04/13/2020 Zoning Commission SPECIAL MEETING Minutes
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
SPECIAL MEETING/WORKSHOP MINUTES - Subject to Vote of Approval
Monday, April 13, 2020 at 7 P.M.
Simsbury Town Hall - Main Meeting Room (Meeting conducted via Zoom)
725 Hopmeadow Street, Simsbury, CT
PRESENT: Dave Ryan, Kevin Gray, Donna Beinstein, Bruce Elliott, Anne Erickson, Diane Madigan; Shannon Knall
ABSENT: Melissa Osborne, Michael Doyle
ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development, Laura Barkowski, Land Use Specialist
I. CALL TO ORDER Chairman Ryan called the meeting to order at 7:00
P.M.
II. ROLL CALL
1. Appointment of Alternates- Diane Madigan was appointed as alternate.
III. APPROVAL OF MINUTES
Mr. Gray made a motion to approve the March 13, 2020 meeting minutes with the following edit:
Line 82: should read “Mr. Grey being opposed to the advertising signage.”
Mr. Elliot seconded the motion and motion passed unanimously, 6-0.
IV. SET A PUBLIC HEARING DATE FOR THE REVISED ZONING REGULATIONS
Prior to setting up a public hearing date Mr. Elliot brought up a concern about home based service business and whether size limitations should be placed on this secondary use.
Discussion ensued whether a “percentage” or “percentage not to exceed” should be added to the definition defining what incidental or secondary means. It was also noted that accessory dwelling units have limitations on sizes and that perhaps it can be used as a model for placing limitations. Mr. Ryan expressed his concern that by placing a limit on the size it may lead to an increase in non-conforming uses. For example it was inquired as to how to regulate the size for using a barn for storage for a business in Tariffville. It was inquired if Mr. Glidden got a recommendation from the Town Attorney as to what language is suggested. Mr. Glidden commented that he did speak with the Town Attorney and he was fine with either a size limitation or not as long as the business use was clearly stated as the incidental or not primary use for the residence. Discussion ensued concerning transition time for this to take effect and the possibility of grandfathering in current non-conforming uses. Mr. Ryan voiced dissent on including grandfathering language within the regulations. Mr. Glidden advised the Commission pre-existing non-conforming uses are regulated by case law. Ms. Madigan inquired as to enforcement of this regulation. Discussion also ensured as to how this limitation would be regulated by staff. Mr. Glidden indicated this was not a concern but a housekeeping matter for staff. He offered the suggestion that this may be able to be handled administratively similar to the liquor permit renewals. Mr. Glidden informed the Commission as to how staff is notified of violations and how we receive complaints. Mr. Ryan inquired as to the consensus of the Commission in adding a percentage limit to language. It was agreed upon to model it after the accessory dwelling unit and change the language to only the home based service business definition. Mr. Glidden indicated that staff will make the changes.
Mr. Ryan inquired if we will be able to keep to the schedule while also setting the public hearing date. Mr. Glidden suggested that the public hearing be scheduled for May 18th Regular Meeting. This will allow time for the review for the Planning Commission and also send out the mandatory referral notices.
It was inquired if the current state of running meetings will be a problem for setting the public hearing for the May 18th. Mr. Glidden indicated that this is the current standard for running meetings and the upcoming Board of Finance meeting will give the Commission a good idea how people are adjusting to this. As of now, public comment is accepted via correspondence to the Town Clerks office and is read into the record by the Commissioners. Mr. Grey made a motionto set the public hearing date of May 18th for revised zoning regulations in Town Hall Main Meeting room. Motion seconded by Ms. Madigan, motion passed 6-0.
Mr. Grey made a motion to refer to the Planning Commission the revised zoning regulations to assure compliance with the Plan of Conservation and Development. Ms. Erickson seconded the motion. Motion passed 6-0.
V. ADJOURNMENT
At 7:31 P.M., Mr. Grey made a motion to adjourn the regular meeting. Motion
was seconded by Mr. Elliot and the motion passed unanimously, 6-0.
Submitted by:
Laura Barkowski
Acting Commission Clerk