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Simsbury Zoning Commission approves draft settlement with Vessel

Thursday Feb. 29 update: A Superior Court Judge approved this settlement, as well as matters related to an Inland Wetlands appeal. More details to come.


By John Fitts

Staff Writer

 

SIMSBURY – The town’s Zoning Commission on Feb. 21 approved a proposed settlement with a company looking to build an apartment complex on a 1.9-acre parcel at 446 Hopmeadow St.


While additional steps remain, that brings Vessel RE Holdings one step closer to building a complex at the site, a project that would now include 48 units in a brown, three-story building. The project would set aside 30 percent of the units as affordable under state statute 8-30g. At least half of those set-aside units must be for those with incomes equal or less than 60 % of the area or state median income. The balance of the affordable units can be for those making equal or less than 80 % of the median income. The law stipulates those units must be set aside for 40 years.


It was May of 2023 when the commission denied a revised site plan by Vessel Technologies for a project at 446 Hopmeadow St. that at the time in 64 rental units. (The original application proposed 80 units). The proposal drew intense opposition from neighbors, who noted concerns such as traffic and environmental impact. In its denial, the commission sighted a health and safety risk to area residents, particularly related to parking.

The company subsequently appealed the decision to Hartford Superior Court. Under the appeals process related to the 8-30g statute, municipalities with less than 10 percent of its housing stock deemed affordable carry the burden of proof in court. The 2022 list on the state web site lists the town at 5.08%.


At the Feb. 21 meeting, the town’s attorney, Robert DeCrescenzo of Updike, Kelly & Spellacy, noted that the appeal was filed in May of 2023 and placed on the court’s land use docket the following month.


“Since that time there have been a series of discussions about the settlement of the land use appeal, which the statute itself encourages the commission to do. Under 8-30g, as I am sure you are aware, the commission has the obligation to consider alternatives to the project that was denied.”


Attorneys for the parties conducted settlement negotiations in September 2023 and January 2024, and the Zoning Commission conducted several noticed executive sessions about the case, the court papers add. (Under state law, pending litigation is one of the parameters under which a commission can hold closed-door sessions, but votes must be taken in public).

 

An agreement in principle was reached in January, with the commission agreeing on Jan. 30 to present the proposed settlement at a future meeting, the document states.


Under a revised agreement – which still needs court approval – the project would involve 48 units in a three-story building. The color palette of the structure would be brown, as opposed to the original white.

 

Under the latest draft agreement, the number of total parking spaces would be 60. A provision for an additional 14 spaces would be held in reserve for future use if needed. Areas where the parking was reduced would be used for additional buffering.

 

The agreement also includes updated landscaping and a conservation easement for an approximate 2.39-acre parcel between the Farmington Canal Heritage Trail and the Farmington River.

 

From here, attorneys for the town and Vessel will file a joint motion to present to Superior Court Judge Edward V. O'Hanlan. A remote hearing on that matter was set to be heard on Feb. 29 at 10:30 a.m. A pending inland wetlands appeal related to the project was also set to be heard at that time. (The Valley Press went to print prior to that hearing).

 

“Judge O’Hanlan will be looking to make sure it’s a fair, objective, and so-called arms-length agreement, that it’s a complete agreement, that no terms should be in there that were omitted and vice versa,” Vessel’s attorney, Timothy S. Hollister of Hinckley Allen & Snyder, told the commission. “I do want to thank the commission for the time that you invested in this. I want to thank [Simsbury Planning & Community Development Director George K. McGregor] and attorney DeCrescenzo, who’ve also put a lot of time into the resolution, and you all know the definition of a good settlement – nobody’s happy but everyone accepts it - and that’s, I think, where we are.”

 

If the agreement is approved by the judge, it becomes a court order and its terms are binding, DeCrescenzo said.


“The commission and the public would never have to worry that it would become four stories again or something like that,” he said. “It would be part of the court order and it would be a violation of the court order, which is a very serious matter if anything but that were be built by anybody. I know it’s not Vessel’s intention to do anything but comply fully with the stipulations.”

 

At its Feb 21 meeting, the commission unanimously approved the draft settlement, after which the public had the chance to speak. Several attendees were highly critical of the decision, the project and the state.


“There are some key issues that have never been solved,” said Ann McDonald, who lives adjacent to the parcel. We never said we wouldn’t compromise on something. We know everybody’s hands are being tied on this. We’re being pressured into it.”


