PLANNING BOARD
AUGUST 13, 2008
MINUTES
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Debbie Abbott, Peter McDonald, Howard Sandler, Don Andersen, Tom Johnson (Alternate), Richard Morello (Alternate).
Staff Present: Frank DeFelice, Building Inspector, Sarah Raposa-Town Planner, Melody Gulow-Appeals Clerk.
Board of Selectmen Planning Board Liaison: Martin McDonald
Chairman called the meeting to order at 5:00 PM.
Approval Not Required (ANR)
CASE NO. PB2007-17 HARRIS FAMILY REALTY TRUST/CARL W. HARRIS, JR. seeks re-endorsement of updated plan mandated by the Barnstable County Land Court of the property located at 2540 Nauset Road, Map 05 Parcel 062.
David Lyttle, Ryder & Wilcox, explained that Land Court has requested that, because so much accretion has occurred in the past fifty years, the applicants document it on the plan. They are filing a subsequent petition with Land Court so the Harris Family can claim the accreted property. Thus, they are back for re-endorsement of the two-lot ANR from last summer. Nothing has changed other than they have shown the mean high water mark per according to Land Court Plan No. 2883A as of 1958 as well as the mean high water which they went out to relocate per Land Court instructions not only on the Harris property but north and south of the property to do according to their requirements. Basically, the plan has not changed at all.
A MOTION made by Howard Sandler and Seconded by Peter McDonald to endorse the updated ANR #PB2007-17.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morse, McDonald, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Chairman announced change in order of the agenda.
Residential Site Plan Approval
CASE NO. PB2008-14 R. SCOTT MAGNACCA and ROBERT E. MAGNACCA seek approval in relief of the intensity regulations as stated in the Town of Eastham Zoning By-Laws Section IX.D.2. to construct a new garage with space above on property located at 15 Martha Avenue, Map 10 Parcel 200.
Applicant has written requesting continuance due to a family health emergency.
Note: Board wants to see a certified foundation plan for Case No. PB2008-14 before it is heard.
A MOTION made by Mike Cole and Seconded by Peter McDonald to continue Case No. PB2008-14 to the September 10, 2008 Planning Board meeting.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morse, McDonald, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Residential Site Plan Approval
CASE NO. PB2008-03 JESSICA STRAUSS seeks approval for alterations to the residence on property located at 31R Martha Avenue, Map 10 Parcel 202.
Michael Cole recused himself from deliberations in Case No. PB2008-03.
Alternate Tom Johnson will sit for Case No. PB2008-03.
Presentation given by Attorney Duane Landreth with owner Jessica Strauss and project surveyor David Lyttle. Architect Jim Arnold in attendance. Plans being considered are Ryder & Wilcox Site Plan originally dated July 9, 2007 Revised up through August 7, 2008 and Plans by Penza Bailey dated 26 June 2008 Revised through 6 August 2008 which are five (5) sheets, A2-1 and A2-2 are elevations and A1-1, A1-2, A1-3 are basement, first floor and second floor plans. All other plans should be disregarded. The present plan now conforms in all respects to the Town of Eastham Zoning By-Laws. The applicant will need to go back to the Conservation Commission once approval is granted so they have the current plans but none of these modifications impact the coastal area. The Conservation Commission's
request that the foundation stay the same has driven the present design. Note: Landscape Plan being considered by Seth Wilkinson dated September 5, 2007.
Chairman opened to public comments.
Dean Scofield, 35 Martha Avenue, concerned with the increase in mass of the structure and submitted a letter for the record.
Sue Williamson, 25 Martha Avenue on behalf of her mother Lucy Williamson with concerns about the impact of the height of this structure.
Reference made to Zoning Board of Appeals constraints on this project in the decision made on Appeal No. Z2008-06, June 12, 2008. Board noted they are not pleased with 20% lot coverage.
Building Inspector told Board he has no concerns with the plans.
