PLANNING BOARD
MARCH 12, 2008
MINUTES
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Debbie Abbott, Peter McDonald, Howard Sandler and Don Andersen-Alternate, Tom Johnson-Alternate
Staff Present: Sarah Raposa, Town Planner, Melody Gulow-Appeals Clerk.
Chairman Leslie-Ann Morse called the meeting to order at 5:00 PM.
Chairman asked Town Planner to inquire as to status of filling the vacancy on the Board.
Approval Not Required
ANR #PB 2008-07 - Stephen and Lisa Kariotis, The division of the tract of land shown on the plan dated 1/15/08 is not a subdivision because it shows a proposed conveyance namely land swap which changes the shape of lots in such a manner so that no lot affected is left without frontage as required by the Eastham Zoning By-Law Section IX.A.5 which requires fifty (50) feet at property locations Map 14 Parcels 82B and 82C.
Presentation given by Land Surveyor Michael S. LaDue.
A MOTION was made by Mr. Sandler, Seconded by Mr. McDonald to endorse Approval Not Required No. 2008-07.
VOTE: Unanimous (6-0): Abbott, Cole, McDonald, Morse, Nightingale, Sandler.
Residential Site Plan Approval
CONTINUED - CASE No. 2008-03 - JESSICA STRAUSS, 5712 Pimlico Road, Baltimore, MD 21209, requests Residential Site Plan Approval under Eastham Zoning By-Laws Section IX.D1 Residential Lot Intensity 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.
Chairman noted correspondence from Gary Lee of Leeside Construction Co. on behalf of the Owner Jessica Strauss requesting a postponement to appear before the Zoning Board of Appeals.
A MOTION was made by Ms. Abbott and Seconded by Mr. Cole to CONTINUE Case PB2008-03.
VOTE: Unanimous (6-0) Abbott, Cole, McDonald, Morse, Nightingale, Sandler.
Commercial Site Plan Approval
CASE No. PB2008-05 -PETER DOOLITTLE, 95 South Sunken Meadow Road, Eastham, MA, seeks a Special Permit for Commercial Site Plan Application approval under the Town of Eastham Zoning By-Laws Section XIII. Site Plan Approval-Special Permit, Paragraph B.1. for alterations and construction of a new building on property located at 2355 State Highway, Map 15 Parcel 087.
Peter Doolittle, Owner and Applicant, gave the presentation and distributed to the Planning Board an updated Site Plan dated March 6, 2008.
Town Planner noted the Board of Health letter was not available as the Health Agent has been absent due to illness.
Board discussed some concerns with Applicant regarding mass of building and parking spaces.
Chairman called for comments from interested parties in attendance.
Jeff Havlick, 40 Chokeberry Drive spoke in favor of having the business but not in that area of the Town.
Kay Albert, President of the Eastham Historical Society spoke referring to the letter sent to the Board dated March 10, 2008. Mr. Doolittle was given a copy of that letter. She went over their concerns that the site conform to the ascetics of the area suggesting the building be shingled.
Kathy Fogg, 2425 State Highway spoke against approval of this type of development near residential homes.
Applicant Mr. Doolittle read a letter from Walt Malec he had received with concerns regarding noise. Mr. Doolittle said the present highway noise is louder than any noise his work would create.
Mr. Doolittle asked if he might continue this case in order to incorporate some of the concerns presented tonight into his plans and also, he will have been heard by the Zoning Board of Appeals that will meet tomorrow evening, March 13, 2008.
A MOTION was made by Ms. Abbott and Seconded by Mr. Cole to CONTINUE Case No. PB2008-05.
VOTE: Unanimous (6-0) Abbott, Cole, McDonald, Morse, Nightingale, Sandler.
Residential Site Plan Approval
CASE #PB2008-06 -MARK POWERS, 11 Old Turnpike Road, Haddam, CT 06438, seeks Residential Site Plan Application approval under the Town of Eastham Zoning By-Laws Section IX. Intensity Regulations, Paragraph D.1. Residential Lot Intensity for conversion of a second floor storage space to living space on property located at 70 Old State Highway, Map 22 Parcel 009.
Michael Cole recused himself from this matter.
Presentation given by Owners Mark Powers and Michael McNamara. They are looking to add 500 square feet with a second level living area on a pre-existing building giving a 1.53% increase to the site coverage.
Board confirmed that Applicant has a building permit for a rebuild of the building destroyed by a fire with second storage space not for a finished second floor space. Board had an interest in the authorization for the 2003 enlargement that was done to this building by the previous owner, Harry Hunt as the file has no building permit for that work. Chairman suggested that the history on this building needs to be clarified.
Chairman took comments from the audience.
