Zoning Commission Minutes 01/04/2016

ZONING COMMISSION – REGULAR MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
JANUARY 4, 2016

I.  CALL TO ORDER
 

Commissioner Derek Peterson called the Regular Meeting for the Zoning Commission to order at 7:00 p.m. on Monday, January 4, 2016 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Bruce Elliot, Donna Beinstein, Kevin Gray, Dave Ryan, Jackie Battos and Mike Doyle. Others in attendance included Jamie Rabbitt, Director of Planning and Community Development and other interested parties.

II. ROLL CALL

Appointment of Alternates

Commissioner Peterson appointed Commissioner Doyle for Commissioner Post and Commissioner Battos for Commissioner Pomeroy.

III. ELECTION OF OFFICERS

Commissioner Peterson recommended Commissioner Ryan as Chairman of the Zoning Commission.

Commissioner Gray moved to nominate Commissioner Ryan as Chairman of the Zoning Commission.  The motion was seconded by Commissioner Doyle and was unanimously approved.

Commissioner Gray recommended Commissioner Peterson as Secretary of the Zoning Commission. 

Commissioner Gray moved to nominate Commissioner Peterson as Secretary for the Zoning Commission.  The motion was seconded by Commissioner Battos and was unanimously approved.

III. APPLICATIONS

Public Hearings:

Application #15-41 of Richard E. Schoenhardt, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 7 Pasture Lane (Map B09, Block 419, Lot 003). Zone R-40. (received 12/21/2015; public hearing must open by 2/24/2016).

Mr. T. J. Donohue, legal counsel for the applicant, provided town staff with photos of the applicant’s house and surrounding houses (Exhibit 18) and a letter stating Right to Represent Land Owner (Exhibit 14).

Mr. Donohue read from the Mr. Michael Glidden’s staff report dated December 28, 2015.

Mr. Richard Schoenhardt stated that he built the house 50 years ago and it’s too large for him and his wife and would like to make the house more functional for fewer people.

Mr. Donohue said the house would not change in square footage and it will look the same from the outside. Mr. Donohue also said future characteristic of the neighborhood won’t change and there won’t be a negative impact on traffic.  He added that the changes would increase the value of the home due to the enhancement of the property.  Mr. Donohue said that the accessory dwelling unit meets the requirements of the POCD regulations.

Commissioner Peterson made a few comments regarding Mr. Schoenhardt past applications for an accessory dwelling and Mr. Donohue responded to Commissioner Peterson’s comments.

Comments from the public…

Ms. Paula “Polly” Rice of 6 Pasture Lane said that this is her third time expressing her dissatisfaction for the accessory dwelling. She is concerned about the negative impact on the character of the neighborhood and the value of her home. Ms. Rice said she is comfortable with how the Schoenhardt’s would keep the rental property but is concerned about future homeowners. Ms. Rice said that at the last public hearing she provided documentation from Mary Beth Tolan, a real estate agent in Simsbury, indicating that an accessory dwelling on the street will devalue her property by 10-15%.  She would like the neighborhood to remain single-family homes. Ms. Rice submitted her speech to town staff (Exhibit 15).

Ms. Kim Pignone of 57 Westledge Road stated her strong disapproval of an accessory dwelling on a street with single-family homes. She is also concerned about the decrease in value of her home.  There are only 10 homes on the street and this application has caused animosity among the homeowners.  She added that if the application is approved, then it may create a domino effect with other home owners applying for an accessory dwelling.

Mr. Ken Pignone of 57 Westledge Road distributed a copy of his complaint filed with the Town Clerk and Zoning Office (Exhibit 16) and Affidavit of Service (Exhibit 13) to Mr. Schoenhardt, the Commission members and Mr. Jamie Rabbitt.  Mr. Pignone read the complaint letter out loud. He asked the Commission to stand by their previous decision.  Mr. Pignone added that if the application is approved, he intends to exercise his legal rights to a civil action.

Mr. Donahue said that the Commission’s prior votes have no precedent value to this application.  On Nov. 24, 2015 the Superior court judge threw out the action of this Commission.  

Mr. Ken Pignone of 57 Westledge Road said it is his understanding that once he submitted his complaint, which includes comments from Mr. Schoenhardt’s previous applications, then it is available to the Commission and courts and can be applied to the current application.

Commissioner Peterson moved to close the public hearing for Application #15-41 of Richard E. Schoenhardt, Owner, for a Special Exception.The motion was seconded by Commissioner Gray and was unanimously approved.
 

Application #15-42 of the Town of Simsbury Zoning Commission for a Proposed Text Amendment to the Town of Simsbury Zoning Regulations to be enacted as Article Three A.1.a for a 12 –month moratorium on applications for, or approvals of,permits for development under Article Ten, Section N. Workforce Housing Overlay Zone, effective January 10, 2016 through January 9, 2017.

Mr. Rabbitt read into the record a letter from the Planning Commission (Exhibit 17) regarding the required statutory referral dated Dec, 31, 2015.  The Planning Commission determined by unanimous vote that the proposed 12-month moratorium for Workforce Housing Overlay Zone is not inconsistent with the Town’s Plan of Conservation and Development.

