APPROVED MINUTES

BROOKFIELD ZONING COMMISSION

Thursday, March 11, 2010 – 7:00 p.m.

MEETING ROOM #133 – TOWN HALL, 100 POCONO ROAD

1. CONVENE MEETING

Chairman Parker convened the meeting and established a quorum of members.

Present: Chairman S. Parker, Secretary Lynch, F. Weisman, Alternates and Voting Members R. Amorossi and M. Grimes

Absent: Vice Chairman R. Blessey, W. Mercer

Also Present: Zoning Enforcement Officer W. Schappert

a. Review Minutes of Previous Meetings: 2/25/10 – The Commission noted that page 4 of the Minutes were missing from their packets and needs to be provided.

2. LAND USE ENFORCEMENT

a. Enforcement Officer’s Report:

Requests for Voluntary Compliance

32 Meadowbrook – The property owner is in receipt of quotes to accomplish the work when the weather permits.

1 Coach Dr. – No change from last meeting.

Cease and Desist Orders

20 Skyline Dr. – A Cease and Desist Order was issued for anti-blight.

18 Beech Tree Rd. – ZEO Schappert has a meeting on Monday regarding the remaining violations at the site. Some of the vehicles have been removed, yet some remain. Additionally, the erosion on the road has been fixed.

Citations

371 Candlewood Lake Rd. – A representative of the owner has inquired where to buy a sign, so it is hoped a sign will be installed shortly.

Town Counsel Action

1 Woodcreek Rd. – No discussion.

20 Station Rd. – No discussion.

533 Federal Rd. – A letter from Town Counsel has gone to property owner.

45 Riverford Rd. – A letter from Town Counsel has gone to property owner.

874 Federal Rd. – No discussion.

b. Pending Enforcement Correspondence

1. Letter from Bill Schappert to Jason A. Buchsbaum, Esq. Dated 3/5/10 Re: Alleged Drainage Violation – 74 North Lake Shore Drive

2. Memo from Zoning Enforcement Officer and Wetlands Enforcement Officer to First Selectman and Zoning Commission dated 3/4/10 Re: 1 High Ridge Road – 22 Beech Tree Road Complaints

Commissioner Grimes inquired regarding the status of 1 High Ridge Rd. ZEO Schappert reported that the property owner desires to build an addition, and is currently building a pool and some other things. The addition that was proposed was five feet from the property line. ZEO Schappert stated that the A2 survey that the property owner submitted was outdated, and noted that the Zoning Board of Appeals denied a variance application. The Inland Wetlands Commission is addressing several issues related to the property. Mr. Zaky has filed four complaints against neighbors and the Town. With regard to the neighbor, the recreational vehicle was removed six months ago. The other complaints have been handled by the IWC and the Department of Public Works. Lastly, the property owner alleged that the Wetlands Enforcement Officer was being racially discriminatory, and this allegation was denied. There are numerous issues on the site. Commissioner Grimes inquired if a Citation was issued as to zoning violations, but Mr. Schappert indicated that most of the zoning issues were pre-existing and non-conforming.

ZEO Schappert also noted that he and Chairman Parker met with an individual regarding “incentive housing”. He indicated that with this type of development, the Town decides where proposals can be developed (i.e., overlay zones). The location is approved by the federal government and the Town receives grants up to a maximum of $4,000.00 per unit. Mr. Schappert reviewed the density components of incentive housing. Chairman Parker added that the Town can dictate what types of buildings go in certain locations on a site. Commissioner Grimes requested that this individual be contacted so that the Commission can speak with him. Chairman Parker indicated that when the facts and figures are together, he will have this individual come in to speak with the Commission. ZEO Schappert also noted that only 20% of the units have to be affordable, and an income of 80% of the mean wages in the local area would qualify. Commissioner Grimes questioned the ability of the State to honor the payment of incentives to numerous communities that might take advantage of this plan.

ZEO Schappert stated that the Land Use Office has received an application under the new stormwater management regulations. The application has been approved by the IWC, and it was suggested that the application be discussed later on the agenda.

Commissioner Grimes moved to go to Agenda Item 6.b. Commissioner Weisman seconded the motion, and it carried unanimously.

6. NEW BUSINESS

Item 6.b., 100 Pocono Road #201000106: Site Plan Modification for Soccer Field Concession – (to be reviewed by Planning Commission on 3/18/10)

