DRAFT MINUTES
BROOKFIELD ZONING COMMISSION
Thursday, July 8, 2010 – 7:00 p.m.
MEETING ROOM #133 – TOWN HALL, 100 POCONO ROAD
1.
Convene
Meeting
Present: Chairman S. Parker, Vice Chairman R. Blessey, Secretary C. Lynch, F. Weisman, Alternate and Voting Member where indicated F. Lollie, Alternate and Voting Member where indicated R. Amorossi
Absent: W. Mercer, Alternate M. Grimes
Also Present: Zoning Enforcement Officer W. Schappert
Alternate F. Lollie
was appointed a voting member.
a. Review
Minutes of Previous Meetings: 6/24/10
– Commissioner Weisman noted the following correction: On Page 2, re: 20A Old Middle Rd., to change the last word
in the paragraph, “discussion”, to “decision”.
Commissioner Weisman moved to
approve the Minutes of the June 24, 2010 meeting as corrected. Vice Chairman Blessey seconded the motion,
and it carried unanimously.
2.
Land Use Enforcement
a. Enforcement Officer’s Report:
Requests for Voluntary Compliance
18 Chester St. –
ZEO Schappert stated that the property owner has filed for a variance which
will be heard before the Zoning Board of Appeals on July 12, 2010.
450 Federal Rd. –
The Inland Wetlands Enforcement Officer has filed a complaint regarding fencing
being down and resulting siltation in the drains. The Notice of Violation was just sent
yesterday.
87 Delmar Dr. –
This violation relates to unpermitted signs.
Cease and Desist Orders
48 Old Middle Rd.
– A dumpster is on the site, but ZEO Schappert has not been able to inspect the
property. He will attempt inspection
again. Secretary Lynch indicated that he
saw the empty dumpster, but that not much else has changed at the site.
7 Blackwood Rd.,
The Cease and Desist Order sent out on May 4, 2010 was
returned as “undeliverable” after four attempts. It will now be delivered via the
marshal. ZEO Schappert reviewed the
history of a large trailer and other vehicles being on the property that have
been alleged to be part of a business, but the property owner contends it is a
“sports activity”, specifically, Broderick Motor Sports, Inc. Chairman Parker noted the numerous times in
the past that there have been complaints regarding this particular
property. He believed that the matter
was last resolved by Attorney Beecher.
The issue will be revisited at the next meeting after it is determined
whether the marshal can make service of the Order.
30 Kellogg St. –
ZEO Schappert stated that this complaint relates to additional boats moored at
the dock, but not owned by the homeowner.
Chairman Parker indicated that this complaint occurs every year. He recommended that the property owner be
allowed one more week as the Order was just issued.
16 Elbow Hill Rd.
– The trucks have been removed, but a pile of black top is still at the
property
Town Counsel Action
1 Woodcreek Rd.; 20 Station Rd.; 533 Federal Rd.; 45 Riverford Rd. – The Zoning Enforcement Officer has
received no additional information from Town Counsel on these matters. Chairman Parker recommended speaking with the
First Selectman.
It was also noted that there
has been no response from the Town Attorney re: Incentive Housing (Item 5.b.)
Miscellaneous
20A Old Middle Rd.
– ZEO Schappert stated that a “technical solution” was offered by Mr.
Gallo. It relates to a
super-manufactured dry well. ZEO
Schappert advised him to try it. It was
noted that the Cease and Desist Order was removed. ZEO Schappert stated that if the matter is
not corrected properly, a violation will be noticed. The property owner has until the next meeting
for ZEO Schappert to inspect.
1 High Ridge Rd.
– ZEO Schappert reviewed the two active complaints between the neighbors. He noted that a Citation was sent to Dr. Zacky as the
property owner of 1 High Ridge Rd. ZEO
Schappert read a letter from Dr. Zacky dated July 1, 2010, contesting the
Citation and making numerous demands.
Vice Chairman Blessey noted that he drove by the site at 11:30 p.m. and
found the lights to be exceptionally bright.
ZEO Schappert also read his response to Dr. Zacky dated July 8,
2010. After careful review of the
file, Chairman Parker moved to direct the Zoning Enforcement Officer W.
Schappert to direct the entire file and any future correspondence related to 1
High Ridge Rd. to the Town Attorney.
Vice Chairman Blessey seconded the motion, and it carried unanimously. Chairman Parker requested that ZEO Schappert
get in touch with Town Counsel P. Olson regarding this matter.
b. Pending Enforcement Correspondence
No discussion/no motions.
