PLANNING BOARD
MAY 12, 2004
MINUTES
Members Present: Howard Sandler-Chairman, Kevin Holland-Vice Chairman, Leslie Ann Morse-Clerk, Debbie Abbott, Michael Cole, Peter McDonald, Craig Nightingale, Tim Klink-Alternate and Frank Salomone-Alternate
Members Absent: All Present
Staff Present: Terry Whalen - Town Planner
Mr. Sandler (Chairman) called the meeting to order at 7:00 PM.
Approval Not Required:
CASE PB#2004-16 - VINCENT DeVITO/ARLINE COSIGLIO, 60 Bishop Road, Eastham, Map 08 Parcel 006 & CASE PB#2004-17 - VINCENT DeVITO/ARLENE CONSIGLIO/KENNETH HIGGINS - 60 Bishop Road, Eastham, Map 08 Parcels 006 & 007.
Chet Lay (Surveyor) presented an overview of the request to reconfigure two existing lots resulting in one new lot. Since the proposal includes both Registered and Unregistered Land, two separate plans were filed.
A MOTION was made by Ms. Morse, seconded by Mr. Nightingale to endorse the ANR plans PB#2004-16 & 17. VOTE: Unanimous (7-0): Sandler, Abbott, Cole, Holland, McDonald, Morse, and Nightingale
Mr. Klink and Mr. McDonald recused themselves from deliberating on Cases PB#2004-06 & 07
Continued Hearing - Residential Site Plan Approval
CASE PB#2004-06 - HVM HOLDINGS, LLC / LAND CAPE INC., 5 Deer Trail Road, Saddle River, NJ 07458, request Residential Site Plan Approval under Eastham Zoning By-Laws Section XIV, to construct new two-story residential dwelling, resulting in Site Coverage exceeding 3,000 sq. ft. for property located at 90 Blueberry Drive, Eastham, Map 21 Parcels 44 & 45.
CASE PB#2004-06 - HVM HOLDINGS, LLC / LAND CAPE INC. (continued)
Ben Zendher (Attorney) presented revised house plans, pointing out removal of intrusion into setbacks, eliminating the need for the project obtaining ZBA approval. The Chair asked for Public Comment - there was none.
A MOTION was made by Ms. Morse and seconded by Mr. Cole to Approve - Site Plan Approval-Residential for CASE PB#2004-06. The Planning Board finds that the issuance of this Residential Site Plan Approval is consistent with the standards and criteria specified in Section XIV (E) of the Zoning By-Laws. VOTE: Unanimous (6-0): Sandler, Abbott, Cole, Holland, Nightingale and Morse
New Hearing - Residential Site Plan Approval
CASE PB#2004-07 - WALTER & MARY MAKAR, 60 Pleasant Street, Berlin, MA 01503, request Residential Site Plan Approval under Eastham Zoning By-Laws Section XIV to construct new two-story residential dwelling resulting in a Site Coverage Ratio exceeding 15% of the lot area for property located at 220 Pierce Road, Eastham, Map 04 Parcel 526.
Ben Zendher (Attorney) presented an overview of the request and the status of the review with the Zoning Board of Appeals. The Board discussed its concerns of the project’s harmony and massing with the existing conditions of the neighborhood. Mr. Zendher requested a continuance to review project design options.
A MOTION was made by Ms. Morse, seconded by Mr. Cole to continue hearing to June 9, 2004 so the applicant can make design changes. VOTE: Unanimous (6-0): Sandler, Abbott, Cole, Holland, Morse, and Nightingale.
Mr. Klink and Mr. McDonald rejoined the Board.
Time Extension Request Site Plan Approval - Special Permit
CASE PB#2001-14 - (LaBrecque) - DUDA REALTY TRUST, 4565 State Highway, Eastham
Ben Zendher (Attorney) presented an overview of the project’s chronology and recent approval by the Zoning Board of Appeals.
A MOTION was made by Ms. Morse, seconded by Mr. Nightingale to grant a Time Extension on Site Plan - Special Permit - CASE PB#2001-14 until June 14, 2005. VOTE: Unanimous (7-0): Sandler, Abbott, Cole, Holland, McDonald, Morse, and Nightingale.
