PLANNING BOARD
October 14, 2009
MINUTES
Present: Don Andersen, Michael Cole, Dan Coppelman, Tom Johnson, Leslie-Ann Morse, Craig Nightingale, Howard Sandler, Richard Morello-Alternate.
Members Absent: John Knox-Alternate
Staff Present: Sarah Raposa-Town Planner, Neil Andres - DPW Superintendant
Chairman Mike Cole opened the meeting at 5:00 p.m. and apologized for error in abutter's notice. He noted that the corrected notice was sent out timely.
Chairman Michael Cole recused himself from Continued Case No. PB2009-11. Vice-Chairman Don Andersen to act as chair. Alternate Richard Morello to sit on Case No. PB2009-11.
Residential Site Plan Review Continued from 9/9/09
Case No. PB2009-11 - Bruce Sanders of Westford, MA seek Residential Site Plan Approval in relief of intensity regulations, Town of Eastham Zoning By-Laws Section IX.D.2. and XIV, for an addition and garage (site coverage exceeding 3,000 sf) located at 20 Hill Road, Map 7 Parcel 309.
Robert Freeman of Schofield Brothers presented updated site plan with landscaping and topography and amended design for the garage to the Board. The septic tank was located and the garage was squared and rotated so it is less awkward to turn. Adequate screening is provided between the Qulters property. There is a shell driveway, no drainage issues are expected as the house and garage have roof drains. Mr. Nightingale asked about site coverage. Mr. Freeman responded that there is an increase of 32 sf, an increase of .01% from calculations provided in the application. Mr. Johnson asked about the height of the garage. Owner, Bruce Sanders, responded that it does not exceed the height of the house. Discussion regarding the cupolas on the house and garage.
Don Andersen opened the hearing for public comments.
Dick Qualter, 50 Russell Ave., has discussed plan with owner and is satisfied that plantings will be provided; no problems with the plan.
The public portion of the hearing was closed.
Findings of Fact:
1. The project adequately meets the Board's requirement for Landscape and Drainage Plan and satisfies abutter's concerns regarding plantings.
2. Proposed site coverage is 12.9%, which is below the benchmark of 15%.
A MOTION to accept findings of fact was made by Leslie-Ann Morse and Seconded by Craig Nightingale.
The Vote: 7-0. In Favor: Andersen, Coppelman, Johnson, Morello, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
A MOTION to approve Case No. PB2009-11 subject to the following conditions was made by Leslie-Ann Morse and Seconded by Tom Johnson.
1. Approval subject to Landscaping Plan (Stamped at Town Clerk's Office on October 8, 2009).
2. Drainage from roof is contained to dry wells/gravel drain.
The Vote: 7-0. In Favor: Andersen, Coppelman, Johnson, Morello, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Dan Coppelman will monitor the project.
Michael Cole returned to the dais.
Site Plan Approval - Special Permit
Case No. PB2009-12 - Barbara Niggel/Goeroes Goldens LLC of Eastham and Nauset Together We Can Prevention Council of Orleans seek Site Plan Approval - Special Permit in relief of, Town of Eastham Zoning By-Laws Section XIII.B.1.B, for alterations to the structure and garage located at 4730 State Hwy, Map 5 Parcel 128B. Waivers to application requirements requested.
Sibel Asantagrul of S.A. Architecture requested a withdrawal without prejudice.
A MOTION to grant a withdrawal without prejudice to Case No. PB2009-12 was made by Leslie-Ann Morse and Seconded by Craig Nightingale.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Residential Site Plan Review
Case No. PB2009-13 - Robert Magnacca of Eastham, MA seeks Residential Site Plan Approval in relief of Town of Eastham Zoning By-Laws Section IX.D.2. & XIV, for new garage with 2nd floor office space (site coverage exceeding 3,000 sf) located at 15 Martha Ave, Map 10 Parcel 200.
Mike Cole announced that the seven regular Planning Board members will sit on Case No. PB2009-13.
