ORLEANS PLANNING BOARD
August 28, 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; Associates: Gary Guzzeau; John Ostman. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller.
7:00 P.M.- SCENIC ROAD - TREE PUBLIC HEARING – MARK E. CARRON – 7 AREY’S LANE
O'Connor read the legal ad into the record. The applicant, Mark Carron stated his request to remove three (3) locust trees on the property located at 7 Arey’s Lane, one of which is located within the boundary of the scenic road. Carron stated that 18 locust trees were lost in the December 2005 storm and they have planted Japanese maple trees. Carron expressed concern with the roots of the locust trees interfering with underground utilities. Dan Connolly (Tree Warden) stated that locust trees are invasive species and this request is consistent with the Orleans Tree Department objective to remove hazardous trees. Connolly noted that it is the responsibility of the applicant to arrange for the cutting and removal of the trees.
MOTION: On a motion by Ken McKusick, seconded by Paul O'Connor, the Board voted to approve the request for the removal of three (3) locust trees by Mark E. Carron on property located at 7 Arey’s Lane
VOTE: 5-0-0 The motion passed unanimously.
PRELIMINARY SUBDIVISION PLAN – SUZANNE SMITH DEAN - 23 DUCK FARM LANE
Wilkinson recused himself as a Trustee of the Orleans Conservation Trust which is an abutter to this property. Fallender requested that, John Ostman vote as a regular member on this matter in Wilkinson’s absence.
Phillip Scholomiti (Ryder & Wilcox) and David Haig (Haig’s Home Builders) presented the application for a Preliminary Subdivision plan for Suzanne Smith Dean for a proposed 2-lot subdivision of land-courted property located at 23 Duck Farm Lane. Scholomiti noted that the property is located in the Residential District with frontage provided on a paper road known as Whydah Lane. Scholomiti noted that this would be the creation of Lots 1A and 1B with increased frontage along Whydah Lane and would allow for a second dwelling at the center of Lot 1A which is intended for conveyance. Scholomiti stated that the existing total parcel falls under a grandfathering clause since it was created prior to 1982. Both of the lots meet the shape factor, with calculations of less than 22. Lot 1A
contains over 40,000 square feet with frontage on Whydah Lane with a proposal for a 12’ wide driveway for the second lot. Scholomiti stated he met with Deputy Fire Chief, William Quinn and discussed emergency vehicle access and fire safety issues. Scholomiti stated that the Preliminary Subdivision plan shows the proposed drainage ditch for on-site drainage and the calculations will be provided on the Definitive Subdivision Plan. Scholomiti described Lot 1B as a large panhandle lot with 30’ of frontage along Whyah Lane, with an existing access easement and a gravel driveway to Duck Farm Lane which the applicant would like to retain.
Meservey referred to a memorandum from the Planning Department dated August 23, 2007 for Town department comments and noted that a letter was received from the Water Department dated August 27, 2007 which states the following: “This subdivision will require the installation of an 8” water main & fire hydrant to the end of the cul-de-sac. The service to the existing house would need to be relocated so as to not go through the new lot – 1A. The final plan should show all other utilities. There may be other conflicts”. Meservey suggested that the applicant work closely with the Orleans Water Department to meet all of their requirements before filing a Definitive Subdivision plan.
Meservey noted that this application would require a waiver from the minimum frontage requirements and it should be noted that the panhandle lot will be limited to one single family home. The applicant will need to provide a complete list of waivers for the Definitive Subdivision Plan filing. Meservey noted that the usual request for the consideration of a common driveway in this type of subdivision does not apply and therefore would not be required for this subdivision application. Haig stated that Town water is currently available on Smith Neck Road. Scholomiti noted that Deputy Quinn had a preference for a 16’ high x 16’ wide clearing for emergency vehicle access. The Planning Board agreed to request a written statement from the Fire Department detailing its
requirements for this subdivision as part of the Definitive Subdivision filing. McGrath stated that the Board of Health will want to see the existing septic system location as part of the Definitive Subdivision filing.