1. Letter from Stephen Vetter to Town of Brookfield dated 2/9/10 Re: 8-24 referral

2. Map “Snack Bar Town of Brookfield” prepared by Building Designs, LLC dated 10/21/09 – Drawing A

C. Stoeppel, 16 Stage Rd., and J. Quaisar, 16 Signal Hill Rd., were present on behalf of the Brookfield Soccer Club. Mr. Stoeppel reviewed the application to make alterations to the existing convenience center. The addition will allow for a concession stand at the site. Commissioner Amorossi inquired if the project has gone through any other Town review, and Mr. Stoeppel indicated that he has discussed this with the Director of Parks and Recreation and the First Selectman. Additionally, the application is on the agenda for the March 18, 2010 Planning Commission meeting. Chairman Parker noted that Planning Commission approval is necessary before the Zoning Commission can act on the application. Upon inquiry from Commissioner Grimes, Mr. Stoeppel indicated that a new doorway for the entrance to the men’s room will have to be installed for a new entrance to the north side. If the Town bond for improvements at Kids’ Kingdom is approved, the Town will renovate the interior of the bathroom at the same time. Regardless, the concession stand addition will be funded by the Brookfield Soccer Club through donations. The hours of operation will be during soccer events. Additionally, the concession stand will be made available to other organizations for fundraising purposes. Mr. Stoeppel stated that construction will begin in the Spring, with a Fall 2010 completion date anticipated. The addition will be for eleven feet in building space and a five foot overhang. Electricity already exists at the structure on the south side of the building. Water service would be needed. The Commission inquired if the construction would result in closing access to Kids Kingdom, and Mr. Stoeppel indicated that the work would be done with minimal interference to the Town. The immediate area around the restroom may need to be closed down, and Mr. Quaisar offered to supply portable units can be funded by the Soccer Club during the interim. Secretary Lynch inquired what the exterior material would be, and Mr. Stoeppel stated it would match the existing brick façade. Chairman Parker advised the applicant’s representatives that if the Planning Commission approves the application at its next meeting, the Zoning Commission will act on it at its next meeting on March 25, 2010. No motion.

3. REVIEW CORRESPONDENCE & PROJECT STATUS REPORTS

a. Minutes of Other Boards & Commissions: Zoning Board of Appeals 3/1/10; Inland Wetlands Commission 2/22/10; Board of Selectmen 3/1/10

b. Letter from Anthony D’Andrea, PE & LS (Department of Consumer Protection) to Town Clerks dated 3/1/10 Re: Geographic Information Systems

c. Copy from Jeffrey B. Sienkiewicz of Motion to Dismiss: 401 Federal Road, LLC, et al. v. Zoning Commission of Town of Brookfield dated 2/26/10

d. Memo from Glenn Chalder, AICP of Planimetrics to Brookfield Planning Commission dated 8/31/09 Re: Possible POCD Update Option

No discussion/no motions.

5. OLD BUSINESS: None.

6 NEW BUSINESS:

a. Proposed Regulation Revisions to: Section 308(1), 309 C(4), 405 B(3), 305, 401 B(13), 404C,

404H(d) and (e), access to Route 7/Federal Road –

ZEO Schappert indicated that these revisions are being proposed after his initial review of the regulations. A public hearing will be noticed for a group of revisions to regulations, and adjoining municipalities will also be advised of the proposed changes.

The Commission then reviewed the following sections:

Section 308E(1) - The change relates to the definition of sight lines. ZEO Schappert indicated there is now a State requirement and the proposed revision will take that into consideration. He read the proposed language. ZEO Schappert noted that there have been issues with recent applications related to sight line obstructions.

Section 309C(4) – This regulation addresses reconstruction of structures destroyed by fire. The Commission discussed the importance of improvements and conformance with reconstructions. It was also recommended that the time constraint for reconstruction be removed.

Section 405B – This regulation addresses the allowance for square footage in elderly conversions, which is currently between 480 and 750 square feet. It was noted that the last change was in 1998, and the previous maximum allowance was for 1,000 square feet.

Section 305 C(3) – ZEO Schappert discussed the importance of putting an identifying statement in front of regulations throughout the book so that readers are aware of what sections are addressing.

Section 401B(13) – This regulation addresses multi-family dwellings, per the Plan of Development, Item #14. Commissioner Amorossi recommended adding a provision to require that the multi-family dwellings are supported by municipal water and sewer services.

Commissioner Amorossi also noted the importance of compliance with the Zoning Regulations when the Plan of Development is considered. Commissioner Grimes encouraged Chairman Parker to speak with the Planning Commission Chairman, J. VanHise, about the two Commissions meeting to discuss the Plan of Development. Chairman Parker stated that he believes that the two Commissions can do a better job than an outside consultant, at no cost to the Town, updating the Plan of Development, due to their familiarity with the Town. Commissioner Amorossi agreed. The Commission thought it was satisfactory to use outside consultants for technical services such as map revision. ZEO Schappert suggested sending correspondence to the Planning Commission requesting that the two Commissions discuss this. Commissioner Weisman noted the benefit of objectivity of using an outside firm. Chairman Parker stated that the Commission could conduct its own survey of Town residents in preparation of the update. Commissioner Amorossi discussed the success of a previous Town Engineer, Mr. Kelly, who assisted with early Plans of Development. The Commission will send the Planning Commission a letter regarding the two Commissions meeting, in part or whole, regarding a “Meeting on the Plan of Development”.

There was brief discussion regarding transitional housing in industrial/commercial zones.

Section 404C – ZEO Schappert noted that this proposed revision was also revised per a Plan of Development recommendation.

Commissioner Amorossi noted that the sewer and water line are following the industrial corridor. He inquired about development in that area.

