HomeMy Public PortalAboutPB Minutes 2001-11-27 ORLEANS PLANNING BOARD
November 27, 2001 —Minutes
A meeting of the Orleans Planning Board was called to order at 7:00 p.m. on November 27, 2001, in
Meeting Room A, Orleans Town Hall.
Present were: Chairman: Alan Conklin; Vice-Chairman: Mark Zivan; Clerk: Sims McGrath; Nate
Pulling; William Wilcoxson; Associates: Karen Etsell; Stan Hart; Town Planner: George Meservey;
Secretary: Karen Sharpless.
7:00 p.m. —PUBLIC TREE HEARING— 147 POCHET ROAD (SCENIC) —RICHARD DIFORIO
George Meservey read the legal ad into the record. Meservey stated that Richard Diforio, 147 Pochet
Road has removed trees within the public layout without first obtaining approval from the Planning
Board. When Mr. Diforio was contacted, he stated that he was unaware of this requirement and
immediately filed the appropriate paperwork for a scenic tree hearing. Meservey met on-site with Dan
Connolly (Tree Warden) and Diforio and they agreed to work out a plan for replanting trees in the spring.
Mr. Diforio apologized for cutting the trees down without getting permission first from the Planning
Board. He stated that he was not aware of the requirement for a scenic tree hearing.
MOTION: On a motion by Nate Pulling, seconded by Bill Wilcoxson, the Board voted that the
request for the removal of trees at 147 Pochet Road be granted, subject to the homeowner agreeing to
work with the Tree Warden to replant up to three healthy trees in the Spring 2002.
VOTE: 5-0-0 The vote was unanimous.
MYLAR ENDORSEMENT—27 & 29 PAYSON LANE
Phil Scholomiti(Ryder& Wilcox) represented the applicants for Payson Lane (Map 58 Parcel 4) in a
request for the Planning Board to endorse and sign the Mylar.
Meservey stated that this is a 2-lot Definitive Subdivision Plan that was approved on September 25,
2001. The only condition that needed compliance was a Maintenance Agreement for clearing of the
driveway, which was submitted.
MOTION: On a motion by Mark Zivan, seconded by Nate Pulling, the Board voted to authorize the
Chairman to endorse the Mylar for Payson Lane.
VOTE: 5-0-0 The vote was unanimous.
Planning Board Minutes November 27, 2001 Page 1
RELEASE OF SECURITY BOND FOR LOBSTER LANE —HARRY HUNT, III
Meservey stated this is an 11-lot subdivision off Tonset Road. Harry Hunt put up a passbook savings
account to ensure completion of construction of road and water lines on Lobster Lane subdivision in the
amount of$77,500. He has completed all the work on the road and has requested that the road be
released. George Meservey and Bob Bersin have inspected the road and found it to be constructed
properly and in good condition. The water system has been entirely inspected and signed off by the
Water Department. There is one outstanding issue with Lobster Lane. During the construction phase of
Lobster Lane, a decision was made (without any knowledge by the Planning Board or Planning
Department) to move the drainage structures at the beginning of the road (right off Tonset Road) from the
south side of the road to the north side of the road. It is a fairly level area and causes no problems with
drainage. Bob Bersin is satisfied with it. The problem is that they took out a tree on public property,
thus saving two trees on the other side of the road. Hunt has offered to work with the tree warden in the
spring to replant 1 or 2 trees in that area to preserve the scenic quality of that road.
MOTION: On a motion by Karen Etsell, seconded by Bill Wilcoxson, the Board voted to release the
security in its entirety, except to hold back $1,000.00 for tree planting in the spring on Lobster Lane at
Tonset Road.
VOTE: 5-0-0 The vote was unanimous.
GROWTH MANAGEMENT ALTERNATIVES
Meservey explained various components of Growth Management Alternatives including Transfer of
Development Rights (TDR), Purchase of Development Rights (PDR) and Conservation Easements.
Transfer of Development Rights (TDR)
Usually means you take the development rights from one area of town that you would like to conserve
property or natural areas, and add them to an area where the community has decided there is a growth
center. Therefore, if you have two lots in an outlying area you want to preserve, you add that to another
lot and you have the ability to build three dwellings on a smaller parcel. This has been put forth by the
Cape Cod Commission fairly strongly, but has never been applied in any Cape Cod town.
Growth areas in Orleans would be the Village Center or nodes of commercial development. The town
has made a lot of effort to conserve areas, especially in the Watershed. This concept would be difficult
for Orleans to implement due to the high value of residential parcels in town.
In Orleans we allow for multi-family housing at 6 units per acre by special permit from the Board of
Appeals. In the Residence District you can have one single-family dwelling per builder's acre
(40,000 sq. feet). Each application would be reviewed on a case by case basis.
