PLANNING BOARD
November 3, 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; Clerk: Paul O'Connor; Kenneth McKusick; Sims McGrath; Associate: John Ostman. Planning Department Staff: George Meservey;
Secretary: Karen Sharpless. Also Present: Attorney Richard Laraja.
Absent: Vice-Chairman: Seth Wilkinson; Associate: Gary Guzzeau; and Board of Selectmen Liaison: Jon Fuller.
Chairman Fallender requested that John Ostman vote as a regular member in the absence of Seth Wilkinson
PARTIAL RELEASE OF COVENANT – JEFFREY SMITH – 11 & 15 FROST FISH LANE
Attorney Richard Laraja (Laraja and Kanaga) presented a request for a Partial Release of Covenant for property that was approved by the Planning Board on October 14, 2008 as a Modification to a Definitive Subdivision Plan (created in 1977) prepared for Jeffrey Smith for property located at 11 & 15 Frost Fish Lane, by FELCO Engineering, scale 1” = 40’, dated September 10, 2008, with a Covenant containing the following conditions:
- All conditions of the Board of Health approval must be met.
- Lots 3 and 4 of the 1977 approved subdivision shall remain under Covenant.
- A Restrictive Covenant shall be placed on approved Lot 1A for improvements to Spider Web Lane.
Attorney Richard Laraja stated that he represents members of the Smith family including Jeffrey and Marilyn Smith and Ed Smith in an interfamily conveyance of Lot 1A to his son, James. Attorney Laraja stated that no changes are intended for the existing houses on Lot 1A and Lot 2A, and no changes are intended for the vacant lots. Attorney Laraja stated that it would be a financial hardship for Jim Smith to have to do the road improvements as well as meet the Board of Health requirements triggered by the Modification to the Subdivision Plan before purchasing the property from his father. Attorney Laraja requested on behalf of his clients that the Planning Board consider a release of the Covenant on Lot 1A which has paved access to the lot via Lot 2A which has existed for many years. Attorney Laraja noted that in the event of a sale of the lot to a non family member, the existing dirt panhandle will have to be improved. Attorney Richard Laraja agreed that in the event of a sale
of the property, the access over Lot 2A would probably cease to exist.
The Planning Board discussed how a Release of Covenant would affect the eventual access to Lot 1A from Spider Web Lane (and the required improvements to the road), and noted that the Covenant requires that Lot 1A be held to the same standards as the other lots in this subdivision. McGrath stated that the crux of the issue is reasonable access to all subdivided lots. McGrath noted that potential buyers of Lots 3 or 4 would have a reasonable expectation for improvements to Spider Web Lane and suggested that a Partial Release of Covenant for Lot 1A could be granted, but should be maintained for Lots 3 and 4. The Planning Board discussed the lack of an access easement and agreed that a title search would show that fact. Attorney Laraja stated that when the new plan is filed, all old files showing
access across Lot 2A would become obsolete. Meservey noted that the houses already exist on Lot 1A and Lot 2A. McGrath noted that this is an interfamily situation and if Lots 3 and 4 were to ever have a Conservation Easements placed on them, the result would be an unnecessarily constructed “road to nowhere”.
MOTION TO APPROVE
MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning Board voted to approve a Partial Release of Covenant for Lot 1A for Jeffrey Smith for property located at 11 & 15 Frost Fish Lane, plan dated September 10, 2008, revised October 14, 2008.
VOTE: 5-0-0 The motion passed unanimously.
MOTION FOR MYLAR ENDORSEMENT
MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning Board voted to authorize the Planning Board Chairman to sign the Mylar (after the appeal period which expires on November 6, 2008), for the Modification to a Definitive Subdivision Plan prepared for Jeffrey Smith for property located at 11 & 15 Frost Fish Lane, scale 1” = 40’, dated September 10, 2008, revised October 14, 2008, prepared by FELCO Engineering, provided no appeals have been filed with the town regarding this decision.
VOTE: 5-0-0 The motion passed unanimously.
ADJOURNMENT:
The Planning Board meeting adjourned at 2:51 pm
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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