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HomeMy Public PortalAboutPB Minutes - Orleans Comprehensive Plan 2006 ORLEANS COMPREHENSIVE PLAN ORLEANS PLANNING BOARD June 27, 2006—Minutes A meeting of the Orleans Planning Board was called to order at 7:00 p.m. in Meeting Room A at the American Legion Hall. Present: Chairman: Sims McGrath; Vice-Chairman: John Fallender; Clerk: Seth Wilkinson;Nate Pulling; Kenneth McKusick; Associates: Paul O'Connor; and Gary Guzzeau. Town Planner: George Meservey; and Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: John Hinckley(for Jon Fuller). ORLEANS COMPREHENSIVE PLAN UPDATE Meservey presented the Planning Board with an updated version of the Orleans Comprehensive Plan incorporating previous comments on the plan. The Planning Board discussed various action items that will be deleted from the Orleans Comprehensive Plan including the following: Item# Page# Description Action LU-11 4-41 Review Criteria for subdivision plans No action to be taken T-24 9-22 Eliminate Depot Square as a public This has been Transportation stop completed OS-12 11-16 Define needs for pocket parks No action to be taken OS-13 11-16 Design& construct pocket parks No action to be taken OS-19 11-16 Plan& design shore path No further action to be taken at this time. HC-9 12-27 Adopt new design guidelines This has been completed The Planning Board discussed other editorial changes to be incorporated into the Orleans Comprehensive Plan by the Planning Department. ORLEANS COMPREHENSIVE PLAN SCHEDULE July 25 Jannell& Meservey will make a public presentation of the Orleans Comprehensive Plan at the Planning Board meeting August 8 Public comment period Page 1 of 9 ORLEANS COMPREHENSIVE PLAN ORLEANS PLANNING BOARD July 25, 2006—Minutes A meeting of the Orleans Planning Board was called to order at 7:00 p.m. in Meeting Room A, American Legion Hall. Present: Vice-Chairman: John Fallender; Clerk: Seth Wilkinson; Nathaniel Pulling; Kenneth McKissick; Associates: Paul O'Connor; Gary Guzzeau. Town Planners: George Meservey John Jannell; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller; and Absent: Chairman: Sims McGrath. In the absence of the Chairman, Sims McGrath, John Fallender presided as the Acting Chairman and Gary Guzzeau voted as a regular member. PUBLIC WORKSHOP—ORLEANS COMPREHENSIVE PLAN FIVE YEAR UPDATE Meservey used a powerpoint presentation to show how the Orleans Comprehensive Plan has progressed during the first five years since it was adopted by the town in 1999. Meservey stated that 180 action items have been acted upon since the adoption of the plan. Meservey explained the chronology of the Orleans Comprehensive Plan as follows: 1993 - The Town of Orleans formed the Local Comprehensive Plan Committee. 1999 - The Orleans Comprehensive Plan was adopted by the Town of Orleans at Town Meeting. 2001 - The Orleans Comprehensive Plan was amended and certified by the Cape Cod Commission. 2005 - The Orleans Planning Board began the Orleans Comprehensive Plan five year update. Meservey noted that the Orleans Planning Board is dedicated to keeping the Orleans Comprehensive Plan current and up to date, and performs an annual review and gives a report at the Annual Town Meeting of the progress of various action items in the plan. Meservey noted that 37% of the Action Items have been completed in the first five years of the plan's 20 year scope. Meservey explained that the following 7 new Action Items have been proposed for the Orleans Comprehensive Plan: LU-14 Land Use Adopt a soil erosion and sediment control ordinance to minimize adverse impacts of development on adjacent an neighboring properties. LU-15 Land Use Amend Zoning Bylaw to mitigate possible unintended building growth from effective wastewater management facilities. LU-16 Land Use Expand apartment zoning in the Village Center provided the street level is used for business purposes. CF-34 Community Prepare administrative structure for town Comprehensive Facilities Wastewater Management Page 2 of 9 ORLEANS COMPREHENSIVE PLAN CF-35 Community Work with the Tri-town District to implement the recommendations Facilities of the 2005 Tri-Town Facility study to maintain a viable facility for the future. AH-14 Affordable Develop methods including improved deed restrictions to ensure the Housing long-term affordability of current and future affordable housing units. HC-23 Historic Secure a lot or site where the storage of historic structures would be Preservation appropriate and would save them from demolition. Planning Department comments on Proposed Action Items: Meservey noted that the Tri-Town plant is 20 years old and the Discharge Permit near its expiration date. The Board of Selectmen will work with the Tri-Town District Board of Managers to upgrade the facility for future use. Meservey explained that historic structures are being demolished in town due to the fact that there is no place to store them during the search for permanent placement. Meservey noted that it would be advantageous for the town to provide land for temporary storage of these buildings to avoid unnecessary demolition of historic