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August 11, 2010 at 4pm
Joint Meeting - August 11, 2010

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
ZBA Members Present:    George Reinhart, Robert Sheldon, Stephen Wasby, John Zazzaro, (Richard Dill arrived at 4:35 p.m.)
ZBA Members Absent:     Robert Finlay - Alternate, Kathryn Sette - Alternate    
Staff Present:          Sarah Raposa - Town Planner

Planning Board Chairman Michael Cole opened the Planning Board meeting at 4:00 p.m. then ZBA Chairman Stephen Wasby opened the ZBA Meeting.  Mr. Cole explained hearing protocols.  Mr. Wasby read the joint legal ad.

Case No. PB2010-13 AND Case No. ZBA2010-05  – Joan Pemberton, of Sudbury, MA, & Atty. Duane Landreth, Orleans, MA seek Residential Site Plan Approval from the Planning Board in relief of Eastham Zoning By-Laws Section IX.D.1. & XIV (percent expansion exceeds 2.5% on a lot under 20,000 sf) to extend footprint of a preexisting nonconforming (PENC) residence and increase height by Duane Landreth and Builder[,] Mike Margotta.  Mr. Landreth addressed the boards and handed out an enlarged copy of the assessor’s map showing the property as lot13A.  Mr. Wasby stated that anything submitted at the meeting would be considered part of the record.  Lot 13A has access to Campground Road and to the west is Cape Cod Bay.  Mr. Landreth referred to Eagle Survey Plan dated 11/7/2008 which shows existing and proposed improvements. He stated that the septic had been upgraded to a tight tank in February of 2009 and then described the history of the lot and the existing layout of the cottage, referring to Michael Margotta plan dated 4/28/2010.   Mr. Landreth passed around photographs for the members to review. He referred to the septic plan to show the locations of the well, and septic system tight tank.  Mr. Landreth then discussed the neighborhood layout, elevation and lot sizes in the cottage area which run between .14 acre and .22 acre.  The site coverage ratio will go from 7% to 14% and it will remain a 2 bedroom.

Mr. Landreth addressed the ZBA first, and stated that when the lot was subdivided in 1949 it predated zoning. It became a lawful pre-existing non-conforming dwelling when zoning came into effect and zoning changes increased lot size. He said that the use will not change; it will still be a 2 bedroom house; the roof will be modified to 8x12 pitch; it will be a seasonal property, with no change to traffic. He said the proposed structure is tastefully designed and will be built into a hill with garage under.  In 2009 there was a new well and tight tank.  Drainage will not be seriously affected, utilities are already in place, and there are no wetlands.

Mr. Landreth then addressed Residential Site Plan considerations. The landscape shall be preserved, and development is consistent with the terrain. He said the new house is consistent with the character, height and scale of the neighborhood.  There will be no effect on the slopes and no effect on natural resources.  The site plan is dictated by access from Hideaway and it won’t change. The house was designed with the By-Laws and neighbors in mind.

Michael Cole opened the hearing to questions from Planning Board members.  

Mr. Coppelman said the outdoor shower is not shown on the plan and asked about drainage.  Mr. Margotta said that outdoor showers are illegal in Massachusetts so there will be an outdoor rinsing station. The water will drain into the ground.  Mr. Sandler said there were no rules in Eastham in regard to outdoor shower installations, and said the Health Agent, Jane Crowley, told him he could do what he wanted.
Tom Johnson asked if there would be any problem traversing over the right of way and other people’s property with the concrete truck and ask whether it would interfere with septic systems. Ms. Pemberton said that when she had the tight tank put in, there were all kinds of trucks and they had researched the septic systems so there would be no problem.

Mr. Cole questioned the Eagle Survey plan dated 11/7/2008 site plan. The septic as built shows existing conditions.  The required survey plan of proposed construction technically doesn’t match proposed construction.  Mr. Wasby said to proceed with what we have with the understanding that a new plan will be submitted.  Mr. Landreth said the 11/7/2008 plan would be updated to show the surveyed addition in precise location, and the new retaining wall will be shown on A1 where it wraps around, and also the outside shower will be shown.  Mr. Cole said the existing foundation is going to remain at same elevation and the addition will get a new foundation.  Mr. Coppelman said regarding the retaining wall, on the new plan to measure setback to the lot line.

Mr. Wasby opened the hearing to questions from Zoning Board members. Mr. Wasby questioned the height increase, existing 19’7" and proposed 26'10" with an increase in height of 7' 3". Mr. Zazzaro asked if the new house shown on the plot plan at 7A - 28 had required Planning Board approval. Ms Raposa said she would get that information for him.

Mr. Wasby stated that Mr. Dill had arrived at 4:35 p.m. and would be considered sitting on this case if there were no objections.  There were no objections.

Mr. Wasby opened the hearing to the audience.

Mr. John Norton of 40 Hideaway Lane, to the right of Pemberton property, has no objection to the project.  Ms. Mary Trickle, a direct abutter has no objection to the project.

No further comments from the audience.  No further questions from Planning Board or Zoning Board members.

Mr. Wasby read the findings of fact.
ZBA Findings of Fact
+0" color="#000000" style="font-family:Arial;font-size:8pt;color:#000000;">Opposed: None
Motion Passed - Unanimous

ZBA Chairman Wasby will entertain a motion to adjourn.

A MOTION to adjourn by Richard Dill, seconded by Robert Sheldon.
The VOTE: 5-0
In Favor: Dill, Reinhart, Sheldon, Wasby, Zazzaro
Opposed: None
Motion Passed - Unanimous

Chairman Cole reconvened the Planning Board portion of the meeting and closed the public portion of the hearing.

Mr. Landreth requested that the fact that the public addressed both the Zoning Board and the Planning Board be put in the record.  Mr. Sandler stated that he is totally behind the project.

Dan Coppelman read the findings of fact.

Findings of Fact

 Public comment consisted of 2 direct abutters, both in favor of the project.

A MOTION by Tom Johnson to accept findings of fact as read, seconded by Dan Coppelman.
The VOTE: 7-0
In Favor:  Andersen, Cole, Coppelman, Johnson, Morse, Panaccione, Sandler
Opposed: None
Motion Passed - Unanimous

A MOTION to approve Residential Site Plan Approval with standard conditions for Case # PB2010-13 by Leslie-Ann Morse, seconded by Tom Johnson.  Mr. Cole requests revised plan showing proposed addition, shower, etc. by Registered Engineer.  Leslie-Ann Morse approves amendment, Tom Johnson approves amendment.
The VOTE: 7-0
In Favor:  Andersen, Cole, Coppelman, Johnson, Morse, Panaccione, Sandler   
Opposed: None
Motion Passed - Unanimous

Tom Johnson volunteered to be the Planning Board tracker for this project.

A MOTION to adjourn the 4:00 p.m. meeting 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

Meeting adjourned at 5:15 p.m.

Respectfully submitted
    as prepared by Madelynanne Magill

Dan Coppelman, Clerk
Eastham Planning Board