ORLEANS PLANNING BOARD
April 10, 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: Sims McGrath; Vice-Chairman: John Fallender; Kenneth McKusick; Associates: Paul O’Connor; Gary Guzzeau. Planning Department: George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller. Absent: Clerk: Seth Wilkinson.
In the absence of regular Planning Board members, Chairman McGrath requested that the two Associate Members vote as regular members at this meeting.
7:00 P.M. - PUBLIC HEARING (CONTINUED) - DEFINITIVE SUBDIVISION - DOUGLAS NICKERSON - 110 BEACH ROAD
Meservey stated that a letter was received from the applicant requesting a continuance of the Definitive Subdivision Plan for Douglas Nickerson for property located at 110 Beach Road to the Planning Board meeting on May 22, 2007.
MOTION TO CONTINUE: On a motion by John Fallender, seconded by Paul O'Connor, the Board voted to authorize the Planning Board Chairman to sign the Extension Agreement for Final Action submitted by FELCO, Inc. for the Definitive Subdivision plan for Douglas Nickerson for property located at 110 Beach Road, dated April 5, 2007 and continue final action on the Definitive Subdivision Plan for 110 Beach Road to May 22, 2007 at 7:30 p.m.
VOTE: 5-0-0 The motion passed unanimously.
7:30 P.M. – PUBLIC HEARING – DEFINITIVE SUBDIVISION – E. STEVEN ANDERSON – 55 & 57 BAKER’S POND ROAD
John Fallender read the legal ad into the record. Phillip Scholomiti (Ryder & Wilcox) was the representative for the Definitive Subdivision application for E. Steven Anderson for property located at 55 & 57 Baker’s Pond Road.
McGrath made a disclosure that he has reviewed and voted affirmatively on this application as an elected official of the Board of Health and offered to recuse himself from this discussion. Phil Scholomiti (Ryder & Wilcox) stated that he had no objections to McGrath’s continued review of this application as a representative of the Planning Board.
Phillip Scholomiti (Ryder & Wilcox) distributed revised Definitive Subdivision Plans for E. Steven Anderson for property located at 55 & 57 Baker’s Pond Road, dated March 19, 2007 creating two lots to be known as Lot 1A and Lot 1B in the Rural Business District. A portion of this property is Land Court property. This subdivision was previously reviewed and conditionally approved by the Planning Board as a Preliminary Subdivision Plan on October 10, 2006. Lot 1A has adequate frontage on Baker’s Pond Road and Lot 1B has 30’ of frontage along Baker’s Pond Road. Both lots meet the minimum lot size and shape factor. The revised plan was a response to Board of Health review regarding the septic location and setback requirements. Access to Lot 1B will be
provided via Lot 1A and other property owned by Anderson.
Meservey noted that this application was approved at the Preliminary stage with discussions on site distance concerns onto Baker’s Pond Road. Town water should be provided to all lots.
FINDING OF FACT:
This parcel has the right to a second dwelling due to its current size regardless of whether the Definitive Subdivision plan is approved and the Definitive process allows the town to better manage traffic safety.
MOTION TO GRANT WAIVERS: On a motion by Ken McKusick, seconded by John Fallender, the Board voted to waive the Frontage requirement of the Orleans Zoning Bylaw for the creation of one panhandle lot for the Definitive Subdivision Plan for E. Steven Anderson for property located at 55 & 57 Baker’s Pond Road, dated February 14, 2007 revised March 19, 2007, scale 1” = 30’ by Ryder & Wilcox, Inc.
VOTE: 5-0-0 The motion passed unanimously.
MOTION TO APPROVE: On a motion by Ken McKusick, seconded by John Fallender, the Board voted to approve the Definitive Subdivision Plan prepared for E. Steven Anderson for property located at 55 & 57 Baker’s Pond Road, dated February 14, 2007 and revised March 19, 2007, scale 1” = 30’ by Ryder & Wilcox, subject to the following conditions:
- Access to lot 1B be made via a new curb cut and gravel drive as shown on the Plan and Profile dated March 2, 2007.
