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Planning Board Minutes 07/24/2007
ORLEANS PLANNING BOARD
July 24, 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 and John Ostman.  Planning Department:  John Jannell.  Also Present:  Board of Selectmen Liaison:  Jon Fuller.  


DEFINITIVE SUBDIVISION PUBLIC HEARING (CONTINUED) - DOUGLAS NICKERSON - 110 BEACH ROAD

Fallender requested that the previous Chairman, McGrath chair the continuation of the public hearing for Douglas Nickerson for property located at 110 Beach Road.  McKusick recused himself on the basis that he was not present for previous public hearings on this Definitive subdivision.  Fallender requested that Associate Guzzeau vote in place of Regular member McKusick.

John Demerest (FELCO Land Surveyor) read a letter into the record that stated that the site development plan for Douglas Nickerson was approved on July 3, 2007 by the Conservation Commission noting their approval for the use of the panhandle as access to the property.  Demerest further noted that the revised subdivision plan shows the proposed access easement has been widened to 20 feet and a common driveway with an existing curb cut for both lots as shown by the access and utility easement.  The applicant has requested a waiver of frontage on Lot 2.  

Planning Department Comments:

Jannell noted the following items:

  • The applicant has demonstrated viable access over the panhandle to the rear lot.  
  • Working with the Conservation Commission, the applicant has defined a building area on the rear lot for a proposed dwelling.  
  • The applicant has provided shared access to both lots over Lot 1.  
  • The Board of Health voted to approve this subdivision on February 21,2007 with the following three (3) conditions:
  • Board of Health approval of this subdivision plan in not to be construed as an approval of Lot # 2 as being a buildable lot or as a Board of Health endorsement that a septic system can be constructed on Lot #2 in compliance with State and Local Regulations
  • If Lot # 2 is to be developed, the proponent of the development must appear before the Board of Health for its approval of the sewage disposal system.  All of the requirements of Title 5 and the Orleans Board of Health Regulations for Subsurface Sewage Disposal must be met for the development of the lot.  No variances will be granted for the design and construction of a sewage disposal system to serve this lot.
  • Per the requirements of Title 5, the septic system serving the existing dwelling on proposed Lot # 1 must be inspected.  If it is determined that the septic system consists of cesspools or otherwise fails the inspection, the septic system must be upgraded to meet the requirements of Title 5 and the Orleans Board of Health Subsurface Sewage Disposal regulations.
Planning Board Discussion

During a discussion of the proposed septic system, McGrath noted that he is an elected member of the Board of Health and stated that the proposed location of the septic system in the panhandle was discussed by the Board of Health and their concern was that the public health is adequately protected and septic systems must be positioned in a manner that will maximize the potential for lots to hook-up for future wastewater disposal.  McGrath stated that even though the location of the septic system within the panhandle seems to meet the all of the general criteria, McGrath noted that the Board of Health has not approved a septic system on this parcel.  

During a discussion of the existing driveway, Jannell responded that on the road plan and profile the existing gravel driveway is ten (10) feet and the easement to the rear lot (known as Lot #2) has a twelve (12) foot proposed gravel surface which meets the regulations.    

McKusick questioned the sight distance onto Beach Road from the panhandle and it was noted that a curb cut request could be denied by the Highway Manager if it was determined that the sight distance was inadequate.  McKusick requested clarification of the rules used to determine the adequacy of panhandles for future subdivision deliberations.    

A discussion of wetland vegetation revealed that the Conservation Commission reviewed this application thoroughly and has issued an order of conditions.  

MOTION TO APPROVE:  On a motion by John Fallender, seconded by Paul O'Connor, the Board voted to approve the Definitive Subdivision Plan 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, showing two lots, with the following conditions:

  • Access to both lots shall be via the existing driveway as shown on the plan.  There shall be no access to Lot 2 from the panhandle.
  • A Covenant shall be executed for the completion of access improvements prior to the release of the lots.
  • The Board of Health regulations detailed in a letter from the Orleans Board of Health dated February 21, 2007 be met and included in the Covenant.    
VOTE:  4-0-1     Sims McGrath noted that the motion passed by a majority consisting of the following
                        members:  Sims McGrath, John Fallender, Paul O'Connor and Gary Guzzeau.  
(Seth Wilkinson abstained).


Fallender resumed as Chairman for the remainder of the Planning Board meeting and McKusick resumed voting as a regular member.   ENDORSE DEFINITIVE - E. STEVEN ANDERSON - 55 & 57 BAKER’S POND ROAD

Phil Scholomiti (Ryder & Wilcox) with a plan for E. Steven Anderson for property located at 55 & 57 Baker’s Pond Road which was approved by the Orleans Planning Board on April 11, 2007 and no appeals have been filed with the Orleans Town Clerk’s office.  Jannell noted that an executed Covenant for this subdivision was delivered to the Planning Department.  The Planning Board endorsed the Mylar for the subdivision located at 55 & 57 Baker’s Pond Road.  


