ORLEANS PLANNING BOARD
September 25, 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; Vice-Chairman: Seth Wilkinson; Clerk: Paul O'Connor; Sims McGrath; Kenneth McKusick; Associate: John Ostman. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller. Absent: Associate: Gary Guzzeau
APPROVAL NOT REQUIRED - KRISTINE KAVANAUGH, 212, 214, AND 216 MAIN STREET
Wilkinson recused himself for this discussion since he is a trustee of the Orleans Conservation Trust which is an abutter to these properties. Chairman Fallender requested that John Ostman vote as a regular member in Wilkinson’s absence.
Phillip Scholomiti (Ryder & Wilcox) presented an Approval Not Required plan for Kristine Kavanaugh for alterations to two lot lines on three existing lots located at 212, 214 & 216 Main Street. Scholomiti noted that the existing buildings on three lots are located in a Rural Business District and include a former restaurant, a miniature golf course and a former retail business. Scholomiti stated that the frontage on all three lots will remain the same. Scholomiti stated that this Approval Not Required plan allows for the following lot combinations: Lots 1 and 2, Lots 3, 4 and 6, and Lots 5 & 7.
Meservey stated that this plan meets all of the submittal requirements in Subdivision Control Law for an Approval Not Required. Meservey noted that for undersized or non-conforming lots, Section 22.a.4 of the Orleans Zoning Bylaws allows an applicant to come in and reconfigure lots lines without using any of the zoning protections for residential purposes.
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Planning Board voted to find that the reorganization of the lot lines that do not change the square footage of any of the resulting parcels at 212, 214 and 216 Main Street be endorsed and signed as an Approval Not Required for Kristine Kavanaugh.
VOTE: 5-0-0 The motion passed unanimously.
VILLAGE CENTER PLANNING – CONSTRAINTS MATRIX
The Planning Board discussed the impacts of the each of the categories on the constraints matrix and the members will individually rank each of those categories in order to determine how they affect the Village Center District and the answers will be combined for further Planning Board review.
PROPOSED ZONING AMENDMENTS
The Planning Board discussed the following proposed zoning amendments for possible referral to the Zoning Bylaw Task Force for review for the Annual Town Meeting in May 2008.
- National Seashore Boundary Inconsistency with Orleans Zoning Map
Meservey stated that the inconsistency with the National Seashore Boundary and the Orleans Zoning map affects some property owners and this issues needs to be resolved and the Zoning Bylaw Task Force has already started to address this problem.
ACTION: This issue will be forwarded to the Zoning Bylaw Task Force for their review
and recommendation.
Meservey indicated the need to deal with the issue of formula businesses (which consist of larger chain stores) that may wish to come to Orleans which could adversely affect the character of the community.
ACTION: No action was determined at this point in the meeting. This issue will be
discussed later in the meeting.
Meservey stated that the Building Inspector (Zoning Enforcement Officer) has requested that a requirement for a recordable Deed Restriction or Covenant be allowed to eliminate the possibility of transforming alternate buildings such as workshops or pool houses into residential dwellings without proper regulation. Meservey stated that this falls under zoning and the regulation of land use.
ACTION: No action was determined at this point in the meeting.
- Amount of Business Space Allowed in Rural Business District §164-13, Footnote 2
Meservey noted that in previous reviews on limiting residential units in the Rural Business District, public comments were received requesting the option of expanding the allowed business space in the Rural Business District.
ACTION: Meservey stated that the board wants to go forward with this issue.
- Nitrogen Loading Interim Regulations
Meservey stated that the Board of Health is currently working on the Nitrogen Loading Interim Regulations and not further action is required of the Planning Board.
ACTION: No further action is required of the Planning Board on this issue.
