PLANNING BOARD
JANUARY 22, 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; John Ostman. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller. Absent: Kenneth McKusick;
7:00 P.M. – DEFINITIVE SUBDIVISION PUBLIC HEARING - EASTWARD HOMES - 48 PORTANIMICUT ROAD
Seth Wilkinson recused himself as an abutter to this property and John Ostman was requested by the Chairman to vote as a Regular Member. Kenneth McKusick was absent from this meeting and the Chairman requested that Gary Guzzeau vote as a Regular Member.
O’Connor read legal ad into the record. McGrath made a disclosure that he is an elected member of the Board of Health and has sat in meetings where there was an opinion on this matter and moved to approve this proposal at the Preliminary stage and offered to recuse himself if the applicant’s agent felt that would be appropriate. Phil Scholomiti (Ryder & Wilcox) stated that he has no concerns with McGrath’s involvement on the voting for the Definitive Plan for Eastward Homes for property located at 48 Portanimicut Road.
Phil Scholomiti (Ryder & Wilcox) presented the Definitive Subdivision Plan prepared for Eastward Homes. Scholomiti noted that a Preliminary plan was filed for this residentially zoned property situated on the north side of Portanimicut Road in Groundwater Protection District #3. Scholomiti stated that the division of property creates four proposed building lots with adequate frontage along the proposed 33’ wide right-of-way to be known as Lindsay Lane. Scholomiti stated that Lots 1 & 2 have in excess of the required minimum 50’ of arc frontage along the cul-de-sac, and Lots 3 & 4 have in excess of the minimum 150’ of frontage along the tangent or straight away. Scholomiti declared that all four lots have in excess of 40,000 square feet of buildable upland, and
meet the shape factor. Scholomiti announced that the existing dwelling on Lot 2 will be removed. Scholomiti stated that access for the proposed subdivision will be over a proposed 14’ wide asphalt roadway approximately 600’ in length to accommodate the 16’ vertical grade change from Portanimicut Road to the cul-de-sac. Scholomiti stated that the existing paved driveway from Portanimicut Road to the existing house will be removed and replaced with the proposed paved roadway.
Scholomiti stated that the Definitive Subdivision Plan and Plan and Profile incorporate the recommendations made by various town boards, including Board of Health concerns regarding road runoff which will be handled via two subsurface drainage systems. Scholomiti informed the Planning
Board that a hood will be provided with catchbasins to provide for the separation and containment of hydro-carbons. Scholomiti suggested that a Maintenance Agreement be implemented to ensure that the subsurface drainage continues to function properly into the future. Scholomiti stated that a note has been provided on the plan stating that all lots shall be served by town water. Scholomiti noted that Board of Health’s concerns with cultivation on the four proposed lots and their concerns that future owners be limited in the cultivation of lots, particularly due to the location in Groundwater Protection District #3. Scholomiti explained a note on the plan that refers to the requirement that at least 30% of the lot area is to be retained in its natural state and no more than 40% of each lot
shall be rendered impervious. Scholomiti indicated another note on the plan that states that no variances shall be granted by the Board of Health.
Scholomiti stated that two fire hydrants will be provided at each end of the road (one on Portanimicut Road and the second on at the far end of the cul-de-sac), as requested by the Fire Department. Scholomiti reported that the water service to the existing house will be cut and capped, and written notice will be provided to the Water Department. Scholomiti stated that the flagstone patio has been removed and all 18” or greater trees have been located and flagged for preservation and are duly noted on the Plan and Profile and are located outside the proposed roadway. Scholomiti said that all sediment will be contained during road construction and areas will be loamed and seeded as required in the Subdivision Rules and Regulations. Scholomiti suggested that the Planning Board
include the notes in the Statement of Conditions as a notice to future lot owners of all of the requirements for this subdivision. Phil Scholomiti (Ryder & Wilcox) stated that this Definitive Subdivision Plan meets all of the Town of Orleans Rules & Regulations and no waivers have been requested.
Correspondence
Meservey stated that no correspondence was received on this application.
