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HomeMy Public PortalAboutPB Minutes 2003-09-23 ORLEANS PLANNING BOARD September 23, 2003 —Minutes A meeting of the Orleans Planning Board was called to order at 7:00 p.m. on September 23, 2003, in Meeting Room A, Orleans Town Hall. Present: Chairman: Alan Conklin; Vice-Chairman: Kenneth McKusick; Clerk: Sims McGrath; Nate Pulling; John Fallender; Associates: Seth Wilkinson; Town Planners: George Meservey, John Jannell; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Kendall Farrar; and Finance Committee Liaison: David Dunford; Andrea Adams (Cape Cod Commission). Absent: Gil Bamford. OUTDOOR LIGHTING John Jannell introduced Andrea Adams (Cape Cod Commission-Planner) for more details regarding lighting regulations. Adams stated that she has been doing lighting reviews since 1996. Adams did a survey of other towns on Cape Cod regarding lighting by-laws. Most other towns have lighting reviews in their Site Plan Review process. Adams stated that towns need to have a coordinated lighting review. Orleans is comparable to other towns with their lighting measurements. The keys include defining the following: Light types, Fixture types, On-building light heights Pole light heights Shielding or cutoff requirements - You don't have to have a foot candle level maximum like in the Cape Cod Commission's Technical Bulletin. Adams stated that light meters are relatively inexpensive (Andrea Adams had one with her that cost approximately $200.00). Adams explained the following definitions: 1) "Foot candles"means "the intensity of a tallow candle at one foot distance"; and 2) "Measuring lighting"means "Maximum light intensity at ground level". Adams noted that it is important to shield lights as well as limit their intensity. Adams stated that the town must deal with light type. It is important to have the light cone down so the light will spread out where it is needed the most. Adams reminded the board that when you are using the Implementing Bulletin, it is important to let companies know you are serious and you expect them to implement the design. Generally code enforcement is handled at the receipt of a complaint. The Cape Cod Commission's standard is 8 foot candles. Federal codes generally are only used for aircraft. Orleans Li2htin2 Survey: Jannell gave an overview of a lighting survey done around town by Andrea Adams, John Jannell and John Fallender. At the Town Hall, they measured the street light for the handicapped access over the ramp. At the Mobil canopy there were lights unshielded and hanging down. Cumberland Farms had lights hanging down, but shielded. Storefront measurement—the light was fully shielded. The Stop & Shop lights were on stanchions. At the Post Office Square the lights were largely unlit—on double headed poles where one light was working and the other one was not. At the Christmas Tree Shops, there were coach light style lamps, but the light was directed up into the sky and not hitting the ground where it was needed the most. Jannell stated that shielding and glare are extremely important points to deal with. Community Character: Adams stated that there are ways you can deal with community character design with lighting regulations. McKusick asked the Planning Board to think about why they are doing this. McKusick noted that the following are important issues: 1. Community Character; 2. energy efficiency; and 3. safety. McKusick also stated the need for a reduction of nightglow and glare. Adams stated that the town needs to deal with lighting in a way that it will do the most good. Planning Board Minutes September 23, 2003 Page 1 of 5 Wilkinson suggested that the code enforcement officer have a meter to quickly resolve light output disputes. McGrath asked if the local Cape by-laws show any value in creating separate regulations for residential areas vs. commercial districts. Adams said"no, that is usually part of parking regulations in commercial areas". Sign Li2htin: Fallender asked about regulations for sign lighting. Adams stated that you could target internally illuminated or flashing signs (i.e. no neon). Adams also noted that the town can require lighting from the top going down as opposed to shining from the ground up. The Planning Board thanked Andrea Adams for a very informative discussion.- APPROVAL NOT REQUIRED—James Hare and Pamela Hare Schoemann -215 & 219 Beach Road Larry Wilcox(Ryder and Wilcox)represented the applicant. Wilcox stated there are currently two lots. The applicants inherited this land and want to change the configuration. There are multiple structures on this property. The applicants would each one of the properties. They went to the Zoning Board of Appeals to allow them to adjust the lot line. Meservey stated that the Planning Department feels this Approval Not Required plan meets all submittal requirements. They have been approved by the Zoning Board of Appeals to move the lot line. McKusick asked about Board of Health approval for septic system and backup septic system. Meservey stated that does not fall under the Planning Board decision process. MOTION: On a motion by Sims McGrath, seconded by Nate Pulling, the Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for James W. Hare and Pamela Hare Schoemann, dated September 16, 2003, scale F= 30';,by Ryder& Wilcox, Inc. VOTE: 5-0-0 The vote was unanimous. ROAD ACCEPTANCE—Recommendation on Lobster Lane for acceptance as a town road Harry Mirick(homeowner)represented the Lobster Lane Homeowner's Association in a request for the town to accept Lobster Lane for acceptance as a town road. The Board of Selectmen will hold a public hearing on October 29, 2003 and the Planning Board has been asked to make a recommendation on this request. This would then go to the Board of Selectmen for a public hearing and then to town meeting for possible acceptance by the town voters. Harry Mirick(homeowner) stated that Tim Brady(East Cape Engineering, Inc.)reviewed the road and in a letter dated September 11, 2003, he stated that the "road is in substantial compliance with the original design plans". Brady did