Zoning Commission Minutes 12/19/2016

Town of Simsbury Zoning Commission

Monday December 19, 2016 at 7:00pm

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, CT

Regular Meeting

Minutes Subject to Vote of Approval

1.            Call to Order:  The meeting was called to order at 7:03pm.

2.            Roll Call:  Members present were:  Gerald Post, Kevin Gray, Jacqueline Battos, Acting Chair Derek Peterson, and Alternate Michael Doyle.  Director of Planning and Community Development, James Rabbitt, was also present. 

•             Appointment of Alternates:  Alternate Michael Doyle was seated for absent member David Ryan.

3.            Approval of Minutes – December 5, 2016 Regular Meeting:  There were no corrections to the minutes.  The minutes were accepted by the Zoning Commission.

4.            Public Hearings:

•             Application #16-50 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, Section A. 1.a, for a six-month moratorium as an addition to the previously approved twelve month moratorium, which would have expired on January 9, 2017 and will now expire on July 10, 2017, on application for, or approvals of, permits for development under Article Ten, Section N, Workforce Housing Overlay Zone, effective December 30, 2016.  (Public Hearing to open 12/19/2016).  James Rabbitt addressed a letter from the Chair of the Planning Commission stating a 6-month moratorium is not inconsistent with the regulations.  Mr. Rabbitt also addressed a letter from CRCOG stating there is no apparent conflict. 

o             Eric Wellman, 21 Madison Lane – Mr. Wellman stated when he thinks about what the WHOZ is intended to do, he thinks about making Simsbury a more affordable place to live.  Mr. Wellman is supportive of that, and is also supportive of smart growth, but does not believe the WHOZ accomplishes either of those things.  Mr. Wellman felt the technical definition of affordability under WHOZ means that people could buy a house that is pushing $300,000, which is like saying a Tiffany pen is affordable.  Affordable for whom?  Affordable if you think of what the intent of WHOZ is?  Mr. Wellman felt the reality is it has been a disaster for a couple of neighborhoods.  Developers are coming in building dense housing that does not fit with the character of the neighborhood.  Mr. Wellman felt at the end of the day it does not make Simsbury any more affordable than it was before.  Mr. Wellman urged the Commission to plan for smart growth, but  keep Simsbury beautiful in the process. 

Kevin Gray asked if Staff will have the new regulations by July.  James Rabbitt replied they are working on that.  Derek Peterson moved to close the Public Hearing on Application #16-50.  Gerald Post seconded.  The vote passed unanimously.

5.            Old Business:

a.            Application #16-45 of Richard D. Wagner, Jr., Agent:  1285 Hopmeadow Street, LLC, Owner, for a Site Plan Amendment pursuant to Article Seven, Section E.2 of the Town of Simsbury Zoning Regulations for a change of use for the personal service business CrossFit Simsbury on the property located at 1285 Hopmeadow Street (Assessor’s Map 105, Block 403, Lot 017).  Zone B-2.  (Continued 11/21/2016 and 12/05/2016; decision must be rendered by 12/21/2016).  Mr. Rabbitt reported there has been no request from the Applicant for an extension as of 4pm that day.  Mr. Rabbitt recommended denying the application and having the Applicant go through the process the correct way.  The property has historically been used for retail sales.  The Applicant wants to convert it to a gym.  Based on regulations, the information submitted does not contain all the information required in a complete application.  Gerald Post moved to deny Application #16-45 of Richard D. Wagner, Jr., Agent: 1285 Hopmeadow Street, LLC, Owner, for a Site Plan Amendment pursuant to Article Seven, Section E.2 of the Town of Simsbury Zoning Regulations for a change of use for the personal service business CrossFit Simsbury on the property located at 1285 Hopmeadow Street (Assessor’s Map 105, Block 403, Lot 017) and deem it an incomplete application.  Kevin Gray seconded.  The vote passed unanimously. The application was denied.  

b.            Application #16-50 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, Section A.1a, for a six-month moratorium as an addition to the previously approved twelve month moratorium, which would have expired on January 9, 2017 and will now expire on July 10, 2017, on applications for, or approvals of, permits for development under Article Ten, Section N, Workforce Housing Overlay Zone, effective December 30, 2016.  (Decision must be rendered within 65 days of closing public hearing):  Kevin Gray moved to approve Application #16-50 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, Section A.1a, for a six-month moratorium as an addition to the previously approved twelve month moratorium, which would have expired on January 9, 2017 and will now expire on July 10, 2017, on applications for, or approvals of, permits for development under Article Ten, Section N, Workforce Housing Overlay Zone, effective December 30, 2016.  Jacqueline Battos seconded.  The vote passed unanimously. 

6.            New Business

•             Application #16-51 of Gerard G. Toner, Agent; Town of Simsbury, Owner, for a Site Plan Amendment for the construction of a pavilion on the property located at 100 Old Farms Road, Zone R-40:  Brian Kosha, a long-time resident of Simsbury, passed away in 2015.  Both he and his wife were active in the community and active users of the Simsbury Farm Complex.  Mr. Kosha’s wife, Chris Boswell, set up a fund in Brian’s name to be used for improvements to the complex.  There was also a fundraiser at the golf course.  The total donations are just over $15,000.  In August 2016 the Board of Selectmen voted to transfer the funds to the Friends of Simsbury Farms to administer any improvements that were done in the fund’s name.  The Board of Selectmen also approved the construction of a pavilion at Simsbury Farms. The project now needs a Site Plan Amendment for the construction of a pavilion from the Zoning Commission.  Derek Peterson asked if there would be a walkway to the pavilion and if there would be electricity at the pavilion.  There will be a walkway.  There is no plan for electricity.  The project would like to include a fire pit, if allowed.  James Rabbitt reminded the Commission that it is in the Commission’s discretion to send this to the Design Review Board, but the Zoning Commission does not have to send it to Design Review.  Kevin Gray moved to approve Application #16-51 of Gerard G. Toner, Agent; Town of Simsbury, Owner, for a Site Plan Amendment for the construction of a pavilion on the property located at 100 Old Farms Road, Zone R-40.  Gerald Post seconded.  The vote passed unanimously. 

7.            General Commission Business:

•             Discussion of New and Ongoing Projects

o             Zoning Regulations revisions:  General Discussion:  James Rabbitt reported that comments have been received on the Regulations revisions.  Before Staff gives the report to the Commission they want to review it internally to take care of any simple errors, so the Commission can be more focused in reviewing it.  Mr. Rabbitt is suggesting the next meeting should be at the end of January or beginning of February.  Derek Peterson felt the beginning of February would make the most sense.  Mr. Rabbitt will e-mail a copy of the revisions to the Commission prior to the next Zoning Commission meeting. 

8.            Adjournment:  Kevin Gray moved to adjourn the meeting at 7:35pm.  Derek Peterson seconded.  The meeting was adjourned.

Recorded By:

Kimberly Cyr – Clerk

Simsbury Zoning Commission