PLANNING BOARD
November 10, 2009
MINUTES
Present: Don Andersen, Michael Cole, Dan Coppelman, Tom Johnson, Leslie-Ann Morse, Craig Nightingale, Howard Sandler, John Knox-Alternate, Richard Morello-Alternate.
Members Absent: None
Staff Present: Sarah Raposa-Town Planner
Chairman Mike Cole opened the meeting at 5:00 p.m. and explained hearing protocols.
Residential Site Plan Review
Case No. PB2009-13 - (Continued from 10/14/09) 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.
Chair read request from Atty. Jennifer Parkas Ellis for continuance to December 16, 2009 meeting of the Planning Board into the record.
A MOTION to grant a continuance for Case No. PB2009-13 to the Wednesday, December 16, 2009 Planning Board meeting 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
Definitive Subdivision
Case No. PB2009-14 (Continued from 10/14/09) 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.
Applicant Jeffery Kobold presented updated definitive plan and roadway profile to the Planning Board, noting underground utilities and possibility of undergrounding utilities off Old Orchard Road. The Board discussed the Maintenance Agreement submitted by the applicant and the comments submitted by the Board of Highway Surveyors. David LaJoie entered the meeting, representing Mr. Kobold.
The Chair opened the meeting for public comments.
Marla Monahan, Hughes Road, questioned who would be responsible for damge to the road during construction of the houses on Lots 2, 3 & 4. Chair, Mike Cole, responded that the Maintenance Agreement transfers to the new owners.
A MOTION to waive strict compliance with Town of Eastham Subdivision Rules and Regulations §3.4.3 (Dead-end streets) and § 3.4.6 (Standards of Adequacy), as indicated on the plan, was made by Don Andersen and Seconded by Leslie-Ann Morse.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Findings of Fact:
1. All lots border on an adequate way
2. All lots are of proper size and meet shape factor
3. The proposed plan meets all requirements of the Town of Eastham Subdivision Rules and Regulations (except those noted, see waivers)
A MOTION to approve Findings of Fact as listed was made by Tom Johnson 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 Case No. PB2009-14 was made by Howard Sandler and Seconded by Leslie-Ann Morse.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
The blueprints of the plan and the performance guarantee (Covenant) were signed. The applicant will bring the Mylar in for the Planning Board to sign at their next meeting. The applicant's wife to sign Covenant and return to Planning Board as soon as possible.
Release of Covenant
Case No. PB2009-14 Jeffrey J. Kobold requests partial (50%) release of performance guarantee for Hughes Road.
Discussion regarding release of more than 33% of the lots. Chair opened hearing for comments.
A MOTION to approve partial release of the covenant on Planning Board Case No. 2009-14 for Lots 1 and 2 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
The Planning Board signed the partial release of covenant for Lots 1 and 2.
Residential Site Plan Review
Case No. PB2009-15 - (Continued from 10/14/09) 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 presented project relative to the Standards and Criteria for Residential Site Plan Approval:
1. There is no disturbance to any vegetation proposed
2. There is no change in elevation or drainage
3. The proposed project is a single-story addition and 1/2-Cape style garage
4. No slope impact
5. Dwelling has an existing Title V system
6. No impact to vehicular or traffic flow
Chair, Mike Cole, asked if the applicant had seen the Staff Report on the project. Applicant answered no. Discussion of Building Inspector/Zoning Enforcement Officer's determination and pre-existing non-conforming (PENC) status. Mike Cole paraphrased the first sentence of MGL ch 40A §6 and questioned lawful PENC status. Mike Cole read the letter from Frank DeFelice.
The Planning Board discussed parcel information and ownership of the lots (55 & 65 Snow Road) and the merger doctrine found in §6. Howard Sandler discussed the shape factor.
Discussion of deed. The applicant said that John, Diane and Charles Kotsaftis still own Lot 6 (65 Snow Road) jointly and that he does not own it. Leslie-Ann Morse indicated that more information was necessary. Mike Cole said that the merger would reduce site coverage and outlined the concerns of the Board:
" Whether the lot has lawful pre-existing non-conforming status
" Possibility that the Planning Board would take an appeal of the Building Inspector/ZEO's letter
Howard Sandler said that the houses were unlawfully built in 1972 and that both lots are non-conforming and that you can't put additions on either one of the houses. The applicant said that there was no problem when the other house was added on to in 2006 and he is stunned that two houses were built in 1972. Mike Cole said that he is stunned that the other house still has a cess- pool. Mike Cole described the history of zoning in Eastham. Howard Sandler said that the onus lies with the applicant to provide documentation on the building permits. The applicant said he would have supplied them if he had known.
