PLANNING BOARD
November 12, 2008
MINUTES
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Debbie Abbott, Don Andersen, Peter McDonald, Howard Sandler, Tom Johnson (Alternate), Richard Morello (Alternate).
Staff Present: Sarah Raposa-Town Planner, Amy Usowski-Conservation, Neil Andres-Superintendant-Department of Public Works, Melody Gulow-Appeals Clerk.
Chairman called the meeting to order at 5:01 PM.
Definitive Subdivision
CASE NO. PB2008-19 HARRIS FAMILY TRUST, CARL W. HARRIS, JR., TRUSTEE seeks approval for a Definitive Subdivision Plan showing seven (7) proposed lots on the property at 600 Dyer Prince Road, Map 19 Parcel 043A.
David Lyttle, Ryder & Wilcox, and Attorney Duane Landreth gave the presentation with applicant Lydia Harris in attendance. They have received conditional approval from the Conservation Commission but Order of Conditions can not be issued until the following are completed:
1. Deed restriction;
2. Endangered habitat assessment; and
3. National Heritage approval is issued.
As a result of the Highway Surveyors review, a new roadway plan was prepared and updated drainage calculations were provided. New roadway plan was distributed to the Board members.
Discussion regarding the language submitted by the applicant that would allow continued public access for walking the beach and where that language is to be noted on the plan. Chairman Morse pointed out that possible problems could occur with using the wrack line in the condition language because it moves and the plan is registered in Land Court. The applicants will add the language to the plan for endorsement.
Discussion regarding the 18-foot roadway and whether 16-foot roadway would suffice. Town Planner pointed out a 16-foot roadway might prevent the road being taken by the Town. DPW Superintendant confirmed it would not meet current standards and would not be accepted by the Town. He responded to inquiry regarding Chipmunk Lane that was taken although not meeting current standards replying that it had met the standards in place at the time it was built and it was accepted at Town Meeting last spring.
Mr. Lyttle said applicants would stay with the 18-foot roadway.
Town Planner questioned the absence of covenant language and whether Town Counsel should be consulted regarding same. Board decided that would not be necessary.
Attorney Landreth will get the covenant language together for consideration when the plan is prepared for endorsement. He explained typically there is standard covenant language that boards like to employ and it is rather straight forward merely obligating under condition within a certain period of time what improvements are allowed without pain of loss of rights.
No public comments.
A Motion was made by Howard Sandler to Condition this plan on the following language and that the public shall have the following rights in the shoreline on Cape Cod Bay to the wrack line seaward:
1) To pass on foot over the shore;
2) To pass over the shore in boats and other vessels for navigation, fishing and fowling; and
3) To swim or float in tidal waters;
and this wording is to be incorporated on the Definitive Subdivision Plan. Seconded by Mike Cole.
The VOTE: 7-0. IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
A MOTION is made by Howard Sandler to approve the Definitive Subdivision Plan subject to the approved Conditions and Seconded by Craig Nightingale.
The VOTE: 6-0-1 IN FAVOR: Abbott, Andersen, Cole, McDonald, Nightingale, Sandler.
OPPOSED: None. ABSTAINED: Morse.
Motion Passed.
Residential Site Plan Approval
Peter McDonald recused from hearing Case No. PB2008-22. Richard Morello asked to sit.
CASE NO. PB2008-22 JOSEPH and BARBARA CONDRON seek residential site plan approval for proposed additions to existing dwelling to include a garage and additional living area on the first floor in violation of intensity regulations, Town of Eastham Zoning Bylaws Section IX.D.2, on property located at 155 Thumpertown Road, Map 10 Parcel 227.
Stephanie Sequin, Ryder & Wilcox, representing applicants gave the presentation pointing out the relocation of the driveway going to the new garage and stating there is already a Title V septic system in place and that the property is not near wetlands.
Board questioned the differences shown on the elevation plans in regard to gables and windows.
Town Planner had discussed this with the architect, Peter McDonald, and he confirmed there are errors in the plans and they need to be conditioned in the final decision.
