HomeMy Public PortalAboutPB MINUTES 2008-10-14 For Official Use Only
PLANNING BOARD
October 14, 2008 -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
McKissick; Sims McGrath; Associate: John Ostman. Planning Department Staff: George Meservey;
Secretary: Karen Sharpless. Board of Selectmen Liaison: Jon Fuller. Absent: Vice-Chairman:
Seth Wilkinson; Associate: Gary Guzzeau.
The chairman asked John Ostman to vote as a regular member in the absence of Vice Chairman,
Seth Wilkinson.
7:00 P.M. -SCENIC ROAD PUBLIC TREE HEARING—NSTAR—Circuit# 952 And# 94A
The following people were in the audience for the NSTAR Scenic Road Public Hearing: Jon Fuller
(Board of Selectmen liaison), Dan Connolly(Tree Warden) and Paul Sellers (NSTAR Electric).
O'Connor read the legal ad into the record. Paul Sellers (NSTAR Electric) explained that the tree
trimming proposal is to allow for maintenance for the distribution line clearance which has re-grown
since it was trimmed five years ago. Dan Connolly(Tree Warden) interjected his recommendation that
this maintenance trimming work be allowed to proceed in cooperation with the Tree Warden's oversight.
Meservey noted that NSTAR tree work done with the cooperation of the Tree Warden results in savings
to the town.
MOTION TO CLOSE EVIDENTIARY PORTION
MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning Board
voted to close the evidentiary portion of the public hearing for the NSTAR request to trim trees along
Circuit 952 and 94A.
VOTE: 5-0-0 The motion passed unanimously.
MOTION TO APPROVE
MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning Board
voted to a approve the application for NSTAR to trim trees on scenic and non-scenic roads along
Circuits 9952 and 994A.
VOTE: 5-0-0 The motion passed unanimously.
Planning Board Minutes October 14, 2008 Page 1 of 5
BREWSTER WATER QUALITY PROTECTION BYLAW
Planning Board members discussed a document received from the Brewster Planning Board which shows
a proposed revision to their existing Chapter 179 entitled, "Groundwater Protection"in the Brewster
Zoning Bylaws entitled, to be replaced with Chapter 170 entitled"Water Quality Protection"intended to
be presented at the Brewster Special Town Meeting on November 17, 2008.
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Planning Board
voted to discuss the proposed Brewster Zoning Article for Water Quality Protection at a
subsequent Planning Board meeting.
VOTE: 5-0-0 The motion passed unanimously.
ORLEANS COMPREHENSIVE PLAN RECOMMENDATIONS
Meservey reported that it is time for the Planning Board to create an updated Status Report of Orleans
Comprehensive Plan recommendations using input from various town departments and committees. The
committee agreed to discuss the recommendations at the October 28, 2008 Planning Board meeting.
7:15 P.M.—PUBLIC HEARING FOR A MODIFICATION TO A DEFINITIVE SUBDIVISION
PLAN FOR JEFFREY SMITH 11 & 15 FROST FISH LANE
The following people were in the audience for the Modification of the Definitive Subdivision Plan Public
Hearing for Jeffrey Smith: Jon Fuller (Board of Selectmen liaison), John McElwee (FELCO
Engineering) and Chet Crabtree.
O'Connor read the legal ad into the record. John McElwee (Felco Engineering)presented the application
for a Modification to a Definitive Subdivision for Jeffrey Smith for property located at 11 & 15 Frost Fish
Lane. McGrath made a disclosure that he is an elected official on the Board of Health and voted on this
application as a member of that committee and offered to recuse himself from voting on the application as
a Planning Board member, but McElwee stated that he had no objections to McGrath remaining and
voting on this application as a Planning Board member.
McElwee stated that the Modification to a Definitive Subdivision application proposes to modify lot lines
on a pre-existing five-lot Definitive Subdivision plan, originally approved in 1977, with lots owned by
various members of the Smith family all of which had 150' of frontage and were over 40,000 square feet.
McElwee noted that the use of the land from the original 1977 Definitive Subdivision has changed and
the owners want to reconfigure the lot lines to coincide with the way the land is currently being utilized.
