PLANNING BOARD
JULY 22, 2008 - 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; Kenneth McKusick; Sims McGrath; Associates: John Ostman and
Gary Guzzeau – late arrival. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Board of Selectmen Liaison: Jon Fuller. Also Present: Cape Cod Commission: Sharon Rooney.
7:00 P.M. – SCENIC ROAD TREE HEARING – HVM HOLDINGS, LLC (TIMOTHY KLINK) – 52 PORTANIMICUT ROAD
O'Connor read the legal ad for the removal of a 12” pitch pine at 52 Portanimicut Road into the record. No applicant or representative was present for this application.
Correspondence:
O'Connor read a letter from Dan Connolly (Tree Warden) into the record which indicated that the 12’ pitch pine will no longer need to be removed as it has been determined by that the proposed driveway can fit into the opening without impacting the tree with ongoing monitoring by Connolly.
MOTION TO CLOSE PUBLIC HEARING: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Planning Board voted to close the tree hearing with no finding based on pertinent information from the Tree Warden.
VOTE: 5-0-0 The motion passed unanimously.
REORGANIZATION OF OFFICERS
MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning Board voted that the Planning Board and officers shall remain as follows:
Chairman: John Fallender
Vice Chairman: Seth Wilkinson
Clerk: Paul O'Connor
Regular Member Kenneth McKusick
Regular Member Sims McGrath
Associate: John Ostman
Associate: Gary Guzzeau
VOTE: 5-0-0 The motion passed unanimously.
SIGNATURE AUTHORIZATION
MOTION: On a motion by Kenneth McKusick, seconded by Sims McGrath, the Planning Board voted to authorize the Chairman to sign Approval Not Required Plans, Definitive Plans, Application Approval forms, all forms related to Surety and all Full and Partial Releases of Covenant on behalf of the Planning Board and to sign the Signature Authorization letters to be forwarded to the Barnstable County Registry of Deeds and the Boston Land Court.
VOTE: 5-0-0 The motion passed unanimously.
Gary Guzzeau arrived at 7:08 p.m.
CAPE COD COMMISSION – LAND USE VISION MAP
Sharon Rooney, Chief Planner at Cape Cod Commission gave an explanation of the Regional Land Use Vision Map Project and its impact on the Town of Orleans. The Planning Board viewed a copy of a Land Use Map of Orleans and expressed concern over the Development of Regional Impact control with another board (Board of Selectmen) other than the Planning Board and stated the opinion that Development of Regional Impact threshold decisions should come under the purview of the Planning Board, not the Board of Selectmen as proposed by the Cape Cod Commission. Guzzeau expressed his preference to see a more regional map with indications of the abutting town layouts. Wilkinson stated his displeasure over the proposed suggestion that Development of Regional Impact thresholds be determined by the Board of
Selectmen and strongly urged Planning Board members to decline to endorse the proposed Land Use Vision map for Orleans and request that the Cape Cod Commission redo it to include Planning Board oversight of Development of Regional Impact’s. Planning Board members also expressed strong concerns with the Cape Cod Commission’s determination of the large size of the economic center designation for Orleans. Rooney stated that towns will still have the option of sending discretionary Development of Regional Impact referrals to the Cape Cod Commission for review. Wilkinson stated his opinion that the Planning Board needs to notify the Cape Cod Commission that this is not the direction that the Orleans Planning Board proceed with the large economic center designation.
MOTION: On a motion by Seth Wilkinson, seconded by Kenneth McKusick, the Planning Board voted not to endorse the Orleans Land Use Vision map prepared by the Cape Cod Commission dated May 22, 2007 and modified April 10, 2008 and obtain more information and pursue changes to the map for consideration in the future.
VOTE: 5-0-0 The motion passed unanimously.
CAPE COD WATER PROTECTION COLLABORATIVE SEWERING IMPACT STUDY
Meservey presented copies of slides from the Cape Cod Water Protection Collaborative study by Ridley & Associates, Inc., entitled, “Smart Growth Tools to Enhance the Effectiveness of Wastewater Management” to study sewering scenarios. The Planning Board discussed issues with zero growth vs. growth neutral. In a chart entitled, “Outcome Assessments”, the study discusses four sewering scenarios and their impact on the environment and growth in towns.
