PLANNING BOARD
MARCH 11, 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: Vice-Chairman: Seth Wilkinson; Clerk: Paul O'Connor; Sims McGrath; Associates: John Ostman; Gary Guzzeau. Planning Department Staff: George Meservey. Also Present: Board of Selectmen Liaison: Jon Fuller. Absent: Chairman: John Fallender; Kenneth McKusick; Associates:
In the absence of the Planning Board Chairman, Seth Wilkinson presided over the meeting as Acting Chairman. Wilkinson requested that John Ostman and Gary Guzzeau vote as regular members in the absence of Kenneth McKusick and John Fallender.
7:00 P.M. – PUBLIC SHADE TREE - TOWN OF ORLEANS - 99 FINLAY ROAD
Acting Chairman, Wilkinson explained that the Planning Board is hosting a public shade tree hearing for Dan Connolly (Orleans Tree Warden) for the removal of a 32” oak tree at 99 Finlay Road . Wilkinson noted that all Planning Board comments will be received as citizens, not as Planning Board representatives. Connolly read a letter from the Highway Manager strongly requesting that the tree be cut down due to site distance, safety concerns and obstruction for emergency vehicles, after consultation with the Town’s consulting engineer.
Public Comment:
Jon Fuller (as a citizen) stated that the intersection of Finlay Road and Route 28 has been under consideration for road realignment construction for ten years and voiced his support for the removal of the tree for safety reasons at that intersection.
Sims McGrath noted his own numerous observations of high profile vehicles swerving to avoid perceived contact with the tree and stated his opinion that the tree needs to be removed.
Paul O'Connor requested a clarification of the exact location of the tree to be removed, and was informed by Connolly that it is approximately 200’ from the intersection. McGrath noted that the tree is also located approximately 30’ - 40’ from the housing complex.
Seth Wilkinson questioned whether the isolated wetland on the opposite side of the road is outside the 100’ buffer zone.
George Meservey stated that all wetlands in the vicinity are either not located within the 100’ buffer zone or have been fully permitted for the project by the Conservation Commission.
Seth Wilkinson noted that the Highway Manager has ordered the tree to be removed, and noted a lack of any opposition to the proposal.
George Meservey noted that the public was adequately notified of the impending tree removal for safety purposes by the timely posting of the tree and legal advertisements in the Cape Codder newspaper and no opposition was voiced by the public.
The tree hearing was closed and the Planning Board agreed that Dan Connolly (Tree Warden) will make the final decision on the removal of the tree.
Dan Connolly (Tree Warden) made a point of clarification that this is a tree on a non-scenic road and does not fall under the protection of the Scenic Road Tree Act and in response to the numerous safety concerns, Connolly stated his intention to cut the tree down.
REVIEW DRAFT LETTER TO CAPE COD COMMISSION IN SUPPORT OF BREWSTER DISTRICT OF CRITICAL PLANNING CONCERN
Meservey explained that the Cape Cod Commission has received a complete application from the Town of Brewster regarding the designation of a District of Critical Planning Concern entirely within the Town of Brewster which would be up gradient from the Orleans groundwater basin area and therefore impacts the Town of Orleans. Meservey noted that the Town of Brewster should be applauded for taking a holistic view toward protecting and enhancing its future by taking this step. Meservey noted that if this application is accepted by the Cape Cod Commission, it would result in a limited moratorium placed on all new building permits during the time of the review and development of new regulations. Meservey stated that within 12 months (with a possible 3 month extension) regulations would have to be
developed and approved by the appropriate body (such as town meeting or Board of Health regulations). Meservey noted that the Orleans Planning Board could draft a letter of support for submission to the Cape Cod Commission. Wilkinson noted that this proposal would appear to have significant benefits to the watershed and Pleasant Bay watershed. Meservey explained that a District of Critical Planning Concern is a short-term overlay in which a district is set aside and new development is prohibited for a short period of time during which appropriate regulations or bylaws are drafted and adopted. Meservey noted that the Town of Brewster has recognized that there are some real significant planning issues in that area, but does not have the capacity to fully develop all of the necessary regulations. Meservey noted that there might be some environmentally sensitive areas declared for nutrient loading, or there may be zoning changes. Meservey
stated that much of this area is within the two and a half acre zoning district which only allows for limited residential development, but there is also commercial areas. Meservey stated that the Cape Cod Commission will make a decision on whether to accept or reject the application from the Brewster Board of Selectmen at a commission meeting in March. Meservey noted there are concerns about earth extraction, groundwater impacts and impacts from the Sipson’s Purchase legal decision. Wilkinson stated that the Orleans Planning Board letter would be to urge the Cape Cod Commission to accept the Town of Brewster’s application for review. Meservey explained that the application is for the areas in the Town of Brewster that are in a contributing area to a water supply well (Zone 2) area and includes the groundwater
recharge area within Brewster that drains into Pleasant Bay on the eastern side.
MOTION: On a motion by Sims McGrath, seconded by John Ostman, the Planning Board voted to affirm and authorize the Planning Board Chairman to sign a letter supporting the Town of Brewster in their request to the Cape Cod Commission requesting a District of Critical Planning Concern.
VOTE: 5-0-0 The motion passed unanimously.
ARCHITECTURAL REVIEW COMMITTEE ON ZONING BYLAW AMENDMENT
Meservey stated that the Planning Board has requested the Board of Selectmen to place an article on the warrant for the May 2008 Annual Town Meeting that prior to the issuance for a Special Permit for a house that has a footprint or building coverage larger than 4,000 square feet that the Architectural Review Committee would render an advisory opinion to the Zoning Board of Appeals regarding the following two areas that they specialize in: 1) scale; and 2) bulk and massing. Meservey noted that the Chairman of the Architectural Review Committee (not necessarily responding for the full Architectural Review Committee) had a negative reaction to this proposal. Despite the concerns expressed by the Architectural Review Committee Chairman, the Planning Board decided to proceed with the request to have the
article placed on the Annual Town Meeting warrant. Meservey indicated that the limited review and advisory opinion of scale, bulk and massing issues on residential projects would not cause an undue workload for the Architectural Review Committee since it would only involve approximately 5-6 cases per year and the proposal as the support of the Building Commissioner.
CONSENSUS: The Planning Board agreed to have Fallender, McGrath and Meservey
represent them in a meeting with the Architectural Review Committee on this issue on
March 27, 2008.
VILLAGE CENTER PLAN
Meservey updated the Planning Board on the status of the Village Center District Plan on the Town’s Capital Improvement Plan and noted that the Economic Market Study for the Village Center District is not listed until FY ’2010 and the Streetscape is listed for FY ’2011. In light of this information, there was a Planning Board consensus to have the Planning Department reapply for a grant under the License Plate Grant through the Cape Cod Economic Council.
NEW BUSINESS
Comprehensive Wastewater Management Plan
Meservey reported that the Planning Department will be preparing an Annual Comprehensive Wastewater Management Plan status report to be presented at the Annual Town Meeting in May 2008.
Orleans Improvement Association
Meservey stated that he and Fallender have been invited to attend the Orleans Improvement Association annual meeting to discuss Village Center planning. Meservey noted that efforts of the Orleans Improvement Association assisting in the beautification of Orleans. McGrath suggested requesting a letter of support from the Orleans Improvement Association for the License Plate Grant application to the Cape Cod Economic Council.
APPROVAL OF MINUTES: February 26, 2008
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Board voted to approve the minutes of February 26, 2008.
VOTE: 4-0-1 The motion passed by a majority. (Gary Guzzeau abstained).
ADJOURNMENT
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to adjourn
at 7:38 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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