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Planning Board Minutes 08/26/2008
PLANNING BOARD
AUGUST 26, 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 – late arrival; Associates: Gary Guzzeau;  Planning Department Staff: George Meservey; Secretary: Karen Sharpless.  Board of Selectmen Liaison:  Jon Fuller.  Wright-Pierce Representative:  Michael Giggey.  Absent:  John Ostman.
Audience Members :  Augusta McKusick and Brooks Woods.  

Chairman Fallender requested that Gary Guzzeau vote as a regular member during the initial absence of Sims McGrath at this meeting.  


7:00 PM – SCENIC ROAD PUBLIC HEARING – A TO Z TREEZ – 110 GIBSON ROAD

Paul O'Connor read the legal into the record.  Dan Connolly (Tree Warden) stated that the seven (7) locust and cherry trees to be removed are within the public road layout located at 110 Gibson Road.  Connolly noted that the tree removal application was filed by A to Z Treez on behalf of the homeowner to remove potentially hazardous trees.  Connolly stated that he informed the homeowner that due to the location of the proposed tree removal on a scenic road, the application must be reviewed at a public scenic road hearing held jointly by the Planning Board and the Tree Warden.  Connolly noted that the two varied impacts of the application which is the removal of part of the scenic road overhead rural canopy vs. locust trees which are considered to be invasive species and poor quality cherry trees.  In response to a question, Connolly stated that it was not the intention of the town to remove these particular trees at this time, although they are known to easily tip over in storms.  Planning Board members discussed the trees and agreed that some need to be removed and some could just be pruned, although Connolly stated his preference to either have all or none of the trees removed through this application, rather than try to pick and choose which trees should be cut down.  Planning Board members agreed that it be prudent to have the homeowner work with the Orleans Tree Warden to determine the appropriate replacement trees to be planted along this portion of Gibson Road.  Connolly and Joe Thomas (A to Z Treez) stated that the applicant has a landscaping plan for the property which included private trees which have already been cut down.  Planning Board members discussed the town’s usual practice of preserving overhead tree canopies, but noted that this canopy is not very impressive and would not be greatly affected by the proposed tree removals.  Thomas stated that in the landscaping plan, the homeowner has saved the maple trees on the property.  Wilkinson agreed with the need for replacement trees to preserve the scenic nature of the road.  Connolly agreed to work with the homeowner to plant replacement trees on the town’s portion of the property.  Thomas stated that A to Z Treez plans to grind the tree stumps down and cover them with dirt.  Connolly stated that the replacement trees would be set back from the road to avoid new tree growth with the ground stumps from the existing trees.    

MOTION TO CLOSE THE HEARING:  On a motion by Kenneth McKusick, seconded by Seth Wilkinson, the Planning Board voted to close the evidentiary portion of the public hearing for A to Z Treez for the removal of seven (7) trees at 110 Gibson Road.  
 
VOTE:   5-0-0    The motion passed unanimously.  


MOTION TO APPROVE:  On a motion by Kenneth McKusick, seconded by Seth Wilkinson, the Planning Board voted to approve application for A to Z Treez for the removal of seven (7) trees at 110 Gibson Road with the condition that the stumps be ground up and the applicant work with the Tree Warden, Dan Connolly to replant appropriate trees at the site.  
 
VOTE:   5-0-0    The motion passed unanimously.  


McGrath arrived during the following discussion and voted for the remainder of the meeting.    


GROWTH MANAGEMENT & SEWERING – MICHAEL GIGGEY (WRIGHT-PIERCE)

Giggey and the Planning Board discussed issues contained in the following documents:

  • Wright-Pierce Letter entitled, “Orleans Comprehensive Wastewater Management Plan:  Costs for “No Growth” and “Full Sewering” Plans” dated June 16, 2008
  • Wright-Pierce Letter entitled, “Orleans Comprehensive Wastewater Management Plan:  Developing a “Growth Neutral” Wastewater Plan” dated June 17, 2008
  • Wright-Pierce Letter entitled, “Orleans Comprehensive Wastewater Management Plan:  Town Control Over On-Lot Septic Systems” dated May 12, 2008
  • Wright-Pierce document entitled, “Orleans Comprehensive Wastewater Management Plan:  Discussion Topics for 26, August 2008 Meeting with the Orleans Planning Board with the following points:
  • Current Basis for Wastewater Planning
  • Estimates of Capital Cost
  • Application of Costs to Growth Components
  • How Can Land Use Controls Benefit the Wastewater Program?
  • Definition of “Growth Neutral”
  • Potential Tools
  • Schedule

Giggey and the Planning Board discussed issues such as structural and non-structural components of the wastewater plan and growth projection and management.  Giggey noted the importance of determining new growth and whether it would be the same as under current zoning regulations.  Giggey noted that projections are for the 20-year period from 2010 – 2030.  The board discussed the difference between theoretical build-out vs. practical build-out and how to control the growth rate in town.  In discussing Title 5 vs. sewering, Wilkinson noted that variances are difficult to obtain.  Gussie McKusick noted that it is important for all town departments and committees to be on common ground as the Comprehensive Wastewater Management Plan moves forward.    It is crucial that the Comprehensive Wastewater Management Plan make plans for growth that is “no greater than that allowed by zoning and wastewater regulations” in order to qualify for zero interest (0%) SRF funds.  


