PLANNING BOARD
June 23, 2009
MINUTES
Present: Howard Sandler, Craig Nightingale, Michael Cole, Don Andersen, Leslie-Ann Morse, Peter McDonald, Tom Johnson-Alternate.
Members Absent: Debbie Abbott, Richard Morello-Alternate
Staff Present: Sarah Raposa-Town Planner
Public Present: Tim Klink
Chairman opened the meeting at 4:00 p.m.
Tim Klink of Harwich, MA, approached the Planning Board regarding the zoning bylaws height limitations in relation to architectural features such as lightning rods, cupolas, and widow's walks. The Planning Board discussed the design features relative to residential and commercial, decorative/functional and appropriate scaling of such features. The Board noted that lightning rods are a safety feature and if used, could have avoided a recent house fire on Harm's Way. The Board agreed to consider the subject further and possibly create a new definition for cupolas that exceeds the 30' height limit on buildings and structures in Eastham. Additionally, the Board will consider lightning rods as an exemption to the building height definition provided they do not extend beyond 12" in length. Mr. Klink said he would find
examples of other towns' regulations that relate to such features. Mike Cole agreed to draft language for the cupolas and lightning rods as well as proposed language to amend the building height definition to close the loophole discovered regarding the methodology. The discussion will resume at the July 28, 2009 work session.
PACE (Public Access Committee of Eastham)
Discussion with PACE Chair Richard Adelman was cancelled. Chair Leslie-Ann Morse gave the Planning Board a synopsis of the dissolution of local building codes into one State Building Code. The appropriate forum for PACE to promote visitability regulations for all new residential construction is at the State level. M.G.L. Ch 40 §3 prohibits communities from regulating or restricting the use of materials, or methods of construction for structures regulated by the State Building Code.
Appointments
Peter McDonald and Debbie Abbott are leaving the Planning Board June 30, 2009. The Planning Board will have to select a new representative to the Community Preservation Act Committee.
Local Comprehensive Plan
Tom Johnson passed out sections of the Cape Cod Commission's 2009 Regional Policy Plan which must be incorporated into the 2010 update of the Local Comprehensive Plan (LCP). Town Planner, Sarah Raposa, handed out an updated implementation table as discussed at the May 26, 2009 work session. The Planning board will review and discuss the remaining item at the July 8, 2009 Planning Board meeting.
Updates
Town Planner updated the Planning Board on the following items:
" Library - Planning Board to send a letter to the Library Building Committee (copies to Martha Magane and the Board of Selectmen) inviting the Committee for an informal review of their project.
" Petition received in opposition to the Nauset Regional School Committee's wind turbine project.
" Notice of proposed sale letter received on June 10, 2009 regarding subdivision on Dyer Prince Road (PB2009-19) indicating the Town's Right of First Refusal on Lot 12.
" Flood Map Modernization - The maps and amendments to the Town of Eastham's Zoning Bylaw Section IV (Flood Plain Zoning) must be approved at Town Meeting 2010 in order for the residents of Eastham to remain eligible for flood insurance.
" Offer from Eastham Forum to have a table at Windmill Weekend relative to wind turbines. The Board would like to decline the offer as they feel the political topics are less well received at Windmill Weekend recently.
" Planning Board Case No. PB2008-14 - The Building Inspector sent an enforcement letter regarding the Stop Work Order placed on the project. Town Planner informally polled the Board on whether the office space indicates habitable space. The consensus of the Board was that it is habitable space, not accessory space, and requires a 25' sideline setback.
" Zoning Board Appeal No. Z2009-04/ Dennis Murphy/Nauset Road LLC - Chair Leslie-Ann Morse to send letter to the Zoning Board of Appeals regarding the expansion of use and the discussion last year (Case No. PB2008-12) and the opportunity to use the year to reduce the nonconforming use in the water resources protection district, not increase it.
Reorganization
Howard Sandler indicated that there was no time left for reorganization. Chair Leslie-Ann Morse agreed and will postpone until the July 8, 2009 Public Hearing.
Adjournment
A MOTION to adjourn was made by Howard Sandler and Seconded by Mike Cole.
The Vote: 6-0. In Favor: Andersen, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Meeting adjourned at 6:25 p.m.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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