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Home My Public Portal AboutPB MINUTES 2009-06-09 FOR OFFICIAL USE ONLY PLANNING BOARD June 9, 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; Associates: Gary Guzzeau and Chet Crabtree. Planning Department Staff: George Meservey; Secretary: Karen Sharpless. Board of Selectmen Liaison: Jon Fuller. Absent: John Ostman. MINUTES FOR APPROVAL: May 26, 2009 MOTION: On a motion by Kenneth McKusick, seconded by Paul O'Connor, the Board voted to approve the minutes of May 26, 2009. VOTE: 5-0-0 The motion passed unanimously. SCENIC ROAD TREE HEARING (Continuation) - Mark Nixon, 49 Gibson Road Fallender requested that Mr.Nixon explain the restoration plan he worked out with the Town's Tree Warden to make restitution for the six town trees that were cut and removed from the town layout in front of 49 Gibson Road without the required prior permission from the tree warden or the Planning Board. Nixon explained his plan to manage the erosion on the bank in front of his property and stated that the Tree Warden has agreed to try to foster re-sprouting of the remaining stumps from the trees that were cut down. Nixon stated that he worked out a restitution fee of$2,500.00 to be paid to the Tree Warden's Gift Account. Dan Connolly(Tree Warden) made a recommendation that the Planning Board accept the amount of$2,500.00 for restitution of the trees that were cut down and removed from the town layout in front of 49 Gibson Road. George Meservey stated that the agreement appears to be a good solution for the damages done to the town by cutting down scenic shade trees and should serve as notice to town residents that the town takes seriously the protection of public shade trees. Wilkinson expressed agreement for the restitution amount, but stated his concern that there is a noticeable gap in the overhead canopy left by the removal of the trees and suggested that Nixon could plant a tree on his land to help re-establish the canopy and shade over Gibson Road in that area. Nixon vehemently expressed his opposition to the idea of planting any new trees on his land. Nixon and Connolly agreed that the remaining stumps will not be ground up and will be used to prevent erosion of the bank onto the town road. Planning Board members noted that S&L Landscaping cut the trees down without obtaining a permit from the town and agreed that homeowners and tree cutting services need to check with the Tree Warden before Planning Board Minutes June 9, 2009 Page 1 of 5 commencing with any tree cutting,particularly when it falls within the town layout. Meservey informed Planning Board members that the authority to enforce or hand out fines for illegally cut trees resides with the Tree Warden under Massachusetts State Law. Meservey noted that the applicant could split culpability with the tree contractor who did the work. Fuller suggested that written notice be sent to the contractor noting the need to abide by the town rules for tree cutting and the consequences of not following the laws. Planning Board members discussed the need for a general town bylaw regarding the cutting of trees in the town layout and the resulting fines that can be levied. O'Connor pointed out that in most cases where trees are cut and removed illegally, the homeowners claim not to know the state laws and town rules and Planning Board members agreed on the need to provide notice at the town hall and on the town website for people to refer to when they have questions. Meservey noted that people need to be aware of exactly where their property lines starts and avoid doing work within the town layout. MOTION TO CLOSE PUBLIC HEARING: On a motion by Kenneth McKusick, seconded by Paul O'Connor, the Planning Board voted to close the Scenic Road Public Tree Hearing for Mark Nixon regarding property located at 49 Gibson Road for the cutting and removal of Town of Orleans trees (after the fact)in the town road layout. VOTE: 5-0-0 The motion passed unanimously. MOTION TO APPROVE WITH CONDITIONS: On a motion by Kenneth McKusick, seconded by Seth Wilkinson, the Planning Board voted to approve the application from Mark Nixon for the cutting and removal(after the fact) of six public shade trees within the town layout in front of 49 Gibson Road, Orleans with the following conditions: 1. The applicant, Mark Nixon will manage the erosion by planting yews on the slope. 2. The Orleans Tree Warden will manage sprouting of the stumps to encourage re-growth. 