PLANNING BOARD
May 13, 2009
MINUTES
Present: Howard Sandler, Craig Nightingale, Michael Cole, Debbie Abbott, Don Andersen, Leslie-Ann Morse, Peter McDonald, Richard Morello-Alternate.
Members Absent: Tom Johnson-Alternate
Staff Present: Sarah Raposa-Town Planner, Melody Gulow-Appeals Clerk
Chairman opened the meeting at 5:00 p.m.
Residential Site Plan Review
CASE NO. PB2009-04 - (Continued from 4/08/09) KENNETH and TARA MITCHELL of Lincoln, MA seek relief from the Town of Eastham Zoning By-Laws, Section IX.D.2. intensity regulations for a residential structure with finished basement that will exceed 3,000 sq. ft. on property location 365 Shurtleff Road, Map 07 Parcel 164.
Attorney Benjamin Zehnder accompanied by architect Andrew Miao and landscape planner George Riley presented details of the revisions that have been made to address the visual massing discussed at the April meeting. Changes in the grading, native plantings, and roof reconfigurations were explained in detail as presented in the new architectural renderings and landscape design plans filed with the Town on May 7, 2009 and distributed to the Planning Board for this hearing. Applicant Tara Mitchell and the project builder Joe Vigliotte were in attendance.
Chairman opened the meeting for Board questions.
Town Planner asked if the Conservation Commission now needed an Administrative review or an Amended Order of Conditions. Mr. Riley responded that Amy Usowski, Deputy Natural Resources Officer, would ask the Conservation Commission what they wanted as the changes to the plans are minimal.
Attorney Zehnder then pointed out there was no need to alter the water side as the vegetation consists of bushes that presently come right up to the deck area.
Attorney Zehnder verified the Board was in receipt of the communication from Mr. Flaherty.
The Board verified Attorney Zehnder was aware of Mr. Matlin's letter.
Chairman opened the meeting for abutter comments and/or questions.
Ronald Matlin, 355 Plateau Road - He said he came to the last meeting and was told the Mitchell case would not be discussed so he left.
Town Planner clarified that he had come on April 28th to a Planning Board Work Session and the Mitchell case was not discussed at that work session. The meeting previously referenced was the regular April Planning Board public hearing on April 8, 2009.
Ronald Matlin resumed with concern about the use of the basement for bedrooms and how this intensification of use will affect his septic system. He is concerned about the height and size of the building that has been allowed.
Town Planner pointed out that this case has been before the Board of Health and approved for three (3) bedrooms.
Chairman clarified that the Zoning Bylaws bring a project with site coverage over 3,000 ft. before the Planning Board for review but it does not necessarily prohibit it from being built.
Howard Sandler confirmed to the abutter that the 30 ft. height had been verified and certified height has been submitted to the Planning Board. He spoke about the lack of attendance by the abutters at the April meeting.
Ruth Katzman, Summit Avenue - She had tried to see the plans but when she and Liz Simmons went to Town Hall, they were told the plans were unavailable to view.
Board emphasized that the citizens are entitled to see all public documents.
Ann Matlin, 355 Plateau Road - She explained why she had not attended the April meeting stating that the abutter notice indicated this was an expanded use of a basement. She and her husband did not think that warranted a trip down to the Cape and only when alerted by another neighbor did they understand the full extent of the project. She is impacted by this with the allowance of four full bathrooms and four full bedrooms in addition to the finishing of the basement.
Attorney Zehnder reiterated the improper notification to abutters and hopes they will have full opportunity tonight to be heard and he asked that the Planning Board not be prejudiced by anyone's absence from the April meeting.
Town Planner said a postcard about the continuance to this meeting was sent out and apologized if they did not get that.
Tom Lapham, 435 Shurtleff Road - He is concerned about the increased traffic as there are many walkers along that road and he doesn't see how they can fit on the property and with the short driveway, one car garage and the yard filled with new plantings they will be using the street. He asked that traffic be an issue the Planning Board addresses. He is also concerned the increased landscaping will cause nitrogen loading of the leach fields. He expressed sympathy for the Mitchells' situation and asked how this happened.
Chairman said the Building Inspector could best answer that question, but he is not in attendance tonight
Mr. Riley responded to concern about nitrogen loading, stating the selected planting are suitable for secondary dune environments needing little care and will grow without fertilizer so they should not impinge on the nitrogen levels.
Ruth Katzman, Summit Avenue - Concerned about the sand runoff from the project and the artificial mound that has been created on the property with the high winds in this area it might be a problem. She too feels the parking is an issue with the number of people this larger house can accommodate and having only a one car garage and little room in the driveway.
Applicant Tara Mitchell asked to speak stating she and her family love the Cape and have given specific attention to the landscaping plan by selecting only native plants.
Elizabeth Simmons, 385 Shurtleff Road - This was the oldest house on Shurtleff and she has followed this project going to the Conservation Commission meeting and tracking things since October. She was told this project was not going before the Planning Board. She is unclear why they did not keep the expansion below ground as this structure is now massive.
A MOTION to close the evidentiary portion of the hearing was made by Howard Sandler and Seconded by Craig Nightingale.
The Vote: 7-0. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler, Morse.
