PLANNING BOARD
January 21, 2010
MINUTES
Present: Don Andersen, Michael Cole, Dan Coppelman, Tom Johnson, Leslie-Ann Morse, Howard Sandler, John Knox-Alternate
Members Absent: Craig Nightingale
Staff Present: Sarah Raposa-Town Planner
Chairman Mike Cole opened the meeting at 5:00 p.m. and explained the public hearing protocols, whereas the Chair will read each proposed article and summary and then open the hearing for discussion to the public and to Board members. The Board will vote to send to Board of Selectmen for inclusion on the 2010 Annual Town Meeting warrant at the end of the hearing.
Proposed Bylaw Amendments for 2010 Annual Town Meeting
1. Amend Section III (Definitions, Pertinent Outdoor Lighting Definitions and "Municipal Wind Facility")
David Kilgrow, 440 Windjammer Lane, inquired about the "light fixtures" definition and the if the use of the word "ceiling" implies that the bylaw applies to interior or exterior of buildings.
The Board responded that ceiling could refer to a porch.
2. Add new Section XIII.G.5 (Control of Outdoor Lighting and Glare)
David Kilgrow, 440 Windjammer Lane, asked if the zoning articles that were delayed at ATM 2009 would be first on the warrant for ATM 2010. The Board indicated that it is not up to them, but they will pass along Mr. Kilgrow's concerns to the Town Administrator through the Town Planner.
Discussion included:
" Whether this could apply to Residential Site Plan Approval (§XIV)
" Grandfather and existing problems
" Enforcement on residential properties and control of motion activated security lighting
David Skiba, 195 Herring Brook Road, wondered if it could be incorporated into §XIV. Discussion. Town Planner suggested adding language to Standards & Criteria as new §XIV.E.7.
Stephen Wasby, 85 Limerick Way, shared comments about language.
3. Amend Section XII.G. (Assessment of fee for permit review by consultants)
No comments
4. Amend Section XIII.B. (Site Plan Approval after zoning relief)
David Skiba, 195 Herring Brook Road, suggests changing the introduction so that the entire B.1. section is not replaced. Discussion.
Stephen Wasby, 85 Limerick Way, shared comments about cooperation between the Planning and Appeals Boards which will save applicants time. Also suggested packaging articles for the warrant.
The language on the warrant should read:
4. Article ## To see if the Town will vote to amend the Town of Eastham Zoning By-laws by deleting the following language from Section XIII.B.1:
B. PROJECTS REQUIRING SITE PLAN SPECIAL PERMITS:
1. No special permit, variance or building permit shall be issued for any of the following uses unless a Site Plan Special Permit has been granted by the Planning Board:
and replacing it with the following:
B. PROJECTS REQUIRING SITE PLAN SPECIAL PERMITS:
1. No building permit shall be issued for any of the following uses unless a Site Plan Special Permit has been granted by the Planning Board. The Planning Board shall not issue a special permit until all necessary zoning relief has been granted from the Zoning Board of Appeals.
or take any action relative thereto.
By Planning Board
5. Amend Section III (Definitions, Amend existing "Building Height" definition)
David Skiba, 195 Herring Brook Road, asked if the height precluded building mounted turbines. The Board responded that there are provision for building mounted turbines in Section XX.
6. Amend Section III (Definitions, Add new definition for "Cupola")
Stephen Wasby, 85 Limerick Way, suggested packaging articles 5 & 6.
7. Amend Section III (Definitions, Amend existing "Building, Accessory" definition)
No comments
8. Amend Section III (Definitions, Amend existing "Site Coverage" definition)
Discussion of calculation of second floor space and whether to add a height of a room i.e. kneewall or under 7 feet. It was determined that 'floor area' is explicit enough.
The language on the warrant should read:
SITE COVERAGE - The sum of the gross horizontal area of the floors of a dwelling including the square footage of any permanently roofed accessory structures such a sheds, garages, screen porches and covered decks but excluding unfinished attic areas, unfinished basement areas, and farmer's porches.
9. Amend Section IX.B. (Intensity Regulations, Add language to amend setback requirements)
Discussion regarding language and letter from George Price (Superintendent, Cape Cod National Seashore) reminding the Board of setback in District F. The language on the warrant should read:
Article ### To see if the Town will vote to amend Section IX.B of the Town of Eastham Zoning By-laws by deleting Sections IX.B.6 and IX.B.7 in their entirety and by substituting the following new Section IX.B.6:
Setback requirements for detached accessory buildings used for any purpose, in Districts A, B, C, D, E, & G, regardless of when the lot was created, shall be: a minimum separation of eight (8) feet from the main building or other accessory buildings; a minimum of twelve (12) feet and at least the maximum height of the accessory structure from the side and rear property lines; and thirty (30) feet from any street or way.
or take any action relative thereto.
By Planning Board
A MOTION to send proposed articles 3, 5, 6, 7, 8, and 9, as amended, to the Board of Selectmen for inclusion on the 2010 Annual Town Meeting warrant, pursuant to Massachusetts General Laws, was made by Leslie-Ann Morse and Seconded by Tom Johnson.
The Vote: 6-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Sandler
Opposed: None
Motion Passed
A MOTION to continue the public hearing on proposed articles 1, 2 and 4 to February 18, 2010, 5 pm, was made by Leslie-Ann Morse and Seconded by Dan Coppelman.
The Vote: 6-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Sandler
Opposed: None
Motion Passed
Town Planner acknowledged that the Planning Board Clerk was absent. Dan Coppelman was appointed Acting Clerk. He will verify the minutes.
Adjournment:
A MOTION to adjourn was made by Lesli-Ann Morse and Seconded by Tom Johnson.
The Vote: 6-0. In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Sandler
Opposed: None
Motion Passed
Meeting adjourned at 6:20 p.m.
Respectfully Submitted,
Sarah Raposa
Dan Coppelman, Acting Clerk
Eastham Planning Board
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