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August 11, 2010
August 11, 2010 - 5:00 p.m.

PB Members Present:     Don Andersen, Michael Cole, Dan Coppelman, Tom Johnson, Leslie-Ann Morse, Lisa Panaccione, Howard Sandler,  John Knox - Alternate, Lee Verrone - Alternate
PB Members Absent:      None
Staff Present:          Sarah Raposa - Town Planner

Chairman Michael Cole opened the meeting at 5:15 p.m. and explained hearing protocols.

Case No. PB2010-16 - Edward A. and Elfriede N. Gonczarow of Crawfordsville, IN and J. M. O’Reilly & Associates of Brewster, MA - Helena Drive - Map 7 - Parcels 239-240-241. Endorsement of Approval Not Required Plan.

John O’Reilly stated that there are three 21,000 sq. ft. lots combining them into two 33,000 sq. ft. lots.  Mr. O’Reilly has a copy of the plan containing the Planning Board disclaimer.  Mr. Coppelman asked if there was a maintenance agreement in place.  Mr. O’Reilly said he didn’t think they had that in 1960, but the Gonczarow’s own 3 of 4 lots. None of these lots have been developed.

A MOTION to endorse ANR Plan PB 2010-16 by Howard Sandler, seconded by Tom Johnson.
The VOTE: 7-0
In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Panaccione, Sandler
Opposed: None
Motion Passed - Unanimous

Case No. PB2010-17 - Gerard B. Hill of Eastham, MA and Tim Brady of East Cape Engineering of Orleans, MA - 4660 State Highway – Map 8 - Parcel 201A - Endorsement of Approval Not Required Plan.

Mr. Brady explained proposal to divide into two lots and one will be retained by Mr. Hill.  Mr. Cole stated that this is in District D, Business District, and is not residential.  It is Mr. Hills right to divide the property and at 40,003 sq. ft. the lot will be a buildable lot.  He notes future zoning changes that are being considered and long term planning with the Brackett Landing easement connection, and possible connections with Fleming’s and Willy’s.  Planning Board does not like to see new curb cuts on Route 6 and would prefer to seek combined access when the plan comes before them in the future.  There is a driveway easement for non-community public water supply well.

A MOTION to endorse ANR Plan PB 2010-17 by Howard Sandler, seconded by Don Andersen.
The VOTE: 7-0
In Favor:  Andersen, Cole, Coppelman, Johnson, Morse, Panaccione, Sandler
Opposed: None
Motion Passed - Unanimous

Case No. PB2010-10 - (continued from June 9, 2010)  Dave Nussdorfer, of Brewster, MA and Mark Clancy/Pine Harbor, of Harwich, MA seek Site Plan Approval – Special Permit in relief of Eastham Zoning By-Laws Section §XIII for construction of new 32’x32’ detached garage at property located at 3700 State Hwy, Map 11 Parcel 1 (Atlantic Oaks Campground).

Lisa Panaccione is not sitting for this hearing.  John Knox, Alternate continues sitting for this hearing.

David Nussdorfer presented new plan to remove old garage and storage building and build new 56'x32' garage.  Mr. Cole documented, for the record, Coastal Engineering plan C2.1.1 dated August 3, 2010 showing proposed garage, removal of buildings, driveway and fencing. Mr. Coppelman asked about fencing.  Mr. Nussdorfer said there would be a stockade fence on the north side of the garage and a picket fence on the south side.  Mr. Coppelman asked about safety issue of people entering the comfort station and trucks backing out.  Mr. Nussdorfer said people usually enter the comfort station on the other side.  Mr. Johnson asked about lighting and landscaping on Route 6.  Mr. Nussdorfer said the lighting will match codes and will be kept as a grassy area, could put bushes along property line.  

Mr. Cole stated that the Planning Board requires a landscaping plan for commercial projects, Commercial Site Plan Review. Mr. Nussdorfer could ask for a waiver and state that natural vegetation to remain. Front buildings block view and there will be the fencing.