3. The applicant, Mark Nixon will pay $2,500.00 restitution to the Tree Warden's gift account. VOTE: 4-1-0 The motion passed by a majority. (Gary Guzzeau voted against the motion). DISCUSSION McKissick noted the information contained in Massachusetts General Laws c. 87, §9 which states the following: "whoever affixes to a tree in a public way or place a notice, sign, ... or cuts,paints or marks such tree,...shall be punished by a fine of not more than $50.00". Attorney Ford stated in his letter of May 22, 2009 that this section specifically provides that tree wardens shall enforce the provisions of this section. McKissick suggested the need for a pamphlet which informs the public of the pertinent rules for tree cutting as well as the rules for affixing anything to trees such as signs or markings for proposed cuttings. Planning Board members agreed that this issue needs to be referred to the Zoning Bylaw Task Force. Planning Board members referenced the following excerpt from Attorney Ford's letter dated May 22, 2009: "M.G.L. c. 40 §15C provides for scenic road designations. After a town has voted to designate a road as a scenic road, "any repair, maintenance, reconstruction, or paving work done with respect thereto shall not involve or include the cutting or removal of trees...except with the prior written consent of the planning board"after a public hearing. When a public hearing must be held under G.L. c. 87 §3 (the Public Shade Tree Act discussed below)prior to cutting of a tree, the hearings are to be consolidated into a single public hearing before the tree warden and the planning board. Planning Board Minutes June 9, 2009 Page 2 of 5 Planning Board members agreed that there is a need for a general bylaw regarding tree cutting and removals in town. Dan Connolly(Tree Warden) suggested that all roads in town be listed as scenic roads which would protect the town's trees as assets. Connolly stressed that tree cutting and removal information be listed on the town's website for people to reference. CAPE COD REGIONAL POLICY PLAN—Review of Natural Systems (Pates 34 - 60) Planning Board members discussed the Natural Systems section of the Cape Cod Regional Policy Plan from the Cape Cod Commission dated January 16, 2009. Planning Board discussion included recommended town actions for the following issues: NATURAL SYSTEMS • Water Resources (WR) • General Aquifer Protection(WR1) ■ Local Aquifer-protection Bylaws (WR1-T1) • Drinking Water Quality and Quantity(Wellhead protection Areas and Potential Water Supply Areas) (WR2) • Water Supply Development(WR2-T1) • Local Bylaws to Protect Water Supply(WR2-T2) • Water Quality Monitoring (WR2-T3) • Marine Water Embayments and Estuaries (Marine Water Recharge Areas) (WR3) • Local Participation in the MEP (WR3-T1) • Regional Solutions for Shared Watersheds (WR3-T2) • Freshwater Ponds and Lakes Freshwater Recharge Areas (WR4) • Local water-quality Monitoring (WR4-T1) • Pond-remediation Priorities (WR4-T2) • Water Quality Improvement Areas (Water Quality Impaired Areas) (WR5) • Community Plans (WR5-T1) • Update Water Quality Maps (WR5-T2) • Public and Private Wastewater Treatment Facilities (WR6) • Comprehensive Wastewater Management Plans (WR6-T1) • Regional Wastewater Solutions (WR6-T2) • Local Operational Reviews (WR6-T3) • Stormwater Quality (WR7) • Upgrade Existing Bylaws (WR7-T1) • Public Education on LID Techniques (WR7-T2) • Coastal Resources (CR) o Maritime Industry, Character, and Public Access (CR1) • Working Waterfront and Harbor Management(CR1-T1) • Town Ways-to-Water(CR1-T2) Planning Board Minutes June 9, 2009 Page 3 of 5 ■ Coastal Planning Technical Assistance (CR1-T3) • Coastal Hazard Mitigation(CR2) • Pre-Disaster Hazard Mitigation Planning (CR2-T1) • Coastal Floodplain Management(CR2-T2) • Remove Development from the Floodplain(CR2-T3) • Coastal Water Quality and Habitat(CR3) • Local Regulations and performance Standards (CR3-T1) • Coastal Resources Management Planning (CR3-T2) • Coastal Habitat Remediation(CR3-T3) • Wetlands (WET) o Wetlands Protection(WET1) • Mapping of Wetlands and Vernal Pools (WET 1-T1) • Adoption of Local Bylaws (WET 1-T2) • Remediation of Tidal Restrictions (WET 1-T3) • Wildlife and Plant Habitat(WPH) o Prevent Loss, Minimize Adverse Impact, and Maintain Diversity(WPH1) • Vernal Pools (WPH1-T1) • Critical Habitat Areas (WPH1-T2) • Land Clearing Bylaws (WPH1-T3) • Open Space and Recreation(OS) • Open Space and Natural Resources (OS 1) • High-priority Areas (OS1-T1) • Land Conservation Organizations (OS 1-T2) • Tax-title Lands (OS 1-T3) • Passive/Active Recreation(OS2) • Local Pathways Committees (OS2-T1) • Public Access (OS2-T2) NEW BUSINESS Cape Cod Commission Public Hearin Meservey provided Planning Board members with a copy of a Cape Cod Commission Public Hearing Notice regarding submission of the Environmental Notification Form(required for the Orleans Comprehensive Wastewater Management Plan) to be held at the Orleans Town Hall on June 16, 2009. Planning Board Minutes June 9, 2009 Page 4 of 5 SUMMER SCHEDULE CHANGE Planning Board members agreed to cancel the regularly scheduled Planning Board meetings on July 28, 2009 and August 25, 2009 with the agreement that special meetings will be posted if regulatory matters arise that need immediate attention from the Planning Board. ADJOURNMENT MOTION: On a motion by Seth Wilkinson, seconded by Paul O'Connor, the Planning Board voted to adjourn the meeting at 8:15 p.m. VOTE: 5-0-0 The motion passed unanimously. SIGNED: DATE: (Paul O'Connor, Clerk) Planning Board Minutes June 9, 2009 Page 5 of 5