A MOTION made by Howard Sandler and Seconded by Peter McDonald to approve Case No. PB2008-03 based on the submission of a lighting plan to the Building Inspector before any building permit is issued and that the dead space over the livingroom/dining will never be floored over and never used.
The VOTE: 5-2 IN FAVOR: Abbott, Andersen, McDonald, Nightingale, Sandler.
OPPOSED: Morse, Johnson.
Motion Passed.
Michael Cole rejoins Planning Board.
Residential Site Plan Approval
CASE NO. PB2008-15 GALILEO and WENDY BONFINI seek relief of intensity regulations as stated in the Town of Eastham Zoning By-Laws Section IX.D.2. to construct a garage for both the parking of cars and storage of equipment on property located at 2265 State Highway, Map 15 Parcel 095B.
Mr. Bonfini gave presentation noting that the shed presently on the property is not shown on the plans but will remain.
Board asked the Building Inspector if the plans were suitable to issue a building permit and he responded in the affirmative and that he has no problem with the project.
No public comments.
A MOTION made by Peter McDonald and Seconded by Howard Sandler to approve Case No. PB2008-15 with the condition that the shed dormers on either side are pushed back a minimum of 2 (two) feet from the front gable wall.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morse, McDonald, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Commercial Site Plan Approval
CASE NO. PB2008-16 PETER DOOLITTLE seeks a Special Permit in relief of the Town of Eastham Zoning By-Laws Section XIII.B.1. for construction of a commercial building to be used for vehicle repair on the property located at 2355 State Highway, Map 15 Parcel 087.
Board Chairman in accordance with M.G.L. ch. 40A §16. asked why this matter should again be heard by the Planning Board.
Attorney Benjamin Zehnder discussed the changes from the previous plans submitted under Case No. PB2008-05 emphasizing the substantial reduction in size.
It is the Building Inspector's finding this will need to go to the Zoning Board of Appeals.
Findings of Fact:
1. Building plan has been dramatically reduced from 4,500 square foot footprint to 1,610 square footprint;
2. Building currently complies with all setback requirements; and
3. Seems to be better on-site circulation.
A MOTION made by Michael Cole and Seconded by Howard Sandler to accept the Findings of Fact.
The VOTE: 6-1 IN FAVOR: Abbott, Andersen, Cole, McDonald, Nightingale, Sandler.
OPPOSED: Morse.
Motion Passed.
A MOTION was made by Howard Sandler and Seconded by Peter McDonald that based on the Findings of Fact the Planning Board hear Case No. PB2008-16 tonight.
The VOTE: 6-1 IN FAVOR: Abbott, Andersen, Cole, McDonald, Nightingale, Sandler.
OPPOSED: Morse.
Motion Passed.
Presentation by Attorney Benjamin Zehnder with owner Peter Doolittle. Site Plan has marked the building for vehicle repair but building might be used for other types of business. No bathroom on plan as the bathroom in the other building can be used. The landscaped island shown on the previous plan has been removed because of safety allowing cars to make a quick exit off Route 6.
Board confirmed with applicant that tonight the hearing is limited to the use of vehicle repair.
Discussion regarding the use and removal of the canopy. Building Inspector does not believe the area under the canopy was ever used for vehicle repair work and if the applicant does use the canopy area for that type of work, he will have to close it down.
Town Planner asked about parking and storage of vehicles overnight. Attorney Zehnder responded there would be some overnight storage of vehicles. Chairman asked for restrictions in this regard.
Mr. Doolittle stated that he does not intend to be a certified AAA tow lot.
No public comments.
Letter was received from the Historic Commission requesting cedar shingles and a steeper roof pitch.
Building Inspector said the Planning Board generates the Zoning By-Laws and there is a couple of items coming up tonight with this being one that are gray areas. He would appreciate some clarification on the intensification of use issue from the Board.
Attorney Zehnder asked for an informal count of the Board members concerned with the canopy.