Comments from the public…

Mr. John Lucker of 88 Blue Ridge Drive read from his letter submitted to town staff. He listed the flaws of the WHOZ regulations and his suggestions for improvement. Mr. Lucker added that he strongly encourages the moratorium for the WHOZ and recommends more openness, collaboration and transparency among the Commission and public.

Mr. Glenn Anderson of 19 Hoskins Road said he agrees with everything Mr. Lucker said.  Mr. Anderson asked the Commission if the approval of the Hoskins Road project would be included in the moratorium. Commissioner Ryan said that the vote on Hoskins Road stands and a retroactive moratorium is not possible.

Mr. Joe Lynch 13 Maureen Drive asked if the Commission if they can refuse to handle overlay topics.  Commissioner Ryan explained to Mr. Lynch the purpose of this public hearing.

Mr. James Barrett of 166 Stratton Brook commented his disapproval on the WHOZ developments. 

Mr. Todd Fernow of 16 Climax Road said he approves of John Lucker’s comments.  He thinks that a moratorium is appropriate to avoid residents from being exploited like the application for the Climax Drive development.

b.  Commissioner Peterson moved to close the public hearing for Application #15-42 of The Town of Simsbury Zoning Commission for a Proposed Text Amendment.  The motion was seconded by Commissioner Gray and was unanimously approved.

Discussion and possible Action:
 

CONTINUED FROM 12/07/2015, 12/21/2015:  Application #15-37 of Steven Walker, GPF-Drake Hill LLC, Owner, for a Site Plan Amendment on the property located at 710 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001+2). Zone SC-1 (received 9/21/2015; decision must be rendered by 11/25/2015; 65- day extension requested to 01/29/2016).

Mr. Rabbitt stated that he received a letter from the applicant withdrawing Application #15-37.

Application #15-41 of Richard E. Schoenhardt, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 7 Pasture Lane (Map B09, Block 419, Lot 003). Zone R-40. (received 12/21/2015; public hearing must open by 2/24/2016).

The Commission discussed at length their concerns of an accessory dwelling. Commissioner Doyle and Battos agree that an accessory dwelling will negatively impact the neighborhood.  Commissioner Battos added that an accessory dwelling on Hopmeadow Street is completely different than a residential neighborhood with 10 houses.  Commissioner Peterson stated that he is most concerned about future residents and tenants of the home since the apartment stays with the property.  The Commission suggested to table the application in order for town staff to consult town council on possible options. 

b.  Commissioner Peterson moved to table Application #15-41 of Richard E. Schoenhardt, Owner, for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 7 Pasture Lane (Map B09, Block 419, Lot 003). Zone R-40. (received 12/21/2015; public hearing must open by 2/24/2016). The Commission would like Town Staff to consult Town Counsel. The motion was seconded by Commissioner Doyle and unanimously approved.

Application #15-42 of the Town of Simsbury Zoning Commission for a Proposed Text Amendment to the Town of Simsbury Zoning Regulations to be enacted as Article Three A.1.a for a 12 –month moratorium on applications for, or approvals of,permits for development under Article Ten, Section N. Workforce Housing Overlay Zone, effective January 10, 2016 through January 9, 2017.

Mr. Rabbitt answered Commissioner Peterson’s question regarding extending the moratorium for the Workforce Housing Overlay Zone. He suggested keeping the moratorium at 12 months.  If the Commission is struggling to meet the deadline half way through the year, then they can discuss extending the moratorium. 

c. Commission Gray moved to approve Application #15-42 of the Town of Simsbury Zoning Commission for a Proposed Text Amendment to the Town of Simsbury Zoning Regulations to be enacted as Article Three A.1.a for a 12 –month moratorium on applications for, or approvals of,  permits for development under Article Ten, Section N. Workforce Housing Overlay Zone, effective January 10, 2016 through January 9, 2017.  The motion was seconded by Commissioner Battos and was unanimously approved.

V. GENERAL COMMISSIN BUSINESS

1. Discussion of New and Ongoing Projects

a. Zoning Regulations revisions: Glenn Chalder, AICP, Planimetrics

Mr. Chalder said that he is a Planning and Zoning Consultant to help the Commission with their strategic plans and with writing the regulations. Mr. Chalder was working in the background with Mr. Hiram Peck and asked Mr. Rabbitt to meet with the Commission. His goals are to develop a Scope of Work and Conceptual Schedule that parallels the 12-month moratorium period.  He recommends working with the Commission once a month.

VI. APPROVAL OF MINUTES of the November 30, 2015 Special Meeting and December 21, 2015 Regular Meeting.

Commissioner Gray moved to approve the Minutes for November 30, 2015 Special Meeting with the following changes:

Page 4, Line 183:  Add Commissioner Marecki’s name to those that voted in favor of the Site Plan.

The motion was seconded by Commissioner Doyle and was unanimously approved.

Commissioner Gray moved to approve the Minutes for December 21, 2015 Regular Meeting. The motion was seconded by Commissioner Battos and was unanimously approved.

VI. ADJOURNMENT

Commissioner Gray made a motion to adjourn the meeting at 7:38 p.m.  The motion was seconded by Commissioner Battos and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk