PLANNING BOARD
March 10, 2009 - 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: Gary Guzzeau; John Ostman. Planning Department Staff: George Meservey; Secretary:
Karen Sharpless. Board of Selectmen Liaison: Jon Fuller. Absent: Chairman: John Fallender; and Kenneth McKusick.
Seth Wilkinson chaired the meeting and requested that John Ostman and Gary Guzzeau vote in absence of Kenneth McKusick and John Fallender.
APPROVAL NOT REQUIRED -THOMAS W. JOY & C. PAGE MCMAHON - 9 MORGAN’S WAY
The applicant, Thomas W. Joy explained the purpose of the Approval Not Required is for a land swap of equal sized upland area between two adjoining lots at 9 & 13 Morgan’s Way. Meservey stated that this filing meets all of the requirements for an Approval Not Required Plan and creates no new non-conformities. Meservey clarified that the panhandle lot frontage has not been affected by the Approval Not Required land swap.
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Planning Board voted to endorse the Approval Not Required plan prepared for Thomas W. Joy and C. Page McMahan, dated February 10, 2009, scale 1” = 40’, prepared by Holmberg and Howe.
VOTE: 5-0-0 The motion passed unanimously.
CHAPTER 91 WATERWAYS LICENSE APPLICATION - J. BRUCE HIRSCHBERG - 47 WHITE’S LANE
Seth Wilkinson recused himself from any discussion on this issue, due to a conflict of interest.
Meservey informed the Planning Board members of the receipt of a Chapter 91 Waterways License Application (as required by the Massachusetts Department of Environmental Protection) from J. Bruce Hirschberg for the reconstruction and relicensing of an existing seasonal pier, ramps and float located at 47 White’s Lane, Orleans, Massachusetts on “The River” (Pleasant Bay). Meservey explained that the new pier, ramps and float will be constructed to current building standards, but will still be dimensionally the same as the existing old pier.
COMMERCIAL VACANCIES
In response to a recent public comment received by the Board of Selectmen regarding commercial vacancies in town, Meservey gave Planning Board members a list of the commercial properties in town that are currently vacant after a tour of town and research into commercial MSL listings on-line. Meservey stated that the two methods of research indicate that there are currently 20 commercial vacancies (approximately a 6% vacancy rate) in town for various reasons, not necessarily as a result of the current economic times. Meservey noted that the usual commercial vacancy rate is approximately 5% in a healthy economy. Planning Board members discussed the list of vacant commercial spaces and suggested adding information on the total square footage of the vacant properties, and forward the information to the Board
of Selectmen for their review. John Ostman requested permission to share the information with the Chamber of Commerce, which was granted. Planning Board members noted that the vacancies are not situated in one part of town, but are scattered throughout the town. Wilkinson noted that businesses must understand the needs of the town in order to provide the right products and services. Wilkinson wondered how the internet affects business sales vs. walk-in traffic. Fuller surmised that some businesses may try to carry products that may be too specialized to succeed in a seasonal economy, rather than burdensome rules and regulations. McGrath noted that there are several properties in town that are chronically vacant regardless of the economic climate and questioned whether rents could be a driving factor. McGrath noted the importance of property owners investing in and maintaining their properties and the resulting success of businesses.
Planning Board members agreed to forward the business vacancy information to the Board of Selectmen for their review.
OLD BUSINESS
VILLAGE CENTER STUDY
Meservey informed Planning Board members of a discussion with Professor Michael Lavin from Suffolk University who offered to assist the town with an Economic Study and will provide an outline of the steps to necessary to study the local economy. Planning Board members discussed the Village Center funding request in the Capital Improvement Plan and noted the need to stress to the Board of Selectmen the importance of planning in town, and particularly in the Village Center, before the wastewater process moves to far along in order to avoid any repetition of construction (such as tearing up roads and sidewalks) in town, so that the two projects can move forward simultaneously. Planning Board members discussed the Economic Study and the Streetscape Study and how they might be coordinated and
funded through the Capital Improvement Plan with Board of Selectmen support.
ZONING ARTICLES
McGrath offered to represent the Planning Board and answer any relevant questions at the Board of Selectmen meeting on March 11, 2009 regarding the proposed Zoning Bylaw Articles and Chapter 83 wastewater legislation.
FORMULA BASED BUSINESS BYLAW
Planning Board members discussed the possibility of renewing research on a proposed bylaw regarding Formula Based Businesses and their impact on town character. It was noted that towns such as Nantucket and Dennis have successfully obtained town meeting approval and Attorney General Certification of formula based business bylaws which Orleans could study and discuss. McGrath noted that there are facilities in town which were built for larger businesses that have adequate parking and exposure, but others do not have that option. Planning Board members agreed that quaint areas of town should be preserved.
MINUTES FOR APPROVAL: February 10, 2009
MOTION: On a motion by Paul O'Connor, seconded by John Ostman, the Board voted to approve the minutes of February 10, 2009.
VOTE: 4-0-1 The motion passed by a majority. (Sims McGrath abstained).
MINUTES FOR APPROVAL: February 24, 2009
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Board voted to approve the minutes of February 24, 2009.
VOTE: 5-0-0 The motion passed unanimously.
ADJOURNMENT
The Planning Board meeting adjourned at 8:05 p.m.
SIGNED: ______________________________ DATE: _______________________
(Paul O'Connor, Clerk)
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