HomeMy Public PortalAboutPlanning Board Minutes 2013-10-22 ACID C,4 L-" /-'
ORLEANS PLANNING 130ARD
OCTOBER 22,2013 -Minutes
A meeting of the Orleans Planning Board was called to order at 7:00 p.m, in the Nauset Meeting Room at the
Orleans Town Hall. Present. Chairman: Steve Bornemeier; Vice-Chairman: Charles Bechtold;Kenneth
McKusick and John Fallender. Associate: Andrea Reed. Planning Department Staff. George Meservey;
and Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller.
Absent: Clerk: Chet Crabtree; and Associate: Paul McNulty
Andrea Reed voted in the absence of Chet Crabtree.
APPROVAL NOT REQUIRED PLAN - Katherine Udall. 35 Keziah's Lane
Meservey described a proposed amended Approval Not Required plan for two lots with existing dwellings
previously approved by the Planning Board in January,but the homeowner wants to retain more of the
property area with plantings. Meservey stated there is no development potential. Robert Freeman(Schofield
Brothers)agreed with Meservey's assessment of the proposed plan. Meservey noted that the applicant has
requested a waiver from the Approval Not Required filing fee.
MOTION: On a motion by John Fallender, seconded by Kenneth McKusick,the Board voted to
authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for
Katherine H.Udall, dated October 15, 2013, scale I"=40',prepared by Schofield Brothers of Cape
Cod and waive the Approval Not Required filing fee due to the similarity to the previous plan
submitted.
VOTE: 5-0-0 The motion passed unanimously.
ZONING BYLAW AMENDMENTS
Retail Use in the Limited Business District
Planning Board members discussed the requirement of the Special Pen-nit process under the Zoning
Board of Appeals for retail and restaurants in the Limited Business District. McKusick noted that
the requirement for a Special Permit for certain uses in the Limited Business District is contained in
the Orleans Comprehensive Plan. Reed stated that if the town is going to undo a previously voted
zoning,then it needs to be shown that it is in the public good and should follow the town's master
plan. Fallender questioned whether eliminating the need for a Special Permit in the Limited
Business District would result in undesirable consequences, such as strip malls. Fallender
questioned whether the Special Permit process could be speeded up and Meservey responded that
legal advertisement and abutter notification requirements take a considerable amount of time.
McKusick noted the importance of focusing on the Village Center and reducing commercial uses.
Planning Board Minutes—October 22, 2013 Page I of 5
All information discussed at Planning Board meetings is kept on Me in the Planning Department
Reed suggested proactively encouraging uses other than retail. Meservey noted that one way to deal
with the issue could be to restrict one area and/or incentivize another area.
consensus: There was a consensus of the Planning Board that this issue is not ready to
move forward at this time.
Storaee Trailers
Meservey stated that storage trailers are expressly forbidden in all parts of town as noted in the
Orleans Zoning Bylaws §164-27,unless they are used for the purpose of storing goods, materials, or
equipment for a period not exceeding six months in conjunction with a building permit during the
construction of a permanent home or business(with one six month extension allowed). Planning
Board members discussed the idea of lifting the prohibition in the Industrial District,but noted that
there would need to be strict enforcement and management of the time limit allowed for trailer use.
Planning Board members expressed concern with the idea that long-term use of trailers could cause
them to be the same as a permanent building, and could cause the Industrial District to become a
dumping ground. Planning Board members agreed that trailers should not be allowed in the
Residential District as they are not attractive and could become permanent.
consensus: There was a consensus of the Planning Board that this issue is not ready to
move forward at this time and needs further summary from the Planning Department.
Outdoor Disolav of Goods
Planning Board members discussed outdoor displays of retails goods and noted that some displays
are maintained well and enforcement would be difficult. Reed suggested that retailers be
encouraged to coordinate with the streetscape concept.
consensus: There was a consensus of the Planning Board that this issue is not ready to
move forward at this time and could benefit from Planning Department research into how
the issue is dealt with in other towns.
Laree Home Reeulation
Planning Board members reviewed various options to regulating home size based on research into
the following approaches in other towns:
• Limit on Net Leasable Floor Area
• Allow graduated home size based on parcel size
• Increase building setback requirements for large homes
• Limit expansions of homes to no more than 25% larger than the average size home
in a neighborhood
• Adopt a new review committee for large residential homes
• Require Architectural Review Committee approval of large homes. Include framing
requirement as part of application
consensus: There was a consensus of the Planning Board that this issue is not ready to
move forward at this time and could benefit from further Planning Department research,
including how the issue was dealt with in Chatham.
Planning Board Minutes—October 22, 2013 Page 2 of 5
All information discussed at Planning Board meetings is kept on file in the Planning Department.
Sign Bvlaws
Planning Board members discussed business community and resident concerns with sign code issues
and violations,particularly with the proliferation of temporary signs on weekends in the summer
without oversight. McKusick stated his opinion that the business community needs to deal with the
issue before obtaining more input from the Planning Board. Fuller stated his opinion that the sign
code is good,but the temporary sign section needs clarification and business community education.
McKusick expressed appreciation to the Building Commissioner for his initiative in checking for
sign violations on his own time and removing the signs. Reed questioned whether the business
community could be given style sheets as shown through the streetscape presentation. Bechtold
suggested encouraging self enforcement by the business community regarding signs.
