HomeMy Public PortalAboutPlanning Board Minutes 2013-04-09 ORLEANS PLANNING BOARD
APRIL 9,2013 -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: Vice-Chairman: Steve Bornemeier; Clerk: Charles Bechtold;
Kenneth McKusick and John Fallender. Associates: Paul McNulty and Andrea Reed. Planning
Department Staff. George Meservey; and Secretary: Karen Sharpless. Also Present: Board of
Selectmen Liaison: Jon Fuller. Absent: Chairman: Chet Crabtree;
7:00 P.M. - PUBLIC HEARING- RE-ZONING ON ROUTE 6A FROM LIMITED BUSINESS TO
GENERAL BUSINESS (PETITION ARTICLE)
Chip Bechtold read the public hearing legal ad into the record. No correspondence was received
regarding this issue. There were nine people in the audience.
Acting Chairman Bornerneier asked for the petitioner to comment. No one spoke on behalf of the petition
article.
Meservey explained that the town has received a petition article from David Currier requesting a zoning
change for a parcel on Route 6A(containing the bowling alley and laundromat) in the Limited Business
District to General Business District. Meservey reminded Planning Board members that Currier appeared
before the Planning Board on October 23,2012 with a similar request as shown by the following excerpt
from the minutes of that meeting:
REQUEST FOR ZONING AMENDMENT (from October 23.2092 Planning Board Meeting minutes)
David Currier described how the 2003 zoning change from General Business to Limited
Business has limited his business growth due to water use restrictions. Planning Board
members discussed the issue and noted that in the Orleans Comprehensive Plan updated
in 2006 urged concentrations of businesses in certain nodes in town and limit growth along
Route 6A. Planning Board members indicated that this issue would fall under the auspices
of the Board of Health Nutrient Management Regulations(adopted in 2009)rather than the
need for a change in zoning along Route 6A. Currier stated he would like to eventually be
able to use glasses and silverware in the tavern portion of the Bowling Alley which impacts
the water use. Planning Board members urged Currier to look into water saving technology
and work with the Board of Health toward a possible resolution to the problem.
Consensus: There was a consensus of the Planning Board not to proceed with a zoning
change to Route 6A at this time, and urged Currier to work with the Board of Health.
Meservey stated that it is a requirement that the Planning Board hold a public hearing for all petition
articles that affect zoning and make a report at the town meeting regarding the outcome of the public
hearing. Meservey referred to the Orleans Comprehensive Plan goal to limit growth along Route 6A for
less intense uses and this petition is not consistent with the Orleans Comprehensive Plan goals. Meservey
Planning Board Minutes—April 9, 2013 Page 1 of 4
noted the concerns received by the town regarding excessive growth and traffic congestion along Route
6A, and the Annual Town Meeting voted in 2003 to change the designation from General Business
District to Limited Business District. Meservey noted that parking school buses is not allowed. Planning
Board members discussed the progress made by Currier in his quest to add a 35 seat tavern onto the
bowling alley with 14 lanes. It was noted that Currier will have to acquire a Special Permit through the
Zoning Board of Appeals.
MOTION: On a motion by John Fallender, seconded by Chip Bechtold,the Board voted to close
the public hearing for the petition article.
VOTE. 5-0-0 The motion passed unanimously.
Comments:
Planning Board members discussed previous town actions on this item including the 2003 vote by town
meeting to change the zoning from General Business District to Limited Business District and agreed they
do not want to go against the town meeting vote or the Orleans Comprehensive Plan to re-zone the area.
Planning Board members agreed unanimously that Currier has obtained enough relief from other boards
and committees and the Department of Environmental Protection which negates the need for a zoning
change.
APPROVAL NOT REQUIRED -SHORT & SINGLETERRY-59 & 65 HERRING BROOK WAY
Phil Scholomiti(Ryder&Wilcox)presented an Approval Not Required Plan for property at the comer of
Herring Brook Way and Kescayogansett Road in the Residential District and Groundwater Protection
District#3. Scholomiti stated that plan is intended to adjust a common lot line for two lots with sufficient
frontage over 150', and both meet the shape factor.
MOTION: On a motion by John Fallender, seconded by Chip Bechtold,the Board voted to
authorize the Planning Board Chairman to endorse the Approval Not Required Plan prepared for
Leonard Victor Short& Sally Orcutt Short and Gary L. Singleterry&Mary B. Singleterrry,plan
dated February 22, 2013, scale I"=40',prepared by Ryder&Wilcox,Inc.
VOTE: 5-0-0 The motion passed unanimously.
PRELIMINARY SUBDIVISION PLAN -SETH & ALISON WILKINSON -40 BAKER'S POND ROAD
Phil Scholomiti(Ryder&Wilcox)presented a Preliminary Subdivision Plan for Seth&Alison Wilkinson
for property located at 40 Bakers Pond Road in the Residential District, Groundwater Protection District
43. Scholomiti stated the following:
There are two existing dwellings and a barn with a legally created apartment on the property.