Attorney Ben Zehnder, with Robert Magnacca, presented recent history of the property acknowledging the issue with the garage encroaching the front setback. He also acknowledged that Site Plan Approval should have been required prior to construction and that his goal is to try to get the presented plan approved under Site Plan Review Standards and Criteria. Atty. Zehnder presented the plan to the Board noting the site coverage is 22.9% and that the two-car garage has a second floor open space with a bathroom. Atty. Zehnder discussed Eastham's Zoning Bylaw relative to setbacks and also the letter from the building inspector determining that the space is not habitable and noting that the Board of Health issued an approval for the space provided that it is unheated. The proposal does meet dimensional requirements per the building inspector.
Atty. Zehnder discussed Residential Site Plan Approval Standards and Criteria, noting the saltbox style, physical dimensions and architecture.
Leslie-Ann Morse stated that just because a space does not have heat, does not make it inhabitable. She further noted that the 23% site coverage is extreme and the Board has rarely, if ever approved a project with that site coverage. She could go along with a one-story garage. Howard Sandler discussed history of project and the size of the accessory structure. He noted that the plan would be more approvable if it did not have French doors, a balcony, and it looked like a garage. Mike Cole disagrees with Atty. Zehnder on Standard & Criteria #2 in that the design of the structure, scale, and height are not compatible with the neighborhood. He explained the rules for accessory buildings and questions the scale and massing of the proposed plan. Dan Coppelman commented on the extent and width of the driveway (at 50' wide) and its visual
impact and effect on neighborhood.
Mike Cole opened the meeting to comments.
Attorney Bill Riley, representing Williamson Family (25 Martha Ave) noted several issues with the proposed plan, including: site coverages in the neighborhood, photos of the property, vertical wall faces Williamson property, alterations to make the structure conform with front setback created the saltbox style and is not in scale with neighborhood, deck shifted closer to Williamson property, slider opens on staircase, driveway, and not being able to "preserve natural vegetation" with plan. He advised the Planning Board to pretend construction had not occurred and what they would have approved. He indicated that there was a deliberate avoidance of the process so that the Planning Board would not make him tear down the structure. There should be no second story.
No other abutters commented. Mike Cole noted correspondence from: Reese, Williamson, Lake Harrahy and Harrahy email.
Atty. Zehnder indicated that they would modify the project to meet concerns of the Planning Board and abutters and requested a continuance. He further requested that the Board discuss the issue of use (i.e. storage use versus legitimate home office, not apartment) as use has no bearing on visual impact of the structure.
Mike Cole and Howard Sandler discussed construction details and that the space devoted to storage would be different than proposed. They noted the possibility of reducing the structure to a single story and a reduction of massing. Leslie-Ann Morse again noted the 23% site coverage and that a single story structure would give a site coverage of approximately 20%. Howard Sandler and Leslie-Ann Morse agreed that the way the garage doors face is note a concern, but Howard Sandler added that serious compromises will have to be made.
Atty. Zehnder indicated that his office would provide amended plans directly to interested abutters when they are available. Town Planner said she needs the update a week prior to the hearing. Discussion about next hearing date and Board schedule.
Atty. Zehnder requested a continuance to the November 10, 2009 meeting date.
A MOTION to grant a continuance for Case No. PB2009-13 to the Tuesday, November 10, 2009 Planning Board meeting was made by Leslie-Ann Morse and Seconded by Tom Johnson.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Definitive Subdivision
Case No. PB2009-14 Public Hearing Notice for Consideration of Definitive Subdivision Plan Town of Eastham Planning Board
As required by M.G.L., ch. 41, §§ 81T and 81U, the Planning Board of the Town of Eastham will hold a public hearing on Wednesday, October 14, 2009 at 5:00 p.m. at the Eastham Town Hall, Earle Mountain Meeting Room, to consider the application of Jeffrey J. Kobold, with an address of 133 Lake Shore Dr., Brewster, MA 02631, for approval of a definitive subdivision plan entitled: Definitive Plan of Land in: Eastham, MA, Prepared for: Jeffery Kobold; located or described as: 900 & 950 Old Orchard Road, Eastham, Map 8, Parcels 39 & 19, showing a residential subdivision of land owned by: Hughes Family Trust of 19 Jefferson Ct., Novato, CA 64947 and under Purchase and Sale Agreement by Jeffrey J. and Julie Kobold (address above), plan prepared by: Felco, Inc., PO Box 1366, Orleans, MA 02653, dated:
September 1, 2009, and showing four (4) proposed lots.