Mike Cole said again that the Planning Board could vote on Residential Site Plan Approval but the Planning Board could ask the Zoning Board of Appeals for an appeal. Discussion.
Mike Cole asked the Planning Board how they felt about moving forward:
Howard Sandler - could not vote to support the project
Tom Johnson - same
Craig Nightingale - same
Dan Coppelman - same, but notes that the property will have 3 structures on it
Leslie-Ann Morse - same, but notes that the Planning Board's interest in the zoning bylaw is so strong that they have the right to take an appeal; the Planning Board always has standing
Don Andersen - agrees, and adds that the zoning aspect must be resolved
Mike Cole outlined the zoning issue as two non-conforming structures on one lot that were unlawfully built erases the possibility of increasing the structure. He requested a legal opinion from the applicant and noted that a building permit does not prove accordance with the bylaw. More research should be done on the building permits, zoning bylaws and lot lines. The applicant indicated that research was done by the Building Inspector and Town Administrator. Howard Sandler said that the research should be done by the applicant.
A MOTION to grant a continuance for Case No. PB2009-15 to the Wednesday, December 16, 2009 Planning Board meeting was made by Howard Sandler and Seconded by Leslie-Ann Morse.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Residential Site Plan Review
Case No. PB2009-16 - Eastham Quarters, LLC/Richard Sacchetti of Plymouth, MA seeks a Special Permit to change from seasonal use to year-round use as motel/conference center under Town of Eastham Zoning Bylaws Section XIII (Site Plan Approval) at property located at 10 & 30 Captains Quarters Ct, Map 5 Parcel 120.
Mike Cole noted that the seven regular members of the Planning Board will be sitting on the case and that it requires five votes to approve.
Richard Sacchetti presented plans to operate the Captains Quarters on a year-round basis and the change in the tourism industry in the past 6 years. Discussion about: group business, less seasonal, liquor license, serves food; all licenses are in good standing, needs both Planning and Appeals Board review, DEP approval.
Mike Cole explained the framework for Site Plan Approval - Special Permit and explained the process. Discussed waivers. Dan Coppelman inquired about the parking. The applicant conformed that there are 75 spots plus 3 spaces in front of the office (total 78). A FAST I/A septic system has been installed and is monitored by DEP. Howard Sandler noted that traffic is not an issue. Tom Johnson inquired whether the buildings are suitable for year-round use. The applicant said that they would probably wouldn't use the back buildings and wouldn't need additional building permits. Snowplowing is not an issue; they had a company last year. The outdoor lighting is on a timer and can be adjusted.
The hearing was opened to abutters. Pat Canavan, 120 Helm Road, questioned the impact to the wells in the area.
Waivers:
1. Site Plan Contents: No physical changes are proposed to property
Findings of Fact:
1. The expansion in use from seasonal to year-round will not adversely affect the neighborhood.
2. No structural changes are proposed
3. There is no change in internal traffic circulation
4. Increase in traffic will be in the off season and have minimal impact on the neighborhood
A MOTION to approve Findings of Fact as listed was made by Dan Coppelman 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 issue a Special Permit in Case No. PB2009-16 for expansion of use was made by Howard Sandler and Seconded by Leslie-Ann Morse
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Updates
" Review of upcoming meetings
" Dan Coppelman updated the Board on 20 Hill Road - "going well, clean job site"
Minutes
A MOTION to approve the October 14, 2009 Minutes, as amended, 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
A MOTION to approve the October 29, 2009, 4 pm, Planning Board Work Session minutes was made by Leslie-Ann Morse and Seconded by Howard Sandler.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
A MOTION to approve the October 29, 2009, 7 pm, CPTC minutes was made by Don Andersen and Seconded by Leslie-Ann Morse.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
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 6:35 p.m.
Respectfully Submitted,
Sarah Raposa
Craig Nightingale, Clerk
Eastham Planning Board
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