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Home My Public Portal AboutPB 2016-11-29 .3:411-11 p�5 �,�5s4eyG� '16 DEC 14 � r o,➢,o _ „ ORLEANS TOR CLERK � y^41 °,94 @D tr ORLEANS PLANNING BOARD NOVEMBER 29,2016-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: Charles Bechtold;Vice-Chairman:Andrea Reed; Clerk: Thomas Johnson. Regular Member: Steve Bornemeier. Associates: William Mone and Richard Hartmann. Planning Department Staff: George Meservey; and Secretary: Karen Sharpless. Also Present: Board of Selectmen Liaison: Jon Fuller(Board of Selectmen). Absent: Chet Crabtree Chairman Bechtold asked Associate Mone to vote in the absence of Chet Crabtree. There were 32 people in attendance. 7:00 PM-DEFINITIVE SUBDIVISION PLAN - REBECCA SAN GIOVANNI. 12 BAMBI WAY & 48 TAR KILN RD Planning Board Clerk Johnson read the legal ad into the record. Meservey reported that a letter was received from the applicant requesting that the public hearing be continued to the Planning Board meeting on January 24,2017. MOTION: On a motion by Andrea Reed, seconded by Steve Bornemeier,the Board voted to continue the Definitive Subdivision Plan public hearing for Rebecca San Giovanni for property located at 12 Bambi Way&48 Tar Kiln Road to 7:00 p.m. at the Planning Board meeting on January 24, 2017. VOTE: 5-0-0 The motion passed unanimously. MODIFICATION TO A DEFINITIVE SUBDIVISION PLAN (Cont.)-SETH &ALISON WILKINSON -40 & 66 BAKER'S POND ROAD Meservey reported that a letter was received from Philip Scholomiti (Ryder&Wilcox)for the applicant requesting that the public hearing be continued to the Planning Board meeting on January 24,2017. MOTION: On a motion by Andrea Reed, seconded by Thomas Johnson,the Board voted to continue the Definitive Subdivision Plan public hearing for Seth&Alison Wilkinson for property located at 40&66 Baker's Pond Road to 7:00 p.m.at the Planning Board meeting on January 24, 2017. VOTE: 5-0-0 The motion passed unanimously. Planning Board Minutes—November 29, 2016 Page 1 of 7 All information discussed at Planning Board meetings is kept on file in the Planning Department COMMITTEE REPORTS Community Preservation Committee(William Monel Mone reported that the Community Preservation Committee is overseeing existing projects efficiently and promptly and new projects will be reviewed at an upcoming meeting. CORRESPONDENCE Meservey reported that the following correspondence has been received in the Planning Department: • MassDOT letter re: Intersection Improvements at Route 28,Route 39&Quanset Rd, dated October 24,2016 • Zoning Board of Appeals Notice: December 7,2016 TOWN PLANNER UPDATE PUBLIC COMMENT AGENDA ITEM Planning Board members discussed a request received by the Board of Selectmen for a Public Comment item on Planning Board agendas. Meservey stated that it is up to the Planning Board Chairman whether to accept public comments. Planning Board members agreed that gaining productive public input on proposals can be valuable. Bornemeier questioned if it would compete with the public speak at Board of Selectmen meetings. Meservey responded that the comments would have to pertain to specific Planning Board items. Bornemeier requested that Meservey ask Attorney Michael D.Ford(Town Counsel)for guidance. Meservey suggested that time limits can be imposed on types of comments. Jon Fuller(Board of Selectmen)recommended that the Planning Board set rules and time limits for comments. Fuller further stated that the Board of Selectmen does not make any decisions or make comments because the public comment items are not on the agenda, but may decide to put an issue on a future agenda. Fuller stressed the importance of the Chairman setting ground rules and time limits for public comment which are allowed only on Planning Board issues. Fuller suggested that the Planning Board Chairman read the rules aloud at each meeting before allowing public comment. Fuller agreed that guidance from Attorney Ford is a good idea, if the Planning Board decides to move forward with this concept. Mone questioned when public comment would be necessary, since Planning Board agenda items are so specific,and members of the audience are already allowed to speak to agenda items. Meservey agreed to get guidance from Attorney Ford and report back to the Planning Board at a future meeting. RECREATIONAL MARIJUANA Meservey reported that the Board of Selectmen has a concern regarding retail sale of recreational marijuana in Orleans which could be regulated by a General Bylaw. Planning Board Minutes—November 29, 2016 Page 2 of 7 A//information discussed at Planning Board meetings is kept on fife in the Planning Department CHAPTER 91 LICENSE-123 LAKE DRIVE Meservey informed Planning Board members of receipt of a Chapter 91 License for 123 Lake Drive to extend an existing stone revetment approximately 144' and raising the height of the existing revetment to match the height of the revetment to the west to a proposed design height of approximately 8.5'. Meservey stated the project has received an Order of Conditions from the Conservation Commission. APPROVAL OF MINUTES MOTION: On a motion by Andrea Reed, seconded by Thomas Johnson,the Board voted to approve the Planning Board minutes for November 17, 2016. VOTE: 4-0-1 The motion passed by a majority. (Steve Bomemeier abstained). 7:15 PM - DEFINITIVE SUBDIVISION PLAN - WALTER H. MAYO, III, REVOCABLE TRUST, ELLEN M. HARRINGTON, TRUSTEE- 178 BEACH ROAD Planning Board Clerk Johnson read the legal ad into the record. There were 32 people in attendance. John O'Reilly(J.M.O'Reilly&Associates,Inc.)presented a 4-lot subdivision plan with a single-family farmhouse with access via a gravel surfaced cul-de-sac. O'Reilly stated that all of the lots contain the necessary minimum lot size, shape and frontage except the panhandle lot. O'Reilly stated there would be one curb cut off Grandview Drive. O'Reilly stated that the applicant is seeking the following three waivers written in the Subdivision Rules& Regulations: • Chapter 192-6-A(1)(ft- "If no Preliminary plan has been submitted, the topography of lots where additional dwellings could be permitted, using 2-foot contours derivedfrom an actual survey" • Chapter 192-6-A(1) (k)- "For all ways involved in access for the proposed subdivision, whether within, abutting or without the subdivision back to public ways, the location of the way within the right of way,physical condition of the way including actual width, surface type, depth of surface materials, condition, sight distance, grade and width of right of way. For proposed and existing roads used for access that do not meet the standard for eleven or more homes, an analysis of the total number of homes that could use the road for access is required". • Chapter 192-14-Compliance with the required road construction standards. A. Site Preparation B. Site clearing C. Erosion control D. Subbase E Grade F. Surface material G. Berms H. Street signs L Vegetation J. Rural road standards Planning Board Minutes-November 29, 2016 Page 3 of 7 All information discussed at Planning Board meetings is kept on file in the Planning Department. • O'Reilly stated that due to the thickness of vegetation on the property no on-site survey has been done,and the topography has been gained from the Town's GIS program. O'Reilly described plans for the cul-de-sac to provide emergency access and maneuverability. CORRESPONDENCE RECEIVED PRIOR TO THE MEETING: • Letter from J.M. O'Reilly&Associates,dated October 5, 2016 • Memorandum from George Meservey,dated November 17,2016 • Memorandum from Board of Health,dated October 21,2016 • Letter from Attorney Duane Landreth,dated November 22,2016 • E-mail from Timothy& Susan O'Connor,dated November 14,2016 • E-mail from Peter Worley,dated November 21,2016 • Letter from Jim&Beth Guiliano,dated November 20,2016 • E-mail from Marie-Lise&Jay Selz, dated November 23, 2016 • Letter from Christopher& Susan Conniff,dated November 23,2016 • E-mail from Jim&Allison Jackson,dated November 25,2016 • E-mail from Steven&Joyce Davis, dated November 24,2016 • Email from Tim O'Connor,dated November 23,2016 • E-mail from Andy&Benjye Troob,dated November 21,2016 • E-mail from Brian Conway,dated November 27,2016 • Letter from Jay&Robert Stewart, dated November 25 2016 • E-mail from Paul&Elizabeth Perkowski, dated November 25,2016 • Letter from Ronald E.Kowalski,dated November 21,2016 • E-mail from Peter&Pattie Bishop,dated November 28,2016 • Letter from Paul&Ann Marie Hickey, dated November 29,2016 • Letter from Tom&Liz Sherwood, undated AUDIENCE COMMENTS: The following members of the audience expressed concerns regarding the subdivision application: • John Laurino • Attorney Matt Terry • Timothy O'Connor • Ted Larson • Susan O'Connor • Sarah Singer • Jim Jackson • Bob Gallant • Charlie Carlson • Allison Jackson A summary of the concerns expressed by the audience include the following: S. Possible future subdivision of Lot 1 ➢ The effect of subdivision traffic on Grandview Drive ➢ Septic issues ➢ Number and location of curb cuts ➢ The possibility of wetlands such as vernal pools ➢ Paved vs. gravel road to subdivision Planning Board Minutes—November 29,2016 Page 4 of 7 All information discussed at Planning