Planning Commission Minutes 10/24/2017

Subject to Approval

Simsbury Planning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Tuesday, October 24, 2017 at 7:00PM

Simsbury Town Offices – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

PRESENT:  Bill Rice, Holly Beum, Robert Kulakowski, Alan Needham, Erin Leavitt-Smith and Alternates Elizabeth Burt.

ABSENT:  Ron Locandro, Alternates Mark Drake and Gary Lungarini.

ALSO PRESENT:  Director of Planning and Community Development Jamie Rabbitt and Assistant Town Planner Michael Glidden.

I. CALL TO ORDER:

1.  Pledge of Allegiance.

Chairman Bill Rice called the meeting to order at 7:00PM.

II. ROLL CALL:

1.  Appointment of Alternates.

Dr. Burt was seated for Mr. Locandro.

III. APPROVAL OF MINUTES – SEPTEMBER 26, 2017 SPECIAL MEETING:

MOTION:  Ms. Beum, Mr. Needham second, to approve the September 26, 2017 Minutes; unanimously approved.

IV. OLD BUSINESS:

1.  Public Hearings.

a.  None.

2.  Applications.

a.  None.

V.  NEW BUSINESS:

1.  Receipt of New Applications.

a.  None.

2.  Referrals.

a.  CGS 8-3a Referral to the Zoning Commission on Zoning Commission Application #17-42 of Matthew Erdmann and John Alubicki, Keller Williams Farmington Valley, Agents, for a Text Amendment to Article Ten, Section C.1.b, of the Town of Simsbury Zoning Regulations regarding real estate signage. 

Mr. Rice reminded the Commission that this application was continued from the last meeting as more time was sought to review whether the proposed text agrees with the Plan of Conservation and Development.  It was noted that under the current Zoning Regulations, property owners are allowed one real estate sign on their property.  Should the text amendment be adopted, two real estate signs would be allowed as well as off-site directional signs to an open house and similar events for a three-day period.  One sign per intersection as well as one sign per property per intersection could be a possibility with this amendment. 

Discussion ensued regarding this proposal.

MOTION:  Mr. Kulakowski, Mr. Needham second, that the referral of Application #17-42 from the Zoning Commission does not meet the character portion of the Plan of Conservation and Development and that the Commission sends back a negative referral; unanimously approved.

The Commission agreed to take up Agenda item VI.b. 120 East Weatogue Street – release of conservation restriction ahead of VI.a. 18 Shingle Mill Road, West Simsbury – request for clarification of “durable, all-weather surface”.

VI.  GENERAL COMMISSION BUSINESS:

a.  120 East Weatogue Street – Release of Conservation Restriction.

Attorney Glenn Knierim, representing Theodora Vogiatzi-Perdikis, owner of 120 East Weatogue Street, appeared before the Commission regarding this application.  He explained that the easement indicates that the conservation restriction becomes void if more than forty acres is deeded to the Land Trust.  He reported that seventy-five acres have been granted and was therefore seeking a release of the restriction.

Mr. Knierim was asked a series of questions relative to the nature of the easement and whether any trails existed.  It was noted that the parcel is land-locked and quite sloped. 

MOTION:  Ms. Beum, Mr. Kulakowski second, to allow the release of the conservation easement as referenced in the Timothy E. Ellsworth Subdivision since more than forty acres of adjacent land have been deeded to the Simsbury Land Trust, subject to the town’s legal counsel approval of the submitted proposed release; unanimously approved.

b.  18 Shingle Mill Road, West Simsbury – Request for Clarification of “durable, all-weather surface”.

       i.    Letter from Scott Brickley, received 08/29/2017

       ii.   Letter from Noris Christensen, received 08/30/2017

       iii.  Letter from Nevin Christensen, received 08/22/2017

The terminology used as part of the original subdivision approval at this location, specifically durable, all-weather surface, for the common drive has been the subject of questioning.  Commissioners reviewed a memorandum dated October 24, 2017 from Town Engineer Jeff Shea to Mr. Rabbitt regarding the Common Driveway Construction of Lots 1, 2, and 3 of the Christensen Brothers Subdivision.  It was noted that Mr. Shea agreed that in considering the prior recommendation of the former Town Engineer and the site conditions and given the steep topography and slope of the proposed driveway, a bituminous concrete common driveway and hammerhead turnaround should be required. 

Discussion ensued as commissioners considered the memorandum and contemplated the original subdivision approval.   

Ms. Beum cited the plight of small farmers in town and noted the concerns with the water supply that flows under the considerable length of the common drive indicated in the correspondence from Nevin Christensen received by the Planning Department on August 22, 2017. 

MOTION:  Mr. Rice, Mr. Needham second, that the Planning Commission rule that the common portion of the current driveway at 18 Shingle Mill Road consisting of a top-layer 1¼” trap rock does not satisfy the requirements of a durable all-weather surface and based on the recommendation of the current town engineer in assessment of previous town engineers that the actual surface should be bituminous concrete; Motion passed with Mr. Rice, Mr. Kulakowski, Mr. Needham, Ms. Leavitt-Smith and Dr. Burt voting aye while Ms. Beum was opposed. 

VII.  ADJOURNMENT:

MOTION:    Mr. Kulakowski, Ms. Beum second, to adjourn at 8:02PM; unanimously approved.

Respectfully submitted,

Pamela A. Colombie

Recording Clerk