Approved MINUTES
BROOKFIELD
PLANNING COMMISSION
THURSDAY, AUGUST
5, 2010
MEETING ROOM #133 – TOWN HALL, 100 POCONO
ROAD
Chairman J. VanHise convened the meeting at 7:30 p.m.
Present: Chairman J. VanHise, Secretary A. Kerley, R. Baiad, P. Conlon, Voting Alternate D. Frankel, Alternate A. Dew
Absent: J. Emond, W. Conner
Also Present: Director of Public Works R. Tedesco
2.
Review Minutes of Previous Meetings: 7/15/10 –
Secretary A. Kerley moved to approve the Minutes of the July 15, 2010
meeting. Commissioner Conlon seconded
the motion, and it carried unanimously.
3.
Applications
Pending:
a. Still
River Greenway #201000597: 8-24
Referral for Multi-Use Trail – No one
present. Commissioner Conlon moved to table the
pending application, Still River Greenway, #201000597, to the next regularly
scheduled meeting. Secretary A. Kerley
seconded the motion. It was noted that a
letter was sent to the applicant requesting a representative’s appearance. Such appearance is the normal procedure for
8-24 referrals. Motion carried
unanimously.
4. Old Business: None
7. Minutes
of Other Boards & Commissions:
Zoning Commission 7/08/10, 7/22/10;
Zoning Board of Appeals 6/7/10, 7/12/10; Inland Wetlands Commission
7/12/10, 7/26/10
Chairman VanHise noted the lengthy discussion in the Zoning Commission Minutes regarding drive-throughs. It was noted that there was no discussion of concern in either the Zoning Board of Appeals’ Minutes, or the Inland Wetlands Commission’s Minutes. Commissioner Frankel indicated there was a letter from D. DiPinto dated 7/2/10 re: Still River Greenway, discussed in the Inland Wetlands Commission’s Minutes, but it was pointed out that the Planning Commission was not copied on it. No motions.
8. Correspondence:
a.
Letter from
John F. Conway of Loughlin Fitzgerald to J. Van Hise dated 07/16/10 regarding
Tuccio v. Brookfield – all cases
b.
Letter from
David A. Sawicki of the CT Department of Transportation to Roy Young dated
07/22/10 regarding the Brookfield Shopping Center
c.
Letter from
Neil R. Marcus of Cohen and Wolf P.C.
to Stanley Parker dated 07/22/10 regarding Redraft of Incentive Housing
Regulations
d.
Connecticut
Federation of Planning and Zoning Agencies Quarterly Newsletter Volume XIV,
Issue 3 dated Summer 2010
e.
Connecticut
State Register for Brookfield dated 10/12/2001
Chairman VanHise
indicated that Item 8.a. is a letter from the Town’s attorney noting a
dismissal of the plaintiff developer’s claims.
Secretary Kerley requested more information regarding the cases. Chairman VanHise explained that the lawsuit
was against both the Planning and Wetlands Commissions. The Planning Commission was brought in when
it pulled the bond. Chairman VanHise
stated that the Commission offered the developer numerous opportunities to discuss
with the Commission why the bond should not be pulled; however, the developer
never appeared at a meeting. Because the
Director of Public Works continually cited safety issues, which were never
corrected, the Commission was justified in pulling the bond. The plaintiff has thirty days to appeal the
Court’s ruling.
Item 8.b. is a
letter from the State Department of Transportation regarding the Brookfield
Shopping Center, which was approved for a commercial development several years
ago. As the Route 7 extension has been
completed, the State’s letter advises that there are no traffic issues.
Item 8.c. is
addressed to the Zoning Commission regarding Incentive Housing Regulations, and
is for the Planning Commission’s information.
With regard to Item
8.d, Chairman VanHise pointed out the article regarding a case of two adjoining
towns and a development where the site is located in one town (Columbia), but
emergency access to the development sits in another (Hebron). When Columbia approved the development,
Hebron blocked the road. The Court said
that the latter did not have resort to the extreme act of closing the public
road. Chairman VanHise also noted an
article regarding flashing signs.
Chairman VanHise
indicated he is not aware why the Connecticut State Register for Brookfield was
sent to the Commission, but found it to be of interest, as it lists the
historical houses in Town.