A MOTION to waive the landscape plan by Howard Sandler, seconded by Don Andersen.
The VOTE: 7-0
In Favor:  Andersen, Cole, Coppelman, Johnson, Knox, Morse, Sandler
Opposed: None
Motion Passed - Unanimous

Mr. Sandler mentioned the rug seller.  Mr. Nussdorfer said it is only temporary until the end of the summer and Blackbeard Fish & Tackle is to move in next year.  Mr. Cole noted labeling on the floor plan - use is garage.  Planning Board is concerned with intensity, curb cuts, and safety.  Garage is a low-impact use but potential change of use should come before the Planning Board.  Mr. Coppelman said to correct labeling on architectural plan, sheet 1 is east, sheet 2 is west, sheet 3 is north, and sheet 4 south is labeled correctly.

Chairman Cole asked if there were any questions or comments from the audience and there were none.  Hearing closed to the public.

Findings of Fact

family:Arial;font-size:8pt;color:#000000;">Opposed: None
Motion Passed - unanimous

A MOTION by Leslie-Ann Morse to grant a Special Permit in Case #PB 2010-10 for property located at 3700 State Highway, Map 11, Parcel 1 to construct new garage in accordance with plans filed with the board and prior to the issuance of the building permit, the old garage and storage shed/building be demolished, seconded by Howard Sandler.
Chairman Cole polled the Board: Coppelman - Aye, Morse - Aye, Andersen - Aye, Cole - Aye, Johnson - Aye, Knox - Aye, Sandler - Aye
The VOTE: 7-0
In Favor:  Andersen, Cole, Coppelman, Johnson, Knox, Morse, Sandler
Opposed: None
Motion Passed - Unanimous

Don Andersen will track the project.

Case No. PB2010-12 - (continued from July 14, 2010)  Patricia & Timothy Daley of Eastham, MA and Michael Smith of Orleans, MA - 39 Cranberry Lane - Map 13 - Parcel 60 - Residential Site Plan Approval
Neither the Daley’s or Mr. Smith were present and there were no abutters present.

The Town Planner explained that the applicants did not have their additional materials submitted in time and have verbally requested a continuance.

A MOTION to continue Case No. PB2010-12 without penalty to September 8, 2010 by Howard Sandler, seconded by Lisa Panaccione.
The VOTE: 6-0-1
In Favor:  Andersen, Cole, Coppelman, Johnson, Panaccione, Sandler
Opposed:  None
Abstain:  Morse
Motion Passed

Case No. PB2010-14 – Edward J. Kearns, of Eastham and Tim Brady/East Cape Engineering, of Orleans, MA, request to modify existing condition of subdivision approval as per MGL Ch. 41 §81W  for 1982 subdivision located at 210, 220, 215 & 225 Bayside Drive, Eastham, Map 5, Parcels 153A-D(reference PB1982-1 & Registry Land Plan Book 361 Page 56). Specifically to amend Roadway Plan to allow issuance of Building Permit at 220 Bayside Drive.  

Mr. Brady and Mr. Kearns are present.  Mr. Brady said this was a review of a condition of the original subdivision of this property which occurred in 1982.  At that point in time Bayside Drive  from Route 6 all the way up to the edge of this property was already in existence.  This was one parcel of land that was subdivided into 4 lots.  One of the conditions of approval was that a road be constructed according to the regulations prior to the construction of a house on lot 2.  The other lots had houses on them at that time.    Today, there is no paving, there is a gravel road from Route 6 all the way up to the end of this road, but there is no cul-de-sac.  The applicants propose that a cul-de-sac be constructed of the same nature as the gravel road that is already there, 14 feet wide and would be cleared so one could get a fire truck and rescue equipment around there, and that would provide access to lot 2.  There is currently no plan to build on lot 2, but the lot is on the market.  Knowing of this condition on the lot, they would like to get this cleared up prior to the sale.

