PLANNING BOARD
MARCH 11, 2009
MINUTES
Present: Leslie-Ann Morse, Michael Cole, Craig Nightingale, Debbie Abbott, Don Andersen, Peter McDonald, Howard Sandler, Tom Johnson (alternate).
Absent: Richard Morello (alternate).
Staff Present: Sarah Raposa-Town Planner, Melody Gulow-Appeals Clerk.
Chairman opened the meeting at 5:05 p.m.
Waiver of Site Plan Approval-Special Permit
CASE NO. PB2009-02 KRISTOPHER SMITH (Applicant) and ALAN G. VADNAIS FUNDING TRUST (Owners)/ 50 Brackett Road (Map 08 Parcel 163A) seek Site Plan Approval Waiver, Town of Eastham Zoning By- Laws Section XIII.D., to change the commercial use from a video rental store to a tattoo art gallery.
Kristopher Smith gave presentation of the proposal stating the Eastham Bylaws have no specific usage for tattoo parlors so he is asking for a Waiver. Town Planner commented the Bylaws do not specifically list this usage but it is allowable for the zoning district.
Chairman opened to the Board for questions.
Applicant responded to Board inquiries stating that approximately five people a day would be tattooed. All licenses and credentials are current and in order and the applicant will be appearing before the Board of Health on March 25, 2009. The signage would be within the parameters of what already exists and would be tasteful.
Town Planner said the letter from the Building Inspector gives the rationale for bringing this case to the Planning Board, Town of Eastham Zoning By-Laws Section XIII.B.1.B.
Vice Chairman stated looking at our Waiver criteria - 1) the intensity is dramatically lower, 2) it is an acceptable use for the zoning district, and 3) the building already exists so the landscaping and lighting are moot points. It seems that a Waiver is the appropriate action to take here.
Chairman opened to public comment.
No comments.
A MOTION was made by Howard Sandler to waive site plan review in Planning Board Case No. PB2009-02 and Seconded by Craig Nightingale.
The VOTE: 7-0. In Favor: Abbott, Andersen, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Residential Site Plan Review
CASE NO. PB2009-03 KEITH A. LOWE and APRIL M. PEARCE-LOWE/1 Fallon Road (Map 05, Parcel 247A) seek Residential Site Plan Approval in relief of the Town of Eastham Zoning by-Laws Section IX.D.2. intensity regulations to add an attached garage, screened porch and an upstairs dormer on the residential structure.
Planning Board Member Peter McDonald stepped down from the Board in hearing Case No. PB2009-03 and left the room.
Chairman asked Alternate Tom Johnson to sit for Case No. PB2009-03.
Land Surveyor Chester Lay of Slade Associates, Inc., Wellfleet, MA gave the presentation and presented the Board with additional photographs of nearby homes for comparison and an enlarged map of the area.
Chairman opened for Board questions.
Vice Chairman asked for clarification on calculations and if the garage was included. He stated after applicant's reply that that was not the usual way to reach the total site coverage but now understands what was done. Applicant asked if he should file an amended calculation sheet and the Board responded in the negative.
Town Planner stated she had noted the inconsistencies with the site calculations, called Peter McDonald and then created an amended calculation sheet for the file.
Chairman opened for public comments.
No comments.
Chairman stated first the Board would address a waiver and then the findings of fact and called for a motion.
A MOTION was made by Michael Cole to grant the waiver for topographical detailed plans for Case No. PB2009-03 as the lot is virtually flat and Seconded by Debbie Abbott.
The Vote: 7-0. In Favor: Abbott, Andersen, Cole, Morse, Nightingale, Sandler, Johnson.
Opposed: None.
Motion Passed.
Findings of Fact:
1. Proposed plan fits in with the surrounding neighborhood noting a couple neighbors are virtually the same size scale layout.
2. The plan and layout particularly with the screening is not detrimental to the neighborhood.
3. The new site coverage is significantly less than 15 percent.
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, Morse, Nightingale, Sandler, Johnson.
Opposed: None.
Motion Passed.
A MOTION to grant residential site plan approval to Planning Board Case No. PB2009-03 was made by Michael Cole and Seconded by Craig Nightingale.
The Vote: 7-0. In Favor: Abbott, Andersen, Cole, Morse, Nightingale, Sandler, Johnson.
Opposed: None.
Motion Passed.
Peter McDonald rejoined the Planning Board.
Residential Site Plan Review
CASE NO. PB2009-04 KENNETH and TARA MITCHELL/365 Shurtleff Road (Map 07 Parcel 164) seek Residential Site Plan Approval in relief of the Town of Eastham Zoning By-Laws Section IX.D.2. intensity regulations to finish the basement in the residential structure.
Builder Joe Vigliotte representing the owners stated he is building the house now and they would like to finish the basement and in doing so it will bring it over the 3,000 sq. ft. site coverage restriction.
Chairman pointed out the Board has done the calculations on this and it is over the 3,000 sq. ft. with what is there now. This should have appeared before the Planning Board from the start.