Lastly, the Chairman
noted a letter he received, addressed to himself and the First Selectman, from
J. Emond at 6:15 p.m. this evening, regarding Mr. Emond’s resignation effective
8/6/10. It was requested that the letter
be sent to the Town Clerk.
5. Continued Public Hearing 7:45 P.M.:
a.
41 Pocono Ridge Road #201000460: 2 lot Re-subdivision
1.
Letter of Transmittal from Arthur Howland &
Associates regarding Revised plans and information dated 7/29/10
2. Declaration of Easement received 7/29/10
3. Infiltration Analysis based on a 100-yr Storm received
7/29/10
4. Revised Plans – “Site Development
prepared for Jeffrey Almeida dated 3/31/10; revised 7/15/10
i.
Cover Sheet – C.1 dated 3/31/10; revised 7/15/10
ii.
Sheet EC.1 – Existing Conditions Map dated
6/30/08; revised 12/23/08
iii.
Sheet R.1 – Final Subdivision Map dated 6/30/08
iv.
Sheet SD.1 – Preferred Site Development Plan
dated 3/31/10; revised 7/15/10 and 7/27/10
v.
Sheet SD.2 – Alternate Site Development Plan
dated 3/31/10; revised 7/15/10 and 7/27/10
vi.
Sheet SDS.1 – Proposed Sanitary Disposal System
Plan for New Lot dated 3/31/10; revised 4/28/10, 7/15/10, 7/20/10, and 7/27/10
vii.
Sheet SDS.2 – Proposed B-100a Sanitary Disposal
System Plan for Subdivision dated 3/31/10; revised 4/28/10, 7/15/10, 7/20/10,
and 7/27/10
viii.
Sheet PP.1 – Preferred Driveway Plan &
Profile dated 3/31/10; revised 7/15/10
ix.
Sheet PP.2 – Alternative Driveway Plan &
Profile dated 3/31/10; revised 7/15/10
x.
Sheet SES.1 – Proposed Sedimentation &
Erosion Control Plan dated 3/31/10
xi.
Sheet AM.1 – Area Map dated 3/31/10
xii.
Sheet SL.1 – Sightline Improvement Plan &
Profile dated 3/31/10; revised 7/15/10
xiii. Sheet D.1 – Detail Sheet dated 7/15/10;
revised 7/27/10
Chairman VanHise reconvened the
Public Hearing.
Spencer Myles, Arthur H. Howland and Associates, 30 Bridge
St., New Milford, CT, was present on behalf of the applicant. Chairman VanHise
inquired regarding a letter of transmittal dated 7/29/10 that was not in the
Commissioners’ packets. After some
review, the letter was found in the file and reviewed.
Mr. Myles also submitted a new
bond estimate, and copies were given to the Commissioners present. Director of
Public Works R. Tedesco indicated that he had received a copy of the estimate
by email. Chairman VanHise noted that
the closing date for receipt of new information is two days prior to the
meeting (Tuesday).
Mr. Myles stated that the
revisions related to drainage only.
Chairman VanHise inquired regarding the new driveway, and Mr. Myles
reviewed the specifications of the driveways to the new and existing house,
which all fall under ten percent.
Director of Public Works R. Tedesco indicated he did not receive the new
drawing dated 7/15/10 regarding sight line approval. The Chairman noted the improvement, and Mr.
Tedesco discussed the regulation that calls for the extension to ensure there
was no view obstruction. Mr. Tedesco
stated he believed the other engineer, Mr. Sawecki, was aware of this. Mr. Myles indicated he would make that
revision. Mr. Myles reviewed an
additional sheet with extra details. Mr.
Tedesco will write up a memo to summarize his findings. He added that the construction of common
driveway does not conform to town specifications. Mr. Tedesco added that the alternate climb
for the driveway is under ten percent and meets the specification, but that he
needs additional drainage date specifying the storm event for the calculations.
Chairman VanHise indicated that
the Commission would favor the plan that meets the regulations. He inquired of the applicant if there would
be blasting. Mr. Myles stated that he
did not believe there would be, as the test holes are satisfactory and no ledge
was found. Chairman VanHise noted
Section 234-802K, which discusses blasting, and advised the applicant’s
representative to follow the language of the regulation, and note any blasting
details on the plan, if necessary.
