PLANNING BOARD
SEPTEMBER 10, 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: 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.
Chairman announced change in order of the agenda.
Commercial Site Plan Approval - Special Permit
CASE NO. PB2008-16 2355 STATE HIGHWAY, LLC/PETER DOOLITTLE seeks a Special Permit in relief of the Town of Eastham Zoning By-Laws Section XIII.B.1. to construct a commercial building to be used for vehicle repair on the property located at 2355 State Highway, Map 15 Parcel 087.
Presentation given by Peter Doolittle asking the Board for the restrictions they are looking for in this project. Board restated and discussed with applicant the conditions originally proposed by Mr. Doolittle in Planning Board Case No. PB2008-05 along with discussion regarding the existing canopy and the pros and cons of its remaining.
Findings of Fact:
1. The proposed building meets all setback requirements.
2. The property has been well maintained and is not detrimental to the neighborhood.
3. Property has pre-existing canopy.
4. The proposed building is not more detrimental to the neighborhood.
5. Current use is not more detrimental to the neighborhood.
6. General traffic flow will be less than that of the Mobil Station that preceded it.
A MOTION made by Howard Sandler and Seconded by Don Andersen to accept the Findings of Fact.
The VOTE: 6-1 IN FAVOR: Abbott, Andersen, Cole, McDonald, Nightingale, Sandler.
OPPOSED: Morse.
Motion Passed.
Conditions:
1. Overnight parking outside will be limited to a maximum 15 vehicles, of which only 3 could exceed 30 feet in length.
2. Any outside parked vehicles must look roadworthy, except in the event of a towed-in accident vehicle which will be removed from outside parking within 48 hours, or in a Town-wide emergency.
3. If any vehicles are left by customers in unassigned parking areas after business hours, they will be moved the next business day except in a Town-wide emergency.
4. General operations will be between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday and closed Sundays. No outside work will be done Monday through Saturday before 7:00 a.m. or after 6:00 p.m. or on Sundays except in a Town-wide emergency.
5. The new building will be shingled on the two (2) street facing sides.
Break was taken briefly at request of the applicant.
Chairman canvassed Board regarding the removal of the canopy as a condition once the meeting resumed with applicant present.
A MOTION was made by Howard Sandler and Seconded by Don Andersen to accept the Conditions.
The VOTE: 4-3 IN FAVOR: Andersen, McDonald, Nightingale, Sandler.
OPPOSED: Abbott, Cole, Morse.
Conditions Accepted.
Board confirmed the plans being considered tonight are: Site Plans for 2355 State Highway, Eastham, MA, Map 15 Parcel 087 prepared for Peter Doolittle by East Cape Engineering, Inc. dated March 5, 2008 and Revised June 30, 2008 in duplicate with landscaping shown on the second copy; and Elevation and Floor Plans dated June 27, 2008, two (2) pages.
Mr. Doolittle reminded Board, as he had explained last month, the island shown on the plans would not be put in due to safety concerns thus allowing a vehicle to rapidly exit off Route 6.
A MOTION to grant a Special Permit based on the Findings of Fact and approve the project in Case No. PB2008-16 leaving the existing canopy and subject to the stated Conditions was made by Howard Sandler and Seconded by Craig Nightingale.
The VOTE: 4-3 IN FAVOR: Andersen, Cole, Nightingale, Sandler.
OPPOSED: Abbott, McDonald, Morse.
Motion Failed - Special Permit Denied.
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.
Presentation given by Land Surveyor Robert Freeman and Attorney Duane Landreth with Robert Magnacca present.
There is presently a Stop Work Order on this project and there was some discussion regarding why this project went as far as it did before coming to the Planning Board. There are two (2) sets of plans and the set provided to the Building Inspector is not accurate in the site coverage calculations.
Board requested the certified foundation plan. Mr. Freeman said he was never asked to present a certified foundation plan and as far as he knows, neither was the builder. No certified foundation plan was presented at this meeting.
Board questioned the second floor of the garage and the need to put in bathroom, French door, outside stairway and balcony if it is not intended to be used as habitable space.
Attorney Landreth asked to have put on record that setbacks are 13 feet to the north and 31 feet to the east on a 19,000 square foot lot and the garage is 28' x 24' or approximately 692 square feet. Applicant has not refused at any time to provide anything requested to the Building Inspector.
Board questions why this was not triggered at the time of applying for the building permit.
Chairman opened to public comment:
Attorney Riley representing the Williamson family, 25 Martha Avenue, passed out pictures and comparison calculations of other homes in the neighborhood and asked that this project as it presently stands not be approved by the Planning Board.
Attorney Landreth in rebuttal asked if the calculations in Attorney Riley's handout came from the Assessor cards with an affirmative answer given. Attorney Landreth pointed out that they are not accurate as the Assessor's figures do not include the garage. Board confirmed this to be true. Attorney Landreth also presented pictures to the Board showing the Williamson's garage with a second story. He pointed out that the Magnacca property was subject to the subdivision regulations in effect at the time the home was constructed.
Chairman opened to Board Comments:
Board consensus was this should be a 2-car garage with storage space only and should be moved 2 feet or sent to the Zoning Board of Appeals. It was also pointed out that what has been built even now does not agree with the plans presently before the Board.
Attorney Landreth consulted with Mr. Magnacca and asked for a Withdrawal Without Prejudice.
A MOTION made by Debbie Abbott and Seconded by Mike Cole to allow Case No. PB2008-14 to Withdraw Without Prejudice.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morse, McDonald, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Other Business:
NAUSET ROAD, LLC/DENNIS MURPHY with John Lipman of Lipman Development Strategies, at the suggestion of the Town Planner, asked to informally address the Planning Board regarding what could/should happen to the 20-acres off Nauset Road, Map 04 Parcel 024, if there was a change in use. Board consented. Mr. Murphy discussed the possibility of a 40B residential development or a medical facility that would also provide employment opportunities. The Board was also given a brief explanation of the legal action Mr. Murphy presently has in Land Court regarding a right-of-way issue on this property which is scheduled for trial November 12, 2008. The Board offered the suggestion of a Town committee to be formed for the gathering of information from other Town departments and then brainstorming about where the Town
would like to go with respect to these 20 acres. Mr. Murphy asked if the Park Service knew about the Planning Board meeting this evening and the Town Planner said they did not but they had the application and plans from the last hearing on this property, Planning Board Case No. PB2008-12 heard August 13, 2008.
Board member Howard Sandler left the meeting.
Minutes
A MOTION was made by Michael Cole and Seconded by Don Anderson to approve the August 13, 2008 minutes as written.
The VOTE: 6-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale.
OPPOSED: None.
Minutes Approved.
Board will address the August 19, 2008 at the next meeting.
Adjournment
A MOTION to adjourn was made by Peter McDonald and Seconded by Craig Nightingale.
The VOTE: 6-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale.
OPPOSED: None.
Meeting adjourned at 7:20 PM.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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