Town of Eastham MA - February 10, 2010

February 10, 2010


	PLANNING BOARD February 10, 2010 MINUTES Members Present: Don Andersen, Michael Cole, Dan Coppelman, Leslie-Ann Morse, Craig Nightingale, John Knox - Alternate Members Absent: Tom Johnson, Howard Sandler Staff Present: Sarah Raposa - Town Planner Chairman Michael Cole opened the meeting at 5:00 p.m. and explained hearing protocols. Case No. PB 2009-13 Mr. Robert Magnacca of Eastham, MA is seeking Residential Site Plan Approval in relief of Town of Eastham Zoning By-Laws Section IX.D.2. and XIV, for new garage with 2nd floor office space with site coverage exceeding 3,000 sq. ft. Property is located at 15 Martha Avenue - Map 10 - Parcel 200. Attorney Ben Zehnder presented revised plans to the Board and requested a continuance to the next meeting. To accommodate availability of all parties involved, the hearing was rescheduled to 3/10/10. A MOTION to continue Case No. PB 2009-13 to March 10, 2010 was made by Leslie-Ann Morse and Seconded by Don Andersen. The Vote: 5-0. In Favor: Andersen, Cole, Coppelman, Morse, Nightingale. Opposed: None Motion Passed - Unanimous Case No. PB 2009-17 The applicant seeks a Special Permit under Eastham Zoning By-Laws Section XIII (Site Plan Approval) to build a 27 bedroom, 14 unit condominium (ref. PB 2006-14) with changes to the structures as required by the MA Building Code at property located at 2470 State Highway - Map 15 - Parcel 065. Attorney Ben Zehnder submitted a request for withdrawal without prejudice and asked for a continuance. A MOTION to continue Case No. PB 2009-17 to February 18, 2010 was made by Leslie-Ann Morse and Seconded by Craig Nightingale. The Vote 5-0. In Favor: Cole, Andersen, Morse, Nightingale and Coppelman. Opposed: None Motion Passed - Unanimous Case No. PB 2010 - 03 James and Marcia Sexton of South Wellfleet, MA and Devette Russo and Robert Pfeifer of Hopkinton, MA and Ryder & Wilcox of Orleans, MA, seek Residential Site Plan Approval in relief of Eastham Zoning By-Laws Section IX, D.2. and XIV (site coverage exceeding 3,000 sq. ft.) for removal of a. 3 bedroom structure and construction of a new 3 bedroom structure located at 295 and 305 Corliss Way - Map 21 - Parcels 43 and 43B. Stephanie Sequin of Ryder & Wilcox, Inc., Mr. John Dvorsak, James and Marcia Sexton, Devette Russo and Bob Pfeiffer were present. Ms. Sequin stated the original house was built in 1957 on a 42,398 sq. ft. lot and an ANR plan in 1987 divided the property into 2 lots. Ms. Sequin presented the proposed plans to remove the existing 890 sq. ft. house and replace with a 6,204 sq. ft. 3 bedroom house located centrally on the lot, installation of a new septic system with a pump chamber, and Conservation Commission approved landscape plan. Mr. Dvorsak discussed the house design. Exterior lighting, parking and preserving existing trees was also discussed. Leslie-Ann Morse felt the house was too large and should be reduced by about 500 sq. ft. Craig Nightingale said house size was appropriate for location. Mike Cole stated that this house is 6,000 sq. ft. because of Eastham's regulations and in other towns this house would only calculate to about 3400-3500 sq. ft., and based on the size and value of the lot, he would consider the house to be mid-sized. Don Andersen agreed that the house was large, but felt the size was close for this lot. Findings of Fact: 1. The proposed house is properly sited in the central portion of the lots. 2. The proposed house elevation is set into the site, which affords minimal visual impact from neighboring properties. 3. The drainage run off from site will be mitigated through the use of dry wells and conveyance piping systems. 4. The access driveway is appropriate in that it is going to be lowered from the existing grade slope of the original driveway to a more level access into the site access. 5. Applicant has offered to preserve, transplant and keep as many of the existing fir trees on the property as possible. 6. Conservation Commission approved the project 7. Neighbor on record in favor of the project.' A MOTION to approve Findings of Fact as discussed and listed was made by Dan Coppelman and Seconded by Craig Nightingale. The Vote 5-0 In Favor: Andersen, Cole, Coppelman, Morse, Nightingale Opposed: None Motion Passed - Unanimous Conditions: 1. Board of Health approval 2. Prior to the issuance of any building permit, the applicant will file with the Planning Board an ANR plan combining lots 43A and 43B. The ANR plan will be recorded at the Registry of Deeds and a copy returned to the Town with the recording information noted thereon. A MOTION to approve Residential Site Plan Approval for Case no. PB2010-03 with the two aforementioned conditions as discussed was made by Dan Coppelman and Seconded by Don Andersen. The Vote: 4-0-1 In Favor: Andersen, Cole, Coppelman, Nightingale Opposed: None Abstained: Morse Motion Passed Case No. PB 2010-04 Charles and Eileen Miller, Eastham and JC Ellis Design, Brewster, seek Site Plan Approval - Special Permit in relief of Eastham Zoning By-Laws Section XIII.B.1.B., for addition of retail and office space (no increase in footprint) to existing buildings located at 35 Brittany's Way, Map 5 Parcel 129. Jason