ORLEANS PLANNING BOARD
October 9, 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: Vice-Chairman: Seth Wilkinson; Clerk: Paul O'Connor; Sims McGrath; Kenneth McKusick; Associate: Gary Guzzeau. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller. Absent: Chairman: John Fallender; Associate: John Ostman.
ZONING AMENDMENTS
Regulation of Large Homes
The Planning Board discussed the regulation of large homes and it was noted that Special Permits are required for large homes in Orleans that consist of over 4,000 square feet of building coverage. The Planning Board discussed various forms of limitations which could be applied using one of the following options: Lot Coverage, Floor Area Ratio (FAR), Cubic Content Ratio, or applying additional special permit criteria to prevent building large homes on small lots. McGrath noted the need for input from the Zoning Board of Appeals and the Zoning Bylaw Task Force. During a discussion regarding citizen input on this subject, Fuller stated that many of the complaints received by the Board of Selectmen specifically address building additions which are larger than the original house sizes. Wilkinson
suggested creating criteria for the Zoning Board of Appeals to use in their review of Special Permit requests.
Formula-based Business
The Planning Board discussed whether there is a need to regulate various types of formula businesses in Orleans such as retail and restaurant and noted that other towns have enacted formula business bylaws in order to regulate the effect of these types of businesses in town. The Planning Board noted the need to study the needs of the whole town regarding the issue of formula businesses rather than just in the Village Center. McKusick stated his concerns with having single businesses with multiple stores in town as well as the type of architecture they use. The Planning Board agreed that it would be better for the other businesses in town to reduce the influx of formula businesses. The Planning Board agreed that citizen input as well as input from the business community would be helpful in studying
this issue.
ACTION: The Planning Board agreed to hold a public hearing on December 11, 2007 on the subject of formula businesses in order to gain input from citizens as well as the business community.
COMPREHENSIVE WASTEWATER MANAGEMENT PLAN UPDATE
Meservey gave a report from the Wastewater Management Steering Committee regarding plans for meeting the nitrogen removal requirements and noted that they are in the process of reducing the number of possible sites for a larger centralized plant or smaller decentralized plants which will be presented at a series of public hearings. .
VILLAGE CENTER PLANNING
Village Center Update to Board of Selectmen
The Planning Board discussed the lack of funding in the Capital Plan for a Village Center Master Plan and agreed that the Board of Selectmen need to be included in the process of obtaining funding for necessary professional assistance with the in-house staff research. McGrath offered to work with the Planning Department on an Executive Summary of the Village Center showing the items that have been addressed and which ones still need to be addressed. Fuller expressed his opinion that the Board of Selectmen need to be informed of various Village Center issues and need to be pressed for their input on the record on how to deal with outstanding issues. Fuller noted that the Board of Selectmen need to be informed as to how the Village Center decisions are closely tied to the Comprehensive Wastewater
Management Plan and the urgency needs to be demonstrated and should be a goal for the May 2008 Annual Town Meeting. McGrath noted that the Planning Board could propose zoning bylaw changes which would assist with both the Village Center Master Plan and the Comprehensive Wastewater Management Plan.
ACTION: McGrath will work with the Planning Department staff on information for a Village Center plan to be presented to the Board of Selectmen for their input.
License Plate Grant Opportunity
Meservey stated that there is a grant opportunity through the State License Plate Grant program that could be used to complete a market study for the Orleans Village Center as an important part of the Village Center master plan project.
ACTION: Planning Department staff will submit a application to the License Plate Grant Program for funds to complete a market study for the Village Center.
OLD BUSINESS
Eli Rogers Road
The Planning Board discussed a letter from Paul R. van Steensel, dated October 4, 2007 stating his strong objections to the use of a private road known as Eli Rogers Road for construction vehicles to work on property in Brewster referred to as the Sipson’s purchase in a recent court case. Meservey stated that in his discussion with Town Counsel it was noted that all of the properties in question are private properties and therefore not in the jurisdiction of the Town of Orleans. It was also noted that the construction does not affect the town’s watershed. Meservey stated that the easement noted in the court case refers to roads not private properties and stated that this is a civil issue between abutters.
NEW BUSINESS
Impact Fees
The Planning Board discussed a request from the Board of Selectmen to research the issue of impact fees which are a way to charge new developments for the impact that development will have on town resources (such as police, fire and schools). Wilkinson noted that impact fees are considered progressive planning. Fuller stated that the ultimate decision on impact fees would be voted at town meeting and there is a sense that it would not be very popular.
ACTION: Meservey agreed to do further research on the advantage and disadvantages of impact fees and bring a report to the Planning Board.
CORRESPONDENCE
Zoning Board of Appeals Proposed Zoning Amendments
The Planning Board discussed a memorandum from Robert Osterberg, Chairman of the Zoning Board of Appeals regarding proposed zoning issues he felt should be considered by the Planning Board for future zoning amendments which include customary home occupations, residential condominiums and sign regulations. Wilkinson stated that the Planning Board schedule for proposed zoning amendments is already full for the Annual Town Meeting in May 2008. The Planning Board agreed that the issues raised by Osterberg can be reviewed by the Zoning Bylaw Task Force in the future for possible inclusion on a future schedule of zoning amendments.
APPROVAL OF MINUTES: September 25, 2007
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Board voted to approve the minutes of September 25, 2007.
VOTE: 4-0-1 The motion passed by a majority. (Gary Guzzeau abstained).
Daniels Recycling Facility
The Planning Board discussed Board of Selectmen complaints that the Planning Board did not comment on the Daniels Recycling Expansion project Environmental Notification Filing, and it was noted that there will be a site visit at the facility on October 10, 2007 at 11:00 a.m. Meservey agreed to draft a memorandum regarding the recycling facility’s consistency with the Orleans Comprehensive Plan. McGrath noted that the Orleans Comprehensive Plan encourages recycling and Daniels Facility provides recycling services.
ADJOURNMENT
MOTION: On a motion by Ken McKusick, seconded by Sims McGrath, the Board voted to adjourn at 8:54 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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