EASTHAM PLANNING BOARD
MINUTES
Earle Mountain Meeting Room
July 13, 2011 - 5:00 P. M.
PB Members Present: Don Andersen - Vice Chair, Michael Cole - Chair, Dan Coppelman, Tom Johnson, Craig Nightingale, Lisa Panaccione, Lee Verrone, Robert Smith - Alternate
PB Members Absent: None
Staff Present: Patrice Carson - Planning Consultant
Michael Cole opened the meeting at 5:00 p.m., introduced new members and then explained meeting protocols. Mr. Cole stated that the meeting was being recorded and asked if anyone in the audience was recording, there was noone recording.
Case No. PB 2011-06 - Paul Johnson, owner, of Eastham, MA, and Douglas Ruther, applicant, of Brookline, MA, seek Residential Site Plan Approval under Eastham Zoning By Laws, Section IX, Intensity Regulations, Paragraph D.2., for additions to first and second floor for a mudroom and stair/hall, interior renovations and new bath, for property located at 60 Cobbett Lane, Map 13, Parcel 200.
Sitting on this case: Andersen, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Residential Site Plan Review requires a simple majority vote for approval.
Douglas Ruther, Architect, of Brookline, MA representing the owners, gave an overview of the proposal to enclose the area under the existing library and handed out new figures in regard to the square footage.
Dan Coppelman questioned the step going into the garage and Mr. Ruther said it was only 4-6 inches high. Mr. Andersen agreed with Mr. Coppelman that the project was logical, a reasonable proposal. Mr. Cole said that it was a hard lot to find. Mr. Nightingale said the proposal was OK, Tom Johnson said they were excellent changes to the house and Ms. Panaccione said the plan was perfect.
There were no comments from the audience, and no letters or emails had been received.
Mr. Johnson read the findings of fact.
Findings of Fact:
1. The lot size is 21,362 square feet.
2. The existing site coverage is 3,082 square feet or 14.44%.
3. The proposed site coverage is 3,494 square feet or 16.4%, an expansion of 1.941% from existing.
4. The proposed project does not impact existing native vegetation and soil or grade changes since no grading work is proposed and the area impacted is a paved walkway.
5. The proposed project has no significant environmental impacts.
6. The project has Health Department approval.
7. The characteristics of the neighborhood are preserved by the plan as presented since the existing outside of the residence will remain virtually unchanged.
A MOTION by Tom Johnson to approve the findings of fact as stated, seconded by Lisa Panaccione.
In Favor: Anderson, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
A MOTION by Tom Johnson to grant Residential Site Plan Approval for Case No. PB2011-06 with the following conditions:
Conditions:
1. No Building Permit shall be issued until the application complies with all sections of the Town of Eastham Zoning By-Laws.
2. Any changes to the project stamped by the Town Clerk dated 06/01/2011 and Site Plan dated 07/12/2011, except those that are de minimis, must be reviewed by the Planning Board. If the Planning Board finds a change to be substantial, re-notice is necessary for a new hearing.
3. Although none proposed, any changes to final grade must be reviewed by the Planning Board.
The Planning Board will be notified by the applicant two weeks before starting construction. The Planning Board member assigned to monitor this project is Tom Johnson.
Seconded by Dan Coppelman
In Favor: Anderson, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
Michael Cole recused himself from the following hearing and turned the hearing over to Don Andersen, Vice Chairman.
Case No. PB 2011-07 - John and Linda Koterba, owners, of Eastham, MA and Cape Associates, Inc., applicant, of No. Eastham, MA, seek Residential Site Plan Approval under Eastham Zoning By Laws, Section IX, Intensity Regulations, Paragraph D.2., to finish storage area over garage and turn into studio, for property located at 25 Lighthouse Lane, Map 09, Parcel 330G.
Sitting on this case: Andersen, Coppelman, Johnson, Nightingale, Panaccione, Smith, Verrone
Rich Bryant of Cape Associates representing the owners, requested a waiver for a certified plot plan as there will be no exterior changes to grade, or otherwise.
Referring to Zoning By-Laws Section 14 C stating that since the project does not include any exterior changes to the building, a MOTION by Tom Johnson to approve the waiver requested, seconded by Dan Coppelman
In Favor: Anderson, Coppelman, Johnson, Nightingale, Panaccione, Smith, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
Mr. Coppelman inquired about hearing, lighting, and plumbing in the studio area, and asked if there would be chemicals or flammable substances used there. Mr. Bryant said the studio would be used more like an office and there would be no chemicals used. The doorway has a 48" wide opening so not considered a bedroom.
