12/07/2020 Zoning Commission Minutes

Subject to Approval

ZONING COMMISSION-MEETING MINUTES
MONDAY, December 7th, 2020
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243

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

1. Appointment of Alternatives: Melissa Osborne was appointed.

Present: David Ryan, Bruce Elliott, Anne Erickson, Donna Beinstein, Diane Madigan, Kevin Gray, Melissa Osborne and Shannon Leary Knall

Absent: Michael Doyle

II. APPROVAL OF MINUTES of the MONDAY, November 16, 2020 regular meeting

Line item 114 - Addition of the word “be” as the third word. It should read “This should be addressed”

Motion made by Mr. Gray to adopt the minutes of the November 16, 2020 meeting as corrected, Seconded by Ms. Erickson. Motion passed 5-0-1 Ms. Osborne abstained.

III. REGULATIONS UPDATE WORKSHOP

Mr. DeCrescenzo, Attorney for the Town, presented an update on recent case law and how it modifies what can be regulated with respect to signage. In particular the facts of Reid vs. Gilbert were discussed and how it changed temporary sign permitting. The legal reasoning behind this challenge stems from content based regulation. It was ruled that content based regulations for signage is not allowed; however signage can still be regulated based from time, manner and place. It was clarified that the current Simsbury sign regulations are still active and yet it is recommended that these regulations be reviewed and conformed to align with this case law. It was explained that signage can be regulated as to the following:
size, location, illumination, placement in public or private property, commercial or private, on and off premise signs, limit the number of signs, distance between signs, time restrictions, and distinguish government from non government signs. To summarize the regulations have to content neutral.

It was discussed how many attempts have been made to craft a model sign regulation. Mr. DeCrescenzo recommends that the updated regulation should pass muster under Reid case. Mr. DeCresenzo discussed the draft that Mr. Glidden provided to him and indicated that he has suggested modifications to this document and the updated draft regulations could be presented at an upcoming meeting.

Ms. Osborne inquired as to how this affects religious and political speech signs and if the current protection to such sign is now rendered invalid. It was clarified that if you were to have a content based regulation it may fail for political speech but pass for commercial speech.

Mr. DeCresenzo discussed the practicality of regulations as to what is enforceable and how.

Mr. Elliott discussed draft regulations provided by Mr. Glidden and the varying length of the documents and inquired how long the regulations likely will be. Mr. DeCresenzo indicated it is likely to longer than the three page document provided.

Mr. DeCresenzo then went over the elements that should be included in the regulations to pass a constitutional review including the purpose, definition of signs, define a government sign (including speed limits etc.), define sign on public property versus private property, the Board of Selectmen to have a policy on what signage is allowed on public property, rules for different type of signs such as temporary sign and permanent signage, prohibited signs, permitted signs by district and zone, and permitted without permit, clarity between flag and sign, pre existing signage, billboards, illumination and severability clause.

Mr. Gray inquired if regulations could include materials, illumination, setbacks and zoning district. It was clarified as long as it is content neutral it can be regulated. Mr. DeCresenzo indicated you may want to have the lowest level of regulations for political signage.

Mr. Hazel discussed enforcement and how keeping things consistent lineal matter is helpful for staff. Mr. DeCresenzo agreed to avoid it appearing as selective enforcement.

Mr. DeCresenzo emphasized the Importance of well written and straight forward sign regulations.

Mr. Ryan inquired as to regulations for internally illuminated sign. Mr. DeCresenzo discussed limiting the lumens, colors and possibility for special permit for certain sign types.

The Commission thanked Mr. DeCresenzo and it was clarified that Mr. Glidden and Mr. DeCresenzo will expand on the current draft provided to the Commission.

Ms. Osborne inquired if they would be having a workshop on these regulations. Mr. Ryan indicated in the affirmative.

IV. ADJOURNMENT Mr. Elliott made a motion to adjourn the meeting. Ms. Osborne seconded the motion.

MOTION: All in favor, no opposed, no abstentions. (6-0-0)

The meeting adjourned at 7:54pm.

Respectfully Submitted,

Laura Barkowski
Acting Clerk