structures. Meservey stated that the inventory sections of the Orleans Comprehensive Plan have all been updated. Meservey noted that all completed Action Items have been moved to an appendix. Audience & Planning Board comments: Mary Hartley(Salty Ridge Rd) complained that only 1/6"'of the 45,000 gallons per day of waste received by the Tri-Town Plant comes from Orleans and the rest is trucked in from other towns on the Cape. Hartley stated her objection to the Wright-Pierce recommendation to upgrade the Tri-Town Plant to receive 60,000 gallons per day. Hartley also noted that the Tri-Town Plant is located in a residential neighborhood near Namskaket Marsh. Paul O'Connor(31 Skymeadow Drive) stated that he does not recall the Planning Board voting on proposed Action Item under Community Facilities (number CF-35) entitled, "Work with the Tri- town District to implement the recommendations of the 2005 Tri-Town Facility study to maintain a viable facility for the future"at their June meeting when they voted on six other action items. O'Connor stated his perception from the studies that have been done, that this is more than just an upgrade to the Tri-Town Plant due to age and the alternate sites listed are not feasible. O'Connor stated the Planning Board needs to take into consideration that the Tri-Town plume has spread a mile underground towards Cape Cod Bay under Chase Lane. McKissick objected to O'Connor's statements and stated that it makes sense to use the Comprehensive Wastewater Management Plan studies, which he noted have already been paid for, to move forward in analyzing not just the Tri-Town Plant,but also the long range plan for the town. Meservey explained that the Planning Board agreed on June 27, 2006 to give Meservey Page 3 of 9 ORLEANS COMPREHENSIVE PLAN and Jannell discretion to take in all comments from Planning Board members and incorporate them as necessary into the proposed action items. ORLEANS PLANNING BOARD August 22, 2006—Minutes A meeting of the Orleans Planning Board was called to order at 7:00 p.m. in Meeting Room A, American Legion Hall. Present: Chairman: Sims McGrath; Vice-Chairman: John Fallender; Clerk: Seth Wilkinson;Nathaniel Pulling; Kenneth McKissick; Associates: Paul O'Connor; Gary Guzzeau. Town Planner: George Meservey; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller. ORLEANS COMPREHENSIVE PLAN UPDATE Meservey stated that the Orleans Comprehensive Plan has been updated with all of the input received from the Planning Board and public comments on the following Action Items: LU-14 Land Use Adopt a soil erosion and sediment control ordinance to minimize adverse impacts of development on adjacent an neighboring properties. LU-15 Land Use Amend Zoning Bylaw to mitigate possible unintended building growth from effective wastewater management facilities. LU-16 Land Use Expand apartment zoning in the Village Center provided the street level is used for business purposes. CF-34 Community Prepare administrative structure for town Comprehensive Facilities Wastewater Management CF-35 Community Work with the Tri-town District to implement the Facilities recommendations of the 2005 Tri-Town Facility study to maintain a viable facility for the future. AH-14 Affordable Develop methods including improved deed restrictions to ensure Housing the long-term affordability of current and future affordable housing units. HC-23 Historic Secure a lot or site where the storage of historic structures would Preservation be appropriate and would save them from demolition. Page 4 of 9 ORLEANS COMPREHENSIVE PLAN Public Comments: Mary Hartley(Salty Ridge Road) stated that she feels that the Orleans Comprehensive Plan Action Item CF-35 should be excluded from consideration and stated her objection to the word "implement" and noted that it is based on recommendations from a Wright-Pierce report. Hartley stated her opinion that the Septage Treatment Plant should receive necessary maintenance, but should not be upgraded to 60,000 gallons per day and should not include a treatment plant. McGrath noted that a significant majority of action items (in the existing Orleans Comprehensive Plan)use the word"implement". Fuller stated that the Board of Selectmen do not agree with the management study and have expressed concerns with the word"implement" and stated they would prefer a"review" and the implementation process slated for a later date. Hartley stated her objection to the inference that the Board of Managers is offering contracts to other towns thus committing to the need for increasing the capacity of the plant to 60,000 gallons per day. Fuller stated his opinion that the Wright-Pierce recommendations need further study before there is any serious thought of implementation. McGrath suggested that the word"implement" could be replaced with the word"evaluate"to alleviate Board of Selectmen and publicly expressed concerns. Fuller stated that the Orleans Comprehensive Plan may not get the full support of the Board of Selectmen with the word "implement". Fuller stated the Board of Selectmen would prefer the following: "evaluate recommendations and as feasible implement". Meservey