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HomeMy Public PortalAboutPB MINUTES 2009-01-27 For Official Use Only PLANNING BOARD January 27, 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—early departure. Regular Members: Kenneth McKissick; Sims McGrath; Associate: John Ostman. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Board of Selectmen Liaison: Jon Fuller. Absent: Clerk: Paul O'Connor and Associate: Gary Guzzeau. In the absence of the Paul O'Connor; the Chairman requested that John Osunan vote on all matters at this meeting. APPROVAL OF MINUTES: January 13, 2009 MOTION: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Board voted to approve the minutes of November 3, 2008 as amended and use them as part of the discussion for this meeting. VOTE: 4-0-1 The motion passed by a majority. (Kenneth McKusick abstained). POTENTIAL ZONING BYLAW AMENDMENTS McKusick stated that even though he was not present for the public hearing on January 13, 2009 regarding the proposed zoning bylaws, he stated that he has reviewed all of the materials and the video of the Planning Board meeting and would like to participate in tonight's discussion and vote on the proposed bylaws. .$164-4 Definitions Planning Board members discussed proposed amendments to or additional language for the following five definitions: 1) Building; 2) Building Coverage; 3) Building Height; 4) Restaurant, Conventional; and 5) Fence. To see if the Town will vote to amend Section§164-4 by str4ki and addict the following language: BUILDING:A structure enclosed within exterior walls or firewalls, whether portable or fixed, built, erected, and framed, and having a roof for the shelter of persons, animals, or property. For the purposes of yard requirements, decks and shall be considered part of a building but shall not count towards the building coverage of the lot. Planning Board Minutes January 27, 2009 Page 1 of 8 BUILDING COVERAGE. The buildable upland portion of a lot which is covered by buildings,ineludi as well as porches and bulkheads,but excluding parking areas,pools, decks, or any permanent structures which do not have roofs.[Added 5-13-1996 ATM,Art. 211 BUILDING HEIGHT.The vertical distance from the average undisturbed existing natural grade at the foundation^o t'°°tFeet SU, of the bui ing to the top of the ridge.Except as otherwise provided in§164- 40.2B, the only portions of a structure permitted above the ridge line shall be chimneys, air conditioning equipment,skylights, ventilators and antennae and other like features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy and which in no event shall exceed 5 feet above the ridge line. [Amended 5-9-1988 ATM,Art. 66;11-18-1991 STM,Art. 31 RESTAURANT, CONVENTIONAL:An establishment where the maiority of the food is prepared on site and consumed at tables or counters on the premises. Usually there is some form of table or counter service whether it be,the taking of food order,delivery of food,or clean up/busboy service;and the food to be consumed on site is served on open plates with utensils,and not in bags or containers suitable for takeout;and a conventional restaurant will usually promote and advertise the fact that it has eat-in service and will treat any take out service as being subordinate to its eat-in service. FENCE:A combination of materials assembled at a fixed location for the purposes of protection, confinement, enclosure, or privacy. Any fence, that exceeds s"seven Q feet in height, as measured from the undisturbed existing natural grade,shall be reqHired to Meet Y 6 a F ,f..Of Oil 6 eeeSS61�4W dMg as setfier�h in P,404'n-164 22.,V setback from the lot line a distance equal to the height of the fence. Trees, hedges,plants and all other vegetation shall not be considered a fence. [Added 5-10-2004 ATM,Art. 251 Meservey noted comments made at the public hearing on January 13, 2009,particularly regarding building height included concerns regarding consistency of interpretation and fairness and the need for a comparison to other towns. Planning Board members studied pictures showing various ways to determine the average existing grade on a property and noted the difficulty in determining the "street side" of a property which is bordered on three sides by three different streets. Meservey pointed out that sometimes the Building Commissioner is forced into a type of negotiation with the homeowner when trying to determine street side and how is affects the allowed building height. Planning Board members agreed that the object is to make the bylaw fair and easy to understand by all concerned. Meservey noted concerns regarding homeowners building houses with flat roofs. The Planning Board discussed each of the concerns and recommendations expressed by John Nichols at the public hearing on January 13, 2009. McKissick stated that the proposed bylaw would give the Building Commissioner something in writing to refer to when he is discussing plans with builders and homeowners and takes out the ambiguity. Planning Board members agreed that the intent is not to restrict the height of houses, but to provide clarity. McGrath questioned whether everyone is using the same definition of building height. Wilkinson stated that the regulations should be as clear and simple as possible for people to understand. McGrath stated that this bylaw is not intended to be an infringement on what people can do on their property, but rather streamlines the standard of practice. Planning Board members discussed the advisability of