PLANNING BOARD
APRIL 8, 2009
MINUTES
Present: Leslie-Ann Morse, Michael Cole, Craig Nightingale, Debbie Abbott, Don Andersen, Peter McDonald, Howard Sandler, Tom Johnson (alternate), Richard Morello (alternate).
Staff Present: Sarah Raposa-Town Planner, Melody Gulow-Appeals Clerk.
Chairman opened the meeting at 5:00 p.m.
Approval Note Required (ANR)
CASE NO. PB2009-07 LUCILLE A. ST. AUBIN and CAROL ANNE ST. AUBIN / 245 Turnip Field Road (Map 07 Parcel 511) seek endorsement of the division of their tract of land.
Chester Lay of Slade Associates, Wellfleet, MA gave the presentation passing out plans showing the original configuration.
A MOTION was made by Howard Sandler and Seconded by Debbie Abbott to endorse ANR application No. PB2009-07.
The VOTE: 7-0. In Favor: Sandler, McDonald, Nightingale, Morse, Cole, Abbott, Andersen.
Opposed: None.
Motion Passed.
Residential Site Plan Reviews
CASE NO. PB2009-05 JAMES M. MALANDRINOS of Sunderland, MA / 1300 Nauset Road (Map 09 Parcel 040B) seeks relief from the Town of Eastham Zoning By-Laws Section IX.D.2. intensity regulations for a structure that will exceed 3,000 sq. ft. site coverage by replacing the rear gable dormer with a shed dormer adding a single story rear entry/mud room.
James Malandinos gave presentation of project.
Town Planner noted the project had gotten approval from the National Park Service.
Findings of Fact:
1. Project meets National Park Service Guidelines.
2. Project meets the Town of Eastham Zoning requirements.
3. Project is on a large lot with very little site coverage expansion.
4. Project cannot be seen from the public way.
5. Project is not more detrimental to the neighborhood.
A MOTION to approve the Findings of Fact was made by Debbie Abbott and Seconded by Don Andersen.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Morse, Sandler, Nightingale, McDonald.
Opposed: None.
Motion Passed.
A MOTION to approve Case No. PB2009-05 was made by Debbie Abbott and Seconded by Michael Cole.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Morse, Sandler, Nightingale, McDonald.
Opposed: None.
Motion Passed.
CASE NO. PB2009-06 CANDACE BECHGAARD / 93 Sunset Avenue (Map 19 Parcel 055) of Eastham, MA seeks relief from the Town of Eastham Zoning By-Laws Section IX.D.1. intensity regulations for percentage of expansion greater than 2.5% for conversion of second story storage space to a bedroom on the structure.
Jason Ellis representing owner Candace Bechgaard gave a presentation of the project.
Town Planner noted one abutter letter received in approval of the project.
Discussion that followed included concern this project is coming before the Board after construction has already commenced. Note was made that the property does have an existing deed restriction allowing only three (3) bedrooms. Board expressed concerns about the mass of the project.
No comments from audience.
Findings of Fact:
1. Project is not detrimental to the neighborhood.
2. Addition results in a structure compatible with neighboring homes.
3. Project has Board of Health approval.
4. Project has Conservation Commission approval.
5. Proposed site coverage is under fourteen percent (14%).
A MOTION to approve the Findings of Fact was made by Howard Sandler and Seconded by Debbie Abbott.
The Vote: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Motion Passed.
A MOTION to approve Planning Board Case No. PB2009-06 was made by Howard Sandler and Seconded by Don Andersen.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Motion Passed.
Chairman at 5:25 p.m. called for a brief break before proceeding.
Board reconvened at 5:35 p.m.
CASE NO. PB2009-04 (Continued) KENNETH AND TARA MITCHELL of Lincoln, MA / 365 Shurtleff Road (Map 07 Parcel 164) seek relief from the Town of Eastham Zoning By-Laws Section IX.D.2. intensity regulations for a residential structure with a finished basement area that will exceed 3,000 sq. ft.
Attorney Benjamin Zehnder represented owners Mr. and Mrs. Mitchell who were present and along with the builder Joe Vigliotti, gave an overview of the project noting the additional information provided to the Board relative height certification, lighting and landscape plans. Attorney Zehnder reviewed the chronology of events stating that the Mitchells through their builder Joe Vigliotti met with the Town Building Inspector and he subsequently issued them a Building Permit explaining that the Building Inspector told them that the Planning Board was considering a change to the Town By-Laws that would eliminate any need to seek further approval for the project but that did not happen and so his clients are now here. He said he wanted to make it clear there was no ill intent on the part of his clients. The problem is internal
and the fault is not with the applicants who did take the proper steps by first discussing the project with the Building Inspector and only proceeding once they had been issued a Building Permit. Attorney Zehnder then went down through the criteria for residential site plan review as given in the Town of Eastham Zoning By-Laws to explain the project.
