PLANNING BOARD
FEBRUARY 13, 2008
MINUTES
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Peter McDonald, Howard Sandler, Don Andersen-(sitting as Alternate) and Tom Johnson (sitting as Alternate).
Members Absent: Debbie Abbott.
Staff Present: Michael Ferreira-Assistant Town Administrator, Sarah Raposa-Town Planner.
Chairman Leslie-Ann Morse called the meeting to order at 5:00 PM and called for a change in the order of business.
Eastham Zoning By-Laws - Proposed Amendment
Eastham Zoning By-Laws, Section XVII: Procedure for the Demolition of Historically or Architecturally Significant Buildings changing the waiting period before a permit of demolition may be granted from "180 days" to "18 months" from the date of the Historic Commission's determination.
Edmond Harnett spoke on behalf of the Historic Commission regarding this By-Law change. The criteria for historic houses is at least 75 years old and/or architecturally or historically significant building. There is a catalog of historic houses in the Town with pictures, descriptions and year built. Over the last three years there have been three houses demolished. These properties are "buyer beware" properties and the owner must be identified and thoroughly warned before any demolition decision.
No other speakers regarding this By-Law.
A MOTION was made by Howard Sandler and Seconded by Peter McDonald to approve the Demolition By-Law Section XVII.3.5 under the condition the time is changed to 12 months.
The VOTE: 5-0 IN FAVOR: Cole, McDonald, Morse, Nightingale, Sandler. OPPOSED: None.
The By-Law would now read as follows:
SECTION XVII PROCEDURE FOR THE DEMOLITION OF HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT BUILDINGS
SECTION 3 PROCEDURES
3.5 Upon determination by the Commission that the "significant building" which is the subject of the Notice of Intent To Demolish is a "preferably preserved significant building", the Commission shall so advise the Applicant and the Inspector of Buildings, and no demolition permit may be issued until 12 months after the date of the Commission's determination. Notwithstanding the preceding sentence, the Building Inspector may issue a demolition permit for a "preferably preserved significant building" at any time after receipt of written advice from the Commission to the effect that the Commission is satisfied that bona fide and reasonable efforts have been made to locate a purchaser willing to preserve, rehabilitate and restore the subject building, and that such efforts have
been unsuccessful.
Residential Site Plan Approvals
CONTINUED - CASE No. PB 2008-01 - JOANNE KINNANE ELLIOTT, 55 Fawn Run, Glastonberry, CT 06033, requests Residential Site Plan Approval under the Eastham Zoning By-Laws Section IX.D1 for construction of a new house and garage at 21% site coverage on property at 35 Asa's Road, Eastham, Map 04 Parcel 086.
Presentation of new plans now showing a detached garage and a reduction in the house size was given by Mark Kinnane with a plan that now has 16.32% coverage.
Abutter Comments:
Abutter Marsha Antoinette, 30 Asa's Road, requested denial of this project.
Abutter Jane McMahon, 60 Asa's Way, expressed concerns about the impact on the water supply and the mass of the house. Board commented that these plans have been reviewed by the Board of Health with a septic plan approval in 2005 to include a secondary treatment plan and the Building Inspector has no other building code issues other than the site coverage ratio.
Correspondence:
Marsha Antoinette, 30 Asa's Road, Eastham letter dated 31 January 2008.
Jane McMahon, 60 Asa's Way, Eastham letter dated February 1, 2008.
Peter McDonald and Michael Cole recused themselves.
A MOTION was made by Howard Sandler and Seconded by Craig Nightingale to approve the Residential Site Plan Application PB2008-01 for property at 35 Asa's Way, Eastham, Map-04 Parcel 086 as presented.
The VOTE: 5-0 IN FAVOR: Andersen, Johnson, Morse, Nightingale, Sandler. OPPOSED: None.
CASE No. PB2008-03 JESSICA STRAUSS, 5712 Pimlico Road, Baltimore, MD 21209, requests Residential Site Plan Approval under Eastham Zoning By-Laws Section IX.D1 for addition of a second floor and the extension of the first floor and deck area on an existing dwelling on property located at 31R Martha Avenue, Map-10 Parcel 202.
Gary Lee, Leeside Construction on behalf of applicant Jessica Strauss has asked to postpone this matter before the Planning Board as there are issues that require Zoning Board of Appeals approval.
A MOTION was made by Michael Cole and Seconded by Craig Nightingale to move this case to March 12, 2008 Planning Board meeting.
The VOTE: 7-0 IN FAVOR: Cole, McDonald, Morse, Nightingale, Sandler, Andersen and Johnson. OPPOSED: None.
