HomeMy Public PortalAboutPB Minutes 2003-10-14 ORLEANS PLANNING BOARD
October 14, 2003 —Minutes
A meeting of the Orleans Planning Board was called to order at 7:00 p.m. on October 14, 2003,in Meeting
Room A, Orleans Town Hall.
Present: Chairman: Alan Conklin; Vice-Chairman: Kenneth McKissick, Clerk: Sims McGrath;Nate
Pulling; John Fallender; Associates: Gil Bamford; Seth Wilkinson; Town Planners: George Meservey,
Secretary: Karen Sharpless. Also Present: Finance Committee Liaison: David Dunford. Board of
Health: Jan Schneider; Susan Christie; Augusta McKissick; and Bob Canning. (Health Agent). Absent:
Board of Selectmen Liaison: Ken Farrar.
BOARD OF HEALTH-Discussion of mutual issues
Meservey explained various aspects of onsite wastewater disposal, wastewater management plan, and
sewage disposal. McKissick stated that there are restaurants that have wanted to expand Title 5 has held the
limit to growth neutral. Title 5 has a lot of restrictions (i.e. new green space, building code, etc.)
Canning and Meservey decided that both Boards (Board of Health and Planning Board)needed to get
together to discuss wastewater management issues for the town. George Meservey noted that both boards
have a regulatory role to safeguard the town's growth. George Meservey stated that as we come up with
better wastewater management solutions for Orleans, we don't want to end up with development that is
inappropriate as to other aspects of town. People are concerned about the town's growth in the next 5, 15 or
20 years.
All of these issues deal with business districts and residential districts.
1. What kinds of problems have you had due to onsite wastewater disposal?
a. Schneider stated that there are problems with the area vs.restrictions that are currently in
place or need to be in place.
b. Canning stated that site restrictions are based on the size and shape of the lot, soil conditions,
whether you can place a septic system on that area. One of the biggest problems is high
sewage flow generators (i.e. restaurants, laundromats, gymnasiums, beauty salons, doctor's
offices, etc). These are all Title 5 users. Another big problem is storm-water drainage.
Potable wells on properties are limited based on the number of bedrooms. Wastewater
management plan means nitrogen sensitive areas will be expanded because of salt water
embayments. They will be more stringent than 1 bedroom per 10,000 square feet or 110
gallons per 10,000 square feet.
2. Gussie McKissick stated that much of the property left in town is marginal and will require variances
between Planning Board, Board of Health and Conservation Commission. If we remove Title 5 as a
condition there could be significant amount of different development in this town. There are
restaurants that would love to expand but are constrained by the number of seats and get to nitty-
gritty details (even down to menus—as they did with Land Ho). There have been places that want
to change and grow. Up until now, Title 5 has been a very effective defacto zoning tool. We are not
setting up for a big decrease or big increase in growth. But if Title 5 is out of the way and not
available to control or shape growth, it will fall totally on the shoulders of the Planning Board and
they should look at it now. After a question from McGrath, McKissick clarified that she means
growth neutral. McGrath explained that growth neutral means it will not affect the pattern of growth
that appears to be underway; it will not overly restrict nor will it overly promote growth in the future
if the plan that is under discussion is implemented. Meservey explained that the town can be
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expected to grow to about 10,000 people and we want to make sure that wastewater management
solutions don't change that appreciably. It will mean tightening up some regulations that are in the
Zoning By-Law as we get closer to the implementation of wastewater facilities.
Canning talked about shared parking restrictions and possible problems and bottlenecks during summer and
holiday periods.
A concern was brought up that service workers are not able to afford houses in Orleans.
Gussie McKissick stated that Wise Living is putting in 84 bedrooms on under 3 acres of land. Because of
stringent regulations the town is requiring Wise Living to put in a system that reduces the nitrogen to 5 ppm
at the lot line as opposed to 35 ppm concentration of untreated affluent.
Canning stated that the Board of Health has a notification system with homeowners regarding their septic
pumping time. He says it has been very successful.
Gussie McKissick stated that there is a bylaw §164-22 that allows a person with a 1 acre lot to develop a
second home. She stated that when looking at buildout and doubling the number of houses allowed on 1 acre
lots, it would be incredible. McKissick stated that this town would look quite different and she hopes the
Planning Board will look at changing this bylaw. Meservey explained that this is a modification of Zoning
Bylaw §164-22-A-7. Any lot that has 40,000 sq. ft that was created prior to 1982 is grandfathered in for a
second dwelling. The number of possible properties that fit in this category is 500-700 more houses.
According to MLS listings, more single family houses are being sold as condominiums.
The Wastewater Management Plan—Water Quality Models are due June 30, 2005. The next step is how to
prioritize, doing a Needs Assessment. By 2007 the town will have developed the solutions.
Meservey explained that the earliest facility funding article would be expected to not come to Town Meeting
before May 2008 or 2009.
Wilkinson stated an opinion that the Town of Orleans needs to wean itself off Title 5 and set rules and
regulations that protect the environment.
