PLANNING BOARD
JUNE 11, 2008
MINUTES
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Debbie Abbott, Peter McDonald, Howard Sandler, Don Andersen (Alternate).
Staff Present: Sarah Raposa-Town Planner, Melody Gulow-Appeals Clerk.
Chairman called the meeting to order at 5:00 PM.
Chairman announced the Jessica Strauss matter, PB2008-03, 31R Martha Avenue, was on the Agenda in error. The matter was continued to the July 9, 2008 Planning Board meeting at the May 7, 2008 Planning Board meeting.
Commercial Site Plan Approval - Continued
CASE NO. PB2008-08 BOGUSHA DUDA, 4565 State Highway, Map 8 Parcel 286, requests a continuance and Applicant has signed the Agreement to Extend Time Limits.
A MOTION made by Michael Cole and Seconded by Debbie Abbott to continue Planning Board Case No. 2008-08 to the July 9, 2008 Planning Board meeting.
The VOTE:5-0 IN FAVOR: Abbott, Morse, Cole, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Peter McDonald recused himself.
Residential Site Plan Approval
CASE NO. PB2008-10 FLORENCE Y. LEE and ROBIN FOLEY seek a Waiver from Residential Site Plan Review for alterations to the western basement level elevation and the inclusion of a bathroom under Town of Eastham Zoning By-Laws Section XIII.D. on property located at 7 West Shore Drive, Map 7A Parcel 005.
Presentation to Board given by Attorney Ben Zehnder on behalf of Applicants (in attendance). An Amended Order of Conditions Application review by the Conservation Commission is scheduled for June 24, 2008.
Chairman questioned why a Waiver was being requested. Attorney Zehnder replied that he felt the changes do not trigger the need for an application requesting a new complete Site Plan Review.
Board discussion expressed concern over the alterations that were made after the initial Planning Board approval without consultation with the Building Inspector nor the Planning Board. The Board stated that the modifications made have the potential of changing the residential site plan review requirements. Clearly, there has been a lot of concern about this. Finishing the lower level space does count on the site coverage. The Board recommendation would be to have this reopened for a new Residential Site Plan Review of the changes only to be addressed at a public hearing with full notification to all parties.
Robert McGaw, 7 1/2 West Shore Drive, spoke with concern over this project and has submitted documentation to that effect to the Planning Board.
A MOTION made by Howard Sandler and Seconded by Michael Cole to allow Withdrawal Without Prejudice for submission of an Application for Site Plan Review for the August 13, 2008 Planning Board meeting.
The VOTE:5-0 IN FAVOR: Abbott, Morse, Cole, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Peter McDonald rejoined the Planning Board.
Preliminary Subdivision Plan
CASE NO. PB2008-11 HARRIS FAMILY REALTY TRUST, CARL W. HARRIS JR., TRUSTEE, requests Preliminary Subdivision Plan Approval under Town of Eastham Subdivision Rules and Regulations, Section II.2.3. to reconfigure land at 600 Dyer Prince Road, Map 19 Parcel 043A, into seven (7) proposed lots.
Land Surveyor David A. Lyttle and Attorney Duane Landreth represented the Harris family (Lydia Harris in attendance) giving an overview of the proposed subdivision. Mr. Lyttle said there have been some ongoing discussions with the Town and the Harris family about acquisition but not sure that is going anywhere so they would prefer going with a conventional subdivision at this point although they are open to all comments and other considerations from the Board.
Board discussion focused on open space and the pros and cons of cluster zoning as well as walking access for the public. It was pointed out that the Commonwealth laws do provide some public access rights. The Board would have liked having a Board of Selectmen liaison present to address whether the Town intends to buy this property.
Town Planner spoke about the Board of Health Regulations that would require the additional treatment on all lots in subdivisions and the upgrading of existing septic systems. Town Planner had met with the Department of Public Works and the drainage will need to be addressed perhaps by a storm drain(s) as the area does flood. Also, the larger trees, 12-inch diameter or greater, are not on the Plan as required by the Subdivision Regulations. Lastly, a road name should be proposed.
Chairman took comments from the audience.
Mr. Donald Sullivan, 15 Beach Road, turned a letter over to the Board and expressed concern that this area he has walked for 50 years would become inaccessible. He also commented that the map being reviewed is the same as the one he was given 50 years ago when he was considering an acquisition and over those years the beach area has changed dramatically. He suggested a new mapping of the area.
Mr. Lyttle responded that this is a current map of the area and is the result of the recent survey required by the Land Court due to the significant amount of accretion.
Mrs. Jean Kopley, 100 Dyer Prince Road, was concerned a fence would be erected preventing any public access.
The Board would like an easement that would guarantee public access between the wrack line and the Bay.
A MOTION made by Michael Cole and Seconded by Howard Sandler to approve the Preliminary Subdivision Plan presented for 600 Dyer Prince Road subject to the condition that changes will be made as noted by the Board and the public will have access to use of the beach for walking.
The VOTE:6-0 IN FAVOR: Abbott, Morse, Cole, Nightingale, McDonald, Sandler.
OPPOSED: None.
Motion Passed.
Other Business
PETER DOOLITTLE, 2355 State Highway, Map 15 Parcel 087
Mr. Doolittle with Attorney Ben Zehnder and Engineer Peter Coneen gave an informal presentation of the proposed options that would allow him to stay within the setback requirements. After some Board comments, the Applicant was directed to the Town Planner and the Building Inspector for the next step. They confirmed that the Eastham Zoning By-Laws require first review by the Planning Board and then the Zoning Board of Appeals.
Wind Turbine By-Law
Board of Selectmen's letter undated and addressed to Leslie Morse, Esq. with copies to Planning Board members states their request, by consensus, at the Wednesday, June 4, 2008 meeting, that the Planning Board undertake the development of a comprehensive by-law to control the development of Residential and Commercial wind turbines in the Town. A draft by-law will need to be available for review in sufficient time to be included on the Warrant for the May 2009 Town Meeting.
Chairman advised they will meet twice a month for Work Sessions to get the by-law prepared. The first Work Session is scheduled for July 1, 2008 at 4:00 PM. Tentatively, the schedule will be the first and third Tuesdays of each month. Town Planner is keeping notes on other by-law changes that need addressing. Chairman suggests the Board add to that list the consideration of making all residential site plan reviews special permits.
Sign Code
Orleans-Eastham Lodge of Elks Lodge No. 2572, 10 McKoy Road, Representative asked to address the Planning Board regarding relief for use of signs announcing their functions. Board explained that anything not in the current Eastham Zoning By-Laws needs to seek approval from the Zoning Board of Appeals. Town Planner will set up a meeting with the Building Inspector tomorrow morning, Thursday, June 12th, at 9:00 AM. They will need the Building Inspector to put his sign denial in writing as an introduction for relief to the Zoning Board of Appeals. Sign Code revision also needs to be added to the list for the July 1st Work Session.
Third-party Consultant List Inquiry
This will not be addressed tonight but will be put on the Work Session agenda.
Brewster Sand and Gravel Update
Dennis Murphy, 0 Nauset Road, Map 5 Parcels 24 & 26, brought in an incomplete application for commercial site plan review and the Town Planner refused to accept it but it was accepted by the Building Inspector. Town Planner is unaware of the status at present. Planning Board Chairman will write a letter, M.G.L. Chapter 40A., Section 7, on behalf of the entire Planning Board demanding a Stop Work Order in regard to this matter and will give the Building Inspector ten (10) days to do this. The Board will assess the situation in July.
Minutes
A MOTION was made by Michael Cole and Seconded by Howard Sandler to approve the May 14, 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 7:17 PM.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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