- Large Single Family Homes
Meservey stated that the board has discussed whether there is a need for an article to address large single family homes. Meservey noted that Orleans currently has a 15% building coverage limitation in residential lots, not to exceed 4,000 square feet without a Special Permit (Special Permits have almost all been granted in the past). Meservey noted that Orleans does not presently regulate the architecture of single family homes. Wilkinson stated that in his experience, the Attorney General was turning down limitations on gross square footage and suggested it might be advisable for the Planning Board to obtain an opinion from Town Counsel regarding the Town’s options. McGrath stated that providing a hard cut off would encourage further subdivision and questioned whether
scalable limitations could be encouraged so that people desiring larger houses would retain larger parcels of land for those dwellings to be built on. Fallender questioned whether the 15% lot coverage issue needs further Planning Board review. The Planning Board agreed that businesses need to fit the Rural Business type of community and there does not seem to be a need for larger business space in the Rural Business District. McGrath stated that when the Rural Business District was created in 1976, it was intended to keep it separate and distinct with small businesses with local neighbor implications.
ACTION: No further action is required of the Planning Board on this issue.
- Allowance of Accessory Apartments on Panhandle Lots
Meservey posed the question of whether a panhandle lot should be allowed to have an accessory apartment or whether there should be a change in policy. Meservey quoted the zoning bylaw as follows: “an accessory apartment is an accessory dwelling within a single family home”. Meservey stated that under panhandle lot requirements you can only have one single family dwelling on a panhandle lot. Meservey noted that the interpretation is that an accessory apartment can be put on a panhandle lot, even though you can not have two single family dwellings. McGrath stated his opinion that a fully compliant panhandle lot, subdivided for the purposes of a single family home, should have all the rights and privileges of any other fully compliant lot subdivided for the purposes of a
single family home.
ACTION: No further action is required of the Planning Board on this issue.
Meservey noted a town-wide need to minimize the need for adding more nitrogen and phosphorus from lawn care practices into the environment. Meservey stated that the Pleasant Bay Alliance has applied for a grant to develop a model lawn fertilizer bylaw that could be used by each of the four member towns in the alliance and it might be prudent for the Planning Board to wait for the results of that grant application for further review. Sims McGrath stated that the Wastewater Management Steering Committee will be dealing with this issue as part of the Comprehensive Wastewater Management Master Plan and the Citizen's Advisory Committee will deal with the public education for this issue which may provide better success. Meservey noted that public education may be the most
effective way to deal with this problem. Meservey made a
recommendation that the Planning Board wait for the Pleasant Bay Alliance study to be completed and at a later date an ad hoc committee that consists of members from the Planning Board, Board of Health and Conservation Commission to discuss the most realistic way to address this issue, possibly in a town bylaw.
ACTION: No further action is required of the Planning Board on this issue at this time.
- Inconsistencies in Terms “Upland”, “Contiguous Upland”, “Buildable Upland”, “Area Above Conservancy”
Meservey noted that different terms are used in the bylaws such as “upland”, “contiguous upland”, “buildable upland”, “area above conservancy” which may warrant clarification and in the past the Planning Board has determined this to be a low priority.
ACTION: Planning Department will do an evaluation of whether the terms “upland”, “contiguous upland”, “buildable upland” and “area above conservancy” cause confusion or whether they are valid and useful as they are listed in the zoning bylaw.
Meservey questioned whether there are some categories of use for which the parking requirements are no longer valid, but noted that the Planning Board has previously determined that although there might be minor adjustments that could be made to the parking requirements, there is no need for further Planning Board action at this time. McGrath noted that concerns could arise with the construction of a municipal parking lot, but stated his interest in dealing with the sign bylaw before dealing with the parking requirements.
ACTION: No further action is required of the Planning Board on this issue at this time.
REGULATING FORMULA BUSINESSES
Meservey noted a need to define formula businesses and how the town should deal with the issue and give guidance to the Zoning Bylaw Task Force on how to proceed in protecting the character of Orleans. Meservey stated there are approximately 40 formula based businesses in town (some are franchises) and noted that other towns are dealing with this issue (usually restaurants and retail uses) in various ways such as limiting them by district, by size, by number of formula businesses allowed in town, or by establishing an overlay district. Meservey noted that the intent is not to cause businesses to become non-conforming. Meservey suggested that the Planning Board review the growth potential of the business district and the vision statement of the town and determine the type of character Orleans
wants to maintain. The Planning Board reviewed formula business bylaws from other towns such as Nantucket, Massachusetts, Portland, Maine and Ogunquit, Maine. McGrath questioned whether Nantucket’s success with a formula based business bylaw for the downtown was successful due to their designation on the National Registry of Historic Places.
