PLANNING BOARD
February 18, 2010
MINUTES
Members Present: Don Andersen, Michael Cole, Dan Coppelman, Leslie-Ann Morse (5:20 p.m.)
Members Absent: Tom Johnson, Craig Nightingale, Howard Sandler, John Knox - Alternate
Staff Present: Sarah Raposa - Town Planner
Chairman Michael Cole opened the meeting at 5:00 p.m. and explained that there was an issue with member attendance and that he would be taking items out of order until other member arrives.
Case No. PB 2009-17
Continuance from 2/10/10 - Applicant First Horizon Home Loans of Fairfax, VA and East Cape Engineering, Orleans, MA seeking a Special Permit under Eastham Zoning Bylaws Section XIII to build a 27 bedroom, 14 unit condominium with changes to the structures as required application - requests a continuation.
MOTION by Don Andersen to continue Case No. PB 21009-17 to March 10, 2010 meeting, Seconded by Dan Coppelman.
The Vote: 3-0
In Favor: Andersen, Cole, Coppelman
Opposed: None
Motion Passed - Unanimous
Case No. PB 2010-04
Charles and Eileen Miller and JC Ellis Design Co. 35 Brittany's Way, seeking Special Permit. Applicant requests continuance to accommodate a site visit. Site Visit planned for March 10, 2010 at 3:30 p.m.
MOTION by Don Andersen to continue Case No. PB 2010-04 to 3:30 p.m. on March 10, 2010 at 35 Brittany's Way. Seconded by Dan Coppelman.
The Vote: 3-0
In Favor: Andersen, Cole, Coppelman
Opposed: None
Motion Passed - Unanimous
Town Meeting Zoning Articles
Discussion on the 3 proposed Zoning By Law Articles for Annual Town Meeting in May that were held over from the last meeting.
1. Section III - Definitions - Pertinent Outdoor Lighting Definitions and Municipal Wind Facility
2. Section XIII - G.5 - Control of Outdoor Lighting and Glare
3. Section XIII - B.1. - Site Plan Approval after Zoning relief
Stephen Wasby of 85 Limerick Way, member of Zoning Board of Appeals and the Wastewater Management Committee spoke and asked for clarification as to the extent of the lighting bylaw and applicability of the law. Mike Cole stated that the by-law covers new non-residential projects, not residential properties. Also discussion on Residential Site Plan Approval by law. Sarah Raposa discussed the Orleans General By-law. Sandy Bayne of 315 Herringbrook Road, member of Wastewater Management Committee mentioned the Town of Acton's By-law.
Leslie-Ann Morse arrived at 5:20 p.m. and was informed of the proceedings so far.
Discussion of language change in Section XIII.
MOTION by Dan Coppelman to include Section III - Definitions - Lighting on Town Meeting Warrant, Seconded by Leslie-Ann Morse.
The Vote: 4-0
In Favor: Andersen, Cole, Coppelman, Morse
Opposed: None
Motion Passed - Unanimous
MOTION by Dan Coppelman to include Section XIII - G.5 - Lighting on Town Meeting Warrant, Seconded by Don Andersen.
The Vote: 4-0
In Favor: Andersen, Cole, Coppelman, Morse
Opposed: None
Motion Passed - Unanimous
MOTION by Don Andersen to include Section XIII - B.1 on Town Meeting Warrant, Seconded by Leslie-Ann Morse.
The Vote: 4-0
In Favor: Andersen, Cole, Coppelman, Morse
Opposed: None
Motion Passed - Unanimous
Public hearing for proposed new Section XXII - Environmental Standards.
Mike Cole read the proposed new Section XXII and discussion followed. Correspondence was received from the Conservation Agent and George Price of the National Seashore in support of the article.
Stephen Wasby stated that educating the public is necessary and that the summary requires more work. Sandy Bayne stated that she and the Wastewater Management Committee were pleased with the Pond study, and she felt that BMP's will be the acronym of the decade. She asked for clarification on wording, seeding changed to vegetation, and the meaning of "productive use of the resource". Additional modifications were discussed.
MOTION by Leslie-Ann Morse to send proposed Section XXII, Environmental Standards, as amended, to the Board of Selectmen for inclusion in the Town Meeting Warrant. Seconded by Dan Coppelman.
The Vote: 4-0
In Favor: Andersen, Cole, Coppelman, Morse
Opposed: None
Motion Passed - Unanimous
Annual Town Meeting Article - Petition for Road Taking - Raymond Way
To see if the Town will vote to accept as a town way, the private way known as Raymond Way, which is shown on plan entitled Subdivision Plan of Land in Eastham, MA, being a division of Lot 72 shown in Plan Book 385, Page 16, prepared for Edward G. Benz, July 27, 1985, recorded at the Barnstable County Registry of Deeds, Plan Book 414 Page 34 on April 4, 1986.
Mr. Donald Garny of 7 Raymond Way provided photos to the Board. Road was approved in 1985 and 1st house built in 1989. 51% development was reached in 1999. Requirements for asphalt changed since original approval. The residents have cut back vegetation, sealed cracks, had catch basins cleaned and their contractor said they were in good shape. 4 full time residents - another house is used every day by the daughter of the owner, and 3 houses owned by retirees. This is a very busy street.
Negative reports from DPW Superintendent and Board of Highway Surveyors were addressed. Mr. Garny stated that the residents are not willing to pay for 1 1/4" overlay on the road. Bruce Morin of 8 Raymond Way stated the road should be grandfathered. He stated that the road is a cul-de-sac and used mainly by residents, mail delivery and oil deliveries.
Leslie-Ann Morse stated that the laws require private roads meet current standards in order to be taken by the Town, and that other towns provide betterments for that purpose. Mike Cole stated that other towns have mechanisms in place to help residents bring their private roads up to current standards. Also, the Town should look into a new road taking policy
MOTION by Leslie-Ann Morse to make a negative recommendation to Town Meeting on the petition for the taking of Raymond Way.
The Vote: 3-0-1
In Favor: Andersen, Coppelman, Morse
Opposed: None
Abstain: Cole
Motion Passed
Case No. PB 2006-10
Applicant at 255 Corliss Way is seeking a 2-year extension of Residential Site Plan Approval which expires on March 5, 2010.
MOTION by Leslie-Ann Morse to grant additional 2-year extension to March 5, 2012, Seconded by Don Andersen.
The Vote: 4-0
In Favor: Andersen, Cole, Coppelman, Morse
Opposed: None
Motion Passed - Unanimous
Other Business
Discussion of Housing Production plan. Board of Selectmen is holding hearing on Monday, April 5, 2010. Planning Board will schedule meeting during month of April.
Adjournment
MOTION by Leslie-Ann Morse to adjourn, Seconded by Don Andersen.
The Vote: 4-0
In Favor: Andersen, Cole, Coppelman, Morse
Opposed: None
Motion Passed
Meeting adjourned at 6:40 p.m.
Respectfully submitted,
Madelynanne Magill
Dan Coppelman, Acting Clerk
Eastham Planning Board
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