PLANNING BOARD
APRIL 9, 2008
MINUTES
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Debbie Abbott, Peter McDonald, Howard Sandler, Don Andersen-(Alternate) and Tom Johnson (Alternate).
Staff Present: Sarah Raposa-Town Planner, Frank DeFelice-Building Inspector, Melody Gulow-Appeals Clerk.
Residential Site Plan Approval
CONTINUED - CASE No. PB 2007-20 - FLORENCE LEE seeks minor modification approval (for basement doors and windows as well as a stone retaining wall) to Residential Site Plan Approval granted August 8, 2007 for property located at 7 West Shore Drive, Eastham, Map 7A Parcel 005.
Peter McDonald recused from hearing of Case No. PB2007-20.
Attorney Benjamin Zehnder, on behalf of Owner Florence Lee, has notified the Board of her intent to file a new application. The letter does not outline any specifics about that new application.
Building Inspector asked if the Board has a problem with a temporary Certificate of Occupancy for the second floor only.
Tim Brady said they understand the project is not in compliance with the special permit. The occupancy permit is not in relationship with the special permit. Tonight's meeting was scheduled by the Town of Eastham not by the applicant.
Chairman pointed out that the special permit application was not technically a special permit.
Howard Sandler suggested the Building Inspector give a temporary certificate of occupancy.
A MOTION was made by Howard Sandler and Seconded by Debbie Abbott to allow a withdrawal without prejudice of the minor modification request in Case No. PB 2007-20.
The VOTE: 5-0 IN FAVOR: Abbott, Cole, Morse, Nightingale, Sandler. OPPOSED: None.
Robert McGaw, 7A West Shore Drive, addressed the Board asking if he could be reassured the Board will not reconsider this vote. Chairman responded in the affirmative.
Residential Site Plan Approval
CONTINUED - CASE NO. PB2008-03 JESSICA STRAUSS seeks Residential Site Plan approval under Eastham Zoning By-laws Section IX.D.1. 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.
David Lyttle, Ryder & Wilcox, representing Owner Jessica Strauss, asked for a continuance as the Owner had been told by Attorney George Cavanaugh he would get an extension on this matter and neither the Owner nor Attorney Cavanaugh are present tonight. A continuance of this matter is requested. Mr. Lyttle asked the Planning Board if they would prefer the applicant appear before the Zoning Board of Appeals prior to a Planning Board hearing on this matter. A Zoning Board of Appeals application has not been filed.
Building Inspector said he had spoken with Attorney Cavanaugh and he has given him all the information he needs to appear before the Zoning Board of Appeals.
A MOTION was made by Peter McDonald and Seconded by Debbie Abbott to continue this case to the May 14, 2008 Planning Board meeting.
The VOTE: 6-0 IN FAVOR: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
OPPOSED: None.
Commercial Site Plan Review - Special Permit
CONTINUED - CASE No. PB2008-05 PETER DOOLITTLE seeks a Special Permit - Commercial Site Plan 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.
Owner Peter Doolittle and Peter Coneen (architect) gave a presentation pointing out that the Board comments from the March 12, 2008 Planning Board meeting have been taken into consideration in the parking, the lower elevation (new plans submitted prior to this meeting) and landscape plan (landscape plan distributed). They would request approval to remove the canopy from the site.
Board would like a representation of the site with the new building showing it both with and without the canopy to get a clearer picture of the visual impact. Board noted the new building will not be visible from the Swift Daley House to address a concern mentioned at last month's meeting. There is still some concern regarding the traffic flow both in relation to safety issues with Route 6 traffic and the impact on Van Dale, a private roadway. Board would like Chief Hedlund's comments on the traffic flow based on the current plans. Board suggests the new building have cedar shingles to lessen the visual impact. A metal roof is no problem. This property is in Zone E.
Town Planner pointed out that we do have general comments from Chief Hedlund in the file and he did not note any concerns with the project.
Public Comments:
Ed Stuart, Herring Pond Way supporting the project stated this is an opportunity to support a going business in Town and that Mr. Doolittle has shown he will make this a good looking property.
Craig Nightingale asked Mr. Doolittle if he intended to rent space on the site. Applicant responded in negative.
Mr. Doolittle agrees to an extension of time to make the decision on this case.
A MOTION was made by Peter McDonald and Seconded by Debbie Abbott to continue this case to the May 14, 2008 Planning Board meeting with applicant providing a visual of the new building on the site and a letter from Chief Hedlund with comments in regard to the current plans.
The VOTE: 6-0 IN FAVOR: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
OPPOSED: None.