The Preliminary Subdivision Plan would create six large lots over 40,000 square feet.
All of the proposed lots meet the shape factor
All lots are required to be served by town water.
There is an 8"water main proposed along the length of the road to the proposed cul-de-sac.
A fire hydrant will be installed as requested by the Fire Department.
There is an existing gravel driveway which provides access to the dwellings and barn which is
proposed to be improved with hardened gravel surface a height and width of 14' x 14' with two
turnouts for vehicles and four gravel leaching trenches for storm water.
Planning Board Minutes-April 9, 2013 Page 2 of 4
> The Definitive Subdivision Plan wUcmntaiuu9bnmdPrnfile with drainage structures.
> There are oo plans to develop, sell oz build upon the lots.
> Want Planning Board agreement to make road improvements at the time ofsale or building.
> Applicant requests that the dwellings on Lot 6 be moved outside the right of way in order for
them tohe eligible tohe occupied until construction.
> According to Board of Health the subdivision of greater than 5 lots will require a nitrogen
reducing system.
consideration:Waivers for
^� Frontage for the panhandle loipddchozeull/weduuderUhn zoning lndow.
+� Length ofrnxckvoy-600` maximum and the proposed ia 890` in length. Applicant could.put ino
"^T"with 4O8` of roadways and h would meet the zoning bylaw. It makes sense to maintain one
continuous road.
~�
Road Design-The proposed in uhardooed grzn'o| surface 12" wide with two'^tuo`-ou1u"with
l38, of site distance.
Road Construction-The proposed iuto maintain the existing oiduslopem@l:I.
Subo|ocndi stated that intent iu|o improve tbe existing condition of the gravel roadway with less
destruction of the natural area. Scholomiti noted that gravel surfaces and trenches create better filtration
of contaminants and runoff which means waivers are necessary and in the best interest of the public and
are consistent with the Subdivision Control Law requirement.
Planning Board members reviewed comments received from various town departments and the waivers
requested 6v the applicant for this Preliminary Subdivision filing. Meuervuy stated that aoenvironmental
analysis must be provided a1 the Definitive stage unless waived bv Planning Board. Memervey noted.that
the subdivision may require a new curb cut for a new road off Bakers Pond Road. Meaervey stated that u
pn:lbnbomy Subdivision Plan iu not u recordable plan, itiu used to give guidance from Planning Board
members uf what will be expected a1 the Definitive stage.
Consensus: There was a consensus of Planning Board members to continue discussion of this
proposal on at the Planning Board meeting on May 7,2Ul3 after m site visit.
UNDERGROUND UTILITIES-SERTEX UTILITY SERVICES PRESENTATION
Planning Board members reviewed aPowerPoint presentation by representatives ofSortex Utility
Services regarding putting utility wires underground himprove the functionality and aesthetics uftowns.
COMMITTEE UPDATES
Planning Board members were informed on projects coordinated.by the Orleans Community
Partnership including the greenhouse project a1 the Nuumct Middle School, construction ufu
sidewalk iotown known uo"Theresa Wuv'`, and ongoing programs aL the community center.
Planning Board Minutes-April 9, 20/3 Page 9of4
CONSERVATMON, RECREATHON AND OPEN SPACE PLAN
Planning Board members agreed to review and proceed with the process of updating the Conservation,
Recreation, and Open Space Plan at upcoming Planning Board meetings.
MEETONG CANCELLATION
M,OTION. On a motion by Kenneth McKusick, seconded by Andrea Reed,the Board voted to
m
cancel the May 14,2013 Planning Board meeting due to a.possible conflict with An ua
Town Meeting.
VOTE. 5-0-0 The motion passed unanimously,
ADJOURNMENT
MoIrION. On a motion by John Fallender, seconded by Andrea Reed,the Board voted to
adjourn at 9.10 p.m.
voTE.. 5-0-0 The motion passed unanimously.
SRONED- DA
TE.
(ChAes Bechtoid, Cler,
LIST OF HANDOUTS FOR APR9L 9. 2013 PLANNONG BOARD MEETING:
1� Zoning Article by Petition for a district change from Limited Business to General Business along Ronte 6.4
2. Approval Not Required—Leonard Victor Short&Sally Orcutt Short&Gary L. Singleterry&Mark B.
Singleterry—59&65 Herring Brook Road
3. Preliminary Subdivision Plan—Seth&Alison Wilkinson—40 Bakers Pond Road
4. Memorandum to Planning Board, entitled, "Update of Conservation,Recreation and Open Space Plan
dated April, 2, 2013
5. APCC document entitled "The Time is Past Due for Zoning Reform in.Massachusetts
Planning Board Minutes—April 9, 2013 Page 4 of 4