ORLEANS PLANNING BOARD
September 11, 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; Associates: Gary Guzzeau; John Ostman. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Absent: Vice-Chairman: Seth Wilkinson; Sims McGrath; Kenneth McKusick; Board of Selectmen Liaison: Jon Fuller.
In the absence of three regular Planning Board members, Fallender requested that John Ostman and Gary Guzzeau to vote at this meeting as regular members.
MAY 2008 POTENTIAL ZONING AMENDMENTS
Meservey presented the Planning Board will a list of potential zoning amendments and requested that the Planning Board determine which issues would be appropriate for review by the Zoning Bylaw Task Force for consideration by town voters in May 2008.
- National Seashore Boundary Inconsistency with Orleans Zoning Map.
Meservey stated that the boundaries of the National Seashore are not consistent with the Orleans Zoning map and suggested that the Planning Board forward this issue to the Zoning Bylaw Task Force for review and recommendations on appropriate changes to the Orleans Zoning Map.
ACTION: There was a consensus of the Planning Board to forward this issue to the Zoning Bylaw Task Force for further review and recommendations.
Meservey stated there are concerns with the affect formula style businesses could have in eroding the character of towns and noted that other municipalities have adopted regulations to deal with formula style businesses in order to maintain the character of towns. Meservey stated an example of a definition of a formula business on Nantucket includes businesses having 14 or more franchises.
ACTION: There was a consensus of the Planning Board to forward this issue to the Zoning Bylaw Task Force for further review and recommendations.
Meservey stated that the Building Inspector needs the ability to require recordable documents in order to adequately regulate the use of structures to avoid structures being illegally converted for residential dwelling use after building permits are issued such as accessory buildings like pool houses or garages. Meservey stated this would give the Building Inspector new authority to deal with unlawful uses of structures.
ACTION: There was a consensus of the Planning Board to forward this issue to the Zoning Bylaw Task Force for further review and recommendations.
- Amount of business space allowed in Rural Business District §164-13, footnote 2.
Meservey noted that the reduction in residential density in the Rural Business District could allow consideration of larger businesses in the Rural Business Districts which are currently limited to 1,500 square feet.
ACTION: There was a consensus of the Planning Board to forward this issue to the Zoning Bylaw Task Force for further review and recommendations.
- Nitrogen Loading Interim Regulations
Meservey reported that the Board of Health is in the process of creating Nitrogen Loading Regulations and will hold public hearings when the regulations are finalized.
ACTION: There was a consensus of the Planning Board that no further action needs to be taken on this issue.
- Large Single Family Homes
Meservey stated that concerns have been raised about overly large homes being built in inappropriate areas of town and noted that in the past the Planning Board has determined that 15% lot coverage (which would allow a 6,000 square foot home on a 40,000 square foot lot) is adequate. Meservey noted that large homes have been allowed through the Special Permit process and stated that many houses in town are non-conforming.
ACTION: There was a consensus of the Planning Board to forward this issue to the Zoning Bylaw Task Force for further review and recommendations.
- Accessory Apartments in Panhandle Lots
Meservey stated that there has been confusion regarding whether accessory apartments are allowed on panhandle lots which are currently limited to one single-family dwelling under the Zoning Bylaws and stated that further restriction of accessory apartments would require an amendment to §164-22.A.5.
ACTION: There was a consensus of the Planning Board to forward this issue to the Zoning Bylaw Task Force for further review and recommendations.
Meservey stated that the Pleasant Bay Alliance is in the process of developing a grant application for funding to study town-wide lawn fertilization and regional effects of nitrogen loading on local bodies of water.
ACTION: There was a consensus of the Planning Board to forward this issue to the Zoning Bylaw Task Force for further review and recommendations.
- Clarification of Zoning terms: “ Upland”, “Contiguous Upland”, “Buildable Upland”, “Area Above Conservancy”
Meservey stated that the terms “Upland”, “Contiguous Upland”, “Buildable Upland”, and “Area above Conservancy” are inconsistent in the Zoning Bylaws and need clarification in order to avoid confusion.
ACTION: There was a consensus of the Planning Board that further study needs to be done on this issue before it is considered for town meeting action.
Meservey stated the need for a town-wide study of required parking for businesses in town and noted the interconnection article that was voted on at town meeting can be used for overflow as well as to eliminate the need for vehicles to use roads to travel between connecting business parking areas.
ACTION: There was a consensus of the Planning Board that no further Planning Board action is required on this issue.
OLD BUSINESS
Eli Rogers Road
Fallender stated that a joint meeting was held with Town Counsel regarding the recent court decision on the Sipson’s Purchase and the effect on Eli Rogers Road and the surrounding South Orleans area and stated that the Planning Board will be updated as information becomes available from Town Counsel in order for the Planning Board to determine any necessary future action.
Village Center Planning
Meservey stated that the Planning Department will need professional help on a landscape design for the Village Center Plan and would like to request funds for a landscaping plan since the Village Center plan does not have any appropriated funding on the Capital Plan in the near future. The Planning Board discussed each of the categories on the Village Center constraints matrix and made recommendations for future discussion.
NEW BUSINESS
Lots Hollow Road Relocation
Meservey reported that construction is due to commence this fall on the Lots Hollow Road relocation onto the NSTAR easement to Eldredge Park Way anticipated to be completed by Memorial Day 2008. Meservey stated that PWED (Public Works & Economic Development) grant funds are being used for this project with no town funding required.
Finlay Road / Route 28 Intersection Improvements
Meservey reported that only one responsible bid was received by Mass Highway for the realignment of the intersection of Finlay Road and Route 28 and the project has not been awarded yet, but it is anticipated that work will proceed soon. A conduit will be installed under the road to accommodate any future intersection traffic light fixture, improved drainage will be provided around Crystal Lake and site lines will be corrected.
Skaket Beach Culvert
Meservey reported that external funds have been provided for environmental improvement to a marsh near Skaket Beach.
Route 39
Meservey reported that repaving construction work will go out to bid and will proceed after the contract is awarded.
Local Transportation Center
Meservey stated that an externally funded study is underway of sites for the construction and placement of an 1,100 square foot transportation center in Orleans with moderate support services by the Chamber of Commerce and parking spaces for 30 vehicles to coordinate various bus services. Fallender stated that there are four possible locations for the building.
CORRESPONDENCE
Nitrogen Control Regulations
Fallender reported that a letter of support has been forwarded to the Board of Health with Planning Board recommendations for the Nitrogen Loading Regulations.
Citizen Planner Training Collaborative
The Planning Board discussed the Citizen’s Planner Training Collaborative seminars sponsored by the Massachusetts Department of Housing and Community Development and the following people agreed to attend workshops on Friday, November 9, 2007 at the Harwich Community Center: John Fallender,
Paul O'Connor, and John Ostman as well as any other Planning Board members who were absent from this meeting.
APPROVAL OF MINUTES: August 28, 2007
MOTION: On a motion by Paul O'Connor, seconded by Gary Guzzeau, the Board voted to approve the minutes of August 28, 2007.
VOTE: 4-0-0 The motion passed unanimously.
ADJOURNMENT
The meeting was adjourned at 8:17 p.m.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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