Planning Board
December 10, 2008
Minutes
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Debbie Abbott, Howard Sandler, Peter McDonald, Tom Johnson-Alternate and Richard Morello-Alternate.
Members Absent: Don Andersen.
Staff Present: Sarah Raposa-Town Planner, Melody Gulow-Clerk.
Chairman called the meeting to order at 5:03.
Residential Site Plan Approval
CASE #PB2008-24 McKINLEY, ROBERT and LINDA/20 WEST ROAD seek approval in relief of the intensity regulations, Town of Eastham Zoning By-Laws Section IX.D., to raise the existing dwelling, install a new foundation, finish the basement, and renovate the first floor on the property, Map 04 Parcel 482.
Alternate Tom Johnson asked to sit on Case No. PB2008-24.
Applicants Robert and Linda McKinley present. Tim Klink, project engineer, gave the presentation explaining the reasoning behind finishing the basement rather than putting on a second floor and that the height requirement was dictated by the approved septic system, the need to use gravity for water flow control and the egress windows to accommodate the living area in the basement.
No comments from audience.
Findings of Fact:
1. Project has been reviewed by the Eastham Board of Health and proposed plans for upgraded system with conditions have been approved November 20, 2008.
2. Project is not detrimental to the neighborhood.
3. Project is not detrimental to traffic flow.
4. The high square footage is mitigated by the bulk being below grade.
5. Conservation Commission approved project under administrative review on November 25, 2008.
Building Inspector wants finished basements not calculated in the square footage but Planning Board feels it should be left in so the Planning Board gets to see projects.
A MOTION made by Michael Cole to accept the Findings of Fact and Seconded by Debbie Abbott.
The VOTE: 7-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler, Johnson.
Opposed: None.
Motion Passed.
A MOTION made by Michael Cole to approve based on the Findings of Fact Planning Board Case No. PB2008-24 and Seconded by Craig Nightingale.
The VOTE: 7-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler, Johnson.
Opposed: None.
Motion Passed.
Other Business
Harris Family Trust, Carl W. Harris, Jr., Trustee/600 Dyer Prince Road (Case No. PB2008-19) - Definitive Subdivision Plan for seven (7) lots on the property, Map 19 Parcel 043A.
David Lyttle, P.E., Ryder & Wilcox, and Attorney Duane P. Landreth, representing the applicants, confirmed language requirement specified by the Planning Board at the November 12, 2008 public hearing has been handled with a Note on the Plan referring to the Covenant and Statement of Conditions that will be registered with the Plan in Land Court. Mr. Lyttle also told the Board that his office contacted the Town Clerk for a signature indication that no appeals have been filed. He said that the Town Clerk was reluctant to sign because the Planning Board had not signed the Plan. The Covenant and Statement of Conditions statement were acceptable, as was endorsing the plan without the Town Clerk's signature and six (6) members of Board signed the Plan.
Brackett Farms, LLC/100 Brackett Road
Attorney Benjamin Zehnder representing Mary Jacoby, Brackett Farms, LLC informally addressed the Planning Board to request a recommendation from them to the Eastham Zoning Board of Appeals that the Zoning Board grant the requested Waiver, Appeal No. Z2008-08, to the Eastham Sign Code, Section V Paragraph A. Discussion followed.
A MOTION made by Debbie Abbott and Seconded by Michael Cole to favorable recommend to the Eastham Zoning Board of Appeals that a Waiver be granted based on Section 5 A Waivers of the Eastham Sign Code allowing Brackett Farms LLC to maintain the existing sign on the west exterior wall of the premises identifying the business name, Sam's Deli.
The VOTE: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A memo will be prepared stating the Planning Board recommendation and given to the Zoning Board of Appeals for their December 11, 2008 meeting.
Minutes
Corrections to November 5, 2008 Minutes: 1) Board of Selectmen present should be noted as "Officials" not "Staff" in attendance, and 2) speaker should be William Opal not William Open.
A MOTION to approve November 5, 2008 Minutes as corrected was made by Michael Cole and Seconded by Debbie Abbott.
The Vote: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A MOTION to approve November 12, 2008 Minutes made by Micahel Cole and Seconded by Debbie Abbott.
The Vote: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A MOTION to approve December 2, 2008 Work Session Minutes was made by Michael Cole and Seconded by Debbie Abbott.
The Vote: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Town Planner asked that the Planning Board approve a change in the November 2009 regularly scheduled Planning Board meeting that falls on Veterans Day holiday.
A MOTION was made by Debbie Abbott to change the Planning Board November 11, 2009 public hearing to November 10, 2009 and Seconded by Michael Cole.
The Vote: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Howard Sandler suggested attending the next Board of Health meeting, December 18, 2008. Town Planner said the Board of Health would prefer scheduling a joint meeting in January.
Town Planning announced next Open Space Committee meeting on December 17, 2008.
Discussion regarding the timeline for the Wind Energy Bylaw and a reminder that the next Planning Board Work Session regarding same is on for December 16, 2008 at 4:00 pm. Town Planner will check the Board of Selectmen's meetings schedule for the rest of this month.
Peter McDonald expressed dissatisfaction with the length of time it takes to process the decisions and questioned whether the ten (10) day appeal period should be shortened.
A MOTION to adjourn was made by Richard Morello and Seconded by Debbie Abbott.
All in favor.
Meeting adjourned at 6:20 p.m.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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