3.
Review Correspondence & Project Status Reports
a. Minutes of Other Boards & Commissions: Inland Wetlands Commission 6/28/10;
No discussion/no motions.
CONTINUED PUBLIC HEARING:
(to be continued 7/22
after received by Planning Commission)
a. Town Center District Section 242-505E
#201000461: Revision of the regulations to allow for a structure
consisting of three stories
1. Letter
from Jonathan Chew, HVCEO, to William Schappert dated 6/28/10 Re: Proposed zoning regulation
change for Town Center District, HVCEO Referral Number 835.10
As the Planning Commission
has not had a meeting recently, Chairman Parker agreed to allow the Planning
Commission one more meeting for comment regarding this application. It was noted that the receipt of comment is
governed by State statute. Chairman
Parker stated he will also contact the Chairman of the Planning Commission.
5. Old Business :
a. 782 Federal
Road #201000288: Site Plan Modification
1. Map titled “Site Layout Plan” prepared
by CCA, LLC dated 2/25/10 revised 6/30/10 – Sheet S1 = S. Sullivan and Attorney Scinto, were present. Mr. Sullivan reviewed the 31 existing parking
spaces and discussed how it would be arranged to accommodate a loading area in
the northwest corner where there is currently a refuse area, which will in turn
be relocated to the southwest corner of the property. Additionally, re-striping of parking spaces
will take place in the rear portion of the property and two spaces will be
added in the front. Mr. Sullivan
reviewed that the applicant has owned the business for 35 years, and based on
his expertise in the customer volume of Dunkin Donuts businesses, this “low
volume” location warrants a five-car queue instead of ten. He noted that more angled parking was put in
the rear of the building. Mr. Sullivan
reviewed the memorandum from the Water Source Committee, which suggested adding
signs to the north and south part of the building. Mr. Sullivan stated that these changes have
been incorporated into the modification.
He pointed out comment 7 of the Water Source Committee, which states that
it had no difficulty with drive thru window, and believes it will move traffic
through the site more quickly.
Photographs taken by S. Sullivan were submitted. Mr. Sullivan noted that the stools have been
removed from the counter area within the business. He reiterated that adding the drive-through
will aid parking for all tenants in the building. He noted the decrease in impervious surface;
and a landscaped island in the rear.
Upon inquiry from Commissioner Amorossi, Mr. Sullivan stated that the
removal of chairs was voluntary on the part of the owner. He also clarified the existing and proposed
parking for Commissioner Weisman, and noted that there is no parking adjacent
to the rear portion of the building.
Traffic will flow one way; north to south.
Secretary
Lynch made a motion to accept. At this time, Chairman Parker indicated he
had questions regarding the application.
He noted that the width of the area is 21’ and 6”, and advised the
Commission of the measurements of other vehicles, indicating that they would
prevent a car from passing in that area.
Mr. Sullivan indicated that the Dunkin’ Donuts truck delivers items
prior to the start of business. Chairman
Parker stated that he has been advised that the delivery truck blocks the
driveway while it is unloading.
Chairman Parker also contended that per
Dunkin’ Donuts’ own website and other Internet sources, the business is a
restaurant, not a retail bakery.
Commissioner Amorossi pointed out that the definition listed in the Zoning
Regulations would be the appropriate one to follow when considering this
matter. Attorney Scinto referenced the
Minutes of the May 22, 2008 Zoning Commission meeting. Chairman Parker indicated that “we made a
mistake”, and reiterated that the business is a restaurant. He referenced the corporation’s website, and
a news article from the Danbury News Times July 4, 2010 issue, both referring
to the business as a restaurant.
Secretary Lynch indicated he could find
numerous definitions that define the business as a coffee shop. He further inquired, “What are we afraid of
here?”, and indicated that the cars will park in the back. Chairman Parker showed a recent photo of
cars parking in a certain location, and photos of a truck parking around
building; and inquired how the cars would get by with six feet of space. Secretary Lynch stated that the application
is in conformance with the code and “works with the zone”. Commissioner Weisman inquired regarding the
size of the vehicle that delivers to the location; and the frequency and
time. Mr. Sullivan stated that the
trucks deliver before opening and makes a quick delivery on the south
side. He is unsure if only one delivery
a day is made. Mr. Sullivan contended
that the plan provides the required 400 square feet of loading area, and adding
a drive-through will open up more parking to other tenants at the site.