Chairman polled Board on whether the taking down of the canopy is important to them:
Abbott: Yes
Andersen: Yes
Cole: Mixed answer as he has a hard time supporting keeping it but not opposed to the project.
Morse: Not for the project.
McDonald: Would like to see the canopy come down.
Sandler: Would not condition his vote on the canopy but would be disappointed if it is left and would like to explore the Zoning Board of Appeals intensification of use criteria. Working outside instead of inside is not an intensification of use.
Nightingale: Will not condition his vote on the canopy.
Affirmative: 4 Negative: 3
Attorney Zehnder asked for a continuance to address the canopy issue.
A MOTION made by Michael Cole and Seconded by Debbie Abbott to continue Case No. PB2008-16 to the September 10, 2008 Planning Board meeting.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morse, McDonald, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
The Building Inspector was asked to attend the Planning Board Work Session next Tuesday, August 19, 2008, to discuss the intensification of use question.
Chairman called for a brief break at 6:25 p.m.
Board reconvened at 6:35 p.m.
Residential Site Plan Review
CASE NO. PB2008-13 ROBIN FOLEY and FLORENCE LEE seek approval of modifications to previously approved Planning Board Case No. PB2007-20 to alter the west side basement elevation and to make on-site changes to accommodate the alterations on the property located at 7 West Shore Drive, Map 07A Parcel 005.
Peter McDonald recused himself from deliberations in Case No. PB2008-13. Tom Johnson asked to sit for Case No. PB2008-13.
Presentation given by Attorney Benjamin Zehnder with Tim Brady, East Cape Engineering, Attorney Sarah Turano-Flores. Applicants Robin Foley and Florence Lee were present.
Amended Order of Conditions has been issued with one minor change on the site plan eliminating the walkway to the lower level.
Changes from the original plans include:
a) basement wall made of wood to half of height of wall;
b) addition of windows and matching doors on water side;
c) retaining walls to control grading done rather than putting fill against the basement;
d) outside shower has been put in;
e) retaining walls on either side of the parking area and a couple of small fences; and
f) access to the deck is slightly different with access only on one side.
A bathroom has been put in and applicants agree to a condition that the area not be made into a bedroom. Board of Health has determined the space is not habitable space.
Town Planner said the Board of Health has seen the new configuration.
The Board pointed out that there is an issuance that this is coming to the Board after the changes have been made. Mr. Brady apologized.
Chairman announced that when plans are approved by the Planning Board, from now on, the plans will be signed in duplicate with one going to the Building Inspector for issuance of the building permit in accordance with the approved plans.
Chairman opened the discussion to the floor.
Eloise McGaw, 7? West Shore Drive, spoke with regret about the breakdown in communication and the hard feelings this project has created in the neighborhood.
Robert McGaw, 7? West Shore Drive, spoke in detail of the errors in this application as a reiteration of his written communications to the Board and asking that the Board not consider approving these modifications. He commented on the lighting that has already been put in but a Lighting Plan has not been provided nor is it being discussed. He would ask that the bright lighting be minimized. In addition, the rock wall installed by the driveway runs too far down and as is, hinders the ability of emergency vehicles to reach his property.
Donald Delaney of Delaney Builders, Barrel House Road, North Eastham, the builder in this project, explained that he received the plans, took them to the building inspector and the building inspector did the inspection. He had no idea there was any problem with the project. Initially, the door and windows were put in after the applicant expressed concern about mold.
Board Chairman commented again that if the plans had been signed by the Planning Board the builder would have known. We now have a Town Planner that will help with some of this.
Donald Plouffe, 9A West Shore, spoke in favor of the project and is pleased with how it looks and has written a letter for the record.
Attorney Zehnder asked that a letter from Mary R. Manning, 13 West Shore Drive also be read into the record in favor of the project.
John Norton, 40 Hideaway Lane, spoke in favor of the project.
Mr. McGaw asked to have letter from Pamela Drolsbaugh put into record.