McElwee stated that the property is located on Frost Fish Lane and abuts Spider Web Lane (off
Monument Road). McElwee walked Planning Board members through the reconfigurations of each of
the three lots, shown as Lot 1A, Lot 2A and Lot 3A. McElwee stated that the application includes a
request for a reduction of the frontage on Lot lA from 150' to 30' and a change of access for Lot lA from
Frost Fish Lane to Spider Web Lane. McElwee explained that Spider Web Lane varies from 10'-12' in
width. McElwee stated that there are no wetlands on the property, although there are some in the area
which would affect the development of Lot 3A in the future. McElwee stated that all of the lots meet the
required area under the Orleans Bylaws. McElwee stated that the Board of Health has stipulated that the
well for Lot 1A, which is currently located on Lot 3A, be moved to Lot 1A, and all of the septic systems
must be inspected. McElwee stated that a new Title 5 septic system was installed on Lot 2A in 2007 and
a Certificate of Compliance will be filed with the Health Department. McElwee declared that town water
Planning Board Minutes October 14, 2008 Page 2 of 5
is being utilized via Frost Fish Lane. McElwee indicated that in 1999 the Smiths requested permission
from the Planning Board to construct Spider Web Lane with a gravel surface (along with waiver requests)
to exclusively serve Lots 3 & 4 on the original Definitive Subdivision Plan.
Meservey stated that the filing meets all of the requirements of the Planning Board. Meservey stated that
the topography needs to be shown and the road plan and profile for a panhandle lot. Meservey noted that
the need for the applicant to file the Modification is due to the fact that the reconfiguration results in one
of the lots converting to a panhandle lot and reduces the frontage on that lot. Meservey recommended
that the panhandle lot be approved by the Planning Board. Meservey questioned whether the recorded
easement shown to the north of Parcel 2A would continue to be used or will be abandoned. McElwee
responded that the easement allows the use of a paved driveway on one lot to be used for access to
another lot, even when Lot IA has access via the panhandle. McElwee stated that a driveway will
eventually be constructed on the panhandle. Meservey questioned whether the Planning Board feels that
the panhandle lot should be placed under a Covenant until the panhandle driveway is constructed and
reminded the Planning Board that Lots 3 and 4 on the original subdivision are under still covered by a
Covenant for road improvements and must meet the rural road standards before the lots can be sold.
McGrath questioned whether the Planning Board could require a covenant for Lot IA which is similar to
the 1977 Covenant required for Lot 3A. Meservey responded affirmatively. McGrath questioned
whether there are adequate setbacks for subsurface disposal systems and whether they are identified on
the plans and McElwee responded affirmatively that there are setbacks and they have been improved.
McKissick requested that the Locus on the plan be aligned correctly so that the plans are easier to read.
McKissick questioned whether adequate access would have to be provided for Fire Department vehicles if
access is off Spider Web Lane and Meservey responded affirmatively. In a discussion about requiring a
Covenant, Meservey noted that a Covenant would have to be adhered to prior to the next property owner
obtaining the property.
The Planning Board noted the following conditions noted in the Board of Health approval dated
September 10, 2008:
1. Each lot must be served by municipal water,if available. If municipal water is not available to a particular
lot,that lost must be served by its own(located on the lot it serves)private potable water well constructed
in compliance with the Orleans Board of Health Private Well Regulations.
2. Per the requirements of title 5,the septic systems serving the existing dwelling on proposed lot#IA and 2A
must be inspected. If it is determined that a septic system consists of cesspools or otherwise fails the
inspection,the septic system must be upgraded to meet the requirements of Title 5 and the Orleans Board
of Health Subsurface Sewage Disposal Regulations.
MOTION TO CLOSE EVIDENTIARY PORTION OF PUBLIC HEARING
MOTION: On a motion by Sims McGrath, seconded by Paul O'Connor, the Planning Board
voted to close the evidentiary portion of the public hearing for the Modification to a Definitive
Subdivision Plan prepared for Jeffrey Smith for property located at 11 & 15 Frost Fish Lane, by
FELCO Engineering.
VOTE: 5-0-0 The motion passed unanimously.