After
careful review of the file, Secretary Lynch moved to. At this time, Chairman Parker moved to deny
the application. The Commission finds
that it has reviewed all of the information submitted by the applicant from
this meeting and previous meetings for the application. Attorney
Scinto attempted to comment to the Chairman. The
site plan modification of the above referenced location is denied for the
following reasons: The minimum turning
radius for a drive shall be 25 foot inside, and 50 foot outside. The site plan shows 16 foot inside and 32
foot outside. S. Sullivan indicated
that the applicant received a variance.
The radii are sufficient for automobiles but do not meet standards for
trucks, fire trucks or trailer trucks. A
single unit truck with a wheel base of 20 foot,
requires radii of 28 feet inside and 42 feet outside. A semi-trailer truck with a 50 foot box
requires slightly larger radii. A fire
truck requires, according to AIA standards, 32 foot inside and 43 foot
outside. Fire access is therefore
limited and present hazardous conditions.
Therefore, all of the (Indistinguishable)
turning radius acceptable for automobiles and smaller panel pick-up trucks is
not sufficient for larger trucks. Larger
trucks are used on this location on a daily basis to offload materials,
supplies, and are not currently restricted by drive-through lanes. Chairman Parker stated, “Right here,
where cars back up you don’t have the room.” Secretary Lynch inquired of the
Chairman if he was “trying to set the Town up for litigation”. Chairman Parker continued: the materials are not currently restricted by
drive-through lanes, loading zones and parking spaces as proposed. Section 242-305D: the site plan attempts to
use the drive-in lane for parking coverage, a traffic lane cannot be used as
parking spaces. Section 242-305C(6) requires that a ten foot buffer exist between
buildings and parking spaces. Section
242-305G requires that loading zones be provided at a building that it
serves. The site plan does not indicate
any loading zones immediately adjacent to the building. Section 242-305C(12)
a northerly lane is indicated on the site plan with a width of 24’, actual
measurements 21 and a half feet.
Parking is often used at this location for unloading. This would indicate that only 10 and a half feet remain for through-traffic. The requirement for a fire lane is 16 foot in
width. Furthermore, parking may not be
located within ten foot of the side of the building. The loading zone requires 10 foot width accordingly, no parking or loading may be permitted on the
northerly and thru drive. Section
242-501, the Table of Permitted Uses does not provide for a drive-through
facility for which a patron may remain in his car at all times, places,
receives and pays for an order via a service window and continues thru existing
traffic. Section 242-501, the premises contains two tables and four chairs,
may be considered a form of a restaurant, and again, the webpage, Dunkin
Donuts, on the store position, speaks of restaurants, and franchises speaks of
restaurants, and we conclude that Dunkin
Donuts is a restaurant by self-admission.
Therefore, the application is deficient and nonconforming, and must be
denied for the reasons cited above.
Attorney Scinto requested an opportunity to
speak, and was advised that there was a motion on the floor.
No one
seconded on the motion.
Attorney Scinto made a brief statement
referring to the Minutes of May 22, 2008, which indicated that the business
will operate as a “retail bakery … it will have no tables, and will operate as
a carryout business only”. Chairman
Parker indicated that “if we made a mistake, … it’s time
to correct it”. Attorney Scinto stated
that when reviewing the Town Center District regulations, the “hallmark” is “to
allow flexibility” in spaces and design.
He added that the applicant is a “contributing member of the community”
and that the District allows drive-throughs for banks and pharmacies. Lastly, he pointed to the comment of the
Water Source Committee indicating that the drive-through will not limit parking
and will allow a flow of traffic.
After
careful review of the file, Secretary Lynch moved to approve the application,
as it is, with the addition of a tree on the back island of the building. Commissioner Weisman seconded the
motion. ZEO Schappert noted a point of
information, and indicated that when the approval is received, he has to
provide a Certificate of Zoning Compliance, and will have to check, as a
restaurant, that there is adequate parking under the newly designated use as a
restaurant; and also to check off the permitted use, when the use is not
permitted in the zone. He requested
guidance from the Commission for the Certificate of Zoning Compliance. Commissioner Amorossi inquired what use is
not permitted, and ZEO Schappert indicated it is a “drive-through
restaurant”. Secretary Lynch noted that
the business is not a restaurant.
Commissioner Amorossi inquired of the Chairman if he preferred if
Commissioner Amorossi, as an alternate commissioner, did not comment, and the
Chairman indicated he would prefer it if he did not comment pursuant to the
court decision and the opinion of legal counsel.
The
motion carried, 4-1, with Chairman Parker opposing.