A copy of the plan and application may be reviewed at the Planning Board office located at Eastham Town Hall, 2500 State Highway, on weekdays between the hours of 8:00 A.M. and 4:00 P.M. Any person who is interested or wishes to be heard on the proposed definitive subdivision plan should appear on the date, time, and place designated for the hearing.
John McElwee, Felco Engineering, described the project history and presented proposed subdivision plans describing site conditions, roadway improvements, drainage and Subdivision Rules and Regulations waiver requests.
Waiver Request #1: Section 3.4.3 (Cul-de-Sac) - The proposed layout is 80' not the required 90'; rationale - natural topography lends itself to drainage at the location indicated on the plan. Neil Andres, DPW Superintendant, explained the Rural Road Standard found in the Subdivision Rules and Regulations and that the Fire Chief reviewed the plans and demonstrated that the width is adequate for emergency vehicles. Dan Coppelman and Mr. McElwee discussed pitch of the road and drainage. Tom Johnson asked if they planned on asking for a road acceptance in the future. Mr. McElwee responded that they would not be seeking acceptance. Neil Andres also noted the existing apron of Hughes Road meets the street at a negative grade so there would be no run-off would even in a severe storm.
The Planning Board consensus is that a waiver to Section 3.4.3 from 90' to 80' would be acceptable.
Waiver Request #2: Section 3.4.6 (Rural Road Standard) - The applicant discussed standards of adequacy and access of proposed lot 2 off of Old Orchard or Hughes Road. Neil Andres said that as a matter of safety it is better for Lot 2 to have access from Hughes Road. Additionally, more vegetation would exist along Old Orchard Road as screening.
The Planning Board consensus is that a waiver to Section 3.4.6 would be acceptable for 5 Lots to access Hughes Road under Rural Road Standards.
Waiver Request #3: Section 3.5 (Underground Utilities) - The applicant discussed existing overhead wires on Hughes Road and that the service to the Monahan house is underground. He requests underground service of only new homes, with no new poles. Neil Andres noted that Lot has overhead wires and requires and easement under Planning Board Subdivision Rules and Regulations. Dan Coppelman stated that a new engineered utility connection makes sense on a new road. Mr. McElwee said that there is no conflict with drainage. Mike Cole conceded that cost is a big issue. Neil Andres said that existing users of the utility may be negatively impacted. Mike Cole said that Lots 2, 3, and 4 should have underground utility and Howard Sandler agreed. Leslie-Ann Morse did not have an opinion. Craig Nightingale said this is a golden opportunity. Dan Coppelman
said that the cost of the utility is minor to the cost of the road.
The Board discussed the easement on Lot 2. Mr. McElwee said that an easement would be granted upon conveyance.
The Planning Board consensus is that Lots 2, 3, and 4 must meet the Standards of Adequacy for underground utility service.
A maintenance agreement was submitted by the applicant to the Town Planner as well as covenant agreements and a request for covenant release for two lots.
Neil Andres noted that the drainage calculations do not note the hooded catch basins. The applicant requested some flexibility in the field for the irregular shaped drainage.
The hearing was opened for abutter comments.
Charleen Cobb, 1085 Old Orchard Road (not an abutter) commented on the waiver request, the house on existing Lot 1, the number of catch basins and how and where they are connected to drainage area, and topography. She also inquired about the Board of Health report. The applicant said that the project is on the October 22, 2009 Board of Health agenda.
