Loading...
HomeMy Public PortalAboutPB MINUTES 2009-11-10 FOR OFFICIAL USE ONLY PLANNING BOARD November 10, 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. SIGN REGULATIONS Fallender explained that the Planning Board revised the town's sign bylaws and they were voted on at the May 2009 town meeting after a public hearing process and subsequently approved by the Attorney General. Meservey noted the comprehensive revision of the sign bylaws undertaken by the Planning Board with the support and assistance of the business community. Meservey stated that the section in question is §164-35 Section J(6)which reads as follows: (6) Alterations to a preexisting, nonconforming sign shall require the sign to come into compliance with all of the requirements herein. For the purpose of this section alterations shall consist of changes in any way including change in structure, location, design or lettering. Meservey noted that the former Coast Restaurant is now the Lost Dog Pub where a large pre-existing, non- conforming sign exists. Meservey stated that when the applicant for the Lost Dog Pub applied for a new sign permit to change the face of the sign, the Building Inspector noted the new amendment which was approved by Town Meeting and stated that the sign would have to come into compliance with the new sign bylaw. Meservey stated that the Lost Dog Pub applicant appealed to the Zoning Board of Appeals which found by a 4-1 vote that in their opinion the sign was protected under the non-conforming use and structure section of state law known as Massachusetts General Law 40 A, Section 6. Meservey stated that the Zoning Bylaw Task Force worked on the bylaws along with the Planning Board and the minority opinion on the Zoning Board of Appeals felt that the bylaw should have been upheld in the decision. Meservey pointed out that four members of the Zoning Board of Appeals felt that the non-conforming sign should be allowed to remain regardless of the language in the bylaw. Meservey stated that in a meeting with the Building Inspector and Town Counsel, it was felt by Town Counsel that that section of the sign bylaws is not nullified by this decision because reviews are done on a case by case basis. Meservey noted that the Zoning Board of Appeals decision has been filed and is now in the 20-day appeal period. Meservey stated that any aggrieved party, which includes all of the abutters and the Planning Board, can appeal the Zoning Board of Appeals decision to the courts. Planning Board Minutes November 10, 2009 Page 1 of 3 Fallender questioned the provision in both the old and new sign bylaws that requires that a sign be taken down within 30 days of the closing of a business. Meservey responded that the question refers to a different section of the bylaw and may not have been interpreted to apply to the gap created from a change from one restaurant business to another. Meservey stated that the Planning Board brought up at town meeting the issue that any change to a non-conforming sign requires full conformance to the new sign bylaws which was approved by town meeting vote as well as the Attorney General. Meservey explained the following options the Planning Board has in detailing with this issue: 1) Ask the Board of Selectmen to fund a Planning Board appeal of the Zoning Board of Appeals decision to the court system with the assistance of Town Counsel. 2) Bring the issue back to the Zoning Bylaw Task Force to determine how a decision can be reached by Zoning Board of Appeals members or whether an amendment can be drafted that overcomes the concerns that were raised in the findings of facts in regard to the protection afforded by Massachusetts General Laws 40A Section 6. McKusick noted his concern that the Zoning Board of Appeals decision does not appear to be consistent with the intentions of the Town Meeting vote. Wilkinson stated his opinion that there is an important precedent and suggested a recommendation of moving forward with an appeal while trying to work with the Zoning Board of Appeals on a solution to the issue. MOTION: On a motion by John Ostman, seconded by Kenneth McKusick, the Planning Board voted to take the steps to file an appeal of the Zoning Board of Appeals decision regarding the sign for the Lost Dog Pub at the intersection of Routes 28 and 6A and to take action to work with the Zoning Board of Appeals on remedies for the current and future issues. VOTE: 5-0-0 The motion passed unanimously. VILLAGE CENTER MARKET STUDY Meservey reminded the Planning Board of their previously expressed need through the years to define the needs and goals of the Village Center. Meservey read the following Vision Statement from the Orleans Village Center Master Plan dated December 19, 2007: "The Orleans Village Center is, and will continue to be, a vibrant commercial and community center for the town, and will develop into a focal point for community activities and services for residents and visitors. The small-town character of the village will be maintained and enhanced. Mixed-use and other appropriate development will be encouraged through changes to the zoning bylaws. Street trees and decorative landscaping will be encouraged. Improved sidewalks, lighting, street furniture and the placement of utility lines underground will be pursued. Consistent with a traditional village development pattern that will be safe and attractive for pedestrians, it will be desirable to have small shops lining the streets with parking provided to the rear of the buildings where possible. Sidewalk cafes will be encouraged. The scale and materials used for new construction in the village will be in keeping with the village character, and property owners will be encouraged to improve the appearance of existing buildings. Residential units above storefronts will be encouraged. Provisions will be made to accommodate the flow of vehicular traffic, but not at the expense of providing a safe and attractive pedestrian environment. Appropriate parking to serve businesses and village residents will be provided for." Planning Board Minutes November 10, 2009 Page 2 of 3 Planning Board members discussed the Vision Statement and Ostman suggested adding language to include bicycle traffic as well as pedestrian traffic. Wilkinson suggested the need for a cultural center or non- commercial downtown destination. O'Connor suggested that Snow Library is large and may be used as a cultural center, but McKissick expressed concern with a lack of adequate parking at the library. Crabtree suggested cultural options such as outdoor concerts somewhere on property which faces Town Cove. Planning Board members discussed a summary of the answers given by townspeople in a 2005 town-wide survey regarding the Village Center. Planning Board members also discussed a document entitled, "Village Center Objectives"which covered goals for the following items: Wastewater, Mixed Use Development, Design& Architecture, Market& Business Mix, and Traffic&Parking. Planning Board members discussed a letter and draft Customer Survey proposed by Professor Michael Lavin of Suffolk University dated 11/3/2009, entitled, `Proposed Orleans Village Center, Economic Use& Development Survey: Year Round Residents". Ostman suggested forming a subcommittee to deal with the specific types of questions for which the Planning Board would like to obtain input from year round residents. Planning Board members discussed the concept of creating a traffic-free,pedestrian friendly downtown. Ostman and Crabtree agreed to work with the Planning Department on survey questions and report back to the Planning Board. ROUTE 6A&28 INTERSECTION Planning Board members discussed the merits of multiple alternatives of proposed traffic flow from MassHighway at the intersection of Routes 6A, Route 28 and Canal Road, including a proposed roundabout. Meservey explained that representatives from Mass Highway met with the Board of Selectmen and they expressed interest in the idea of a roundabout. Meservey stated that there will be another MassHighway public hearing with the Board of Selectmen on December 9, 2009, and Planning Board members can give input at that meeting. CONSENSUS: There was a consensus of Planning Board members that that the board is supportive of a roundabout concept because it improves safety, limits congestion, and can be an attractive part of the visual character of Orleans. ADJOURNMENT MOTION: On a motion by Kenneth McKusick, seconded by Seth Wilkinson, the Planning Board voted to adjourn the Planning Board meeting at 8:37 p.m. VOTE: 5-0-0 The motion passed unanimously. SIGNED: DATE: (Paul O'Connor, Clerk) Planning Board Minutes November 10, 2009 Page 3 of 3