Planning Commission Minutes 09/13/2016
PLANNING COMMISSION
SEPTEMBER 13, 2016
REGULAR MEETING
I. CALL TO ORDER
Chairman William Rice opened the Regular Meeting of the Planning Commission at 7:00 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
1. Appointment of Alternates
Commission members in attendance were: William Rice, Holly Beum, Alan Needham, Erin Leavitt-Smith, Robert Kulakowski, and Elizabeth Burt.
1. Appointment of Alternates
Five regular members were present and Chairman Rice also appointed Alternate Elizabeth Burt to regular member status.
Chairman Rice thanked SCTV for filming this meeting.
III. APPROVAL OF MINUTES of the July 26, 2016 regular meeting, July19, 2016 special meeting, and August 31, 2016 special meeting
July 19, 2016 Special Meeting:
Chairman Rice made a motion to approve the July 19, 2016 Special Meeting Minutes, as written.
Commissioner Needham seconded the motion, and it was passed with 5 in favor, and Commissioner Leavitt-Smith abstained.
July 26, 2016 Regular Meeting:
Commissioner Beum made a motion to approve the July 26, 2016 Regular Meeting Minutes, as written.
Commissioner Leavitt-Smith seconded the motion, and it was passed with 5 in favor, and Commissioner Kulakowski abstained.
August 31, 2016 Special Meeting:
Commissioner Leavitt-Smith made a motion to approve the August 31, 2016 Special Meeting Minutes, as written.
Commissioner Beum seconded the motion, and it was passed with 5 in favor, and Commissioner Leavitt-Smith abstained.
IV. PUBLIC HEARINGS
a. None Scheduled
1. Old Business
a. Application(s)
1. None
2. New Business
a. Receipt of New Applications
1. 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. (received 9/1/2015; public hearing must be opened by 11/5/2016)
Chairman Rice read Application #16-02 received 09/01/2016 into the record.
Mr. Rabbitt clarified the Application was received in July and by State statute was officially received 35 days after that by the Commission on 09/01/2016 and from that date the Commission has 65 days to schedule a Public Hearing. He added that once the Public Hearing is opened the Commission has 35 days to close that Hearing; once the Hearing is closed the Commission has 65 days to make a decision and the Applicant can consent to no more than 65 additional days at any point in the process. Regarding venues, Mr. Rabbitt noted they will know in the next couple of days if they have Eno Memorial Hall for the 10/25/2016 date, other choices would be the Library Community Room or Town Hall Main Meeting Room; and the date and venue need to be solidified prior to sending out legal notices, as well as referrals to Avon, and the Capitol Region Council of Governments – therefore, he recommended holding the Public Hearing at the 10/25/2016 regularly scheduled meeting.
Regarding the POCD update schedule, Mr. Rabbitt indicated the consultant may be available on 09/27/2016 and potential dates for the remainder of the year could be reviewed at that time; approved regularly scheduled meetings for the Commission are 9/27, 10/25, 11/22, and 12/13, and a special meeting could be agreed to.
Chairman Rice made a motion to start the Public Hearing for Application #16-02 on October 25, 2016, 7:00 p.m. at Eno Memorial Hall, tentatively and to be confirmed, with a backup plan being the Library Community Room.
Commissioner Kulakowski seconded the motion, and it was passed unanimously.
Mr. Rabbit requested the Commission refer Application #16-02 to the Conservation Commission.
Chairman Rice made a motion to refer Application #16-02 to the Conservation Commission for review of erosion and sedimentation control.
Commissioner Leavitt-Smith seconded the motion, and it was passed unanimously.
2. Application #16-03 of Denno Land Surveying, Agent; Alice M. Yokabaskas, Owner; for a 2-lot re-subdivision on the property located at 224 Old Farms Road (Assessor's Map C05, Block 301, Lot 008A). Zone R-80. (to be received 09/13/2016; public hearing must be opened by 11/17/2016)
Chairman Rice read Application #16-03 into the record.