Alexandra Heilala, 150 Ellis Road, Eastham spoke in opposition with concerns over the size of the new building with the second floor and farmers porch added. She mentioned having concerns when this same building was enlarged by the previous owner but she had said nothing. It is once again enlarged and she now has to address it.
A MOTION was made by Ms. Abbott and Seconded by Mr. Sandler to CONTINUE Case No. PB2008-06.
VOTE: Unanimous (5-0) Abbott, McDonald, Morse, Nightingale, Sandler.
Other Business:
Road Acceptance - To consider the acceptance of Chipmunk Lane as a Public Road.
Chairman addressed the Petition that has been submitted to take Chipmunk Lane as a Town Road. The Eastham Board of Highway Surveyors does not recommend approval because it does not meet the current Standards & Regulations outlined in the Revised (2007) Road Acceptance Policy Pre-Inspection Check List.
Mr. Martin McDonald, Board of Selectmen, addressed the Board and stated that the Selectmen had recently turned this down. The Board was unaware of that outcome.
A MOTION was made by Ms. Abbott and Seconded by Mr. Nightingale to recommend against this Petition to take Chipmunk Lane as a Public Road.
VOTE: Unanimous (6-0) Abbott, Cole, McDonald, Morse, Nightingale, Sandler.
PB2007-20 - Florence Lee - 7 West Shore Drive, Map 07A Parcel 005 - Minor Modification to Residential Site Plan Approval under Eastham Zoning By-Laws Section IX.D. to remove an existing dwelling and construct a new dwelling on property.
Mr. McDonald recused himself from this matter.
Chairman went over the series of events that led to this reconsideration of the Minor Modification approved at the February 13, 2008 Planning Board Meeting. Chairman clarified that the height of the building in question has been built to the same plans approved by the Planning Board. The height of the building and how this height was calculated is on the original site plan given to the Planning Board and the height is within ? inch of the plans. The minor modification involved a walkout on the water side of the building not shown on the original plans and this was the minor modification discussed at the February 13, 2008 Planning Board meeting. The Board was unaware at that time that an abutter to this property was gravely concerned and had been in communication with the Town Hall administrative offices about this
construction. This abutter was unaware that a minor modification would be considered at the February 13, 2008 meeting. Chairman stated that the Board has the following options in order to allow all parties to be heard in the matter of the minor modification:
1. Waiver to the site plan review.
2. Reopen Special Permit to address change in plans.
Chairman would ask for a motion to rescind the previous decision and ask for a waiver.
Robert E. McGaw, 7? West Shore Drive, identified himself as the concerned abutter and asked to address the Board. He spoke in opposition to this project very much concerned with the height of the new building in relation to the other homes in the area and he was under the impression after speaking with the Eastham Building Inspector that the height was not given on the original plans. He also stated that the basement is very finished and looks like a three story building not a two story building.
Chairman reiterated to Mr. McGaw that the Planning Board was unaware of his complaint. Board said the plans need to be clear and thorough and the same as what is built.
A MOTION was made by Mr. Cole and Seconded by Mr. Sandler to rescind the Planning Board's approval of a minor modification made in Case PB#2007-20 made at the February 13, 2008 Planning Board meeting.
VOTE: Unanimous (5-0) Abbott, Cole, Morse, Nightingale, Sandler.
Case PB2006-10 - Robert and Cheryl Steinbruch - 255 Corliss Way, Map 18 Parcel 003 - Extension Request for Residential Site Plan Approval under Eastham Zoning By-Laws Section XIV and IX.D.
Mr. McDonald recused himself.
A MOTION was made by Ms. Abbott and Seconded by Mr. Cole to grant the request for a two (2)-extension to Planning Board Case No. 2006-10.
VOTE: Unanimous (5-0) Abbott, Cole, Morse, Nightingale, Sandler.
Minutes:
A MOTION was made by Mr. Cole and Seconded by Mr. Sandler to approve the February 13, 2008 Minutes as presented.
VOTE: Unanimous (6-0) Abbott, Cole, McDonald, Morse, Nightingale, Sandler.
Chairman reminded the Board of the March 19, 2008 Work Session regarding the proposed amendments to the Eastham Zoning By-Laws to be held in the small meeting room in Town Hall at 5:00 p.m. Although only Board members will be able to vote, the alternates are welcome to attend.
The Public Hearing on these proposed amendments to the Eastham Zoning By-Laws will be held March 26, 2008 in the large conference room at 5:00 p.m.
Adjournment:
A MOTION to adjourn was made by Mr. Sandler and Seconded by Mr. Cole.
VOTE: Unanimous (6-0) Abbott, Cole, McDonald, Morse, Nightingale, Sandler.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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