East Hampton Planning and Zoning Commission
Regular Meeting
February 6, 2008
Town Hall Meeting Room
Minutes
1. Call to Order and Seating of Alternates: Chairman Philhower called the meeting to order at 7:00 p.m. Messrs. Hurne and Gosselin were seated as voting members at this time.
Present: Chairman Mark Philhower, Vice-Chairman Ray Zatorski, Members Peter Aarrestad, Roy Gauthier, James Sennett, Alternate Members Richard Gosselin and Darin Hurne. Town Planner David Dodes was also present.
Absent: Members Kevin Reed, Rowland Rux, and Alternate Member Michael Brogan.
The Chairman announced at this time that the public hearings scheduled for this meeting for Pelletier Development, Belltown Place, Items 6.c, 6.d, and 6.e will not be held tonight due to the applicant’s failure to properly sign the property and notice the abutters.
2. Approval of Minutes:
· Regular Meeting of January 2, 2008:
Mr. Zatorski moved, Mr. Gauthier seconded, to approve the January 2, 2008 regular meeting minutes as submitted. The motion carried unanimously.
· Special Meeting of January 16, 2008:
Mr. Zatorski moved, Mr. Aarrestad seconded, to approve the January 16, 2008 special meeting minutes as submitted. The motion carried (6-0-1. (Yes votes: Philhower, Aarrestad, Gauthier, Gosselin, Hurne, and Sennett. No votes: None. Abstentions: Rux.)
3. Communications, Liaison Reports, and Public Comments:
Communications: Mr. Dodes distributed a copy of a letter that appeared in the Rivereast regarding an action taken be the PZC previously.
Chairman Philhower reported that he has received the Connecticut Federation of Planning and Zoning Agencies quarterly newsletter. It is available if anyone is interested.
Liaison Report: Chairman Philhower announced the need for liaisons to several areas in East Hampton’s government. The liaison are as follows: Mr. Philhower is liaison to the Town Council, Mr. Aarrestad is liaison to the Water Development Task Force, Mr. Zatorski is the liaison to IWWA, Mr. Sennett to ZBA, Mr. Gauthier to EDC, Mr. Brogan, as member of the Conservation Commission, will be the Liaison to the Conservation Commission.
Mr. Sennett reported that the January meeting of the ZBA was cancelled.
Mr. Gauthier reported that the EDC rescheduled their meeting in January.
Mr. Zatorski reported that the IWWA report will be covered during the regular course of the meeting as the items come up on the Agenda.
Vice-Chairman Aarrestad reported that the newly revised Water Development Task Force met for the first time this past Friday. Their meetings will take place at 7:00 a.m. every other Friday. It will be chaired by the Council Chairman Melissa Engel. Councilman Tuttle is also on the Task Force. Mr. Aarrestad thanked Chairman Philhower for asking him to represent P&Z. Other members on the Task Force are Bob Heidel, Mark Barmasse; and John Hanson. He explained that the immediate concern of this task force is to address the DPH consent order for the Village Center water system.
Chairman Philhower thanked Mr. Aarrestad for taking the time to devote to the Water Development Task Force.
Chairman Philhower also thanked the Town Council for filling the vacant seats on the Planning & Zoning Commission for the first time in two years.
Pubic Comments: The Chairman opened the meeting to the public for comments on any item not on tonight’s agenda at this time.
Vice-Chairman Zatorski thanked Commissioner Aarrestad for the presentation he made at the Lake Pocotopaug Conference. Mr. Aarrestad referred all interested to the Lake Commission’s link on the Town Web Site for additional information regarding this informative conference.
a. Hardin Estates LLC, Anderson Way, for a Site Plan modification to the Sub-Division Approval to Eliminate a Fence – M 05/B 2/L 5A-RD:
Wayne Rand, Manager of Arden Estates, LLC, was present to discuss the elimination of a requirement for a fence at Arden Estates. He explained that they are ready to turn this road over to the Town but there are a few remaining items on the punch list. One of them is a fence around a detention pond, which the neighbors do not want. He discussed the history of fences around detention ponds in town and explained that the property owner was willing to assume all liability for the detention pond, if the fence was eliminated. They would also be willing to have the deed changed to reflect such responsibility and Arden Estates, LLC. would reimburse the town for any expense it incurs in this transaction.
Mr. Aarrestad asked for clarification regarding responsibility for maintenance of the detention pond.
Mr. Rand clarified that in speaking with Town Staff it became clear that any responsibility for the detention pond would be returned to the property owner if the requirement for the fence were to be eliminated.