A MOTION to grant a continuance for Case No. PB2009-14 to the Tuesday, November 10, 2009 Planning Board meeting was made by Leslie-Ann Morse and Seconded by Don Andersen.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Residential Site Plan Review
Case No. PB2009-15 - Frank Thibeault of West Roxbury, MA seeks Residential Site Plan Approval in relief of Town of Eastham Zoning By-Laws Section IX.D.2. & XIV, for proposed addition and garage (site coverage exceeding 3,000 sf) located at 55 Snow Rd, Map 7 Parcel 462.
Applicant Frank Thibeault, with builder Walter Fyler, explained project. Howard Sandler questioned the pre-existing nonconformity of two dwellings on one lot and that the site coverage calculation contained both dwellings. Mr. Thibeault acknowledged that zoning in 1972 allowed two dwellings on that size lot and that it the calculation does consider both dwellings. Howard Sandler discussed shape factor. Mike Cole inquired about the renovation to Structure A. He also indicated that he would speak to the building inspector about increasing the nonconformity, acknowledging that Eastham has compassionate grandfathering, but this is different because it triggers Site Plan Approval.
The Planning Board discussed the contents of the application and asked the applicant to supply the following information:
" Answers to the Standards and Criteria Questions
" Better elevation drawings
" Review of the site coverage calculations
The applicant requested a continuance to the November 10, 2009 meeting date.
A MOTION to grant a continuance for Case No. PB2009-15 to the Tuesday, November 10, 2009 Planning Board meeting was made by Leslie-Ann Morse and Seconded by Don Andersen.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Informal Discussion
Richard Garber and Robert Freeman (Schofield Brothers) presented plans to construct boathouse on property located at 1925 Bridge Road, Map 14 Parcel 165. Mr. Garber asked the Board if they would accept hand drawn plans. The Board explained that they have the Guidance Document and Application which outlines the requirements and that it was up to the applicant if he wanted to risk submitted hand drawn plans. Abutter, Martin McDonald, was present to explain possible legal issue. The Planning Board explained that since no formal application was before them, they could not get into the details of the case.
Correspondence
Town Planner presented the Board with a letter from Peter Doolittle requesting that the Board waiver the requirement to hear his plans for Atlantic Truck Repair within the two-year period. Town Planner advised Mr. Doolittle of MGL Ch. 40A §16 and the findings that the Board would have to make.
Updates
Citizen Planner Training Collaborative
Cape Cod Commission sponsored trainings will be scheduled for 10/29/09 in Mashpee and 11/4/09 in Eastham
Next Work Session
Next work session is scheduled for Thursday, October 29, 2009 at 4 pm.
Minutes
Minutes
Planning Board Hearing
September 22, 2009 Planning Board Work Session
September 24, 2009 Planning Board Work Session - Future Needs
A MOTION to approve the September 9, 2009 Minutes was made by Tom Johnson and Seconded by Leslie-Ann Morse
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
A MOTION to approve the September 21, 2009 Planning Board Work Session - Sign Code minutes was made by Don Andersen and Seconded by Howard Sandler.
The Vote: 3-0-4. In Favor: Andersen, Nightingale, Sandler
Opposed: None
Abstained: Cole, Coppelman, Johnson, Morse,
Motion Passed
A MOTION to approve the September 22, 2009 Work Session Minutes was made by Leslie-Ann Morse and Seconded by Don Andersen
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
A MOTION to approve the 24, 2009 Planning Board Work Session - Future Needs minutes was made by Howard Sandler and Seconded by Dan Coppelman.
The Vote: 3-0-4. In Favor: Cole, Coppelman, Sandler
Opposed: None
Abstained: Andersen, Johnson, Morse, Nightingale
Motion Passed
Adjournment:
A MOTION to adjourn was made by Leslie-Ann Morse and Seconded by Don Andersen.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Meeting adjourned at 7:50 p.m.
Respectfully Submitted,
Sarah Raposa
Craig Nightingale, Clerk
Eastham Planning Board
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