APPROVAL NOT REQUIRED - WILLIAM P. DOUGHERTY - 39 ROUTE 39

Phil Scholomiti (Ryder & Wilcox) presented the Approval Not Required application for William P. Dougherty for the creation of two lots (Lots 1 & 2) on property located in the Residential zone at 39 Route 39 {on the south side of the road and east of the Brewster line} in Groundwater Protection District 2.  Scholomiti noted that each lot contains adequate frontage on a public way (Lot 1 has frontage on the town way known as Lowell Drive and Lot 2 has frontage on Route 39 {also known as Harwich Road}).  Scholomiti stated that each lot has in excess of 40,000 square feet of buildable upland and they satisfy all zoning requirements and shape factor calculations (of less than 22) have been provided for each lot on the plan.  McGrath stated a preference for the access to Lot 1 to be off Lowell Drive rather than Route 39 and Scholomiti responded that the applicant has maintained an easement over Route 39 for the existing garage and for future access will be located on the driveway off Lowell Drive.  The Planning Board agreed that this application meets all of the requirements of an Approval Not Required plan.  

MOTION:  On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for William P. Dougherty, dated July 19, 2007, scale 1” = 30’, by Ryder & Wilcox, Inc.  

VOTE:  5-0-0   The motion passed unanimously.  


OLD BUSINESS

Village Center - Constraints to Development

The Planning Board discussed matrixes of board member opinions on various constraints to development in the Orleans Village Center.  There was a consensus of the board that the data input should be studied at different times of the year (i.e. off season vs. peak season) in order to more accurately determine what the variables are and how they could constrain development in the Village Center.  Planning Board members agreed that community input is vital to the success of a Village Center plan.  Planning Board members agreed that more review needs to be done on the matrixes and further review by the Planning Board.  


Draft Nitrogen Loading Regulations

Fallender noted the joint meeting the Planning Board attended with the Wastewater Management Steering Committee and the Board of Health regarding draft nitrogen loading regulations for the Town of Orleans and indicated that it was a very productive meeting.  As a result of that meeting, the Planning Board was asked to discuss Section 5.2 in the Applicability chapter which is written as follows:

  • The following projects are exempt from the provisions of this regulation:
  • Properties located within the Village Center District as currently defined by the Orleans Zoning Map.
  • Properties located within the General Business District as currently defined by the Orleans Zoning Map.  

McGrath explained that the Board of Health recognizes that they have only partially completed the draft of the Nitrogen Loading Regulations and have solicited input from other relevant boards and committees in order to incorporate all of the necessary conditions.  McGrath stated one of the reasons for exempting the Village Center District from the regulation was due to the fact that the Board of Health did not want the regulations to be an undue constraint on the growth of workforce housing in the Village Center in keeping with recent zoning bylaw changes approved by Town Meeting.  McGrath noted that when it comes to implementing a wastewater management plan, the collection and treatment of wastewater from the Village Center District and the General Business District surrounding the Village Center is the easiest to collect, using the least amount of infrastructure to collect the largest volume of wastewater.  McGrath noted that it would be unfair and impractical to expect a commercial enterprise (such as a restaurant) to operate at the same amount of wastewater generation as a residence (440 gallons per 40,000 square feet).  The Planning Board discussed the fact that the biggest growth concern in town is in the residence districts and would be the biggest wastewater contributors.  Wilkinson questioned whether both the Village Center District and General Business Districts should be included in the proposed exemption.  The Planning Board discussed the possibility of having different ratios for wastewater generation for the Commercial District and Industrial District, since it could affect the building of worker housing.  

ACTION:  The Planning Board requested a detailed analysis from the Planning Department staff of the impacts the proposed Nitrogen Loading Regulations would have on the business districts.


NEW BUSINESS

Planning Board Representative to the Community Preservation Committee

MOTION:  On a motion by Kenneth McKusick, seconded by Paul O'Connor, the Board voted to nominate John Ostman as the Planning Board’s representative to the Community Preservation Committee.  

VOTE:  5-0-0    The motion passed unanimously.  


APPROVAL OF MINUTES:  June 12, 2007

MOTION: On a motion by Paul O'Connor, seconded by Kenneth McKusick, the Board voted to approve the minutes of June 12, 2007.

VOTE:  5-0-0    The motion passed unanimously.  


APPROVAL OF MINUTES:  June 26, 2007

MOTION: On a motion by Kenneth McKusick, seconded by Sims McGrath, the Board voted to approve the minutes of June 26, 2007.

VOTE:  5-0-0    The motion passed unanimously.  

 
ADJOURNMENT

On a roll call of members, the Planning Board voted to adjourn at 8:55 p.m.




SIGNED: ______________________________  DATE: _______________________
                       (Paul O'Connor, Clerk)