No public comments on this project.
DPW Superintendant stated applicants will need a Road Opening Permit before going forward with this project. Board was unaware of the requirement. Further explanation clarified this has been in existence and will now be enforced. There is not a paving requirement with that at this point. Also, a new state law on trenching will be coming out and the Town will be going to issue Trenching Permits once the new regulations are in place. Board will be kept apprised once this is in place.
Findings of Fact:
1. The new construction is mostly to the rear and adds little roadside visual impact.
2. The proposed addition consistent in style and scale with other properties in the neighborhood.
3. The project is not detrimental to the neighborhood.
A MOTION to approve the Findings of Fact was made by Howard Sandler and Seconded by Craig Nightingale.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morello, Morse, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
A MOTION to approve this project was made by Mike Cole with the following Conditions:
1. There will only be a south side dormer on the garage;
2. There will be two windows over the garage doors on the western elevation;
3. The DPW Road Opening Permit will be attached; and
4. The space over the garage is for storage only.
Seconded by Howard Sandler.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morello, Morse, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Chairman announced change in order of Agenda.
Approval Not Required Plan
CASE NO. PB2008-25 CUNNINGHAM, Constance and John seek endorse of plan for division of land located at 30 Knowles Road, Map 12 Parcel 82-C, and 75 Alston Avenue, Map 12 Parcel 82A, Town of Eastham Subdivision Rules and Regulations, Section 2.2.1.
Matt Farrell gave the presentation on behalf of the clients passing out copies of the Assessor's map.
No public comment on this project.
A MOTION to endorse the ANR Case No. PB2008-25 was made by Howard Sandler and Seconded by Debbie Abbott.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Commercial Site Plan Approval
CASE NO. PB2008-23 JEROPE REALTY TRUST/NATHAN NICKERSON III seeks Waiver of Site Plan Approval-Special Permit to remove and replace existing metal/canvas patio roof with wood roof and replace concrete slab and radiant heat with a full cellar for storage, Town of Eastham Zoning Bylaws, Section XIII.D.
Presentation of project given by Nathan Nickerson to include discussion of additional changes being considered.
Board explained they would not be able to address alterations other than those presented and a new application would be required for further major renovations. Applicant was assured his going forward tonight would not hinder any further application he might need to make.
No public comments.
Findings of Fact:
1. Proposed construction will be on the existing footprint.
2. The height of the proposed roof will not be higher than the existing highest roof line.
3. Use of the proposed construction essentially is not changed.
4. Proposed construction is not more detrimental to the neighborhood.
A MOTION to accept the Findings of Fact was made by Howard Sandler and Seconded by Don Andersen.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
A MOTION made to grant Waiver based on Findings of Fact made by Howard Sandler and Seconded by Craig Nightingale.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Amendment of Subdivision Rules and Regulations
Town Planner explained any Subdivision Rules and Regulations need to be approved at a public hearing and the changes are not substantive but format and grammar only.
No public comments.
A MOTION to consider amending the Subdivision Rules and Regulations at this meeting and Seconded by Craig Nightingale.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
A MOTION to accept the changes to the Subdivision Rules and Regulations as presented was made by Mike Cole and Seconded by Don Andersen.
The VOTE: 7-0. IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Motion Passed.
Minutes
A MOTION to accept the October 8, 2008 Planning Board Minutes was made by Debbie Abbott and Seconded by Mike Cole.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Minutes Approved.
A MOTION to accept the October 14, 2008 Planning Board Work Session Minutes was made by Debbie Abbott and Seconded by Mike Cole.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Minutes Approved.
A MOTION to accept the October 23, 2008 Planning Board Minutes was made by Debbie Abbott and Seconded by Mike Cole.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, McDonald, Morse, Nightingale, Sandler.
OPPOSED: None.
Minutes
Adjournment
A MOTION to adjourn was made by Peter McDonald and Seconded by Mike Cole.
The VOTE: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morse, McDonald, Nightingale, Sandler.
OPPOSED: None.
Meeting adjourned at 7:04 PM.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
| 
