HomeMy Public PortalAboutPlanning Board Minutes 2013-01-15 ORLEAN� T0WH CL��
ORLEANS PLANNINGBOARD
JANUARY %5,2013-Minutes
/\meeting nf the Orleans Planning Board was called to order u17:0Op.ru. in the Nuuset Meeting Room at
the Orleans Town Hall. Present: Chairman: Chet Crabtree; Clerk: Charles Bechtold;Kenneth
Mc}{uaickuud Jobnyu]lender. Associates: Paul McNulty and Andrea Reed.
Planning Department Staff: GmorAcMeuovey; and Secretary: [{ucen Sboqp|cso.
Also Present: Board wfSelectmen Liaison: Jon Fuller.
Absent: Vice-Chairman: 8teve£}omemueiex.
Cboinouw Crabtree requested that Andrea Reed vote in the absence of Steve J3ormmumior at this meeting.
PRELIMINARY SUBDIVISION PLAN - COFFMAN PORTANIMICUT ROAD NOMINEE TRUST AND
ROBERT A. MOSS, JR. - 84 & 90 PORTANIMICUT ROAD
Tim Brady(East Cape Engineering)presented a Preliminary Subdivision Plan for Coffman Portanimicut
Road Nominee Trust and Robert/\.Moss,Jr.,for properties located u184 &90Portuuioui»odRoad.
Brady noted that the subdivision currently consists of two properties with two owners who plan k/merge
the two existing lots and create a subdivision with three lots on a 33' wide rural road with a 14' grzmc|
surface. Brady ok�cdthe Preliminary subdivision plan noe«10 all of the frontage, lot meaand lot shape
requirements ua well un the road profile design. Brady stated the applicants would like 0n request that
the Planning Board waive the requirement for town water. Brady noted there ioan existing fire hydrant
which will need to be relocated and he has already spoken to the Fire Department. Brady stated that the
Fire Department has requested that no trees be planted in the cul-de-sac or within 6' of the property in
order\o maintain uo adequate radius for maneuvering emergency vehicles. Brady stated the plan will
undergo Board of Health review regarding a request for a waiver of the town water requirements and well
installation.
Meaerveymted the need to collect runoff water into catch basins and sediment control during
construction. Planning Board members agreed that the usual practice iutorequire town water besupplied
to all of the lots.
MOTION: Qnu motion hv John]Pallmndmr, seconded hvKenneth MeKmmiok,the Board voted
to approve the Preliminary Subdivision Plan prepared for Coffman Portanimicut Rd Nominee
Trust&Robert Moss,lr.`revised November l9,20l2, scale l`�=4U", for land located ad84 &90
Portanimicut Road subject to the following conditions:
l. Access all lots abullhe via the proposed subdivision road.
2, A water main and hydrant must bm installed ou the proposed road iu compliance with the
Subdivision Regulations.
3. Plan and pmufi|eof the proposed road must show utilities bnu/odbugdounvvotermyotemu.
VOTE: 5-0-0 The motion pmmmmd unanimously.
Planning Board Minutes—January/5, 20/3 Page lof7
APPROVAL NOT REQUIRED - KATHERINE H. UDALL—35 KEZIAH'S LANE
Bob Freeman(Schofield Brothers)presented an Approval Not Required Plan for Katherine H. Udall,for
property located at 35 Keziah's Lane. Freeman stated the plan is for two lots consisting of 3.8 acres with
existing dwellings and frontage on Keziah's Lane. Freeman stated that the minimum 150' frontage has
been maintained with a paved lane the length of property.
MOTION: On a motion by Kenneth McKusick, seconded by Andrea Reed,the Board voted to
authorize the Planning Board Chairman to endorse the Approval Not Required Plan prepared for
Katherine H.Udall, dated December 17,2012, scale 1"=40',prepared by Schofield Brothers.
VOTE: 5-0-0 The motion passed unanimously.
