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May 12, 2010
May 12, 2010

Members 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 Michael Cole opened the meeting at 5:00 p.m. and explained hearing protocols.

Case No. PB2009-17 (continued from 03/10/10) – 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.

Written request made by Attorney Ben Zehnder prior to the meeting to continue until the June meeting.

A MOTION to grant a continuance to the June 9, 2010 meeting by Leslie-Ann Morse, seconded by Don Andersen.
The Vote: 7-0
In Favor:       Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed:        None
Motion Passed - Unanimous

Case No. PB2010-05 (continued from 04/14/10) – Paul Pazniokas and Phyllis Mondelli, Brookside NJ & East Cape Engineering, Orleans, MA, seek Residential Site Plan Approval in relief of Eastham Zoning By-Laws Section IX.D.2. & XIV (site coverage exceeding 3,000 sf), for kitchen/roof addition, finish attic space & general renovations located at 50 Bayshore Lane, Map 13 Parcels 136E.

As Leslie-Ann Morse had not attended the April 14, 2010 meeting and would not be sitting, John Knox, Alternate, was asked to continue to sit with the Board.

Tim Brady of East Cape Engineering and property owner Paul Pazniokas were present. Tim Brady explained plan revisions which included a slight reduction in the site coverage calculations a 1' height increase.  The third floor deck was reduced in size compared to the original plan and on the north elevation, door opening to a guard rail only, no deck.  

Howard Sandler questioned the building height and Mr. Brady stated that the previous proposed height was 28.6' and the new proposal was 29.7'.

Tom Johnson stated for the record that the current plans and the site plan were dated May 5, 2010.
Dan Coppelman stated that his concerns from the April meeting remained.  He thought the 3 stories of windows, multiple porticos and dormers extending from the roof line and the visibility were not in character with the neighborhood.  He felt the proposal had increased massing as the roof slopes away with no projections.  Mr. Pazniokas asked whether he has referring to the street side or the water side and Mr. Coppelman said that both were concerns.

Tim Brady presented photos of other 3 story homes with multiple projections in the neighborhood
Don Anderson stated that his main concern was massing.  Mr. Pazniokas spoke of the architecture of neighboring homes and referred to the house as a monolithic block and that he wanted to make it prettier.  He stated that they use the house more in the winter now and currently they have a 15'x15' living room area with an attached dining room.  In order to gather family they either needed a third floor or a finished basement.

Craig Nightingale stated that they did a great job with the house and had addressed the board's previous concerns, but the additional foot was a shock.  He has returned to view the property and sees no reason not to approve the project.

Tom Johnson referred to the house as a big square block.  It is a massive room going from 225 sq. ft. to 655 sq. ft., which adds 50% to the view in all directions.

Howard Sandler said this is a valuable property and people are looking for maximum use.  It is not offensive to the general public because they do not drive by the house like they do on Samoset Road.

John Knox said they were maximizing the economic value.

Tim Brady inquired as to the number of members who would be voting and the number of votes needed to pass.  Mr. Cole said that 7 members would be voting and a majority of 4 votes would be needed to pass.  Mr. Brady requested an informal poll of the members, so as to decide whether to go forward or ask for a continuation.   

Mr. Cole referred to the new Height By-Law and stated the by-law had been published on January 1st and approved at Town Meeting and was now in effect.  Mr. Brady stated that there will be no change to the existing grade as the building is very close to the ground.

Ms. Morse stated that Residential Site Plan Approval fell under the rules of Chapter 40A Section 9 (same as for a Special Permit).

Informal poll of the board
Coppelman - No          Andersen - No   Johnson - No            Sandler - Yes   
Nightingale - Yes               Knox - Yes              Cole - Yes

Mr. Brady chose to go forward with the hearing.

