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05/14/2008 P&Z Regular Meeting Minutes
East Hampton Planning and Zoning Commission
                 Regular Meeting
                     May 14, 2008
       East Hampton Library Community Room

                   Unapproved Minutes

1.      Call to Order and Seating of Alternates:  Vice-Chairman Zatorski called the meeting to order at 6:32 p.m.
Present:  Vice-Chairman Ray Zatorski, Members 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, Jean D’Aquila were also present.
Absent:  Chairman Mark Philhower, Members Peter Aarrestad, Roy Gauthier, Kevin Reed, and Alternate Member Darin Hurne were not present.
The Chairman seated Alternate Members Brogan and Gosselin at this time.
2.      Read Legal Notice:  Mr. Dodes read the legal notice into the record.
3.      Public Hearing:
A.      Zoning Regulation Section 6.1 Amendment – Lot and Building Area and Dimensional Requirements, elimination of sewer density bonus.
Mr. Carey discussed the proposal which was made by this Commission to amend current Section 6.1, Lot and Building Area and Dimensional Requirements, to eliminate the sewer density bonus.  This amendment will eliminate the ability to have smaller lot size, setback area, and minimum lot coverage available to properties which have been connected to sewer.  This bonus has been available to all zones in Town.  *Attachment 1*
The major impact to the community will truly be in the R-1 Zone in terms of dimensional changes.  The setbacks will change dramatically.  The Zoning Board of Appeals does hear a large number of appeals in this zone in order to allow the owners functional use of properties that were created prior to our current zoning and subdivision laws.  Mr. Carey discussed that the goal of the Commission was to curtail the overdevelopment of lots.  He suggests that the Town’s Plan of Conservation and Development (POCD) and the State’s (POCD) should be considered while continuing to plan for these zones.
Mr. Carey explained that the Town’s R-2, -3, and -4 Zones are in compliance with the WPCA’s efforts to sewer and the State’s POCD definition of growth areas.  The State does lean toward sewer and public water for growth areas and on-site septic and wells for rural areas.  Mr. Carey discussed the areas of Town that are not currently in compliance with the POCD in this regard.
The Staff and the Commission discussed the appropriate way to proceed with this issue.  They also discussed the means by which area towns address the very same issue differently, for example multiple zoning.
Mr. Rux moved that the application be withdrawn by the Commission and addressed in the form of workshops.  There being no second, the motion failed.
Vice-Chairman Zatorski opened the public hearing at this time.
Wayne Rand, 50 Daly Road, stated that it would be alright to continue the public hearing without his commentary this evening.  He would make any comments he felt necessary at the next public hearing.
Don Martin, 31 South Main Street, discussed his concern over the issue of increasing lot size.  He believes that increasing the lot size requirement will encourage the area developers to use the high occupancy regulations to force the Town’s hand.
Jean D’Aquila, Town Attorney, recommended that the public hearing remain open until the next meeting.  At which time further comments may be addressed.
Mr. Rux moved to close the public hearing for the Zoning Regulation Section 6.1 Amendment.
After further commentary from Attorney D’Aquila regarding the importance of allowing the public hearing to run its proper course, Mr. Rux withdrew his motion.
Mr. Sennett moved that the public hearing for the Zoning Regulation Section 6.1 Amendment be continued to the next regularly scheduled meeting in June.  Mr. Gauthier seconded.  The motion carried (4-1-0).  (Yes votes:  Messrs. Brogan, Gosselin, Sennett, and Zatorski.  No vote:  Mr. Rux.  Abstentions:  None).
Mr. Sennett moved to continue the application for Zoning Regulation Section 6.1 Amendment to the next regularly scheduled meeting in June.  Mr. Gauthier seconded the motion.  The motion carried (4-2-0).  (Yes votes:  Messrs. Gosselin, Sennett, and Zatorski.  No vote:  Messrs. Brogan and Rux.  Abstentions:  None).
4.      Adjournment:  Mr. Rux moved to adjourn the meeting.  Mr. Sennett seconded the motion.  The motion carried unanimously.
The meeting adjourned at 7:04 p.m.
Respectfully submitted,

Daphne C. Schaub
Recording Secretary