HomeMy Public PortalAboutPB Minutes 2007-12-11 For Official Use Only
PLANNING BOARD
December 11, 2007 -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; Sims McGrath;
Kenneth McKissick; Associates: Gary Guzzeau(delayed); John Ostman. Planning Department Staff:
George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon
Fuller. Absent: Vice-Chairman: Seth Wilkinson.
APPROVAL NOT REQUIRED—ELIZABETH N.AND WARREN T. SPICKA—24 UNCLE
MARK'S WAY
David Lyttle (Ryder& Wilcox) explained the Approval Not Required Plan for Elizabeth and Warren
Spika for a lot line adjustment between two undersized, non-conforming lots. Lyttle stated that frontage
is provided for one of the lots on a paper cul-de-sac known as Barnacle Way(off Tonset Road) and the
panhandle lot has frontage on Uncle Mark's Way connecting to Tonset Road. Lyttle noted that the lot
line adjustment allows for an addition to the existing dwelling (with a bulkhead) and will correct non-
conformities of the two lots. The recombination of lots meets the criteria of§164-22.a.4 which reads as
follows, "Such nonconforming lots exempted under Subsections A(1), (2) and(3) may be increased in size or shape
or their land area recombined without losing this exemption, so long as the change does not increase the actual or
potential number of lots". Lyttle noted that the Approval Not Required proposal is for an equal land
exchange between properties. Meservey stated that this is a common request and meets all of the
requirements of an Approval Not Required Plan. Meservey explained that this proposal does not create
any buildability for either of the parcels. Meservey stated that bulkheads are not included in the recent
bylaw amendments adopted at town meeting regarding stoops and steps. Lyttle confirmed that the square
footage is within the 15%required lot coverage. Lyttle stated that this plan will be presented to the
Conservation Commission for review and approval.
MOTION TO ENDORSE: On a motion by Paul O'Connor, seconded by Sims McGrath, the
Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required
plan prepared for Elizabeth N. and Warren T. Spicka, dated December 6, 2007, scale 1"=40',
prepared by Ryder and Wilcox Inc.
VOTE: 5-0-0 The motion passed unanimously.
Planning Board Minutes December 11, 2007 Page 1 of 4
ZONING ARTICLES
National Seashore Zoninz Map Amendment
Meservey stated that the Orleans Zoning Map amendment would correct previous mapping
inconsistencies with the National Seashore boundaries,but would not create or delete any buildable lots.
Meservey stated that property owners in the affected area will be notified by mail.
MOTION: On a motion by Ken McKusick, seconded by Paul O'Connor, the Board voted to
hold a public hearing for a zoning amendment regarding the National Seashore zoning.
VOTE: 5-0-0 The motion passed unanimously.
Lame Sin-le-Family Homes
Meservey explained that under the proposed bylaw amendment, homes with a building coverage greater
than 4,000 square feet will require an opinion from the Architectural Review Committee before obtaining
an opinion from the Zoning Board of Appeals as noted in §164-33.LEA Design Criteria: Scale, which
states the following:
"The proposal demonstrates balanced proportions in relation to height and width, roof shape and pitch,
and windows and doors. Scale should be consistent with other structures in the surrounding area
and noted in §164-33.1.E.5 Design Criteria: Massing and Bulk, which states the following:
"There should be an overall relationship between the building size&scale and the lot that is consistent
with surrounding properties. Nearby structures built in proportion to one another are desirable".
Meservey stated that obtaining a prior opinion on applications from the Architectural Review Committee
will provide guidance for the Zoning Board of Appeals in their decision making process. McKusick
stated his preference for input from the Architectural Review Committee before moving forward.
Meservey stated that a public hearing will be scheduled for January 8, 2008 and the committee agreed to
move forward with scheduling a public hearing on this matter while gaining input from the Architectural
Review Committee.
MOTION: On a motion by Ken McKusick, seconded by Sims McGrath, the Board voted to
hold a public hearing for a zoning amendment regarding large single-family homes.
VOTE: 5-0-0 The motion passed unanimously.
Definitions: Buildable Upland and Apartments
Meservey stated that the definitions for"Buildable Upland" and"Apartments"have been revised with the
word"contiguous" added to the buildable upland definition and a clarification that land within the 100-
year flood is not part of buildable upland. Meservey noted that the §164-19.1 (which was approved at the
May 2007 town meeting)was changed to allow up to four units in the Village Center District, but there
was no change made to the apartment definition, which may be just considered to be a scrivener's error
which will be reviewed by Town Counsel.
Planning Board Minutes December 11, 2007 Page 2 of 4
MOTION: On a motion by Sims McGrath, seconded by Ken McKusick , the Board voted
to hold a public hearing for a zoning amendment regarding definitions of"Buildable Upland" and
"Apartments".
VOTE: 5-0-0 The motion passed unanimously.