Planning Board Minutes October 14, 2008 Page 3 of 5
MOTION TO GRANT WAIVERS
MOTION: On a motion by Sims McGrath, seconded by Kenneth McKusick, the Planning
Board voted to waive the requirements of the Orleans Subdivision Rules and Regulations for
Topography(§192-6.A.Lf) and for a Plan and Profile (§192-6.A.2.a-e) for the Modification to a
Definitive Subdivision prepared for Jeffrey Smith for property located at 11 & 15 Frost Fish
Lane.
VOTE: 5-0-0 The motion passed unanimously.
MOTION TO APPROVE
MOTION: On a motion by Paul O'Connor, seconded by Sims McGrath, the Planning Board
voted to approve the Modification to the Definitive Subdivision Plan prepared for Jeffrey Smith,
dated September 10, 2008, scale 1"=40',by Felco, Inc.,with the following conditions:
1. All conditions of the Board of Health approval must be met.
2. Lots 3 and 4 of the 1977 approved subdivision shall remain under Covenant.
3. A Restrictive Covenant shall be placed on approved Lot IA for improvements to
Spider Web Lane.
VOTE: 5-0-0 The motion passed unanimously.
MOTION FOR A COVENANT
MOTION: On a motion by Paul O'Connor, seconded by Kenneth McKusick, the Planning
Board voted to require that a covenant be created which is essentially the same as the Covenant
created for the original Definitive Subdivision Plan in 1977.
VOTE: 5-0-0 The motion passed unanimously.
COMPREHENSIVE WASTEWATER MANAGEMENT PLAN
The Planning Board discussed comments that could be used at the Special Town Meeting on October 27,
2008 that show Planning Board support for the proposed Comprehensive Wastewater Management Plan.
Meservey noted that the Comprehensive Wastewater Management Plan is listed as a major goal of the
Orleans Comprehensive Plan and may be pertinent to other town goals such as affordable housing,
Village Center District planning and the vitality of businesses in town. Planning Board members
discussed population growth and subsequent flow in Orleans and how it would be affected by sewering.
It was noted that the Comprehensive Wastewater Management Plan is expected to be "growth neutral" or
"flow neutral"which means it will not cause more growth and development in town than could have
occurred under the existing regulations. A discussion ensued on the current economic limitations of Title
5 and how that would be affected. Comprehensive Wastewater Management Plan recommendations
include checkerboarding, flow limitations based on parcel size, and increased purchasing of open space in
town. McGrath brought up the subject of addressing land use controls such as limiting growth on parcels
who are served by town sewering to a rate no greater than the growth that would have been permitted
under the current Title 5 Regulations.
Planning Board Minutes October 14, 2008 Page 4 of 5
McKissick noted that the Planning Board has studied the growth of population and buildings in town over
the past 10—20 years, and its resulting increase in flow. McKissick stated the importance of providing an
explanation to town meeting voters of resulting consequences of a"yes" or"no"vote on the article to
move forward with the proposed Comprehensive Wastewater Management Plan. George Meservey
noted that whether the article is approved or not at this time, the need for proper wastewater management
will not disappear. McKissick noted that State approval would have to be obtained for the Comprehensive
Wastewater Management Plan through the Department of Environmental Protection. Fuller emphasized
the importance of a show of support from the Planning Board for the proposed Comprehensive
Wastewater Management Plan.
MOTION TO ENDORSE
MOTION: On a motion by Sims McGrath, seconded by John Ostman, the Planning Board voted
to write an endorsement of the proposed Comprehensive Wastewater Management Plan for the
Special Town Meeting on October 27, 2008 that notes that the Comprehensive Wastewater
Management Plan is consistent with the long-range Orleans Comprehensive Plan for the town and the
draft Comprehensive Wastewater Management Plan provides options and flexibility for the future
planning for the town and the Planning Board finds the draft Comprehensive Wastewater
Management Plan in its current form is in the best interest of the town.
VOTE: 4-1-0 The motion passed by a majority. (O'Connor voted in opposition).
NEW BUSINESS
Re-ional Policy Plan
Fallender reminded Planning Board members of an upcoming Cape Cod Commission meeting on the
draft Regional Policy Plan on October 16, 2008 at 3:00 p.m.
ADJOURNMENT
The Planning Board meeting adjourned at 8:21 p.m.
SIGNED: DATE:
(Paul O'Connor, Clerk)
Planning Board Minutes October 14, 2008 Page 5 of 5