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10/04/2021 Zoning Commission Minutes

Meeting date: 
Monday, October 4, 2021

 

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, October 04, 2021 at 7:00PM

Meeting Held Via Zoom

 

PRESENT:     Regular Members: Dave Ryan, Michael Doyle Bruce Elliott, Kevin Gray, and

Anne Erickson

            Alternate:  Diane Madigan

 

ABSENT:

Alternate:  Melissa Osborne

 

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

                                Laura Barkowski, Code Compliance Officer

 

 

I. CALL TO ORDER

 

 

  1. APPOINTMENT OF ALTERNATES

Appointed D.Madigan to sit for Beinstein

 

 II. APPROVAL OF MINUTES of the September 20, 2021 regular meeting minutes

 

 Motion: B.Elliott made a motion to table action on the minutes, K.Gray seconded the motion. The motion passed (6-0)

 

III. PUBLIC HEARING 

 

  1. Applications 

 

  1. none

IV. OLD BUSINESS 

 

  1. Applications 
    1. none

  V. NEW BUSINESS 

1. Applications

  1. Application #21-21 -  of the Simsbury Zoning Commission, Applicant; Michael Glidden CFM CZEO, Agent; application for a text amendment to the Zoning Regulations with the addition of Section 2.6 to the regulations for the purposes of a temporary and limited moratorium on cannabis establishments in Simsbury for a period of one year (Public Hearing Scheduled for 10/18/2021 – No Action requested)

M.Glidden informed the commission that no action was requested, the public hearing is scheduled for their next meeting. He pointed out that the moratorium language has been uploaded to the commission’s packet.

 

VI. GENERAL COMMISSION BUSINESS 

  1. LEGISLATIVE UPDATE
    1. Zoning Re-Org Bill Discussion and possible action

Chairman Ryan started the conversation by noting that Laura provided the commission with a comparison of the new statute verses the current regulation. L.Barkowski shared the document with the commission and discussed some of the highlights.

 

B.Elliott noted the difference between the current regulations as it relates to the detached and unattached. He suggested that the chart be edited to reflect the requirement of public hearing.

 

Chairman Ryan noted that the statute will treat accessory dwelling units as-of-right which means applicants will not have to seek approval from the commission. B.Elliott commented this is a change to now say no approvals will be required from the commission for the construction of an accessory dwelling unit.

 

K.Gray inquired about the residency requirement. L.Barkowski suggested that this is an area that the commission may wish to seek an opinion from the town attorney on whether they have the authority.

 

Chairman Ryan noted that if the commission wishes to opt out the new statute, a public hearing will need to be scheduled triggering a 2/3 vote of the commission to opt out. After the vote, the recommendation will be forwarded to the Board of Selectmen and they need to also vote to opt out. M.Glidden agreed with Chairman Ryan’s explanation.

 

D.Bienstien asked about the opt out and if the commission choses to opt out then can they regulate based on current regulations. M.Glidden explained that if the community choses to opt out then we have the authority to use our existing regulations if the community does not vote to opt out then any sections of the regulations that pertain to accessory dwelling units which do not comply with the new law will be considered null and void.

 

Chairman Ryan asked the members on their feelings on whether to proceed with scheduling a hearing to opt out of PA 21-29.

 

K.Gray agreed to proceed with scheduling a public hearing to opt out.

 

M.Doyle agreed to proceed

 

A.Erickson agreed to proceed with a public hearing.

 

B.Elliott agreed to proceed with a hearing but wanted to clarify that this is not a vote to opt out tonight or take a stance on opting out. Chairman Ryan clarified that the vote will be schedule a public hearing and after the public hearing the commission will determine whether to vote on opting out. B.Elliott agreed to proceed with that understanding.

 

Donna agreed to proceed.

 

MOTION: K.Gray made a motion to schedule a public hearing for 11/15/2021 at 7pm to opt out of Public Act 21-29 concerning accessory dwelling units, M.Doyle seconded the motion. The motion passed (6-0).

  1. Recreational Cannabis

 

  1. Correspondence
  2. Regulation Update

 

 

 

Chairman Ryan asked that sign regulations be added to the next agenda. He suggested that the commission finalize the conversation regarding internally lit signs based on proposed regulations.

 

K.Gray asked that the commission considered a village district for Tariffville. He noted the studies that were performed for Weatogue and other areas. He felt the POCD calls for such a study and the area deserves the attention. D.Madigan noted it would benefit the area.

 

 

                             

V.  ADJOURNMENT 

 

MOTION: M.Doyle made a motion to adjourn, A.Erickson seconded the motion. The motion passed (6-0), the meeting was adjourned at 7:46pm.

 

 

 

Submitted by

 

 

 

Michael Glidden CFM CZEO

Acting Clerk