Planning Board Discussion
Meservey stated that this application is consistent with the Preliminary Subdivision Plan that was filed and agreed with Scholomiti’s suggestion to include notes in the Statement of Conditions and to require a surety for improvements. The Planning Board discussed the length of the proposed road and determined that it does not exceed 600’ and therefore does not require a waiver from road length.
Public Comments:
Lawrence Diaz (on behalf of abutter, Gloria Diaz) stated that concerns about the subdivision have been addressed satisfactorily by the developer, and there are no further objections to the creation of the subdivision.
Jimmy Dishner questioned the timing of perk tests, storm drainage and moving the percolation field and whether trees would need to be cut down.
Meservey responded that the lots do not have to be perked until buildings are ready to be built and this is the highest point in the area and would be less susceptible to storm drainage.
Jimmy Dishner questioned if there is a requirement for proposed citing.
Meservey stated that the Health Department would need to approve the septic plans and would support the retention of trees thus precluding the necessity for clear-cutting. Meservey noted that if the subdivision is approved, there is an appeal period.
Jimmy Dishner questioned how this proposal relates to future wastewater management plans where new houses would be restricted to 1 bedroom per 10,000 square feet and Meservey responded that this proposal may be grandfathered in.
Don Barlow questioned an ongoing dispute regarding a 10’ wide gully road (which is a paper road) between abutting properties, and Scholomiti stated that as part of land-courted property, it has been determined that it is located on Barlow’s property.
MOTION TO CLOSE EVIDENTIARY PORTION
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to close the evidentiary portion of the public hearing for the Definitive Subdivision Plan prepared for Eastward Homes Business Trust, dated December 3, 2007 scale 1” = 50’, for land located at 48 Portanimicut Road, by Ryder & Wilcox, Inc.,
VOTE: 5-0-0 The motion passed unanimously.
MOTION TO APPROVE:
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to approve the Definitive Subdivision Plan prepared for Eastward Homes Business Trust, dated December 3, 2007 scale 1” = 50’, for land located at 48 Portanimicut Road by Ryder & Wilcox, Inc., subject to the following conditions:
The existing water service to 48 Portanimicut Road shall be cut and capped and the home shall be removed.
All proposed lots shall be served by town water.
All Board of Health comments and conditions shall be met.
A Maintenance Agreement for the inspection and maintenance of the stormwater drainage system to be executed and filed with the Planning Office.
Groundwater Protection District #3 requirements as enumerated on the plan will become part of these conditions.
A Surety will be provided for the construction according to Plan and Profile included in this filing.
VOTE: 5-0-0 The motion passed unanimously.
Discussion of Surety
The Planning Board held a discussion of the type of Surety that would be required for this subdivision proposal and agreed that the town will hold the lots as surety until all work has been completed as required.
Scholomiti agreed to provide a Covenant and Maintenance Agreement to the Planning Department.
APPROVAL NOT REQUIRED - CAPE TRADEWINDS II REALTY TRUST - 8 & 14 CANAL ROAD
Attorney Bill Reilly presented an Approval Not Required Plan prepared by Coastal Engineering for Cape Tradewinds II Realty Trust for the division of Lot 1 into 2 lots (one of them will be unbuildable triangle of land and will be conveyed to the motel next door in a land swap) for property located at 8 & 14 Canal Road. George Meservey stated that the proposed Approval Not Required plan meets all of the submittal requirements and this proposal freezes the zoning uses for this property for three years.
MOTION TO ENDORSE: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for Cape Tradewinds II Realty Trust, dated January 4, 2008, scale 1” = 30’, prepared by Coastal Engineering.
VOTE: 5-0-0 The motion passed unanimously.
Seth Wilkinson returned to the meeting and will vote as a Regular Member.
