PLANNING BOARD
JULY 8, 2009
MINUTES
Present: Howard Sandler, Craig Nightingale, Michael Cole, Leslie-Ann Morse, Tom Johnson, Richard Morello-Alternate.
Members Absent: Don Andersen
Staff Present: Sarah Raposa-Town Planner
Chairman Leslie-Ann Morse opened the meeting at 5:00 p.m.
Residential Site Plan Review
Case No. PB2009-08 - George T. Milliken of Eastham, MA seeks Residential Site Approval under Town of Eastham By-Laws § XIV based on § IX.D.2. to build a 30'x 48'x17' barn on property located at 2645 State Highway, Map 15 Parcel 009.
Town Planner received written request to continue the hearing until August 12, 2009.
A MOTION to continue the hearing until the August 12, 2009 Planning Board meeting was made by Mike Cole and Seconded by Howard Sandler.
The Vote: 5-0. In Favor: Cole, Nightingale, Sandler, Morse, Johnson
Opposed: None.
Motion Passed.
Residential Site Plan Review
Case No. PB2009-09 - Robin Foley, Harvard, MA seeks Residential Site Approval under Town of Eastham Zoning Bylaws Sections IX.D.1 and IVX for alterations to the west-side basement elevation with necessary grade changes to accommodate and to comply with MA DEP Superseding Order of Conditions, and to add basement coverage for an additional bathroom at property location 7 West Shore Drive, Map 07A Parcel 005.
Chairman announced sitting members on the case: Morse, Cole, Nightingale, Johnson, Sandler, and Morello.
Attorney Benjamin Zehnder introduced himself, as well as Tim Brady of East Cape Engineering, and homeowner Robin Foley to the Board and then gave an overview of the project noting the procedural history of the case. Atty. Zehnder and Tim Brady presented plans for finished space, smaller windows and grade changes along the western elevation.
Mike Cole asked Mr. Brady to identify the plans of record. Mr. Brady noted the plan entitled "Foley/Lee Residence 5/22/09, A.1. West Elevation" and the site plan stamped in at the Town Clerk's office on May 28, 2009 indicating slight additions to the plans as per the Planning Board's checklist.
Atty. Zehnder noted that there are no changes proposed for the dimensions of the dwelling, but the addition of 62 square feet for the bathroom in the basement. He also noted that the smaller windows create a limited view so as not to feel like a liveable space. Atty. Zehnder went through the Planning Board's criteria for Site Plan Approval.
Chairman Leslie-Ann Morse opened the hearing to the public. Hearing no comments, the hearing was returned back to the Planning Board.
Mike Cole acknowledged the written comments submitted to the Board for the record. He also inquired about the lighting and if all the fixtures were the same, Mr. Brady said that they are the same as what is already on the building and they are not proposing changing the lighting and that there are no flood lights. Howard Sandler said that he would like the fixture numbers to be written on the plan. Craig Nightengale asked if the door is to remain untouched. Mr. Brady said it is remaining the same. Mr. Morello inquired about access to the bay from the house and Mr. Brady said that doorway area is not designated as a walkway. Tim Brady further described the process relative to the appeal of the Conservation Commission decision of October 2008 and noted that the MA DEP matter is over.
Howard Sandler again referenced the written comments received by the Planning Board. He addressed abutter McGaw's concerns point by point. He indicated that they 1.) The Board discussed the lighting issue, 2.) The Planning Board has no authority to govern parking; that is a police matter, 3.) The plan is noted that there are to be no bedrooms in the basement and that is a Board of Health issue, 4.) Three (3) abutters submitted comments identifying the structure as one that fits in the neighborhood, 5.) Conditions may be noted 6.) The Planning Board does not care about the number of bathrooms. Howard Sandler further noted that he'd like to see a resolution to this matter.
The Chair closed the evidentiary portion of the hearing and Mike Cole proposed the following findings:
Findings of Fact:
1. The site plan showing re-grading on the western elevation was approved by the Conservation Commission and serves to mitigate the view from the west/bayside.
