Town of Eastham MA - January 13, 2010

January 13, 2010


	PLANNING BOARD January 13, 2010 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. Planning Board advised the applicants to consult legal counsel prior to recording the plan at the Barnstable County Registry of Deeds. Recording of the plan may be considered a self-created hardship thereby any future alterations of the existing structure may require a special permit or variance from the Eastham Zoning Board of Appeals. There is no statutory timeline for recording. A MOTION to endorse the ANR plan for Case No. PB2009-19 noting potential pitfalls for the applicant was made by Howard Sandler and Seconded by Craig Nightingale. The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler Opposed: None Motion Passed Approval Not Required Case No. PB2010-02 - David L. & Eugenie M. White seek endorsement of Approval Not Required Plan for property located at Map 20 Parcels 70 & 72A; 385 & 485 Bridge Road. Discussion of plan and concurrent ZBA and Board of Health cases. A MOTION to endorse the ANR plan for Case No. PB2010-02 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 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, sent request to continue the hearing until February 10, 2010. A MOTION to grant a continuance for Case No. PB2009-17 to the Wednesday, February 10, 2010 Planning Board meeting was made by Dan Coppelman and Seconded by Leslie-Ann Morse. The Vote: 7-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler Opposed: None Motion Passed Discussion about content of memo to Town Counsel requesting opinion for Case No. PB2009-17. A MOTION to request Town Counsel opinion and get Building Inspector documentation for Case No. PB2009-17 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 Mike Cole recused himself from Case No. PB2010-01. Don Andersen acting as Chair. John Knox to sit on Case No. PB2010-01 Residential Site Plan Approval Case No. PB2010-01 - Dennis & Barbara Smith, Pittsburgh, PA & Cape Associates, Eastham, seeks Residential Site Plan Approval in relief of Eastham Zoning By-Laws Section IX.D.2. & XIV (site coverage exceeding 3,000 sf), for renovations and expansions (master bedroom and kitchen) to existing structure located at 15 Acorn Rd, Map 9 Parcel 5. Bob Berkhart represented the applicant (Matthew Cole also present) presented project at 15 Acorn Road. Discussion of additions. Discussion of vegetation and trees by garage. Applicant agrees not to remove more vegetation than necessary. Hearing open to comments: Russell Moore, 5 Acorn Road, supports project. Findings of Fact: 1. Project is not detrimental to the neighborhood 2. Project fits in with the neighborhood 3. There will be no additional traffic 4. The size of the increase remains under 15% site coverage. A MOTION to approve Residential Findings of Fact was made by Tom Johnson and Seconded by Craig Nightingale. The Vote: 7-0. In Favor: Andersen, Coppelman, Johnson, Knox, Morse, Nightingale, Sandler Opposed: None Motion Passed A MOTION to approve Residential Site Plan Approval for Case No. PB2010-01 was made by Leslie-Ann Morse and Seconded by Craig Nightingale. The Vote: 7-0. In Favor: Andersen, Coppelman, Johnson, Knox, Morse, Nightingale, Sandler Opposed: None Motion Passed Mike Cole returns to dais. Discussion Proposed Bylaw Amendments for 2010 Annual Town Meeting General discussion relative to comment received at the Board of Selectmen meeting. Town Planner presented the Planning Board with the draft "Environmental Standards" bylaw. A MOTION to send the proposed article to the Board of Selectmen, to add new Section XXII (Environmental Standards), pursuant to Massachusetts General Laws, 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 Discussion - PB2007-25 Discussion of PB2007-25 (Macris, 1750 Nauset Road) regarding condition of Residential Site Plan Approval to demolish shed prior to construction of the garage/boathouse, correspondence from the property owner and request to keep the shed on the property until August 31, 2010. A MOTION to enforce the original conditions of PB2007-25 and require that the shed be removed before any construction continues, and further, to have the Building Inspector issue a Stop-Work Order until the shed is removed 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 Discussion - Good Luck Cottages The Planning Board discussed two letters sent by staff to persuade the developer of the Good Luck Cottages subdivision to replenish the surety on the partial release of lots in 2006. The Planning Board felt that since the remaining lots are in Covenant, it is not imperative to follow up on the bond. Town Planner to track. Discussion - PB2008-19 Discussion was delayed to the March 10, 2010 meeting due to illness. Updates " Presentation of Affordable Housing Production Plan on 1/20/10 at 5 pm " Public hearing on Ocean Management Act District of Critical Planning Concern on 1/21/10 " Upcoming meetings: o 1/21/10 - Zoning articles o 2/10/10 - Regular meeting o 2/18/10 - Zoning articles " Eastham Forum on February 8, 2010 - update on NEVC, zoning articles and sign code Minutes A MOTION to approve the December 16, 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 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 7:10 p.m. Respectfully Submitted, Sarah Raposa Craig Nightingale, Clerk Eastham Planning Board