ZEO Schappert requested direction on how to
proceed, indicating that he will not issue a permit.
Commissioner Amorossi advised that it is up
to the Commission to make the decision and that Mr. Schappert has a
responsibility to act accordingly. ZEO
Schappert stated he has an obligation to follow the regulations, and took issue
with the drive-through restaurant.
b. Proposed Regulation Change – Incentive
Housing #201000437: Section 242-404K
1. E-mail
from Peter Scalzo to Bill Schappert dated 6/11/10 Re: Housing Incentive Zone Question
Chairman Parker stated that
the requested information regarding this topic has not been received from Town
Counsel. He requested that ZEO Schappert
ask First Selectman Davidson to contact the Town Attorney regarding this
item. Please keep this item on the agenda for the July 22, 2010 meeting.
c. 58 Vale Road #200800033: Complete bond release for $25,000.00 and
#200800032: Bond reduction in the amount of
$140,930.00
1. Letter from Abigail Adams, RLA to Stanley Parker dated 6/30/10 Re: Pharmco-AAPER 58 Vale Rd
2. Map
titled “Zoning Location Survey Lot 2 RJM Industrial Park” prepared by
CCA, LLC dated 6/18/10 – Sheet 1 of 1 (map is on cart)
Chairman Parker indicated that he and ZEO Schappert
inspected the site and found it to be satisfactory.
Vice Chairman Blessey
moved to recommend to the Board of Selectmen, the bond release of $25,000 for
58 Vale Rd., #200800033, to finish off the site. Commissioner Weisman seconded the motion,
and it carried unanimously.
Chairman Parker inquired of the Commission members if they received the digital submission of this information and what their opinion was of the quality. Most found it to be satisfactory, but difficult to print. Chairman Parker requested that ZEO Schappert speak with the First Selectman about the BOS instituting a policy regarding digital submissions.
A. Adams, Registered
Landscape Architect, CCA, 40 Old New Milford Rd., was present. She noted that the second bond reduction for
this site was not addressed. Vice Chairman Blessey moved to recommend to
the Board of Selectmen, the bond reduction in the amount of $140,930.00
regarding #200800032, 58 Vale Rd.
Commissioner Weisman seconded the motion, and it carried unanimously.
Ms. Adams was advised that the zoning map will be signed off by the ZEO for the applicant.
6 New
Business:
a. 10 Whisconier
Road #201000555: Single Family Dwelling Conversion
It was noted that there is no affidavit regarding the elderly qualification in the file. N. Lavoie, 10 Whisconier Rd., was present. She was advised to get a copy of the necessary affidavit from the Land Use Office. She was further advised of the procedure for approval of the single family dwelling request, including a public hearing. Chairman Parker requested that Ms. Lavoie provide a simple sketch of the proposal. It was noted that the proposed apartment will be 432 square feet. The Commission advised Ms. Lavoie that the regulation calls for a 450 square foot minimum. Ms. Lavoie will check the measurements and discuss the details with ZEO Schappert in the Land Use Office. She was advised that enclosing the stairs will allow them to be included in the living space calculation. It was requested that the stairway be added to the drawing.
A short recess was
taken from 7:55 p.m. to 8:00 p.m.
4. PUBLIC HEARING 8:00 PM:
a. Proposed Regulation Amendment
#201000439: Section 242-202 – Definitions
1. “Drive-Through
Food and Beverage Facility”
Chairman Parker opened the Public Hearing and introduced the Commission
members. Secretary Lynch read the legal
notice that was published in The News Times on June 25, 2010 and July 5, 2010. Chairman Parker noted that the application
was received on May 27, 2010. He then
reviewed the policies and procedures that govern public hearings. He noted that this is an application of the Commission, therefore, there is no time deadline for a decision. Chairman Parker further stated that there was
no one present in the audience other than two news reporters. Secretary Lynch acknowledged receipt of
correspondence from HVECO as the only piece of correspondence in the file.
Chairman Parker read the proposed regulation change from the draft dated
May 27, 2010. There was a question if
this was the proper draft. After some
time, it was determined that it was, and the reading of the draft resumed with
the definition of “Restaurant”. Chairman
Parker did not read the proposed regulation change for Section 242-501, as it
was part of the next public hearing.
Commissioner Amorossi and Vice Chairman Blessey proposed combining both
definitions for “drive-through facility”, including language that addresses a
food and beverage facility.
