HomeMy Public PortalAboutPB Minutes 2001-09-25 ORLEANS PLANNING BOARD
September 25, 2001 —Minutes
A meeting of the Orleans Planning Board was called to order at 7:00 p.m. on September 25, 2001,
in Meeting Room A, Orleans Town Hall.
Present were: Chairman: Alan Conklin; Clerk: Sims McGrath; Nate Pulling; Town Planner:
George Meservey; Secretary: Karen Sharpless.
Absent: Vice Chairman: Mark Zivan; Associates: Karen Etsell & Bill Wilcoxson
7:00 —PUBLIC HEARING—DEFINITIVE SUBDIVISION PLAN—PAYSON—PAYSON
LANE
Sims McGrath read the legal ad into the record.
Larry Wilcox (Ryder & Wilcox) represented the applicant. This is a proposed two-lot subdivision
of a 3.69 acre parcel(Assessor's Map 58, Parcel 4), creating two lots with frontage with Payson
Lane. The applicant has requested a waiver from the frontage requirements to create one panhandle
lot with 30 feet of frontage. This parcel is located in the Residential(R) zoning district and
Groundwater Protection District 4. The applicant plans to build a single family dwelling and a
guesthouse on Lot 42. Mr. Wilcox stated that there will be no further subdivision of this lot.
Lot 41 would include 48,477 square feet total area, with 41,661 square feet of area outside the
Conservancy District, not including the panhandle area as defined by the applicant. The lot would
have 30 feet of frontage on Payson Lane. A Planning Board waiver of the zoning Bylaw's
minimum frontage requirement is necessary in order to create this lot.
Lot 42 would include 112,049 square feet total area, with 105,188 square feet if lot area outside of
the Conservancy District. This lot would have 250 feet of frontage on Payson Lane. According to
the plan there are no existing structures on either of the proposed lots.
The applicant has indicated that there is no intention to build on Lot 1, and that a Conservation
Restriction will be placed on the lot. However, there is no indication on the plan that Lot 1 will be a
non-buildable lot. In order to place a Conservation Restriction on Lot 1, it must be a buildable lot.
Mr. Wilcox stated that the lots comply with the Zoning By-Laws, and the applicant requests that the
Planning Board approve this plan with no restrictions.
Nate Pulling asked why the access area was so narrow.
Mr. Wilcox replied that was because of the topography and would allow the applicant to use the
best building site for the proposed dwelling.
Planning Board Minutes September 25, 2001 Page 1
Sims McGrath stated that he has a problem with the word "contiguous" and that since this lot is
shaped so unusually, that it could cause future precedent problems regarding panhandles for the
Planning Board. The shape of the lot would eliminate the possibility of one continuous building,
but would necessitate two separate buildings
Mr. Wilcox reiterated that he feels that it is contiguous (a single lot) and the minimum width of the
lot is 20'. He also stated that this lot complies with all Zoning By-Law regulations.
Alan Conklin opened the Public Hearing for comments from the floor. There were no
comments from the floor.
MOTION TO WAIVE SUBDIVISION REQUIREMENTS BASED ON FINDINGS OF FACT: On a
motion by Sims McGrath, seconded by Nate Pulling, the Board voted to grant a waiver from the
minimum lot frontage requirements of the Zoning By-Laws for Lot 1 to allow the creation of one
panhandle lot, as provided for in section 164-22.A.5 of the Zoning By-Laws.
FINDINGS OF FACT:
1. 150' diameter circle fits within the buildable land area.
2. The panhandle frontage is 30' as required.
3. The parcel at no point is less than 20' wide.
4. A structure could be legally placed within the first open land area between the two narrow
access portions.
VOTE: 3-0-0 The vote was unanimous.
MOTION TO APPROVE THE SUBDIVISION: On a motion by Sims McGrath, seconded by Nate
Pulling, the Board voted to approve the Definitive Subdivision Plan prepared for Russell Payson, et
al by Ryder & Wilcox, Inc., dated August 23, 2001, scale 1"=30' subject to the following
conditions:
1. Each lot must be served by a septic system that meets the requirements of Title 5 and the
Orleans Board of Health Regulations for subsurface sewage disposal.