- All Board of Health conditions shall be met.
- No underground utilities other than Town water be located within the 20’ wide water easement shown on the plan.
A restrictive covenant be executed requiring the installation of utilities including Town Water and construction of the driveway as shown on the March 2, 2007 Plan and Profile.
Town Water must be made available to each lot in the subdivision.
- Access to proposed Lot 1B should be via a new curb cut to the north of # 57 Baker’s Pond Road as discussed at the site visit by the Planning Board on September 26, 2006 and illustrated on the topographical revised plan dated October 10, 2006. Driveway shall intersect with Baker’s Pond Road at a 90 degree angle or as close as possible.
- Driveway surface, plan and profile must meet Water Department approval. Any work in the 20’ water easement can not change the grade of the natural topography. The driveway surface must be gravel as proposed on the Plan and Profile dated March 2, 2007. No underground utilities other than water shall be located within the 20’ town water easement.
VOTE: 5-0-0 The motion passed unanimously.
MOTION REGARDING LAND COURT PLAN: On a motion by Paul O'Connor, seconded by Ken McKusick, the Board voted to approve the Land Court Plan # 42385-A for the Definitive Subdivision Plan prepared for E. Steven Anderson for property located at 55 & 57 Baker’s Pond Road, dated February 14, 2007 and revised March 19, 2007, scale 1” = 30’ by Ryder & Wilcox, Inc.
VOTE: 5-0-0 The motion passed unanimously.
ZONING BYLAW AMENDMENTS UPDATE
The Planning Board discussed each of the zoning bylaw amendment to be presented as Town Meeting warrant articles and made decisions regarding the presentation of each article at the Annual Town Meeting in May 2007. Fallender suggested giving summaries before each of the articles for clarification.
CONSENSUS: The Planning Board discussed §164-32.1.b and a consensus of the Planning Board was that detached cottages on commercial lots would require Architectural Review Committee review. The Planning Board directed Meservey to convey this opinion to the Building Commissioner.
ORLEANS COMPREHENSIVE PLAN CERTIFICATION PROCESS
Meservey reported that the Planning Commission of the Cape Cod Commission has given unconditional certification of the Orleans Comprehensive Plan which will be presented on April 19, 2007 to the full Commission.
PLANNER’S REPORT
General Bylaw Review
Meservey reported that the Zoning Bylaw Task Force will be reviewing the town’s general bylaws as required every seven years as requested by the Board of Selectmen.
Recent Commercial Site Plans
Meservey gave a report on current Site Plan Review Committee commercial site plan proposals that are under review.
OLD BUSINESS
COMPLETE RELEASE OF COVENANT - RALPH & SHERRY BOAS - SONGBIRD CIRCLE
Meservey reported that the Planning Department has received a request from Ralph Boas for a Complete Release of Covenant for Songbird Circle and noted that all conditions on the subdivision have been met.
MOTION: On a motion by John Fallender, seconded by Paul O'Connor, the Board voted to authorize the Planning Board Chairman to sign the Complete Release of Covenant for Ralph & Sherry Boas for a subdivision located on Songbird Circle.
VOTE: 5-0-0 The motion passed unanimously.
NEW BUSINESS
Cancel May 8, 2007 Planning Board meeting.
MOTION: On a motion by Paul O'Connor, seconded by Gary Guzzeau, the Board voted to cancel the Planning Board meeting on May 8, 2007 due to a possible conflict with the Annual Town Meeting.
VOTE: 5-0-0 The motion passed unanimously.
APPROVAL OF MINUTES: March 27, 2007
MOTION: On a motion by John Fallender, seconded by Gary Guzzeau, the Board voted to approve the minutes of March 27, 2007.
VOTE: 3-0-2 The motion passed by a majority. (Ken McKusick and Paul O'Connor abstained).
ADJOURNMENT
MOTION: On a motion by Paul O'Connor, seconded by Gary Guzzeau, the Board voted to adjourn at 8:42 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Seth Wilkinson, Clerk)
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