PLANNING BOARD
December 16, 2009
MINUTES
Present: Don Andersen, Michael Cole, Dan Coppelman, Tom Johnson, Leslie-Ann Morse, Craig Nightingale, Howard Sandler, John Knox-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.
Approval Not Required
Case No. PB2009-19 - Walter & Kristen Murzyn seek endorsement of Approval Not Required Plan for property located at Map 11 Parcel 69A; 220 Locust Road.
Applicant was not present to speak to the matter. The Planning Board has questions regarding lot size.
A MOTION to grant a continuance for Case No. PB2009-19 to later in this evening's Planning Board meeting was made by Howard Sandler and Seconded by Tom Johnson.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Residential Site Plan Approval
Case No. PB2009-13 - (Continued from 11/10/09) 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.
Atty. Ben Zehnder presented updated garage plans to the Planning Board. Changes include:
Areas that the applicant scaled back to remove indication of habitable space:
" Dormer removed & second story windows on right elevation
" Deck & french doors removed; replaced with windows
" The bathroom is not on this plan
" Changes to "cross section AA"
New site coverage - 19.53% (main dwelling with finished basement: 3,091 sf + garage 620 sf = 3,771 sf / lot size 19,000 sf = 19.53%
Extensive discussion of further changes that the Planning Board would like to see. Issues include: improving aesthetics of garage from road by re-orienting the garage doors, landscaping plan, label plan as second floor storage space only with no heat, no bathroom or interior plumbing, no finish space on second floor.
The hearing was opened to the audience.
Attorney Bill Riley, representing Williamson Family (25 Martha Ave) noted that the submitted plan was a good first step and suggested that the ridgeline be brought down to be an unfinished attic by reducing the kneewalls and to reorient the garage doors. He further noted that all hardships are self-created.
Bob Williamson (son of Lucetta Williamson, 25 Martha Ave) said that the project is out of scale and suggests a reduction in height and that there not be any water in the building.
Atty. Zehnder responded to abutters' comments about privacy and that the only assurance that he can give that no conversion will take place is the threat of enforcement by the neighbors or the Town.
Howard Sandler indicated that the privacy issue is ameliorated by the updated plan, but the structure is too large for the lot. Tom Johnson recommended reducing height and massing by eliminating the 4' sidewalls on the second floor. He also recommended reorienting the garage doors to the driveway side and adding shrubbery. Dan Coppelman said that lowering the height would be a benefit but is more compelled by reorienting the garage doors. Leslie-Ann Morse agreed with Howard Sandler; as does Don Andersen. He noted the existing septic lines to the garage. Atty. Reilly confirmed that they exist. Mr. Andersen indicated that the septic and plumbing should be removed as well.
Atty. Zehnder asked for clarification on whether the Board had a preference on where the height is reduced from (i.e. above or below floor joists/first or second floor). Discussion of how height can be reduced. Mike Cole summarized that the height should be reduced from the second floor, recognizing that it is a substantial amount of work. He further noted that the following should be done:
" Label plan - storage only, unheated space, unfinished space
" Septic line removal
" Outside faucets only
" Landscaping plan
Polling of the Board continued: Dan Coppelman commented that the height should be lowered and the doors should be reoriented. Leslie-Ann Morse agreed with Mr. Coppelman. Don Andersen agreed about the reduction in height, but is not worried about the doors and recommends septic line removal.
A MOTION to grant a continuance for Case No. PB2009-13 to the Wednesday, February 11, 2010 Planning Board meeting was made by Tom Johnson 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 Approval
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 informed the Planning Board that he and Town Officials we unable to locate the building permits from 1972 and ask them to make a decision on the information submitted.
Discussion of pre-existing non-conforming situation. Howard Sandler asked if any abutters were present. None present. The Chair noted plans of record: Ryder & Wilcox house elevation, house floor plans, and garage elevation.
Site coverage - 4,048 sf or 11.7% on the 33,977 sf lot
A letter of support from co-owner/neighbor is on record. Discussion of limitation of rights of co-owner/neighbor. Mike Cole indicated that there would likely be no future expansion of either house.