Mr. Brady said he met with the Fire Department at the site and discussed what was going to be there and spoke with Neil Andres from the DPW and have added a drainage basin to the plan (referring to the plan dated June 24, 2010 and revised August 2, 2010 to add the catch basin and a couple of construction notes).  The construction is proposed the same as today’s regulations for a 4 lot subdivision which would allow a rural road, which would be a gravel road.  Mr. Sandler asked what the width of a rural road was and Mr. Brady said 14 feet.  Mr. Sandler said the original plan was for a 40 foot tarred road and said this proposed plan should go to the Board of Highway Surveyors. Ms Raposa said that Mr. Andres and the BOHS received copies to review prior to the meeting.

Mr. Johnson asked about lot size and Mr. Brady said that there was no change in lot size, only the road.   Mr. Coppelman asked it overhead wires go over lot 2.  Mr. Brady said no wires go over lot 2 and there is an easement in the way for wires.  Ms. Morse asked if the road would be put back where it should be and Mr. Brady said yes.  Mr. Cole asked about the catch basin on a gravel road and Mr. Brady said it would be off the end of the gravel and will have to be cleaned occasionally.

Mr. Sandler said that if a maintenance agreement was not a part of the 1982 plan then it should not be a part of this one.  Mr. Brady said that this is only being done for one lot, the others are already built on.  Mr. Andersen said the catch basin would probably fill up and never be cleaned.  Mr. Brady said that was probably true, but this is a private road and will never be a town road.

Hearing opened to the audience.

Mr. Steve McDonald of 140 Bayside Drive spoke in opposition of the project.  He stated that visibility is reduced and unsafe and turning around is unsafe.  The road should be built as originally planned.  Mr. McDonald’s son rides to his daily program usually in a van, but occasionally they send a bus.  Mr. Kearns has made no contribution to road upkeep.  Bayside is not all gravel only half way up the road.  The original plan is safer.  Mr. Cole discussed the turn around and condition of the road.

Mr. Arthur Mirkin of 215 Bayside Drive spoke in opposition of the project. Mr. Mirkin has managed the Road Maintenance Fund for 6 years and Mr. Kearns has never contributed.  The road was originally accepted as a black top road.  The more gravel, the higher the maintenance costs.  Gravel will increase costs of upkeep on the road and will create a dust bowl.  The road is posted with a 10 mph speed limit to keep the dust down.  Mr. Mirkin would not be opposed to a mandated maintenance agreement.

Ms. Morse would like the Planning Board to do an onsite visit.  Mr. Cole said the board would like Mr. Brady to stake out edge of 40' way, stake out 14' wide road and stake out 20' wide road.  Mr. Coppelman wants to see the original Bayside Drive road layout, not right of way.  Stake catch basins.  Who is responsible for maintaining Bayside Drive and who has rights to use the road and cul-de-sac.

Mr. Jeff LaShane of 155 Bayside Drive agrees with prior speakers.  Road should be staked on center of 20' right of way.  There is always a 10' puddle at curve of road and there should be a catch basin there.  The Board requested that the applicants flag the two catch basins from 1982 plan.

Mr. Pat O’Connor of 210 Bayside Drive asked if Evergreens are removed, who will pay to have them replaced.  Mr. Cole said if the trees are removed from the right of way they are not on Mr. O’Connor’s property.

Mr. Brady said he would have the stakes in within two weeks.

A MOTION to continue Case No. PB2010-14 to September 8, 2010 by Tom Johnson, seconded by Dan Coppelman.
The VOTE: 7-0
In Favor: Andersen, Cole, Coppelman, Johnson, Morse, Panaccione, Sandler
Opposed: None
Motion Passed - Unanimous

Ms. Morse recused herself from Case No. PB2010-17.  Ms. Morse left the meeting at 6:45 p.m.

Case No. PB2010-15 – First Horizon Home Loans of Fairfax, VA & Robert Haney/The Terranova Group, of Greenville, SC, & Benjamin Zehnder, LLC, of Orleans, MA seek a Special Permit under Eastham Zoning Bylaws Section XIII (Site Plan Approval) to build a 27 bedroom, 14 unit condominium with changes to the structures as required by the MA Building Code at property located at 2470 State Hwy, Map 15 Parcel 065 (ref. PB2006-14, ZBA2010-03).