Mr. Nightingale said the room was huge and asked how many people would be working there. Mr. Bryant said it just looks huge on paper, but add in the kneewalls and it’s lot smaller.
Mr. Johnson said that the project would require a deed restriction for 2 bedroom use for the Board of Health. Mr. Bryant said that the Board of Health did review and said a simple septic inspection would be required. Ms. Carson said that Jane Crowley, the Health Agent had reviewed the plan and said that the 2 bedroom deed restriction was required.
Mr. Coppelman asked if there was a need for secondary access and Mr. Bryant said no, as it was not a bedroom it did not need secondary egress.
There were no comments from the audience, no letters or emails received.
Lisa Panaccione read the findings of fact.
Findings of Fact:
1. The lot size is 20,839 square feet.
2. The existing site coverage is 3,299 square feet or 15.83%.
3. The proposed site coverage is 3,825 square feet or 18.35%, an expansion of 2.52% from existing.
4. The proposed project does not impact existing native vegetation and soil or grade changes since no exterior work is proposed.
5. The proposed project has no significant environmental impacts.
6. The project requires deed restriction for 2 bedroom use to be recorded on the deed and filed with the Board of Health.
7. Septic System Inspection to determine function is required.
8. The characteristics of the neighborhood are preserved by the plan as presented since the existing outside of the residence will remain unchanged.
Lisa Panaccione volunteered to monitor this project for the Board.
A MOTION by Lisa Panaccione to accept the Findings of Fact as stated, seconded by Tom Johnson
In Favor: Anderson, Coppelman, Johnson, Nightingale, Panaccione, Smith, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
A MOTION by Lisa Panaccione to approve Site Plan Review for Case No. PB2011-07 with the following conditions,
Conditions:
The following standard conditions shall apply in this written decision:
1. A deed restriction shall be filed for no more than a 2 bedroom use on this property, recorded on the deed and filed with the Board of Health.
2. Septic System inspection to determine function, is required.
3. No Building Permit shall be issued until the application complies with all sections of the Town of Eastham Zoning By-Law.
4. Any changes to the project stamped by the Town Clerk on 06/01/11 and 0o6/08/11, letter of authorization from the owners, except those are de minimis must be reviewed by the Planning Board. If the Board finds a change to be substantial, re-notice is necessary for a new hearing.
5. Although none proposed, any changes to final grade must be reviewed by the Planning Board.
6. The Planning Board reserves the right to monitor the ongoing construction for compliance with the approved plan. Planning Board member assigned to track this case is Lisa Panaccione.
seconded by Craig Nightingale.
In Favor: Anderson, Coppelman, Johnson, Nightingale, Panaccione, Smith, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
Case No. PB 2011-08 - Thomas J. Buono Family Trust and Susan O’Brien seek Approval Not Required for property located at 50 and 60 Fairview Avenue, Map 12, Parcels 119 and 121.
Michael Cole is recused from this hearing.
Sitting on this case: Andersen, Coppelman, Johnson, Nightingale, Panaccione, Smith, Verrone
Mr. Richard O’Hearn a Professional Land Surveyor and Registered Sanitarian representing the applicants, said that the land was to be swapped so that the setback could be met for future construction.
Mr. Coppelman said that the wells and septics were not on any part of this property. Mr. O’Hearn said that the owners are aware of this and that should the existing system fail, they would upgrade to a Title V system. This swap would allow them enough room to upgrade and meet the 100' setback for Title V. Mr. Coppelman also noted a typo on the Mylar plan. Mr. O’Hearn said that he would fix the typo and initial the change.
Ms. Carson said that the owner wants to add a 22 foot garage and, as shown on the Mylar, it will fit.
There were no comments from the audience.
Ms. Carson said that Mr. O’Hearn submitted a waiver for time frame beyond 25 days, that would require a vote.
A MOTION by Tom Johnson to approve waiver request for more than 21 days between the time of application and the hearing date of this ANR, seconded by Dan Coppelman.
In Favor: Anderson, Coppelman, Johnson, Nightingale, Panaccione, Smith, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
Mr. Cole has returned.
