PLANNING BOARD
December 9, 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; Sims McGrath; Associates: Gary Guzzeau. Planning Department Staff: George
Meservey; Secretary: Karen Sharpless. Board of Selectmen Liaison: Jon Fuller.
Absent: Kenneth McKusick; John Ostman
MOMENT OF SILENCE
Planning Board members observed a moment of silence after the Planning Board Chairman reported that Selectman John Hinckley passed away last weekend. Planning Board members praised Mr. Hinckley for his many years of dedicated service to the town.
Chairman Fallender requested that Associate member, Gary Guzzeau vote in the absence of Kenneth McKusick.
APPROVAL NOT REQUIRED – LOUISE G. THAYER – 75 AREY’S LANE
Phil Scholomiti (Ryder & Wilcox) presented an Approval Not Required Plan for Louise G. Thayer for property known as 75 Arey’s Lane, situated at the Southeast corner of Arey’s Lane. Scholomiti noted that this plan will reconfigure and combine two existing non-conforming undersized vacant lots. Planning Board members were assured by Planning Director, George Meservey that the lots meet the grandfathering requirement for buildability and one house would be allowed on the newly created lot. Meservey noted that there are flood issues on the lower portion of one of the lots. Sims McGrath pronounced that this was a case of expunging a lot line which will bring the lots into better compliance and is appropriate for the neighborhood. The Planning Board members noted that this property
will not qualify for two houses on a parcel. Meservey reported that the Approval Not Required meets all of the town requirements.
MOTION: On a motion by Seth Wilkinson, seconded by Paul O'Connor, the Planning Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required Plan prepared for Louise G. Thayer, dated November 4, 2008, scale 1” = 30’, by Ryder & Wilcox, Inc.
VOTE: 5-0-0 The motion passed unanimously.
It was noted that the graphic scale on the plan is incorrect, and was subsequently amended by Scholomiti and brought before the Planning Board members for signature later in the meeting.
ZONING REQUEST FOR TATTOO PARLORS
Kristopher Smith presented a letter of request, dated November 20, 2008, for the Planning Board to consider a zoning change to allow a custom tattoo studio/art gallery in Orleans. Smith noted that tattoo (body art) was legalized in Massachusetts in 2000. Smith stated that he has been a tattoo artist for 17 years and his tattoo application area uses state of the art hospital sterilization procedures. Smith requested that tattoo shops be considered in the category of beauty/hair salons and barbershops. Meservey noted that tattoo shops are not currently an allowed use in town as opined by Town Counsel, and would require a variance. Meservey stated that the Board of Health licensing requirements for tattoo shops are very stringent. Planning Board members discussed the process for
amending the Use Table and agreed that this would need to be reviewed by the Zoning Bylaw Task Force and then would be forwarded back to the Planning Board for a public hearing before it can be forwarded to a town meeting vote. McGrath stated his opinion that body art might be considered as cosmetics and is strictly licensed by the State of Massachusetts and might be considered in the same category as beauty/hair salons.
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Planning Board voted to refer the question of allowing tattoo parlors in town with a possible addition to the Table of Uses and refer it to the Zoning Bylaw Task Force for study, with and provide notification to the Board of Selectmen for consideration of a proposed zoning bylaw change on this subject.
VOTE: 4-0-1 The motion passed by a majority. (Gary Guzzeau abstained).
POTENTIAL ZONING BYLAW AMENDMENTS
Amend Zoning Bylaws §164-35 Signs
Planning Board members read and discussed a legal opinion letter from Town Counsel entitled, “Orleans Zoning Bylaw Task Force – Sign Code Provisions”, dated December 9, 2008. Sims McGrath questioned whether signs are associated with a particular business or a specific use in a location (i.e. such as a restaurant), and noted that the Planning Board needs to make a determination on this issue. McGrath noted the issue of size and appearance of some of the current signs in town which have undergone radical changes when ownership of a business changes. McGrath stated his opinion that each business owner/operator should apply for specific business related signs and be held accountable to the current sign code at that time. O'Connor stated his opinion that
grandfathering of a non-conforming sign should not be allowed to remain when a business changes ownership. Planning Board members discussed additional signs on a property with a special permit. Wilkinson stated his opinion that the Planning Board forward the more restrictive sign code wording to the public hearing and determine from public comments how to proceed. Selectman Fuller stated his opinion that there is a proliferation of contractor signs all over town and the sign code is too open-ended about the problem. Fuller stated that only the general contract or contractor who applies for a building permit to work on a particular property should be allowed to post any signs, not to exceed 4’ in area.
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Planning Board voted to approve the proposed zoning bylaw amendment to §164-35 - Signs and forward the amendment for a public hearing on January 13, 2009 with notification to the Board of Selectmen of the proposed bylaw change.
VOTE: 5-0-0 The motion passed unanimously.
Amend Zoning Bylaws §164-4 - Definitions
Meservey explained the proposed bylaw amendments to clarify the definitions for the following terms: Fence, Building Height, Conventional Restaurant Building and Building Coverage.
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Planning Board voted to approve the proposed zoning bylaw amendment to §164-4 - Definitions and forward the amendment for a public hearing on January 13, 2009 with notification to the Board of Selectmen of the proposed bylaw change.
VOTE: 5-0-0 The motion passed unanimously.
Amend Zoning Bylaws §164-21 – Schedule of Lot, Yard and Bulk Requirements
Meservey explained the proposed amendment to the zoning bylaws §164-21- Schedule of Lot, yard and Bulk Requirements by amending Section C changing the date that the regulations issued under the Massachusetts Wetlands Protection Act, MGL C. 131, 40 known as 310 CMR 10.04 replacing the original date of April 1, 1983 with the new date of May 2008.
