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PLANNING BOARD
April 14, 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. Planning Department Staff: George Meservey; Secretary:
Karen Sharpless. Board of Selectmen Liaison: Jon Fuller. Also Present: Sims McGrath.
Absent: Vice-Chairman: Seth Wilkinson.
Chairman Fallender requested that Associate Gary Guzzeau to vote in the absence of Seth Wilkinson.
RESIGNATION OF SIMS MCGRATH FROM THE PLANNING BOARD
John Fallender reported that Sims McGrath has tendered his resignation to the Planning Board due to his
recent election to the Board of Selectmen. Planning Board members thanked Sims McGrath for his 13 years
of service on the Planning Board and wished him well during his tenure on the Board of Selectmen.
APPOINTMENT OF JOHN OSTMAN AS A REGULAR PLANNING BOARD MEMBER
Fallender informed the Planning Board that Associate John Ostman will now serve as a Regular Planning
Board member due to the resignation of Sims McGrath.
APPOINT PLANNING BOARD MEMBER TO WASTEWATER MANAGEMENT STEERING
COMMITTEE
Planning Board members discussed a replacement Planning Board appointee to the Wastewater Management
Steering Committee and agreed to wait until after the Annual Town Meeting in May 2009 to determine how
the wastewater process will proceed.
REQUEST FOR A SIGN SETBACK WAIVER—THE LAST STOP, 211 MAIN STREET
Meservey presented a request from the new owner, Rob Sethares (of the business previously known as the
East Orleans Deli), for a name change to "The Last Stop" and a Planning Board frontage setback waiver due
to the close proximity of the existing sign to the street. Meservey informed the Planning Board that the
Zoning Bylaws §164-35-F (4)has a provision for the Planning Board to waive the front setback requirement.
Meservey stated that the new size would be basically the same size as the existing sign, but with a little
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additional height. Fallender noted that if the sign had to be moved onto the property, it would mean the loss
of two parking spaces from a very busy parking lot.
MOTION: On a motion by John Ostman, seconded by Kenneth McKusick, the Planning Board
voted to approve the front setback waiver request for Rob Sethares for a deli to be known as "The
Last Stop", located at 211 Main Street, Orleans.
VOTE: 5-0-0 The motion passed unanimously.
ZONING AMENDMENTS FOR ANNUAL TOWN MEETING
Conventional Restaurant Definition-Final Language
Planning Board members discussed a revision by Town Counsel of the proposed definition of a
conventional restaurant and agreed that it was a good clarification.
OLD BUSINESS
Village Center Market Economic Assessment
Meservey reported that the Board of Selectmen agreed to put a warrant article for funding for a
Village Center Market Economic Assessment in the amount of$27,000. Meservey noted that Peg
Barringer and Michael Lavin(Suffolk University)have offered assistance with the study. Planning
Board members agreed that there is a need for a presentation on this issue at town meeting pointing
out the benefits of the study and how it would coordinate with wastewater planning. Kenneth
McKusick pointed out the importance of informing town meeting voters of the extensive work on
the long range plan that has been done by the Planning Board. Paul O'Connor noted the need to
show integration between all of the various town plans.
Town of Dennis Formula Business Regulations-Approved by the Attorney General
Planning Board members reviewed and discussed an e-mail from the Dennis Town Planner, Dan
Fortier regarding the Formula Business Bylaw they created and was approved by the Attorney
General. Meservey told Planning Board members that the Attorney General approval was written
with the caution that the regulation must be applied exactly as it is written, which would allow
businesses to exist if they conform to the town criteria for town character.
NEW BUSINESS
Review Proposed Bus Shelter
Meservey explained the National Parks Service Bus Shelter Program and requested Planning Board
endorsement for the installation of a free bus shelter to be located in front of CVS at the corner of
Main Street and Route 6A in the Village Center District of Orleans. Meservey stated that the shelter
would have to be accepted and maintained by the Town of Orleans through the Board of Selectmen.
Planning Board members noted that this is consistent with the Orleans Comprehensive Plan and
Village Center District layout. John Fallender requested that the shelter design be reviewed and
approved by the Architectural Review Committee for consistency with town character.
Planning Board Minutes—April 14, 2009 Page 2 of 3
MOTION: On a motion by Kenneth McKusick, seconded by Paul O'Connor, the
Planning Board voted to recommend to the Board of Selectmen that they approve the
application for a bus shelter at the CVS located at the corner of Main Street and Route 6A,
with the condition that it is reviewed and approved by the Architectural Review Committee
as well as the agreement with the possibility of a obtaining a second shelter.
VOTE: 5-0-0 The motion passed unanimously.
CORRESPONDENCE
Memorandum to Board of Selectmen regarding Commercial Vacancies in Orleans
Meservey described a Planning Board memorandum to the Board of Selectmen regarding the number of
commercial vacancies in Orleans. Fallender suggested that it might be prudent to update the vacancies list in
approximately six months. Jon Fuller noted that the memorandum was very helpful for the Board of
Selectmen to determine a need to include the Village Center District Economic Assessment in the Capital
Improvement Plan. Kenneth McKissick noted the importance of including this information in a presentation
at town meeting.
MINUTES FOR APPROVAL: March 10, 2009
MOTION: On a motion by John Ostman, seconded by Paul O'Connor, the Board voted to
approve the Planning Board minutes of March 10, 2009.
VOTE: 4-0-1 The motion passed by a majority. (Kenneth McKissick abstained).
ADJOURNMENT
The Planning Board meeting adjourned at 7:51 p.m.
SIGNED: DATE:
(Paul O'Connor, Clerk)
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