ORLEANS PLANNING BOARD
October 23, 2007 – Minutes
A meeting of the Orleans Planning Board was called to order at 7:00 p.m. in the Nauset Meeting Room at the Orleans Town Hall. Present: Chairman: John Fallender; Clerk: Paul O'Connor; Sims McGrath; Kenneth McKusick; Associates: Gary Guzzeau; John Ostman. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller. Absent: Vice-Chairman: Seth Wilkinson.
FORMULA-BASED BUSINESSES
Dennis Special Town Meeting
Meservey stated that the Town of Dennis recently overwhelmingly passed a zoning bylaw at their Special Town Meeting restricting various aspects of formula based businesses in their town by a vote of 169 (in favor) to 14 (opposed) with no discussion at the town meeting.
Discussion on Formula-Based Businesses
The Orleans Planning Board discussed developing a draft bylaw to use in response to requests for the development of formula based retail businesses and restaurants in Orleans with a few exemptions. McGrath stated his opinion that convenience stores should not be exempted and a discussion ensued over the how to deal with the sale of convenience foods as an accessory use to a gas station. McGrath questioned whether hardware stores should be included or exempted under the proposed bylaw. The Planning Board discussed whether the bylaw would specifically deal with the Village Center or whether it should be considered town-wide. McKusick questioned the possibility of allowing formula businesses as long as they conform to the architectural requirements of the town.
The Planning Board agreed that it is important to gain input from local business owners before attempting to draft a bylaw regarding formula-based businesses to be held on November 13, 2007. The Planning Board agreed to review similar bylaws from other towns and include input from the business owners to determine how to proceed in Orleans in order to maintain the unique character and personality of the town and avoid homogenization.
Ostman noted that it is important to determine what accommodations a national or regional franchise would have to make to make them “acceptable” to open a business in Orleans. A discussion ensued whether banks could be considered formula businesses and why they should be exempted. Fuller expressed concerns over the increasing size and overwhelming designs of bank signs that have been erected throughout the town.
McKusick noted that aesthetics seems to be the constant theme of concern with the Planning Board for new business applications. The Planning Board discussed the need for the Architectural Review Committee to have good guidance for determining new business applications including cape cod style architecture and signage. Meservey noted that in other towns, formula based business bylaws with restrictions seem to be most successful in the historic districts.
The Planning Board agreed that the Orleans sign code needs to be revamped to monitor the aesthetics of signs being erected in town. McGrath expressed his opinion that the type of businesses inside the buildings is just as important as the outward appearance of the buildings. McKusick noted that it is important to maintain a vibrant economy in town and reiterated the importance of obtaining input from local merchants. O'Connor stated his opinion that even though the grocery store plazas are located at the opposite ends of town, they are still close enough to be part of the town and to impact traffic circulation in town, and therefore it is unwise to focus solely on the downtown area.
McGrath noted that formula based business are high vehicle traffic generators and would not be ideal in the Village Center where the town is trying to build up pedestrian friendly areas. Paul O'Connor noted that it is important to focus on the impact of a formula based business rather than focusing on the name of the business.
McGrath read a portion of the Orleans Comprehensive Plan - Vision Statement (Chapter 3.1) updated October 2006 as follows: “It is the policy of this Town to ensure that future growth is at a level and in such a manner that will have no or minimal adverse effect upon semi-rural character and environmental integrity of the town”. McGrath noted that the Orleans Comprehensive Plan is the Planning Board’s guiding document and should be used in future development discussions.
ACTION: Businessmen will be invited to come to the November 13, 2007 Planning Board meeting for a discussion on Formula Based Businesses.
IMPACT FEES
The Planning Board reviewed and discussed information regarding the process where municipalities can obtain impact fees from developers. It was noted that impact fees can only be used for capital facilities in the town that are directly impacted by the development. Impact fees must be used within a reasonable amount of time or be returned to the developer. The Planning Board noted that impact fees are most beneficial to towns that are overwhelmed by excessive growth and drains on town resources. It was noted that it would be necessary to hire technical expertise to study and implement a program to collect and administer impact fees. Meservey stated that the Cape Cod Commission has people with the technical expertise to help towns without an official Development of Regional Impact (DRI)
referral. Meservey told the Planning Board that you can not retroactively charge developers Impact Fees on construction projects that are completed.
ACTION: The Planning Board will provide the Board of Selectmen with a memorandum that explains the pros and cons of Impact Fees and a summary of this discussion.
VILLAGE CENTER PLANNING
The Planning Board discussed a draft report on Village Center planning and it was noted that this project has been moved back on the Town’s Capital Plan despite the Planning Board’s need for outside expertise to study the current and future needs of the Village Center. O'Connor noted the need for the Village Center Plan to run concurrently with the quickly progressing Comprehensive Wastewater Management Plan in order not to duplicate construction work (such as tearing up the roads). Fuller warned the Planning Board that there is no provision for increasing funding for projects that are moved back on the Capital Plan which makes it important to allow for adequate funding for projects. Fuller advised the Planning Board to be very proactive about presenting Capital Plan projects to the Board of
Selectmen so that they are not overridden by other projects.
McGrath volunteered to work with the Planning Department on a summary of vision statements from various town sources. The Planning Board discussed the need for profession help on the compilation of a traffic study that incorporates recommendations from the Orleans Comprehensive Plan. The Planning Board discussed the difficulties in determining exact funding that would be required for a Village Center Study since many changes will occur in the Village Center (such as parking and sidewalk issues) due to the Comprehensive Wastewater Management Plan. McGrath stated that a Market Study will help obtain information on the impacts of formula-based businesses and the type of growth that can be expected in the Village Center. McGrath also noted that a separate traffic and parking study may be helpful
in future Village Center planning.
OLD BUSINESS
Recent Development Proposals
Meservey gave a report to the Planning Board on a new development proposal recently reviewed by the Site Plan Review Committee on Canal Road to include a Dunkin Donuts in the old Friendly’s building, an ice cream store in the Tradewinds Gift Shop and new construction for a Ninety Nine Restaurant on a vacant portion of the property at 8 & 14 Canal Road. Meservey noted that there are many complex issues for consideration of this proposal which include stormwater and drainage into a nearby wetland and high volume traffic problems due to the proximity of the project to a dangerous intersection at Canal Road and Route 6A, and high volume of traffic on the adjacent Orleans/Eastham rotary entering Orleans. Meservey stated that despite the fact that this would not necessarily be a mandatory Development of
Regional Impact referral to the Cape Cod Commission, it may be necessary to involve the Cape Cod Commission due to the anticipated high volume traffic congestion issues.
NEW BUSINESS
Meservey informed the Planning Board that Paul Sellers representing NSTAR will be here for a public hearing at the November 13, 2007 meeting regarding trimming trees on scenic and non-scenic roads in Orleans.
APPROVAL OF MINUTES: October 9, 2007
MOTION: On a motion by Ken McKusick, seconded by Sims McGrath, the Board voted to approve the minutes of October 9, 2007.
VOTE: 4-0-1 The motion passed by a majority. (John Fallender abstained).
ADJOURNMENT
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to adjourn at 9:05 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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