REQUEST TO NAME A PRIVATE WAY AS “BUTCHER’S WAY”
Meservey explained that Peter Butcher plans to build a house on a parcel where Ship’s Knees Inn is located which is comprised of three paper lots. Butcher has stated his intention to demolish the existing tennis court and has requested to name a new private way accessing one house lot as “Butcher’s Way”. Meservey stated that town policy does not advocate the naming of a private way for single lots, usually only done for two or more houses on a private way. This perspective was confirmed with the Acting Fire Chief. The Planning Board discussed the request and made a determination to disapprove the request to name a private road for a single house and have the Planning Department assign Lot 2 as182 Beach Road.
MOTION TO DISAPPROVE: On a motion by Sims McGrath, seconded by Paul O'Connor, the Planning Board voted to disapprove the request for the naming of Butcher’s Way (a 20’ unconstructed private way) shown on Map 29, Parcel 82, known as 186 Beach Road and to give Lot 2 the street number of 182 Beach Road.
VOTE: 4-0-1 The motion passed by a majority. (John Ostman abstained).
PROPOSED ZONING BYLAW AMENDMENTS
There was a consensus of the Planning Board that based on comments heard at meetings and at the public hearing on January 8, 2008, the following proposed bylaws will be considered as to whether they should be forwarded to the Board of Selectmen for inclusion on the Annual Town Meeting in May 2008.
- Amend the Zoning Bylaws Section 164-6 Zoning Map
MOTION: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Board voted to forward the proposed zoning bylaw on Chapter 164-6 regarding changes to the zoning map to the Board of Selectmen for inclusion on the Annual Town Meeting warrant in May 2008.
VOTE: 5-0-0 The motion passed unanimously.
- Chapter 164-21: Amend the Zoning Bylaws Section 164-21 Schedule of Lot Yard and Bulk Requirements.
Fallender read a letter from the Architectural Review Committee into the record and noted they state that review of private homes is not within their authority.
McGrath stated that the Planning Board has received many requests from the citizens, and that it would be best to let town meeting decide. McGrath noted that as part of the process for allowing a Special Permit, the Zoning Board of Appeals may request an opinion from the Architectural Review Committee on specific aspects of a project.
Fallender read a letter from Jeff Karlson into the record.
McGrath noted that the authority of the Architectural Review Committee is clearly spelled out in regulations and it gives the Zoning Board of Appeals grounds in which to request modifications to a plan. McGrath stated that this is a significant concern in town as noted by comments received by the Planning Board.
Guzzeau referred to an article regarding private home review in Norwell and the courts sided with the town on the issue.
The Planning Board discussed the opinion stated by the Architectural Review Committee in their letter and agreed that this should be discussed at town meeting.
O'Connor noted that people can voice their concerns through town meeting as to whether they feel projects are offensive to the character or nature of the town.
Thomas Joy questioned whether this would be cover the whole town and noted that the Historic District has their own criteria which is difficult when you are making judgmental decisions. People in town don’t want large houses, but “each man should have his own castle”.
McGrath concluded that no part of this process asks for suitability of architectural style, details, or materials, but it deals with massing, size, the effect on the surrounding neighborhood and how the structure is sited on the parcel. McGrath stated that the objective is not to hem in an applicant, but to encourage applicants to site dwellings appropriately on the parcels.
Thomas Joy stated that the idea of bulk, size, etc. opens the Zoning Board of Appeals up to nitpicking in their hearings where abutters could pick on other lots.
Fallender questioned jurisdiction between the Historic District, Architectural Review Committee, and Old King's Highway Historic District.
Meservey stated that Old King's Highway Historic District is under a separate authority and there is a separate process for large homes through the Zoning Board of Appeals. Meservey noted that there are only 4-5 applications per year and this would not be a big burden for the Architectural Review Committee to work with the Zoning Board of Appeals.
McGrath declared that this would not be proposing a new Special permit process, it is only a matter of the Zoning Board of Appeals obtaining an opinion from the Architectural Review Committee. McGrath noted that the Old King's Highway Historic District takes precedence in standards over the Zoning Board of Appeals with or without advice. McGrath noted that
§164-33.1.c authorizes the Architectural Review Committee to issue findings on projects referred by Zoning Board of Appeals.
