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Planning Board Minutes 03/09/05









PLANNING BOARD
MARCH 9, 2005
MEETING MINUTES



Members Present:  Howard Sandler-Chairman, Michael Cole-Vice Chairman, Debbie Abbott, Peter McDonald, Craig Nightingale, and Frank Salomone-Alternate

Members Absent:  Leslie Ann Morse-Clerk, Kevin Holland and Tim Klink-Alternate

Selectmen Present:  Peter Whitlock

Staff Present:  Terry Whalen - Town Planner


Mr. Sandler (Chairman) called the meeting to order at 7:00 PM.


Continued 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 (Builder) presented the plan for the Board’s review.  The Chair asked for public comment on this case and there was none.

A MOTION was made by Mr. McDonald and SECONDED by Mr. Cole to APPROVE - Site Plan Approval-Residential for CASE PB#2005-02 - MATHEW & WENDY FRAZIER/LLOYD HOWARD, 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.  VOTE: 5-0 Unanimous (For: Sandler, Abbott, Cole, McDonald and Nightingale)
New Hearing - Residential Site Plan Approval
CASE PB#2005-04 - CHASE & ELAINE GOSLEE/RICHIE ADAMS, seeks Residential Site Plan Approval under Eastham Zoning By-Laws Section XIV, to demolish existing building and construct new two-story structure with detached garage resulting in Site Coverage greater than 3,000 sq. ft. for property located at 22 Charlie Noble Way, Eastham, Map 20 Parcel 088.

The Applicant’s representative, Richie Adams (Builder) presented the plan for the Board’s review.  The Chair asked for public comment on this case and there was none.  Peter McDonald expressed concerns with proposed massing and impact on public views.

A MOTION was made by Mr. McDonald and SECONDED by Mr. Cole to APPROVE - Site Plan Approval-Residential for CASE PB#2005-04 - CHASE & ELAINE GOSLEE/RICHIE ADAMS, to demolish existing building and construct new two-story structure with detached garage resulting in Site Coverage greater than 3,000 sq. ft. for property located at 22 Charlie Noble Way, Eastham, Map 20 Parcel 088 upon the CONDITION: of final approval from the Board of Health. VOTE: 4-1 In-Favor (For: Sandler, Abbott, Cole, and Nightingale / Against:  McDonald)

New Hearing - Site Plan Approval – Special Permit
CASE PB#2005-05 - GERARD HILL/EAST CAPE ENGINEERING INC. requests Site Plan Approval-Special Permit under Eastham Zoning By-Laws Section XIII, to construct a new building with office/retail space and (9) 1-Bedroom Apartments, with associated site improvements for property located at 4660 State Highway, Eastham, Map 08 Parcel 201-A.

Tim Brady (Engineer) presented an overview of the request.  Janet Demtri (Friendly Fisherman) expressed concerns that no elevations or landscaping detail were provided.  Ms. Demetri also expressed concern with use proposed.  Sue Fleming (Fleming’s Donut Shack) noted they were foregoing any bedrooms on the adjacent lot to the north with their approved project.  Nathan Nickerson (address) questioned if alternative wastewater treatment had been considered.  The Board expressed their concerns with the use and layout as proposed.

A MOTION was made by Mr. Cole, SECONDED by Mr. Nightingale to continue the hearing to April 13, 2005. VOTE: 5-0 Unanimous (For: Sandler, Abbott, Cole, McDonald and Nightingale)

Public Hearing – Article B
PROPOSED AMENDMENTS TO THE TOWN OF EASTHAM ZONING BYLAWS
ARTICLE B - To see if the Town will vote to amend the Zoning By-laws to create a North Eastham Route 6 Overlay District by adding a new zoning district classification, amending the zoning map, adding a new set of permitted uses and adding a new subsection to Section IX.

Mike Giaimo (Attorney) presented an overview of the proposed citizen petition for a bylaw change.  Frank Szedlak (Outer Cape Realty) and Ralph Nicely  presented a history of the impacts on businesses in the area.  Based upon discussions, Attorney Giaimo suggested changes in three areas, and expanded purpose section, adding additional parcels and revising the uses language.  The Board agreed to recommend supporting the article with the proposed changes.



Public Hearing – Article C
PROPOSED AMENDMENTS TO THE TOWN OF EASTHAM ZONING BYLAWS
ARTICLE C - To see if the Town will vote to amend the Zoning By-laws to add an Open Space Residential Development Bylaw by adding a new definition to Section III and a new Section XIX.

Terry Whalen (Town Planner) and Peter Whitlock (Selectmen) presented an overview of the impetus and details of Article C.  Judy Brainerd of the Open Space Committee expressed her support and the need for this article.  The Board expressed concerns with the article as drafted as it does not clearly indicate the open space can be used for wastewater treatment and the need to incentives for developers such as a density bonus to make the provision useful.  The Board recommended to Selectmen Whitlock, that the Board of Selectmen set up a working group that included a developer, and members of the Board of Selectmen, Open Space Committee, Board of Health and the Planning Board to develop an Article the Planning Board would support.  Selectmen Whitlock indicated he was in favor of such an idea.  The Board felt this article needs more work and should not be included on the ATM 2005 warrant, but could be ready soon for a Special Fall Town Meeting if the working group is formed.

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.

The Board discussed the final version incorporating Town Counsel language comments, deleting a portion of the definition (to remove a conflicting statement) and excluding split rail fences from the bylaw.

A MOTION was made by Mr. Cole, SECONDED by Mr. McDonald to make a favorable recommendation to Town Meeting with the revisions. VOTE: 5-0 Unanimous (For: Sandler, Abbott, Cole, McDonald and Nightingale)



Approval of Minutes

A MOTION was made by Mr. Cole, seconded by Mr. McDonlad to accept the minutes of the February 9, 2005 meeting as drafted.  VOTE: 5-0 Unanimous (For: Sandler, Abbott, Cole, McDonald and Nightingale)


The meeting adjourned at 10:05 PM.


                                                                                           Respectfully submitted,

                                                                                                                                                         
         Howard Sandler, Chair