Zoning Commission Minutes 12/07/2015

ZONING COMMISSION – REGULAR MEETING – 7:00 PM

MINUTES – SUBJECT TO VOTE OF APPROVAL
DECEMBER 7, 2015

I.  CALL TO ORDER
 

Commissioner Dave Ryan called the Regular Meeting for the Zoning Commission to order at 7:00 P.M. on Monday, December 7, 2015 in the Main Meeting Room of the Simsbury Town Offices located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Bruce Elliot, Mike Doyle, Donna Beinstein, Kevin Gray, Gerald Post and Jackie Battos, Others in attendance included Jamie Rabbitt, Planning Director, Mike Glidden, Assistant Town Planner, Robert DeCrescenzo, Town Attorney and other interested parties.

Commissioner Gray moved to approve Commissioner Ryan as Temporary Chairman.  The motion was seconded by Commissioner Beinstein and was unanimously approved.

II. APPOINTMENT OF ALTERNATES

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

III. ELECTION OF OFFICERS

The Commission discussed whether to vote for a new Chairman this evening or table the election since the Zoning Commission’s current Chairman, Robert Pomeroy, was absent.

Commissioner Battos moved to table the Election of Officers until January 2016.  Commissioner Post seconded the motion and was unanimously approved.

IV. APPROVAL OF MINUTES of the November 16, 2015 Regular Meeting

Page 1, Line 25: Replace the word “on” with “to”.

The minutes were unanimously consented as submitted with change.

V. INFORMAL DISCUSSION

Informal discussion with Frank J. Lucca regarding a potential boutique distillery on the property located at 1616 Hopmeadow Street (Assessor’s Map H02, Block 402, Lot 007). Zone B1.

Mr. Frank Lucca of 65 Copper Hill Road in Granby said that he wants to open an American whiskey boutique distillery.  Mr. Lucca selected the property because it has a small commercial kitchen and hood exhaust system, which is required when cooking with gas. Mr. Lucca is requesting a signature from the town approving of his plan so that he can apply for permits with the ATF, TTB and the State of Connecticut.  He added the permit process could take almost two years. On another note, the owner of the property is waiting for Mr. Lucca’s decision to rent the property, which is dependent on the Commission’s decision.

Mr. Rabbitt stated to the Commission that opening a boutique distillery on that property would require a modification of the Zoning Regulations.  He added that according to State regulations, the applicant isn’t permitted to manufacture and sell alcohol in the same building.

The Commissioners were in favor of Mr. Lucca’s plan and some commented that a boutique distillery is a good fit for the property.

Commissioner Ryan suggested that Mr. Lucca have his attorney work with town staff and the town attorney to draft a text amendment in order to move forward with the application process.

VI. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:

1. 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 said that town staff is working with the applicant on procedural issues regarding the changes to the existing ground sign on the property.  He added that town staff suggested modifying the application, rather than withdrawing and reapplying.  He assured the commission that town staff will discuss the scale, scope, color, architecture, lighting and aesthetics of the sign with the applicant. Mr. Rabbitt recommended that discussion of the application be tabled.

Commissioner Doyle moved to table Application #15-37 of Steven Walker, GPR-Drake Hill LLC, Owner, until January 2016.   The motion was seconded by Commissioner Post and was unanimously approved.

VII. GENERAL COMMISSION BUSINESS

Executive Session:

Pending Litigation – Pursuant to Section 1-200 (6) B of General State Statutes with respect to discussion of litigation case: James Whittemore vs. Zoning Commission Town of Simsbury.

Discussion of attorney client communications re: Whittemore vs. Zoning Commission.

The Commission requested for Robert DeCrescenzo, Michael Glidden and Jamie Rabbitt to remain in the room during the Executive Session.

Commissioner Gray made a motion for the Commission to go into Executive Session. Commissioner Doyle seconded the motion and was unanimously approved.  

Commissioner Gray moved for the Commission to come out of Executive Session.  Commissioner Beinstein seconded the motion and was unanimously approved.

Zoning Regulations Update:

General Discussion

WHOZ

Mr. Rabbitt stated that the Zoning Regulations are not concise and he would like to discuss its format and direction during the meeting on January 4th, 2016.  He requested that the Commission compile a list of topics that have caused problems or to include in the regulations.  Mr. Rabbitt added that the regulations need a tighter structure with more user-friendly language for the benefit of the applicants and Commission.  

Some problematic topics discussed among the Commission members with town staff and the town attorney included Workforce Housing Overlay Zone (WHOZ), signage and PAD applications with dual residential and business zones.  The Commission and town staff also discussed the process of a Moratorium with WHOZ.

Mr. Rabbitt suggested that the Commission consider a Moratorium for WHOZ in order for town staff and Commission members to have a thorough look at the regulations.  The Commission agreed and also requested to have town staff draft a PAD Moratorium by December 21, 2015.

Commissioner Post moved to amend the Agenda to consider scheduling a public hearing for a Moratorium on Work Force Housing Overlay Zone.  The motion was seconded by Commissioner Battos and was unanimously approved.

Commissioner Gray made a motion to direct staff to prepare an application for the Zoning Commission’s signature to apply for a Text Amendment for a 12- month Moratorium on Work Force Housing Overlay Zone and tentatively schedule a public hearing for January 4, 2016. The motion was seconded by Commissioner Post and was unanimously approved.  

Discussion of New and Ongoing Projects

Mr. Rabbitt stated that town staff had discussions with two potential applicants regarding PAD. He added that these applications could be affected by any Moratorium.  Mr. Rabbitt also stated there are updates pertaining to Big Y that he cannot report at this time.

Commission Education /Workshop

Mr. Rabbitt suggested that newly elected members attend educational workshops. Some topics will include procedures of the law and check list forms for applications. He also commented that town staff will continue to prepare draft motions for the Commission.  The Commission was appreciative of the help offered by Mr. Rabbitt.

IX. ADJOURNMENT

Commissioner Gray made a motion to adjourn the meeting at 9:10 P.M.  The motion was seconded by Commissioner Post and was unanimously approved.

Respectfully Submitted,

Irene Muench, Commissions Clerk