PLANNING BOARD
JULY 11, 2007
MINUTES
Members Present: Howard Sandler-Chairman, Leslie Ann Morse-Vice Chairman, Craig Nightingale-Clerk, Debbie Abbott, Michael Cole, Kevin Holland, Peter McDonald, Tom Johnson-Alternate, and Don Andersen-Alternate
Staff Present: Melody Gulow, Appeals Clerk
Chairman Howard Sandler called the meeting to order at 5:00 PM.
New Hearing - Site Plan Approval - Special Permit:
PB2007-16 - Tina Lawson, P.O. Box 373, Eastham, MA 02642 requests Residential Site Plan Approval for the addition of a garage and master bedroom suite under Eastham Zoning By-Laws, Section IX - Intensity Regulations, Paragraph D-2 resulting in a site coverage over 3,000 sq. ft. for property located at 145 Cole Road, Eastham, Map 13 Parcel 70.
Attorney Ben Zehnder representing Applicant.
Chairman Howard Sandler expressed his misgivings in regard to segmented site plan reviews.
Craig Nightingale and Debbie Abbott did visit the property site and the abutters’ properties and the addition will definitely block at least one abutter’s view. Debbie Abbott pointed out this is not the only criteria but it is a concern and she questioned whether this project is really consistent with the homes in the area.
Chairman Sandler in visiting the project site and surrounding area felt this project would make the home much larger than the houses in the area. Chairman then opened the floor for any questions or comments from the audience.
Charlie and Laurie Breuel, 37 Patricia Lane (letter in file): environmental and personal concerns as this is a sensitive and fragile piece of land and it is already non-conforming. The lot is within a flood zone and a conservation zone. History of the area is that of seasonal properties with the exception of this property, 145 Cole Road. The new construction is the size of the Breuel’s entire seasonal cottage. This is a sensitive and fragile piece of land and it is already non-conforming.
Attorney Zehnder: The Conservation Commission has given a waiver for this project as they do not see any potential problem.
Carol Levison, 40 Cranberry Lane (letter in file): concerned about erosion and how the loss of the trees they are cutting down may contribute to that. She likes the natural habitat to be maintained and the scale of the area to be maintained and this project jeopardizes both.
Abutter (not identified): questioned the number of buildings on the lot and the wind tunnel effect that comes with the winter and the loss of trees and natural vegetation will be harmful.
Ellie Lewis, 15 Patricia Lane (letter in file): throughout the last 35 years she has tried to keep the natural vegetation intact. She would like her neighbors at 145 Cole Road to be comfortable in their home but this addition is just too much for the size of the lot.
Francis Seglund, 50 Wexford Lane: since 1984 has witnessed rapid changes in the Town. These properties allow way too many people to reside in them when rented or sold.
Clarens, 109 Cole Road: purchased their property specifically because of the smaller scale of the homes in the area and the natural beauty of the environment.
Fred Thomas, Herring Brook Road: has put one lot into conservation trust and his concern is that the surrounding area be preserved and kept open.
Charlotte Scholer, Cranberry Lane: concerned over the precedent that the decision made here makes for future development.
Chairman Sandler: this is not a precedence setting Board. Each case is taken individually.
Mr. Breuel, 37 Patricia Lane: passed around pictures of his present view and a sketch showing how this construction would change that view.
Attorney Zehnder: Applicant wants to listen to the neighbor’s concerns but there is no statutory right to a view. He commented there would not be a view from the Breuel’s property without the systematic cutting of vegetation on the Applicant’s property. This project is before the Board only to decide if the project falls within the Zoning By-Law specifications.
Mr. Breuel: in response only because the vegetation cutting has been brought up. In 1972 there was not much growth but over 10 years scrub oaks and pines grew and permission was asked from the senior Mr. Lawson to selectively prune. Permission was granted on a hand shake and when this was explained to the present Owners, it was fine with them and the pruning continued. However, recently the Police were notified of trespassing and unlawful trimming. The police were not told that most of that trimming had been done by the owners. No trimming has been done since.
Mr. Lewis, 15 Patricia Lane: reiterated the plans being considered and can not understand how a house already too large could meet the standards acceptable for an addition. Is this family large?
Chairman Sandler: The size of the family is not the business of the Board.
Craig Nightingale: suggested a compromise in the scale of the project.
Attorney Zehnder: this is a difficult site to adjust and it is not really possible to work out any changes tonight but we are listening and making note of all the concerns presented.
Question from the audience regarding grandfathering.
Chairman Sandler: before 1956 no zoning requirements. 1977 to 1988 ½ acre zoning. Today any lot subdivided between 1975 and 1988 is grandfathered if ½ acre lot. After 1988 to present it is 1 acre zoning.
In this case, the building is out of scale with most buildings in the area but there is no impact on steep slopes or flood zones; it does nothing to harm the environment; does nothing to harm anyone living on the property. What we are dealing with here is a building not in scale with the buildings in the area.
MOTION to continue this case to the August 8, 2007 Planning Board Meeting made by Leslie Morse and Seconded by Craig Nightingale.
VOTE 7-0 TO CONTINUE CASE # PB 2007-16 TO AUGUST 8, 2007 PLANNING BOARD MEETING
Peter McDonald suggested that the three trees being removed might be left as they act as a screen and the driveway repositioned.
Mike Cole expressed regret for no Town Planner as they would have more documentation from the Assessor’s office as to the surrounding area.
Chairman Sandler will get that information together before the August meeting.
Leslie Morse asked that the drawings show the full street elevation.
New Hearing - Site Plan Approval - Special Permit:
PB2007-19 - Don & Joyce Bamford, 17 Beach Plum Lane, Eastham, MA 02642 seeks Residential Site Plan approval under Eastham Zoning by-Laws, Section IX Intensity Regulations, paragraph D2 for a garage and proposed second floor addition for property 17 Beach Plum Lane, Eastham, Map 13 Parcel 70.
Builder Chris Thompson representing Applicant.
Chairman Sandler: case was sent to the Eastham Zoning Board of Appeals in error and is just now coming before the Planning Board.
Note new Policy requiring Certified Mail only for Abutter Notices so we have no green cards.
Findings of Fact:
Does not take up much more living space.
Does not obstruct anyone’s view.
From the street elevation, the mass remains the same.
This does need Board of Health Review.
MOTION to approve Findings of Fact made by Leslie Morse and Seconded by Debbie Abbott.
VOTE 7-0 TO APPROVE FINDINGS OF FACT
No comments or questions from the audience.
MOTION to approve made by Leslie Morse and Seconded by Peter McDonald subject to Board of Health Approval.
VOTE 7-0 TO APPROVE CASE #PB 2007-19 SUBJECT TO BOARD OF HEALTH REVIEW
Minutes June 13, 2007 Planning Board Meeting corrected to show Howard Sandler everywhere Frank Salomone’s name appears.
Motion to approve Minutes as corrected made by Kevin Holland and Seconded by Craig Nightingale.
VOTE 7-0 TO APPROVE JUNE 13, 2007 MINUTES AS CORRECTED
Chairman Sandler introduced new Alternate Board Members Don Andersen and Tom Johnson.
Board of Selectmens July 2, 2007 Meeting Michael Cole, Kevin Holland and Craig Nightingale were reappointed to this Board .
Work Session will be called regarding the sign code. Howard Sandler and Mike Cole will work on the specifics.
Motion to adjourn made by Leslie Morse and Seconded by Kevin Holland.
Meeting adjourned at 6:25PM
Respectfully submitted,
Craig Nightingale, Clerk
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