PLANNING BOARD
October 28, 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; Associates: Gary Guzzeau; John Ostman. Planning Department Staff: George Meservey;
Secretary: Karen Sharpless. Board of Selectmen Liaison: Jon Fuller.
Absent: Vice-Chairman: Seth Wilkinson.
Chairman Fallender requested that Gary Guzzeau vote in the absence of Vice Chairman, Seth Wilkinson.
APPROVAL NOT REQUIRED - DISHNER / WESTER - 48 HERITAGE DRIVE
Phil Scholomiti (Ryder & Wilcox) presented an Approval Not Required application for Jimmy G. & Linda W. Dishner and Matthew Wester for a reconfiguration of two equal sized Land Courted land situated in the Residence District at the intersection of 48 Heritage Drive and Portanimicut Road. Scholomiti pointed out that the properties to be reconfigured are located within the Groundwater Protection District 3. Scholomiti stated that the reconfiguration will create two more normally shaped lots for both owners. Scholomiti stated that the two separate plans that will need to be endorsed by the Planning Board are for the Land Court and the Registry of Deeds. Meservey noted that the lot reconfiguration will not result in any more building potential on these lots as these lots are already undersized
pre-existing, non-conforming. Meservey reminded the Planning Board that even pre-existing, non-conforming lots would need to have 15,000 square feet of buildable upland. Meservey recommended endorsement of the plan as an Approval Not Required. Scholomiti stated that the Land Court has already reviewed and approved this plan and has requested that new monuments be placed between the line of division, which has already been done. Sims McGrath noted that since this only involves less than ¼ of an acre, it does not create any parcel large enough for further subdivision, even if these smaller parcels were merged with adjacent parcels.
MOTION TO ENDORSE: On a motion by Kenneth McKusick, seconded by Paul O'Connor, the Planning Board voted to endorse the plan and authorize the Chairman to sign the Approval Not Required for Jimmy G. & Linda W. Dishner and Matthew Wester for property located at 48 Heritage Drive, in a plan prepared by Ryder & Wilcox, 1” = 20’, dated August 1, 2008, and revised October 1, 2008, for the Registry of Deeds and a similar plan as required for the Land Court.
VOTE: 5-0-0 The motion passed unanimously.
FY ’10 ORLEANS COMPREHENSIVE PLAN RECOMMENDATIONS
Planning Board members discussed items in a memorandum to the Board of Selectmen dated October 21, 2008 regarding recommendations for the Orleans Comprehensive Plan Implementation in FY10. Meservey reminded the board that the Orleans Home Rule Charter requires that the Planning Board provide an updated Status report on the Orleans Comprehensive Plan action items based in input from various town departments and committees. McKusick questioned whether the Police Station is listed in the long range plan and Meservey responded that there is no mention of the Police Station in the Orleans Comprehensive Plan either for repair or for replacement. Planning Board members reviewed and discussed the status of the items on a chart entitled, “Orleans Comprehensive Plan – Recommended Priorities for
FY’10 submitted by the Planning Board” and made suggestions.
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Planning Board voted to approve the memorandum dated October 21, 2008 to the Board of Selectmen entitled, “Recommendations for Comprehensive Plan Implementation in FY10”.
VOTE: 5-0-0 The motion passed unanimously.
BREWSTER PROPOSED REGULATIONS
Meservey reviewed a synopsis of the a memorandum dated October 22, 2008 entitled, “Brewster Proposed Regulations” regarding the following proposed Brewster regulations to be numbered §179-53 through §179-63 entitled, “Water Quality Protection” to be presented at a Brewster Special Town Meeting this fall, and the affect on the Town of Orleans, particularly the location of the watershed. Meservey explained that in some instances the proposed Brewster regulations are more stringent than the existing regulations in Orleans and noted that the Town of Brewster should be applauded for being proactive in their efforts to bring their bylaws up to date. When Planning Board members questioned the existing regulations in Orleans, Meservey read the following Orleans Zoning Bylaw to
the Planning Board:
§164-24. Soil Removal.
- No topsoil, gravel, loam or stone in the town may be removed to be transported outside the Town of Orleans, except, from an established pit, stockpile or surplus, unless authorized by a special permit from the Board of Appeals.
- No topsoil, subsoil, gravel, loam, sand, stone or other earth in the town may be removed to be transported either outside the town or from place to place within the Town of Orleans, nor may any land be filled, unless the entire area of such removal or filling shall be graded and replanted with soil-improved plants, with a permanent cover crop or by reforestation so that any scars resulting from such removal shall not remain unplanted for a period of longer than six (6) months, with the exception of the town disposal area.
Planning Board members discussed the above-listed Orleans Zoning Bylaw and McKusick requested that the Zoning Bylaw Task Force review the proposed Brewster Bylaw and determine whether a similar bylaw would be applicable to Orleans and should be included for future Planning Board discussion and possible inclusion on a town meeting warrant for presentation to town voters.
NEW BUSINESS
Committee Reports
Meservey noted that the Zoning Bylaw Task Force will make a report at the Planning Board meeting on November 25, 2008.
Checkerboarding
McGrath noted that the Town of Orleans needs to consider the local option under Massachusetts General Laws 83A regarding checkerboarding for wastewater planning. McGrath indicated that the Town of Orleans should research options for discounted financing under the State Revolving Fund and possibly bring it for consideration at the Annual Town Meeting in May 2009.
APPROVAL OF MINUTES: September 9, 2008
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Board voted to approve the minutes of September 9, 2008 as amended.
VOTE: 5-0-0 The motion passed unanimously.
APPROVAL OF MINUTES: September 23, 2008
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to approve the minutes of September 23, 2008.
VOTE: 5-0-0 The motion passed unanimously.
APPROVAL OF MINUTES: October 14, 2008
MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Board voted to approve the minutes of October 14, 2008.
VOTE: 4-0-1 The motion passed by a majority. (Gary Guzzeau abstained).
ADJOURNMENT
The Planning Board meeting adjourned at 8:23 p.m.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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