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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.