05/18/2020 Zoning Commission Minutes

SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETINGMINUTES - Subject to Vote of Approval
Monday, May 18, 2020 at 7:00 P.M.
Simsbury Town Hall - Main Meeting Room – Via Zoom
725 Hopmeadow Street, Simsbury, CT

PRESENT: Dave Ryan, Kevin Gray, Donna Beinstein, Bruce Elliott, Anne Erickson, Melissa Osborne, Diane Madigan, Michael Doyle, Shannon Knall

ABSENT: Melissa Osborne

ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development

I. CALL TO ORDER Chairman Ryan called the meeting to order at 7:00
P.M.

II. ROLL CALL
1. Appointment of Alternates-Not necessary

III. APPROVAL OF MAY 4, 2020 MINUTES
1. Kevin Gray made a motion to approve the May 4, 2020 minutes as amended; Michael Doyle seconded the motion. Motion unanimously passed. 6-0-0

IV. PUBLIC HEARINGS
1. Application #20-06 of Michael Glidden CFM CZEO Director of Planning for Comprehensive re-write and re-organization of Zoning Regulations with new sections pertaining to home occupation §3.5, site plan approval §11, special permit criteria §12 and Agri-tourism §8.5
Chairman Ryan opened the public hearing on this application. He discussed the correspondence received by Planning Commission indicating a negative referral. A particular point of dissent was based upon the wording that pertains to the 750 foot setback for the workforce housing zone from Hopmeadow Street. He indicated that Planning Commission expressed interest in assisting the Zoning Commission in re-writing or in clarifying this. Chairman Ryan asked the Commission for comment.

Mr. Elliott indicated that he thought the wording was clear. The workforce housing zone is enclosed within the 750 foot limit.

Ms. Beinstein expressed that she was bothered by the implication that the workforce housing zone may not be a good representation of Simsbury and she felt that the Planning Commission did not want it.

Chairman Ryan indicated the POCD has conflicting goals, it requires different types of housing while also maintaining a desire to keep the character of the neighborhood.

Discussion ensued about the intent of the 750 distance and clarification was requested.

Mr. Glidden clarified that the 750 distance is back from Hopmeadow Street. Mr. Ryan and Mr. Elliott agree that wording requires a bit more clarification.

Mr. Elliott inquired if a joint workshop should be scheduled with the Planning Commission. Chairman Ryan was not in favor of this idea as he did not find it appropriate for the Planning Commission to be involved in regulatory work. Ms. Beinstein agreed.

Upon being asked for any other comments Ms. Madigan and Ms. Knall deferred to the Commission members who have been active throughout this rewrite.

Mr. Grey inquired if the Planning Commission’s concern was focused on either the east or west side of Hopmeadow Street. Chairman Ryan clarified that the concern seems to be that the workforce housing zone would be placed within and established residential neighborhood.

Further discussion ensued as to intent behind the 750 foot determination. Mr. Elliot indicated that he remembered the original conversation and that they factored in utilities and the remaining industrial zone. Chairman Ryan also stated that 1000 feet was a starting point however the Commission ultimately decided on 750 feet as to not create a non conforming new development instantly. Ms. Beinstein voiced agreement that the Commission originally discussed 1000 feet and that they should now clarify the language to reflect the intentions.

Mr. Elliott inquired if there are any regulations that would prevent a joint meeting of the Planning Commission and the Zoning Commission.

Mr. Glidden clarified that a joint work shop is allowed however you cannot have hold a joint public hearing. Members of any Commission can attend the public hearings as private citizens but not as members or representatives of the Commission. Mr. Glidden indicated that the Zoning Commission could request the Planning Commission expand upon the comments while the public hearing is still open. Mr. Grey was in favor of this suggestion.

Chairman Ryan expressed that he did not think it is appropriate and feels that the POCD is a advisory document while the regulations pertain to daily lives.

There were no public comments on this application as of today.

Mr. Grey moved to adjourn the public hearing to the next regular meeting of the Zoning Commission scheduled for June 1, 2020. Ms. Beinstein seconded. Motion passes unanimously. 6-0-0

V. Correspondence
1. Executive Order 7MM Mr. Glidden first commended the Commission on the proactive stance they took with respect to this. He further presented a summary of the intent behind the executive order and how it empowers staff to approve temporary outdoor dining and retail starting on May 20, 2020 to last throughout this public health crisis. Mr. Glidden gave an overview of the permitting process and explained that the fees will waived. The approved locations have been emailed to the Commission and this will be an ongoing development, as he expects to receive more throughout the week.

Ms Madigan inquired as to how this information is being relayed to business owners. Mr. Glidden commended Sarah Neilson and the Main Street Partnership for getting the message out.

Chairman Ryan expressed concern that Main Street Partnership focuses in one area only and was concerned that other areas would not be notified. Mr. Doyle expressed that this is the livelihood of the businesses and he believes that they would be aware of the new Executive Orders. Ms. Erickson agrees.

Mr. Glidden indicated that the Planning staff would post information on our webpage in an effort to expand awareness of this new development. He further informed the Commission that should a business disagree with an denial of this permit, the decision would be appealed to the Zoning Commission.

Chairman Ryan indicated that should this happen, a special meeting may be in order. The Commission agreed.

Mr. Elliot inquired who reviews the applications. Mr. Glidden clarified that the Building Department, Health District and Fire Marshall all review these applications.

Chairman Ryan likened this to Public Gathering Permits.

VIII. ADJOURNMENT
With no further comments Mr. Grey made a Motion at 7:37pm to adjourn the meeting. Mr. Elliott seconded. Passed unanimously 6-0-0

Submitted by:

Laura Barkowski
Acting Commission Clerk