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Home My Public Portal AboutPB MINUTES 2009-06-23 FOR OFFICIAL USE ONLY PLANNING BOARD June 23, 2009 -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: John Fallender; Vice-Chairman: Seth Wilkinson; Clerk: Paul O'Connor; Kenneth McKissick; John Ostman; Associates: Gary Guzzeau and Chet Crabtree. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Board of Selectmen Liaison: Jon Fuller. APPROVAL NOT REQUIRED-David J. Del Gizzi- 14 Brewster Cross Road David Del Gizzi presented an Approval Not Required plan for a division of land in the Limited Business District located at 14 Brewster Cross Road into 2 lots shown as Lot 1 which consists of 9,516 square feet of land and Lot 2 which consists of 30,023 square feet of land. Meservey stated that the role of the Planning Board is to determine the adequacy of access and whether the Approval Not Required meets the required street frontage. Meservey noted that there is no street frontage requirement in the Limited Business District. Meservey pointed out that the Approval Not Required Plan shows adequate access to the site and meets the requirements of an Approval Not Required plan regardless of the zoning issues. Meservey noted for the record that Planning Board endorsement of this plan does not indicate the buildability of the lots or whether it meets zoning requirements. Meservey noted that the applicant is entitled to endorsement of the Approval Not Required Plan. MOTION: On a motion by Kenneth McKusick, seconded by Paul O'Connor, the Planning Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for David J. Del Gizzi, dated June 17, 2009, scale 1"=20',prepared by Schofield Brothers of Cape Cod. The Approval Not Required Plan must contain the following statement: "Planning Board endorsement of this plan indicates only that the plan is not a subdivision under Section 81-L of the General Laws and does not indicate that the lot is buildable or that it meets Zoning, Health, Conservation or General By- law requirements." VOTE: 5-0-0 The motion passed unanimously. APPROVAL NOT REQUIRED- 196 Tonset Nominee Trust and Lot 4 Tonset LLC - 190 & 196 Tonset Road David Lyttle (Ryder& Wilcox)presented an Approval Not Required Plan of land showing a reconfiguration of Lot 4A (which contains 38,125 square feet of land), Lot 4B (which contains 477 square feet of land) and Lot 5A (which contains 38,431 square feet of land) and Lot 5B (which contains 477 square feet of land) on property located at 190 & 196 Tonset Road. Lyttle explained that this Approval Not Required plan is for an Planning Board Minutes June 23, 2009 Page 1 of 5 equal land swap of pre-existing lots with a building on Lot 5A. Meservey noted that there is sufficient frontage for this land swap of two pre-existing, non-conforming lots. MOTION: On a motion by John Ostman, seconded by Kenneth McKusick, the Planning Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for The 196 Tonset Nominee Trust and Lot 4 Tonset, LLC, dated June 2, 2009, scale 1"= 30',prepared by Ryder& Wilcox, Inc., which contains the following statement: "No determination of compliance with zoning requirements has been made or is intended." VOTE: 5-0-0 The motion passed unanimously. APPROVAL NOT REQUIRED- The Maureen Schouman Family Trust- 51 Briar Spring Road David Lyttle (Ryder& Wilcox) and Attorney Duane Landreth presented an Approval Not Required Plan of Land showing a division of land shown as Lot 60, 61, 62 and 63 located on property at 51 Briar Spring Road. Lyttle noted the existing dwelling on the property which is situated on the property line. Lyttle explained that this Approval Not Required Plan is for an equal land swap which brings the lots into conformance and does not change the frontage. Meservey noted that the lots currently meet the lot shape number and adequate frontage and the applicant is entitled to endorsement of the Approval Not Required Plan. Lyttle agreed to correct the frontage calculation for Lot 61 from the incorrect calculation of 145.00 feet to the actual 123.96 feet on the Mylar and paper copies of the final Approval Not Required Plan. MOTION: On a motion by Kenneth McKusick, seconded by Paul O'Connor, the Planning Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for The Maureen Schouman Family Trust, dated June 8, 2009 (revised June 24, 2009), scale 1"= 30', prepared by Ryder& Wilcox, Inc., with the following note: "Planning Board endorsement of this plan indicates only that the plan is not a subdivision under Section 81-L of the General Laws & does not indicate that the lot is buildable or that it meets Zoning, Health, Conservation or General By-law requirements." VOTE: 5-0-0 The motion passed unanimously. APPROVAL NOT REQUIRED SUBMISSIONS McKusick requested that all future Approval Not Required Plans contain the following statement: "Planning Board endorsement of this plan indicates only that the plan is not a subdivision under Section 81-L of the General Laws and does not indicate that the lot is buildable or that it meets Zoning, Health, Conservation or General By-law