MOTION: On a motion by Seth Wilkinson, seconded by Paul O'Connor, the Planning Board voted to approve the proposed zoning bylaw amendment to §164-21 - Schedule of Lot, Yard and Bulk Requirements and forward the amendment for a public hearing on January 13, 2009 with notification to the Board of Selectmen of the proposed bylaw change.
VOTE: 5-0-0 The motion passed unanimously.
Amend Zoning Bylaws §164-22 – Modifications
Meservey explained the proposed amendment to the zoning bylaws §164-22.I.2 – Modifications by amending the current language regarding side and rear yard setbacks.
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Planning Board voted to approve the proposed zoning bylaw amendment to §164-22.I.2 - Modifications and forward the amendment for a public hearing on January 13, 2009 with notification to the Board of Selectmen of the proposed bylaw change.
VOTE: 5-0-0 The motion passed unanimously.
Amend Zoning Bylaws §164-6 – Zoning Map
Meservey explained the proposed amendment to the zoning bylaws §164-6 – Zoning Map by changing the zoning designation set forth on the existing Zoning Map from Limited Business (LB) to Residence District (R) in the area of Town Cove and Cove Road as shown on a zoning map dated October 30, 2008. Meservey stated that there are ten (10) lots in the district, but nineteen (19) lots in all would be affected by the proposed change, four of which would reside in two different districts. Meservey noted that new dimensional non-conformities would result on some of the lots if this change is made. Meservey stated that this change would create more non-conformities and is not consistent with the Orleans Comprehensive Plan. Meservey pointed out that some of the lots already
have multiple houses on them. Meservey noted that lots within two districts would be allowed the privileges of the less restrictive district in which they partially reside. Planning Board members expressed concern with unintended consequences that could result if this change is made and thanked the Assistant Planner for his efforts in researching this issue.
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Planning Board voted whether to approve the proposed zoning bylaw amendment to §164-6 - Zoning Map.
VOTE: 0-5-0 The motion failed unanimously.
ORLEANS COMPREHENSIVE PLAN ACTION ITEMS
A discussion was held on each of the Orleans Comprehensive Plan Action Items which come under the purview of the Planning Board and determined which ones are complete and the type of action required to complete the remaining items.
WASTEWATER PLANNING LEGISLATION
A discussion was held regarding the legislation governing wastewater planning entitled, “Chapter 312 of the Acts of 2008, An Act providing for the Preservation and Improvement of Land, Parks, and Clean Energy in the Commonwealth” , particularly Section 10, Chapter 83. Meservey noted that legislation was recently approved to provide financial opportunities to towns regarding wastewater initiatives, including zero percent interest rates. Meservey noted that all plans must be consistent with the Orleans Comprehensive Plan. Meservey reported that nitrogen regulations were recently adopted by the Orleans Board of Health, but they have limitations. McGrath expressed the need for the Town of Orleans to adopt Chapter 83 of Section 10.
CONSENSUS: There was a consensus of the Planning Board to send a letter of support to the Board of Selectmen to put an article on an upcoming town meeting warrant adopting Chapter 83 of Section 10 of the legislation governing wastewater planning entitled, “Chapter 312 of the Acts of 2008, An Act providing for the Preservation and Improvement of Land, Parks, and Clean Energy in the Commonwealth”.
LAND USE VISION MAP
Planning Board members discussed a letter received from the Cape Cod Commission entitled, “Land Use Vision Map: Modifications to Resource Protection Areas”, dated December 1, 2008 which requests support of a modification to the Land Use Vision Map regarding FEMA/NOAH detailed SLOSH zones (sea land and overland surges from hurricane model) and A/V (Land Subject to Coastal Storm Flowage “LSCSF” [also referred to as the 100 year flood plain such as storm surges]) zones. Meservey stated that the Cape Cod Commission has asked towns to consider overlaying both the SLOSH and A/V Flood plain onto the Resource Protection Area Map. Meservey noted that there are some discrepancies between the sizes and shapes of the SLOSH and FEMA zones. Meservey stated he has no issue with overlaying
both the SLOSH and FEMA zones on the Protection Districts knowing that any significant growth area in the Land Use Vision Maps will not be affected by it because they are in the downtown area. Meservey stated that this map is a regulatory tool for the Cape Cod Commission and should not affect homeowner insurance rates.
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Planning Board voted to support the Cape Cod Commission’s request to incorporate overlays of the SLOSH and FEMA A/V zones onto the Land Use Vision Map for regulatory purposes.
VOTE: 5-0-0 The motion passed unanimously.
MEETING CANCELLATION
MOTION: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Planning Board voted to cancel the regularly scheduled Planning Board meeting on December 23, 2008 due to a holiday quorum conflict.
VOTE: 5-0-0 The motion passed unanimously.
CORRESPONDENCE
FY ’09 Important Dates
Meservey pointed out that February 26, 2009 is the final date for Boards and Committees to submit warrant articles for the Annual Town Meeting in May 2009.
APPROVAL OF MINUTES: November 25, 2008
MOTION: On a motion by Seth Wilkinson, seconded by Sims McGrath, the Board voted to approve the minutes of November 3, 2008.
VOTE: 4-0-1 The motion passed by a majority. (Paul O'Connor abstained).
ADJOURNMENT
The Planning Board meeting adjourned at 9:07 p.m.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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