Mr. Rabbitt noted that because this is a re-subdivision, a Public Hearing is required and recommended scheduling it for 10/25/2016 following the permitting queue. The Commissioners discussed potential scheduling. Mr. Rabbitt noted the Hearing for Application #16-03 could be opened and continued to the subsequent month; this Applicant was aware the Climax Road Application had been filed ahead of theirs. Mr. Rabbitt indicated there may be interested abutters at the Hearing for Application #16-03; Mr. Glidden explained this property was part of a larger piece subdivided in 1963 under Town subdivision regulations approved on 10/06/1941. Issues regarding the timing for hearing the Applications on 10/25/2016 were discussed; the Chairman will set ground rules at the meeting start.
Chairman Rice made a motion to open the Public Hearing for Application #16-03 on October 25, 2016, following an earlier public meeting also at Eno Memorial Hall or the Library.
Commissioner Kulakowski seconded the motion, and it was passed unanimously.
Mr. Glidden noted that Application #16-03 is already before the Conservation Commission.
b. Referrals
1. CGS 8-3a Referral to the Zoning Commission on Zoning Application #16-39 of Robert M. Bourque, Esq., Petitioner, for Text Amendments to the Town of Simsbury Zoning Regulations to: Article 7, Section B, to permit farm vineyards and wineries in all residential zones as permitted uses subject to site plan approval; such facilities would be allowed to hold special events/promotions and sell products at retail.
Chairman Rice read the referral for Zoning Application #16-39 into the record.
Mr. Rabbitt explained the Applicant has 2 applications before the Commission. He has had discussion over the past 6-8 months with Rosedale Farms regarding their potentially adding infrastructure for a commercial bakery and/or commercial kitchen. He noted they have a farm/winery and looking at the regulations they did not see how a commercial kitchen could be constructed in a residential R-40 neighborhood; and value added to products grown on the farm would need to be clarified in regulations. Mr. Rabbitt described the farm scenario discussed for a farm winery with certain accessory uses listed and clarifying whether those uses are “as of right” or require a “special permit”; also, farms that hold functions that are not traditional to a farm, e.g. weddings, farm-to-table, and their proposed language attempting to clarify that.
Mr. Rabbitt suggested the Commissioners prepare to fully discuss compliance with the POCD at the 09/27/2016 meeting of the proposed functions and text amendment language, which could apply to other similar Town agricultural properties. It was noted on page 3 of both documents, they propose inclusion of a commercial kitchen facility; Mr. Rabbitt believed farm wineries with a liquor permit are allowed to produce wine, have tastings, and conduct retail and wholesale sales. The Commissioners noted addition of a commercial kitchen would change the nature of use. Mr. Rabbitt indicated that if the Applicant received a zoning permit for the property, they would be held to regulation standards which allow them X number of events a year so long as they register with the municipality – it is a registry and not a second permitting process. Regarding language that, “at least two weeks prior to such event … a zoning permit application shall be submitted to the Zoning Enforcement Officer” providing the event date, number of guests, with no more than 3 such events per week on page 2 of the permitted uses, with the permit ordinarily issued. Mr. Rabbitt reiterated the need to digest the material in order to develop an opinion. Chairman Rice asked the Commissioners to read and evaluate the proposed text amendment regarding consistency with the POCD to prepare for discussion on 09/27/2016.
2. CGS 8-3a Referral to the Zoning Commission on Zoning Application #16-40 of Robert M. Bourque, Esq., Petitioner, for Text Amendments to the Town of Simsbury Zoning Regulation to: Article 7, Section B, to permit large acreage agricultural farms in all residential zones as permitted uses subject to site plan approval; such farms would be allowed to hold special public and private events, sell products at retail, and operate commercial kitchens.