McDonald said the project will have numerous impacts. Already, water flows at a high rate on to her property, said McDonald, contending it would only get worse with runoff from the parking lot and roofline, topography challenges, and what she alleged was an inadequate stormwater system.


McDonald also contended the project was still too big for the parcel, asserted there would be ecological damage, and said the plan has serious flaws for emergency access – including using the Farmington Canal Heritage Trail, which isn’t cleared in the winter, as a second point of entry.


“It’s very frustrating. We're not saying no. We’re saying make it reasonable and please don’t destroy our property. We’re not going to be able to get our money back,” McDonald said. “In 10 years when our whole bank is washed away, who do we sue? Do we go to the town because your engineers allowed it? Because you were pressured? Do we go to Vessel? They’re going to be long gone because it’s an LLC. They’re going to have sold it. They’re going to be gone – made their money and gone.”


Lori Boyko said the residents, taxpayers and electors should know more about why the decision was made.


“I think we should know why. We had six people vote in favor of the settlement. For proper reasons, the discussions about the matter were held in executive session so we are not privileged to anything that was discussed in there. We all have this vision of this 8-30g cloud that the big boot of the big brother in Hartford stamps on our neck and says you have no choice, but that doesn’t answer why specifically the decision was made for six people to vote unanimously yes. That doesn’t explain for us what went into the decision.”


Joan Coe spoke more broadly about the state and the affordability law.


“First of all, this law is absolutely impossible to deal with. It’s just an invasion of a town, and what we have to do as a town – as our legislators – is to change the law,” said Joan Coe. “The law is so restrictive that there’s no way that this board, even if you wanted to, could do something about it. Every town is coming against the same problem, so it’s not a Simsbury problem. Vessel has taken on the law and decided how they can maximize their profits. It’s a business. You look at the law and you see how you can work the law. This is something that we cannot sustain and only through legislation can we do something about it.”


After those and several other members of the public spoke, commissioner Kate Beal said, “The call for some transparency as to how the decision was made and how we came to the settlement, I think that was maybe a reasonable request."

 

McGregor said he could certainly provide a staff report that detailed the process without disclosing details discussed in the executive session.


“I think it would be possible, maybe appropriate, to do a staff report,” DeCrescenzo added. “This is kind of an unusual process that people aren’t familiar with and sort of outlines not necessarily the specifics of the executive session, but the choices the commission was faced with and how you all came to the conclusion you did that the settlement was in the best interest of the town.”

 

During the meeting, Hollister noted that Vessel representative Josh Levy could not attend the meeting, but after the vote and public comment, Hollister expressed confidence in the project.


Regarding issues such as runoff and ecology, for example, he said, “The wetlands commission approved it and the town engineer reviewed it thoroughly, but I took very detailed notes, and I will bring them all back to my client and make sure they have the input.”

 

The remote court hearing with Judge Edward V. O'Hanlan is set to be heard on Feb. 29 at 10:30 a.m. A pending inland wetlands appeal related to the project is also set to be heard at that time. Members of the public who would like to participate should visit https://jud.ct.gov/PublicAccess/ From there, along the left side of the page (in the blue), click on “Civil and Housing Livestreams,” then “Hartford.” This will give you a list of all the virtual proceedings for the day in Hartford.  Find the case name and click on the YouTube link for the virtual courtroom - likely number 4.  The links for the next day are uploaded after 7 p.m. the day before.

 

Below are renderings of the building and site plan included in the latest Zoning Commission packet.






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Valley Happenings

UPDATED:

Fighting Cancer Pasta Dinner:

Benefit for Avon Volunteer Fire Department

Deputy Chief Dave Theriault

Sunday, February 23, 2025, 3:00-7:00 p.m. 

Farmington Polo Club, 162 Town Farm Road, Farmington

 

AVFD Deputy Chief of Administration Dave Theriault is facing a tough battle against Stage 4 cancer. The AVFD, along with Tunxis Hose Co. No. 1 and the Farmington Fire Department, is holding a pasta dinner to help raise money for Chief Theriault’s medical expenses. Cheese and crackers from 3:00-4:00 p.m., buffet from 4:00-6:00 p.m., and coffee and dessert from 6:00-7:00 p.m. In addition to delicious food, drinks, and camaraderie, the event will feature dozens of raffle prizes. Event tickets are $20 for adults and $10 for seniors and children under 10 years old. They can be purchased at the door or online at www.HometownFoundation.org Contributions can be made via Venmo @supportDave or by mail to the AVFD at 25 Darling Drive, Avon, CT 06001. 