POPULATION STUDY
The Planning Board discussed population statistics since 1988 and noted a previously unexplained large influx of voters in Orleans (approximately 900) between the years 1999 to 2003. McKusick stated that Karen Sharpless was Assistant Town Clerk during part of that time period and was able to clarify the huge discrepancy with the observation that a large number of non-residents changed their voter registration from their hometowns to Orleans during that time specifically to vote against the Land Bank warrant Article #19 (now known as that Community Preservation Act). The Planning Board discussed the population discrepancy and came to the conclusion that the Orleans year round population of approximately 6,500 residents has essentially not changed since 1988.
Wilkinson left the meeting and John Ostman was requested by the Chairman to vote as a regular member for the remainder of the meeting.
COMPREHENSIVE WASTEWATER MANAGEMENT PLAN
McGrath (Wastewater Management Steering Committee representative) gave a report to the Planning Board on the current progress on the Comprehensive Wastewater Management Plan. McGrath explained the following three conceptual plans for the management of wastewater in Orleans:
Plan #1 - Decentralized, which would include several plants and numerous disposal sites in various areas of the town.
Plan #2 - Centralized using most of the currently vacant land at the Tri-Town plant.
Plan #3 - A centralized facility in South Orleans with numerous regional-cooperation opportunities.
McGrath explained that numerous informational workshops will be held this summer to allow residents to gain information about the various conceptual plans that are under consideration by the Wastewater Management Steering Committee at this time. McGrath stated the intention of the Wastewater Management Steering Committee to gain input from the public in order to be able to make a recommendation for a wastewater plan to the Board of Selectmen. McGrath noted that a presentation of the proposed recommendation will be made to town meeting voters at the anticipated Special Town Meeting on October 27, 2008 and then the Wastewater Management Steering Committee will have completed its original Charge and will be disbanded. McGrath noted that the Board of Selectmen is currently working on a draft Charge to form a
new Review and Design Committee and will discuss the financing alternations at their August 27, 2008 meeting. McGrath indicated that from a fiscal standpoint, voters at town meeting are likely to see funding for pre-design engineering in the Capital Improvement Plan for Fiscal Year 2010, and funding for a final design in Fiscal Year 2011.
PROPOSED NUTRIENT MANAGEMENT REGULATIONS
Sims McGrath (as Chairman of Board of Health) gave a report to the Planning Board on the status of the proposed Nutrient Management Regulations and explained that a public hearing is scheduled for the regulations on July 31, 2008. McGrath noted that due to excess nitrogen or nitrates in the groundwater, the estuaries are significantly degraded and need intervention to clean them up. McGrath stated that the Orleans Board of Health is in the process of developing regulations to deal with the mitigation of the increase of controllable nitrogen that enters the groundwater from septic systems. McGrath indicated that other cape towns have already adopted or are in the process of adopting similar regulations.
MOTION: On a motion by Paul O'Connor, seconded by Kenneth McKusick, the Planning Board voted to endorse the proposed draft Nutrient Management Regulations from the Board of Health with an effective date of January 1, 2010.
VOTE: 5-0-0 The motion passed unanimously.
ORLEANS SIGN BYLAW TASK FORCE
The Planning Board discussed a motion that was made at the June 24, 2008 Planning Board meeting regarding the makeup of a sign bylaw task force and made a note that the intent was for the Planning Board to create a subcommittee to review the Orleans Sign Bylaw and then the subcommittee will work with and solicit comments from the Orleans Chamber of Commerce
MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning Board voted to rescind the following motion made at the June 24, 2008 Planning Board meeting:
MOTION TO BE RESCINDED FROM JUNE 24, 2008: On a motion by Paul O'Connor, seconded by Sims McGrath, the Planning Board voted to form a task force to be made up of Planning Board members and Chamber of Commerce members to review the sign bylaw.
VOTE: 5-0-0 The motion passed unanimously.
VOTE TO RESCIND: 5-0-0 The motion passed unanimously.
MOTION: On a motion by Sims McGrath, seconded by John Ostman, the Planning Board voted to create a Planning Board subcommittee to review the current Orleans Sign Bylaw and made recommendations and subsequently the Planning Board subcommittee will work with and solicit comments from the Orleans Chamber of Commerce to determine whether there is a need to revise the current Orleans Sign Bylaw.
VOTE: 5-0-0 The motion passed unanimously.
APPROVAL OF MINUTES: June 24, 2008
MOTION: On a motion by Kenneth McKusick, seconded by Paul O'Connor, the Board voted to approve the minutes of June 24, 2008.
VOTE: 5-0-0 The motion passed unanimously.
ADJOURNMENT
MOTION: On a motion by Sims McGrath, seconded by John Ostman, the Planning Board voted to adjourn the Planning Board meeting at 9:18 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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