ORLEANS PLANNING BOARD
February 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; Kenneth McKusick; Associates: Paul O’Connor; Gary Guzzeau. Planning Department: George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller.
Absent: Vice-Chairman: John Fallender; Clerk: Seth Wilkinson.
In the absence of regular members, Chairman McGrath asked Paul O'Connor and Gary Guzzeau to vote as regular members.
7:00 P.M.- PUBLIC HEARING – DEFINITIVE SUBDIVISION - DOUGLAS NICKERSON –
110 BEACH ROAD
Sims McGrath read the legal ad into the record. Due to standing on the Board of Health, Sims McGrath stated he has voted on this plan through the Board of Health and offered to recuse himself from these proceedings. McElwee stated that he has no objection to McGrath’s presence at this meeting on this Definitive subdivision. John McElwee representing FELCO stated that this application appeared before the Planning Board as a Preliminary Subdivision Plan to create 2 lots on a 3-acre parcel, one of which is a proposed panhandle lot. At the Preliminary stage the Planning Board expressed concerns with the panhandle access to Beach Road and a suggestion was made regarding access to both lots via a common driveway. There is an access utility easement on Lot 1 and there is a request for a waiver
of frontage. It was noted that wetlands on and adjacent to the property have not been properly delineated by the Conservation Commission. Meservey noted the shape of the end of the panhandle is significantly different than the Preliminary plan version and according to McElwee is proposed for the use of the septic system and therefore must be approved by the Board of Health. McGrath noted concerns on behalf of the Board of Health regading the subsurface disposal system and reiterated that this will have to come under review by the Board of Health.
Audience Comments:
Linda Knowlton questioned the building envelope and whether some of the property is within the 100’ buffer. McGrath pointed out that there are many reasons for a person to subdivide a piece of property, one of which is to building a dwelling, but in granting permission for a subdivision, the Planning Board is stating as to the buildability of a lot as noted in the Massachusetts General Laws. The Planning Board is only charged with determining access to property and a lack of access would mean that the Planning Board would have to deny a subdivision plan.
The Planning Board discussed various issues including access, a common driveway, and the septic system location and with the agreement of McElwee agreed to continue this public hearing to April 10, 2007.
MOTION: On a motion by Paul O'Connor, seconded by Ken McKusick, the Board voted to continue the Definitive Subdivision Plan prepared for Douglas Nickerson for property located at 110 Beach Road to April 10, 2007 at 7:00 p.m. to allow the applicant an opportunity to address the question of the viability of proposed Lot 2 based on the proximity to wetlands and potential vernal pools.
VOTE: 4-0-0 The motion passed unanimously. (Chairman McGrath requested Paul O'Connor and Gary Guzzeau vote as regular members.)
OLD BUSINESS
Referral of zoning amendments to Board of Selectmen for inclusion on the town meeting warrant for the Annual Town Meeting in May 2007
The Planning Board discussed some minor alterations to the proposed zoning bylaw amendments and agreed that roof pitch needs to be clarified and brought to town meeting.
CONSENSUS: There was a consensus of the Planning Board that George Meservey will clarify the language of the proposed zoning bylaws and run them by Town Counsel.
Cape Cod Commission – Planning Committee
Meservey explained that the Cape Cod Commission held a public hearing on the Orleans Comprehensive Plan which was approved by town meeting and was generally agreed to be a good plan by the Cape Cod Commission staff members.
NEW BUSINESS
Orleans Home Rule Charter - Review & Comment
The Planning Board discussed applicable excerpts from the Orleans Town Charter and made recommendations to be forwarded to the Town Charter Review Committee for their review.
Review of General Bylaws.
Jon Fuller noted that it is time for a review of the Orleans General Bylaws and stated that due to a lack of response to a request for committee members to form a General bylaw review, the Zoning Bylaw Task Force may be requested to do the review.
Panhandles
Meservey presented a case from the Building Inspector regarding the allowance of accessory apartments on panhandle lots in response from a property owner.
CONSENSUS: The Planning Board agreed with the Building Inspector’s opinion on this issue.
CORRESPONDENCE
Needs Assessment Executive Summary
The Planning Board was presented with copies of the Needs Assessment Executive Summary written by Wright-Pierce and presented at a public hearing on February 26, 2007.
Community Preservation Committee
Guzzeau requested coverage for the an upcoming Community Preservation Committee meeting due to personal conflicts, but Planning Board members also had conflicts and were unable to fill in. Gary Guzzeau stated that he would notify the Community Preservation Committee Chairman.
APPROVAL OF MINUTES: January 23, 2007
MOTION: On a motion by Gary Guzzeau, seconded by Ken McKusick, the Board voted to approve the minutes of January 23, 2007.
VOTE: 4-0-0 The motion passed unanimously.
ADJOURNMENT
MOTION: On a motion by Paul O'Connor, seconded by Gary Guzzeau, the Board voted to adjourn at 9:18 p.m.
VOTE: 4-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Seth Wilkinson, Clerk)
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