East Hampton Planning and Zoning Commission
Regular Meeting
August 6, 2008
Town Hall Meeting Room
Approved 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 Peter Aarrestad, Roy
Gauthier, James Sennett, and Alternate Member Richard Gosselin were present. The Building, Planning,
and Zoning Administrator, James Carey, was also present.
Absent: Members Kevin Reed, Rowland Rux, Alternate Members Michael Brogan, and Darin Hurne
were not present.
Mr. Gosselin was seated at this time.
2. Approval of Minutes:
A. May 7, 2008 Special Meeting;
B. May 7, 2008 Regular Meeting;
C. May 14, 2008 Special Meeting; and
D. May 14, 2008 Special Meeting of All Land Use Boards.
Mr. Zatorski moved to approve the minutes of the May 7, 2008 Special Meeting, May 7, 2008
Regular Meeting, May 14, 2008 Special Meeting, and the May 14, 2008 Special Meeting of
All Land Use Boards as written. Mr. Sennett seconded the motion. The motion carried
unanimously.
3. Communications, Liaison Reports, and Public Comments:
Communications: There were no communications at this time.
Liaison Report: Mr. Zatorski had nothing to report from the IWWA at this time.
Mr. Sennett reported on the July 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 he had nothing to report from the EDC. The minutes are on file
in the Town Clerk’s Office.
Mr. Aarrestad reported that the Water Development Task Force held a meeting on July
23, 2008. The minutes are available for review in the Town Clerk’s Office. He also reported
on the Salmon River Watershed Partnership and its progress.
Chairman Philhower reported on the special meeting of the Chairmen of the Land Use
Boards that was held on May 14, 2008. Of interest to Mr. Philhower is the plan to prevent
unnecessary time and money expenditure by various agencies interested in writing various
regulations or ordinances. Prior to proceeding with the work involved in drafting these
new laws the agency proposing the law must bring the proposal to Jim Carey, who will notify
the relevant agency and begin the process to include the appropriate regulating authority in
the process. This will eliminate unnecessary effort if the regulating agency is not interested
in the proposal.
Public Comments: The Chairman opened the meeting to the public for comments at this time.
There being no comments, the Chairman closed the Public Comments portion of the meeting
at this time.
4. Set Public Hearing for September 3, 2008: None.
5. Old Business:
A. Discussion and Possible Action – P.O.C.D. Review: Mr. Gosselin reviewed the
revisions to the P.O.C.D., Implementation Table, and the Map to date. The
Commission confirmed the revisions being proposed.
Mr. Zatorski moved that a public hearing be scheduled for the P.O.C.D. review
including the adoption of the Implementation Table, map revisions, and
typographical corrections. Mr. Gosselin seconded the motion. The motion
carried unanimously.
B. Discussion - Open Space Subdivision: Mr. Carey explained that the department
is in a transitional stage at present. A new clerical person has been brought in
and a new building inspector has been added to the department. He requested
that this item be postponed until later in the month when a workshop session
would be very useful. The Commissioners agreed to schedule a special meeting/
workshop between the hours of 6 and 7 p.m. prior to the regular meeting on
September 3, 2008.
6. Read Legal Notice for Public Hearing: Mr. Zatorski read the legal notice into the
public record, correcting the date at that time. The date was incorrectly indicated on the
notice by the typist.
7. Public Hearings for August 6, 2008:
A. Adoption of Flood Insurance Rate Maps by Participating Communities, numbered
FEMA 495 and dated September 2005. Mr. Carey reviewed the amendment with
the Commission and those present. He explained that the State has fast tracked
this amendment by all the cities and towns in Connecticut. This is of great
importance to those people who need to participate in the federal flood insurance
program.
The Chairman opened the public hearing at this time. There being no comments
the Chairman called for a motion to close the public hearing.
Mr. Zatorski moved to close the public hearing for the adoption of the new flood
insurance rate maps. Mr. Gauthier seconded the motion. Motion carried
unanimously.
Mr. Zatorski moved that the adoption of the flood insurance rate maps be
accepted with the conditions that town staff review the highlighted and
bracketed entries to ensure accuracy and that the adoption be effective
August 20, 2008. Mr. Sennett seconded the motion. The motion carried
unanimously.
B. Zoning Regulation Section 6.1 Amendment – Lot and Building Area and
Dimensional Requirements, elimination of the sewer density bonus, continued
from May 14, 2008.
Chairman Philhower discussed the concerns brought up during the public
hearing. He discussed the state health code requirement of ¾ of an acre
for a lot serviced by a septic system and a well but the town wants to require
1½ acres for a sewed lot. He believes this will be extremely difficult to defend
when challenged in court.
Mr. Aarrestad discussed the need for guidance from the Health Director
regarding what the State actually requires. He also suggested that some towns
regulate this based on soil types. He reminded the Commissioners that at the
last meeting’s public hearing a rather divers group of the public was in agreement
about the need to exclude the R-1 Zone from this amendment.
Mr. Carey reported that the baseline data for the GIS is almost complete. He
explained that when that information is available it will be helpful and useful in a
public forum regarding this topic.
The Commissioners discussed the best means to address this issue. The Commission
requested that a special meeting/workshop be scheduled regarding this matter and
that staff provide information on how this issue is handled by neighboring communities.
The Chairman opened the public hearing on this matter at this time.
Wayne Rand, Manager of Skyline Estates, LLC., discussed the difference soils make in
the requirements for lot size.
Don Martin, 31 South Main Street, discussed his concern regarding the effect of this
change on all the zones. He believes it will encourage developers to use the H.O.D.
regulation. He would like to know what happened to the apartment zone in this town.
Ben Hall, 131 Lake Drive, questioned why the Commission would second guess a soil
test.
Mr. Zatorski moved to close the public hearing on the Zoning Regulation Section 6.1
amendment. Mr. Sennett seconded the motion. The motion carried unanimously.
Mr. Zatorski moved to withdraw the proposed Zoning Regulation Section 6.1
amendment and to schedule a special meeting/workshop to be held on September 10,
2008. Mr. Gauthier seconded the motion. The motion carried unanimously.
8. New Business: None
9. Adjournment: Mr. Zatorski moved to adjourn the meeting. Mr. Philhower seconded
the motion. The motion carried unanimously.
The meeting adjourned at 7:44 p.m.
Respectfully submitted,
Daphne C. Schaub
Recording Secretary
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