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Home My Public Portal AboutPlanning Board Minutes 2013-01-29 8RLEAh� T0HH CLERY ORLEANS PLANNINGBoARD JANUARY 29,2Ml3-Minutes A meeting of the Orleans Planning Board was called to order at7:O0p.nu. in the Nauuet Meeting Room at the Orleans Town Hall. Present: Chairman: Chet Crabtree; Vice-Chairman: SteveBoroonocinr; Clerk: Charles Bechtold;Kenneth Mcl{usidc and John puOonder;Associates: Paul McNulty and Andrea Reed. Planning Department Staff. George h4eaenvoy. Absent: Board of Selectmen Liaison: Jon Fuller. PROPOSED ZONING BYLAW AMENDMENTS AmendZoning Bylaw Chyj2ter 164-21, Schedule OLLot, Yard and Bulk Requirements Meservey noted there were a lot of constructive and useful comments made by residents at the recent Planning Board public hearing for proposed zoning amendments,which have been used to review and revise the content and intent of the proposed Large Home Regulation bylaw. Planning Board members reviewed information regarding four examples of parcels with varying lot sizes using two alternative approaches which include the following: 1)Floor Area Ratio (FATl); and 2)Net Living Area(NLA). Meaervey stated that currently there i000 limit onFloor Area Ratio iu the Residential District. Meaervey noted that currently Net Living Area imnot regulated in town. Planning Board members discussed various ououudoo and tried tu dctoonioo the best way of regulating large home sizes, and how to help maintain the character of neighborhoods. Bechtold noted that people will want the capability to renovate and possibly enlarge their homes and not remain ao small cottage sized dwellings,ymtionlork/ifdheyrviUhc used ua year-round homes. Planning Board members discussed additional criteria that could he used hv the Zoning Board of Appeals to authorize the granting ofu Special Permit. Planning Board members discussed how to deal with the issue of large structures negatively impacting the appearance ofaneighborhood. MOTION: Oou motion 6v Kenneth MuKmoiul, seconded bv John D7uIlmmder,the Board voted to advertise the proposed Zoning Bylaw Chapter 164-21, Schedule of Lot, Yard and Bulk Requirements, an amended, for u public hearing utthe Planning Board meeting ou February 26, 2Ol3 VOTE: 5-0-0 The motion pummmd unanimously. NonconLorming Structures Mouervey noted that olthe public hearing there were comments made bya past and current member 0fthe Zoning Board of Appeals about the proposed change which would allow alterations to non-conforming structures through the Special Permit process, not Planning Board Minutes—JamumT29, J0/9 Pagel of through a variance process,provided they are not found to be more detrimental to the neighborhood. Meservey stated that Town Counsel provided a letter which raised a couple of issues, and Planning Board members discussed the following comments made by a current and a former Zoning Board of Appeals members at the public hearing: . ➢ Robert Osterberg objected because it was based on a single court case at an intermediate level and is not set as law,allowing new dimensional non-conformities is in conflict with the purposes of zoning and it is premature to amend the bylaw. ➢ Greg DeLory had an objection that this amendment would water down enforcement to make it more beneficial for a property to be non-conforming. Planning Board members reviewed the following comments in Town Counsel's letter dated January 28, 2013: "With respect to Mr.Osterberg's objection,I note that the Gale decision is an Appeals Court case and thus is the law. (Also the SJC declined further review of the Gale decision) Accordingly,allowing new dimensional nonconformities to a pre-existing nonconforming structure by a special permit is in accordance with the provisions of G.L.c.40A, §6,provided the necessary finding is made." "With respect to Mr.DeLory's objection,the proposed amendment does not water down the zoning enforcement,rather it brings the Bylaw into compliance with the provisions of G.L.c.40A, §6 which grants special treatment to single and or two-family residential structures." MOTION: On a motion by John Fallender, seconded by Charles Bechtold,the Board voted to forward the proposed zoning bylaw amendment regarding non-conforming structures to the Board of Selectmen for inclusion on the May 2013 Town Meeting Warrant. VOTE: 5-0-0 The motion passed unanimously. Amend Zoning Bylaw Chapter 164-40.3, Temporary Moratorium on Medical Marijuana Treatment Centers Meservey informed Planning Board members that a law passed in November allowing dispensaries of marijuana for medical purposes, and the Board of Selectmen was concerned enough about this that they requested the Town Administrator review with Town Counsel the development of a moratorium to allow the town to wait for the Department of Public Health to issue regulations and be able to respond effectively to ensure that if such a use is in Orleans,it is situated in the appropriate location and handled properly. Meservey stated the proposal is for a moratorium,which as proposed,would be in effect until January 1, 2014,but Town Counsel agreed earlier in the day that July 1, 2014 would be a more appropriate date which would eliminate the need for a Special Town Meeting to deal with a relatively minor zoning issue. Meservey stated this is a moratorium to allow further study similar to other towns in the Commonwealth. Meservey noted that the law provides that there will be at least one such facility in each county in the Commonwealth(not more than five in any county)for a total of 35 across the State. Meservey state the Police Chief has expressed his concern that Orleans not be left exposed without a regulation in place at the right time. Planning Board Minutes—January 29, 2013 Page 2 of 3 MOTION: On a motion by Steve Bornemeier, seconded by Charles Bechtold,the Board voted to hold a public hearing on the proposed zoning Bylaw Amendment under Chapter 164-40.3,Temporary Moratorium on Medical Marijuana Treatment Centers on February 26,2013. VOTE: 5-0-0 The motion passed unanimously. COMMITTEE UPDATES Orleans Communi!y Partnership Fallender gave a report on ajoint informational committee meeting as well as ongoing activities in town such as the upcoming Cultural Council tour on February 13, 2013. Andrea Reed pointed out the blue LED lights all over town at 44 businesses meant to signify that Orleans is open year-round for business and pleasure. Crabtree referred to a recent article in the Cape Codder newspaper regarding improvements in town, including a newly constructed sidewalk between Main Street and Cove Road, known as "Theresa's Way"in honor of philanthropist, Theresa Cummings who donated the land used for the "Old Firehouse". APPROVAL OF MINUTES: January 15, 2013 MOTION: On a motion by Kenneth McKusick, seconded by John Fallender,the Board voted to approve the minutes of January 15, 2013, as amended. VOTE: 4-0-1 The motion passed by a majority. (Steve Bornemeier abstained). ADJOURNMENT MOTION: On a motion by John Fallender, seconded by Steve Bornemeier, the Board voted to adjourn at 8:20 p.m. VOTE: 5-0-0 The motion passed unanimously. SIGNED J: I/ DATE: (Cheirles Bechtold, Clerk) LIST OF HANDOUTS FOR JANUARY 29, 2013 PLANNING BOARD MEETING: 1. Alternative Approaches to Large Home Regulation 2. Public Hearing Notice for Proposed Zoning Amendments 3, Planning Board minutes for January 15, 2013 Planning Board Minutes—January 29, 2013 Page 3 of 3