APPROVAL NOT REQUIRED-JEFFREY H.TALMADGE &JOAN REESE TALMADGE- 12 & 14
FELLS LANE
Phil Scholomiti(Ryder&Wilcox)presented an Approval Not Required plan for Jeffrey H. Talmadge and
Joan Reese Talmadge for property located at 12& 14 Fells Lane. Scholomiti stated the property is
located on the westerly side of Fells Lane in the Residential Zone. Scholomiti declared the property
shown as two individual lots on an existing Land Court Plan. Scholomiti presented the Approval Not
Required Plan to combine two lots into one has been pre-filed with the Land Court and approved for
content and construction.
MOTION: On a motion by Chip Bechtold, seconded by Kenneth McKusick,the Board voted
to authorize the Planning Board Chairman to endorse the Approval Not Required Plan prepared
for Jeffrey H. Talmadge and Joan Reese Talmadge, dated September 21,2012, scale 1"=30',
prepared by Ryder&Wilcox.
VOTE: 5-0-0 The motion passed unanimously.
7:15 P.M. - PUBLIC HEARING-ZONING BYLAW AMENDMENTS
Chairman Crabtree opened the Public Hearing for proposed zoning hylaw amendments at 7:21
p.m. There were 17people in the audience
Amend Zoning Bylaw Chapter 164-21,Schedule of Lot, Yard and Bulk Requirements
Planning Board members discussed the reasoning behind a proposed zoning bylaw amendment
under Chapter 164-21, Schedule of Lot,Yard, and Bulk Requirements to deal with dwellings over
4,000 square feet and how they impact the character of surrounding neighborhoods. Meservey
explained that there are Special Permit requirements under the Zoning Board of Appeals.
Meservey explained that the Zoning Board of Appeals would have new proposed criteria stated
below:
To see if the Town will vote to amend the Definitions section 164-21 to add a new section D. to read:
D. In addition to the Criteria in Section 164-44 C.,a Special Permit to exceed 4,000 square feet
of building coverage in a Residential District may not be granted unless the Zoning Board of
Appeals specifically finds each of the following:
Planning Board Minutes—January 15, 2013 Page 2 of 7
1. The new buildings)or addition(s)will be set back at least two times the required side
and rear yard dimensions.
2. The building(s)will not be more than 25%larger in building coverage or building
volume above grade than the average building coverage and building volume of other
buildings on the lots that are located within 500 feet of the building lot. If there are no
buildings within 500 feet of the lot,this section shall not apply.
3. There should be an overall relationship between the building size, height&scale and
the lot that is consistent with surrounding properties.
4. The building(s)will successfully integrate into its surroundings and be sited in a
manner that minimizes to the extent practical the appearance of mass from the
streetscape or negative impact(s)on neighborhood views and vistas.
Correspondence was received and read into the record from the following residents:
A. E-mail from Paul&Margaret Colleran, dated 111412013
B. E-mail from Elizabeth Kenna, dated 111412013
C. E-mail from Marvin Corlette, dated 111212013
D. E-mail from Anne Minotti, dated 111212013
E. E-mail from Lucinda Presnall, dated 111312013
F. E-mail from Ellen Dickinson, dated 111412013
G. E-mail from Allison&Jim Jackson, dated 11712013
Public Comments:
Carl Trevison(Doane Rd)stated that the town of Orleans is at a crossroads with regards to how to
handle the issue of large homes and still maintain the character and charm of town.
David Lyttle(Ryder&Wilcox)showed an example of how the proposed setbacks could be
problematic.
George Meservey agreed that condition 2 may need further review.
David Lyttle(Ryder&Wilcox)responded that it would be difficult to determine volume of
neighborhood homes.
George Meservey noted that additional database information is not available at this time.
Meservey stated that there has been a proposal to use Net Living Area(NLA).
David Lyttle(Ryder&Wilcox) stated his opposition to condition 1 also and recommended that it
not be included.
Jim Trainor(Beach Road) stated his opposition to the bylaw,particularly the reference to side and
rear setbacks and the resulting possibility of limitations on the width of some houses.
Trainor stated that condition#4 would be subjective regarding what could be done to a
property which could amount to a view or vista easement to surrounding homes and
could lead to future litigations.
Rigney Cunningham(Nauset Road)declared that the house at 47 Nauset Road has changed the
neighborhood forever. Cunningham stated that ongoing need to preserve the unique
character and attractiveness in town by not allowing houses to overshadow
neighborhoods.