Findings of Fact:       

1.      No negative impact on the neighborhood or neighbors
2.      Home is in character with the general neighborhood
3.      No objections from abutters, either oral or written
4.      Conservation Commission approval
5.      Board of Health requires Septic System Inspection Report
6.      Landscaping to remain as is and be maintained

A MOTION to accept the Findings of Fact, as stated, by Tom Johnson, seconded by Don Andersen.
The VOTE:  6-0-1
In Favor:  Andersen, Cole, Johnson, Knox, Nightingale, Sandler
Opposed:  None
Abstain:  Coppelman
Motion Passed

A MOTION to accept Site Plan Approval - Residential for PB2010-05 by Howard Sandler, seconded by Craig Nightingale.
The VOTE: 5-2
In Favor: Andersen, Cole, Knox, Nightingale, Sandler
Opposed: Coppelman, Johnson
Motion Passed

Case No. PB2010-09 – Charles Cocce, of Hanover, MA, seeks a Site Plan Approval – Special Permit (§XIII) in relief of Eastham Zoning By-Laws Section VI.D.10.b. for enclosure of screened porch on a pre-existing, nonconforming lot containing a total of three or more dwelling units at property located at 735A Campground Rd, Map 7 Parcel 324 (ref. ZBA2010-02).

Applicant was not present but submitted written request by the owner, Mr. Cocce, to continue the hearing to the June 9, 2010 meeting for determination of a special permit from the Zoning Board of Appeals.

A MOTION to continue Case PB 2010-09 to June 9, 2010 by Leslie-Ann Morse, seconded by Tom Johnson.
The VOTE:  7-0
In Favor:  Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed:  None
Motion Passed - Unanimous

Mr. Al Pemberton, an abutter to the Cocce property stated that he and the other abutters in attendance had driven hundreds of miles only to be told the meeting had been cancelled.  He questioned notification protocols on continuances.  Mr. Cole explained the process to him, stated that this case was also being heard by the Zoning Board of Appeals, and suggested they attend the Zoning Board meeting to voice their concerns.  

A MOTION by Tom Johnson to add language to the abutters notices about calling the Planning Board the day before or the day of a hearing to make sure it had not been continued. After discussion about updating the Planning Board's Rules and Regulations document, the motion was withdrawn.

Case No. PB2010-08 – John Klingel, of San Anselmo, CA, and Larry Luczynki, of N. Chatham, MA, seek Residential Site Plan Approval in relief of Eastham Zoning By-Laws Section IX.D.2. & XIV (site coverage exceeding 3,000 sf), to remove and replace addition and decks for property located at 90 Old State Highway, Map 20 Parcel 117B.

Larry Luczynki, John Klingel and Len Sussman of Crows Pond Architecture were present.  Mr. Sussman submitted revised plans with slight changes.  Mr. Sussman noted the existing condition of the house and noted proposed changes.

Leslie-Ann Morse inquired about the old chimney shown on plan A102.  All to remain the only change is the addition of a dormer as shown on A105.  A change in roof pitch to make the addition appear less bulky.  

Craig Nightingale made reference to the magnificent Cedar tree on the property and said the property was a pleasure to see.  Tom Johnson thought it was a nice project and Howard Sandler said the project looked good.  Sarah Raposa stated that the Historic Commission was impressed with the project.

Findings of Fact:  

1.      The addition is appropriate for the structure that is there and for the neighborhood.
2.      The addition is located centrally within the site.
3.      There exists ample landscaping bordering on all property lines.
4.      Views from basically all directions would seem appropriate with this addition.
5.      Board of Health, Conservation and Historic Commission approvals.
6.      There were no comments on the project either oral or written.

A MOTION to accept the findings of fact as stated with conditions by Tom Johnson, seconded by Don Andersen.
The VOTE: 7-0
In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion passed - Unanimous

A MOTION to accept Case PB2010-08 with findings set forth and standard conditions, and accepting revisions to sheets A105 and A106 dated April 15, 2010, by Tom Johnson, seconded by Craig Nightingale.
The VOTE: 7-0
In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed: None
Motion passed - Unanimous

Leslie-Ann Morse volunteered to watch the project.

Case No. PB2008-19 – Carl W. Harris, Jr., Trustee of the Harris Family Realty Trust, of Hingham, MA and Atty. Duane Landreth, of Orleans, MA, request to modify existing Statement of Conditions as per MGL Chapter 41 Section 81W (reference PB2008-19 & Land Court Document # 1,112,024) for subdivision located at 650 & 700 Dyer Prince Road and 8, 12, 16, 20, 23 Keene Way, Eastham, Map 19, Parcels 43 F-L (Land Court Plan #28883D-pending).

