East Hampton Planning and Zoning Commission
Regular Meeting
May 7, 2008
Town Hall Meeting Room
Unapproved Minutes
1. Call to Order and Seating of Alternates: Chairman Philhower called the meeting to order at 7:00 p.m.
Present: Chairman Mark Philhower, Vice-Chairman Ray Zatorski, Members Roy Gauthier, Kevin Reed, Rowland Rux, James Sennett, Alternate Members Michael Brogan, and Richard Gosselin. The Building, Planning, and Zoning Administrator, James Carey; Town Planner, David Dodes; and Town Attorney, Janet Brooks were also present.
Absent: Member Peter Aarrestad and Alternate Member Darin Hurne were not present.
The Chairman seated Alternate Members Mr. Brogan and Mr. Gosselin at this time.
2. Approval of Minutes:
A. Special Meeting of April 2, 2008:
Mr. Gauthier moved, Mr. Sennett seconded, to approve the April 2, 2008 special meeting minutes as submitted. The motion carried unanimously.
B. Regular Meeting of April 2, 2008: These minutes were not available at the time of this meeting.
3. Communications, Liaison Reports, and Public Comments:
Communications: Mr. Carey distributed a handout, for Mr. Aarrestad, regarding the Salmon River Compact. Attachment 1
Mr. Carey requested that the application for 108 Colchester Avenue, John Graus and Kelley D’Aloisio be added to this evening’s agenda under Item 4.B to set a public hearing for the June 4, 2008 regular meeting.
Mr. Zatorski moved, and Mr. Brogan seconded, to add the application of 108 Colchester Avenue, John Graus and Kelley D’Aloisio, to agenda Item 4.B to set a public hearing for the June 4, 2008 regular meeting. The motion carried unanimously.
The Chairman reported that various publications are available to the Commission Members in the Planning and Zoning Office.
Mr. Carey informed the Commission that there would be a special meeting held on May 14, 2008 at 6:30 p.m. in the Community Room at the East Hampton Public Library. The topics to be covered would be a proposed amendment to Zoning Regulation 6.1 and the HOMEConnecticut Program.
Liaison Report: 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.
Mr. Sennett reported on the April 14, 2008 meeting of the ZBA. The minutes of this meeting may be reviewed in the East Hampton Town Clerk’s office.
Mr. Gauthier reported that the EDC did not meet in March.
Mr. Brogan reported that the Conservation Commission’s meeting was held on April 10, 2008 and they discussed a proposed fee in lieu of open space regulation. The minutes of this meeting may be reviewed in the East Hampton Town Clerk’s office. Chairman Philhower discussed the importance of the Open Space Maps the Conservation Commission had been tasked with and requested an update.
Pubic Comments: The Chairman opened the meeting to the public for comments on any item not on tonight’s agenda at this time.
Mary Ann Dostaler, 56 William Drive, discussed her understanding that the Conservation Commission budget narrative stated that the open space inventory and mapping had been completed in the prior year.
The Chairman and Mr. Carey indicated that they were not aware of that project having been completed.
4. Set Public Hearing for June 4, 2008:
A. Application of David Schuler, 160 Bear Swamp Road, for a re-subdivision – M~33/B 88/L 14.
B. Application of John Graus and Kelley D’Aloisio, 108 Colchester Avenue, for a Special Permit, Section No. 7.2.3, for a Roadside Stand – M 27/B 55/L 8.
Mr. Zatorski moved to schedule the Public Hearing for the Applications of David Schuler and John Graus and Kelley D’Aloisio for the next regularly scheduled meeting on June 4, 2008. Mr. Rux seconded the motion. The motion carried unanimously.
5. Old Business:
A. Application of Pelletier Development LLC, 37 South Main Street, Belltown Place for an Amendment to Zoning Regulations.
B. Application of Pelletier Development, LLC, 37 South Main Street, Belltown Place for a Zone Change from R-2/R-4 to H.O.D.
C. Application of Pelletier Development, LLC, 37 South Main Street, Belltown Place for Site Plan Approval of a 129 unit HOD.
Mr. Carey briefed the Commission on the status of these applications. The PZC’s public hearing for these applications was closed at the last regularly scheduled meeting on April 2, 2008 and the applications have been continued. He reported that the IWWA has also closed its public hearing and continued that application as well. Staff review and commentary are ongoing and will be provided to the members as soon as it is available. A draft index of documents submitted during the public hearing process was distributed. The following areas of concern are outstanding and were discussed: information on the gravel wetlands, drainage calculations, drainage patterns, status of public water supply, status of interveners, standards required by law, combination of
applications, and methodology for addressing each individually.