There is a model of a By-Law created by the Cape Cod Commission, but it has not been used by any
town.
Planning Board Minutes November 27, 2001 Page 2
Purchase of Development Rights (PDR)
A homeowner sells the development rights but maintains private ownership of a field, or backyard or
whatever had development potential. They are paid the difference between the value as developable land
and the value as conserved land - it can't be constructed on. They maintain the privacy of the land, it
stays on the tax roles to some extent, except the development portion is no longer taxable. Town does
not have to maintain or police it.
Conservation Easements
Conservation easements are used throughout the Town of Orleans. This is the equivalent of buying the
development rights. This is used as a tax write-off, if it is a gift to the Conservation Trust.
Sims McGrath entered the meeting at this point.
7:30 p.m. —PUBLIC HEARING—ZONING AMENDMENTS FOR INDEPENDENT LIVING
FACILITY AT DECEMBER 3, 2001 SPECIAL TOWN MEETING
Alan Conklin opened the public hearing for the Independent Living Facility. Conklin asked if there were
members of the Board of Selectmen who wanted to speak.
Meservey stated that four letters have been received in favor of this proposal.
Comments from the Board of Selectmen
Ken Farrar asked Michael Ford (Town Counsel) if the affordable housing cash contribution would be put
aside in perpetuity. Ford stated that this money would be a dedicated account specifically for affordable
housing.
Erica Parra stated that the Board of Selectmen worked quickly to draft this article in response to a critical
need in town for senior citizens.
John Hinckley noted that this was originally intended as a petition article. The Board of Selectmen
decided to draft this By-Law, and apologized for the problems and concerns caused by the process. This
By-Law is intended to provide a revenue stream for future housing.
Richard Philbrick spoke in favor of this By-Law, and stated that he felt it would benefit the town.
Meservey stated that since the Legal Ad was placed in the newspaper, there have been three changes
made to the proposed article. The changes are as follows:
Section 164-40 (1)—Separates requirements for minimum lot area for a facility
and the allowable density, for clarity.
Planning Board Minutes November 27, 2001 Page 3
Section 164-40 (10) a)—adds the words "required affordable"to the text that
describes the required contribution to the Affordable Housing Trust Fund.
Section 164-40 (1) c)—Adds a new paragraph that ensures that the housing
contribution must be made in the event that the market units are not sold.
Wilcoxson read a prepared statement in opposition to the article (see attached). Nate Pulling stated that
he is in favor of the by-law change. McGrath stated that he feels this type of facility is needed in
Orleans, and he feels that the voters should be given the opportunity to vote on it and he would approve
such a by-law. Karen Etsell stated that she would be in favor of the by-law. Mark Zivan read a prepared
statement in opposition to the article (see attached).
Hart asked what improvements would be made to Skaket Corners? Meservey stated that the town could
require improvements to Skaket Corners, and this project is high on the state's transportation
improvement program.
Ford stated that the age restriction is legally enforceable, and has been upheld by the Attorney General.
Tom Finan asked if these properties would be assessed and taxed at full market value? Ford answered
yes.
Conklin stated that this type of facility is needed in Orleans, and he could see no credible downside to the
proposal.
Zivan restated his feelings that there are open questions regarding benefits to the town that need to be
answered, and he felt concern that it seems to put the developer in the drivers seat.
MOTION: The Board voted to approve the by-law as submitted with the three changes in the warrant
language.
VOTE: 3-2-0 The vote passed by a majority. (Bill Wilcoxson and Mark Zivan voted against).
Zivan asked if the minority opinion of the Planning Board can be presented at town meeting on
December 3, 2001. Ford said yes, they can present a report also.
MINUTES OF NOVEMBER 13, 2001
MOTION: On a motion to approve the minutes by Nate Pulling, seconded by Bill Wilcoxson, the
Board voted to approve the minutes of November 13, 2001.
Zivan stated that in the third paragraph under Independent Living Facility the word "Mother" should be
changed to read "Mother-in-law".
Planning Board Minutes November 27, 2001 Page 4
MOTION: On a motion to approve the minutes by Mark Zivan, seconded by Nate Pulling, the
Board voted to approve the minutes of November 13, 2001 as amended.
VOTE: 5-0-0 The vote was unanimous.
ADJOURNMENT
MOTION: On a motion by Nate Pulling, seconded by Bill Wilcoxson, the Board voted to adjourn at
8:15 p.m.
VOTE: 5-0-0 The vote was unanimous.
SIGNED: DATE:
(Clerk: Sims McGrath)
Planning Board Minutes November 27, 2001 Page 5