Commissioner Conlon inquired
regarding the shape of Lot 1A, as to why it was not just divided into two. Mr. Myles stated it related to meeting the
required square footage area.
Commissioner Frankel noted that the original house in the back will be a
right-of-way.
There was no public comment regarding the application.
Mr. Myles submitted a letter
requesting a forty-day extension.
Chairman VanHise reviewed the closing date, and without the extension,
the required closing date would have been August 19, 2010. Forty days will allow the hearing to stay
open until September 28, 2010.
Commissioner Conlon moved to permit the requested extension
for 41 Pocono Ridge Rd., #201000460, 2-lot subdivision, until September 28,
2010, which is forty days beyond the close of the public hearing. Commission Frankel seconded the motion, and
it carried unanimously.
Secretary Kerley moved to continue the Public Hearing for
41 Pocono Ridge Rd., #201000460, 2-lot subdivision, to August 19, 2010, at 7:45
p.m. Commissioner Baiad seconded the
motion, and it carried unanimously.
The Chairman advised the applicant
that the Director of Public Works will send his letter with the specifications
he discussed this evening. At this time, Mr. Tedesco was excused from
the meeting.
6.
New Business: None
9. Informal Discussion
Chairman VanHise reviewed the discussion at the meeting of July 29, 2010 with the Zoning Commission. Commissioner Dew noted that the article in the News Times regarding the discussion at the meeting did not have much relevance when compared to what was noted in the Minutes. Chairman VanHise indicated that a great deal of brainstorming went on at the meeting. Secretary Kerley indicated he was impressed with the mutual discussion regarding issues such as fifty-foot heights, and he noted a “new spirit of cooperation” between the Commissions. Chairman VanHise stated that he and Chairman Parker have agreed that the Commissions should meet more frequently.
There was additional discussion regarding moving forward with the Plan of Development, and the past assistance of G. Chandler of Planimetrics. Chairman VanHise indicated that the State is not expecting to complete its Plan of Development until June of 2012, and that the Town’s POCD is supposed to reflect the State’s. He further stated that he will be speaking with Chairman Parker and Land Use Office Manager Daniel regarding further joint meetings.
Chairman VanHise noted the progress that LUOM Daniel has made on the Geographic Imaging System. Secretary Kerley recommended inviting the Economic Development Commission to the next meeting. The next chapter topics to be covered when the discussion reconvenes are: promoting community spirit; establishing a village center; and promoting economic development. The need for community input was noted. It was further noted that the GIS will be helpful in compiling an inventory of parcels. Chairman VanHise stated that the updates of the United States Census work will be felt in the next six to nine months. He requested that the Commissioners review the three aforementioned chapter topics of the current POCD (Chapters 7, 8 and 9) prior to the next joint meeting.
Commissioner Frankel discussed other possible implications for the Historic District, Four Corners and land near the library.
Chairman VanHise reviewed historical information involving an inventory of industrial land, town municipal center, and an area behind Photronics. There was discussion regarding a prior loss of industrial land, a previous proposal for a large mall near Golf Quest, and other opportunities for the Town to “change its direction”. There was additional discussion regarding the Town’s reputation of being unfriendly toward development.
Commissioner Dew indicated that a News Times article stated that the Town is planning on spraying an herbicide, and what is actually being sprayed is organic lime. She stated that police officers will be there to advise residents about what is being sprayed.
Commissioner Conlon noted the quality of the renderings displayed for the Greenway bike path.
There was discussion regarding similar trails in Westchester County and another near Bull’s Bridge in Kent, Connecticut.
10. Tabled Items
None.
11. Adjourn
Commissioner Baiad moved to adjourn the
meeting at 8:35 p.m. Commissioner Conlon
seconded the motion, and it carried unanimously.
**NOTE: ANY OLD BUSINESS /NEW BUSINESS NOT COVERED PRIOR TO
THE START OF
THE PUBLIC
HEARING(S) WILL BE UNDERTAKEN AFTER SAID HEARING(S)
****Next Regular Meeting Scheduled for August
5, 2010****