Canton Community Health Fund Applications

Canton Community Health Fund, Inc. Opens 2025 Application Season, on March 1, 2025, for Canton Community Partner Grants & Canton Scholars Pursuing Careers in Healthcare or Public Safety Canton Community Health Fund, Inc. (CCHF), opens its grant and scholarship application season March 1. CCHF encourages State of CT certified non-profits serving the Canton community to apply for Community Partner grants. In addition, graduating high school seniors seeking higher education in healthcare or public safety are invited to apply for either a Dr. Diters Legacy Scholarship or a Pay It Forward Scholarship. Applications and informative Fact Sheets are available online at www.cantoncommunityhealthfund.org.  Community Partner Grant and Scholarship awards will be announced in June/2025.

 

Avon Library events

AVON –The following events are scheduled at Avon Free Public Library. The library is at Avon Library, 281 Country Club Road, Avon. All programs are in person except where noted. For more information on adult programs, contact Adult Services Reference Desk via avonref@avonctlibrary.info 860-673-9712 x 7203

• Antique Map Collecting 101, Saturday, Feb. 1 at 1 p.m. Registration is required: https://www.avonctlibrary.info/event/antique-map-collecting/

• Morning Book Club. Wednesday, Feb. 5 at 10:30 a.m., The Mystery Guest by Nita Prose, Registration is required: https://www.avonctlibrary.info/events/tag/morning-book-club/

• Meditation for Balance and Inner Contentment. (Virtual Event) Thursday, Feb. 6 at 7 pm.

• Eastern Coyotes in Connecticut (Virtual Event) Thursday, Feb. 13 at 6:30 p.m.

• Fashion and the First Lady (Virtual Event). Wednesday, Feb. 19 at 2 p.m.

• Hoop Skirts to Flappers: Eighty Years of Connecticut Fashion. Monday, Feb. 24 at 2 p.m.

• The Golden Age of Hollywood. (Virtual Event) Tuesday, March 4 at 2 pm.

 

Simsbury Lions Club

The Simsbury Lions Club is looking for people interested in volunteering and contributing to better our town. Our motto is “We serve,” and we do so by volunteering at local events and donating our proceeds to serving interests in our community.

If interested, please feel free to contact Sandy Kremer at Tprkremer@gmail.com or Philip Painchaud at painchaudp@gmail.com.”

 

Winter sowing workshop

The Farmington Land trust is hosting a winter sowing workshop focused on raising native plants. Make your own up-cycled greenhouse from a milk jug and prep some beneficial native plants for the coming growing season. Sunday, Feb 2 from 11a.m.-12:30 p.m. at the Farmington Senior Center. RSVP here: https://www.farmingtonlandtrust.org/event-details/winter-sowing-seminar-native-seed-planting

 

Wild Flowers from Spring to Fall

CANTON – The Cherry Brook Garden Club is hosting a lecture on “Following Our Wild Flowers from Spring to Fall” on Tuesday, Feb. 11, at 11 a.m. at the Canton Community Center, lower level, 40 Dyer Avenue. Steve Messier, Lichenologist and former Science teacher at Canton High School will discuss the topic. The lecture is open to the public. There is a $5 guest fee for non-members. Email questions to cherrybrookgardenclub@gmail.com.

 

‘Five Wishes’ at McLean

SIMSBURY – Join Kevin Baran, M.D., medical director, and the McLean Hospice Team for a special “McLean & Me Educational Series” presentation to learn how to talk about and record your wishes for care through the end of life, so those wishes can be understood and respected. The presentation will be held at McLean’s Garmany Performing Arts Center, 50 Sarah Lane, Simsbury, on Tuesday, Feb. 11, at 6 p.m. The presentation is free but an RSVP by Feb. 4 is required as seating is limited. A light dinner will be provided.

To register, visit McLeanCare.org/Events, email Margaret.Clark@McLeanCare.org, or call 860-658-3718.

