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HomeMy Public PortalAboutPB Minutes 1996-02-27 Planning Board 2127196 Minutes 1 PLANNING BOARD 2/27/96 MINUTES PRESENT: ALAN CONKLIN, CHAIR; TAD VAUTRINOT; GEORGE WALKER; STAN BART; NATE PULLING; PAUL HALKIOTIS, TOWN PLANNER. The Board discussed strategy for the 1996 May Town Meeting. Paul will draft a script for Town Meeting. Mark Zivan of the Zoning By-Law Task Force (ZBTF) will assist Paul. Then the ZBTF will review the script as well. Paul updated the Board on the progress of the Comprehensive Plan. Currently several chapters are in the draft stage. This includes chapters on: Open Space and Recreation; Economic Development; Health and Human Services; and Historical Preservation. Great efforts have been made to educate the public and to elicit their input. This was done via outreach meetings, open house/workshops, and a taxpayer' s survey. Paul reported on the open house/work shop which was held on affordable housing on 2/24/96. Paul described 2 studies being done in connection with the Local Comprehensive Plan. One is the Monomoy Regional Capacity Study, covering Orleans, Brewster, Chatham, Harwich and Dennis . It is hoped that this study will help predict the capacity of our region to accommodate future growth. The other study is a flushing study of Town Cover and the Nauset Marsh System. Woods Hole Oceanographic Institute has been contracted to conduct the project. A typist and a student summer intern will be hired to help with the plan. Letter from Art Rosenzweig: On February 20, 1996, the Planning Office received a letter from Mr. Art Rosenzweig. Paul sent a copy of said letter to Health Agent Bob Canning, who responded with a memo addressed to Town Planner Paul Halkiotis, dated 2/27/96. The Committee reviewed both the letter and the memo. It was the consensus of the Board that Paul would draft a response to Art Rosenzweig relaying to him the following. ■ It was the consensus of the Board that this issue is not within the purview of the Planning Board. Planning Board 2127196 Minutes 2 • The Board of Health has been contacted, and it appears that the state has sole jurisdiction over regulations for pesticide use. • In order for the town to enact any regulations, there must be sufficient scientific data justifying them. In this case, the Town has no such research to support the enactment of new regulations . APPROVAL OF MINUTES: MOTION: Tad Vautrinot moved to approve the minutes of 2/13/96. VOTE: 4-0-1 Old Business / New Business There is a public hearing scheduled for March 7, 1996, 7 : 00 PM, at the Orleans Elementary School, for the proposed modifications to the COJ church plans . A site inspection is scheduled for 4/7/96, at 3 : 30 PM. The project was discussed. The Zoning By-Law Task Force will meet with the Selectmen on 2/28/96, regarding the proposed zoning amendments . Paul has met with Town Counsel an asked him the following: QUESTION 1 : In the case of a Preliminary Plan application, if a Board member was absent from 2 meetings when the plan was discussed could that member participate and vote on the plan at the third meeting? ANSWER: On a Preliminary Plan, yes, but on a Definitive Plan, no. QUESTION 2 : The Town Meeting voted to include Route 28 as a Scenic Road. Because this is a State Road, does the Orleans Planning Board have jurisdiction on Route 28 for Scenic Road Hearings? ANSWER: Route 28 was voted as a scenic road by Town Meeting. State law requires a special act of the Legislature to accompany a Town Meeting vote in order to give a local Planning Board authority over activity in a right-of-way of a scenic road. There was never any act of the Legislature on Route 28; therefore the Planning Board has no authority over activities on Route 28, and no scenic road hearings are required. As an aside, Route 6A, also a scenic road was the subject of a special act of the Legislature. The area north of Route 6 is within the Old King' s Highway Historic District (OKHHD) . Along that portion of Route 6A within the OKHHD (from Brewster town line to the Route 6 underpass) , all scenic road hearings are to be handled by the Planning Board 2127196 Minutes 3 OKHHD Committee. The Planning Board handles scenic road hearing from the remaining portion of Route 6A (from the Route 6 underpass to the Eastham town line. ) The Planning Board expressed interest in petitioning the Great and General Court to five the Board authority in the Right-of-Way of Route 28 . Paul will make an appointment with Mike Ford to ask him how to proceed in that direction. QUESTION 3 : A Board member has a question about the Board' s discretion on approving panhandle lots - Zoning By-Law, Section 164-22 (5) . ANSWER: If an applicant submitted a plan that met the criteria set forth in both the Zoning By-Law and the Subdivision Rules and Regulations, then the Planning Board is obligated to approve that plan. Also, because historically the Planning Board has approved panhandle lots, the precedent has been set. Some discussion occurred regarding Harry Hunt' s Preliminary Plan application for land on Tom' s Hollow Lane. MOTION: Nate Pulling moved to adjourn. VOTE: 5-0-0, unanimous .