McGrath responded to Scholomiti’s comment about the applicant having the ability to “build by right”, but McGrath noted there is now a sunset clause for this type of development in Orleans. McGrath noted that it would be in the public interest to waive the frontage requirements, create the panhandle lot to allow for the dwellings to be on separate lots. The new plan of record will preclude further development.
MOTION: On a motion by Sims McGrath, seconded by Ken McKusick, the Board voted to approve the Preliminary Subdivision Plan prepared for Suzanne Smith Dean for property located at 23 Duck Farm Lane, scale 1” = 40’, dated August 13, 2007, prepared by Ryder & Wilcox, Inc., subject to the following conditions:
- All access easements, if any, should be shown on the Definitive Plan
- Town water must be made available to each lot in the subdivision.
- Any Board of Health conditions shall be met at the time of the Definitive Plan filing.
- The septic system must be shown as part of the Definitive Subdivision Plan filing.
- Fire Department should address emergency and equipment access issues to Lots 1A and 1B as part of the Definitive Subdivision Plan filing.
VOTE: 5-0-0 The motion passed unanimously. John Ostman voted as a regular member.
STIX DEFINITIVE PLAN – KENRICK ROAD - RE-AUTHORIZATION OF ORIGINAL MAINTENANCE AGREEMENT AND STATEMENT OF CONDITIONS
Meservey reported the following background information on the subdivision plan of land for the Stix family in the Pah Wah Point Conservation area which was approved 1991, but was never recorded.
In 1991, the Planning Board approved a Definitive Plan for a 2 lot subdivision for the Stix family.~ The property abuts the Paw Wah Point conservation area, and in fact has a right-of-way that runs through the conservation property.~ The Stix family agreed to donate the right-of-way to the Town, but the conveyance was never completed after the approval of the plan.~
On February 13, 2007, the Planning Board approved a motion to inform the Town Clerk that there have been no changes to the plan since 1991.~ An additional issue has been raised by the Land Court, which requires the originals of the Statement of Conditions and the Maintenance Agreement that were executed in 1991.~ Copies of the originals have been obtained, and it is requested that the Planning Board issue new originals of the documents that will be acceptable to the Land Court for recording.~ The Statement of Conditions requires Planning Board signatures, while the Maintenance Agreement is signed by the property owners.~
The original approval did not require a Covenant, but had four conditions which have been met, along with a separate agreement to maintain the right-of-way in a passable condition.
The Board set forth the following for the record:
MOTION: On a motion by Ken McKusick, seconded by Sims McGrath, the Board voted to re-authorize the original copies of the Statement of Conditions and Maintenance Agreement for the Definitive Plan of John Stix, David Stix, and Jill Stix, dated June 3, 1991, revised July 5, 1991 and note the following Findings of Fact:
Findings of Fact:
- On July 9, 1991, the Planning Board approved a Definitive subdivision plan of land
owned by John Stix, David Stix, and Jill Stix prepared by Peter W. Soule and dated June
3, 1991, revised July 5, 1991, and showing 2 building lots.
- The Definitive Plan, Statement of Conditions, and Maintenance Agreement were not
recorded after approval.
- Originals of the Statement of Conditions and Maintenance Agreement have been lost, but
the Planning Board files contain copies of both documents.~
- There have been no substantive changes to the plan or supporting documents since the original approval.
VOTE: 5-0-0 The motion passed unanimously.
NEW BUSINESS
Eli Rogers Road
Jim Hadley (Chairman of the Historical Commission) gave a history of a court case involving land referred to as “Sipson’s Purchase” including a decision affecting the use of a private road known as Eli Rogers Road to access future Brewster subdivisions and the right for landowners to use abutting properties for access in perpetuity. Hadley stated that the recent court decision could affect many property owners in the towns of Harwich, Brewster and a substantial portion of Orleans including the watershed and would necessitate the need for traffic lights and intersection improvements in South Orleans. Hadley stated that at least one affected property has a dwelling which is listed on the National Register of Historic Places and would have to be approved by the Cape Cod Commission. Hadley
stated his opinion that the Town of Orleans should appeal the court decision in conjunction with the Historical Commission and allocate funding through the Board of Selectmen for the preparation of an Amicus Brief, otherwise future planning for South Orleans will be done through the court process, not through the Planning Board.
