissioner Leavitt-Smith seconded the motion, and it was passed unanimously.
IV. APPLICATIONS (discussion resumed):
2. New Business
a. Receipt of New Applications
i. None.
b. Referrals
i. CGS 8-24 Referral on the proposed installation of solar panels at Community Farm, 69 Wolcott Road (Assessor’s Map 102, Block 439, Lot 002). Zone I-1.
At 7:20 p.m. Commissioner Locandro recused himself from this discussion.
Chairman Rice read the Referral into the record and noted it is for a fixed mass but movable solar array toward the barn side of the property with photos received. He noted a previous discussion about maintaining the character of the Town and sense of place and was not sure this Application was in the spirit of a farm, although many farms now use technology to improve operations and the Commission must make a judgement with regard to the POCD. He continued that the POCD’s green building strategy indicates this Application is consistent with passive/active solar energy - this would be active. Commissioner Needham added it is a new and different structure that promotes the farm, and it is a POCD goal to support farmland and a cheaper, greener energy source works toward that. Commissioner Beum noted the use of new technologies appropriate for rural farms makes sense and is not objectionable. Regarding the 200-foot line on the drawing, Mr. Rabbitt confirmed the array is at a fixed location that tracks sun on the horizon. Chairman Rice noted the output for twenty 260 watt modules totals 5200 watts. Commissioner Kulakowski asked if there had been discussions at other land use boards about ground mounted solar panels in Simsbury? Mr. Rabbitt responded since November 2015 he has not directly been involved in such discussions at the residential or business level, but there have been discussions at the industrial level for large solar farms. He agreed the POCD refers to clean energy, green buildings, and farm preservation and support of agriculture; and this use, although on Town-owned land, supports goals and objectives of the Plan; other regulatory Boards may weigh in on its location value as it effects the community from a site plan perspective. He summarized that regarding its overall consistency with the POCD, there are enough general statements for affirmative support. Commissioner Beum asked if any other group looks at safety given its location near the airport and whether the sun’s rays could affect a pilot? Mr. Rabbitt responded that this 8-24 referral requires any lease, sale, reuse, infrastructure improvements to municipally-owned property or disposal of municipally-owned property to come before the Planning Commission for its opinion regarding compliance, which gives the BOS the potential ability to take it to Town meeting for the infrastructure improvement; the permit required to be issued needs Zoning review, which requires an application to the Zoning Commission, and any review associated with the FAA would be undertaken at that time. Commissioner Leavitt-Smith felt it was important to preserve the farm and that this is in line with the POCD.
Commissioner Leavitt-Smith made a motion for positive referral to the Board of Selectmen that the proposed installation of solar panels on the grounds of the Community Farm on Wolcott Road in Simsbury is consistent with our 2007 Goals and Objectives of the POCD.
Commissioner Beum seconded the motion, and it was passed unanimously.
At 7:30 p.m. Commissioner Locandro rejoined the meeting.
V. GENERAL COMMISSION BUSINESS
1. Preliminary Discussions
a. Development of 32 and 36 Iron Horse Boulevard (Mike Girard and Donald Powers, AIA, Union Studio Architects)
A presentation was provided to the Planning Commission by Union Studio Architects. The Commissioners discussed the proposed project.
At 8:40 p.m., Commissioner Beum left the meeting.
2. Plan of Conservation and Development Update – Request for Qualifications
Mr. Rabbitt reviewed that the RFQ was sent out a few weeks ago and the reviewers of the 3 responses received will include Chairman Rice, Commissioner Needham, and Dave Ryan from the Zoning Commission; internal conversations with Mr. Cooke will begin in about a week to determine a direction, possibly talking with 1-2 responders to further vet their proposals; his goal was to meet in August to make a decision and then a recommendation to the full Commission. He noted the responses were good and it is a matter of finding the most appropriate response and fit to the community; all of the respondents’ costs are within budget and range from $50K to $120K for proposed scope of services and fees. The Commissioners discussed Granby’s arduous process regarding its recently completed POCD; Mr. Rabbitt noted that outside experts can enhance the process and add to the Town’s view of itself. Chairman Rice talked about the many non-residents attracted to events in Simsbury, including at the PAC, and felt the POCD is an important guiding document for the Town and should be well done.
VI. ADJOURNMENT
Commissioner Kulakowski made a motion to adjourn the meeting at 8:45 p.m.
Chairman Rice seconded the motion, and it was passed unanimously.