 

‘Art Throb!’ Exhibit

Gallery on the Green presents “Art Throb!” Exhibit plus a Solo Exhibit by Kathi Packer Friday, Feb. 14 through Saturday, March 15. An opening reception is on Saturday, Feb. 15 from 6-8 p.m. and will include refreshments. The show and reception are free.

“Art Throb!” is a heartfelt Valentine’s Day celebration presented by the membership of Canton Artists’ Guild. The artists use a wide range of media including painting, prints, drawing, photography, sculpture, ceramics and mixed media to represent the emotional intensity, joy and complexity of love.

In the upstairs Gallery, Kathi Packer has a solo show, “Another Tale.”  Packer notes that a friend’s casual invitation to go on safari in 2008 substantially changed the direction of her artistic journey.The gallery is located near the intersection of Dowd Avenue and Route 44 at 5 Canton Green Road in Canton. Hours are Friday – Sunday, 1-5 pm. The main floor gallery is handicapped accessible.

Website: http://www.galleryonthegreen.org; Phone:  860-693-4102

 

TABLESCAPES fundraiser returns to benefit the new

Avon History Museum

AVON – The Avon Historical Society invites the public to its sixth TABLESCAPES event showcasing up to 30 creative and original table settings on Friday, March 14 and Saturday, March 15 at the historic North House, 1 Nod Road, Avon.

This event will feature themed table settings from local professional designers, florists, businesses, individuals, artists and others featuring fresh floral arrangements, centerpieces and accessories. Proceeds will benefit the installation of professionally curated exhibits in the new Avon History Museum scheduled to open on Friday, July 4, 2025.

Back by popular demand will be a “Table and Barware Tag Sale” on both days. Admission to TABLESCAPES includes the tag sale. Tickets are $20 each pre-sale and at the door. Tickets can be purchased online at www.avonhistoricalsociety.org or by calling Mary Harrop at 860-670-3225 before March 8.

Those interested in sponsorship opportunities can also call Harrop.

 

Alzheimer’s Support Group

FARMINGTON – Hearts, Hugs & Hope: An Alzheimer’s Support Group takes place Feb. 20, 2025, 6 p.m. at Farmington Station Assisted Living and Memory Care Community, 111 Scott Swamp Road, Farmington. Dealing with Alzheimer’s disease and related dementia isn’t easy, so it is helpful to share your concerns and personal experiences with others who completely understand what you’re going through. You will also learn about proven strategies to help you better care for your family member. This group is being offered both in person and via Zoom on the third Thursday of each month. If you plan to attend, contact Director of Compass Programming Katherine Jedynasty at kjedynasty@farmingtonslr.com.

 

Used book sale

AVON - A huge book sale will be held Feb. 28 and March 1 in St. Ann’s Church Hall, 289 Arch Road at Route 167.  Hours are Friday, 4 p.m. to 7 p.m. ($5 adult admission) and Saturday, 9 a.m. to 2 p.m. (no admission fee).

Thousands of books will be organized in separate sections, including Fiction, History, Biography, Politics, Children, Music, Cooking, Sports, Art, Vintage, and more!  A large selection of Children’s books will be available.  Fiction books will be divided by hardcover, paperback, and trade paperback and sorted alphabetically by author.  DVDs, CDs, books on CDs, Vinyl records, and puzzles will be available, also.  Most books will be $3 or less with vintage and specialty books priced higher.

 

Daisy Days: All-Girls Summer Day Camp Experience

FARMINGTON – Miss Porter’s School, a renowned institution with a legacy of empowering young women, is excited to announce the launch of Daisy Days, an all-new day camp for girls entering grades 3-5 this fall. Starting this summer, Daisy Days will offer a unique, joy-filled experience designed to spark creativity, build confidence, and inspire self-discovery in an empowering all-girls environment.

For additional details, visit pcgl.porters.org/daisy-days.

 

Artist demonstration

Avon Arts Association will hold a guest artist demonstration featuring  Granby artist Laura Eden on Tuesday, February 18 at  Avon Town Hall, 60 W. Main St., lower level, at 6:30 p.m. Ms. Eden will demonstrate egg tempera painting.

The demo is free and open to the public ($5 suggested donation). A workshop with Ms. Eden will be held at the same location in the Avon Room on Saturday, Feb. 22, 10-2 with  set up at 9:30. Fee: $45 for members, $55 for nonmembers). www.AvonArts.org

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