Mr. Zatorski discussed his concerns that the detention pond had been designed into the development by the engineers to address the drainage needs of the subdivision. With that in mind, and the property owners stated desire to fill in the pond, he is reluctant to eliminate the fence.
Mr. Rand agreed completely that the detention pond is necessary for the subdivision.
Mr. Aarrestad stands by his statement that for public safety and other reasons a fence is not necessary but in light of previous comments by the property owner the fence my be the only thing that can prevent the detention pond from being filled in.
Mr. Philhower agrees that the fence is probably not necessary but it is concerning that the homeowner has indicated a great desire to fill it in. He believes the Town should retain responsibility for the pond.
Mr. Gauthier discussed the property owner’s concern that the area was still littered with construction debris.
Mr. Rand explained that any work to be done in the area would be completed before the Town is asked to accept the roads and detention ponds.
Ray Kegley, property owner 1 Anderson Way, was present and explained that he and his wife realize now that the pond is necessary and they are no longer interested in filling it. They do want to see it cleaned up and are very interested in having the requirement for the fence eliminated.
The Commission discussed the liability issues regarding fencing and not fencing the area. Mr. Dodes suggested contacting the town attorney. Mr. Philhower advised the developer to complete the list of items necessary prior to turning the property over to the Town and the item will be addressed again at the time that the developer is ready to ask the Town to accept the road and detention ponds.
b. Champion Hill Road: Mr. Dodes explained that the report would be available at the next meeting.
4. Old Business:
a. Application of East Hampton Parks and Recreation Department, 60 North Main Street, Sears Park Improvements – for improvements to the municipal boat launch and surrounding area, M 4A/B 63/L 20: Ruth Plumber was present to discuss the application. The application is to renovate the Sears Park Boat Launch driveway. Construction will take place from the entrance on North Main Street to about 2/3rds of the way down the driveway. The plans have been reviewed by CLA Engineering’s soil scientist regarding runoff into the Lake and
phosphorous loading. All impervious surface will be replaced with gravel, which will be the only thing brought in. A curtain drain with a filter and no pipes or storm drains will be installed around the perimeter of the parking. The biggest change to this area will be the creation of two-way traffic and pull-through parking for vehicles towing boat trailers. IWWA has approved the project with only the standard general conditions. The Lake Commission has reviewed the project and passed on favorable commentary.
Mr. Zatorski read a letter from CLA Engineers dated November 12, 2007 into the record.
Mr. Zatorski moved to approve the application of East Hampton Parks and Recreation Department, 60 North Main Street, Sears Park Improvements for improvements to the municipal boat launch and surrounding area, M~4A/B~63/L~20 for the following reasons: this is an improvement to Sears Park, which has been reviewed and approved by Town Staff and CLA; these improvements have been designed in accordance with the DEP 2004 Manual and will improve the quality of the water draining into the Lake. Mr. Aarrestad seconded the motion. The motion carried unanimously.
5. Legal Notice for Public Hearing: Mr. Dodes read the Legal Notice at this time.
6. Public Hearings for February 6, 2008:
a. Application of Robert P. Neubig, Corner of Middletown Avenue and Young Street, 4-Lot Residential Subdivision, M 20/B 51/L 6, Continued from the January 2, 2008 P&Z Meeting: Tim O’Connell, Juliano Associates distributed revised plans to the Commission and explained that the Chatham Health District had requested changes to the septic system well location. They requested an additional deep test pit, which was done on Monday, February 4, 2008. The results were received on Tuesday, February 5, 2008 and are included on this plan.
Mr. O’Connell explained that he has received an approval for this application from the IWWA. The Conservation Commission reviewed the plans and has issued favorable commentary.
Chairman Philhower questioned the area to be included in the conservation easement on the corner of Young Street and Middletown Avenue. Mr. O’Connell explained that 3.99 acres of that parcel will be placed in a conservation easement and the parcel will remain in the ownership of Daniel S. Miller. It is not considered a building lot. It is entirely wetlands and would not be buildable. No lot line would be changed at this time. It is connected by proximity to other land owned by Mr. Miller. Chairman Philhower expressed his concern that unless this parcel is deeded as part of the original piece in Mr. Miller’s possession it will be a lot of record because it is part of the subdivision.
Mr. Dodes explained that he has discussed this issue with the Town Attorney. The attorney has advised that if the Commission chose to approve this subdivision, the area in question, which will be the remaining land of Mr. Miller, may be designated “not an approved building lot” on the final mylar map of the subdivision.
