PLANNING BOARD
FEBRUARY 9, 2005
MEETING MINUTES
Members Present: Howard Sandler-Chairman, Michael Cole-Vice Chairman, Leslie Ann Morse-Clerk, Debbie Abbott, Kevin Holland, Peter McDonald, Craig Nightingale, and Tim Klink-Alternate
Members Absent: Frank Salomone-Alternate
Staff Present: Terry Whalen - Town Planner
Mr. Sandler (Chairman) called the meeting to order at 7:00 PM.
Road Maintenance Agreement
Robert Mumford (Property Owner) requested that the Clark’s Point Road (PB Case#1998-01) Maintenance Agreement be amended to exclude the Town from all obligations of maintenance as part of conveyance of Lot 7B, which is to be transferred to the Town.
A MOTION was made by Mr. Holland, SECONDED by Mr. Cole to release the Town from all obligations of maintenance under the Road Maintenance Agreement for the Clark’s Point Road Subdivision. VOTE: 7-0 Unanimous (For: Sandler, Abbott, Cole, Holland, McDonald, Morse and Nightingale).
Approval Not Required (ANR) Plan
CASE PB#2005-03 - DAVID & PHYLLIS OLSON/FELCO INC., 225 & 255 Herringbrook Road, Eastham, Map 017 Parcels 487/488
John Demarest (Surveyor) presented an overview of the ANR request.
A MOTION was made by Ms. Morse, seconded by Mr. Nightingale to endorse the ANR plan titled “Plan of Land in: Eastham, Mass. – Prepared for David Olson” prepared by FELCO, Inc., Orleans, MA, Scale 1” = 40’, and dated January 4, 2005. VOTE: 7-0 Unanimous (For: Sandler, Abbott, Cole, Holland, McDonald, Morse and Nightingale).
Lot Release Request
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) presented an overview of the “As-Built” plan for Brittany’s Way and requested the release of Lots 1 & 2 (full release of the remaining lots) from the Covenant.
A MOTION was made by Ms. Morse, seconded by Mr. Holland to release Lots 1 & 2 from the Covenant for Case PB#1997-1A. VOTE: 7-0 Unanimous (For: Sandler, Abbott, Cole, Holland, McDonald, Morse and Nightingale).
Definitive Plan Endorsement
CASE PB#2004-37 - GOOD LUCK COTTAGES NOMINEE TRUST/SCHOFIELD BROTHERS OF CAPE COD, 5755 State Highway, Eastham, Map 02 Parcel 58.
Bob Freeman (Survey) requested the Board endorse the Definitive Plan approved in December. No appeals of the decision were filed with the Town Clerk. The Board endorsed the plan.
New Hearing - Residential Site Plan Approval
CASE PB#2005-02 - MATHEW & WENDY FRAZIER/LLOYD HOWARD, requests Residential Site Plan Approval under Eastham Zoning By-Laws Section IX-D to convert garage entry and add family room above it resulting in Site Coverage greater than 3,000 square feet for property located at 850 Old Orchard Road, Eastham, Map 08 Parcel 040.
The Applicant’s representative, Lloyd Howard requested a continuance to the March meeting.
A MOTION was made by Ms. Morse, SECONDED by Mr. Nightingale to continue the hearing to the March 9, 2005 meeting. VOTE: 7-0 Unanimous (For: Sandler, Abbott, Cole, Holland, McDonald, Morse and Nightingale).
Public Hearing – Article A
PROPOSED AMENDMENTS TO THE TOWN OF EASTHAM ZONING BYLAWS -
ARTICLE A - To see if the Town will vote to amend the Zoning By-laws by adding a new definition to Section III and a new subsection to Section IX regarding fences.
Terry Whalen (Town Planner) presented an overview of the proposed bylaw. Caitlin Austin (Cape Codder Newspaper) asked if bylaw would cover fences already constructed. The Chairman noted it would only apply to new fences. Dan Demale (35 Weir Road) Commented on the need to control fences in Eastham. Vida Demale (35 Weir Road) indicated she would also like to see a requirement that trees be planted in front of any fences placed along Route 6.
Jane Fischer (710 Hay Road) – Expressed concerns with the proposed bylaw allowing solid fences six (6) feet high along front yards and higher fences with a Special Permit. The Chair noted that properties along Route 6 have different protection needs. Bob Freeman (30 Jeremiah’s Look) commented on the need for the selected back distance and the need to include split rail fences.
Continued Hearing - Residential Site Plan Approval
CASE PB#2004-38 - STEPHEN COLLEY/JOHN A. LISBON, requests Residential Site Plan Approval under Eastham Zoning By-Laws Section XIV, to provide finished living space within existing walkout basement resulting in Site Coverage greater than 3,000 sq. ft. for property located at 60 Northwood Road, Eastham, Map 09 Parcel 222F.
Jay Murphy (Attorney) reviewed the hearing chronology and access issues raised at previous hearings. After further discussion with the Board and his client, Attorney Murphy requested to withdraw the case without prejudice.
A MOTION was made by Mr. Cole, SECONDED by Ms. Morse to accept withdrawal of Case PB#2004-38 without prejudice. VOTE: 7-0 Unanimous (For: Sandler, Abbott, Cole, Holland, McDonald, Morse and Nightingale).
Mike Cole recused himself from discussion on the Roach Property.
Other Business
Roach Property Application – The Board reviewed the 40B Application and Chairman Sandler indicated that he would attend the ZBA’s hearing to relay the Planning Board’s general support for the project.
Mr. Cole rejoined the Board.
Approval of Minutes
A MOTION was made by Mr. Holland, seconded by Ms. Morse to accept the minutes of the January 12, 2005 meeting as drafted. VOTE: 7-0 Unanimous (For: Sandler, Abbott, Cole, Holland, McDonald, Morse and Nightingale).
The meeting adjourned at 9:30 PM.
Respectfully submitted,
Howard Sandler, Chair
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