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She told the 15 people in attendance that the members have to make "fact-based" decisions based on whether an application meets the regulations and cannot approve an application because "it would be good for Brookfield" or "someone has been a good neighbor."
In an interview after the forum, she said that "over the last several months people talk about zoning in ways that don't conform to the regulations."
Her board has taken on a higher profile over the last two-and-a-half years as there have been two efforts to build a commercial development on the 37-acre cornfield on Junction Road.
Costco, which has had a facility at 200 Federal Road for many years, withdrew its application in February, apparently because it didn't believe that the Zoning Commission would approve it. In late August, the commission approved an application for a 128,000-square-foot retail development for the same parcel that was submitted by 401 Federal Road LLC. That proposal still needs to be approved by the State Traffic Commission.
Zoning Commission Secretary Raymond Murphy said that over the last 12 years 51 commercial applications have come to the panel for design review and that 46 were approved, three were denied and two were withdrawn.
His remarks were apparently in response, in part, to comments by some residents in recent months that the commission has been resistant to business development in Brookfield.
Land-use enforcement officer Bill Schappert, a former longtime chairman of the Zoning Commission, said that only a tiny percentage of the cases through the years on residential, industrial or commercial applications have been determined by the Superior Court following an appeal by an applicant.
Ms. Fox said in response to a question by Joe Emond, a member of the Board of Selectmen's ad-hoc committee on ethics issues, that the members recognize that a decision could result in a lawsuit that is submitted to the Superior Court and that a town attorney would have to represent the commission.
"That is the price of doing the right thing," she said regarding making fact-based decisions according to the regulations.
Donald Groff, a geologist, told the commission that he believes that some of its maps might need to be updated, particularly related to flood-plain issues and soil conditions.
On another topic, Ms. Fox said that under the state statutes, the municipal Zoning Commission cannot regulate some activities, such as, for example, the siting of telecommunications towers and projects that come under the jurisdiction of the Federal Energy Regulatory Commission (FERC).
The FERC made decisions in recent years on the construction of a natural gas compressor station near High Meadow Road that generated controversy because of its proximity to a residential area and to Whiisconier Middle School.
Two of the candidates for first selectmen in next Tuesday's municipal election, Democrat Bill Davidson and Republican Bill Tinsley, have said that they believe the zoning regulations need to be revised, particularly in the emerging 198-acre Village District business center near the Four Corners intersection of Federal Road.
They have indicated that the regulations should allow for an opportunity to provide more residential space in that area, which would provide foot traffic along the proposed pedestrian-friendly streetscape.
Board of Finance Chairman, Ernie Nepomuceno, a petitioning candidate for first selectman, attended this week's zoning forum. He has questioned whether a higher density of housing in the Village District would be consistent with the New England flavor that municipal officials have envisioned for that area.
The municipal Economic Development Commission has attempted to seek new regulations for the Village District for more than two years.
It is expected to make another presentation to the Zoning Commission next month.
The issue is apparently taking on greater importance because the 2.1-mile Route 7 bypass will probably open for traffic within weeks. It will reportedly reduce the average number of vehicle trips through the Four Corners from 30,000 to 7,000.
The Greater Brookfield Chamber of Commerce has said that there are about 66 current businesses in the immediate area that are concerned about a lower volume of sales as a result of the smaller traffic flow.
Municipal officials have envisioned the Village District as becoming an economic hub for the town.
Mr. Davidson also has called for the town to hire a municipal planner who would coordinate activities between the applicants and the land-use agencies.
Local developer Dennis Stone said the addition of a planner has been very successful in some towns, such as Ridgefield, but has had less effectiveness in some other municipalities.
Mr. Schappert said in an interview that he supports initially having a planner on a consulting basis for certain projects instead of hiring someone on a full-time basis.
"Rome wasn't built in a day," he said.
Ms. Fox said in an interview that the people seeking to hire a town planner need to provide more specifics on "what is it that you want him to do" and "what is the performance plan going to be" to evaluate the person's effectiveness.
She said a larger concern is the lack of staffing in the land-use office in the town hall that handles work for the Planning, Inland Wetlands and Zoning commissions.
"There are just not enough people to answer the phones, file the papers and handle the applications that come in," Ms. Fox said.