REGIONAL POLICY PLAN LAND USE VISION MAP

Meservey described the changes made by the Cape Cod Commission to the Land Use Vision Map, as requested by the Orleans Planning Board.  The Cape Cod Commission has requested that the Orleans Planning Board endorse the revised Land Use Vision Map.  Meservey explained the new proposed


Flexible Development of Regional Impact Thresholds in various districts in town as noted in the following Cape Cod Commission documents:   

  • Minimum Performance Standards in Economic Centers
  • Table of Proposed Flexible DRI Thresholds as of July 28, 2008
  • RPP Summary Comparison
  • Land Use Vision Map
MOTION TO ENDORSE:  On a motion by Seth Wilkinson, seconded by Kenneth McKusick, the Planning Board voted to endorse the Land Use Vision Map created by A. Reynolds, Cape Cod Commission GIS Analyst, May 22, 2007 and further modified on August 13, 2008.
 
VOTE:  5-0-0     The motion passed unanimously.  


 BREWSTER DISTRICT OF CRITICAL PLANNING CONCERN

Meservey explained the proposed Water Quality Protection Bylaw and Sand & Gravel Bylaw from the Town of Brewster in conjunction with the District of Critical Planning Concern (DCPC) endorsed by the Cape Cod Commission to help protect Brewster’s drinking water.  Meservey stated that both bylaws are good steps in the progress of protecting groundwater.      

MOTION TO ENDORSE:  On a motion by Paul O'Connor, seconded by Seth Wilkinson, the Planning Board voted to endorse the proposed Water Quality Protection Bylaw and Sand & Gravel Bylaw from the Town of Brewster in conjunction with the DCPC endorsed by the Cape Cod Commission.  
 
VOTE:   5-0-0    The motion passed unanimously.  


OLD BUSINESS

Regulation of Large Homes

Planning Board members discussed memorandums from the Zoning Board of Appeals and the Architectural Review Committee stating dissenting opinions regarding the need for committee reviews of large residential homes.  Planning Board members noted concerns expressed by residents on this matter and decided to review the number and type of large homes built in Orleans over the past 3-5 years to determine how effective the town currently is in regulating large homes.  Planning Board members agreed to send this issue to the Zoning Bylaw Task Force for further study of whether there is still a need for a bylaw of this type in town.  


Proposed Nutrient Management Regulations

McGrath explained the proposed Nutrient Management Regulations and the determination of how an effective date was proposed by the Board of Health.  Planning Board members agreed to support the Board of Health proposal.  





NEW BUSINESS

Lighting Bylaw

Planning Board members noted that the General Bylaw known as the Outdoor Lighting Bylaw which was approved by the Annual Town Meeting on May 10, 2004 and has been in effect for new commercial


construction will go into effect for all pre-existing businesses as of May 10, 2009.  The Planning Board referred to the following language in the Outdoor Lighting Bylaw as listed in the town meeting warrant:

PURPOSE:  The regulation of outdoor lighting is intended to enhance public safety and
welfare by providing for adequate and appropriate outdoor lighting, provide for lighting
that will complement the character of the town, reduce glare, encourage energy savings,
and minimize light trespass onto other properties.  

Planning Board members noted that John Ostman has offered to work with the Chamber of Commerce to help notify businesses in town that they will have to adhere to the conditions of the Outdoor Lighting Bylaw as of May 10, 2009.  


CORRESPONDENCE

Tom’s Hollow Lane Remand Order from Commonwealth of Massachusetts Land Court

Meservey explained that the court case regarding the denial of a proposed subdivision on Tom’s Hollow Lane for Tom and Patricia Kennedy has been remanded back to Planning Board.  The Planning Board has been ordered to further clarify the reasons why the Tom’s Hollow Lane subdivision was denied to be held in a public meeting, but it is not necessary to hold a public hearing.  The Planning Board agreed to hold an Executive Session meeting at 6:30 p.m. on September 9, 2008 in order to meet with Town Counsel and determine the Planning Board’s response to the order.  Planning Board members requested copies of the CD recording and approved minutes for the November 27, 2008 meeting for review before the Executive Session.  


Request to Rezone Cove Road

Meservey notified the Planning Board of a letter received from Harry and Dona Pike, dated August 11, 2008 requesting a change of zoning to Residential for the portion of Cove Road from Route 28 to the Yacht Club on Town Cove which is currently listed as Limited Business.  McGrath stated his understanding that the town generally favors zoning which is consistent to the prevailing use in that area.  Planning Board members agreed to forward this request to the Zoning Bylaw Task Force for study and Meservey stated that notification of any zoning change would be sent to all abutting property owners.  

MOTION:  On a motion by Sims McGrath, seconded by Paul O'Connor, the Planning Board voted to refer the request to change zoning on a portion of Cove Road from Limited Business to Residential to the Zoning Bylaw Task Force for study.    
 
VOTE:   5-0-0    The motion passed unanimously.  




APPROVAL OF MINUTES: July 22, 2008


MOTION:  On a motion by Paul O'Connor, seconded by Sims McGrath, the Board voted to approve the minutes of July 22, 2008.

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


ADJOURNMENT

The Planning Board meeting adjourned at 9:06 p.m.



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