Chairman pointed out the citizens of Eastham do have the right to have their By-Laws enforced.
Board discussion followed about the process. Board asked to clarify whether the applicants had been told they would need additional approval to finish the basement area. Attorney Zehnder repeated the Mitchells were told by the Building Inspector that the Town By-Laws were being changed and that they would not need to come back. Board noted they were taking a great risk by going forward. Attorney Zehnder commented that the segmented construction under discussion this evening at length is, in fact, legal. Board member Debbie Abbott then explained that the only reason this case is now before the Planning Board is because the Conservation Commission meeting reviewing this project was viewed by her on the local television channel and she realized the project had never come before the Planning Board. She pursued
it and that is why we are all here today. Board commented that this is the poster child of just why we have the residential site plan review.
Chairman opened meeting for audience comments/questions. There were none. Michael Cole requested that the public comments period remain open. The Chair obliged.
Chairman confirmed with Town Planner that all abutters had been re-notified of the full extent of the project and that this meeting date was properly advertised. Town Planner so confirmed.
Attorney Zehnder entered into record he had spoken directly with abutter Mrs. Corey at 350 Shurtleff who stated she had no objections to the project and that she consented to his relating such at this meeting.
Chairman opened meeting for Board comments. Michael Cole said it is his mission to come up with a by-law that addresses volume. Chairman said she was not satisfied with the height. Attorney Zehnder responded that his clients would not have had a problem with a reduced height and it was not done intentionally to cause a problem and by not approving this project now is really making the Mitchells pay the brunt of what is an internal problem with the process.
Attorney Zehnder asked for a break to consult with his clients.
Board adjourned at 6:25 p.m.
Board reconvened at 6:35 p.m.
Attorney Zehnder said he felt his clients could bring the visual down and could get rid of the dormer in the center. He asked for some feedback from the Board on that.
Board noted taller plantings would be beneficial and that investing in professional renderings done in color would go a long way. Suggestion made to have the improvements bonded for one year with one Board member noting one year may not be long enough.
Attorney Zehnder asked to continue this to the May Planning Board meeting.
A MOTION to continue Planning Board Case No. PB2009-04 to the May 13, 2009 meeting was made by Debbie Abbott and Seconded by Don Andersen.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Other Business
Howard Sandler discussed the local reactions to the wind energy proposal. He would like to revisit the Article 27 change in zoning suggesting withdrawing it on the floor at the Town Meeting. Debbie Abbott noted the pictures being circulated showing a wind turbine at the dump. Mike Cole suggested leaving Article 27 as is and removing Districts B and C from Article 26. Board was canvassed as to cutting districts C and B out of the municipal wind energy plan. Unanimous agreement. Howard Sandler will send to the Town Planner a notification statement to go to be sent to the Board of Selectmen.
Town Planner also called the Board's attention to the Town of Wellfleet's proposed Wind Turbine By-Law for the National Seashore area allowing 400 ft. turbines that was put in the Board's packets for this meeting. Board thanked the Town Planner for getting that information to them.
Town Planner in answering an inquiry stated the public hearing for Warrant Articles will be held Tuesday, April 21, 2009.
Chairman announced Board of Selectmen were pleased with the joint meeting and consideration should be given to another in June.
Minutes
A MOTION to approve the January 14, 2009 Planning Board Minutes was made by Michael Cole and Seconded by Debbie Abbott.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Minutes Approved.
A MOTION to approve the February 18, 2009 4:30 p.m. Planning Board Minutes was made by Debbie Abbott and Seconded by Michael Cole.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Minutes Approved.
A MOTION to approve the February 18, 2009 5:00 p.m. Planning Board Minutes was made by Michael Cole and Seconded by Debbie Abbott.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Minutes Approved.
A MOTION to approve the February 25, 2009 Planning Board Minutes was made by Michael Cole and Seconded by Debbie Abbott.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Minutes Approved.
A MOTION to approve the March 9, 2009 Planning Board Minutes was made by Michael Cole and Seconded by Debbie Abbott.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Minutes Approved.
A MOTION to approve the March 11, 2009 Planning Board Minutes was made by Michael Cole and Seconded by Debbie Abbott.
The VOTE: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Minutes Approved.
Adjournment
A MOTION to adjourn was made by Peter McDonald and Seconded by Debbie Abbott.
Meeting Adjourned at 7:05 p.m.
Craig Nightingale, Clerk
Eastham Planning Board
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