Mr. Vigliotte said the Building Inspector gave him the permit and when he talked with him it was at 3,800 sq. ft. and he guesses the garage is the problem which is too small for a garage and is really a storage room which is 200 plus sq. ft. which does bring it over the 3,000 sq. ft. but the Building Inspector said the garage would not have to be counted.
Chairman said the Planning Board disagrees with that.
Howard Sandler read the definition of 'Site Coverage' out loud stating that the Planning Board and the Building Inspector have been round and round about this as he reads it differently than the Planning Board. The bylaw states clearly that the square footage of any roofed structure, garage, decks are part of the total calculation. He couldn't understand how the applicant was given the permit.
Chairman explained that the Planning Board sat with the Building Inspector on this same issue a few months ago. She recommends this go for a full site plan review as this is in violation of our Zoning Bylaws. This should be republished and advertised not as just finishing a basement but as the building of a new house.
Mr. Vigliotte stated he was just the builder and would do whatever is necessary.
Board reviewed what additional information would be required. They asked to be provided with a lighting plan, a landscape plan, complete calculations calibrating in closets, finished basement area-basically, anything under the roof, height certification, foundation certification and as built plan.
Some discussion followed on rather a Stop Work Order should be issued. Consensus of Board was not to do that but the owners and the builder must understand that if they decide to proceed before getting an approval from the Planning Board it will be at their own risk.
Chairman said the soonest this could be heard was the April meeting due to the publishing requirements and asked Mr. Vigliotte to get all paperwork to the Town Planner right away so they can publish this case in the legal ad to be heard at the April Planning Board meeting.
Town Planner asked that if the Planning Board is going to republish this case do they want to make any decision on this tonight?
Chairman responded they do not but will do everything all at once.
A MOTION was made by Debbie Abbott to continue Case No. PB2009-04 to the April 8, 2009 Planning Board meeting and Seconded by Craig Nightingale.
The Vote: 7-0. In Favor: Abbott, Andersen, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion passed.
Discussion occurred about the definition of a bedroom and the Board of Health and Planning Board needing to be on the same page about it.
Mr. Vigliotti said the windows are not egress windows and bedrooms could not be there legally.
Vice Chairman questioned as to how the legal ad would be different from the present legal ad given the building is already there and no one is here to speak about it.
Chairman commented that the abutters probably think it is the building that was already there that is getting a finished basement. Debbie Abbott commented that two neighbors to this project did approach the Building Inspector and were told the project fell within the Bylaws.
Vice Chairman reemphasized that any continued work proceeds at the owners' own risk understanding that there are probably a couple reasons to continue to cover the roof so as to protect what has already been done and because this stage is the most ominous it will ever look.
Board expressed regret that the project had come along this far without the necessary approval.
Chairman ended the discussion on this case until they next appear before the Board on April 8, 2009.
Chairman announced a Work Session for March 24, 2009 at 4:00 p.m. to discuss the Local Comprehensive Plan and general enforcement of the Zoning Bylaws.
Town Planner commented that this case will not be discussed at the march 24, 2009 meeting and the Chairman confirmed it would not.
Minutes
The October 8, 2008 Joint Board of Selectmen and Planning Board Meeting Minutes have already been approved by the Board of Selectmen.
A MOTION to approve the October 8, 2008 joint meeting of the Board of Selectmen and the Planning Board as presented was made by Debbie Abbott and Seconded by Michael Cole.
The Vote: 7-0. In Favor: Abbott, Andersen, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Minutes Approved.
Other Business
Chairman stated the February 18, 2009 and February 25, 2009 Minutes will be addressed at the next meeting.
Town Planner directed the Board's attention to the spread sheet of the 2008 Planning Board cases they were given. Board may want to do some follow-up on these cases, perhaps a drive-by. Chairman said this would be discussed further at the March 24, 2009 meeting.
Discussion followed regarding the Building Inspector and his permit granting procedures. Chairman ended the discussion when Case No. PB2009-04 was mentioned asking that the Board refrain from addressing this project until the April 8, 2009 meeting.
Town Planner addressed the Board regarding the request for an increase in fees that has been sent to the Board of Selectmen explaining the reasoning for an increase and expressing regret she did not realize the Planning Board should have been more involved in the process but she is bringing it to them now. She has done a survey of other Cape towns and Eastham has one of the lowest fees and most of the towns are getting ready to increase their fees even further. The full costs will never be fully recovered as there are lots of hidden costs and staff time from all departments involved in the processing of applications. The fees collected all go into the general fund.
Chairman canvassed the Board with a majority in favor of increasing the fees and the minority expressing this is the wrong time to be charging people more money.
Tom Johnson asked if the Board would like a list of the things the Planning Board wants to have input on for the Local Comprehensive Plan. Chairman responded in affirmation. He will get it to everyone in time for the March 24, 2009 meeting.
A MOTION to adjourn was made by Howard Sandler and Seconded by Michael Cole.
Meeting adjourned at 6:06 p.m.
Craig Nightingale, Clerk
Eastham Planning Board
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