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Planning Board Minutes 03/27/2007
ORLEANS PLANNING BOARD
March 27, 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; Clerk:  Seth Wilkinson; Associate: Gary Guzzeau.  Planning Department: George Meservey; Secretary:  Karen Sharpless.  Also Present:  Board of Selectmen Liaison:  Jon Fuller.  Absent:  Associate: Paul O’Connor; Kenneth McKusick.

In the absence of regular Planning Board members, Chairman McGrath asked Gary Guzzeau to vote as a  regular member at this meeting.  


WAIVER FOR ADVANCED NOTIFICATION OF BYLAW CHANGE - TOWN OF BREWSTER

Meservey reported that the Town of Brewster has requested the Orleans Planning Board to sign a “Waiver for Advanced Notification of Bylaw Change” for 14 Zoning Bylaw amendments which were voted on at their November 2006 Special Town Meeting without the required notification to abutting towns.  The Attorney General has requested that waivers be obtained from the Planning Board from each of the abutting towns in order to properly process the zoning bylaw amendments.  Meservey stated that only the proposed Dirt Road Bylaw would have any affect on the Town of Orleans and there does not seem to be any adverse effect from that proposed zoning bylaw amendment on the Town of Orleans.  

MOTION:  On a motion by John Fallender, seconded by Seth Wilkinson, the Board voted to authorize the Planning Board Chairman to the sign the Waiver of Notification of Bylaw Change for the Town of Brewster.  

VOTE:   4-0-0       The motion passed unanimously.


OLD BUSINESS

Zoning Bylaw Amendment - Final Language Decision

The Planning Board discussed the possibility of re-advertising the proposed zoning bylaw §164-31 “Apartment Development” but it has been noted by Town Counsel that a more restrictive proposal than the one that was advertised in the legal ads would have to be advertised for another public hearing.   

MOTION TO RECONSIDER VOTE:  On a motion by Seth Wilkinson, seconded by Gary Guzzeau, the Planning Board voted to reconsider the motion from March 13, 2007 for the proposed bylaw amendment §164-31 “Apartment Development” as amended at the public hearing at the March 13, 2007 Planning Board meeting.

VOTE:   4-0-0   The motion passed unanimously.  


MOTION TO FORWARD TO WARRANT:  On a motion by Seth Wilkinson, seconded by John Fallender, the Planning Board voted to forward the proposed bylaw amendment regarding Section §164-31 “Apartment Development” as advertised for the March 13, 2007 Planning Board public hearing to the Board of Selectmen for their review and inclusion on the Annual Town Meeting warrant in May 2007.  

VOTE:   4-0-0    The motion passed unanimously.

 
NEW BUSINESS

Affordable Housing Needs Study

The Planning Board discussed a proposed housing needs study by the Community Preservation Committee and agreed to forward relevant input and questions to Meservey for presentation to the Community Preservation Committee.  

 
CORRESPONDENCE

Cape Cod Commission Public Hearing for Orleans Comprehensive Plan

The Planning Board discussed extensive comments from the Cape Cod Commission on the recent update of the Orleans Comprehensive Plan and agreed to consider them in future discussions on the plan.


APPROVAL OF MINUTES:  March 13, 2007

MOTION: On a motion by Seth Wilkinson, seconded by Gary Guzzeau, the Board voted to approve the Planning Board minutes of March 13, 2007.

VOTE:   3-0-1      The motion passed by a majority.  (John Fallender abstained).