Mr. Cole stated that Ms. Morse had recused herself and Mr. Verrone would sit for this case.  Special Permit takes 5 affirmative votes.  Okay with Ben Zehnder and Tim Brady.

Mr. Zehnder referred to Ms. Raposa’s memo dated January 19, 2010, and then gave a brief history of the project.  Mr. Brady said the project was a reduction in use from 32 units to 27 bedrooms, septic has been designed and approved by the Board of Health using alternative technology.  The on site well is currently a transient non-community public water supply and that will change to a non-transient non-community public water supply.  The well will be tested and approved by the state before the project moves through to the end.  Has prepared a lighting plan and landscaping plan with added plantings along the easterly property line.  There is some vegetation on the easterly line that will have to be removed for the construction of the septic system.  There is a vegetated buffer on the southerly side on the driveway.  A right turn only sign has been included. And area reserved for sidewalk.  There is sufficient parking for proposed use and will raise grad to within 12" of the foundation.  Mr. Zehnder said an appeal had been filed against the Zoning Board of Appeals approval of the project.

Mr. Coppelman would like to see a barrier of some sort which would allow for a right turn only, also questioned sidewalk reservation.  Submit a plan of sidewalk construction.  Mr. Zehnder said it wold be consistent with other sidewalks in the area.  Mr. Johnson asked if the swimming pool had been filled in and Mr. Brady said it had and there were no plans to resurrect the pool.  Ms. Panaccione asked if there were any community rooms planned for this facility and Mr. Brady said no.

Mr. Cole opened the hearing to the audience.

Mr. Steve Milliken of 2440 State Highway spoke in opposition to the project.  He said he was never notified of the hearings and has hired an attorney. He has water problem and can’t drink the water.  Does Eastham really want this project?  There are too many house on a small lot.  This is a huge development that will be used 12 months of the year.  Mr. Milliken’s residence is in the back of the property.  Mr. Milliken has always lived there.  Mr. Sandler said that the Board of Health had approved the septic system and the Zoning Board of Appeals had approved the project.  

Ms. Syd Milliken, Steve’s sister, spoke in opposition to the project saying that it will be too loud and there will be no privacy.

Mr. Zehnder spoke in rebuttal to the Millikins.  This is District D which already contains a Fire Station, Town Hall, Baseball Field and Convenience Store.  The use is less intensive than the motel use.  Mr. Zehnder said he was willing to talk with the Millikins.

Mr. Cole closed the public portion of the hearing.

Mr. Johnson inquired about the Health Board approval.  Jane Crowley signed septic plan dated 7/29/2010. Mr. Brady said the Board of health approved the septic system in December of 2009.  The old permit had expired and just need a new permit.

Mr. Knox inquired about the impact that no left hand turn would have on the Town Hall traffic.  Mr. Brady said it would have very little impact.   The traffic increase will be negligible.  

Findings of Fact

1.      The Zoning at 2470 State Highway is Zone E.
2.      The lot size is 69,271 sq. ft.
3.      The project was issued a special permit, with conditions, by the Eastham Zoning Board of Appeals.
4.      Access is from Route 6 with no additional curb cuts.
5.      The project is less detrimental because it eliminates 10 bedrooms from previous motel use.
6.      There are 2 abutters opposed to the project.
7.      The design of the building is consistent with surrounding building.
8.      The Board of Health has approved septic design for the project.
9.      The Applicant has offered to construct a sidewalk.

A MOTION to approve findings of fact as stated by Tom Johnson, seconded by Don Andersen.
The VOTE: 7-0
In Favor: Andersen, Cole, Coppelman, Johnson, Panaccione, Sandler, Verrone
Opposed: None
Motion Passed - Unanimous

Mr. Sandler said there should be no left turn onto Route 6.  Mr. Brady said he would do all he could.  Mr. Zehnder said driveway to be constructed to inhibit left turn onto Route 6 and will place a right turn only sign.  Mr. Cole mentioned $10,000 landscaping bond.  Mr. Zehnder said substantial completion was required.  Mr. Zehnder said property is bank owned and bond will be paid at time of issuance of building permit.

