These minutes are for informational purposes only. For official minutes, please contact the Town Clerks' Office.
PLANNING COMMISSION
REGULAR MEETING
OCTOBER 22, 2002
CALL TO ORDER
John Loomis, Chairman, called the Regular Meeting of the Simsbury Planning Commission to order at 7:32pm in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Ernest Gardow, Ferg Jansen, David Ryan, Carol Cole and Pamela Katz. Also present was Leonard Tolisano, Senior Planner.
APPOINTMENT OF ALTERNATES
Chairman Loomis appointed Carol Cole to serve for Susan Bednarcyk.
ZONING COMMISSION REFERRAL
Application of Mark & Beth Drummey for a Zone Change from Zone R-40 to Zone B-2 on property at 243 Farms Village Road. (Public Hearing on November 18, 2002).
Mr. Irwin Hausman, attorney for the applicants, addressed the members first. He explained that the farm store at Tulmeadow Farm is zoned B-1, and the commercial plaza across the street from this property is zoned B-2. The immediate area is all business. The house on the property was built in 1852 and is appx. 1300 sq. ft.; it is to be used for retail purposes. It is a very small facility and will have only one employee and low customer flow. Mr. Houseman cited a legal case involving reverse spot zoning, City of Miami Beach v. Robbins 1997. From this case, he defined reverse spot zoning as occurring when the zoning ordinance prevents an owner from using his property for a certain use when all the others around it are using their properties for the same purpose, creating an island of
zoning. He said the requested zone change will bring this property in line with those around it. Chairman Loomis asked Mr. Houseman if he had any case references from Connecticut on the subject of reverse spot zoning, and Mr. Houseman cited Clark v. Planning and Zoning Commission of Middletown 1996.
Mr. Don Tuller, 259 Farms Village Road, addressed the members as a neighbor of the Drummey’s and as an owner of Tulmeadow Farm. He pointed out on the Land Use Map what various properties along the street are and how they are being used, noting that the property immediately to the rear of the parcel in question is listed on the map as “rural residential”, which is a Planning term, not a Zoning term. Mr. Tuller expressed the opinion that the requested zone change to B-2 was reasonable for that site and for the surrounding neighborhood. With the house directly across the street from the commercial plaza and so close to the street, it is not a good place to live and R-40 zoning is not realistic for that property. Also, the zone change brings it in line with the other uses along the
street. Mr. Tuller also noted that the small size of both the structure and the parcel itself will serve to restrict the potential uses.
Commissioner Jansen asked why the request was to use zone B-2 rather than zone B-1. Mr. Houseman said the bottom line is to consider what is reasonable for the site and the neighborhood, and since the plaza across the street is zoned B-2, that is why the request is for B-2. However, the farm store is B-1, and the retail use in question could operate under either B-1 or B-2, so either zone would be fine. Mrs. Beth Drummey addressed the members to point out that the farm store is shown on the Land Use Map as residential, but in fact that has been changed to B-1, so the map has previously been superceded in the area. Commissioner Katz asked if the two
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rear corners of the property could be staked prior to a site walk, and the applicants stated the property was already staked. The Commissioners then planned a site walk for Saturday, November 2, 2002 at 10:30am. No action was taken on this zoning referral at this time. The applicants will return to the next meeting scheduled for November 12, 2002.
REVIEW OF DISCUSSION WITH ZONING COMMISSION ON PLAN OF DEVELOPMENT
Chairman Loomis began by stating that he had attended the previous nights’ Zoning Commission meeting to present information to them on the Plan of Development. He stayed to hear the first agenda item which was the zone change for 141 West Street. Chairman Loomis said Mr. Donohue was asked what other issues were discussed relating to the Planning Commission’s referral. Chairman Loomis suggested that it might be useful to give greater summary in these types of referrals to include the broader issues discussed. Commissioner Jansen suggested submitting a copy of the meeting minutes with the referral, and Commissioner Katz agreed that the referral itself should only be the Planning Commission’s official action and the reasons for it; a copy of the meeting minutes could be provided if
the Zoning Commission is interested in getting additional information on the broad discussion.
Chairman Loomis said he had lunch with Mike Bradley, Chairman of the Zoning Commission, the day before, and the Mr. Bradley had suggested the idea of having a joint round table format to present their ideas to the Planning Commission regarding the Plan of Development less formally. This work study would have an agenda and would be facilitated by an outside neutral party to keep things moving. Zoning asked for maximum specificity in the agenda items so that much could be accomplished, and there was support at the Zoning meeting for this idea. The Planning Commission members discussed the round table idea and agreed that it would be a positive exchange. Chairman Loomis said Mr. Voelker has some names of possible facilitators. The members agreed that Zoning interest in the Plan is a key to
achieving maximum implementation, and it is more likely that parties will implement the Plan if it encompasses their ideas. Each member of the Planning Commission could contribute an item to the agenda, and this round table would suffice for the Zoning Commission’s presentation to Planning on the Plan of Development.
The workshop would be open to the public and could be televised, if possible. Chairman Loomis indicated his hope that the Plan might create one or two new zones that would provide the town with flexibility in its future development, and also said a he hopes there will be greater commonality between the Land Use Map and the Zoning Map. Both of these goals will be more likely to be met with earlier and extensive involvement of the Zoning Commission and Chairman Loomis said it is his impression that the members of Zoning are open and interested in the process. Commissioner Ryan said that attending the recent CRCOG starting him thinking about how to permit change but still maintain control over it, and this will be a vital part of the Plan update.
