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HomeMy Public PortalAboutPlanning Board Minutes 2013-08-27 m p pie ORLEANS PLANNINGBOARD AUGUST 27,2013-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: Steve Bornemeier; Vice-Chairman: Charles Bechtold; Clerk: Chet Crabtree;Kenneth McKissick and John Fallender. Associates: Paul McNulty and Andrea Reed. Planning Department Staff: George Meservey; and Secretary:Karen Sharpless. Also resent: Board of Selectmen Liaison: Jon Fuller. LITIGATION After opening the Planning Board meeting,the following motion was made to meet in Executive Session to discuss strategy with respect to litigation: Chairman Bornemeier declared that an Open Meeting may have a detrimental effect on the litigating position of the body. MOTION TOENTER EXECUTIVESESSION MOTION: On a motion by John Fallender, seconded by Kenneth McKusick,the Board voted to go into Executive Session at 7:00 p.m. for 20 minutes to discuss strategy with respect to litigation and noted that the Planning Board Chairman has declared that an open meeting may have a detrimental effect on the litigating position of the body and then to reconvene in Open Session. On a roll call vote John Fallender, Steve Bornemeier, Chip Bechtold,Chet Crabtree,and Kenneth McKissick all voted 6 aye99 ROLL CALL VOTE. 5-0-0 The motion passed unanimously. MOTION T CLOSE EXECUTIVE SESSION MOTION: On a motion by John Fallender, seconded by Chet Crabtree,the Board voted to come out of executive session at 7:20 p.m. On a roll call vote John Fallender, Steve Bornemeier, Chip Bechtold, Chet Crabtree, and Kenneth McKissick all voted"aye". VOTE: 5-0-0 The motion passed unanimously. Chairman Bornemeier reconvened the Planning Board at 7:25 p.m. Planning Board Minutes—August 27, 2013 Page 1 of 6 All information discussed at Planning Board meetings is kept on file in the Orleans Planning Department. APPROVAL NOT REQUIRED -JEROME KARTER- 20 FREEMAN LANE John McElwee (Coastal Engineering) explained to Planning Board members that neighbors, William. Kracke and Jerome Karter have entered into an agreement for the conveyance of a portion of a conforming lot known as 20 Freeman Lane to become part of 10 Sages Way which is currently an undersized lot. Both of the lots have existing dwellings. Meservey noted that the plan meets all of the Approval Not Required filing requirements and the filing fee was submitted. MOTION: On a motion by Chet Crabtree, seconded by Chip Bechtold,the Board voted to authorize the Planning Board Chairman to endorse the Plan of Land,prepared for Jerome Karter by Coastal Engineering,Inc., dated August 9, 2013, scale 1"=30'. VOTE: 5-0-0 The motion passed unanimously. APPROVAL NOT REQUIRED APPLICATION - Brehm Family Trust-45 Grandview Drive Tim Brady(East Cape Engineering)explained to Planning Board members that an Approval Not Required plan endorsed by the board on March 12,2013 has been revised upon the advice of the Land Court with the stipulation that the revised plan be endorsed by the Planning Board for a combination of two lots. MOTION: On a motion by John Fallender, seconded by Chet Crabtree,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., updated August 13, 2013, scale 1"=40' and waive the Approval Not Required filing fee. VOTE: 5-0-0 The motion passed unanimously. ENDORSE MYLAR FOR COFFMAN/MOSS- PORTANIMICUT ROAD Tim Brady (East Cape Engineering) explained that Covenants have been signed and submitted to the Planning Department by Geoffrey J. Coffman and Robert A. Moss, Jr. for property to be shown on the Orleans Assessors Maps as 2, 4 & 5 White Cedar Lane and requested that the Planning Board endorse the mylar. MOTION: On a motion by Charles Bechtold, seconded by John Fallender,the Board voted to accept the covenants submitted by Geoffrey J. Coffman and Robert A. Moss, Jr. for property to be shown as Orleans Assessors Maps as 2, 4 & 5 White Cedar Lane and to authorize the Planning Board Chairman to sign the Definitive Subdivision mylar. VOTE: 5-0-0 The motion passed unanimously. ILLEGAL & OFF-PREMISE SIGNS Beverly Fuller(Vice Chair of the Historical Society and member of other committees in town) described the proliferation of