The Commission discussed the POCD and the compatibility of these applications with that plan. They expressed concern over the timing of submissions with the close of the public hearings and would like to consider the possibility of enforcing a firm submission deadline for future applications. The height of the buildings was discussed, as well as the calculation of the average grade. The requirement for sprinklers was discussed and the need for a full code review of the project.
Attorney Brooks provided a review of the Section 8-30g appeal process for the Commissioners information. She explained that the zone change was necessary because of the Town’s HOD regulation. Attorney Brooks provided the Commissioners with the following considerations for approval or denial: definitions of health, safety, and welfare; case histories of similar applications; and the role of the Department of Public Health in regard to the public water system proposed for the project.
The Commission discussed there concerns regarding the traffic report and requested a response from CLA specific to that report. Concern was raised over the boulevard style entrance and an emergency exit was discussed. The Commission discussed the pending determination regarding the requirement of a diversion permit.
Mr. Zatorski moved to continue the application to the next regularly scheduled meeting on June 4, 2008. Mr. Rux seconded the motion. The motion carried unanimously.
6. Legal Notice for Public Hearing: Mr. Dodes read the legal notice at this time.
7. Public Hearings for May 7, 2008:
A. Application of Peter Marlow Forest Products LLC, 162 East High Street, Special Permit for Timber Harvest – M 32/B 85/L 6 &6B. Mr. Peter Lesmerises, Licensed Forester of Guilford, Connecticut was present to represent the applicant. He explained that there are two landings proposed. One will be an existing driveway on East High Street and the other is an old landing from Bear Swamp Road. The Bear Swamp Road landing will be mulched and seeded at the completion of the harvest with a conservation mix. Trees will not be replanted. Water bars will be in place where needed. The trees have been marked. There will be approximately 600 trees, 200,000 board feet, removed. All trees to be harvested will be greater than 14 inches. The timber will be removed by skidder. The operation will take place this summer. There is an intermittent stream running through the property with a wet area alongside it. By employing the two landings there will be no crossing of the wetlands.
The landowner will be selling the tops for firewood. The tops will be stabilized and reduced to head level. The dominant species are different varieties of oak. This area was harvested before over twenty years ago. The IWWA did approve the application with conditions.
The Chairman opened the meeting to the public at this time. There was no public commentary.
Mr. Zatorski moved to close the public hearing. Mr. Sennett seconded the motion. The motion carried unanimously.
Mr. Zatorski moved to approve the Application of Peter Marlow Forest Products LLC, 162 East High Street, Special Permit for Timber Harvest, M 32/B 85/L 6 & 6B, with the following conditions:
1. Town staff must be notified prior to and upon completion of the harvest;
2. All appropriate best management practices must be utilized;
3. The landing pads must be reseeded according to best management practices and approved by Staff; and
4. All terms and conditions of the IWWA permit must be met.
Motion carried unanimously.
8. New Business:
A. Application of Michael Benard, 29 Skinner Street, CAB Skinner Development LLC, for a Site Plan Modification – M 32/B 50/L 1-5. Michael Benard was present to discuss the application. He explained that the intention of this application is to develop this parcel for outside storage. This parcel has not had a useful purpose for many years and there is a need for this type of operation in the area. The storage area would be fenced in and have video surveillance. There would be no allowance for on-sight maintenance or repair of vehicles. There would be on-sight management and no access after established
business hours.
Mr. Zatorski moved, and Mr. Rux seconded, to approve the Application of Michael Benard, 29 Skinner Street, CAB Skinner Development LLC, for a Site Plan Modification, M 32/B 50/L 1-5 with the condition that no on-sight maintenance or repairs be allowed on the premises.
B. Pre-Application Conference of Richard Hann & Newton Loos, White Birch Road Lots 1 & 3, Solar Farm. No one was present to represent this project.
9. Adjournment: Mr. Zatorski moved to adjourn the meeting. Mr. Sennett seconded the motion. The motion carried unanimously.
The meeting adjourned at 8:12 p.m.
Respectfully submitted,
Daphne C. Schaub
Recording Secretary
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