7:30 P.M. - Public Hearing - Modification to a Definition Subdivision - Thomas & Patricia Kennedy - Tom’s Hollow Lane

Attorney Jack McCormick and Brad Malo (Coastal Engineering) presented the application for a Modification to a Definitive Subdivision for Thomas & Patricia Kennedy for Tom’s Hollow Lane.  There were ten people in attendance at this meeting.  McCormick noted that this subdivision application has been discussed informally with the Planning Board three times regarding the requirements for improving Tom’s Hollow Lane in order to subdivide properties on this road.  It was noted that the first subdivision on Tom’s Hollow Lane was approved in 1975 which a stipulation that no further subdivision be approved until Tom’s Hollow Lane is improved and meets the town’s road standards at that point in time.  The applicants want to subdivide two lots resulting in a total of four buildable lots (two vacant lots and two lots with existing buildings).  There are environmental issues (i.e. location of vernal pools and endangered wildlife) which must be addressed.  There are tensions with abutters regarding the impact of upgrading the road and increased traffic issues and still maintaining the rural character, which is consistent with the Orleans Comprehensive Plan.  McCormick indicated that discussions with the Fire Department have reiterated their requirement to maintain a 14’ cleared gravel surface which would require Planning Board waivers.  McCormick stated that the Board of Health approved the proposal with conditions on the number of bedrooms and the requirement for nitrogen treatment for the development of the new lots.  This proposal will need Conservation Commission approval including wetland delineations.  Town water would be part of the final project and the applicant would agree to work with the Orleans Water Department.    

Brad Malo (Coastal Engineering) stated that the original 1975 subdivision was submitted for six lots off a private road known as Ellerslie Road consisting of a 9-12’ wide gravel road which was regularly maintained by the lot owners using the services of a contractor.  Malo stated that the natural cross sloping will be enhanced as a part of any road improvements, including increased drainage and road runoff.  Malo stated that approximately 15-20 trees will need to be pruned and/or removed as part of the road improvement proposal.  Malo stated that the applicant agrees to work with the Orleans Water Department regarding the water main placement and all underground utilities.  

Correspondance:  

The following letters regarding the proposed subdivision were read into the record:  
  • Letter from Theresa Baybutt, in support of the subdivision proposal, dated March 16, 2007
  • Letter from Harry Hunt, III, in support of the subdivision proposal, dated March 12, 2007
  • Marc Norgeot (previous Planning Board member) in opposition, dated March 8, 2007
Planning Department Report:

McGrath made a disclosure that he is an elected member of the Orleans Board of Health and noted that he has consistently recused himself from all Board of Health debate on this subject.  

The Planning Board discussed comments from the following town departments regarding the proposed subdivision on Tom’s Hollow Lane:

  • Board of Health Comments memorandum dated March 27, 2007.  
  • Fire Department Comment letter from Captain William P. Quinn, Jr., dated June 29, 2006.
  • Fire Department Comment letter from Captain William P. Quinn, Jr., dated March 20, 2007.
  • Conservation Department comment memorandum from Jenny Wood, dated February 28, 2007.
  • Conservation Department Attachment:  Department of Environmental Protection Steve Edwards 54-1830 withdrawn without prejudice dated November 21, 2006.
  • Water Department comment memorandum from Todd O. Bunzick, dated February 26, 2007.
  • Water Department comment memorandum from Todd O. Bunzick, dated March 6, 2007.
  • Letter from Marc G. Norgeot regarding Planning Board history on Tom’s Hollow Lane subdivision requests.  
Meservey noted that the applicants have requested five waivers for the proposed subdivision on Tom’s Hollow Lane, and stated that at least five additional waivers would need to be requested for this proposal and all related issues must be addressed by the applicant and their representatives.  The Planning Board questioned whether there should be a frontage waiver requested for both Lots B and D, as Lot B seems to fit the specifications of a panhandle lot.  

The Planning Board agreed that the following must be shown on the Modification to a Definitive Plan for Tom’s Hollow Lane:
  • Lot shape calculations for all lots.  
  • All upland exclusive of the panhandle.
  • The easement over Lots C and D.
  • All wetland delineations must be determined and approved by the Conservation Commission.