Mr. Zatorski expressed his concerns for the area and the areas surrounding this location regarding exposure to severe environmental problems. He briefly explained where his information came from and questioned whether any environmental work has been done on this property. It has been determined that there is a pollution issue directly upstream. He believes that it would be remiss for this Commission, especially since dwellings would be developed here, not to request some type of environmental investigation as to volatile organic chemicals (VOCs).
Mr. O’Connell reported that no tests have been done because they have had no indication from any of their findings that anything was unusual. The site has been walked extensively. They have done two dozen deep test pits for the septic systems. There has been no indication of dumping. He is not aware of anything upstream.
The Commission explained that there is a documented industrial waste site immediately upstream from this location. Heavy metals, arsenic, lead, mercury, and the metals that were cut and used in the foundries, as well as trichloroethylene, and benzene were all used and found upstream. A significant segment of Pocotopaug Creek is considered an impaired water body. Directly across Route 16 from the subject property has also been documented with serious levels of industrial waste. Other property upstream of the subject property has been labeled as a “generator”. A “generator” is a property that feeds chemicals into the watershed. There have also been other properties downstream of the “generator” which never had industry related to them,
except for their proximity, which require remediation when they were being redeveloped.
Chairman Philhower explained that he would request that tests be done to prove that the wells sunk here would produce potable water and that the soils are not contaminated. If the P&Z allows this subdivision to go through without investigating it, the responsibility will lay with the Town for providing water to this development.
The Chairman opened the meeting to the public at this time.
Mary Ann Dostaler, 56 William Drive, acknowledged and appreciates the Commission for the insight they possess to be able look at this site plan and recognize the potential environmental hazard that is most likely in existence on this property. She explained that the property referred to earlier, corner of Route 16 and Skinner Street, has been identified as a known Brownsfield site. She stated that the Connecticut Transfer Act may work differently for residential property but if this were a commercial property any transfer of property would have to follow the Connecticut Transfer Act.
Bob Bair, 108 Middletown Avenue and 1 Young Street, explained that he has been in the area a long time and he has noticed that on his side of the road there are fish in the creek and on the other side of the road there is nothing. He hoped not to see someone move in this area and have water problems and get sick. He also questioned the length of driveways allowed in town.
Mr. Gauthier moved to close the public hearing. Mr. Zatorski seconded the motion. The motion carried unanimously.
Mr. Zatorski moved to deny the application of Robert P. Neubig, Corner of Middletown Avenue and Young Street, 4-Lot Residential Subdivision, M~20/B~51/L~6 without prejudice. Mr. Hurne seconded the motion. The motion carried unanimously.
b. Application of Dr. George Mantikas, 142 East High Street, Special Permit under Section 29 (Design Development Zone), Section 7.9 , and Section 7.12 (Lake Pocotopaug Protection Area) of the Zoning Regulations for a Proposed Medical Office Building, M 32/B 85/L 5D-A: Robert Baltramaitis, licensed professional engineer, was present to represent the applicant. Mr. Baltramaitis reviewed the application with the Commission. He distributed site and development plans for the project. He explained that the applicant is proposing a 17,703 sq. ft. professional office building. It will be fitted specifically for medical and
dental practitioners. He explained that due to a problem with notification the application up through the last regular meeting has been withdrawn. A new application has been filed and all the proper notifications have been made. In 2002 this project was first viewed as part of the Laurel Ridge Active Adult Community. The total parcel area was approximately 34 acres in size. It was an open space subdivision. Approximately 16.5 acres were designated as open space. This subject parcel was a 2.5 acre parcel cut out of the 34 acres for future commercial development. In July of 2007 the applicant meet with this Commission again for a preliminary discussion. The main comment at that workshop meeting was the concern for the appropriate buffers. With that in mind the site plans were submitted in the form of the original application in October. He explained that the requests made at that preliminary discussion have been
accomplished without sacrificing parking space.
Mr. Baltramaitis described the property. There is a wetland, approximately 1500 sq. ft., in the northeast corner. There is also a wetland at what will be the northeast corner of the building, approximately 550 sq. ft., which will be relocated to just north of its present location. The IWWA unanimously approved the project with conditions. The Conservation Commission made several recommendations in November that have been incorporated into this plan. In December they strongly suggested that the Town’s environmental/lake consultant, ENSR, review the project, which has been done. Mr. Baltramaitis distributed Traffic Impact Study, which has not changed, and The Engineering Report, which was revised January 28, 2008.
Mr. Baltramaitis directed the Commission to the Environmental Report by REMA Ecological Services and ENSR’s response to REMA’s report. He explained that after much discourse Dr. Wagner of ENSR is comfortable with the projections as prepared by REMA and has found them to be acceptable and represent no net increase in phosphorous loading to the Lake.