note that"the leaching system for these catch basins is not adequate". There are road drainage problems that cause runoff, but Harry Hunt agreed to replace the tanks to help remedy the problem. Bob Bersin(Highway Department) showed the Planning Board a plan profile for this road. Bersin stated that the plan needs to show the gas and water lines. There are leaching systems on private property that the town would need easements to, or they can't be replaced in the future. The water easement on the back side should show on the official plan. Underground utilities should be shown on the plan. The catch basins in road are too high and the snowplows will hit them in the winter. The stormwater is not draining properly. The crown is too high. There is a lot of sediment. The first house is taking much of the road drainage. The berm is very flat—it needs to be higher and filled in behind. There is not much detail on the cross section of the plan provided. There is a trail of sediment coming down from the houses. Planning Board Minutes September 23, 2003 Page 2 of 5 Wilkinson expressed concerns about Brady's letter regarding the catch basins. Most of the water was seen bypassing the drains during a heavy rainstorm on the evening of September 23, 2003. McGrath stated his concern with damage to town equipment due to the catch basins being too high. McGrath as how vital the crown issue is. Bersin stated that water on road ways ruins them. Farrar stated the Board of Selectmen only accept two road requests per year for possible acceptance as town roads. A question was asked about what the benefit is to the town to take the roads. Bersin stated that the benefit that the town is serving the citizens by taking care of town roads. Bersin noted that there are not a lot of stipulations for taking over a road. The Board of Selectmen state that the road has to be in"good condition"to be accepted by the town. Bersin expressed a opinion that there should be an Association formed in new subdivisions to take care of issues like road repairs and plowing. Bersin stated that people move here and are suddenly confronted with having to plow and repair their own roads. Various members of the Planning Board expressed with the problems on this road and made a recommendation that a more complete plan be provided. Pulling stated that he couldn't make a recommendation at this time to accept this road. Meservey stated that a concern is whether the town is taking on any financial liability and what are the safety issues. McGrath suggested that the Association should make some agreement with the town for fixing the road before taking it. McKissick stated that he feels it is not the Planning Board's responsibility to deal with the Association to fix the road prior to approval—it is the Board of Selectmen's responsibility. McGrath suggested Harry Mirick call Bob Bersin and get the list of concerns to take to the Association. Bersin agreed to put his comments in a memorandum and send it to the Planning Board and the Association. The Planning Board directed George Meservey to write draft memo to the Board of Selectmen for review at the next Planning Board meeting on October 14, 2003. BUSINESS CORRIDOR DISTRICT STUDY The Planning Board discussed the need for a member to present the results of the Business Corridor District Study to the Board of Selectmen. MOTION: On a motion by Nate Pulling, seconded by Ken McKusick, the Board voted to nominate Sims McGrath to make a presentation of the Business Corridor District Study results to the Board of Selectmen. VOTE: 4-0-1 The vote passed by a majority. (Sims McGrath abstained). Sims McGrath agreed to the nomination. OLD BUSINESS Zoning Adoption Schedule Meservey explained the need to have possible zoning bylaw language in place within two months. There are six(6) potential articles to be forwarded to Zoning By-Law Task Force for review. Li2htin2 Bylaw Planning Board Minutes September 23, 2003 Page 3 of 5 McKusick asked Meservey to check with | in drafting language for opossible lighting bvbxr. Orleans Comprehensive Plan Implementation Meservey told the Planning Board is charged with reviewing all the implementation action items iu the Orleans Comprehensive Plan annually and making oreoommencation to the Board of Selectmen for the highest priorities for funding. This is now built into the budget process. It helps the Board of Selectmen understand the funding priorities. M000rvoy sent the action items out to the various town doponmon10 for their response. The Planning Board needs to recommend priorities. George M000rvoy to bring loot yoor`o top twenty items to rank the priorities and can odd to h. Wastewater Management Steerin2 Committee MoKuoiok o Wastewater Management Steering Committee meeting on September ||, 2003 regarding o Small Flows Grant 8F9 (Request for 9ropoo There will bo another meeting on Thursday, September 25, 2003hu further discuss dho8F . The basic expectation-,for the rf is recommendations for The 8F9 will bo sent out in December 2003 and oxpoo June 2004. The Deliverable will boo model that io applicable for Orleans and other Cc-opotowns and around the 000ntg'. The Planning Board will meet with the Board of Health on October 14, 2003. One of the i00000 is how population density io being affected bvvhatA*+BoordofHealth how that will change when you | change what's going into the ground. NEW BUSINESS George M000rvoy stated that the November ||, 2003 meeting must bo cancelled due to the Veteran's Day Holiday. MOTION: On a motion by Sims McGrath, seconded by Ken McKusick, the Board voted to cancel November ||, 2003meeting. VOTE: 5-0-0 The vote was unanimous. APPROVAL OF MINUTES: MOTION: Ono motion bv Ken McU{uwick. seconded by John Folleoder. the Board voted to approve the nninotoo of September 9, 2003. VOTE: 5-0-0 The vote was unanimous. ADJOURNMENT MOTION: Ono motion bvNate Pulling, seconded by Sims McGrath, the Board voted to adjourn o19:|0p.nn. Planning Board Minutes—September 23, 200J Page 4o[5 VOTE: 5-0-0 The vote was unanimous. SIGNED: DATE: (Clerk: Sims McGrath) Planning Board Minutes September 23, 2003 Page 5 of 5