PLANNING BOARD
DECEMBER 12, 2007
MINUTES
Members Present: Howard Sandler-Chairman, Craig Nightingale-Clerk, Debbie Abbott, Michael Cole, Peter McDonald and Tom Johnson.
Members Absent: Leslie-Ann Morse-Vice Chairman, Don Andersen-Alternate.
Staff Present: Michael Ferreira, Melody Gulow
Chairman Howard Sandler called the meeting to order at 5:00 PM.
Robert Freeman present but did not sit on Board as not sworn in.
Residential Site Plan Approval
CASE No. PB 2007-28 - GRETCHEN and ROBERT ROBINSON, 2992 Oliver Lane NE, Iowa City, IA 52240, requests Residential Site Plan Approval under the Eastham Zoning By-Laws Section IX.D2 to demolish a five bedroom dwelling and replace it with a new four bedroom dwelling on the property at 18 Asparagus Lane, Eastham, Map 19 Parcel 036.
Presentation given by Stephanie J. Sequin of Ryder & Wilcox, Inc., P.E. & P.L.S. Applicants Gretchen and Robert Robinson present. Project going before the Eastham Board of Health, December 27, 2007 at a Public Hearing in the Eastham Town Hall at 3:00 PM.
Abutter Comments:
No written comments.
Mr. Coppi, 10 Asparagus Lane, asked that this application be denied. Approval of this application would bring the Robinson's house even closer to his property and he questions whether the septic should have been allowed so close to the boundary lines of the two properties.
Stephanie Sequin commented that upgrade variances were granted in 1996 putting the septic 5 feet from the Coppi property. The proposed building will be 25 feet from the lot line and within the setback requirements. The work being done is entirely on the Robinson's property.
Mr. Coppi was provided a copy of the proposed and existing site plans.
Mr. Dick Phillips, 19 Beach Road, spoke in support of the project with his only concerns being the septic and well.
Chairman directed Mr. Phillips to the Board of Health for answers to his septic and well issues.
FINDINGS OF FACT:
1. Existing residence is a one story dwelling with a garage.
2. New residence will be a two-story residence with a deck and smaller garage.
3. Project is essentially the same footprint.
4. Proposed home will be further back from the boundary lines.
5. Proposed home will be in character with neighboring properties.
6. Home is partially located in an area of critical and environmental concern including marshland, a Town beach and conservation land.
7. Project has been approved by the Conservation Commission.
8. Eastham Zoning By-Laws have a maximum height restriction of 30 feet for residential properties.
9. According to Eastham Building Inspector's calculations the proposed project will be 3 inches over the height limit.
10. Eastham Board of Health found the original septic plan inadequate and a secondary treatment system is required.
A MOTION was made by Debbie Abbott and Seconded by Michael Cole to accept the Findings of Fact.
The VOTE: 5-0 IN FAVOR: Abbot, Cole, Sandler, Nightingale and McDonald. OPPOSED: None.
A MOTION was made by Peter McDonald and Seconded by Craig Nightingale that based on the Findings of Fact and the following Conditions, Case #PB2007-28 be granted approval:
Conditions:
1. Planning Board be provided a certified plan that the height of the proposed structure does not exceed 30 feet.
2. Subject to septic approval by the Eastham Board of Health.
The VOTE: 5-0 IN FAVOR: Abbott, Cole, Sandler, Nightingale and McDonald. OPPOSED: None.
Other Business
Eastham Zoning By-Laws
The following proposed changes were approved:
Section XIV - Site Plan Approval - Residential
C. Required Site Plan Content:
All site plans submitted under this section shall be in accordance with SECTION XIII.F.2. A-F [change to SECTION XIII.F.2. A-K ]
Section XIV - Site Plan Approval - Residential
G. Appeal
Any person aggrieved by the denial, approval with conditions, or approval by the Planning Board may appeal the action to the Zoning Board of Appeals within 10 days [change to within 20 days] of filing the decision with the Town Clerk.
Section XIII - Site Plan Approval - Special Permit
D. Waivers:
...Upon application on a form approved by the Planning Board, such a determination may be made by an affirmative vote of a majority of the Planning Board present, and in no event less than four members, and all abutters must be notified by certified mail, return receipt requested,
[eliminate return receipt requested ], at least seven days prior to the meeting which such vote is to be taken...
Subdivision Rules and Regulations
2.3.4. Notification of Abutters All abutters and abutters to abutters within 300 feet must be notified by certified mail, return receipt requested [eliminate return receipt requested ], at least 7 days prior to the meeting at which such Preliminary Plan will be presented.
Sign Code
Discussion regarding Eastham Zoning By-Law changes to the sign code. Sign committee has decided not to do a major overall at this time. Sign requests should come before the Planning Board.
Legal
Chairman noted Leslie Morse is writing a letter in response to an amended complaint filed with Massachusetts Land Court, Reg. Case No. 43314 by substituted plaintiff, Nausett Road, LLC of Eastham regarding Right of Way. Assistant Town Administrator, Michael Ferreira said it is his understanding that the Town Counsel has and is aware of this filed action.
Minutes
A MOTION to approve the November 14, 2007 Minutes as read was made by Michael Cole and Seconded by Peter McDonald.
The VOTE: 5-0 IN FAVOR: Abbott, Cole, Sandler, Nightingale and McDonald.
OPPOSED: None.
A MOTION to adjourn was made by Peter McDonald and Seconded by Michael Cole.
The VOTE: 5-0 IN FAVOR: Abbott, Cole, Sandler, Nightingale and McDonald.
Meeting adjourned at 5:48 PM.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
| 
