Planning Board Work Session
September 17, 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
Board of Selectmen Liaison Present: Martin McDonald
Staff Present: Sarah Raposa-Town Planner
Residents Present: Pam Hesse
Chairman Leslie-Ann Morse opened the Work Session at 4:00 p.m.
Wellfleet Zoning Bylaw Change:
Town Planner distributed copies of the legal notice for the Town of Wellfleet's proposed zoning changes for the incorporation of site coverage calculations and site plan approval. Several members of the Board participated in discussions of Eastham's experiences with having a site plan approval bylaw in place since 2001.
Cape Cod Commission Land Use Vision Map:
Town Planner distributed information regarding an upcoming presentation to the Planning Board by Martha Hevenor of the Cape Cod Commission.
Case No. PB2008-13:
Peter McDonald recused himself.
Howard Sandler presented to the Planning Board a list of Findings of Facts that should have been included in the Planning Board decision of August 13, 2008.
1. At the Planning Board Meeting August 8, 2007, the Site Plan Review Plans submitted showed a full basement with no windows or doors. To reduce visual impact, sand was to be banked against the foundation wall.
2. When construction was begun, the foundation was poured to include two (2) doors and four (4) windows.
3. Planning Board was not notified of these changes.
4. Building Inspector was not advised of these changes.
5. Building Inspector did not approve of these changes.
6. The current basement plan does not relate harmoniously to the use nor scale and proportions of the existing buildings in the neighborhood.
Mike Cole was concerned about items 4 and 5. Dick Morello said that the Building Inspector does not make decisions on site plans and it was the applicant that did not follow the plan as approved. Items 4 and 5 should be removed and be as follows:
1. At the Planning Board Meeting August 8, 2007, the Site Plan Review Plans submitted showed a full basement with no windows or doors. To reduce visual impact, sand was to be banked against the foundation wall.
2. When construction was begun, the foundation was poured to include two (2) doors and four (4) windows.
3. Planning Board was not notified of these changes.
4. The current basement plan does not relate harmoniously to the use nor scale and proportions of the existing buildings in the neighborhood.
A MOTION made by Debbie Abbott and Seconded by Don Andersen to accept Findings of Fact in amending Case No. PB2008-13.
The VOTE: 6-1 IN FAVOR: Abbott, Andersen, Morse, McDonald, Nightingale, Sandler.
OPPOSED: Cole
Motion Passed.
Wind Turbine By-Law:
The draft wind turbine bylaw was discussed and edited. Mike Cole asked Martin McDonald about scheduling the joint meeting. Leslie Morse suggested the October 8, 2008 meeting date so that the proposed bylaw could be advertised. Town Planner will talk to the Town Administrator about scheduling the joint meeting on October 8, 2008 before the regularly scheduled Planning Board meeting. The Planning Board will finalize edits and bring to a vote to submit to the Board of Selectmen at the work session scheduled for September 30, 2008 at 4:00.
Minutes:
Debbie Abbott noted that the minutes from August 19, 2008 should reflect that she was not present.
A MOTION was made by Michael Cole and Seconded by Howard Sandler to approve the August 19, 2008 minutes as revised.
The VOTE: 6-0 IN FAVOR: Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Minutes Approved.
Residential Site Plan Approval:
Leslie-Ann Morse suggested (citing recent Supreme Judicial Court cases from Edgartown and Norwell) that an improvement to the bylaw might be to take it to special permit. The Edgartown and Norwell cases found that in the case of nonconforming structures one needs a special permit from the Zoning Board of Appeals. After some discussion, it was decided that the Planning Board will not pursue that avenue, citing that requiring an extra vote to reach super-majority is too onerous to the citizens.
Modifications to Plans:
Leslie Morse recommended adding to the bylaw a process for modifying Planning Board approved plans. Discussion included defining a minor modification i.e. volume increase above grade, changes in massing, whether there is a detriment to neighborhood character, height increase? Tom Johnson recommended that a standard condition be added that states that any changes to approved plans shall be reviewed by the Planning Board. Mike suggested that the reviewed changes should revolve around increases to floor area or exposed volume. Also, any change in site coverage should come to the Planning Board. Town Planner will draft a standard condition for Planning Board approval and will also research whether MGL Ch 40 A § 13 can apply to Planning Boards or if it is limited only to Zoning Boards of Appeals.
Board of Health:
Howard Sandler would like to arrange a joint Planning Board and Board of Health meeting to discuss bedrooms. The Town Planner mentioned that annual joint meetings with the Board of Health (and Conservation Commission) are actually written in the charge of the Planning Board.
A Motion to adjourn was made by Howard Sandler and Seconded by Mike Cole
The Vote: All in Favor.
Meeting adjourned at 6:00 pm.
Craig Nightingale, Clerk
Eastham Planning Board
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