3. CGS 8-3a Referral of Proposed improvement project at Simsbury Farms
Mr. Rabbit reviewed that a family in Town has offered a gift to Simsbury Farms for a resident’s husbands passing to build a post and beam pavilion located near the tennis courts and parking lot in a flat area; a representative photo was provided. Mr. Rabbitt indicated this improvement gift could be viewed as consistent with the POCD and the Commission has 35 days to formulate an opinion. Mr. Rabbitt confirmed Parks and Rec recommended to the BOS accepting the gift which the BOS approved last night, and because it was a gift and improvement, the BOS procedurally referred it next to the Planning Commission. The Commissioners discussed the benefits of the pavilion improvement and felt it was consistent with the POCD, specifically regarding building community character, and expressed appreciation for such a nice gesture.
Commissioner Kulakowski made a motion for a positive referral to the Board of Selectmen for the improvement project at Simsbury Farms.
Commissioner Beum seconded the motion, and it was passed unanimously.
V. GENERAL COMMISSION BUSINESS
a. Plan of Conservation and Development Update
Mr. Rabbitt advised they met with Planometrics and have received a draft contract for $87,500 to complete the POCD, which includes a random phone survey of 400 residents, and an option included in the price for an online Survey Monkey. The contract was approved by the BOS last night and Legal Counsel proposed one revision, which they are waiting for confirmation on from the consultant and anticipate a signed contract by the end of the week; then Mr. Rabbitt would have the consultant attend the 09/27/2016 meeting to begin working with the Commission. Mr. Rabbitt requested the Commissioners bring their calendars in order to schedule time for the POCD. He cautioned that applicants may ask the Commission to schedule hearing their applications since they are meeting on the POCD anyway, and that applicants be informed no additional items can be brought up at POCD meetings, unless there is a financial consideration.
Chairman Rice agreed it is necessary to stay on track with the POCD schedule in order to have no late submissions to any involved organizations.
b. Adoption of Proposed 2017 Meeting Schedule
Chairman Rice suggested indicating on the Agendas for POCD Update Meetings once a month that only the POCD will be discussed, and regular Commission business would be discussed at the second monthly meeting, which could also be noted on the website. The Commissioners noted that one of their primary functions is writing and revising the POCD. Mr. Rabbitt emphasized the need to schedule one meeting a month for updating the POCD over the next 8-9 months; and the Commission is required by law to send the 2017 Meeting Schedule to the Secretary of State’s office. Mr. Rabbitt noted that traditionally no one submits an application without speaking to the Planning office first and they would be informed of the Commission’s schedule. The Commissioners agreed an additional meeting could be scheduled following Columbus Day on 10/10/2016.
Commissioner Needham made a motion to submit the meeting schedule for year 2017 as discussed and handed out tonight to be sent to the Secretary of State.
Chairman Rice indicated for the record that there will be a note on the website that the first meeting of each month, which is on the second Tuesday, is forecasted to be dedicated to POCD revision workshops through September.
Commissioner Leavitt-Smith seconded the motion, and it was passed unanimously.
Mr. Rabbitt provided the Commissioners with a copy of a memo dated 09/12/2016 to Lisa Heavner updating her on projects in the queue; an update on the latest projects is issued every 2 weeks and can be found on Planning’s web page. Mr. Rabbitt confirmed that there has been some tree clearing at Hoskins.
The Commissioners noted there are 1150 housing units approved, or being constructed; Mr. Rabbitt indicated there are little to no vacancies for the units being constructed. Regarding whether there is a survey of existing housing in Simsbury for sale, for rent, or standing empty, Mr. Rabbitt responded the difficulty of such a study is that it would be for only one point in time. Commissioner Burt was concerned that abandoned houses would be left behind. Mr. Rabbitt explained that putting a new unit on the market does not determine whether someone stays in a home that they are leaving for financial reasons; various economic conditions influence the single housing market, including both older and younger generations having more transient jobs and with young people changing jobs more frequently for incremental benefit.
VI. ADJOURNMENT
Commissioner Leavitt-Smith made a motion to adjourn the meeting at 8:10 p.m.
Commissioner Kulakowski seconded the motion, and it was passed unanimously.