A MOTION to grant Special Permit for Case No. PB 2010-15 as submitted, subject to the following conditions by Dan Coppleman, seconded by Don Andersen.


1.      Any changes to the project stamped by the Town Clerk on 7/22/2010 that increase the site coverage ratio, massing or volume of the structure must be reviewed by the Planning Board.
2.      Changes to site coverage or to final grade, i.e. massing of the building must be reviewed.
3.      No Building Permit shall be issued until the application complies with all sections of the Town of Eastham Zoning By-Law and MGL Ch 40A, specifically Section 11, “recording copies of special permit decisions”.
4.      The Planning Board reserves the right to monitor the ongoing construction for compliance with the approved plan.
5.      Planning Board member assigned to track this case is Lisa Panaccione.
6.      A bond for landscaping in the amount of $10,000.00 sill be placed into an escrow account with the Town Treasurer prior to the issuance of a Building Permit.
7.      The Applicant has agreed to provide an island of satisfactory design to prohibit left turn movement.
8.      The Applicant has agreed to perform the construction of concrete sidewalk along road frontage.
9.      The Applicant has agreed to the installation of a Right Turn Only sign on the property.

Chairman Cole polled the Board: Coppelman - Aye, Verrone - Aye, Andersen - Aye, Cole - Aye, Johnson - Aye, Panaccione - Aye, Sandler - Aye
The VOTE: 7-0
In Favor: Andersen, Cole, Coppelman, Johnson, Panaccione, Sandler, Verrone
Opposed: None
Motion Passed - Unanimous

Case No. PB2009-04 - Kenneth & Tara Mitchell - 365 Shurtleff Road - Map 7 - Parcel 164 - Yearly Review of landscaping requirements.

Ken Mitchell and George Reilly were present.  

Mr. Reilly said the landscaping plan that had been submitted is substantially in the ground with little or no modification to the plan.  Mr. Andersen said that in regard to parking, the width of the driveway and the series of bushes, the driveway goes all the way in and these bushes do not exist on the right side.  Mr. Reilly said fence was put in to limit parking on the road and there are one or two bushes there on the end.  The driveway was wider than initially planned.  Mr. Mitchell said parking in front of the home there would be a barrier.  The problem was in backing out, you could not see down the road, it was a safety factor, that is the only change.  A discussion on parking and safety issues followed.

Ms. Panaccione said it should be common procedure to notify the board when you are unable to comply with the plan.  Mr. Cole said that when there’s a change or when in doubt, ask.

Mr. Reilly said they wanted to make the house look like it fit into the landscape so the vegetation was moved back against the foundation and a 12' to 13' cedar tree was planted to soften the view of the house.  More was planted than was on the schedule.

There were no abutter present and no correspondence has been received.

Mr. Johnson suggested the applicant write a note explaining the changes.  Mr. Cole said the landscaping bond is in place and scheduled reviews were for 2010 and 2011.  The applicant is to come back next year with a written reason why they are not in compliance or alternatively, what structure would work.  There was no wall in the section of the plan referred to by Mr. Coppelman, that was cobblestone edging, 2 shrubs were blocking the view.

Howard Sandler left the meeting at 7:55 p.m.
A MOTION to accept the minutes of July 14, 2010, July 27, 2010 and August 3, 2010 as submitted by Tom Johnson, seconded by Don Andersen.
The VOTE: 5-0
In Favor: Andersen, Cole, Coppelman, Johnson, Panaccione  
Opposed: None
Motion Passed - Unanimous

The next work session at 4:00 p.m. on August 17, 2010.

A MOTION to adjourn by Tom Johnson, seconded by Don Andersen.
The VOTE: 5-0
In Favor: Andersen, Cole, Coppelman, Johnson, Panaccione
Opposed: None
Motion Passed - Unanimous

The meeting adjourned at 8:05 p.m.

Respectfully submitted
   as prepared by Madelynanne Magill

Dan Coppelman, Clerk
Eastham Planning Board