Opposed: None.
Motion Passed.
Board discussion and comments followed.
Attorney Zehnder responded to the traffic issue stating they are willing to come back with a parking plan while pointing out there is no parking code in Eastham. Attorney Zehnder addressed the finishing of the basement stating that if the Planning Board had seen this project earlier it would probably have been a lower house but the Mitchells' are going forward on what the Building Inspector told them. He further stated that this will come back again to the Town with what the Mitchells' have lost in time, money and value on their property. Attorney Zehnder continued stating that the making of this decision will not be what changes the process but what needs to happen is to have the Building Inspector sit down with the Planning Board and then change the process or the bylaws to remove the wiggle room that the Building
Inspector enjoys now.
Town Planner reminded the Board there is the ability to approve this subject to certain conditions.
Chairman asked Attorney Zehnder if he wanted a continuance. Discussion followed.
Chairman at request of Howard Sandler once again polled the Board.
Craig Nightingale asked that the abutters be given another opportunity to speak.
Chairman did not agree but there was no other objection from the Board.
A MOTION to reopen the evidentiary portion of the meeting was made by Howard Sandler and Seconded by Peter McDonald.
The Vote: 7-0. In Favor: Andersen, Abbott, Cole, Morse, Sandler, Nightingale, McDonald.
Opposed: None.
Motion Passed.
Ann Matlin, 255 Plateau Road -Does not care whether the Mitchells have a basement area finished as long as it does not have an effect on her septic. She does fault everyone who did not let the abutters know about the extent of this building project before it was built. Also, she thinks it would be unreasonable to ask that the building be torn down.
Ronald Matlan, 255 Plateau Road - Found Attorney Zehnder's comments threatening the Board with a lawsuit offensive. Remains concerned about parking, massing, and not being informed earlier. Is not concerned with the basement.
Tom Lapham, 435 Shurtleff Road - Asked if the hip roof affected the setbacks and was told no.
Ruth Katzman, Summit Avenue - Would like to see the elevation plans and is concerned over the roof runoff and whether, without any drains, there will be erosion problems. She does not care about the basement but worries this will set a precedent of letting properties be developed to the maximum. She was also offended by Attorney Zehnder's remarks.
Howard Sandler clarified that the Planning Board is not a precedent setting Board and that each project is taken on its own merits.
Elizabeth Simmons, 385 Shurtleff Road - Would like to know how much extra soil is being brought in. She thinks there is a real parking problem. As far as the basement, she has no concerns.
Craig Nightingale summarized the abutters concerns: 1) public and private parking, 2) it is unreasonable to tear the structure down, 3) basement not a problem, and 4) runoff.
Findings of Fact:
1. Revised roof and window elevations mitigate height concerns.
2. On the left side, the grade will be 42 in. minimum above the garage floor.
3. Parking for three cars according to grading plan.
4. The initial project has approval from the Board of Health.
5. The initial project has approval from the Conservation Commission.
6. As the home stands now, whether you finish the basement or not it does not affect massing.
7. The landscaping plans greatly improve the mass and view of the house.
A MOTION to approve the Findings of Fact was made by Howard Sandler and Seconded by Craig Nightingale.
The Vote: 6-1. In Favor: Andersen, Abbott, Cole, Nightingale, McDonald, Sandler.
Opposed: Morse.
Motion Passed.
A MOTION to approve Planning Board Case No. 2009-04 with the following Conditions was made by Howard Sandler and Seconded by Craig Nightingale.
Conditions:
1. Adherence to the two page landscape and grading plan as presented and dated Rev. April 30, 2009.
2. The landscape plan portion is to be bonded in the amount of $10,000 for two years and will be reviewed by the Planning Board at the regular Planning Board meetings in August 2010 and 2011. (August 11, 2010 and August 10, 2011)
3. That good size stones are strategically placed as barriers in the front of the property to prevent parking on the street as part of the landscaping bond and to be reviewed by Peter McDonald as representative of the Planning Board.
4. That modified building plans and elevations are submitted and are to be reviewed by Peter McDonald when they are submitted to the Building Inspector.
5. The revisions are to be reviewed by the Conservation Commission.
6. The roof runoff shall be contained on site.
7. All lighting to be shielded and contained within the site.
The Vote: 5-2. In Favor: Abbott, Cole, Nightingale, McDonald, Sandler.
Opposed: Andersen, Morse.
Motion Passed.
Don Andersen left the meeting at 7:05
Chairman called a brief break at 7:05.
Planning Board reconvened at 7:09.
Minutes:
A MOTION to approve the March 24, 2009 Minutes as presented 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 the April 8, 2009 Minutes as presented was made by Debbie Abbott and Seconded by Michael Cole.
The Vote: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A MOTION to approve the April 28, 2009 Minutes as presented was made by Debbie Abbott and Seconded by Michael Cole.
The Vote: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Chairman announced the May 19, 2009 Planning Board Work Session is rescheduled for May 26, 2009 [4:00 p.m.] due to the Town Elections.
A MOTION to adjourn was made by Michael Cole and Seconded by Howard Sandler.
The Vote: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Meeting adjourned at 7:10 p.m.
Respectfully Submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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