Planning Board Minutes—January 15, 2013 Page 3 of 7
Robert Osterberg(Freeman Lane)stated his opposition to the proposed bylaw amendment and
stated it needs further investigation. Osterberg said that the language in#3  is vague
and hard to deal with and will be no help with Zoning Board of Appeals deliberations.
Hank Schumacher(Nauset Heights Road) indicated he is in favor of all of the points in the
proposed bylaw amendment and noted that most larger homes are not used year found
and do not support the local economy. Schumacher urged Planning Board members to
help keep Orleans rural and affordable for future generations. Schumacher stated the
need for neighbors to keep communicating with each other.
Tom Reinhardt(Wellfleet)stated the proposed bylaw amendment is not onerous and suggested
that Net Living Area(NLA)is a better way to determine mass,not building coverage.
Greg Delory(Zoning Board of Appeals—speaking as private citizen) suggested using gross floor
area ratio to determine the sizes of structures.
Andrea Reed clarified with George Meservey that Massachusetts has no provision for the
protection of views in Massachusetts law.
Consensus: There was a Planning Board consensus that further research needs to be done
before this bylaw is ready for town meeting action.
Amend Zoninm Bylaw, Chapter 164-4,Definitions: Buildable Upland
Planning Board members discussed a proposed amendment to the definition of Buildable Upland
in order to coordinate more consistent interpretations and add terms from the Massachusetts
Wetlands Protection Act,MGL C. 131, §40 as shown below:
To see if the Town will vote to amend the Zoning Bylaws, Section 164-4, Definitions,to amend the
following definition:
Buildable Upland: That land which is contiguous,not in the Conservancy District,and which is not a a
swamp,pond,bog,dry bog,salt marsh,coastal bank,coastal beach,coastal dune,(b)areas of exposed
ground water.LcLan4wWw*4&-P,9t subject to flooding from storms and mean high tides and d is not
located in the FEMA flood zone 100-year base flood elevation. (See§164-23 and§164-20). The terms
"swamp,""pond,","salt marsh, "coastal bank,""coastal beach,"or"coastal dune,"as used in this
section,shall be defined as in the Massachusetts Wetlands Protection Act,MGL C.131,§40,and the
regulations issued thereunder,310 CMR 10.04,as of May,2008.
Public Comments:
There were no public comments
MOTION: On a motion by John Fallender, seconded by Chip Bechtold,the Board
voted to approve the proposed zoning bylaw,Chapter 164-4,Definitions: Buildable
Upland and it forward to the Board of Selectmen for inclusion on the town meeting
warrant.
VOTE: 5-0-0 The motion passed unanimously.
Planning Board Minutes—January 15, 2013 Page 4 of 7
Amend Zoning Bylaw Chapter 164-4,Definitions:Dog Kennels
Planning Board members discussed a proposed zoning bylaw amendment regarding the definition
of dog kennels as shown below:
To see if the Town will vote to amend the Zoning Bylaws, Section 164-4, Definitions,to amend the
following definition:
Dog Kennels—One pack or collection of dogs on a single lot, maintained for breeding,
boarding,sale,training,hunting or other commercial purposes and specifically including
every pack or collection of more than three dogs three months old or over,owned or kept
on a single lot for any purpose,other than 3 or more dogs kept solely as personal pets of
the owner of the dogs.
Public Comments:
Jon Fuller(Board of Selectmen)reminded Planning Board members that the Orleans General
Bylaws will need to be updated after holding a public hearing.
MOTION: On a motion by Kenneth McKissick, seconded by John Fallender,
the Board voted to approve and more forward to Board of Selectmen for
inclusion on town meeting warrant.
VOTE: 5-0-0 The motion passed unanimously.
