PLANNING BOARD
MAY 14, 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.
Chairman called the meeting to order at 5:00 PM.
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.
Chairman called for motion to continue this case as applicant needs to go before the Zoning Board of Appeals for a variance.
A MOTION was made by Debbie Abbott and Seconded by Michael Cole to continue this case to the July 9, 2008 Planning Board meeting.
The VOTE: 6-0 IN FAVOR: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
OPPOSED: None.
Motion Passed.
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 gave presentation noting new plans had been given to the Board members.
No questions or comments from the public.
Comments from Board:
Howard Sandler very much supports the plan. Peter McDonald still thinking about whether the building is in harmony with other buildings in the area. Craig Nightingale thinks the business is a
benefit to the Town. Debbie Abbott is torn as Mr. Doolittle has done all we've asked but this is still going to be a big building on Route 6 and I really can not support it. Michael Cole echos Ms. Abbott and recognizes Mr. Doolittle has worked hard on this project but goes back to the Eastham Zoning By-laws under commercial site plan review Section XIII.D. under waivers and thinks this belongs in an industrial zone and not on the highway.
The following Findings of Fact were presented for consideration:
1. The business is legitimately run on a pre-existing non-conforming site.
2. The new building will not be detrimental to the neighborhood.
3. The traffic flow would be less than the pre-existing service station.
4. The removal of the canopy would be a positive to the neighborhood.
5. Plans currently considered are elevation plans dated April 23, 2008 by Peter J. Coneen LLC, Site Plan by Timothy J. Brady of East Cape Engineering, Inc. dated 4/30/08, and panoramic view titled Northeast View of Proposed & Existing received and dated for May 14, 2008 Planning Board Meeting.
6. Numerous letters from abutters supporting this project have been received.
Don Andersen sitting as Alternate.
A MOTION made by Peter McDonald and Seconded by Howard Sandler to accept as a Finding of Fact that the business is legitimately run on a pre-existing non-conforming site.
The VOTE: 6-0-1 IN FAVOR: Abbott, Morse, McDonald, Nightingale, Sandler, Andersen.
OPPOSED: None
ABSTAINED: Cole.
Motion Passed.
A MOTION made by Howard Sandler and Seconded by Don Andersen to accept as a Finding of Fact that the new building will not be detrimental to the neighborhood.
The VOTE: 4-3 OPPOSED: Abbott, Morse, Cole, McDonald.
IN FAVOR: Nightingale, Sandler, Andersen.
Motion Failed.
A MOTION made by Howard Sandler and Seconded by Don Andersen to accept as a Finding of Fact that the traffic flow would be less than the pre-existing service station.
The VOTE:7-0 IN FAVOR: Abbott, Morse, Cole, McDonald, Nightingale, Sandler, and Andersen.
OPPOSED: None.
Motion Passed.
A MOTION made by Howard Sandler and Seconded by Don Andersen to accept as a Finding of Fact that the removal of the canopy would be a positive to the neighborhood.
The VOTE:7-0 IN FAVOR: Abbott, Morse, Cole, McDonald, Nightingale, Sandler, and Andersen.
OPPOSED: None.
Motion Passed.
A MOTION made by Michael Cole and Seconded by Craig Nightingale to accept as a Finding of Fact the currently submitted plans dated April 23, 2008 by Peter J. Coneen LLC showing the elevations, the site plan dated 4/30/08 by Timothy J. Brady of East Cape Engineering, Inc., and a panoramic view titled Northeast View of Proposed & Existing received and marked for the May 14, 2008 Planning Board Meeting.
The VOTE:7-0 IN FAVOR: Abbott, Morse, Cole, McDonald, Nightingale, Sandler, and Andersen.
OPPOSED: None.
Motion Passed.
A MOTION made by Michael Cole and Seconded by Debbie Abbott to accept as a Finding of Fact that numerous letters from abutters supporting this project have been received.
The VOTE:7-0 IN FAVOR: Abbott, Morse, Cole, McDonald, Nightingale, Sandler, and Andersen.
OPPOSED: None.
Motion Passed.
A MOTION made by Michael Cole and Seconded by Debbie Abbott that we find that the construction of the proposed building and its operation therein will be detrimental to the neighborhood.
The VOTE:4-3 IN FAVOR: Abbott, Morse, Cole, McDonald.
OPPOSED: Nightingale, Sandler, Andersen.
Motion Passed.
FINDINGS OF FACT:
1. The business is legitimately run on a pre-existing non-conforming site.
2. The traffic flow would be less than the pre-existing service station.
3. The removal of the canopy would be a positive to the neighborhood.
4. Plans currently considered are elevation plans dated April 23, 2008 by Peter J. Coneen LLC, Site Plan by Timothy J. Brady dated 4/30/08, and panoramic view titled Northeast View of Proposed & Existing received and dated for May 14, 2008 PB Meeting.
5. Numerous letters from abutters supporting this project have been received.
A MOTION made by Howard Sandler and Seconded by Craig Nightingale to accept this project as to the last site plan submitted and stated in the findings of fact with the following Conditions:
1. The existing canopy is removed.
2. All conditions and proposed operational controls as stated in applicant's letter of February 2008, Subject: Proposal and Variance Request for Vehicle Repair Facility are adhered to.