Commission Grimes moved to authorize the Chairman to send a letter to the Planning Commission re: initiating discussion regarding the Plan of Conservation and Development. Secretary Lynch seconded the motion, and it carried unanimously.

Section 404H(d) and (e) – No discussion.

4. PUBLIC HEARING 8:00 PM:

a. Flood Plain Regulation Revisions: Sections 242-202 and 242-503, as directed by the Department of Environmental Protection

1. E-mail from Diane S. Ifkovic to Bill Schappert dated 3/3/10 Re: Review of draft changes to Brookfield Floodplain District Regulations

Chairman Parker opened the public hearing at 8:00 p.m. and introduced the Commission members. Secretary Lynch read the legal notice which was published in the Danbury News Times on February 26, 2010 and March 8, 2010 .

Chairman Parker noted that the application was received on January 28, 2010. With Secretary Lynch’s assistance, he then reviewed the policies and procedures that govern public hearings. Chairman Parker pointed out that because this is an application of the Commission, there is no time limit for a decision.

Secretary Lynch noted receipt of the following correspondence: 1) a letter dated 3/5/10 from S. Knight, FEMA, via certified mail to First Selectman W. Davidson; 2) an email dated 3/3/10 from D. Ifkovic, Department of Environmental Protection, to B. Schappert; and 3) a letter from the Department of Environmental Protection dated 12/14/09 to R. Tedesco, Director of Public Works.

ZEO Schappert presented the application on behalf of the Commission. He noted that the entire change was specified by FEMA and the DEP, with some additional requirements in their most recent letters. Commissioner Amorossi discussed the map. He noted that the impact of the bypass road is not demonstrated on the map. He also pointed out that in no place is there an updated survey, and the “new” map does not appear to be any different, as it shows a 40-acre lake on the site near the bypass. Additionally, the recent correspondence from FEMA and the DEP does not address the impact of the bypass. Commissioner Amorossi discussed how a large part of the lake was filled in, and diminished the flood plain.

Chairman Parker read the last paragraph of the FEMA, noting that compliance is “mandatory”. ZEO Schappert and the Chairman encouraged Commissioner Amorossi to generate a letter to Dr. Knight of FEMA, expressing his concerns.

C. Steiner, 2 Park Lawn Dr., Bethel, CT, was present, and had a question of clarification. He expressed his concern that the maps will not be published until June 18, 2010 and encouraged the delay of passing the regulations until that time, so that townspeople can review it. The preliminary map will be utilized if the regulation change is passed. Mr. Steiner stated that this “should be a concern … for everyone.”

There was no one present to speak in favor of the application. No one spoke in opposition to the application.

Commissioner Grimes moved to close the Public Hearing re: Flood Plain Regulation Revisions: Sections 242-202 and 242-503, as directed by the Department of Environmental Protection. Commissioner Amorossi seconded the motion, and it carried unanimously.

ZEO Schappert noted that the adoption of the regulation change is mandatory, and because there is no other map, the one that has been provided has to be used.

Commissioner Grimes moved to approve the revisions to the Flood Plain Regulations Revisions Section 242-202 and 242-503 as directed by Department of Environmental Protection and articulated in an email dated 3/3/10 from D. Ifkovic. Commissioner Weisman seconded the motion, and it carried unanimously.

Commissioner Weisman moved to add 22 S. Lakeshore Dr., Watershed Protection as Item 6.c. Commissioner Amorossi seconded the motion, and it carried unanimously.

Commissioner Weisman moved to go to Item 6.c. Commissioner Amorossi seconded the motion, and it carried unanimously.

6. NEW BUSINESS (continued)
Item 6c. 22 South Lakeshore Dr. - ZEO Schappert reviewed the application with the Commission and explained the applicable regulation, which is relatively new. Examples of best management practices were discussed. ZEO Schappert indicated that this is part of an overlay district, near the top of ridge line at Candlewood Shores. There is a similar district at Lake Lillinonah. ZEO Schappert indicated that the regulation states that consideration must be given to the “simplicity, reliability and feasibility of the plan”. He reviewed the area re-contours in line with the best management practices, as well as the stone retention systems, noting that all of the retaining walls are heavily buffered with landscaping materials. Secretary Lynch moved to approve 22 South Lakeshore Dr., #201000128, Commissioner Grimes seconded the motion. Commission Amorossi inquired if there were two separate buildings, and ZEO Schappert explained the layout per the plans. Additionally, the relationship of the site to the lake was explained to Commissioner Weisman. ZEO Schappert also noted garage drainage trough. Motion carried unanimously.

7. TABLED ITEMS None.

8. INFORMAL DISCUSSION None.

9. COMMENTS OF COMMISSIONERS - Commissioner Weisman inquired if the Raymour & Flanagan business owes the Town some trees, as the Town made them take several down due to a safety issue. Chairman Parker indicated he would look into the issue. It was requested that this item be put on the agenda for the March 25, 2010 meeting.

10. ADJOURN – Commissioner Amorossi moved to adjourn the meeting at 8:28 p.m. Commissioner Grimes seconded the motion, and it carried unanimously.

**Next Regular Meeting Scheduled for March 25, 2010**