Attorney Duane Landreth and the principles of the Harris Family Realty Trust were present.  Mr. Landreth showed the board the definitive plan and stated that Lot #12 has been sold in September of 2009 to Mr. Anthony Schoener. Mr. Landreth gave a summation on the history of the case so far including the Wildlife Assessment required by the Natural Heritage Endangered Species Program a137,000 sq. ft deed restriction, and a box turtle protection plan which placed further restrictions on the property.  Mr. Landreth then read a letter from Mr. Schoener in support of the Harris' request for modification of existing Statement of Conditions.  The letter was presented to the Chairman and then given to Ms. Raposa for the file.  

Mr. Cole noted the consent from Mr. Schoener and discussed voting requirements.  Howard Sandler commented on the condition and agreed with the modification and mentioned the correspondence from Ms. Kane previously discussed.  Don Andersen and Craig Nightingale noted that animals never came up in the discussions.  Dan Coppelman asked if animals had ever been discussed and all members agreed that it had not.  Leslie-Ann Morse said that anyone who knew the beach knew about the animals and that she had assumed that the public also meant animals. She also felt that these conditions were within the purview of the board. Craig Nightingale noted that pets are personal property.

Don Andersen said the Harris' went above and beyond what's allowed by agreeing to 2-legged on property.  Mr. Cole stated that if the Harris' had not agreed to this walking easement for the public, beyond what the Commonwealth allows, they were certainly within their right to turn it down and he didn't know how the Planning Board could have legitimately come up with a way to deny that subdivision.  He also felt that the comment Attorney Landreth made about it being an extraordinary agreement was true.

Mr. Cole asked if there were any comments from the public in attendance, there were none.  Mr. Cole called for a motion.

A MOTION to accept the Statement of Conditions as modified, including a new Statement #2 stating that the term "members of the public" in the previous paragraph excludes all domestic animals except service animals.  Seconded by Craig Nightingale.
The VOTE: 5-0-2
In Favor: Andersen, Cole, Johnson, Nightingale, Sandler
Opposed: None
Abstain: Coppelman, Morse
Motion Passed

Attorney Landreth thanked the Board and stated that now the Chief of Police could not include dogs as part of the public.

Eastham Planning Board Rules and Regulations:

Leslie-Ann Morse referred to the Membership and Duties section and said the wording was misleading.  After discussion, the words "(for discussion)" were stricken.  Alternates can not vote in any matter under Chapter 41.

Tom Johnson stated that the current charter does not recognize alternates, but the new charter that was just voted does.

The Board then discussed Standards of Conduct for Board Members.  It was decided to leave that section as is.  Applicants can contact the Town Planner at any time.  Should there be a time when there is no Town Planner, the rule can be changed.

Leslie-Ann Morse noted that under the Conflict of Interest section "and leave the meeting room during all times that particular matter is being discussed" needed to be modified. If a member has a personal interest in a case they should leave the board but not the meeting room.

Michael Cole said this would be a great tool for new board members.  Sarah Raposa noted the addition of the new third-party consultant fees section.  Tom Johnson asked the Chairman to schedule a work session.

Work session schedule as follows:
Tuesday, May 25, 2010 at 4:00 p.m.
Tuesday, June 29, 2010 at 4:00 p.m.
Tuesday, July 27, 2010 at 4:00 p.m.

Items to be discussed on May 25:        
1.      Joint meeting protocol
2.      Rules and Regulations
3.      Goals and Priorities for the year ahead

The Chair will meet with the Planner to draw up a tentative agenda.

Approval of Minutes
A MOTION by Tom Johnson to approve April 14, 2010 Planning Board Minutes as submitted, seconded by Craig Nightingale
THE VOTE: 6-0-1
In Favor:       Andersen, Cole, Coppelman, Johnson, Nightingale, Sandler
Opposed:        None
Abstain:        Morse
Motion Passed

A MOTION by Tom Johnson to approve April 28, 2010 Planning Board Minutes as submitted, seconded by Craig Nightingale
THE VOTE: 6-0-1
In Favor:       Anderson, Cole, Johnson, Morse, Nightingale, Sandler
Opposed:        None
Abstain:        Coppelman
Motion Passed


A MOTION to adjourn the meeting by Tom Johnson, seconded by Craig Nightingale.
The VOTE: 7-0
In Favor:       Anderson, Cole, Coppelman, Johnson, Morse, Nightingale, Sandler
Opposed:        None
Motion Passed - Unanimous

The meeting adjourned at 6:55 p.m.

Respectfully submitted
as prepared by Madelynanne Magill

Craig Nightingale, Clerk
Eastham Planning Board