06/01/2020 Zoning Commission Minutes

Meeting date: 
Monday, June 1, 2020

SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES - Subject to Vote of Approval
Monday, June 1, 2020 at 7:00 P.M.
Simsbury Town Hall - Main Meeting Room – Via Zoom
725 Hopmeadow Street, Simsbury, CT

PRESENT: Dave Ryan, Kevin Gray, Donna Beinstein, Bruce Elliott, Anne Erickson, , Michael Doyle, Melissa Osborne

ABSENT: Melissa Osborne, Diane Madigan, Shannon Knall

ALSO PRESENT: Michael Glidden, CFM CZEO, Director of Planning and Community Development, Laura Barkowski, Land Use Specialist

I. CALL TO ORDER
Chairman Ryan called the meeting to order at 7:00 P.M.

II. ROLL CALL
1. Appointment of Alternates-Not necessary

III. APPROVAL OF MINUTES of the May 18, 2020 regular meeting.
Mr. Elliott discussed the following corrections to be made to the minutes:
• Line 69 Insert the words “access to” so the line reads “access to utilities”
• Line 70 insert to words “proximity to” so the line reads “proximity to remaining industrial zone
Motion made by Mr. Elliott to approve the minutes of May 18, 2020 as submitted with those two changes. Seconded by Mr. Doyle. Motion passed 5-0-0

IV. PUBLIC HEARINGS
1. Application #20-06 of Michael Glidden CFM CZEO Director of Planning for Comprehensive re-write and re-organization of Zoning Regulations with new sections pertaining to home occupation §3.5, site plan approval §11, special permit criteria §12 and Agri-tourism §8.5

Chairman Ryan resumed the public hearing and inquired if any new public comment or input from the Planning Commission was received. Mr. Glidden indicated we have not received any public comment. He further explained that the Planning Commission indicated that the letter submitted stands as is with no additions however they asked that Staff provide the following update to the Zoning Commission:
• Zoning Commission consider adding language to the workforce overlay housing zone specific to neighborhood character
• Possibly craft regulations that provide protection to the east versus the west side of Route 10 -202
• Emphasis on the protection of neighborhood character which is the POCD

Mr. Gray inquired about the east versus west comment and reaffirmed that is for staying with the 750 feet. Chairman Ryan also indicated that the workforce housing overlay zone and PAD is the subject matter in the next revision to the regulations. Mr. Gray would like to clarify to Planning Commission that this phase one of several phases in the regulations revisions and indicate the comprehensive portion of the revision refers to the change of the appearance of regulations. Mr. Elliott would like to clarify for the record with respect to the original discussions pertaining to relative distance to Route 10. Multiple distances including 750 feet, 1000 feet and 2000 feet with 10 acre size were also discussed with Jaime Rabbitt when this revision was originally brought up. Mr. Elliott indicated that they gave adequate consideration on alternatives and with the ultimate decision that was made however feels it is unfortunate that no better records on the actual discussion exist. Mr. Gray and the Commission recalled during the conversations certain properties were discussed that would work within the decided upon perimeters.

Mr. Gray made a motion to close the Public Hearing on Application 20-06. Motion Seconded by Mr. Elliott. Motion Passed 5-0-0

Deliberations and Discussion on Modifications

Chairman Ryan directed Mr. Glidden to discuss the Memorandum provided to the Commission by Staff on the options to address the workforce overlay housing regulations. The concern was language regarding determining measurement from Hopmeadow Street for a property to be considered for a WHOZ application. The current proposal reads: “The subject property shall be located within a distance of 750 ft from Hopmeadow Street”. Staff prepared the following three options that could address some of the confusion:
• Option A - “All developments to be approved under this section shall be located entirely within a linear distance of 750 ft from Hopmeadow Street.”
• Option B - “In order for a property to be considered, the parcel’s frontage along a public street shall be located entirely within a linear distance of 750 ft from Hopmeadow Street.”
• Option C- “The subject property shall be located within a distance of 750 ft from Hopmeadow Street. “
The memo was to capture some of the conversation from the public hearing and provide a options to the Commission. Chairman Ryan inquired if the existing Sunlight Construction would be nonconforming under Option A and B. Mr. Glidden confirmed that both options A & B would make the subject project nonconforming. Option C would keep it conforming you could add language that the closest property line be within 750 feet of Hopmeadow Street. Mr. Gray and Mr. Elliott would agree with the clarification indicating the property line. Change to the language was called to a vote.

Motion made by Mr. Gray that at least one property line of the subject property must be within 750 feet of Route 10/ Hopemeadow Street. Seconded by Ms. Erickson. Motion Passed 5-0-0

Motion made by Mr. Elliott to approve Application 20-06 of Michael Glidden CFM CZEO Director of Planning for Comprehensive re-write and re-organization of Zoning Regulations with new sections pertaining to home occupation §3.5, site plan approval §11, special permit criteria §12 and Agri-tourism §8.5 with the effective date being Monday June 29, 2020. Mr. Gray Seconded Motion Passed 5-0-0.

Mr. Gray would like to make it clear to Planning Commission that the Zoning Commission intends to take on the Workforce Housing at a later point.

Chairman Ryan inquired if Staff had anything to update the commission on. Mr. Glidden gave a brief update on upcoming agenda items including two public hearings, a referral from the Board of Selectman on a potential open space acquisition and temporary outdoor dining. Chairman Ryan inquired about the potential open space acquisition. Mr. Glidden clarified that formal presentation would take place at the upcoming meeting and that a potential resubmission and permit extension request may be received for this project during the period securing the grant negotiations and applications are going.

V. ADJOURNMENT
Mr. Gray made a Motion at 8: 36 pm to adjourn the meeting. Mr. Elliott seconded. Passed unanimously 5-0-0

Submitted by:

Laura Barkowski
Acting Commission Clerk