commented that the Comprehensive Wastewater Management Plan has not been written yet and the recommendations would not take effect until FY '07—`10. Meservey stated that it is the intention to bring the Comprehensive Wastewater Management Plan to town meeting in 2008. McKusick stated that the two main issues are to maintain the plant's current usefulness and to work with the Tri-Town district to ensure long-term viability of the plant. O'Connor left the committee table and moved to the audience (and spoke as a resident of Skymeadow Drive)presenting a letter with his comments on the Orleans Comprehensive Plan addressed directly to Sims McGrath, Jr. as Chairman of the Planning Board, dated August 21, 2006 stating his opposition to proposed Action Item CF-35 and his opinion that the Comprehensive Wastewater Management Plan will be presented to the town in 2008, and therefore, no decisions should be made now regarding implementation at the Tri-Town Septage Plant. O'Connor also expressed concerns with the process used to include Action Item CF-35 in the Orleans Comprehensive Plan. O'Connor moved back to the Planning Board table. McGrath stated that having received O'Connor's letter, he listened the audio recording of the June 27, 2006 Planning Board meeting prior to this meeting and found that the process used by the Planning Board to discuss proposed Action Item CF-35 was appropriate, in order, and fully discussed by the Planning Board in an open meeting. By general consent after much discussion, the Planning Board members directed Meservey to amend the Orleans Comprehensive Plan and include the proposed Action Item in the draft Comprehensive Plan to be made available for public review as part of the public hearing process. McGrath noted that none of the proposed Action Items have been voted on to date, nor has the Planning Board voted to adopt the updated version of the Orleans Comprehensive Plan. It is clear that during the June 27, 2006 Planning Board meeting the board intended to receive and incorporate public comments into the Orleans Page 5 of 9 ORLEANS COMPREHENSIVE PLAN Comprehensive Plan document, including the Action Items, before taking an official vote on the document. McGrath noted all of the work that has been done on the Orleans Comprehensive Plan was presented and discussed in public forums and further stated his intent to put to rest the concerns brought up by O'Connor's contention that the Orleans Comprehensive Plan document was not handled properly. McGrath noted that on June 27, 2006 there were no dissenting comments about any of the items that were brought up for inclusion into the Orleans Comprehensive Plan document. McGrath reiterated that the Orleans Comprehensive Plan update has always been discussed properly in a public forum. MOTION: On a motion by Ken McKusick, seconded by John Fallender, the Board voted to amend the language for Action Item CF-35 to read as follows: "Work with the Tri-Town District to evaluate the recommendations of the 2005 study to maintain a viable facility for the future". VOTE: 4-1-0 The motion passed by a majority. (O'Connor voted against the motion). Comments: O'Connor stated his opinion that it is not the responsibility of the Town of Orleans to maintain the Tri-Town septage Treatment Plant, but that responsibility falls on the Board of Managers. O'Connor expressed his objection to the perception that there is a proposal to upgrade the Tri- Town Septage treatment Plant rather than just to maintain the plant as is currently operates. Fallender noted that it is possible that ownership of the Tri-Town could revert back to the Town of Orleans in the future. Fuller nodded in agreement with Fallender's statement and noted that regardless of whether the Town signs any agreement with the Tri-Town Board of Managers, the Town still owns the property where the plant is located. O'Connor responded that presently the Town of Orleans owns the property, not the Tri-Town facility. McKusick noted that the town has a vested interest in ensuring the plant's success. Mary Hartley stated that although the Tri-Town Plant needs ongoing maintenance, it is important to note that there is a difference between housekeeping and upgrading. McGrath stated that the town was encouraged to examine the maintenance and upgrading of the Tri-Town Septage Treatment Plant with funds which could be obtained through county grants. McGrath noted that the study, funded by Barnstable County required an"engineering evaluation of the capacity of the Orleans Tri-Town Septage Treatment Plant", noting that"the facility serves a regional area including most of the Lower Cape Towns". McGrath further noted that"the full scope of the study required a discussion of findings and on-going work by the USGS; an evaluation of septage treatment capacity for Barnstable County; a review of the regulatory and permitting issues; and a preliminary discussion about whether the site could accommodate a sewage treatment plant. The full proposal was also required to provide clarification of how this project would be integrated with the Town's facility plan and small flows grant". Page 6 of 9 