Meservey noted that Tom’s Hollow Lane was originally approved in 1975 and requests have been received by the Planning Board in subsequent years for further subdivision of properties along Tom’s Hollow Lane which were denied due to the inadequacy of the road to handle the anticipated increase in traffic to the proposed lots, and a lack of adequate access for emergency vehicles on a rural country road which would require “enormous waivers from road construction”.  Meservey noted that in 1996, the Planning Board determined that the proposed 14’ road was not adequate for travel on Tom’s Hollow Lane, and it should be noted that the present applicant is requesting waivers in order to construct a 12’ wide road.  Meservey demonstrated with a map that there are currently 13 parcels served by Tom’s Hollow Road with a potential of 15 dwellings without the need for further Planning Board approval which could show a need for a 20’ wide road with berms on each side.  All utilities must be placed underground according to the zoning bylaws §192-12.  

Fallender requested a site visit with the engineer in order to clarify the issues and the need for waiver requests for Planning Board members, particularly with reference to the wetlands.  McGrath stated that any proposal for Tom’s Hollow Lane must meet the road standards for more than 10 lots.  There seem to be serious reservations from the Fire Department regarding the maneuverability of large fire equipment on this road and indicated that 12’ road size and surface may not be able to handle the emergency vehicles.  

The Planning Board discussed the need for an Environmental Analysis for this area due to wetland delineation discrepancies, vernal pool issues and endangered wildlife.  McGrath stated that all outstanding issues noted by various town departments must be addressed before the Planning Board can consider any proposals for Tom’s Hollow Lane.  Planning Board members expressed concern that a re-vegetation plan from a previous clear-cutting is not in compliance with the Conservation Commission Enforcement Orders.  

Public comments:  

Mary Lou Brier gave a history of the properties in this area and stated that they  made a Covenant with the Planning Board to limit each lot to only one house in the interest of conservation and to avoid too much traffic in this area.  

Sheldon Brier stated his opposition to the proposed subdivision on Tom’s Hollow Lane.  

Marcia Galazzi stated her opposition to the proposed subdivision on Tom’s Hollow Lane and stated people have a responsibility to protect the environment and wildlife.  Traffic has greatly increased (both in number of cars and speed) in the five years since the Kennedy’s bought their property.  An Environmental Analysis conducted at the request of abutters indicates that the removal of the trees providing shade cover causes salamanders to get sunburn and die.  The Conservation Commission concerns must be addressed.  

Beth McCartney stated her opposition to the proposed subdivision (or any further development of the area) on Tom’s Hollow Lane and questioned the dwelling units currently being rented out by the Kennedy’s and it was explained that dwelling units are allowed under current zoning bylaws and have been inspected by the Board of Health.  McCartney stated that Attorney McCormick wrote a strong letter of opposition to the minimal traffic caused by McCartney’s housing rental business (operated out of her home), but he is now representing an application that will greatly increase traffic on the same road.  

McGrath reiterated the need for an Environmental Analysis for this area that includes the impact of the large number of trees to be removed eliminating shade on this area.  The expanded number of waivers required must be determined and addressed.  There are serious concerns regarding the fact that this will be a 2000’ dead end road with no turnaround causing emergency vehicle access issues resulting in emergency vehicles having to back out on 2,000’ feet of roadway.    

McCormick requested a clarification of the information required by the Planning Board in order to proceed with further review of this application.  

Beth McCartney requested that all trees proposed to be removed be clearly flagged and the Planning Board agreed to that proposal.  

CONSENSUS:  The Planning Board agreed that the applicant will work with George Meservey in the Planning Department to clarify the issues that need to be addressed in order for this proposal to gain further review by the Planning Board and an on-site visit will be held with the engineer before the continuance of Planning Board approval of this application.  

MOTION TO CONTINUE:  On a motion by John Fallender, seconded by Gary Guzzeau, the Board voted to continue the public hearing for the Modification to a Definition Subdivision for Thomas & Patricia Kennedy for Tom’s Hollow Road to May 22, 2007 at 7:00 p.m.   

VOTE:   3-0-0    The motion passed unanimously.  


ADJOURNMENT

MOTION: On a motion by John Fallender, seconded by Gary Guzzeau, the Board voted to adjourn at 8:59 p.m.

VOTE:   3-0-0    The motion passed unanimously.  




SIGNED: ______________________________  DATE: _______________________
                       (Seth Wilkinson, Clerk)