CASE No. PB2008-04 ROBERT and SHEILA PAINE, P.O. Box 822, Wellfleet, MA 02667, request Residential Site Plan approval under Eastham Zoning By-Laws Section IX.D. - Intensity Regulations, Paragraph 2 for demolition of two cottages and construction of a new dwelling on property located at 550 State Highway, Map 21 Parcel 76B.
Robert Freeman of Schofield Brothers of Cape Cod gave a presentation of the project.
FINDINGS OF FACT
1. No increase in septic flow.
2. New Title V system installed.
3. Conservation Committee mitigation.
4. No more detrimental to the neighborhood.
5. Existing vegetation to remain to provide buffing.
6. Site coverage only 9.4%.
A MOTION was made by Michael Cole and Seconded by Howard Sandler to accept the Findings of Fact.
The VOTE: 7-0 IN FAVOR: Cole, McDonald, Morse, Nightingale, Sandler, Andersen and Johnson. OPPOSED: None.
A MOTION was made by Howard Sandler and Seconded by Craig Nightingale to approve the project contingent on Board of Health approval.
The VOTE: 6-0 IN FAVOR: Cole, Morse, Nightingale, Sandler, Andersen and Johnson.
ABSTAINED: McDonald OPPOSED: None.
Road Acceptance
To consider the acceptance of Chipmunk Lane as a Public Road.
The Board of Highway Surveyors does not feel the road As Built meets Town standards and the Department of Public Works director, Martin Mickle, concurs. Some discussion regarding the process. Planning Board performs an inspection with Department of Public Works. Suggestion made that the Planning Board should change the regulations for road standards to meet engineering standards.
A MOTION was made by Michael Cole and Seconded by Howard Sandler to continue this matter until the March 12, 2008 Planning Board meeting.
The VOTE: 7-0 IN FAVOR: Cole, McDonald, Morse, Nightingale, Sandler, Anderson and Johnson. OPPOSED: None.
Other Business
CASE No. PB2007-20, FLORENCE LEE, 2 Magnolia Drive, Franklin, MA 02038, Modification to plans submitted and approved at Planning Board Hearing August 8, 2007 on property located at 7 West Shore Drive, Eastham.
Timothy Brady gave presentation of the proposed minor modifications of a walkout basement where original plans showed level grade and a proposed small stone retaining wall. They are scheduled to appear before the Conservation Committee for approval February 22, 2008.
Peter McDonald recused himself.
FINDINGS OF FACT:
1. Construction of a pair of doors and windows on waterside does not add to any massing of structure.
2. Location of windows and doors are under the previously approved deck area.
3. Installing doors and small stone retaining wall is better option for existing grade then fill as originally proposed.
A MOTION was made by Howard Sandler and Seconded by Craig Nightingale to accept the Findings of Fact for minor modifications to Case No. PB2007-20.
The VOTE: 6-0 IN FAVOR: Cole, Morse, Nightingale, Sandler, Andersen and Johnson. OPPOSED: None.
A MOTION was made by Michael Cole and Seconded by Howard Sandler to approve the modified plans to Case No. PB2007-20 as presented.
The VOTE: 6-0 IN FAVOR: Cole, Morse, Nightingale, Sandler, Andersen and Johnson. OPPOSED: None.
Mark Powers, 11 Old Turnpike Road, Haddam, CT 06438, asked to address the Board about the process as he is submitting applications for both the Planning Board and Zoning Board of Appeals regarding property at 70 and 76 Old State Highway, Eastham, Map 22 Parcels 009 and 010.
Board gave a brief overview of what conditions require Planning Board and what require Zoning Board of Appeals approval and that Board of Health review will be necessary.
Wind Turbine By-Law
Michael Ferreira gave a summarization of the two proposed By- Laws that will govern the operation of wind turbines in the Town of Eastham.
Board requested that a Special Public Hearing be scheduled to review these By-Laws as two Public Hearings as they will be separate Articles for the Town Meeting. Suggest March 19th or March 26th, 2008 for the Public Hearing.
Minutes
Leslie-Ann Morse absent from December 12, 2007 Planning Board meeting.
A MOTION to approve the December 12, 2007 Minutes as corrected was made by Michael Cole and Seconded by Peter McDonald.
The VOTE: 6-0 IN FAVOR: Cole, McDonald, Nightingale, Sandler, Andersen and Johnson. OPPOSED: None.
A MOTION to approve the January 9, 2008 Minutes as read was made by Peter McDonald and Seconded by Michael Cole.
The VOTE: 7-0 IN FAVOR: Cole, McDonald, Morse, Nightingale, Sandler, Andersen and Johnson. OPPOSED: None.
A MOTION to adjourn was made by Peter McDonald and Seconded by Michael Cole.
The VOTE: 7-0 IN FAVOR: Cole, McDonald, Morse, Nightingale, Sandler, Andersen and Johnson. OPPOSED: None.
Meeting adjourned at 8:07 PM.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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