PLANNING BOARD
MARCH 10, 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. The Chairman informed the Board of the Selectmen’s appointment of Mr. Klink as an alternate member.
Mr. Klink recused himself from discussion on Case PB#2004-05
New Hearing - Repetitive Petition / Site Plan Approval - Special Permit:
CASE PB#2004-05 - JANE & SUSAN FLEMING, 45 Ship’s Lantern Road, North Eastham, MA 02651, requests Authorization of a Repetitive Petition under Section 16 of MGL Chapter 40A and a Site Plan Special Permit under Eastham Zoning By-Laws Section XIII, to construct a 42' X 60' building to be used as a donut shop (11 seats) and production area (catering kitchen) and use the existing residential structure as retail space, for property located at 4680 State Highway, Eastham, Map 08 Parcel 202.
Repetitive Petition
A MOTION was made by Mr. Holland, seconded by Mr. Cole to grant Planning Board Consent for a Repetitive Petition in accordance with Section 16 of MGL Chapter 40A for property located at 4680 State Highway, Eastham, Map 08 Parcel 202.
THE VOTE; 7-0 (For: Abbott, Cole, Holland, McDonald, Morse, Nightingale & Sandler)
CASE PB#2004-05 - JANE & SUSAN FLEMING (continued)
A MOTION was made by Mr. Holland, seconded by Mr. Cole that the presence of a full board represents a specific and material change in the conditions upon which the previous unfavorable action was based for property located at 4680 State Highway, Eastham, Map 08 Parcel 202.
THE VOTE; 6-1 (For: Abbott, Cole, Holland, McDonald, Nightingale & Sandler / Against: Morse)
Site Plan Approval - Special Permit
Susan Fleming (Applicant) presented an overview of the project and noted there has never been any abutter objection to the project, that the Board’s original intent was to approve the project and that they have made financial commitments based upon the previous Board action.
The Chairman asked if there was any comment from the audience, there was none.
A MOTION was made by Mr. Cole, seconded by Mr. Holland to Grant Site Plan Approval - Special Permit to construct a 42' X 60' building to be used as a donut shop and production area (catering kitchen) and use the existing residential structure as retail space, for property located at 4680 State Highway, Eastham, Map 08 Parcel 202, subject to the following conditions:
Plans for proposed Office/Retail space must be submitted to the Planning Board prior to obtaining a Building Permit to convert the existing residential dwelling for new public hearing.
Building Permit shall not be issued until regulatory approvals are obtained from the following entities: Eastham Board of Health (Well/Septic), Massachusetts Department of Environmental Protection - Public Water Supply and Massachusetts Highway Department (Curb Cut).
Applicant must place right turn only at Route 6 curb cut
THE VOTE; 6-1 (For: Abbott, Cole, Holland, McDonald, Nightingale & Sandler / Against: Morse)
Mr. Klink rejoined the Board.
Lot Release Request
CASE PB#2003-13 - OAK LEAF REALTY TRUST/PHILIP T. HESSE, TRUSTEE, PO Box 492, North Eastham, MA 02651, Definitive Subdivision Plan Approval for property located off Oak Leaf Road, Eastham, MA, Map 5 Parcel 32 & Map 6 Parcels 129 & 139A.
Chester Lay (Surveyor) updated the Board on the progress in the “Kait’s Way” subdivision and requested the release of Lot B from the Covenant.
CASE PB#2003-13 - OAK LEAF REALTY TRUST/PHILIP T. HESSE, TRUSTEE (continued)
A MOTION was made by Ms. Morse, seconded by Mr. McDonald to the release of Lot B from the Covenant for Case PB#2003-13 - Oak Leaf Realty Trust/Philip T. Hesse, Trustee.
THE VOTE; 7-0 (For: Abbott, Cole, Holland, McDonald, Morse, Nightingale & Sandler)
Plan Modification
CASE PB#1997-1A - JOHN T. DUNN, JR. & MAURA DUNN, 23 Schofield Road, Cohasset, MA 02025, Subdivision of Land on Route 6 to construct Brittany’s Way.
Chester Lay (Surveyor) updated the Board on the curb cut approval by MHD and presented a plan showing minor modifications to allow installation of handicapped ramps.
A MOTION was made by Ms. Morse, seconded by Mr. McDonald to accept the modified plan.
THE VOTE; 7-0 (For: Abbott, Cole, Holland, McDonald, Morse, Nightingale & Sandler)
Other Business
Good Luck Cottages - The Board discussed an ANR concept plan with Bob Freeman (Surveyor) for 5755 State Highway that includes three panhandle lots. The Board raised concerns regarding access, public safety delivery and compliance with Zoning Bylaws.
Seashore Zoning - The Board discussed approaches to change the 50% rule in District F to limit dwellings based upon lot area and site coverage.
Approval of Minutes:
A MOTION was made by Mr. Cole, seconded by Ms. Morse to accept the minutes of the February 11, 2004 meeting as drafted.
THE VOTE; 7-0 (For: Abbott, Cole, Holland, McDonald, Morse, Nightingale & Sandler)
The meeting adjourned at 9:00 PM.
Respectfully submitted,
Howard Sandler, Chair
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