Residential Site Plan Approval
CONTINUED - CASE No. PB2008-06 MARK POWERS seeks Residential Site Plan 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 from hearing of Case No. PB2008-06.
Don Andersen and Tom Johnson sitting as Alternates.
Owners Mark Powers and Michael McNamara and their legal representative Robert A. Bianchi, Esq. gave a presentation pointing out this is not detrimental to the neighborhood or in disagreement with the Eastham's Zoning By-laws. They are moving the bedrooms from the first floor to the second and making the first floor kitchen more open. Property is rented as a single unit and there is no intention of making the structure a double unit.
Board had some discussion regarding the Zoning By-laws and whether this should be reviewed as a commercial or a residential site plan review.
Building Inspector said he made the determination these are residential structures and he sent this case to the Planning Board because of the 3,000 sq. ft. threshold.
Board agrees to hear this as a Residential Site Plan Review. They noted this was not rebuilt as a replacement of the building that burned as seen by the addition of dormers. Board asked if the permit was to rebuild an exact replacement.
Building Inspector said the permit should have been issued for an exact replacement but it was issued with the addition of the dormers and storage upstairs.
Chairman noted the Town Planner has prepared a chronology of events on this property.
Issue at hand is whether to approve the second floor change from storage space to liveable space.
Board of Health is not concerned as the property is on Orlean's Town water. The septic is for eight bedrooms. The present building does have a more visual impact than what was there.
Chairman called for public comments and there were none.
A MOTION was made by Peter McDonald and Seconded by Debbie Abbott to approve the conversion of a second floor storage space to living space.
The VOTE: 5-2 IN FAVOR: Abbott, McDonald, Sandler, Andersen, Johnson.
OPPOSED: Morse, Nightingale.
Other Business
Petition By-law submitted by Ad Hoc Committee - Section XX - COMMERCIAL WIND ENERGY FACILITIES
Chairman announced this is now closed to public comment.
Board comments:
Sandler: 1) It makes no sense and won't permit any turbines in the Town at all. 2) This Town is not geographically set up for wind turbines. Personally, believe wind turbines belong out in Cape Cod Bay. 3) This By-law does not satisfy our needs.
McDonald: Concerned that this would allow a turbine to be put up by the high school or some other very public place and sees that as a major flaw in the By-law.
Nightingale: Ad Hoc Committee worked hard to come up with a compromise and it is upsetting the by-law has been pulled apart and chopped up.
Cole: Learned a lot about what goes into creating a by-law for wind turbines and he has come to the following conclusions: 1) the Town is not ready for wind turbines and this is unfortunate after two years; 2) this By-law does not really work as it does not allow for improvements in the technology and that will happen; 3) this By-law is unmanageable and counterproductive.
Abbott: Not present during all the discussions regarding the wind By-law but admires all the Ad Hoc Committee has done and at least the Town is more educated regarding wind turbines.
Morse: There are some good pieces in this By-law but the Planning Board needs to do work on it.
A MOTION was made by Michael Cole and Seconded by Craig Nightingale to not recommend the Petition Wind Turbine By-law for the Town Warrantt.
The VOTE: 6-0 IN FAVOR: Abbott, Cole, Morse, McDonald, Nightingale, Sandler.
OPPOSED: None.
Other Business
Dennis Murphy, 0 Nauset Road Off (Map 5 Parcel 24 & 26)
Building Inspector asked Mr. Murphy to come before the Board regarding Brewster Sand & Gravel now doing business at the location of his previous business and to asking whether this increases the non-conformity and traffic flow.
Applicant stated he did not consider this change an increase in activity as he is no longer operating his business there and the demand for this business has decreased considerably. He spoke of some long range plans he has for the property.
Board instructed Mr. Murphy on the need for a site plan review when anything at all is done to a commercial property in the Town and that a traffic study would be required.
Minutes
A MOTION to approve the March 12, 2007 Minutes as read was made by Michael Cole and Seconded by Debbie Abbott.
The VOTE: 6-0 IN FAVOR: Abbott, Cole, Morse, McDonald, Nightingale, Sandler.
OPPOSED: None.
A MOTION to approve the March 19, 2008 Minutes as read was made by Michael Cole and Seconded by Howard Sandler.
The VOTE: 5-0 IN FAVOR: Cole, McDonald, Morse, Nightingale, Sandler. ABSTAINED: Abbott. OPPOSED: None.
A MOTION to approve the March 26, 2008 Minutes as read was made by Michael Cole and Seconded by Howard Sandler.
The VOTE: 5-0 IN FAVOR: Cole, McDonald, Morse, Nightingale, Sandler. ABSTAINED: Abbott. OPPOSED: None.
Adjournment
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 6:55 PM.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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