Mr. Cole recused himself from deliberating on Case PB#2004-09
New Hearing - Definitive Subdivision:
CASE PB#2004-09 - DAVID W. & MARY E. RIMAVICUS, PO Box 199, Eastham, MA 02642, requests Definitive Subdivision Approval of a plan resulting in one (1) new lot for property located at 595R Nauset Road & 45 Turtle Pond Road, Eastham, Map 12 Parcels 167C, 198A & 198B.
Chet Lay (Surveyor) presented an overview of the request for Definitive Subdivision approval on the above noted parcels, resulting in one new building lot. Mr. Lay also informed the Board on the issues related to access rights of the Applicant and response to Board of Highway Surveyors comments. The Chair asked for Public Comment - Scott Ferrari (35 Turtle Pond Road) identified himself as an abutter but had no comments. Mr. Lay then presented the following requested waivers: Rural road alternative (road may not be considered for acceptance as a Town road unless reconstructed), construction of cul-de-sac, profiles of existing and proposed roadways, two foot contours derived from survey, proposed house numbers, locations of all trees of 12 inch diameter or greater and depth of surface
material in Turtle Pond Road.
A MOTION was made by Ms. Morse, seconded by Mr. Nightingale to Approve Requested Waivers and Grant Definitive Subdivision Approval for CASE PB#2004-09 VOTE: Unanimous (6-0): Sandler, Abbott, Holland, McDonald, Morse, and Nightingale.
Mr. Cole rejoined the Board.
New Hearing - Residential Site Plan Approval:
CASE PB#2004-11 - LAUREEN KUNCHES & PATRICIA A. JOYCE, 47 Maple Street, Milton, MA 02186, request Residential Site Plan Approval under Eastham Zoning By-Laws Section XIV to demolish an existing dwelling and construct a new two-story residential structure, resulting in a Site Coverage Ratio exceeding 15% of the lot area for property located at 26 Bayberry Lane, Eastham, Map 13 Parcel 165.
Thomas A. Moore (Architect), based upon the discussion of the previous Residential Site Plan Approval hearings, requested a continuance until July to explore potential design changes.
A MOTION was made by Ms. Morse, seconded by Mr. Holland to continue hearing to July 14, 2004 so the applicant can make design changes. VOTE: Unanimous (7-0): Sandler, Abbott, Cole, Holland, McDonald, Morse, and Nightingale.
Site Plan Approval - Special Permit - Waiver Request
CASE PB#2004-12 - FARRELL ELECTRIC, 140 Holmes Road, N. Eastham, MA, requests a waiver of Site Plan Approval requirements under Eastham Zoning By-Laws Section XIII-D, construct 50'X80' addition to existing steel building for storage for property located at 140 Holmes Road, Eastham, Map 08 Parcel 168.
Mr. Farrell (Applicant) was present for questions on his waiver request. The Chair asked if there was any public comment on this request, and there was none.
CASE PB#2004-12 - FARRELL ELECTRIC (continued)
A MOTION was made by Ms. Morse, seconded by Mr. Holland to Approve Waiver of the requirements for Site Plan Approval - Special Permit to to construct 50' x 80' addition to existing steel building for property located at 140 Holmes Road, Eastham, Map 08 Parcel 168. The Planning Board finds that the proposed alteration does not substantially change the site’s relationship with abutting properties and that an Application for Site Plan Approval - Special Permit is not required for the project as proposed. VOTE: Unanimous (7-0): Sandler, Abbott, Cole, Holland, McDonald, Morse, and Nightingale.
Other Business
415 Massasoit Road - Mr. Gilmore (owner) came into to discuss a project for 415 Massasoit Road that has a Building Permit but not Site Plan Approval Special Permit. The Board discussed the possibility of obtaining a waiver, however most of the Board members felt that he would need to make a full Site Plan Approval filing.
Board Reorganization - The Chairman reminded the Board of its Annual Reorganization at the upcoming June meeting.
Approval of Minutes:
A MOTION was made by Ms. Morse, seconded by Mr. Cole to accept the minutes of the April 14, 2004 meeting as drafted. VOTE: 6-0-1: For: Sandler, Abbott, Cole, McDonald, Morse, and Nightingale / Abstain: Holland
The meeting adjourned at 9:30 PM.
Respectfully submitted,
Howard Sandler, Chair
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