The VOTE: 3-4 OPPOSED: Abbott, Cole, Morse, McDonald.
IN FAVOR: Nightingale, Sandler, Andersen.
Motion Failed.
Commercial Site Plan Approval
CASE NO. PB2008-08 BOGUSHA DUDA seeks a Special Permit for Commercial Site Plan approval under Town of Eastham Zoning By-laws Section XIII. Site Plan Approval-Special Permit, Paragraph B.1. to extend the current use and put in a self-serve car wash to the side of the current gas station/convenience store on property located at 4565 State Highway, Map 8 Parcel 286.
Applicant asked for a continuance to submit additional plans.
A MOTION made by Debbie Abbott and Seconded by Craig Nightingale to continue Planning Board Case No. 2008-08 to the June Planning Board meeting.
The VOTE:6-0 IN FAVOR: Abbott, Morse, Cole, McDonald, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Residential Site Plan Approval
CASE NO. PB2008-09 DONALD JOHNSON seeks Residential Site Plan approval under Town of Eastham Zoning By-laws Section IX. Intensity Regulations, Paragraph D.1. to add a second level to an existing one-story dwelling on property located at 650 Campground Road, Map 7A Parcel 036.
Stephanie Sequin of Ryder & Wilcox represented applicant.
Richard S. Johnson, 635 Campground Road, spoke in favor of the project.
Brad Tucker, 630 Campground Road, spoke in favor of the project.
Tom Johnson sitting as Alternate.
A MOTION made by Michael Cole and Seconded by Debbie Abbott to approve Planning Board Case No. 2008-09 Residential Site Plan Approval application.
The VOTE:7-0 IN FAVOR: Abbott, Morse, Cole, McDonald, Nightingale, Sandler, Johnson.
OPPOSED: None.
Motion Passed.
Other Business
Name Change for Forrest Avenue - Mr. Russ Moore brought this request to the Town's attention. Chief Hedlund has written in agreement to the name change. Board noted that from a public safety point of view this is a good idea.
A MOTION made by Michael Cole and Seconded by Peter McDonald to support Chief Hedlund's suggestion that the students and faculty of Children's Place rename their end of Forrest Avenue.
The VOTE: 7-0 IN FAVOR: Abbott, Morse, Cole, McDonald, Nightingale, Sandler, Johnson.
OPPOSED: None.
Motion Passed.
Approval Not Required (ANR) Informal Review
CUNNINGHAM, JOHN, 30 Knowles Street, Map 12 Parcel 82C
Bob Sheldon (Realtor) addressed the Planning Board regarding the plan to move the lot lines for resale and the question is whether they can both be sold as buildable lots. Lots were created before 1988 and would changing the lot lines cause loss of pre-existing non-conforming rights. Presently, Lot 1 has an out building/barn on it and Lot 3 has a new home on it. The combined size of Lot 1 and Lot 2 would be about ? acre. Planning Board endorsement of the change in lot lines does not guarantee they remain buildable lots. Board suggests that it would be in the best interest of the client to consult with an attorney.
Wind Turbine By-Law
Town Planner asked a Work Session be scheduled to address a wind turbine by-law. They will address at the June meeting and will consider the Planning Board having a regular scheduled work session each month in addition to the regularly scheduled public hearing.
Planning Board Decisions
A MOTION was made by Peter McDonald and Seconded by Michael Cole that any Planning Board officer be allowed to sign the Planning Board Decisions.
The VOTE:6-0 IN FAVOR: Abbott, Morse, Cole, McDonald, Nightingale, and Sandler.
OPPOSED: None.
Motion Passed.
Truro Planning Board
Eastham Town Planner extended invitation from the Truro Planning Board to all members of the Eastham Planning Board to attend the Truro Planning Board June 10th public meeting at 7:00 p.m. for discussion of residential site plan approval by-laws.
David Rawl, Wellfleet Planning Board
Mr. Rawl as a member of the Wellfleet Planning Board addressed the Board with questions regarding the Planning Board decision process and some of the issues addressed during this hearing and residential site plan approval hearings in general.
Brewster Sand & Gravel Update
Chairman gave an update on the Brewster Sand & Gravel situation that was discussed at the last Planning Board meeting with Dennis Murphy. Building Inspector has told them they do not need to come before the Planning Board after all. Board members are encouraged to go out and take a look. Howard Sandler will tell the Building Inspector he needs to issue a Cease and Desist Order until application is made to continue the new business on that site.
Community Preservation Committee
Debbie Abbott will replace Peter McDonald serving on this committee.
Minutes
A MOTION was made by Michael Cole and Seconded by Debbie Abbott to approve the April 9, 2008 minutes as written.
The VOTE: 6-0 IN FAVOR: Abbott, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Minutes Approved.
Adjournment
A MOTION to adjourn was made by Howard Sandler and Seconded by Peter McDonald.
The VOTE: 6-0 IN FAVOR: Abbott, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Meeting adjourned at 6:40 PM.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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