Zoning Commission Holds Hearing on Incentive Housing and Other Business

The Zoning Commission held a public hearing on Incentive Housing at their Thursday, September 16, meeting. The proposed Incentive Housing regulations would create an overlay district to encourage high-density, affordable units in areas in town that could support it, namely the Town Center District (TCD).

Incentive Housing differs from traditional Affordable Housing regulations in that only 20 percent of units have to be affordable, rather than 30 percent, and the median income level of Brookfield is used to determine income limits instead of the median income statewide. There is also a provision in the state statutes that would pay the town for the creation of the overlay district and all building permits issued therein, however funding for this initiative has not been set aside in Hartford, due to budget issues and outstanding debt obligations.

"I heard that the source of that income has a limited budget and that payments are not guaranteed," Hal Kurfehs, chair of the Economic Development Commission (EDC), said.

"There is no budget, it doesn't exist right now," Zoning Vice-Chairman Ryan Blessey, who chaired the meeting in the absence of Chairman Stanley Parker, said.

"What we're trying to do is take advantage of the state regulations without going through the state protocols," Commission member William Mercer explained. "What we're doing is putting in an Incentive Housing District for ourselves, basically."

Land use attorney and local developer Peter Scalzo, who spoke in favor of the regulations, explained why Incentive Housing was preferable over Affordable Housing, both to developers and to the town. With Affordable Housing applications (3-80G), "The developer is going like this with hands," Scalzo said, wringing his hands in a dastardly way, "because they know that they can violate your zoning statutes."

Under Affordable Housing applications, so long as the applicant meets the density and income requirements, there is little the Commission can do to control the design, placement and other specifics. "This 8-13 [Incentive Housing] is now a legislative response to 8-30G and the town outcry," Scalzo explained. "In my opinion as a land use attorney, it'd be crazy for this town not to adopt this regulation. I was trying to think of a downside for this for the town, and I just can't think of one."

The overlay district would not be restricted to the TCD, however it is currently the only section of town that meets all the requirements for municipal water and sewer and access to public transportation. "The TCD zone is a perfect zone to do this in because it has public water and sewer," Scalzo continued. "There are aspects now that you can actually control that you couldn't before."

Echoing Scalzo's remarks, Kurfehs and First Selectman Bill Davidson both supported the initiative. No one of the public attended to speak in opposition.

The hearing was left open to continue receiving comments and because Blessey wanted to hear Parkers comments, as "he's got a lot invested in this and I think it's only right to leave it open for his comments as well."

Other Business

Response from Legal Counsel: The Commission sent a correspondence to the Board of Selectmen (BOS) requesting action on the part of Town Counsel, who the Commission has asked to respond to six outstanding zoning enforcement issues. The Commission previously requested that the information be submitted to the Land Use Department by Monday, September 13, but as of their Thursday meeting nothing had been received.

"They had asked for more time because two or three of [the issues] were in foreclosure action," Community Development Specialist and former Zoning Enforcement Officer Bill Schappert explained.

"I don't think it's unreasonable to have the selectmen request some sort of update," Blessey said, "We just want a response."

Voting alternate Richard Amorossi noted that the earliest infraction dates back to August 2009 and that all but one were cited in 2009.

Working from Home: A customary home occupation was approved for 5 Fernbrook Drive to allow the homeowner to sell fishing and sports equipment on eBay. Most of the merchandize is being stored at the owner's parents' house in Trumbull and he estimated that the total square footage of his business equaled the size of his desk: 3x5, or 15 square feet. The Commission approved his application unanimously.

Elderly Conversion: An elderly conversion was approved for 11 Red Barn Lane to add an in-law apartment to the rear of the house. It will be one-story, reconfiguring the existing garage and merging into the roofline.

A public hearing will be held at the Commission's next meeting on Thursday, September 23, to consider comments on removing elderly conversions from the public hearing process. Instead, the Commission will hold informal hearings and require the homeowners to inform their neighbors.

For Sale by Owner: The Commission had a discussion at the end of their meeting about selling vehicles on front lawns. The zoning code specifically states that all vehicles — cars, boats or trailers — must be in designated paved parking spaces and cannot be parked on lawns.

The issue arose after a resident sent in a complaint saying that their neighbor kept a boat for sale on the front lawn that was interfering with their view. Amorossi spoke up, claiming that the right to sell your car or boat on your front lawn is the right of a property owner.

"The sale of vehicles on your property is pretty common place," he said. "Certainly there is a need for it, it's one of the most acceptable ways of letting people know that this car is available for sale," he added, stating that it is common practice nationwide.

"There are people that put a for-sale sign on their cars with no intention to sell it," voting alternate Matt Grimes said, "just to park it on their front lawn." Mercer concurred, stating that it is not uncommon for people to skirt the law in this way, especially with boats and trailers.

"We're trying to solve a problem with this," Blessey said, "but let's think about another way to solve it." He asked the Commission to consider implementing something akin to what the Land Use Office does for tag sales: loaning out the tag sale signs on deposit ($15) in order to have the signs returned and not left to clutter the town's roads and intersections. "What I'm thinking is we give them a sign for the car," Blessey said. "That way we know they're doing it and they know we're watching them."

The Commission did not come to a conclusion Thursday night, but took the discussion as food for thought until their next meeting.