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Home My Public Portal AboutPB Minutes 2000-01-11 PLANNING BOARD 1/11/00 MINUTES A meeting of the Orleans Planning Board was held on January 11, 2000, in Meeting Room A, Orleans Town Hall. Present were: Chair Alan Conklin, Vice Chair Ron Dilauro, Clerk Mark Zivan, Nate Pulling, Director of Planning George Meservey, Assistant Planner Ron Wolanski, and Secretary Janet Albahari. Absent were Associates E. John Wherry and Rosemary Plesset. Continued discussion with Old Tote Road residents regarding a zoning change on their road. Several Old Tote Road residents had petitioned the Planning Board to change the zoning of their road from business to residential. At the 12/14/99 meeting, the Planning Board began to discuss the potential change with Old Tote Road residents. Several questions rose from that discussion and it was continued until this meeting. These questions regarded spot zoning, grandfathering and a zoning freeze. George Meservey met with Town Counsel Mike Ford to discuss the questions. He reported on that meeting in a memo addressed to the Board, dated 1/6/00. Mr. Von der Linden said that the road was a private, dirt road, except for the first 100' from Old Colony Way. Discussion occurred regarding whether the properties on Old Tote Road that abut Old Colony Way could be included in the zoning change. The Planning Board thought that would not be a good idea. Robert Felt asked if the properties on Old Tote Road that abut Old Colony Way could be required to establish access from Old Colony Way. Highway Manager Bob Bersin said that he prefers to see curb cuts off of minor roads. After further discussion, the following motion was made. MOTION: On a motion by Sims McGrath, seconded by Mark Zivan, the Board voted to instruct the Town Planner to draft a warrant article proposing to change the parcels that front on Old Tote Road from Business zone to Residential zone, and to have Town Counsel review said draft. VOTE: 5-0-0, Unanimous. MOTION: On a motion by Sims McGrath, seconded by Mark Zivan, the Board voted to schedule a Public Hearing for the potential zoning change for February 8, 2000, at 7:00 PM. VOTE: 5-0-0, Unanimous. Public Hearing for the removal of a public shade tree on a scenic road. Applicant: Jeff Karlson c/o Reef Realty. Location: 11 Quanset Road. Also present: Jeff Karlson, Applicant Ron Dilauro read the legal ad that appeared in both the 12/23/99 and 12/30/99 issues of The Cape Codder. Planning Board 1/11/00 Minutes Page 1 MOTION: On a motion by Sims McGrath, seconded by Ron Dilauro, the Board voted to authorize applicant Jeff Karlson, c/o Reef Realty to remove one 3 1/2" diameter scrub oak at 11 Quanset Road. VOTE: 5-0-0, Unanimous. Discuss the road acceptance for Gwen's Lane The Planning Board received a memo from Administrative Secretary Linde MacLeod, dated 12/08/99, wherein the Board was asked to review an application for the layout of a private road (Gwen's Lane) and send a report of their discussion to the Board of Selectmen. After a short discussion, the following motion was made. MOTION: On a motion by Sims McGrath, seconded by Mark Zivan, the Board voted to recommend that the Board of Selectmen accept Gwen's Lane as a public way. VOTE: 5-0-0, Unanimous. Public hearing for proposed zoning amendments pertaining to the following issues: amateur radio towers; dwellings in commercial structures; and, definitions for dwelling, light industry/manufacturing, wholesale business/warehouse, and building height. Mark Zivan read the legal ad that appeared in both the 12/24/99 and 12/31/99 issues of The Cape Codder. Six people were in attendance. ARTICLE PERTAINING TO AMATEUR RADIO TOWERS. The Planning Board had received copies of a letter addressed to Chairman Conklin, from Fred Hopengarten, dated 1/10/00. Ron Wolanski summarized the letter and read a portion of it into the record. Part of the letter outlined conflicts between the draft bylaw and federal and state law. One of the conflicts