Attorney Zehnder pointed out that mitigation was attempted but the unreasonable requests and threats of litigation shut them down. He stated that the Lee's are considering rental of this property.
Attorney Turano-Flores spoke about the conservation issues and the use of plants rather than fill pointing out that the present modified plan is environmentally much better as it helps to stabilize the bank and ascetically, the shrubbery will as it grows will lessen the visual impact.
Building Inspector asked for clarification on when modifications require Planning Board approval.
A MOTION was made by Michael Cole to approve Case No. PB2008-13 with the Condition that the basement level remain unfinished as drawn and described in the original plans. No Second.
A MOTION was made by Howard Sandler and Seconded by Craig Nightingale to deny Case No. PB2008-13.
The VOTE: 5-2 IN FAVOR: Abbott, Andersen, Nightingale, Sandler, Johnson.
OPPOSED: Cole, Morse.
Motion Passed. PB2008-13 Denied.
Commercial Site Plan Review
CASE NO. PB2008-12 NAUSET ROAD, LLC/DENNIS MURPHY seeks a Special Permit to allow Brewster Sand & Gravel to operate in the back portion of the commercial lot located off Nauset Road, Map 05 Parcel 024.
Don Andersen recused himself from deliberations in Case No. PB2008-12. Richard Morello sitting for Case No. PB2008-12.
Dennis Murphy gave presentation to the Board.
Board discussion regarding this intensification of use issue and the flyer mailed out to the area advertising a new retail business on this site. Mr. Murphy provided the Board with detailed figures from his accountant's records over the last three years supporting his contention that there has been a decrease in activity on the site. Mr. Murphy said he is working on alternatives for this property and has retained consultant John Lipman.
Building Inspector responded to the Board that he did not consider this an intensification use.
Chairman opened to public comments:
Lisa Radke, 415 Meetinghouse Road, expressed concern with the increase in truck traffic near the bike path and the expanded use on a property that is in the water district.
Benjamin Zehnder, Esq. representing Dennis Berry, suggested the Board check on the two year discontinuance of use issue. He also pointed out that Brewster Sand & Gravel are bringing in new materials to the site to sell and this business has to be an extension of a non-conforming use. His client believes this business should not even be in this part of the Town.
Building Inspector asked the Board when someone is going to do something about the water district issue and clean it up. Board members agreed pointing out that Tilcon has still not done what was required by the Department of Environmental Protection. Building Inspector will send them to the Zoning Board of Appeals if the Planning Board decides it belong there.
Town Planner reminded the Building Inspector and the Board that Mr. DeFelice did, in fact, order the applicant to file with the Zoning Board of Appeals in his letter dated June 19, 2008.
Suggestion was made to issue the Special Permit for a limited time and within that limited time the Zoning Board of Appeals has to rule on whether this is an intensification of use.
Mr. Murphy said over the years his stewardship of this property has been good and he would not let anyone into the property now to damage it. He is in a legal confrontation with Tilcon over the right of way. He, also, assured the Board that there never was a time the land was fallow.
A MOTION was made by Howard Sandler and Seconded by Richard Morello to grant a Special Permit to Nauset Road, LLP to continue their current operations for a period to expire one year from today.
The VOTE: 7-0 IN FAVOR: Abbott, Cole, Morse, McDonald, Nightingale, Sandler, Morello.
OPPOSED: None.
Motion Passed.
Minutes
A MOTION was made by Michael Cole and Seconded by Craig Nightingale to approve the July 1, 2008 minutes as written.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Minutes Approved.
A MOTION was made by Michael Cole and Seconded by Debbie Abbott to approve the July 9, 2008 minutes as written.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Minutes Approved.
A MOTION was made by Michael Cole and Seconded by Don Andersen to approve the July 15, 2008 minutes as written.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Minutes Approved.
Adjournment
A MOTION to adjourn was made by Michael Cole and Seconded by Howard Sandler.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Meeting adjourned at 9:00 PM.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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