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Home My Public Portal AboutPB Minutes 2003-11-03 ORLEANS PLANNING BOARD Special Meeting on November 3, 2003 —Minutes A meeting of the Orleans Planning Board was called to order at 4:00 p.m. on November 3, 2003,in Meeting Room A, Orleans Town Hall. Present: Vice-Chairman: Kenneth McKissick.; Clerk: Sims McGrath; John Fallender; Town Planners: George Meservey, John Jannell; Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Kendall Farrar; and John Hinckley; Finance Committee Liaison: David Dunford; Highway Manager: Bob Bersin; Tree Warden: Dan Connolly. Absent: Chairman: Alan Conklin;Nate Pulling; Associates: Gil Bamford; Seth Wilkinson. ANNOUNCEMENTS: The Chairman, Alan Conklin is ill. Ken McKissick will chair the meeting in the Chairman's absence. Nate Pulling's wife passed away November 2, 2003. 7:00 P.M. -TREE REMOVAL HEARING—Frederick Colton on behalf of Marcia Kennedy—68 Namequoit Road McGrath read the public legal notice into the record. Presentation by Terry Ryder: Terry Ryder(Ryder& Wilcox), Fred and Mary Ellen Colton, and John MacKenzie (the new owner of 68 Namequoit Road) were present. Ryder stated that they met with the Planning Board on this issue in February 2003. There is a large tree in the road layout, and visibility is obscured to the left. There has been some discussion of sharing the driveway. The Coltons and MacKenzie want to eliminate the driveway between Colton's house and garage. MacKenzie wants to access his property with his own driveway. Colton wants to eliminate access on the westerly portion of his property. There is one tree that is an issue. There has been a change in the proposal of sharing the driveway. There is an Option C Plan which shows another way to eliminate the driveway between Colton's buildings to access MacKenzie's property between the garage and Namequoit Road. There will be no new curb cuts. No new permits will be needed. Many trees (14-15)would be lost between garage and Namegooit Rd. This would be more of an impact than the removal of one tree in the road. Sims McGrath read letters from the following people into the record: Letter from Linda Manchon—undated letter Letter from William and Carol Wilcoxson—dated October 3,2003 Letter from Ronald&Linda Reed—dated October 7,2003 Letter from Malcolm&Dorothy Moody—dated October 7,2003 Letter from John A.MacKenzie—dated October 14,2003 Meservey stated that the Conservation Commission has seen the plan, but have not formally approved it yet(Plan Option B). They would be removing some pavement from the ACEC. Meservey stated that under the Scenic Road Act, if anyone is aggrieved by the decision, this can be appealed to the Superior Court. This is a joint hearing with the Tree Warden under the Public Shade Tree Act. Under Massachusetts General Law, Chapter 87 Section 4, it says if an objection is made by one or more persons, the Tree Warden shall not remove or grant a permit for cutting down the tree unless it is approved by the Selectmen. Sims McGrath clarified that this hearing has to follow to its conclusion, but this matter may end up before the Selectmen as well. Meservey felt the Wilcoxson letter is a letter of opposition. Ryder stated that he feels the Wilcoxson's letter is in error, and they may not understand the current plan. Colton stated that they are now talking about cutting down a tree that is substantially east of that tree. Planning Board Minutes November 3, 2003 Page 1 of 3 McKenzie asked about abutter notification. Meservey stated a legal ad is posted in the newspaper and the tree is posted before the public hearing. Connolly reiterated that the tree is in the town's layout and belongs to the Town of Orleans. Connolly stated that he has notified the town of the tree's value, and that it is a town asset that should be recognized. Connolly said the assessed value of the tree is $3,100.00. It is a Scarlet Oak in fair condition because of its location and condition. It contributes to the road canopy. Connolly stated that he still recommends against cutting and removing this tree. McGrath read the Tree Warden's report from the minutes of the February 25, 2003 hearing. Fallender asked if the tree is tree cut down, could it be replaced. Connolly stated there is no way to replace a tree of that size. They would use the funds to purchase smaller trees for other parts of town. Connolly said there would be trouble re-establishing a large tree. Bersin told the Planning Board, residents of Orleans want trees to be preserved. In this case, there are three pieces of property with common access. There is a site distance problem with the tree. There is deeded access for the