Findings of Fact:
1. The project does not impact the neighborhood.
2. No correspondence from the abutters other that the letter of support from co-owner/neighbor, Kotsaftis.
3. Application is in keeping with surrounding properties
4. Project has been reviewed by the health agent, requires system inspection report.
5. Overall proposed site coverage is 11.7%.
6. There is no heat or plumbing in the garage
A MOTION to approve Findings of Fact was made by Howard Sandler and Seconded by Dan Coppelman.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
A MOTION to approve Residential Site Plan Approval for Case No. PB2009-15 was made by Howard Sandler and Seconded by Tom Johnson.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Tom Johnson volunteered to track Case No. PB2009-15.
Site Plan Approval - Special Permit
Case No. PB2009-17 - First Horizon Home Loans of Fairfax, VA & East Cape Engineering, Orleans, MA seeks a Special Permit under Eastham Zoning Bylaws Section XIII (Site Plan Approval) to build a 27 bedroom, 14 unit condominium (ref. PB2006-14) with changes to the structures as required by the MA Building Code at property located at 2470 State Hwy, Map 15 Parcel 065.
Tim Brady, of East Cape Engineering presented plans to the Planning Board, noting that the plans are almost identical to the ones approved in 2006 and discussed grandfathering of the use.
Town Planner read the opinion of the Building Inspector/ZEO into the record: he does not believe the project to have lost its grandfathering because conversion occurs in the original footprint and there has been significant execution of the special permit from 2006.
Leslie-Ann Morse explained permitting and use history for the Board. Extensive discussion of whether the original special permit is still valid. Identify date of last electrical inspection on record.
The hearing was opened to audience. No comments.
A MOTION to grant a continuance for Case No. PB2009-17 to the Wednesday, January 13, 2010 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
Leslie-Ann Morse recused herself from Case No. PB2009-18
John Knox to sit on Case No. PB2009-18
Residential Site Plan Approval
Case No. PB2009-18 - Richard Garber of Eastham, MA seeks Residential Site Plan Approval in relief of Town of Eastham Zoning By-Laws Section IX.D.2. & XIV (site coverage exceeding 3,000 sf), for a 16'x32' boat house/garage accessory structure located at 1925 Bridge Rd, Map 14 Parcel 165.
Bob Freeman, Schofield Brothers, and owner Richard Garber presented plans for garage / boathouse with a total site coverage of 5,085 sf or 16.6% and vegetated screenings along side lotline. He noted that the structure is not visible from cemetery or bike trail. Discussion regarding landscaping and other locations on the property for the structure.
A MOTION to waive 2' contours submission requirement for Case No. PB2009-18 was made by Howard Sandler and Seconded by Don Andersen.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Knox, Nightingale, Sandler
Opposed: None
Motion Passed
The Chairman opened the meeting to abutters.
Martin McDonald (speaking as an abutter, not as a selectman), 1955 Bridge Road, direct abutter to the north. Disputes plan indicating that the "ice road" easement was eliminated. Concerns: landscaping to buffer property line, lighting, second floor space over garage, alternative locations on the site.
William Smith, 1980 Bridge Road, said the location was ideal with minimal impact to the road. He refrained from commenting on the easement.
Mr. Garber responded to the abutter's comments; indicating that there in no habitable space over the garage, the easement has never been used, and there are no other places on the property to put the structure.
Mr. Garber asked the Planning Board if he may submit an alternative plan moving the structure closer to the road so that it avoids the easement area. Discussion amongst the Board and with abutters. Mr. McDonald said the new plan removes his major concern, but still has issues with lighting and landscaping.
Mr. Garber said that there will be no exterior lighting on the structure and that there are plenty of cedars buffering the property line. There is no intent to remove vegetation that is not necessary for building.
The hearing was closed for comments.