Ellis representing Charles and Eileen Miller stated that this project originally came before the Board six years ago and the Millers received a Certificate of Occupancy for the work done at that time. They are seeking approval for some additional office and retail space. The original approval for the main building was for 2 office spaces and 2 retail spaces. They wish to convert the existing 2 retail spaces to office space and create a 600 sq. ft. private office in the basement with two means of egress. There currently exists a 1 bedroom and a 2 bedroom apartment on the second floor, which will remain as is. The rear building currently contains 4 garage units. The current tenant in proposed retail space number 1 runs a Tack Shop and he would like to add some retail space to the two units on the right. The majority of his business is online but he may have the occasional customer come by to pick up an item. The plans show 3 retail spaces in the rear building, the first two spaces will be built now, if approved, and the third will be built at a later date. Board of Health required some minor modifications to the septic system, including the addition of a sand filter and expanded leach area to accommodate the additional flow for the office space and retail space. Parking requirement calculations call for 22 spaces and 26 have been proposed. Mike Cole suggested the addition of a few cedar trees in order to avoid abutter complaints. The original plans called for paving of the entire parking lot and a total of 5 catch basins to be installed. The front of the parking lot was paved and 2 catch basins were installed. The rear of the parking lot was not paved, gravel was used instead and the remaining 3 catch basins were not installed due to the pervious nature of the gravel. A MOTION to continue Case No. PB 2010-04 to the February 18, 2010 meeting and a date certain for a field visit to be determined at that time was made by Leslie-Ann Morse and Seconded by Craig Nightingale. The Vote: 5-0 In Favor: Andersen, Cole, Coppelman, Morse, Nightingale Opposed: None Motion Passed - Unanimous Case PB 2004-37 Good Luck Cottages Nominee Trust 5755 State Highway - Nauset Oaks Lane Mr. Donald Connolly representing Good Luck Cottages Nominee Trust. In 2006, 3 lots were sold before the road was 100% complete and the Town was asked for a release of these lots. A $10,000 bond was posted. Mr. Connelly stated that in 2007, the road was substantially completed and he opted to mulch the side of the road instead of planting grass which was on the approved site plan. Then Highway Superintendent, Steve Douglas, was asked to come out and give approval of the road, but he said he would have preferred to see grass instead of mulch, and approval was not given. Mr. Connelly stated that he is here today to ask the board to consider the full release of the covenant. There are 2 houses built on the 2 front corners and there has been little traffic on the road. The road has become overgrown and Mr. Connelly said he cleaned up the road last summer and will clean up again this spring. No covenant could be found but the subdivision had been filed with land court. Leslie-Ann Morse will research paperwork at the Registry of Deeds. A MOTION to continue Case No. PB 2004-27 to March 10, 2010 was made by Leslie-Ann Morse and Seconded by Don Andersen. The Vote: 5-0 In Favor: Andersen, Cole, Coppelman, Morse, Nightingale Opposed: None Motion Passed - Unanimous Town Meeting Additional Zoning Articles Michael Cole stated that at the February 18, 2010 meeting the two zoning articles that were left over will be discussed - Definitions: Lighting and Environmental Standards. Also, a request was received from the Board of Selectmen to include 3 more articles. These articles must be approved at tonight's meeting due to time constraints and publishing deadlines. The additional proposed articles are: Definitional - Non-Commercial Scale Solar Energy Generators and Commercial Scale Solar Energy Generators. Uses - District H - Wellfield Protection District. Martin McDonald said there should be changes to #B - temporary structures to remove tents and #F Camps and Campgrounds. A MOTION to hold a public hearing on March 11, 2010 relative to Solar Energy and Non-commercial Camping was made by Leslie-Ann Morse and Seconded by Don Andersen. The Vote: 5-0 In Favor: Andersen, Cole, Coppelman, Morse, Nightingale Opposed: None Motion Passed - Unanimous Approval of Minutes A MOTION by Dan Coppelman to approve January 13, 2010 Planning Board Minutes as submitted, Seconded by Leslie-Ann Morse The Vote: 5-0 In Favor: Andersen, Cole, Coppelman, Morse, Nightingale Opposed: None Motion Passed - Unanimous A MOTION by Dan Coppelman to approve January 21, 2010 Planning Board Minutes as submitted, Seconded by Don Andersen. The Vote: 5-0 In Favor: Andersen, Cole, Coppelman, Morse, Nightingale Opposed: None Motion Passed - Unanimous Adjournment A MOTION to adjourn the meeting by Leslie-Ann Morse, Seconded by Don Andersen The Vote: 5-0 In Favor: Andersen, Cole, Coppelman, Morse, Nightingale Opposed: None Motion Passed - Unanimous Meeting adjourned at 7:30 p.m. Respectfully Submitted, Madelynanne Magill Craig Nightingale, Clerk Eastham Planning Board