separating building height and presenting it to town meeting voters as a separate article for clarity. Planning Board Minutes January 27, 2009 Page 2 of 8 MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning Board voted to consider the proposed amendments under §164-4 - Definitions, for the definition of Building Height, and present it as a separate warrant article for consideration at the Annual Town Meeting in May 2009. VOTE: 5-0-0 The motion passed unanimously. MOTION TO APPROVE: MOTION: On a motion by Sims McGrath, seconded by John Ostman, the Planning Board voted to approve the proposed bylaw for §164-4 - Definitions regarding Building; Building Coverage; Restaurant-Conventional; and Fence and forward the article to the Board of Selectmen for inclusion on the Annual Town Meeting warrant for May 2009. VOTE: 5-0-0 The motion passed unanimously. .$164-4 Definitions: Building Height Planning Board members discussed consideration of the section of the zoning proposal §164-4 Definitions regarding Building Height as a separate article. To see if the Town will vote to amend Section§164-4 by str4ki and addict the following language: BUILDING HEIGHT.The vertical distance fi°om the average undisturbed existing natural grade at the foundation On t -e°*°°°'44, oft the bui ing to the top of the ridge.Except as otherwise provided in§164- 40.2B, the only portions of a structure permitted above the ridge line shall be chimneys, air conditioning equipment,skylights, ventilators and antennae and other like features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy and which in no event shall exceed 5 feet above the ridge line. [Amended 5-9-1988 ATM,Art. 66,•11-18-1991 STM,Art. 31 MOTION: On a motion by Seth Wilkinson, seconded by Sims McGrath, the Planning Board voted to approve the proposed bylaw for §164-4 Definitions for Building Height and forward the article to the Board of Selectmen for inclusion on the Annual Town Meeting warrant for May 2009 as a separate article. VOTE: 4-1-0 The motion passed by a majority. (Kenneth McKusick voted against the motion). .$164-21 Schedule of Lot, Yard and Bulk Requirements Planning Board members discussed the amendment for §164-21 Schedule of Lot, Yard and Bulk Requirements which changes the regulation issue date change from April 1, 1983 to May 2008. To see if the Town will vote to amend Section 164-21.C by shiki g and adding the following language: C. In all zoning districts, all construction, with the exception of water-dependent facilities,such as piers, docks,floats, boathouses,structures used in conjunction with fishing and shellfishing and structures used for agricultural purposes,shall be set back a minimum distance equal to one and one-half(1 1/2)times the building height fi°om any coastal bank, coastal beach, coastal dune,salt marsh, inland pond, lake or inland bank bordering on any pond or lake. "Building height,"for the purpose of this section,shall be the vertical distance fi°om the preexisting natural grade at the foundation on the side of a building facing the coastal bank, coastal beach, coastal dune,salt marsh, inland pond,lake or inland bank bordering on any pond or Planning Board Minutes January 27, 2009 Page 3 of 8 lake, as defined herein, to the highest point of the building(s).Notwithstanding anything contained in this section, no building shall be required to be set back more than fifty(50)feet f om any coastal bank, coastal beach, coastal dune,salt marsh, inland pond, lake or inland bank bordering on any pond or lake. The terms "coastal bank," "coastal beach,""coastal dune,""salt marsh,""inland bank,"'pond"or "lake,"as used in this section,shall be defined as in the Massachusetts Wetlands Protection Act,MGL C. 131,§40, and the regulations issued thereunder, 310 CMR 10.04, as of MaV 2008. ' ice' ','983 MOTION: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Planning Board voted to approve the proposed bylaw for §164-21 Schedule of Lot, Yard and Bulk Requirements and forward it to the Board of Selectmen for inclusion on the Annual Town Meeting warrant for May 2009. VOTE: 5-0-0 The motion passed unanimously. .$164-22 Modifications Planning Board members discussed the proposed bylaw amendment to §164-22 Modifications regarding side setbacks and reasonable access for handicapped persons. To see if the Town will vote to amend Section 164-22.1.2(Yard Requirements in the VC District)by sag and adding the following language: 164-22.L2: Side and rear yards shall be a minimum often(10)feet or more, except that, by Special Permit by the Board of Appeals,following consultation with the Fire Chief and Board of Health,said side and rear yards may be reduced to zero(0)for party wall or sintild construction, or access for disabled persons, provided that adequate access is assured for fire or other emergency and public services and that satisfactory provisions have been made for storm drainage and sewage disposal. MOTION: On a motion by Sims McGrath, seconded by Seth Wilkinson, the Planning Board voted to approve the proposed bylaw for §164-22 Modifications and forward the proposed article to the Board of Selectmen for inclusion on the Annual Town Meeting warrant for May 2009. VOTE: 5-0-0 The motion passed unanimously. 