McGrath noted that the Long Range Plan was crafted to help us see where the town was headed. The
Planning Board and Board of Health are jointly responsible for re-crafting regulations to eliminate our
dependence on wastewater disposal as a growth control tool: take it out of the equation. We have to find
other means to accomplish the same goals. I don't view it as our opportunity to re-craft the future of
Orleans; it is re-crafting our regulations so that when new wastewater techniques come in, they have a
neutral effect on the growth patterns of the town.
McKissick asked if this allows the town to look at growth centers in town. There will be great pressure to
increase the population density downtown. It would also allow medical centers. It would allow outdoor
dining, bigger restaurants, George Meservey to stay neutral you would have to adopt more restrictions in
other parts of town.
Outdoor Dining: Meservey stated that the Board of Health has certain restrictions—Gussie McKissick
explained that a restaurant comes in with a request for more seats. The State says you must have so many
gallons of treatment capacity for so many seats (flow equation). The Board of Health has said if you don't
have silverware, dishes or napkins,you may not count the seats that are being served. Sometimes the Board
of Health will make special allowances so the restaurant does not have to count chairs as seats. Title 5 limits
restaurants.
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Wilkinson asked if the Planning Board relaxed the parking regulations if that would present a problem for the
Board of Health. Gussie McKissick stated that it would not be an issue.
Canning stated that there are some issues with parking where a restaurant would be willing to use potentially
unsafe areas chained off to provide outdoor dining. Some restaurants think that putting up a simple chained
walk would protect the patrons.
The Board ofHealth members left at this point of the meeting with the understanding that there will be the
need for more meetings in the future.
LOBSTER LANE—ACCEPTANCE AS A TOWN ROAD
Lobster Lane Association was represented by Harry Mirick. Mr. Mirick stated that he met with Bob Bersin
(Highway Manager), and Tim Brady(Engineer) about Lobster Lane. Mirick stated Bob Miner said that
Bersin will be happy with two new catchbasins (double the capacity of the leaching field). The storm drains
need to be lowered. There will be a berm on the road. There is a public hearing with Board of Selectmen on
October 29, 2003. McGrath suggested that the Planning Board send a letter to the Board of Selectmen
addressing Bersin's concerns. Also need to submit a detailed plan with utility locations.
MOTION: On a motion by Sims McGrath, seconded by Nate Pulling, the Board voted to approve the
acceptance of Lobster Lane as a town road provided the Highway Manager is satisfied with the remedies and
his requirements are met prior to acceptance.
VOTE: 5-0-0 The vote passed unanimously.
TREE REMOVAL HEARING—Frederick Colton on behalf of Marcia Kennedy—68 Namequoit Road
has been postponed because the tree was not properly posted.
SEDIMENTARY CONTROL BYLAW-The Planning Board received comments from the Conservation
Commission and Building Department regarding a possible Erosion and Sediment Control Bylaw.
Wilkinson noted Brian Harrison's idea of requiring a performance bond to go along with the Curb Cut Permit
that would require the property owner to clean up the road and any affected catch basins.
LETTER TO ANDREA ADAMS REGARDING EXTERIOR LIGHTING AND ILLUMINATED
SIGNS-The Planning Department wrote a letter to Andrea Adams thanking her for coming to give a talk to
the Planning Board about exterior lighting and signs and for offering her assistance to the board in the future.
ZONING BYLAW TASK FORCE—to be discussed at the Planning Board's next meeting. Meservey
suggested the Planning Board look at §164-22-A-7 of the Zoning By-Law for possible deletion. This By-law
allows a person with a 1 acre lot to develop a second home. Any lot that has 40,000 sq. ft that was created
prior to 1982 is allowed a second dwelling.
UPDATE OF CURRENT LOCAL COMPREHENSIVE PLAN—McKissick spoke to the Planning Board
about a letter he and George Meservey wrote regarding Updating the Local Comprehensive Plan. The first
item is the Inventory in each Chapter by next year. Then they will look at the implementations. It needs to
be presented at the Town Meeting in May 2006. They have proposed that the actual development and
writing of the updated Plan be done in 2005.
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Local Comprehensive Plan Budget Priorities - The charter requires that all boards and committees use the
Comprehensive Plan for preparing their budgets. A few weeks ago a copy was sent to all boards and
committees for their review and updating implementation items and what items need to be worked on. This
is due to the Board of Selectmen November 14th, 2003. There needs to be a Planning Board meeting in
November to get this done. The Planning Board decided to meet on Monday,November 3rd at 4:00 p.m.
APPROVAL OF MINUTES:
MOTION: On a motion by Ken McKusick, seconded by Nate Pulling, the Board voted to approve the
minutes of September 23, 2003.
VOTE: 5-0-0 The vote passed unanimously.
ADJOURNMENT
MOTION: On a motion by Nate Pulling, seconded by Ken McKusick, the Board voted to adjourn at
8:45 p.m.
VOTE: 5-0-0 The vote passed unanimously.
SIGNED: DATE:
(Clerk: Sims McGrath)
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