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