Consensus: There was a consensus of the Planning Board that this issue can be referred to
the Zoning Bylaw Task Force for further research.
Medical Marijuana Dispensaries
Planning Board members reviewed bylaws from the Towns of Norwell and Dennis regarding zoning
of Medical Marijuana Dispensaries. A discussion ensued regarding the pros and cons of various
zoning districts for dispensaries including the Industrial District,General Business District or
Limited Business District since they are now allowed under State Law. Fuller stated that the
Planning Board needs to decide where a dispensary could be located and not deal with enforcement
issue concerns at this time. McKusick stated his opinion that it should be treated the same as any
other business. Bornemeier indicated his personal concern with having it somewhere which is part
of the visible community of Orleans.
Consensus: There was a consensus of the Planning Board that this issue be referred to the
Zoning Bylaw Task Force for further research and work with Town Counsel.
FEMA Flood Insurance Rate Maps
Meservey informed Planning Board members that work is progressing on the FEMA Flood
Insurance Rate Maps and further information will be provided as it becomes available.
Apartments in the Villaee Center
consensus: There was a consensus of the Planning Board that this issue be referred to the
Zoning Bylaw Task Force for further research.
PLANNING BOARD FEE SCHEDULE
Planning Board members reviewed a spreadsheet created by John Fallender of costs for Planning Board
regulatory reviews and agreed to keep the present fee schedule.
MOTION: On a motion by Kenneth McKusick, seconded by Andrea Reed,the Board voted to
support the Planning Department recommendation to keep the present Planning Board Fee Schedule.
VOTE: 5-0-0 The motion passed unanimously.
Planning Board Minutes—October 22, 2013 Page 3 of 5
All information discussed at Planning Board meetings is kept on file in the Planning Department.
COMMITTEE REPORTS
Communitv Preservation Committee(Steve Bornemeier for Paul McNulty)
Bornerneier reported that the Community Preservation Committee is waiting for upcoming
applications.
Orleans Community Partnership(John Fallender)
Fallender reported on ongoing activities through the Orleans Community Partnership and research
into repairs to the Old Firehouse and have it used for community events.
CORRESPONDENCE
Chapter 91 Waterways Application for Joe&Maile Navlor
Planning Board members were informed of a Chapter 91 Waterways application for Joe&Maile
Naylor for the continued use and maintenance of an existing licensed private pier,ramp and float in
Pleasant Bay.
Citizen Planner Training Collaborative Fall 2013 Workshops
Planning Board members were given a copy of the fall 2013 Citizen Planner Training Collaborative
courses.
PLANNING BOARD MEETING SCHEDULE
MOTION. On a motion by Kenneth McKusick, seconded by Andrea Reed,the Board voted to
cancel the regularly scheduled Planning Board meetings on November 26 and December 24 due to
holidays.
VOTE: 5-0-0 The motion passed unanimously.
APPROVAL OF MINUTES: September 24. 2013
MOTION: On a motion by John Fallender, seconded by Kenneth McKusick,the Board voted to
approve the minutes of September 24,2013.
VOTE: 4-0-1 The motion passed by a majority. (Andrea Reed abstained).
ADJOURNMENT
MOTION: On a motion by John Fallender, seconded by Kenneth McKusick,the Board voted to
adjourn at 9:20 p.m.
VOTE: 5-0-0 The motion passed unanimously.
DATE-
SIGNED:
L,(Chei Crab O-Clerk)
Planning Board Minutes—October 22, 2013 Page 4 of 5
All information discussed at Planning Board meetings is kept on Me in the Planning Department.
LIST OF HANDOUTS FOR OCTOBER 22, 2013 PLANNING BOARD MEETING:
1. APPROVAL NOT REQUIRED—KATHERINE H.UDALL,35 KEZIAH'S LANE
A. Approval Not Required Application for Katherine H.Udall,35 Keziah's Lane
B. Letter from Robert Freeman, Schofield Brothers of Cape Cod,dated October 16,2013
C. Planning Board memorandum dated October 16,2013
2. PROPOSED ZONING BYLAWS
A. Memorandum entitled,"Retail Use in the Limited Business District",dated October 15,2013
B. Limited Business District Land Use Map
C. Memorandum entitled,"Methods to Regulate Home Size", dated October 15,2013
D. Orleans Zoning Bylaws Sign Regulations §164-35
E. Norwell's Zoning Article authorizing Medical Marijuana Dispensaries
F. Town of Dennis-Modification to Zoning Amendment regarding Medical Marijuana Modification
3. PLANNING BOARD FEE SCHEDULE
A. Planning Board Fee Spreadsheet
4. CHAPTER 91 WATERWAYS APPLICATION FOR JOE&MAILE NAYLOR
A. Ryder&Wilcox letter with Chapter 91 Waterways Application for Joe&Maile Naylor
B. Plan for Joe&Maile Naylor for existing pier,ramp&float in Pochet Inlet
5. CITIZEN PLANNER TRAINING COLLABORATIVE
A. Fall 2013 workshops
6. PLANNING BOARD MINUTES
A. September 24,2013
Planning Board Minutes—October 22, 2013 Page 5 of 5
All information discussed at Planning Board meetings is kept on file in the Planning Department.