164-35 Sims Contractor Signs: Planning Board members discussed the entire proposed bylaw amendment to §164-35 - Signs and made changes based on comments received at the public hearing on January 13, 2009. In a discussion regarding contractor signs, Planning Board members noted the proposal of one contractor sign for the general contractor or contractor who takes out a building permit to work on property not be exceed four(4) square feet in area. Planning Board members discussed referencing the following table for setback purposes and limit the size of the signs: Setback from property Maximum height for Maximum sign area StFeet line (feet) freestanding OF prsjes#+ng (square feet) signs (feet) 1-3 3 6 3-10 6 15 10-25 10 32 Over 25 12 60 Planning Board Minutes January 27, 2009 Page 4 of 8 "NOTE:Area for signs on ladder-type signs shall be computed individually without regard for open space between signs, and maximum aggregate sign area shall be as set forth above, except that the maximum aggregate area for ladder signs required in Subsection B,definition of"ladder signs,"may be increased up to one-third(1/3)by special permit from the Board of Appeals. Signs for Customary or Self-Employed Home Occupation: Regarding Section D entitled, Signs for Customary or Self-Employed Home Occupation, Meservey noted the following language: "One sign not to exceed six(6)square feet in area in any zone for which a Special permit or variance has been granted by the Board of Appeals,subject to any restriction as to lighting, etc., imposed by the Board of Appeals,provided that such sign conforms in all other respects to the provisions of this section". Meservey noted that comments were received whether home occupations should need any kind of sign and whether there should be a different size limit. Wilkinson commented that Customary Home Occupations do require a Special Permit and that gives the Zoning Board of Appeals the chance to review them on a case-by-case basis and take into account any comments from the neighborhood. Wilkinson stated his opinion that there is enough oversight for Customary Home Occupations. Banners: Planning Board members discussed the following proposed language under the Banners section"F"which states: F. "Banners arepermitted in all business districts for not more than four(4)calendar days in any thirty(30) day period. There is a limit of one and a temporary sign permit is required. All banners are subject to§164- 35.1.1". There was a discussion regarding the new section"K"which states that following: K R. Notwithstanding anything else contained in Section 164-35 to the contrary, banners advertising civic, or cultural and/or athletic events conducted by a non-profit entity, may be placed at location(s)across Main Street and/or Eldredge Park Way provided that any such banner, and its location, is approved by the Board of Selectmen or, if designated by the Board of Selectmen, the Town Administrator. In the event multiple requests are made for a common time period the Board of Selectmen or the Town Administrator, as the case may be, may give preference in scheduling and location to Town sponsored events.Banner(s)shall be no more than twenty feet in length and two feet in height and shall be strung in such a manner so the bottom of the banner is fifteen feet off the road surface.Banner(s)shall be temporary in nature and removed as soon as practicable after the event to which it refers has ended. The Board of Selectmen is hereby authorized to promulgate rules and regulations as they deem necessary to carry out the provisions of this paragraph. [Added 5-19-1997 AT M,Art. 46,•amended 10-25-2004 STM,Art. 101 Planning Board members noted that an exception for banners across Main Street and Eldredge Park Way is a zoning bylaw that falls under the oversight and approval of the Board of Selectmen. Planning Board members agreed to the need to limit the size and length of time commercial banners are used in Orleans and expressed concern that even though banners are considered to be temporary signs, the overuse of them could cause they to look like a permanent fixture, and therefore should be replaced with a more permanent sign. Planning Board members discussed various options for time periods for banners to be displayed, but agreed on the need to keep the options simple. One option presented was to have the commercial banners removed every evening. Planning Board members also discussed temporary sign permits and the length of time they would be valid in order to limit the exposure of banners, but also provide some cooperation with the business community without undue restriction or detriment to the community character. Planning Board members discussed whether a commercial banner which is up every weekend would really fall more under the idea of a permanent sign and agreed on the need to clarify that a banner is a temporary sign. Meservey stated that there is currently no charge for temporary sign permits. Wilkinson stated his opinion that there is no such thing as a permanent banner and that banners should only be used for a Planning Board Minutes January 27, 2009 Page 5 of 8 temporary activity or a proliferation of banners could be a detriment to the character of the town and not aesthetically pleasing. McGrath agreed with Wilkinson and stated that if a temporary sign is up for too many days it becomes a habit and a fixture. In a discussion of sign permits, McGrath noted that if there are complaints, it is in the enforcement officer's discretion whether to grant a permit for a future period of time. Fuller stated that he does not like banners, but it is in the Building Commissioner's purview whether to grant a sign permit or not. It was noted that fees for temporary signs may be a way to generate revenue for the town. Planning Board members