Planning Commission Minutes 01/09/2018

PLANNING COMMISSION – REGULAR MEETING

TUESDAY, January 9, 2018

SIMSBURY TOWN OFFICES – MAIN MEETING ROOM – 7:00 p.m.

933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT

I.             CALL TO ORDER  - Meeting was called to order at 7:00pm.

1.            Pledge of Allegiance

II.            ROLL CALL

Present:               Regular Members, William Rice, Alan Needham, Craig MacCormac, David Blume, Erin Leavitt-Smith         

Absent:                Regular Member: Holly Beum - Alternate Members: Elizabeth Burt, Richard Cortes and Gary Lungarini 

Staff Present:  Jamie Rabbitt, Director of Planning and Community Development

                                Michael Glidden, Assistant Town Planner

1.            Appointment of Alternates

Elizabeth Burt was appointed to serve for Holly Beum

III.           APPROVAL OF MINUTES of the November 28, 2017 regular meeting

Robert Kulakowski made a motion to approve 10/24/2017 meeting minutes, seconded by Holly Beum.  Commission voted 4-0-2 in favor of the motion (with Commissioner Burt and MacCormac abstaining).

IV.          OLD BUSINESS

1.            Public Hearings

a.            None

2.            Applications

a.            None

3.            POCD – Plan of Conservation and Development

Copies of the approved 2017 Plan of Conservation and Development were distributed to members of the Planning Commission.

V.            NEW BUSINESS

1.            Receipt of New Applications

a.            None

2.            Referrals

a.            CGS 8-3(a) Referral to the Zoning Commission for Zoning Commission Application #17-56 of Marshall Epstein, Rosedale Farms, and T.J. Donohue, Esq., Applicants, for a Text Amendment to the Definitions of the Town of Simsbury Zoning Regulations regarding accessory activities in support of agricultural operations include the baking of specialty breads and pies. (Continued 11/28/2017)

Attorney TJ Donahue addressed the Commission on behalf of Rosedale Farms. Attorney Donahue explained to the commission the nature of the text amendment and how he felt that the proposed changes were consistent with the current plan of conservation and development.

Chairman Rice was voiced his concern that the proposed changes did not reflect direct connection to the agriculture operations. He questioned why the language did not directly tie to the preparation of pies and specialty breads to fruit which is physically grown at the site.

Commissioner Needham also voiced concern with direct connection between production of pies and the growing of fruit/product at the site for said pies.

Attorney Donahue explained that the text amendment would provide a safe harbor for the operator to pursue the accessory activities under the umbrella of agriculture.

Commissioner Burt felt the amendment was specifically tailored to Rosedale. She preferred that the terms be more general with the ability to be utilized throughout the town of Simsbury.

Commissioner Blume questioned whether the Simsbury Land Trust was in agreement with the proposed changes for Rosedale? Attorney Donahue stated that the Simsbury Land Trust is in agreement with the proposed changes for the site.

Chairman Rice was concerned that proposed activities (bakery) will not preserve the farm.

Commissioner MacCormac felt that additional economic development will benefit and aid the preservation of the farm.

Commissioner Needham inquired how the current regulations define a farm. He read the current regulations require a site to be at least 5 acres in size. The size of the parcel, he stated, does not have any relation or connection to the amount of area which is in physical production. Commissioner Needham talked about how the unintended consequences could occur from the application of the regulations globally in the town of Simsbury.

Attorney Donahue felt that the common sense is dying. The proposed regulations would only apply to a farm.

Commissioner Smith was concerned of unintended consequences from the change in the regulations.

Attorney Donahue stated that the plan of conservation and development supports farms which are the intent of this regulation.

Commissioner Needham stated this is a bakery not a farm.

Commissioner Burt inquired on why the size limitations of 25 acres and 400 square feet were chosen?

Attorney Donahue stated that Rosedale had a desire to limit the application of this regulation so that it did not adversely affect the town as a whole.

Commissioner Burt was concerned that the proposed change was site specific.

Commissioner Needham explained that the change would permit the bakery as of right which could be problematic.

Chairman Rice asked the members whether they had any further comments on this referral.

Motion: Commissioner Burt made a motion, seconded by Commissioner Blume; that the Planning Commission find the proposed text amendment is consistent with the goals and objectives of the 2017 Plan of Conservation and Development (POCD). The Commission notes that the proposed changes are consistent with the Preservation of Farms noted in Section 7.3 (found on page 50 of the 2017 POCD) and Maintaining Community Character (found on page 4 of the 2017 POCD).  Motion passed unanimously.

VI.          GENERAL COMMISSION BUSINESS

                None

VII.         ADJOURNMENT

Motion was made by Mrs. Smith, seconded by Mr. Blume, to adjourn at 8:15 pm, the motion passed unanimously.

 Submitted by

Michael Glidden CZEO CFM

Assistant Town Planner