requirements." FLAG POLE HEIGHT Planning Board members discussed a letter from the Building Commissioner requesting Planning Board advice regarding a request by Orleans Toyota to install an 80—100' high flagpole. Discussion included the fact that a flagpole would be considered as a structure,not a building. Planning Board members discussed the issue of not allowing flagpoles to be more than 5' above the rigeline of a building. McKusick questioned whether the communication structure bylaw in §164-39 could be used as a guideline for flag poles. Wilkinson responded that a flagpole is not a communication tower and should not be considered as such. Planning Board members questioned whether the applicant could apply for a variance, and Meservey Planning Board Minutes June 23, 2009 Page 2 of 5 answered affirmatively. Chet Crabtree pointed out that it is the Planning Board's responsibility to protect and ensure the consistency of the town character and an 80' —100' flagpole would change the character of the town as people are approaching the town on Route 6. Ostman stated his opinion that flagpoles should not be related to building height. O'Connor pointed out that too many flagpoles or flagpoles that are too high could quickly get out of hand as seen in other towns. McKusick suggested obtaining opinions from the Architectural Review Committee and Zoning Bylaw Task Force. Selectman Fuller cautioned the Planning Board that a flagpole request may be for a different type of flag other than an American flag (such as a company advertisement flag to attract business). Planning Board members agreed that the existing bylaw stated that flagpoles can only extend 5' over the building height, and noted that the Zoning Bylaw Task Force could review this for a future bylaw change. CAPE COD REGIONAL POLICY PLAN—Human Built Systems Planning Board members discussed the Natural Systems section of the Cape Cod Regional Policy Plan through the Cape Cod Commission dated January 16, 2009. Planning Board discussion included recommended town actions for the following issues: • Transportation JR) • Safety(TR1) • Local Access Management(TR1-T1) • Walking and Bike Paths (TR1-T2) • Crash Data Reports (TR1-T3) • Traffic Reduction/Transportation Balance and Efficiency(TR2) • Local parking Requirements (TR2-T1) • Alternative Modes in Bylaws and Capital Plans (TR2-T2) • Human Service Coordination (TR2-T3) • Level of Service (TR3) • Local Traffic Thresholds (TR3-T1) • Transportation Capacity(TR3-T2) • Shared Parking and Access Management(TR3-T3) • Waste Management(WM) • Hazardous Materials and Waste Management(WM1) • Hazardous Waste Bylaw(WM1- T1) • Hazardous Waste Collection(WM1-T2) • Hazardous Waste Emergency Response Plan(WM1-T3) • Solid Waste Management(WM2) • Solid Waste Financing (WM2-T1) • Integrated Waste Management(WM2-T2) • Energy(E) o Emissions and Energy Use (E1) • Sustainable Practices for Municipal Facilities (E1- T1) • Policies to Reduce Vehicle Use (E1-T2) Planning Board Minutes June 23, 2009 Page 3 of 5 ■ Participation in Energy Efficiency Programs (E1-T3) • Affordable Housing (AH) • Promotion and Creation of Affordable Housing (AH1) • Local Bylaws and Incentives (AH1- T1) • Use of Town-owned Land(AH1-T2) • Use of CPA Funds (AH1-T3) • Fair Housing/Equal Opportunity (AH2) • Local Action Plans (AH2-T1) • Support for Local Homelessness Prevention(AH2-T2) • Local Construction Accessibility Standards (AH2-T3) • Community Participation (AH3) • Local Awareness and Action(AH3-T1) • Needs Assessments and Action Plans (AH3-T2) • Site Selection and Coordination(AH3-T3) • Heritage Preservation and Community Character(HPCC) • Historic, Cultural and Archaeological Resources (HPCC1) • Historic Resource Inventories (HPCC1- T1) • Local Preservation Regulations (HPCC1-T2) • Zoning Compatible with Preservation Goals (HPCC1-T3) • Community Character/Site and Building Design(HPCC2) • Local Development Bylaws (HPCC2- T1) • Design Review/Design Guidelines (HPCC2-T2) • Land Clearing and Alteration(HPCC2-T3) OLD BUSINESS Planning Board Re Appointments Fallender informed Planning Board members that the committee reappointments will be reviewed by the Board of Selectmen starting July 1, 2009. Planning Board Reorganization Planning Board members agreed to reorganize at the Planning Board meeting on July 14, 2009. Committee Appointments Planning Board members agreed to decide on committee appointments to the Board of Water and Sewer, Community Preservation Committee and Zoning Bylaw Task Force at the Planning Board meeting on July 14, 2009 Planning Board Minutes June 23, 2009 Page 4 of 5 MINUTES FOR APPROVAL: June 9, 2009 MOTION: On a motion by Paul O'Connor, seconded by Seth Wilkinson, the Board voted to approve the minutes of June 9, 2009. VOTE: 4-0-1 The motion passed by a majority. ADJOURNMENT MOTION: On a motion by Paul O'Connor, seconded by Seth Wilkinson, the Board voted to adj ourn. VOTE: 5-0-0 The motion passed by a majority. The Planning Board meeting adjourned at 8:40 p.m. SIGNED: DATE: (Paul O'Connor, Clerk) Planning Board Minutes June 23, 2009 Page 5 of 5