illegal and off-premise signs and banners such as for craft shows. Fuller stated she recently counted 28 signs posted around town for a single craft fair at the Nauset Regional Middle School. Fuller pointed out that there is no provision to deal with illegal sign issues unless a formal complaint is filed with the Building Department with the name of the complainant Planning Board Minutes-A ugust 27, 2013 Page 2 of 6 All information discussed at Planning Board meetings is kept on file in the Orleans Planning Department. which many people are hesitant to do. Fuller noted that a lack of enforcement causes the bylaw to be ineffective, and local business owners who follow the rules are frustrated by the scofflaws who illegally put up signs and banners everywhere in town, especially on summer weekends when the Building Department is closed. After some discussion, Planning Board members decided the problem is not with the bylaw,but with a lack of enforcement of the bylaw, which they agreed was not a reflection on the busy Building Commissioner or his staff. Reed noted that rental properties need to enforce compliance with the zoning bylaws. Fuller expressed her opinion that the Planning Board needs to deal with the issue. Planning Board members agreed that there seems to be an enforcement issue and questioned whether gaining input from the Board of Selectmen might be useful. Jon Fuller (speaking as a private citizen) stated his opinion that there is no problem with the bylaw, but rather the ability to enforce it since generally people are not aware that they need to obtain permission to put up signs,particularly on town property. Fuller questioned whether there could be a provision for the Building Department to observe the problem on the weekends and inform people that signs cannot be posted. McKusick requested that Jon Fuller address both the sign and lighting bylaws with Board of Selectmen. Reed made an observation that many business window displays do not comply with the bylaws and should be addressed. Jon Fuller suggested the idea that the in issuing certain licenses,the Board of Selectmen provide copies of the appropriate bylaw as well as to new businesses when they apply for permits. Planning Board members discussed other options in dealing with illegal signs and banners and Bornemeier noted there will be signs for the new Village Center Cultural District. Beverly Fuller noted that the problem is a seasonal issue, not local businesses, but it needs to be done tastefully in order to maintain the character of Orleans. Planning Board members questioned whether the issue could be handled through monitoring and educating, possibly with the help of a summer intern, especially on weekends. MOTION: On a motion by Kenneth McKusick, seconded by Chet Crabtree,the Board voted to request the Board of Selectmen consider the issue of improved enforcement of zoning and general bylaws related especially to signage and lighting. VOTE. 5-0-0 The motion passed unanimously. FEMA PRELIMINARY FLOOD MAPS Meservey gave a visual presentation of the Town of Orleans website and showed Planning Board members how to navigate through the FEMA Flood maps to determine how properties are rated with regard to flooding. Meservey informed Planning Board members that FEMA is currently in the comment phase and property owner comments should be submitted to the Planning Department and will be forwarded to FEMA in October. Planning Board Minutes—August 27, 2013 Page 3 of 6 All information discussed at Planning Board meetings is kept on file in the Orleans Planning Department. CORRESPONDENCE ➢ Cape Cod Commission Hearing Notice -Proposed Amendment to Chapter H, Municipal Application for Revisions to DRI Thresholds, dated August 29, 2013 Meservey informed Planning Board members of the upcoming public hearing at the Cape Cod Commission regarding thresholds for Development of Regional Impact review. COMMITTEE REPORTS ➢ Community Preservation Committee(Steve Bornemeier) Bornemeier reported that meetings of the Community Preservation Committee will start this fall. Community Preservation Committee Appointment Planning Board members agreed to defer this appointment to a