East Hampton Planning and Zoning Commission
Regular Meeting
September 3, 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 (7:19 p.m.), Members
Peter Aarrestad, Kevin Reed (7:21 p.m.), Rowland Rux, James Sennett, Alternate Member
Michael Brogan, Richard Gosselin and Darin Hurne were present. The Building, Planning,
and Zoning Administrator, James Carey, was also present.
Absent: Member Roy Gauthier was not present.
Messrs. Brogan and Gosselin were seated.
2. Approval of Minutes:
A. June 4, 2008 Regular Meeting: Mr. Sennett moved to approve the minutes of the
June 4, 2008 Regular Meeting as written. Mr. Zatorski seconded the motion. The
motion carried unanimously.
3. Communications, Liaison Reports, and Public Comments:
Communications: Mr. Carey reported that the new Town Manager, Jeff O’Keefe had
planned on attending this meeting; however was called away unexpectedly. He has
indicated that he will be at the next PZC meeting. If anyone is interested in meeting
with him they should give his office a call and Mr. O’Keefe will be happy to see them.
Liaison Report: Mr. Sennett reported that the ZBA did not have a meeting in August.
Mr. Aarrestad reported that there had not been recent meetings of the Water Development
Task Force. He reported that work is continuing on the Village Center Water System.
Mr. Brogan reported that the last scheduled meeting of the Conservation Commission was
cancelled due to lack of a quorum. He explained that there is a shortage of members currently
on the Commission. There have been some applications to sit on the Commission made
recently and hopefully there will be appointments shortly.
Mr. Carey reported that the IWWA did not meet in August because there were no items
on the Agenda.
Public Comments: The Chairman opened the meeting to the public for comments at this time.
Mary Ann Dostler, 56 William Drive, reported that she attended the last Council meeting and
they did appoint three new members to the Conservation Commission.
There being no further comments at this time, the Chairman closed the Public Comments portion
of the meeting.
4. Set Public Hearing for October 1, 2008: None.
5. Old Business: Mr. Carey reported that regarding the P.O.C.D. there is a new state
statute which indicates that any proposed changes, additions, or deletions to the
P.O.C.D must be delivered to the regional planning agency 35 days in advance of
the public hearing. Originally, he had intended to slate the public hearing for this
evening but we had not notified Mid-state Regional Planning at least 35 days in advance.
Mr. Gosselin moved that the Commission authorized staff to submit the revision to the
P.O.C.D. to the Mid-state Regional Planning, the Town Council, and to hold a public
hearing at the PZC’s regularly scheduled meeting in November. Mr. Rux seconded
the motion carried unanimously.
Mr. Carey explained that the statute requires that Council to be provided with the
revisions to the P.O.C.D. after it is approved by this Commission. It will be sent to
the Council now as a preview. After we approve the revisions formally and send it
to Council, they have 45 days to respond. Failure to respond means they approve of
the revisions. If they make comments or recommend changes to the revisions, the
Commission will either hold another public hearing or those comments may be overruled
by a two-thirds vote of the Commission.
6. Read Legal Notice for Public Hearing: None.
7. Public Hearings for September 3, 2008: None.
8. New Business:
A. Pre-Application Review, Wayne Rand, Highland Terrace, 2 Lot Re-Subdivision,
M~ 18/B 44/L 236-1:
Chairman Philhower and Mr. Rux recused themselves from the meeting at this time.
The position of Chair was turned over to Mr. Sennett.
Wayne Rand, Manager of Skyline Estates, was present to discuss his options for
this piece. He explained he had originally planned the project the way he did because
they had an option on another 40 acres to the north of the current subdivision. They
have dropped that option. The WPCA and IWWA have approved this plan to include
one lot at this location. Now that they have dropped the option on the additional 40
acres they would like to return to the two lots in the area. However, cul-de-sacs cannot
exceed 1500 ft or service greater than 20 lots. He sees that he has three options. The first
is to have two flag-lots which would require a street length waiver. This has been a problem
in the past because with the required recusals of members he is unable to get six votes
necessary to grant the waiver. The second option is to put the road in anyway. The third
option is to move lot lines around. This is clearly not the ideal option for various reasons
which were discussed.
The Commission discussed all the options and agreed that the 2-lot re-subdivision with a
road length waiver is the most reasonable option. Mr. Rand discussed the Commissions
input and will continue conversations with the necessary people regarding proceeding
with this in the form of an application.
Mr. Sennett turned the meeting to Vice-Chairman Zatorski who arrived recently. Chairman
Philhower and Mr. Rux returned to the meeting.
B. Pre-Application Review, Matthew Willis, 19 & 23 Lake Drive, Proposed Text Change,
M 3A/B 4C/L 18, 28, 59.
Mr. Zatorski turned the meeting over to Chairman Philhower. Chairman Philhower
unseated Messrs. Gosselin and Brogan as the regular members were now in
attendance.
Matthew Willis, Attorney with Branse, Willis & Knapp, was present to discuss the
project with the Commission. Bill Manafort was also present. He explained that the
parcels have been used as a restaurant, hotel, and residence with a garage. There is
also a piece of land on the lake side of the road. The intention is to take these parcels
and create something more attracting, less non-conforming, and economically viable.
Mr. Willis described the plans for the Commission.
Rick Stab, Architect, Old Lyme, CT, was present to discuss the plan and presented
an elevation of the proposal. He described the project at length.
Mr. Carey explained that after speaking with the applicant he believes the way to
proceed with this project is to utilize Section 16.7 of the Zoning Regulations to
convert these parcels into another not more non-conforming use by applying
for a special permit. The applicant has proposed a specific regulation to allow
for this change.
The Commission discussed the options for this project. They would prefer to
discuss this project under Section 16.7 rather than changing a zoning regulation.
The Commission further discussed with the owners options to improve and
remediate these parcels. The Commission discussed their interests in seeing
this project proceed.
9. Adjournment: Mr. Zatorski moved to adjourn the meeting. Mr. Rux seconded the
motion. The motion carried unanimously.
The meeting adjourned at 8:10 p.m.
Respectfully submitted,
Daphne C. Schaub
Recording Secretary
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