The Planning Board discussed what types of formula business restrictions would be most valuable to implement and the zoning districts that should be considered for the restrictions. Planning Board members discussed the desirability of creating an overlay district. Fallender noted that formula businesses do not necessarily benefit the town. Planning Board members agreed on the importance of business community input before a bylaw gets to a public hearing stage. McGrath noted that there would need to be justification for an overlay district designation and the Planning Board has a responsibility to the Orleans Comprehensive Plan to address this issue. It was noted that this is a policy making decision and needs more input from the Planning Department before it can be reviewed by the
Planning Board.
Wilkinson left the Planning Board meeting at this point.
McKusick suggested focusing on one type of business at this time such as restaurants and obtain a description of what a formula restaurant is and its implications on the community. Ostman suggested holding a working session with the business community to maintain a balance between residential, tourist and business aspects of Orleans. Ostman noted the importance of addressing the needs of various population group and the demographics. Fallender questioned the number of restaurants Orleans needs to sustain itself and noted the necessity of looking at the size and mix of restaurants.
McGrath noted that the Planning Board has been looking for funding to support a market analysis in order for the Planning Board to be able to guide the type and size of businesses in Orleans. A suggestion was made that the marketplace currently self-regulates itself. A question was raised whether real estate offices would be considered as formula businesses.
OLD BUSINESS
Drainage on Old Timer’s Lane
Meservey updated the Planning Board on a drainage issue on Old Timer’s Lane after a lot release was granted on Paradise Lane without requiring a road plan and profile. Meservey noted that the developer constructed an 18’wide road with hardening as required which resulted in water draining onto a neighboring property. Meservey informed the Planning Board that one remaining lot has not been released and might be an opportunity to require a correction to the drainage issue when a release of the final lot is requested. The Planning Board discussed whether there is a need for a formal adequate drainage requirement for developers to follow.
NEW BUSINESS
Environmental Notification Filing for Daniels Recycling
Meservey informed the Planning Board that an Environmental Notification Filing has been received by the Orleans for the expansion of the wood waste and construction debris component of the Daniels Recycling Company on 29 Giddiah Hill Road. Meservey stated that the proposal is to expand from 50 tons C & D and 40 tons of wood waste for a total of 250 tons per day of material which triples the total amount, or five times the potential C & D on a daily basis. The following concerns have been expressed on this project: noise, dust, contamination, impacts on residential property on the other side of Finlay Road, additional truck traffic, and wear and tear by large trucks on the road base. The Daniels Environmental Notification Filing application states that this project is consistent with the Orleans
Comprehensive Plan, although that would need to be reviewed by the Orleans Planning Board. Meservey acknowledged that the town has a goal to manage solid waste and improve its recycling percentage and noted that this is not traditional recycling, but it industrial recycling. Meservey stated that since its
inception in 2003 there have been a handful of complaints to the Board of Health (two regarding dust and misting) and no complaints have been received by the Building Department. Meservey noted that this is an allowed use in the Industrial District.
Meservey explained the process as follows:
- The Planning Board has 30 days to comment on the Environmental Notification Filing.
- The Executive Office of Energy and the Environment will make a finding on the project’s negative or positive aspects.
- The Board of Health would be asked to amend the site assignment.
- There will be a full public hearing with a hearing officer.
- The Cape Cod Commission would have to modify a pre-existing exemption after making a decision whether this would be reviewed as a minor modification of the exemption or a major modification with the full review such as a typical Development of Regional Impact with public hearings.
- Site Plan Review Committee review would be required.
- The Architectural Review Committee does not deal with projects in the Industrial District.
- Zoning Board of Appeals review would not be required because it has previously been determined by them to be an allowed use in the Industrial District, primarily due to the fact that under state law, towns cannot unduly restrict solid waste recycling activities.
APPROVAL OF MINUTES: September 11, 2007
MOTION: On a motion by Paul O'Connor, seconded by Kenneth McKusick, the Board voted to approve the minutes of September 11, 2007.
VOTE: 3-0-2 The motion passed by a majority. (Ken McKusick and Sims McGrath abstained).
ADJOURNMENT
MOTION: On a motion by Kenneth McKusick, seconded by Sims McGrath, the Board voted to adjourn at 8:50 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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