Mr. Baltramaitis explained that he will prepare a Storm Water Management Plan, which will include a maintenance plan, for the owner of the building. This is a condition of the IWWA for this project.
Mr. Baltramaitis reported that the parcel is exactly 2.5 acres. The total building square footage is 17,703. The footprint is 6,812 sq. ft. This will be a 2.5 story building. The total impervious coverage is approximately 42% of the total acreage. The number of parking spaces is 63 on-site spaces, four of which are ADA accessible. This meets the Town’s parking lot requirements.
The applicant is asking for a series of waivers. Most of the waivers relate to the fact that the bulk standards are written for a five-acre minimum parcel size. However, due to conflicting zoning regulations, this is a 2.5 acre parcel. With half of the required parcel size, the applicant is asking for 50% reductions of some of the bulk standards.
The Chairman responded that the Commission is aware that there is a problem with the way the Zoning Regulations determine the bulk standards.
Mike Callahan, registered professional engineer, was present to discuss mechanical, plumbing & electric engineering plans for the building, including lighting for the site. Mr. Callahan presented drawings that will demonstrate the lighting layout. This drawing is part of the site plan which has been submitted. He overviewed the design and manufacturer’s specification sheets.
Jon MacFarlane, JWM Architects, was also present for the applicant. He reported that he met with the Design Review Board. All of the DRB’s requests and suggestions have been accommodated which the exception of sidewalk across the access drive to the site connecting what was believed to be a sidewalk from Laurel Ridge. However, there is no sidewalk from Laurel Ridge out to Route 66. Laurel Ridge has constructed a decorative wall at the border of their property. In order to place a sidewalk, the wall would have to be removed.
The Commission requested that the Town Planner obtain and review the mylar of the original site plan for the Laurel Ridge project and determine whether a sidewalk between the two properties was required.
The Chairman opened the meeting up to the public at this time.
William McDonald, 120 Laurel Ridge, was present to speak in favor of the Laurel Ridge Community and the subject application. He highly approves of this project and strongly urges this application be approved.
Tom Wells, North Main Street, spoke to his concerns regarding REMA’s phosphorous calculations. He is concerned that the road should not be included in the pre-existing conditions calculations. He explained that by including the road in the calculations the figures are distorted and suggested that a policy should be adopted for future applications.
Mary Ann Dostaler, EDC Chairman, expressed EDC’s support for the applicant. EDC believes this project will be an asset to the community.
Mr. Zatorski expressed his interest in keeping the public hearing open. He believes the following items are outstanding: a Storm Water Management Program, a Site Plan Mylar including information on the sidewalk, a list of the requested waivers, and an opportunity for the Commission to review the REMA report including Mr. Wells’s concerns.
Mr. Aarrestad expressed his tentative concerns for a request to waive Section 7.9.2.g. to allow a 20’ side setback rather than the required 40’ setback. He explained that the bulk table for a commercial lot requires a 25’ setback. Every zone in town, with the exception of the R-1 zone with sewer, the PO/R zone, and the VC zone, requires in excess of 20’. A commercial lot only needs to be 40,000 sq. ft. with a 25’ setback. He suggests that the tightest areas might be revisited to include a minimum of 25’.
Mr. Sennett expressed concern regarding a waiver to increase the building height to over 50’.
Mr. Baltramaitis explained that only a portion of the ridgeline requires a waiver. The majority of the building is at 50’ at the highest point. The waiver is required because of the topography of the lot and the average used to calculate the height.
Mr. Aarrestad returned to his concerns regarding the waiver for the sideyard and has reviewed the planting plan. The double row of white pine as specified in the plan does go a long way in addressing his concerns about the buffer. Mr. Baltramaitis agreed to revisit this area and attempt to make any improvements he can.
Mr. Zatorski moved to continue the pubic hearing for this application until the next regularly scheduled meeting of March 5, 2008. Mr. Sennett seconded the motion. The motion carried unanimously.
Mr. Zatorski moved to continue the Application of Dr. George Mantikas, 142 East High Street, Special Permit under Section 29 (Design Development Zone), Section 7.9 , and Section 7.12 (Lake Pocotopaug Protection Area) of the Zoning Regulations for a Proposed Medical Office Building, M 32/B 85/L 5D-A, to the next regularly scheduled meeting on March 5, 2008. Mr. Gauthier seconded. The motion carried unanimously.
7. New Business: None.
10. Adjournment: Mr. Zatorski moved to adjourn the meeting. Mr. Aarrestad seconded the motion. The motion carried unanimously.
The meeting adjourned at 9:07 p.m.
Respectfully submitted,
Daphne C. Schaub
Recording Secretary
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