was the requirement that the towers be built to sustain category 5 winds. A second conflict was the height limit of the towers. In the letter, Attorney Hopengarten also suggested that devices other than fencing could be used for access control. Mark Zivan took issue with Attorney Hopengarten's statement that, ". . . the safest haven from litigation for the Town of Orleans is to reflect the language of Public Law. . ." MOTION: On a motion by Mark Zivan, seconded by Ron Dilauro, the Board voted to close the public hearing for the proposed town bylaw regarding amateur radio towers, and direct the Planners to redraft it and incorporate the changes discussed at this meeting. VOTE: 5-0-0, Unanimous. Planning Board 1/11/00 Minutes Page 2 ARTICLE PERTAINING TO DWELLINGS IN COMMERCIAL STRUCTURES. Ron Wolanski told the Board that there was a concern about children living in the industrial district, and by reducing the number of bedrooms, the number of children may be limited. After a short discussion, the following motion was made. MOTION: On a motion by Mark Zivan, seconded by Nate Pulling, the Board voted to close the hearing with the recommendation that the article pertaining to dwellings in commercial structures be placed on the warrant VOTE: 4-1-0, Ron Dilauro opposed. ARTICLE PERTAINING TO ADDING DEFINITIONS TO THE ZONING BYLAW. The Board discussed adding the definition for "dwelling" to the warrant for Town Meeting. The Board discussed adding the definition for "light industry" to the warrant for Town Meeting. Audience member Douglas Pluciennick asked if the definition was specific to manufacturing only. He also asked how "excess"would be defined. George Meservey said that will be up to the Building Commissioner. Sims McGrath said that light industry is just one use of the Industrial zone. MOTION: On a motion by Mark Zivan, seconded by Sims McGrath, the Board voted to close the public hearing with the recommendation that the article pertaining to adding the definitions for dwelling, light industry/manufacturing, and wholesale business/warehouse be placed on the warrant for the Annual Town Meeting. VOTE: 5-0-0, Unanimous. ARTICLE PERTAINING TO AMMENDING THE DEFINITION OF BUILDING HEIGHT. Audience member Mark Farber asked if the proposed definition considered a walkout basement. He also said that some consideration should be given to a person who has an extreme situation. Peter Hunter said that this could further restrict the building of certain structures. He would like to see the definition remain as it currently is. Nate Pulling suggested that the Fire Department be consulted in regards to this proposal. It was decided that this amendment proposal will be discussed at the next Zoning Bylaw Task Force Meeting. After a short discussion, the following motion was made: MOTION: On a motion by Mark Zivan, seconded by Nate Pulling, the Board voted to continue this hearing until 7:15 PM on February 8, 2000. VOTE: 5-0-0, Unanimous. Planning Board 1/11/00 Minutes Page 3 Approve minutes of 12/14/99 MOTION: On a motion by Mark Zivan, seconded by Sims McGrath, the Board voted to approve the minutes of 12/14/99. VOTE: 5-0-0, Unanimous. New Business Table the proposed amendment pertaining to the definition of fast food. MOTION: On a motion by Ron Dilauro, seconded by Sims McGrath, the Board voted to table discussion on the proposed amendment pertaining to the definition of fast food. VOTE: 5-0-0, Unanimous. Housing Inclusionary Bylaw George Meservey said that a meeting will be held at the Snow Library on January 18, 2000, regarding the housing inclusionary bylaw. Conflict of Interest Informational Meeting Alan Conklin said that a meeting will be held on January 24, 2000, at 2:00 PM, in Meeting Room C, regarding conflict of interest. Mr. Conklin urged the Board members to attend. Adjournment. MOTION: On a motion by Nate Pulling, seconded by Sims McGrath, the Board voted to adjourn. VOTE: 5-0-0, Unanimous. SIGNED: DATE: (Clerk Mark Zivan) Planning Board 1/11/00 Minutes Page 4