ORLEANS COMPREHENSIVE PLAN MOTION: On a motion by Ken McKusick, seconded by John Fallender, the Board voted to adopt the updated Comprehensive Plan with the following seven proposed Action Items with the amended Action Item CF-35: LU-14 Land Use Adopt a soil erosion and sediment control ordinance to minimize adverse impacts of development on adjacent an neighboring properties. LU-15 Land Use Amend Zoning Bylaw to mitigate possible unintended building growth from effective wastewater management facilities. LU-16 Land Use Expand apartment zoning in the Village Center provided the street level is used for business purposes. CF-34 Community Prepare administrative structure for town Comprehensive Facilities Wastewater Management CF-35 Community Work with the Tri-town District to evaluate the Facilities recommendations of the 2005 Tri-Town Facility study to maintain a viable facility for the future. AH-14 Affordable Develop methods including improved deed restrictions to ensure Housing the long- term affordability of current and future affordable housing units. HC-23 Historic Secure a lot or site where the storage of historic structures would Preservation be appropriate and would save them from demolition. VOTE: 4-1-0 The motion passed by a majority. (O'Connor voted against the motion). ACTION: Meservey was asked to prepare a memorandum to the Board of Selectmen requesting that the updated Orleans Comprehensive Plan be included on the Special Town Meeting warrant for October 23, 2006. ORLEANS PLANNING BOARD September 26, 2006—Minutes A meeting of the Orleans Planning Board was called to order at 7:00 p.m. in Meeting Room A, American Legion Hall. Present: Chairman: Sims McGrath; Vice-Chairman: John Fallender;Nathaniel Pulling; Associates: Paul O'Connor; Gary Guzzeau. Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller; Tree Warden: Dan Connolly. Medical Absences: Clerk: Seth Wilkinson Town Planners: George Meservey; and John Jannell. Absent: Kenneth McKissick. Page 7 of 9 ORLEANS COMPREHENSIVE PLAN McGrath called the meeting to order and noted that since Regular Members, Seth Wilkinson and Kenneth McKusick are absent, the Associate Members, Gary Guzzeau and Paul O'Connor will be voting on all cases at this meeting. McGrath stated that on the advice of Town Counsel, the names and type of member (Regular or Associate) must be listed clearly for the record for each public hearing. PROCEDURAL NOTE: McGrath stated on the advice of Town counsel, the names and type of member(Regular or Associate) must be clearly listed for the record for each public hearing, especially when an Associate member is voting in the absence of a Regular member. 7:30 P.M.—ORLEANS COMPREHENSIVE PLAN UPDATE -PUBLIC HEARING In the absence of both the Clerk and the Acting Clerk, Fallender read the legal ad into the record for the public hearing on the Orleans Comprehensive Plan update. McGrath noted that the Orleans Comprehensive Plan update has been in progress for many months and has been approved by the Planning Board. McGrath noted that this final public hearing is being held to receive public comments on the Orleans Comprehensive Plan in its final form. Jon Fuller noted that the Orleans Comprehensive Plan update was presented to the Board of Selectmen and approved 4-0-0. Public Comments: There was nobody in the audience and no public comments were received. MOTION: On a motion by John Fallender, seconded by Nathaniel Pulling, the Board voted to close the evidentiary portion of the public hearing at 7:40 p.m. for the Orleans Comprehensive Plan update. VOTE: 5-0-0 The motion passed unanimously(Three Regular Members and two Associate Members). Page 8 of 9 ORLEANS COMPREHENSIVE PLAN ORLEANS PLANNING BOARD October 10, 2006—Minutes A meeting of the Orleans Planning Board was called to order at 7:00 p.m. in Meeting Room A, American Legion Hall. Present: Chairman: Sims McGrath; Vice-Chairman: John Fallender;Nate Pulling; Kenneth McKissick; Associates: Gary Guzzeau. Planning Department: John Jannell; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller. Absent: Clerk: Seth Wilkinson; George Meservey; Paul O'Connor. TOWN MEETING PRESENTATION OF ORLEANS COMPREHENSIVE PLAN UPDATE Jannell noted that the Planning Board will be presenting the Orleans Comprehensive Plan update at the Special Town Meeting on October 23, 2006 as Article 15. It was noted that this is an ongoing living document which helps the town in setting policies and zoning bylaws. The Planning Board noted that the following summary printed in the Special Town Meeting warrant is very informative for town meeting voters: "The Orleans Comprehensive Plan was last amended in 2001. The plan has served an important role in guiding Town policies and activities to protect the semi-rural seaside character of the community. At the 5-year interval, it is considered appropriate to update the plan to ensure that it remains an effective document. The 5- year update is also required to maintain the Cape Cod Cape Cod Commission's approval that the plan is consistent with the Regional Policy Plan". There followed a discussion of presentation slides and language. Page 9 of 9