2. The driveway(s) must be maintained to Town of Orleans specifications, including clearance
of vegetation to a width and height of fourteen (14) feet. A properly executed maintenance
agreement shall be provided prior to Planning Board endorsement of the plan.
3. The street number for each lot shall be indicated at the end of the driveway(s).
VOTE: 3-0-0 The vote was unanimous.
Planning Board Minutes September 25, 2001 Page 2
APPROVAL NOT REQUIRED - JOEL B. SEARCY—INDUSTRY WAY
John McElwee (Felco, Inc.) represented the applicant. This is a plan believed to not require
Planning Board approval for the combination of four existing nonconforming lots (Lots 183 — 186),
resulting in one lot of approximately 1.14 acres. The resulting lot will contain an existing storage
building. There is a proposal before the Site Plan Review Committee to allow three additional
buildings on the site for use as a self-storage operation. The property is located at 7 Industry Way, a
40' wide private way. The property is located in the Industrial Zoning District. The property is
located in Groundwater Protection District 4.
MOTION: On a motion by Nate Pulling, seconded by Sims McGrath, the Board voted to
authorize the Planning Board Chairman to endorse the ANR plan prepared for Joel B. Searcy, dated
September 4, 2001, scale 1" = 30' by Felco, Inc.
VOTE: 3-0-0 The vote was unanimous.
REQUEST FOR WAIVER FROM ZONING BUFFER REQUIREMENT - JOEL B.
SEARCY—INDUSTRY WAY
Joel B. Searcy has submitted a request for a waiver from the buffer requirements in the Zoning By-
Law regarding parking setback of 10' from lot lines. The applicant is proposing the construction of
a self-storage operation located on a 1.14 acre site at 47 Industry Way. The applicant is requesting
a waiver of the buffer requirements on the south side of the property. An equal area of vegetated
buffer is provided at the north side of the property.
George Meservey stated that this is an industrial area, and the applicant is providing more
landscaping than required elsewhere on the site.
MOTION: On a motion by Sims McGrath, seconded by Nate Pulling, the Board voted to
recommend to the Building Commissioner that the requirement for a buffer area along the southerly
property line, as shown on a Site Plan prepared for the property located at 7 Industry Way for Joel
B. Searcy, dated May 25, 2001, be waived consistent with the provisions of section 164-34.A.3 of
the Orleans Zoning By-Laws.
VOTE: 3-0-0 The vote was unanimous.
MYLAR ENDORSEMENT—J. LAURENCE MOFFITT 169 TONSET ROAD
Alan Conklin signed the mylar for the J. Laurence Moffitt - Definitive Subdivision Plan approved at
the August 28, 2001 Planning Board meeting.
Planning Board Minutes September 25, 2001 Page 3
COMPREHENSIVE PLAN IMPLEMENTATION—BUDGET RECOMMENDATIONS
George Meservey reported that he has asked Town Departments to respond to a memorandum
regarding the Comprehensive Plan Implementation. He has only received 5-6 responses so far.
The Planning Board has to report to the Board of Selectmen by November 15, 2001. George
Meservey will come up with a list for the Planning Board for their next meeting.
The Planning Board members decided to postpone this discussion until more of the board members
were present.
GROWTH MANAGEMENT ALTERNATIVES
The Planning Board members decided to postpone this discussion until more of the board members
were present.
PLANNING BOARD REORGANIZATION:
Reorganization: The board members decided to postpone a board reorganization until all the
board members were present.
ADJOURNMENT
MOTION: On a motion by Nate Pulling, seconded by Sims McGrath, the Board voted to
adjourn at 8:10 p.m.
VOTE: 3-0-0 The vote was unanimous.
SIGNED: DATE:
(Clerk: Sims McGrath)
Planning Board Minutes September 25, 2001 Page 4