MOTION: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Board voted to forward the proposed zoning bylaw on Chapter 164-21 regarding changes to the Schedule of Lot Yard and Bulk Requirements to the Board of Selectmen for inclusion on the Annual Town Meeting warrant in May 2008. The Planning Department will incorporate comments from town counsel.
VOTE: 5-0-0 The motion passed unanimously.
3. Amend the Zoning Bylaws Section 164-4 Definitions
MOTION: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Board voted to forward the proposed zoning bylaw on Chapter 164-4 regarding changes to the definitions for “Buildable Upland” and “Apartments” to the Board of Selectmen for inclusion on the Annual Town Meeting warrant in May 2008.
VOTE: 5-0-0 The motion passed unanimously.
4. Adopt Formula-Based Business Bylaw
Fallender indicated that the Planning Board received vastly different opinions on the proposed Formula-Based Business Bylaw from business owners and residents. Planning Board members agreed that comments received on this issue need further review before the Planning Board would be willing to forward this for a town meeting vote. Fallender noted the comments received about the numerous empty commercial spaces and the need to fill them in order to maintain a vibrant community. Planning Board members discussed raising square footage requirements to control business growth, such as commercial projects over 20,000 square feet, or restaurants over 5,000 square feet. Planning Board members discussed how to determine what areas of town to apply the requirements
in, and whether it would be prudent to limit it to certain areas of town. McGrath noted the importance of crafting a bylaw that will be supported by the Attorney General’s Office.
Planning Board members agreed that this proposal is not ready to be forwarded for a town meeting vote this year and needs further research.
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted indefinitely postpone a proposed zoning bylaw regarding Formula-Based Businesses.
VOTE: 5-0-0 The motion passed unanimously.
Seth Wilkinson left the meeting and Gary Guzzeau agreed to vote as a Regular Member.
UPDATE ON ROAD IMPROVEMENT PROJECTS
Lots Hollow Road
Meservey reported that the project is waiting for bids to come back by January 31, 2008 and there were 5-6 interested contractors at a pre-bid conference. Meservey expressed the hope that the project will be completed by Memorial Day, and should progress quickly with minimal disruptions on the roadway.
Finlay Road and Route 28
Meservey stated that this project is expected to start in the spring (with signs already posted) and progress through two building seasons.
Route 28 / Route 6A / Canal Road
Meservey stated that the intersection of Route 28/Route 6A/Canal Road has been re re-listed as a project on the Transportation Improvement Program (TIP) list for the county and needs to progress to a project design phase.
OLD BUSINESS
Report on Land Use Reform Meeting
Planning Board members reported on a Land Use Reform Meeting attended recently by George Meservey, Sims McGrath and John Fallender. One of the issues that was discussed at that meeting was the elimination of Approval Not Required plan approvals. Meservey reported that the bill would require parts of town to be designated as ¼ acre zoning, and noted that this is not a good approach for Orleans. McGrath noted that the Cape Cod Commission has allowed the Cape to be surprisingly far ahead of the curve in the State, but there are no regional allowances in the bill. Fallender noted that Massachusetts is the only state where Approval Not Required’s are allowed. McGrath noted that Massachusetts has the most liberal grandfathering.
Wastewater update
McGrath reported on recent wastewater presentations to the Board of Selectmen and public meetings with the assistance with the town’s wastewater consultant, Michael Giggey (Wright-Pierce). McGrath noted that the multiple plans have been whittled down to three and will be further whittled down to one viable option for the town.
Checkerboarding
McGrath reported on his attendance at a congressional hearing in Boston regarding checkerboarding and noted that Representative Sarah Peake made a good presentation to the subcommittee in favor of the proposed legislation which was very well received. McGrath noted that there is an Executive Wastewater Summary on the town’s website.
APPROVAL OF MINUTES: January 8, 2008
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Board voted to approve the minutes of January 8, 2008.
VOTE: 5-0-0 The motion passed unanimously.
ADJOURNMENT
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to adjourn at 8:40 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
| 