2. The plan entitled "A.1." shows smaller windows and also mitigates the view from the west/bayside.
3. The plan has Board of Health approval.
4. The plan of record notes that the basement level is to remain unfinished.
5. The increase in site coverage, due to the bathroom, is 1%.
A MOTION to approve the Findings of Fact was made by Howard Sandler and Seconded by Craig Nightingale.
The Vote: 6-0. In Favor: Cole, Nightingale, Sandler, Morse, Johnson, Morello
Opposed: None.
Motion Passed.
A MOTION to approve Planning Board Case No. 2009-09 with the following Condition was made by Howard Sandler and Seconded by Richard Morello.
Condition:
1. The lighting fixture number will be noted on the plan.
The Vote: 6-0. In Favor: Cole, Nightingale, Sandler, Morse, Johnson, Morello.
Opposed: None.
Motion Passed.
Mr. Brady made the notation on the plan and submitted it back to the Board.
Tom Johnson will be the point person to track case PB2009-09.
Updates:
" The Planning Board received copies of letters to the Board of Selectmen from the Open Space Committee and Conservation Commission regarding the notice of "right of first refusal" for the Harris Property subdivided in November 2008.
" The Planning Board discussed Board of Selectmen policy to limit terms of regulatory boards and the role of the Search Committee. The Planning Board is concerned that the board suffers from the policy and is short members.
Minutes:
A MOTION to approve the May 13, 2009 Minutes as presented was made by Michael Cole and Seconded by Tom Johnson.
The Vote: 5-0. In Favor: Cole, Nightingale, Sandler, Morse, Johnson
Opposed: None.
Motion Passed.
A MOTION to approve the May 26, 2009 Minutes as presented was made by Howard Sandler and Seconded by Craig Nightingale.
The Vote: 5-0. In Favor: Cole, Nightingale, Sandler, Morse, Johnson
Opposed: None.
Motion Passed.
A MOTION to approve the June 23, 2009 Minutes as presented was made by Michael Cole and Seconded by Craig Nightingale.
The Vote: 5-0. In Favor: Cole, Nightingale, Sandler, Morse, Johnson
Opposed: None.
Motion Passed.
Reorganization:
A MOTION to appoint Mike Cole was made by Howard Sandler and Seconded by Tom Johnson. Discussion. Tom Johnson withdrew his second.
A MOTION to delay reorganization was made by Craig Nightingale and Seconded by Tom Johnson.
The Vote: 3-2. Motion Passed.
Local Comprehensive Plan:
A discussion of the Local Comprehensive Plan (LCP) took place. Chairman Leslie-Ann Morse read each action item from the 2002 LCP and the Planning Board discussed the progress and/or relevance and priority of each item and suggested new items for inclusion (Air Quality - Affordable Housing). The Board generally concurs with the new possible action items submitted by the Town Planner.
Mike Cole suggested having a work session devoted to identifying the land use goals of the Planning Board and giving the Long Range Plan Advisory Board (LRPAB) some additional input from the Planning Board. He also proposed putting together a working subcommittee including a representative from the LRPAB, Planning Board and NEVC subcommittee of the Critical Planning Committee. The board discussed the need for more industrial space, citing the challenges with Holmes Road and the Tilcon property.
Next Work Session:
Land use overview / zoning map working session i.e. identifying locations of perceived and current needs and future needs of town. Scheduled for July 28, 2009 at 4 pm. Town Planner will reschedule Tim Klink for the August meeting and noted that George Krouch is on the agenda for August 25, 2009 to discuss his wind turbines.
Adjournment:
A MOTION to adjourn was made by Tom Johnson and Seconded by Michael Cole.
The Vote: 6-0. In Favor: Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Meeting adjourned at 6:55 p.m.
Respectfully Submitted,
Craig Nightingale, Clerk
Eastham Planning Board
| 
