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Home My Public Portal AboutPB MINUTES 2009-10-13 FOR OFFICIAL USE ONLY PLANNING BOARD October 13, 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; Clerk: Paul O'Connor; Kenneth McKusick; John Ostman; Associate: Gary Guzzeau; Chet Crabtree. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Board of Selectmen Liaison: Jon Fuller. Delayed: Vice-Chairman: Seth Wilkinson. Due to a scheduling conflict delaying Seth Wilkinson, Chairman Fallender requested that Associate Chet Crabtree vote as a regular Planning Board member during this meeting. APPROVAL OF MINUTES: September 22, 2009 MOTION: On a motion by Paul O'Connor, seconded by John Ostman, the Board voted to approve the minutes of September 22, 2009. VOTE: 5-0-0 The motion passed unanimously. POTENTIAL ZONING AMENDMENT-§164-22A(3) -20,000 square foot lots Fallender thanked various people from the public and town counsel for their input into the issue of 20,000 square foot lots and suggestions for a resolution to the situation. Fallender read a memorandum from George Meservey dated October 6, 2009 detailing four options that have been suggested for a resolution to this situation and Planning Board members indicated that the following option suggested by Attorney Michael Ford(Town Counsel) would effectively resolve the issue: (Amended language is in underlined italics) §164-22A.(3) One(1)single family dwelling may be erected on any lot,regardless of a common ownership with that of adjoining land located in the some residential district, which existed on August 2,1973 or which was shown on a preliminary plan prior to that date and which was further shown on a definitive plan which was subsequently filed and approved by the Planning Board,and contained at least 20,000 sq.ft.and had a minimum frontage of 120 ft.or has 50 ft of arc frontage on a cul-de-sac and is 120 ft. wide at the building line and the proposed structure is to be located on such lot so as to conform with the minimum requirements of front,side and rear yard setbacks and to all other requirements for such structures in effect at the time of building. Planning Board Minutes October 13, 2009 Page 1 of 4 MOTION: On a motion by Kenneth McKusick, seconded by John Ostman, the Planning Board voted to approve the following language from Attorney Michael Ford and forward it on for a Planning Board public hearing in January 2010: (Amended language is in underlined italics) §164-22A.(3) One(1)single family dwelling may be erected on any lot,regardless of a common ownership with that of adjoining land located in the some residential district, which existed on August 2,1973 or which was shown on a preliminary plan prior to that date and which was further shown on a definitive plan which was subsequently filed and approved by the Planning Board,and contained at least 20,000 sq.ft.and had a minimum frontage of 120 ft.or has 50 ft of arc frontage on a cul-de-sac and is 120 ft. wide at the building line and the proposed structure is to be located on such lot so as to conform with the minimum requirements of front,side and rear yard setbacks and to all other requirements for such structures in effect at the time of building. VOTE: 5-0-0 The motion passed unanimously. Chet Crabtree recused himselffrom the discussion and voting on Lindsay Lane due to his firm's indirect financial interest. Chairman Fallender requested that Associate Gary Guzzeau vote on this issue. PARTIAL RELEASE OF COVENANT-Eastward Homes -Lindsay Lane (formerly known as 48 Portanimicut Road) Planning Board members discussed a request by Eastward Homes for a Partial Release of Covenant to release Lots 1 and 3 in the subdivision on Lindsay Lane (formerly known as 48 Portanimicut Road). Fallender noted that one lot has already been released by the Planning Board. Meservey informed Planning Board members that road construction has been completed on Lindsay Lane and a remaining drainage issue needs to be addressed by the developer. Planning Board members noted that the release of lots 1 and 3 would still leave a remaining lot which will not be released until the remaining issues have been addressed. MOTION: On a motion by Paul O'Connor, seconded by Kenneth McKusick, the Planning Board voted to authorize the Planning Board Chairman to sign a Partial Release of Covenant for Eastward Homes to release lots 1 and 3 on Lindsay Lane (formerly known as 48 Portanimicut Road). VOTE: 5-0-0 The motion passed unanimously. Chet Crabtree returned to the meeting at this point. MYLAR ENDORSEMENT-MODIFICATION TO A DEFINITIVE SUBDIVISION PLAN-Arey's Pond LLC, Sparrow Lane Meservey informed Planning Board members that mylar for Arey's Pond LLC for Sparrow Lane has been signed by the Town Clerk's office since no appeals were filed on this plan. Meservey stated that no covenant was required since this was a change in the allocation of bedrooms between two of the lots and the pre-existing Conservation Restriction for the Orleans Conservation Trust is still in effect for this subdivision. Planning Board Minutes October 13, 2009 Page 2 of 4 MOTION: On a motion by John Ostman, seconded by Paul O'Connor, the Planning Board voted to authorize the Planning Board Chairman to endorse the mylar for the Modification of a Definitive Plan for Arey's Lane LLC for Sparrow Lane. VOTE: 5-0-0 The motion passed unanimously. VILLAGE CENTER PLANNING Planning Board members discussed the scope of work for the Village Center and the funds allocated for the economic assessment of the Village Center District. Meservey referred to a partial market study previously provided by Peg Barringer(OKM Associates, Inc.). Planning Board members requested that Meservey contact Peg Barringer and Michael Lavin(resident and Professor at Suffolk University)regarding their offers to work with the Planning Board on studying the Village Center. Meservey suggested gaining input from members of the business community. Ostman expressed concern with the notion that the study only pertain to the Village Center and not including other business areas in the town. Fallender noted the need to determine what businesses are needed in Orleans. Seth Wilkinson joined the meeting and Kenneth McKusick left meeting at this point. MCSHANE CONSTRUCTION-40B APPLICATION FOR 257 ROUTE 6A Meservey informed Planning Board members of a 40B application by McShane Construction Company for an affordable housing project with four dwelling units on P/z acres of land. Meservey noted that present zoning bylaws would allow up to 8 apartments on this parcel. Meservey stated that the Board of Selectmen has indicated support for a four unit project which was bid on and won by McShane Construction Company. Meservey noted that the land will be conveyed to McShane Construction Company and they will build the 40B units after all the permits are obtained. Meservey informed Planning Board members that due to financing constraints on condominium purchases, McShane has requested that he be allowed to build four detached homes with fencing and small rear yards by requesting of waivers through a simple Approval Not Required from the Zoning Board of Appeals. Meservey stated that the public hearing for this project will be held on November 4, 2009 and the Planning Board can issue comments for consideration at that public hearing. CONSENSUS: There was a consensus of the Planning Board members that Planning Board comments include the need to maintain the residential component of the property and prohibit commercial activity. Selectman Fuller stated that the Board of Selectmen and town meeting has expressly indicated that this project remain as an affordable housing project with no commercial activity. CORRESPONDENCE Outdoor Lighting Bylaw Planning Board members discussed a memorandum dated September 29, 2009 requesting that the Board of Selectmen address the issue of enforcement of the Outdoor Lighting Bylaw for commercial properties which was approved by town meeting in May 2004. Planning Board Minutes October 13, 2009 Page 3 of 4 Citizen Planner Training Collaborative Planning Board members discussed a brochure containing various courses which are offered to Planning Board members and will individually determine which courses they may wish to attend. Chatham Formula Business Bylaw Planning Board members were given a copy of a proposed zoning amendment by the Town of Chatham regarding formula businesses. ADJOURNMENT The Planning Board meeting adjourned at 8:10 p.m. SIGNED: DATE: (Paul O'Connor, Clerk) Planning Board Minutes October 13, 2009 Page 4 of 4