HomeMy Public PortalAboutPB Minutes 2005-06-14 ORLEANS PLANNING BOARD
June 14, 2005 —Minutes
A meeting of the Orleans Planning Board was called to order at 7:00 p.m. in Meeting Room A, Orleans
Town Hall. Present: Chairman: Kenneth McKusick; Vice-Chairman: Sims McGrath; Clerk: John
Fallender;Nate Pulling; Associates: Paul O'Connor; Gary Guzzeau. Town Planners: George Meservey
Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller; Orleans
Conservation Trust: Vince 011ivier. Absent: Seth Wilkinson.
Discussion: Ralph L. & Sherry L.Boas—Chase Lane
O'Connor stated he is an abutter to this property and offered to recuse himself. McKusick noted this is only a
discussion, and when this comes before the Planning Board as a Definitive Cluster Subdivision Plan,
O'Connor may want to recuse himself at that time.
Peter Soule (Soule Land Surveying)presented this application as a 5-lot cluster subdivision proposal for this
property. Soule stated that a cluster subdivision was recommended at the Preliminary stage. There is open
space around the perimeter of the property totaling approximately 40% of the total area of the property.
There is 35% of buildable upland, as required. All of the lots have frontage on the proposed way known as
Chase Lane. None of the lots have frontage on Boas Drive. Soule stated his opinion that a cluster
subdivision is a better approach for this property. Except for the existing building, none of the other
buildings or septic systems will be closer than 200' to the Conservancy District line. There will be open
space abutting the road and abutting properties around the subdivision. There is little topographic change on
the remaining lots. A cluster subdivision provides a larger area for wildlife habitat. The views for Lots 1, 2
& 3 will be preserved. The Town of Orleans owns landlocked property(which was taken for tax title)
abutting the subdivision. Ultimately all access and utilities will be eliminated from Boas Drive. All lots will
be accessed by Chase Lane. There is a Linden tree that they hope to save by placing the road around it.
Ken McKusick—comments from audience.
Comments:
Judith Finn(abutter) expressed her wish that the Linden Tree be saved. Vince 011ivier stated that Linden
trees have "fussy"root systems and are difficult to deal with. Soule said the road construction will be as far
away from the Linden tree as possible.
Vince 011ivier(Orleans Conservation Trust)referred to a letter on file dated January 18, 2005 with
information provided to the Planning Board on State listed species that occur in this vicinity.
Fallender asked if the applicant has met with the Board of Health regarding a common septic system or a
denitrification system. Soule stated this property does not lend itself to a common septic system. Soule said
this property is not in the Area of Critical Environmental Concern(ACEC) for groundwater.
McGrath asked if there is a restriction for access for Lot 5. Meservey stated this has been handled. McGrath
stated that the open space does not appear to be contiguous. Meservey answered that the requirement is for
buildable upland, not contiguous upland.
McGrath asked if the plan will require waivers. Meservey stated that waivers will be required on the
panhandle lots (Lots I &2), and there are issues with Board of Health regarding the building on Lot 2. The
Planning Department has not received a letter from Board of Health regarding these issues.
Planning Board Minutes June 14, 2005 Page 1
Meservey noted the Fire Department has asked for a fire hydrant on Boas Drive. McGrath stated this
request is due to the additional dwelling accessed on that road, and concerns with the length of the drive.
Meservey noted the Fire Department requires adequate water for fire fighting in this subdivision. 011ivier
asked about the size of the water main on Chase Lane, and Soule told him it is 8".
Meservey noted the lots must meet the shape factor.
Fallender asked how the common land would be owned. Soule stated the town bylaw allows different
methods of ownership (i.e. it can be conveyed to the Town, it can be conveyed to a non-resident trust like the
Orleans Conservation Trust, or it can be conveyed to a trust comprised of owners of the properties). The
document restricts land to be maintained as open space. Meservey stated there must be a restriction in place
to protect open space in its entirety, and a Maintenance Agreement is required.
O'Connor asked why costs are unfavorable for common septic systems. Soule said common septic systems
are much more expensive than 4 or 5 conventional systems and there is the issue of the cost and
maintenance. Soule stated he will address the issue with the Board of Health. O'Connor pointed out the
importance of this subdivision as it is close to an area of environment concern, and this would be an
opportunity to reduce nitrogen into coastal waters. Meservey stated that cluster septic systems are built and
paid for by the developer, but in regular subdivisions the septic systems are installed and paid for by the
property owner.
011ivier explained that untreated nitrogen products travel rapidly through groundwater systems towards the
marsh, but there is a soil barrier keeping effluent from going in the direction of the marsh. Currently the
plume is traveling underneath the Boas property in a northwesterly direction. Only recently the effluent is
traveling through the clay layer and going through the hydrological system of Namskaket Marsh. The USGS
is monitoring this situation closely. A Conservation Restriction can address these issues. It might be
possible to use the open space area closest to Chase Lane to tie in more homes for a receiving area.
McKissick stated this issue needs to be addressed because it is better to have one community system.