subsequent Planning Board meeting. ➢ Board of Water&Sewer Commissioners(Kenneth McKusick) McKusick reported that the Board of Water& Sewer Commissioners will be sending a letter to NSTAR requesting that they not use herbicides in the Orleans watershed. ➢ Orleans Community Partnership (John Fallender) Fallender reported on summer activities of the Orleans Community Partnership including concerts downtown and on the Village Green. Orleans Community Partnership Appointment Steve Bornemeier recused himself from discussion and voting on the Planning Board appointment to the Orleans Community Partnership due to his position on the Orleans Community Partnership hoard. Vice Chairman Chip Bechtold chaired meeting for this item and requested that Associate Paul McNulty vote on the topic. MOTION: On a motion by Kenneth McKissick, seconded by Chet Crabtree,the Board voted to appoint John Fallender to serve as the Planning Board representative to the Orleans Community Partnership. VOTE: 5-0-0 The motion passed unanimously. Planning Board Minutes—August 27, 2013 Page 4 of 6 All information discussed at Planning Board meetings is kept on file in the Orleans Planning Department. Zoninz Bylaw Task Force Meservey reported that the Zoning Bylaw Task Force will commence meeting in September Zoning BVIaw Task Force Appointment MOTION: On a motion by Kenneth McKusick, seconded by John Fallender,the Board voted to recommend to the Board of Selectmen that Chip Bechtold continue to serve as the Planning Board representative on the Zoning Bylaw Task Force. VOTE: 5-0-0 The motion passed unanimously. 2014 Potential Zoning Amendments Planning Board members reviewed the following list of potential zoning amendments for 2014 and agreed to discuss them at the next Planning Board meeting: 1. Amend Floodplain District 2. Request to permit retail use in the Limited Business District by right below a certain threhold in size (2,500 square feet). 3. Large Home Bylaw 4. Trailers 5. Curb cut width 6. Use of public property for business purposes 7. Apartments in the Village Center District 8. Temporary Signs 9. Medical marijuana regulations APPROVAL OF MINUTES: July 23, 2013 MOTION: On a motion by Kenneth McKusick, seconded by John Fallender,the Board voted to approve the minutes of July 23, 2013. VOTE: 4-0-1 The motion passed by a majority. (Chet Crabtree abstained). PLANNING BOARD FALL MEETING SCHEDULE Planning Board members agreed to hold meetings on September 10 &24, 2013 to deal with pending issues. ADJOURNMENT MOTION: On a motion by Kenneth McKusick, seconded by John Fallender,the Board voted to adjourn at 9:10 p.m. VOTE: 5-0-0 The motion passed unanimously. SIGNED---- DATE: ® � (Chet rabtr e, Clerk Planning Board Minutes—August 27, 2013 Page 5 of 6 All information discussed at Planning Board meetings is kept on file in the Orleans Planning Department. LIST OF HANDOUTS FOR AUGUST 27 2013 PLANNING BOARD MEETING: 1) APPROVAL NOT REQUIRED-JEROME KARTER-20 FREEMAN LANE A. Coastal Engineering letter regarding Approval Not Required for Jerome Karter, dated August 13, 2013 B. Approval Not Required application from Jerome Karter, dated August 13,2013 C. Plan of Land, dated August 9, 2013 D. Memorandum from Planning Department dated August 20,2013 2) APPROVAL NOT REQUIRED—BREHM FAMILY TRUST—45 GRANDVIEW DRIVE A. East Cape Engineering letter regarding Approval Not Required for Jerome Karter, dated August 13, 2013 B. Approval Not Required application from Brehm Family Trust, dated August 21, 2013 C. Plan of Land, updated August 13, 2013 3) ILLEGAL& OFF PREMISE SIGNS A. Memorandum from the Planning Department with an attachment from the Orleans Zoning Bylaws, §164-35. 4) 2014 POTENTIAL ZONING AMENDMENTS A. List of Potential Zoning Amendments for Planning Board Consideration 5) CORRESPONDENCE A. Cape Cod Commission Haring Notice entitled, "Proposed Amendment to Chapter H,Municipal Application for Revisions to Development of Regional Impact Thresholds"August 29, 2013 5) PLANNING BOARD MINUTES FOR APPROVAL A. July 23,2013 Planning Board Minutes—August 27, 2013 Page 6 of 6 All information discussed at Planning Board meetings is kept on file in the Orleans Planning Department.