ZEO Schappert noted that during the research for definitions, most of the
Village Center Districts that were discovered do not allow drive-through
restaurants; and noted that it was propitious that the Village Center District
was changed to the Town Center District.
Commissioner Weisman suggested that the words, “self-service
cafeteria/buffets” be added to the definition for “restaurant”, and contended
that it is different than fast food.
There was discussion regarding the various types of “restaurants” and
ZEO Schappert inquired how he would handle applications for the various
types. After discussion, it was decided
to add the language recommended by Commissioner Weisman.
After the discussion, the definitions were changed to read as follows,
and read by the Recording Clerk:
Drive-Through Facility:
A drive-through facility is defined as one at which a person; remaining
in his or her vehicle at all times; obtains materials, supplies, services,
places orders for, receives and pays via a service window, and continues
driving through the service aisle and out into exiting traffic lanes. Such facilities shall include banks,
pharmacies, cleaners, food and beverage facilities and similar services.
Restaurant:
A public eating place at which meals are prepared and served to customers
seated at tables and served by “waiter/waitress” personnel or self-service
cafeteria/buffet. A restaurant may also
serve liquor to be consumed only on premises.
A restaurant may provide casual instrumental or vocal entertainment, but
not of the type identified elsewhere herein as “nightclubs.”
Secretary Lynch made a
motion to approve the Proposed Regulation Amendment #201000439, with the
language read back by the Recording Clerk.
The Chairman noted that
because this is a public hearing, the opportunity for public comment must be
given, and the hearing had to be closed.
There was no second on the motion. No one
was present to speak in favor of the application, nor did anyone speak in
opposition. Vice Chairman Blessey
moved to continue the public hearing re: Proposed Regulation Amendment
#201000439, for the express purpose of receiving comment from the Planning
Commission. Commissioner Weisman
seconded the motion, and it carried unanimously.
b. Table of Permitted
Uses #201000465: 242-501 – Drive Through
Facilities into Commercial Zones.
The Chairman indicated that the same introduction for the prior public
hearing would be utilized for this application.
There were no objections. It was
also noted that there was no correspondence in the file related to the
application.
Vice Chairman Blessey recused himself from the following matter and
left the meeting at 8:42 p.m. At this
time, Alternate Commissioner Amorossi was appointed a Voting Member.
The definitions, locations, and uses allowed in various zones were
reviewed for Commissioner Amorossi. It
was noted that the change permits drive-throughs in the Town Center
District. Drive-throughs are currently
allowed in: IRC80/40, commercial, RC41;
and not allowed in any industrial zones or recreational services district, as
well as not in the VBD and IR80SE. With
the proposed change, they would not be allowed in any industrial district, and
would be allowed in the Town Center District.
Chairman Parker reviewed the findings of his research, including the
allowance of “walk-throughs”,
and concerns of trash, cars, and an environment not amenable to
pedestrians. Commissioner Amorossi noted
that the Commission’s decision should be limited to Town regulations and should
stimulate economic development.
There was discussion regarding the type of uses that would allow for
“smart growth”, and that the possible limitation of square footage could help
control business occupants. There was
further discussion regarding retaining a planner that specializes in
Village/Town/Business districts.
Secretary Lynch and Commissioner Lollie indicated they knew of some
possible individuals. There was
additional discussion regarding how to determine which fast food restaurants
should be allowed to do business in Town.
ZEO Schappert stated that Attorney Olson recommended that the Commission
develop a regulation for drive-throughs.
When doing the research of how other municipalities handle the issue,
ZEO Schappert collected a good deal of information regarding the purpose of
drive-throughs, how separation distances and stacking lanes can be handled, et
cetera.
Commissioner Amorossi
moved to continue the Public Hearing re: Table of Permitted Uses, #201000465,
to the July 22, 2010 meeting, for the purpose of receiving comment from the
Planning Commission only. Secretary
Lynch seconded the motion, and it carried unanimously.
7. Tabled
Items
No discussion/no
motions.
8. Informal Discussion
No discussion/ no motions.
9. Comments
of Commissioners
Chairman Parker stated that, at the request of the
Board of Selectmen, the signs at the Raymour and Flanagan shopping plaza at 14
Candlewood Lake Road, have been changed to read, “No
parking/No standing/No stopping”. Individuals
had been appealing parking tickets by saying they are “just stopping”.
10. Adjourn
Commissioner Amorossi moved to
adjourn the meeting at 9:10 p.m.
Commissioner Weisman seconded the motion, and it carried unanimously.
**Next Regular Meeting
Scheduled for July 22, 2010**