Plan of record: Revised December 14, 2009
Findings of Fact:
1. Proposed work is not within the legal setback
2. Proposed work is not detrimental t the neighborhood
3. The scale/massing of the structure is appropriate for the neighborhood
4. There will be no light trespass to neighboring property as there will be no exterior lighting
5. The existing vegetation will be maintained (except where necessary for building)
A MOTION to accept Findings of Fact was made by Dan Coppelman and Seconded by Tom Johnson.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Knox, Nightingale, Sandler
Opposed: None
Motion Passed
A MOTION to approve the revised site plan dated December 14, 2009 for Residential Site Plan Approval for Case No. PB2009-18 with the conditions that there will be no exterior lighting and existing vegetation will be preserved (insofar as practical) was made by Dan Coppelman and Seconded by Don Andersen.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Knox, Nightingale, Sandler
Opposed: None
Motion Passed
Chairman announced 5 minute recess at 7:05 pm
The meeting resumed at 7:10 pm
Proposed Bylaw Amendments for 2010 Annual Town Meeting
Chairman Mike Cole read the proposed article, discussion, motion, second & vote for each.
1. A MOTION to send the proposed article to the Board of Selectmen, to amend Section III (Definitions, Pertinent Outdoor Lighting Definitions and "Municipal Wind Facility"), pursuant to Massachusetts General Laws, 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
2. A MOTION to send the proposed article to the Board of Selectmen, Add new Section XIII.G.5 (Control of Outdoor Lighting and Glare), pursuant to Massachusetts General Laws, 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
3. A MOTION to send the proposed article to the Board of Selectmen, Amend Section XII.G. (Assessment of Fee for Permit Review by Consultants), pursuant to Massachusetts General Laws, 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
4. A MOTION to send the proposed article to the Board of Selectmen, Amend Section XIII.B.1. (Site Plan Approval after Zoning Relief), pursuant to Massachusetts General Laws, 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
5. A MOTION to send the proposed article to the Board of Selectmen, Amend Section III (Definitions, Amend Existing "Building Height" Definition), pursuant to Massachusetts General Laws, 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
6. A MOTION to send the proposed article to the Board of Selectmen, Amend Section III (Definitions, Add New Definition for "Cupola"), pursuant to Massachusetts General Laws, 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
7. A MOTION to send the proposed article to the Board of Selectmen, Amend Section III (Definitions, Amend "Building, Accessory"), pursuant to Massachusetts General Laws, 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
8. A MOTION to send the proposed article to the Board of Selectmen, Amend Section III (Definitions, Amend "Site Coverage"), pursuant to Massachusetts General Laws, was made by Leslie-Ann Morse and Seconded by Dan Coppelman.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
9. A MOTION to send the proposed article to the Board of Selectmen, Amend Section IX.B. (Amend Accessory Building Setback Distance), pursuant to Massachusetts General Laws, 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
Minutes
A MOTION to approve the November 4, 2009 - Chamber of Commerce minutes 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 the November 4, 2009 - CPTC minutes 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 the November 10, 2009 minutes 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 the November 18, 2009 minutes 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 the November 24, 2009 minutes 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
Approval Not Required
Case No. PB2009-19 (continued from earlier in the evening) - Walter & Kristen Murzyn seek endorsement of Approval Not Required Plan for property located at Map 11 Parcel 69A; 220 Locust Road.
Applicant was not present to speak to the matter. The Planning Board has questions regarding lot size.
A MOTION to grant a continuance for Case No. PB2009-19 to the Wednesday, January 13, 2010 Planning Board meeting was made by Howard Sandler and Seconded by Don Andersen.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Updates
Acknowledging a long meeting, the Town Planner passed out copies of letters written in reference to the subdivision of Good Luck Cottages. The personal check used as performance guarantee in the partial release of lots is no longer valid and should be replaced with a cashiers check to be put in an escrow account. The Planning Board may be willing to accept alternate form of performance guarantee or consider rescinding subdivision approval.
Town Planner also passed out copy of letter written to the Board of Health referencing the subdivision of Harris property and problem with dogs for the Board's information.
Adjournment:
A MOTION to adjourn was made by Tom Johnson and Seconded by Howard Sandler.
The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion Passed
Meeting adjourned at 7:40 p.m.
Respectfully Submitted,
Sarah Raposa
Craig Nightingale, Clerk
Eastham Planning Board
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