In response to questions from the Planning Board on the potential impact of subdivisions in other towns on Orleans, Meservey stated that he has spoken with Town Counsel and both agree that access requirements for subdivisions have changed through the years and the Planning Board could approve or disapprove any subdivision activities using Orleans public or private roads. The Planning Board agreed that the town should be aware of the concerns voiced by the property owners on Eli Rogers Road. The Planning Board agreed to ask Town Counsel for a written statement for Planning Board review. McGrath noted that property owners have the “right of quiet enjoyment”.
ACTION: The Planning Board Chairman will to consult with Town Counsel regarding the scope and
nature of the problem, and have the Planning Department research the implications to Orleans as well as determine how the towns of Harwich and Brewster will address the issues raised by the court decision.
ENDORSEMENT OF MYLAR FOR THE DEFINITIVE SUBDIVISION PLAN FOR DOUGLAS NICKERSON - 110 BEACH ROAD
Meservey stated that there have been no appeals and the Town Clerk has signed the Definitive Subdivision Plan Mylar for Douglas Nickerson, for property located at 110 Beach Road, prepared by FELCO, Inc., scale 1” = 40’, dated January 3, 2007 and revised July 16, 2007 and the Planning Board signed the plan.
OLD BUSINESS
Nitrogen Loading Regulations
The Planning Board discussed a Planning Department memorandum dated August 23, 2007 on the assessment of the impacts that the proposed Nitrogen Regulations would have on development in the business districts. The basic requirement of the regulations limits sewage flow to no greater than 440 gallons per 40,000 square feet of land area per day which would be the equivalent of 4 bedrooms per acre for residential dwellings. The Planning Board noted the buildout analysis compiled by the Planning Department which is being used in the development of the town-wide Comprehensive Wastewater Management Plan. McGrath praised the analysis and stated that it will be a great amount of help for the Board of Health. The Planning Board discussed the impacts of the nitrogen loading regulations on various districts in
town and made the following motions:
Village Center District
MOTION: On a motion by Seth Wilkinson, seconded by Ken McKusick, the Board voted to concur with Planning Director’s report to exempt the Village Center District from the Nitrogen Loading Regulations.
VOTE: 5-0-0 The motion passed unanimously.
General Business District
MOTION: On a motion by Seth Wilkinson, seconded by Ken McKusick, the Board voted to concur with Planning Director’s report to exempt the General Business District from the Nitrogen Loading Regulations, but multi-family under §164-31 should not be exempted.
VOTE: 4-1-0 The motion passed by a majority. (Paul O'Connor voted against the motion).
Limited Business District
MOTION: On a motion by Sims McGrath, seconded by Ken McKusick, the Board voted to concur with Planning Director’s report not to exempt the Limited Business District from the Nitrogen Loading Regulations.
VOTE: 5-0-0 The motion passed unanimously.
Industrial District
MOTION: On a motion by Sims McGrath, seconded by Ken McKusick, the Board voted to concur with Planning Director’s report to exempt the Industrial District from the Nitrogen Loading Regulations.
VOTE: 5-0-0 The motion passed unanimously.
ACTION: The Planning Board Chairman asked the Planning Director to draft a memorandum to the
Board of Health with the Planning Board’s recommendations.
Village Center Constraints Matrix
The Planning Board discussed the following two Village Center “constraints matrix” to determine the constraints and regulatory limitations on the Village Center District and noted that it is consistent with the Town’s Vision Statement in the Orleans Comprehensive Plan:
- Impact of Constraints on Value (from Orleans Vision Statement).
- Impact of Regulatory Restraints on each Village Center objective.
ACTION: The Planning Board agreed to continue work on the Constraint matrix in order to determine
future impacts in the Village Center.
APPROVAL OF MINUTES: July 24, 2007
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Board voted to approve the minutes of July 24, 2007.
VOTE: 5-0-0 The motion passed unanimously.
ADJOURNMENT
MOTION: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Board voted to adjourn at 8:56 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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