Informal Discussion:
Tear Down/Rebuild House at 240 Hatch Road, Property of Sweeney, Aline Architecture
Ms. Joy Cumming of Aline Architecture, representing the owners, explained the proposed project. The owners bought the house in 1999 with hopes of making it their primary residence in future. They plan to tear-down and rebuild a new upside down house on this lot with bedrooms, family room, breezeway and garage on the first floor, kitchen, living area and master bedroom suite on the 2nd floor, and a lofted mezzanine space with roof deck on the 3rd floor. The lot size is 25,465 square feet with an 4 bedroom dwelling and detached shed totaling 1,411 square feet, with a percentage of 5.33% lot coverage. The proposed coverage square footage would be 4,354, or 16.45% lot coverage, which is an increase of 11.12%. Ms. Cumming passed around photos of the neighborhood and a
proposed plan of the new house.
Mr. Johnson asked if the 3rd story would be habitable space and Ms. Cumming said that it would be open to below with a stairway in the center and to be used as access to the roof deck. Mr. Johnson also asked if the existing shed would be removed and Ms. Cumming said yes.
Mr. Cole suggested that Ms. Cumming survey the neighbors and get their feedback, and said that positive notes, letters or emails would be helpful to submit with the application to the board. He said the house is unique and Eastham is relatively conservative. He suggested massing it in relation to other houses in the area and show how house is shielded from the neighbors on the plot plan, exterior lighting, drainage, landscaping and screening should also be shown on the plans.
Mr. Coppelman referred to drywell locations and height calculations.
Ms. Panaccione stated that any photos or displays submitted at the meeting must be surrendered, so bring extra copies.
Informal discussion closed.
Minutes:
✦ April 20, 2011
A MOTION by Tom Johnson to approve the minutes of April 20, 2011 Public Hearing with correction noted on Page 3, seconded by Dan Coppelman.
In Favor: Anderson, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
✦ May 11, 2011
A MOTION by Tom Johnson to approve the minutes of the May 11, 2011 joint Planning Board and Zoning Board of Appeals meeting, as printed, seconded by Don Andersen
In Favor: Anderson, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
✦ May 24, 2011
A MOTION by Tom Johnson to approve the May 24, 2011 Work Session Minutes, as printed, seconded by Dan Coppelman
In Favor: Anderson, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
✦ June 8, 2011
A MOTION by Tom Johnson to approve the June 8, 2011 joint Planning Board and Zoning Board of Appeals meeting, as printed, seconded by Don Andersen
In Favor: Anderson, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
Mr. Cole referred to a note from the Town Administrator on behalf of the Board of Selectmen requesting that the Planning Board members attend a hearing on August 3, 2011 at 2:30 p.m. on the Sign Code By-Law. After the hearing we will know if there will be a Special Town Meeting in the fall. Mr. Cole would like to schedule a work session after the 2:30 meeting as a follow-up on meeting with the Selectmen, and to look at dates for future hearings, introduce new members to the rules and regulations, and to discuss what is next on our to do list. Arrange for the small room from 3:00 to 4:30 p.m. and post as 2 separate meetings, or immediately following the 2:30 meeting if it runs more than half an hour.
Reorganization:
Michael Cole addressed the members of the board and nominated Dan Coppelman as Chairman.
A MOTION by Michael Cole to elect Dan Coppelman as Chairman, seconded by Craig Nightingale.
In Favor: Anderson, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
Dan Coppelman nominated Michael Cole as Vice Chairman, and Lisa Panaccione nominated Tom Johnson as Vice Chairman.
The Board was polled by show of hands.
Michael Cole as Vice Chair - Andersen, Nightingale, Verrone
Tom Johnson as Vice Chair - Panaccione
Michael Cole is the new Vice Chairman.
Michael Cole nominated Tom Johnson as Clerk.
The Board was polled.
In Favor: Andersen, Cole, Coppelman, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 6-0
Passed - Unanimous
An abutter to the Magnacca property on Martha Avenue was present in the audience and asked for an update. Mr. Cole said that a letter was sent to Mr. Magnacca stating that his approval timeline had passed and his approval was no longer valid, and directing the Building Inspector to have the building removed. The letter was Certified Mail - Return Receipt and the Building Inspector would follow through in two weeks.
A MOTION by Tom Johnson to adjourn the meeting, seconded by Michael Cole
In Favor: Anderson, Cole, Coppelman, Johnson, Nightingale, Panaccione, Verrone
Opposed: None
The VOTE: 7-0
Motion Passed - Unanimous
Meeting adjourned at 6:35 P.M.
Respectfully submitted
As prepared by Madelynanne Magill
__________________________
Michael Cole, Chairman
Eastham Planning Board
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