discussed what time period a temporary sign permit could be granted if it was for a longer period such as over the summer. McGrath suggested that three month period for temporary sign permits might be appropriate, but John Ostman stated that with the two shoulder seasons on Cape Cod, a four month period could include June through September and may be more advantageous to the business owners. Sims McGrath stated that banners are temporary and are supposed to be for special events and need to be permitted as noted in the following definition: "TEMPORARYSIGN-One which is used to identify or advertise a use or activity which is not a principal use or activity for the property with which it is associated and which is intended for removal when such use or activity stops. Such signs shall include but are not limited to sale, rent or lease signs erected by a property owner or licensed real estate broker,yard sale,garage sale or open house signs". McGrath stated that if you are going to call a banner a temporary sign,then the definition of a temporary sign needs to be applied. McKusick stated that a banner should be called a non-permanent sign rather than a temporary sign. Ladder Signs: Planning Board members discussed the following proposed new language for ladder signs: "On any lot on which three(3)or more businesses are located, all fi^eestanding signs shall be of the ladder type, and no business shall be permitted a fi^eestanding sign other than a sign located on the ladder. In cases where businesses are not readily visible f om the street, one additional sign may be allowed by Special Permit". Meservey stated that there were no changes to the proposed language on ladder signs from the public hearing. Alterations to a Pre-Existing, Non-Conforming Sign: Planning board members discussed the following language `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 a change in structure, location, design or lettering. MOTION: On a motion by Sims McGrath, seconded by John Ostman, the Planning Board voted to approve the proposed bylaw changes for §164-35 - Signs as amended at this meeting, and forward the article to the Board of Selectmen for inclusion on the Annual Town Meeting warrant for May 2009. VOTE: 4-1-0 The motion passed by a majority. (Seth Wilkinson voted against the motion). Seth Wilkinson left the meeting at 8:40 p.m. Planning Board Minutes January 27, 2009 Page 6 of 8 OLD BUSINESS Wastewater Planning Le-islation Meservey gave a summary of the recent State Law known as Chapter 312 of the Acts of 2008, entitled"An Act providing for the Preservation and Improvement of Land, Parks and Clean Energy in the Commonwealth"which provides two basic aspects for communities that are in the process of wastewater planning. Meservey noted that nutrient reduction funding eligibility is provided in Section 5 for wastewater management infrastructure. Meservey stated that Section 10 provides for checkerboarding which determines what properties would be connected to sewer systems and which are not. Meservey reminded that Planning Board that town meeting actions already voted to forward similar legislation to the Statehouse, but this legislation pre-empts that previous one. Meservey noted that towns have to vote to accept the provisions of the legislation in order to move forward. Meservey stated that adopting this legislation does not commit the town to anything, but does open the door to 0%interest financing for towns for wastewater. McGrath reiterated the importance of establishing the town's eligibility as soon as possible. McGrath indicated that it affects the scoring for criteria for the State Revolving Fund. McGrath stated his opinion that there is no downside to adopting the regulations, but there may be a downside if towns do not adopt the regulations. The Planning Board discussed sending a letter of support to the Board of Selectmen requesting that they consider including the adopting the legislation as a warrant article at the Annual Town Meeting in May 2009. Planning Board members discussed possible credit for projects such as fertilizer reduction in town. McGrath stated that the town needs to adopt the legislation in order to receive credit for wastewater actions in town. MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning Board voted to adopt and forward a letter of support to the Board of Selectmen for inclusion on the Annual Town Meeting warrant in May 2009. VOTE: 4-0-0 The motion passed unanimously. NEW BUSINESS Site Plan Review Committee Fees Meservey informed the Planning Board regarding recent research through the Planning Department regarding Site Plan Review Committee fees for various Cape Cod towns. The Planning Board agreed to review and give comments on the subject at their next meeting. CORRESPONDENCE Commonwealth Capital Program Score Meservey gave a report on the FY '09 Commonwealth Capital application for Orleans and noted that the town received a score of 88, which is used for reference when the town applies for grants, such as the recent PWED grant for the design and construction of Lots Hollow Road and three recent self-help grants. Meservey noted that Orleans ranked 31s`out of 351 towns in Massachusetts. Planning Board Minutes January 27, 2009 Page 7 of 8 ADJOURNMENT MOTION: On a motion by Sims McGrath, seconded by John Ostman, the Planning Board voted to adjourn the Planning Board meeting at 8:50 p.m. VOTE: 4-0-0 The motion passed unanimously. SIGNED: DATE: (Paul O'Connor, Clerk) Planning Board Minutes January 27, 2009 Page 8 of 8