other properties. The trees are more valuable in the area where the driveway is proposed, than the other trees by the garage. The Plan does not show Heritage Drive. This is a well used intersection. Bersin stated they cut the hill down to the right of Heritage Drive. This new curb cut would add another variable to the mix where the driveway is proposed. The existing lots already have access. Speed is a problem on Namequoit Road. Meservey showed the board color photos of the area with 5' and 10' site distances. Bersin stated that the standard is 10' back—3 /z' high. Ryder stated that the proposed driveway is better in relation to Heritage Drive. McGrath stated that there are three houses using one curb cut presently, which is not an ideal situation. McGrath asked Bersin if there were no site distance issue for the proposed driveway, and we can get 2/3rds of the volume out of the existing curb cut, to a location that had better site distances, would there still be something objectionable from a road standard perspective. Bersin stated that access should be off a minor road, not a major road. Bersin stated that this is an instance where the common access is the minor road. It is better to have a single curb cut rather than many curb cuts on a major road. If that were a subdivision it would have a single road and the driveways would come off that minor road. McGrath asked about Option B and whether it is still a climbing grade at the road layout or is it level. Ryder stated that it is a level plateau. McKissick asked if the Conservation Commission is aware of the new driveway plans. Ryder said yes. MacKenzie stated that no big trees will be taken down other than the one being discussed. Ryder stated the driveway will be paved because it is quite steep. MacKenzie stated that there are two major problems (1) this is an imposition to drive in through Colton's private property(a lack of privacy); and(2)it is a danger issue where the mailbox has already been hit by cars. The new driveway would be safer. Mary Ellen Colton stated that she lives there year round. Colton stated that they do presently have access to their property, but the new driveway would be better for safety and privacy. McGrath noted that better site distance is a safer intersection. Bersin—have a tree preservation responsibility. There is currently no valid Access By-Law. The Town of Orleans doesn't want trees taken down. Access management is a big problem in town. Meservey stated that he and Bersin are working on an Access By-Law for the Planning Board to review. Colton stated that speed is not controlled on Namequoit Road in the morning. There are many construction trucks coming down the road. Planning Board Minutes November 3, 2003 Page 2 of 3 Colton stated that the Board should be more concerned with safety than tree preservation. McKusick closed the public comment portion of this public hearing. Comments from the Board: McGrath stated that the underbrush is a big problem and needs to be cut back for site distance. McGrath said they should clear out brush, not bring down the tree. McKusick suggested that the board members meet at the site on November 4, 2003 at 2:00 p.m. to talk about options. The board agreed that they want to see the Conservation Commission appraisal regarding drainage. Fallender agreed with the undergrowth brush problem. MOTION: On a motion by Sims McGrath, seconded by John Fallender, the Board voted to continue the public hearing to the next Planning Board meeting on November 25, 2003 at 7:00 p.m. VOTE: 3-0-0 The vote was unanimous. Roundtable for Growth Centers McKusick told the board members about a Roundtable meeting about Growth Centers on Friday,November 14, 2003. ORLEANS COMPREHENSIVE PLAN RECOMMENDATIONS FOR FY '05. Meservey discussed various items of the Orleans Comprehensive Plan Recommendations for FY `05 with the Planning Board members. McGrath stated that the following areas are high priority: 1) Wastewater—protect groundwater 2) Safety—improve traffic and parking 3) Village Center Planning 4) Open Space 5) Shellfish Management McGrath noted that the Planning Board is charged with implementing the Orleans Comprehensive Plan. The Planning Board went through the implementation table and identified items of priority importance. The Planning Board asked George Meservey to pare down the list of priorities according to their discussion and send it on to the Board of Selectmen. ADJOURNMENT MOTION: On a motion by Sims McGrath, seconded by John Fallender, the Board voted to adjourn the meeting at 6:20 p.m. VOTE: 3-0-0 The vote was unanimous. SIGNED: DATE: (Clerk: Sims McGrath) Planning Board Minutes November 3, 2003 Page 3 of 3