McGrath indicated that the cluster proposal benefits the public interest with improved access, improved
septic systems, it is further away from the marsh, and it adds open space to the Town's inventory.
O'Connor asked about the ownership of open space and whether it allows for the use of open space for
subsurface disposal. 011ivier stated the bylaw does not address this question. 011ivier said the Orleans
Conservation Trust does not want to own a Conservation Restriction that allows for subsurface filtration of
treated effluent. The Orleans Conservation Trust does not have the resources to deal with liability, etc.
011ivier said this is an issue that needs to be dealt with in a municipal or county way. It might be possible to
look at Open Space A or B, for a common system(i.e. a receiving area for the neighborhood). This area
could be conveyed to the Town. McKissick noted we don't know how this will affect Cape Cod Bay.
O'Connor noted that care needs to be taken in methods of conveying open space; it does not benefit the town
to have exclusions placed on open space land.
011ivier stated the landowners must make decisions regarding open space land. It does not have to be a land
trust. 011ivier stated there is a difference between conservation land and open space land and how they can
be used.
Ann Boas (abutter) asked when Boas Drive will cease to be used for access and utilities to this subdivision.
Soule stated that once Chase Lane is built, the utilities will be moved and access to Boas Drive will cease.
McGrath noted that Covenants can be placed on the land to require these changes prior to selling the lots.
Planning Board Minutes June 14, 2005 Page 2
Soule asked if it is advisable to go ahead with this cluster proposal. McKissick responded"there is nothing to
preclude you from thinking that is a reasonable thing to do".
Old Business
Town Survey Questions
The Planning Board discussed revisions to the town survey questions. The survey is slated to be distributed
in the middle of July with a one month return date. The survey will be publicized and noted at Board of
Selectmen meetings.
Action: The Planning Board will discuss the latest revisions at the June 28, 2005 meeting. Meservey asked
Planning Board members take the survey on the web as a test.
2005 Summer Schedule
The Planning Board agreed to a reduced meeting schedule for the summer of 2005. The Planning Board will
meet on July 12, 2005 and August 9, 2005 and agreed to cancel the meetings scheduled for July 26, 2005 and
August 23, 2005.
Horsley-Witten Report— Wastewater Management District Planning Recommendations
The Planning Board discussed the zoning recommendations in Chapter 9.1 Growth Management Issues,
from the Horsley& Witten report entitled, "Orleans Integrated Water Management District: A Holistic
Wastewater, Water Supply and Stormwater Management Framework"dated May 16, 2005.
Action: The Planning Board agreed to forward the recommendations on to the Zoning Bylaw Task Force for
review and input.
Association for the Preservation of Cape Cod—Ma,-,-ie Geist
Meservey stated that Maggie Geist will be a guest speaker at the June 28th Planning Board meeting to
discuss Smart Growth in the downtown.
Orleans Comprehensive Plan Update—Historic PreservationlCommunity Character Chapter
Meservey stated the Historic Preservation chapter includes minor updates to the inventory. The Historical
Commission was asked for input. The basic changes are CG36500 (Coast Guard boat)was added to the
State Register and Sea Call Farm was added as a noteworthy location. There was an update on the history of
the Historical District effort in East Orleans which has not resulted in any designation. This effort has not
continued.
Planning Board Minutes June 14, 2005 Page 3
Committee Reports
Wastewater Management Steering Committee—Sims McGrath
McGrath stated that the Wastewater Management Steering Committee has been involved in a
number of studies. The first study was a grant from West Virginia University which funded Horsley
& Witten's assessment of how to set up a wastewater management entity in the town. The second
grant was from the County to Wright-Pierce to do an assessment on the Tri-Town Septage Treatment
Plant. This was a desktop study, it did not involve any new surveys or test bores. Using existing
data, they did a mechanical assessment of the plant as it exists. Mike Giggey(Wright-Pierce)wrote
a series of letters explaining the process and completed with a summary letter dated June 6, 2005.
McGrath said Mike Giggey's final presentation ran through a number of different options, and
stressed that the Tri-Town Plant is not the answer to Orleans' wastewater issues, but because it is
here, it is most likely to be a pretty big part of the answer, and there are a number of different ways it
can fill that role.
McGrath stated there were 5 responses to the Request for Proposals for a Comprehensive
Wastewater Management Plan. The proposals appear to be thoughtful, comprehensive, and qualified
and hopefully 2-3 of them are highly advantageous. The Wastewater Management Steering
Committee will start discussions on the proposals at their June 23, 2005 meeting and plan to start
interviewing consultants in early July 2005.
Approval of Minutes: May 24, 2005
MOTION: On a motion by John Fallender, seconded by Sims McGrath, the Board voted to approve
the minutes of May 24, 2005.
VOTE: 5-0-0 The vote was unanimous.
ADJOURNMENT
MOTION: On a motion by Nate Pulling, seconded by John Fallender, the Board voted to adjourn at
9:35 p.m.
VOTE: 5-0-0 The vote was unanimous.
SIGNED: DATE:
(Clerk: John Fallender)
Planning Board Minutes June 14, 2005 Page 4