Mr. Tolisano updated the members on possible presentations upcoming. Rick Bazzano, the IT manager for the Town of Simsbury, would like to make a presentation. Mr. Rich Correia, a former EDC coordinator, would also like to make a presentation. Dr. Banks, who recently concluded the archaeological site sensitivity analysis should also make a presentation since his findings may have many land use implications. In addition, the Design Review Board has said it
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is going to work on a presentation. It was discussed whether to have the DRB at the round table with Zoning, and the members agreed the meeting with Zoning would be best as a one-on-one, Planning/Zoning, session. Chairman Loomis asked Mr. Tolisano to try to set up Mr. Bazzano and Mr. Correia to present at the next meeting, and he asked Mr. Tolisano to obtain written materials for the members to review in advance of the meeting. Several possible dates were discussed for the round table session with Zoning. Saturday, December 7th, or Saturday, November 23rd, will be offered to Zoning as choices. Commissioner Katz suggested trying to book the Program Room at the Library for this meeting, although she was unsure if SCTV could tape from that location. Mr. Tolisano will check on the
availability of the Program Room, and Chairman Loomis will ask Mr. Paine of SCTV about taping the session when he sees him in the morning. Chairman Loomis and Mr. Voelker are being interviewed by SCTV to introduce the Plan of Development.
REVIEW OF AUDIO CONFERENCE ON “MASTERING THE TRANSECT”
Chairman Loomis reported to the members on the speakerphone conference recently held, stating it was very good, although it was highly technical and academic in nature. He read the definition of the “transect” from the materials, which were including in the members packets, and stated this concept is drawn from ecology and includes geographic cross-sections, etc. It addressed the idea of greenfields, or raw territory not zoned or developed. Simsbury has very little of these greenfield areas left. Also of interest was the idea of smart code. Both the transect and smart code ideas were further discussed. Commissioner Gardow, who also attended the teleconference, said it would have been better had they received the materials in advance and been able to review them prior to the
teleconferece. He also said his impression was that this idea doesn’t necessarily work for Simsbury today, since the zoning patterns are fairly rigid and well established. Commissioner Jansen suggested this principle might be useful in addressing the development of Griffin Land in the future.
DISCUSSION OF FORMAT OF PRESENTATIONS ON PLAN OF CONSERVATION AND DEVELOPMENT
The members discussed the format of the presentations. Everyone agreed that they want to make people as comfortable as possible when coming in to give a presentation. The members will be active listeners, and can ask probing questions at the end, although no one wants to debate issues with the individuals. People will be informed ahead of time that the session might be taped and that they should be prepared to answer questions. Also, they will be given the choice whether they would like to use the podium. It was agreed that the basic format will involve appx. 20- minute presentations followed by Commission questions, then time permitting, the audience can provide any written questions to the Chair, who will ask them of the presenter. This will serve to neutralize the audience questions
by keeping them anonymous and keeping the presenter’s focus on the Commission members, so that no one will get defensive or become offended as issues are discussed.
At this time, presentations by Mr. Bazzano and Mr. Correia will be scheduled for Nov. 12th, and Dr. Banks will be scheduled to present at the Nov. 26th meeting. The members then discussed additional presentations they might be interested in holding, including one by All Aboard, regarding transportation issues. Chairman Loomis said he spoke with Cindy Lemek regarding the power point presentation mentioned at the last meeting by Commissioner Jansen. He will call
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them again to try to schedule this. Chairman Loomis also mentioned that Mr. Voelker had suggested some alternative presenters on the subject of economic development, besides Mr. Jim Gibbons. These presenters, one from CERC and one from CL & P, are both very hands-on in working with municipalities and have actual economic development experience. Commissioner Katz said she felt it would be good to have the CERC presenter and Mr. Gibbons, since they would provide two different approaches to this issue, and Chairman Loomis said perhaps all three presesnters might be scheduled since economic development is such an important issue.
COMMUNICATIONS ON PLAN OF DEVELOPMENT – USE OF MEDIA
Commissioner Katz said she would like the Commission to send out press releases to publications including the Hartford Courant, the Farmington Valley Post, and Simsbury Life, as well as posting them on the SCTV community calendar. Mr. Tolisano said perhaps this could be done via email, and these publications could be added to the list already being set up for sending out Plan updates.
AMENDMENT TO RULES AND PROCEDURES
Prior to addressing the amendment to the rules and procedures, Commissioner Katz made a motion to amend the agenda to add the request by Mr. Wayne Bursey for an additional 90-day extension as an agenda item. Commissioner Gardow seconded the motion, which passed unanimously. Commissioner Katz made a motion to grant Mr. Wayne Bursey’s request for a second 90-day extension subsequent to the end of the first 90-day extension. Commissioner Ryan seconded the motion, which passed unanimously.
On the issue of the amendment, Chairman Loomis noted that sufficient notice had been given and it was only left to vote tonight on whether to adopt the language to be added to section four of the Rules and Procedures regarding minutes. Commissioner Katz stated that adding this language to the rules and procedures will be useful if/when this issue comes up someday in the future; this way, it’s been addressed and a procedure has been established to follow. Commissioner Gardow made a motion to adopt the language as communicated in the memorandum dated October 10, 2002. Commissioner Katz seconded the motion, which passed unanimously.
COMMUNICATIONS
None
STAFF REPORTS
None
CORRESPONDENCE
None
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APPROVAL OF MINUTES of October 8, 2002
The approval of minutes was tabled to the next meeting since the minutes were not available prior to the members’ packets being mailed.
ADJOURNMENT
Prior to adjourning, the members discussed the fact that as they begin to schedule presentations on the Plan of Development, any current or new business items (Zoning referrals, new applications, etc.) will be placed on the agenda first. Therefore, speakers should be advised that their presentation might not begin until as late as 8:30pm, or later, depending on the agenda items scheduled ahead of their presentation.
Commissioner Jansen moved to adjourn the meeting at 9:35pm. Commissioner Ryan seconded the motion, which passed unanimously.
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Pamela Katz, Secretary
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