Formula-based Business Re-ulations
The Planning Board discussed the definition of a proposed formula-based business bylaw and how
restrictive Orleans residents would want it to be. The Planning Board was informed that the best way to
determine the level of restrictiveness would be to bring the most restrictive version to public hearings and
after discussions it can be determined how restrictive the bylaw should be when it is presented for a vote
at town meeting. Ostman stated that the best way to proceed would be to determine the needs of the town
and present various options for formula-based business proposals at the public hearing rather than just the
being definitively negative. Ostman noted the need for guidelines rather than the outright elimination of
formula based businesses. McKusick suggested softening the tenor of the statements and then moving
into applicability. McGrath stated the importance of following the Orleans Comprehensive Plan to
preserve the character of town. McGrath explained that Nantucket has a commercial center which is
listed in the National Register of Historic Places and noted that they were successful in their justification
of a ban on formula-based businesses. McGrath stated his opinion that an outright prohibition of formula-
based businesses is not correct, but it does provide a good starting place to gauge the public's perception
on the subject.
Ostman requested that the Planning Board explain at the public hearing (such as an informational
handout) the reason for the sharply restrictive language so public understands what their input needs to
be. Paul O'Connor noted the need to explain the impact of what would be avoided or eliminated.
McKusick noted that strong mixed messages were received by the Planning Board at the meeting held
with business-owners on the impact of formula-based businesses. The Planning Board discussed why it is
important to avoid the homogenization of Orleans so that it will be different from other towns. McGrath
noted that the geographic limitations of the Cape will play into the equation of interest formula-based
businesses may have in locating a business here. The Planning Board discussed whether convenience
stores and grocery stores should be included or exempted from the proposed formula-based business
bylaw. O'Connor stated that the town may be strangling necessary town services in town by prohibiting
businesses that look like elsewhere. John Ostman questioned how to create a set of rules to put limits or
controls on market forces. McKusick stated the need to determine what types of businesses the public
wants and where they want them located in town.
Gary Guzzeau entered meeting at this point.
McGrath stated his hesitation to take a proposed formula-based business bylaw before town meeting next
year, but noted the need for public input in order to get a consensus on the degree of prohibition desired
by residents. Fallender stated his concern that restrictions on formula based businesses in one part of
town may cause overdevelopment in other parts of town. Meservey suggested a need to present a list of
exemptions in order to gauge public opinion on the subject. The Planning Board agreed that input is
needed from residents as well as business-owners in order to determine how the Planning Board should
proceed.
CONSENSUS: The Planning Board agreed to present the proposed formula-based business zoning
amendment at a public hearing after the Planning Department has edited the statement of purpose and
applicability in keeping with the various discussions regarding formula businesses and noting how it
would be applied to retail establishments and updating the list of exemptions, with the understanding that
Planning Board Minutes December 11, 2007 Page 3 of 4
the term grocery stores would include convenience stores and noting that banks, gas stations and grocery
stores are fundamental for the town.
MOTION: On a motion by Kenneth McKusick, seconded by Paul O'Connor, the Board voted
to hold a public hearing for a zoning amendment regarding a proposal restricting formula-based
businesses, including a list of proposed exemptions.
VOTE: 5-0-0 The motion passed unanimously.
OLD BUSINESS
Village Center Presentation to Board of Selectmen
McGrath stated that the Village Center presentation to the Board of Selectmen has been moved to
December 19, 2007.
CORRESPONDENCE
Request for Road Closures from Nickerson Road to Finlay Road
Meservey informed the Planning Board of a petition from Nickerson Road residents to close off all roads
that access Finlay Road. Jon Fuller stated that this is a process that cannot be done through Board of
Selectmen or Planning Board, but must go through the public hearing process and then must be voted on
as an article at a town meeting, as advised by Town Counsel. The Planning Board discussed other
options such as controlling the vehicle type or size or signage prohibiting trucks.
Request for a Curb Cut on Route 39
The Planning Board discussed a letter to the Board of Selectmen from Dorothy Palin(Eli Rogers Road)
regarding a request by developer, Mark Nickerson for a curb cut on Route 39 in Orleans for a large land
clearing in Brewster. The Planning Board expressed their concern with the large amount of land clearing
that has taken place and questioned the long-term impacts on the Zone 2 in the Orleans watershed and
discussed the need for a Development of Regional Impact review by the Cape Cod Commission.
McKusick questioned whether the development will equal or exceed Zone 2 requirements or limitations
and how much it will affect Pleasant Bay. George Meservey stated that the Town of Brewster will have
to do it's fair share of protecting Pleasant Bay from nitrogen issues due to development.
ADJOURNMENT
MOTION: On a motion by Sims McGrath, seconded by Ken McKusick, the Board voted to
adjourn at 8:30 p.m.
VOTE: 5-0-0 The motion passed unanimously.
SIGNED: DATE:
(Paul O'Connor, Clerk)
Planning Board Minutes December 11, 2007 Page 4 of 4