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HomeMy Public PortalAboutPlanning Board Minutes 2013-03-12 ORLEANS PLANNINGBOARD MARCH 129 2013 -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: Chet Crabtree;Vice-Chairman: Steve Bomemeier; Clerk: Charles Bechtold; and John Fallender. Associate: Andrea Reed. Planning Department Staff. George Meservey. Also Present: Board of Selectmen Liaison: Jon Fuller. Absent: Kenneth McKusick and Associate:Paul McNulty APPROVAL NOT REQUIRED APPLICATION, Brehm Family Trust-45 Grandview Drive Meservey explained that Tim Brady(East Cape Engineering)was unavailable to present the application for a simple lot merger through an Approval Not Required Plan that meets all the Approval Not Required filing requirements. Meservey noted there are two lots(one with an existing home)and one is an adjacent lot which will result in one large lot. MOTION: On a motion by John Fallender, seconded by Charles Bechtold,the Board voted to authorize the Planning Board Chairman to endorse the Plan of Land, Grandview Drive&Deer Run,prepared for the Brehm Family Trust by East Cape Engineering,Inc., dated March 6,2013, scale F'=40'. VOTE: 5-0-0 The motion passed unanimously. TOWN MEETING ARTICLES Medical MaE#uana Temporary Moratorium George Meservey stated that based on comments expressed at the public hearing, Town Counsel rewrote the bylaw with a purpose section rather than a resolution style format which does not change the intent of the proposal,just the language. Planning Board members determined that no further action is needed on this item at this time as the original language was already forwarded to the Board of Selectmen with a recommendation to include it on the Town Meeting warrant. NonconLorming Uses and Structures Meservey reminded Planning Board members of a court case which resulted in a change in how the town deals with nonconforming uses and structures. Meservey informed the Planning Board of another court case in the Town of Chatham that changes how nonconforming uses and structures are deal with,which has been appealed to another Planning Board Minutes—March 12, 2013 Page 1 of 4 court system. Meservey stated that Town Counsel feels this issue needs further study before any recommendations can be made on how the Planning Board should proceed. CONSENSUS. Planning Board members determined that no further Planning Board action is needed on this item at this time. Zoning Change Request(Petition Article) Meservey informed Planning Board members of an upcoming town meeting petition article from the Orleans Bowling Alley to change the zoning district for three properties in the Limited Business District back to General Business District in order to add a tavern which is currently limited as to flow under the Town's Nutrient Management Regulations. Meservey stated that the Orleans Bowling Alley has been seeking relief from the Department of Environmental Protection and received approval for a different kind of flow than the standard for a bowling alley. The Board of Health variances will allow him to put in a tavern next to the bowling alley. Meservey stated the bowling alley has the relief that he needs for the use he has proposed to add a 35 seat restaurant to the existing bowling lanes. Meservey noted that the Planning Board will have to hold a public hearing on the petition proposal prior to town meeting. Planning Board members discussed how to proceed and Meservey told them that the foundation of a Planning Board decision of whether to endorse a petition article is to determine whether the article is consistent with the Orleans Comprehensive Plan,and make a required report to the town meeting. Andrea Reed noted that this issue has been brought before the Planning Board previously, and was not endorsed at that time. CONSENSUS. Planning Board members agreed to hold a public hearing on this matter at an upcoming Planning Board meeting. LARGE HOME REGULATION Planning Board members noted that the issue of large home regulations has been discussed at multiple Planning Board meetings, including a public hearing with significant input from residents. Meservey stated he has been trying to find an approach that addresses the concerns about the character of neighborhoods that has been expressed to this board, but also provides for reasonable use of property without unnecessary regulations that are going to delay someone from building a reasonable home. Planning Board members reviewed and discussed the pros and cons of bylaws from towns including Chatham, Wellesley and Cohasset to determine whether any of the aspects of other bylaws could be used in Orleans. Meservey noted that the town currently has nice definitions of gross floor area and building height. Planning Board members discussed the concept of using volume as a possible measuring tool. Planning Board members discussed various building coverage percentage calculations. Planning Board members agreed on the need for new homes to fit the character and general scale of the neighborhood they are built in. CONSENSUS. Planning Board members determined that no further Planning Board action is needed on this item at this time. ZONING REFORM BILL-Planning & Development of Sustainable Communities. Planning Board members reviewed and discussed a proposed Zoning Reform Bill, entitled, "An Act Promoting the Planning and Development of Sustainable Communities", House Bill#1859 - f4 Planning Board Minutes March 12, 2013 Page 2 0 sponsored by Representative Stephen Kulik and Senator Daniel Wolf. George Meservey stated that Massachusetts has the most antiquated zoning rules in the United States with grandfathered structures and lots and confusing land use regulations. COMMITTEE UPDATES Orleans Community Partnership ffallender& BornemeiLejr A report was given on a visit by the Massachusetts Cultural District Committee members with input from various business owners. There are young web developers who are putting on a presentation of a project known as Community Pulse. Community Preservation Committee (Bornemeiejr Bornemeier gave an updated report on Community Preservation Committee actions to include a warrant article for Community Preservation Committee funding to be used to replace the foundation of the Academy of Performing Arts. APPROVAL OF MINUTES. January 29, 2013 MOTION: On a motion by John Fallender, seconded by Steve Bornemeier,the Board voted to approve the minutes of January 29, 2013. VOTE: 5-0-0 The motion passed unanimously. APPROVAL OF MINUTES: February 26, 2013 MOTION: On a motion by Steve Bornemeier, seconded by Andrea Reed,the Board voted to approve the minutes of February 26,2013. VOTE: 5-0-0 The motion passed unanimously. ADJOURNMENT The meeting adjourned at 8:20 p.m. SIGNED: DATE: 2 (Charles Bechtold, Clerk) Planning Board Minutes—March 12, 2013 Page 3 of 4 LIST OF HANDOUTS FOR MARCH 12 2013 PLANNING BOARD MEETING: 1. Approval Not Required application for endorsement for the Brehm Family Trust. 2. Town Meetings Article for a Temporary Moratorium on Medical Maryuana Treatment Centers 3. Chatham Schedule of Dimensional Requirements 4. Wellesley Large House Review&Design Guidelines S. Cohasset Zoning Bylaws-Large House Plan Review 6. An Actpromoting the planning and development ofsustainable communities Z Summary of Zoning Reform Bill 8. Planning Board minutes for January 29, 2013 9. Planning Board minutes for February 26, 2013 I i i I I Planning Board Minutes—March 12, 2013 Page 4 of 4