Amend Zoning Bylaw, Chapter 164-3,Nonconforming Structures
Planning Board members discussed the following proposed zoning bylaw amendment:
To see if the Town will vote to amend the Zoning Bylaws, Section 164-3,Applicability, by revising
subsection C. Nonconforming Structures and Uses. (b)and (c), as follows:
(b) EXGept as ethen•,ise oe+forth in (,) below,Alteration to a nonconforming single or two
family residential structure that increases the nonconforming nature of the structure,
including those alterations which result in the creation of a new dimensional
nonconformity,an intensification of an existing nonconformity by extending further
into a required setback area or an increase in the height of the structure greater
than the allowed height, may be allowed on Special Permit from the Board of Appeals
provided the Board of Appeals finds that such alteration will not be substantially more
detrimental to the neighborhood than existing nonconforming structure.
n}a;,;er as te: 1}GFeate a new dimensional r enfeFmi+., or 2)intensify aR
,iStiRg nenaenferm by e)+endin„fahher inte a required setback area, er 3`
.o g„ TG,T�n«„a„.9 R �
the is of a varianne by the Board of Anneals and the Special Demmi+
finding Fequired Under. smu-b-cstaGtion(b). Pr-ovided, however,the ekdension of-an ekdearier
Public Comments:
Robert Osterberg(Freeman Lane) stated his opposition to the proposed zoning bylaw and stated it
is premature.
Greg Delory(Zoning Board of Appeals—speaking as private citizen) stated his opinion that the
proposed zoning bylaw waters down ordinances and penalizes new homeowners because
they can't expand into any kind of non-conforming space.
Planning Board Minutes—January 15, 2013 Page 5 of 7
Consensus. There was a Planning Board consensus that further research needs to be done
before this bylaw is ready for town meeting action.
MOTION TO CLOSE PUBLIC HEARING
MOTION: On a motion by John Fallender, seconded by Kenneth McKusick,the Board voted
to close the public hearing for proposed zoning bylaw amendments at 8:42 p.m.
VOTE: 5-0-0 The motion passed unanimously.
MAIN STREET DESIGN CONCEPT
Planning Board members reviewed various design concepts for automotive,bicycle and pedestrian traffic
in various downtown areas of town. Meservey pointed out design concepts such as bump outs,
designated turn lanes,walk lights,etc. designed to increase flow through town.
COMMITTEE UPDATES
Board of Water& Sewer Commissioners (Kenneth McKusick)
Kenneth McKusick gave a report regarding current and future Board of Water Commissioners
and Water Department activities.
Orleans Community Partnership (John Fallender)
John Fallender gave a report on recent meetings and activities of the Orleans Community
Partnership.
CORRESPONDENCE
• Memorandum to Board of Selectmen entitled,"Right to Farm Bylaw Proposal", dated December
7, 2012
• Memorandum to Board of Selectmen entitled,"Fertilizer Management Recommendations", dated
November 30, 2012
APPROVAL OF MINUTES: December 4 2012
MOTION: On a motion by John Fallender, seconded by Andrea Reed,the Board voted to
approve the minutes of December 4, 2012.
VOTE: 5-0-0 The motion passed unanimously.
Planning Board Minutes—January 15, 2013 Page 6 of 7
UPCOMING PLANNING BOARD MEETINGS
• January 29, 2013
• February 12, 2013
ADJOURNMENT
MOTION: On a motion by Kenneth McKusick seconded by Andrea Reed,the Board voted to
adjourn at 9:10 p.m.
VOTE: 5-0-0 The motion passed unanimously.
I / -,,?
SIG ED:
N- / I DATE: (.J
(Cha"rles Bechtold, Clerk)
LIST OF HANDOUTS FOR JANUARY 15, 2013 LANNING BOARD MEETING:
-1) Preliminary Plan for Coffman Portanimicut Road Nominee Trust and Robert A. Moss, Jr., 84&90
Portanimicut Road
2) Public Hearing Notice for Proposed Zoning Amendments
3) Approval Not Required for Jeffrey H. Talmadge&Joan Reese Talmadge, 12& 14 Fells Lane
4) Approval Not Required for Katherine H. Udall, 35 Keziah's Lane
5) Memorandum to Board of Selectmen entitled, "Right to Farm Bylaw Proposal", dated December 7, 2012
6) Memorandum to Board of Selectmen entitled, "Fertilizer Management Recommendation", dated November
30, 2012.
7) Planning Board minutes for December 4, 2012
Planning Board Minutes—January 15, 2013 Page 7 of 7