Board meetings is kept on file in the Planning Department. > How the lots would be accessed? • ➢ Frontage on Lot 3 > Public safety Si. Adherence to Board of Health code Si. Need for a topographical survey > Protect drinking water > Need to maintain character and quality of life Si Protection of wildlife > Water quality,particularly relating to Mill Pond > Waivers only be granted for hardship and be in the public interest > Increased density > Retain open space Si- Want justification provided for waiver requests Most of the speakers urged the Planning Board members to deny waivers requested by the applicant. Ken Mayo stated that the parcels will remain in a small subdivision within the family, and wastewater regulations will be followed. O'Reilly stated that all Planning Board requirements will be adhered to. Mone stated his opposition to the many abutter requests to deny the applicant waivers or further subdivision of Lot 1,and Johnson said he agreed with Mone's comments. Mone expressed concern with the appearance of a concerted effort on the part of abutters to prevent development,giving the impression that abutters are ganging up on the applicants. Mone pointed out that the rest of the houses have separate septic systems,but the abutters are insisting that this application have a shared system. Mone stated it is not the Planning Board's job to determine wetlands. MOTION: On a motion by Andrea Reed, seconded by Steve Bornemeier,the Board voted to continue the Definitive Subdivision Plan public hearing for Walter H.Mayo,III, Revocable Trust, Ellen M.Harrington,Trustee for property located at 178 Beach Road to 7:00 p.m. at the Planning Board meeting on January 10,2017,for further clarification of waiver requests. VOTE: 5-0-0 The motion passed unanimously. APPROVAL NOT REQUIRED-CHARLES B. MELCHER, TRUSTEE OF THE BARBARA A. MELCHER REVOCABLE LIVING TRUST AGREEMENT-TOM'S HOLLOW LANE Philip Scholomiti(Ryder&Wilcox)described the Plan believed to not require Planning Board approval for a recombination of two existing building lots. This is an equal area land swap,with Lots 1B and 3B being combined with Lots 3A and IA respectively. The resulting two building lots will be conforming lots meeting required frontage and upland area requirements. MOTION: On a motion by Andrea Reed, seconded by William Moue,the Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for Charles B. Melcher,Trustee of the Barbara A.Melcher Revocable Living Trust Agreement dated May 23, 2002,which plan is dated November 15,2016, scale 1"=40',prepared by Ryder&Wilcox,Inc. VOTE: 5-0-0 The motion passed unanimously. Planning Board Minutes—November 29, 2016 Page 5 of 7 Al/information discussed at Planning Board meetings Is kept on file in the Planning Department APPROVAL NOT REQUIRED-BARRY J. ALPER & CAROL L.ALPER&BARRY J.ALPER&CAROL L. • ALPER,TRUSTEES OF THE 118 SOUTH ORLEANS ROAD REALTY TRUST Philip Scholomiti(Ryder&Wilcox)described a Plan believed to not require Planning Board approval for a recombination of two existing lots,each with an existing single family home. This is an equal area land swap,with Lot 1 to be combined with Lot 2,and Lot 3 to be combined with Lot 4. MOTION: On a motion by Andrea Reed,seconded by Steve Bornemeier,the Board voted to authorize the Planning Board Chairman to endorse the Approval Not Required plan prepared for Barry J.Alper and Carol L.Alper,plan dated November 10,2016, scale 1"=30',prepared by Ryder &Wilcox,Inc. VOTE: 5-0-0 The motion passed unanimously. DOWNTOWN ZONING WORKSHOP FOLLOW-UP Planning Board members agreed to continue the downtown zoning workshop follow up discussion to the Planning Board meeting on December 13,2016. ADJOURNMENT MOTION: On a motion by Andrea Reed,seconded by William Mone,the Board voted to adjourn the Planning Board meeting at 9:35 p.m. VOTE: 5-0-0 The motion passed unanimously. 0 SIGNED: ' ..« ∎IN — DATE: (yC (3(x(6 (Thomas Johnson, Clerk) Planning Board Minutes—November 29, 2016 Page 6 of 7 A//information discussed at Planning Board meetings is kept on file in the Planning Department LIST OF HANDOUTS: DEFINITIVE SUBDIVISION PLAN-REBECCA SAN GIOVANNI.12 BAMBI WAY&48 TAR KILN RD • Letter from J.M.O'Reilly&Associates,dated October 5,2016 • Application for Approval of Definitive Plan • Public Hearing Legal Ad • Memorandum from George Meservey,dated November 17,2016 • Memorandum from Board of Health,dated October 24,2016 • Conservation Commission Comment Sheet • Water Department Comment Sheet • E-mail requesting postponement from Rebecca Ann San Giovanni,dated November 23,2016 • Subdivision plans DEFINITIVE SUBDIVISION PLAN- WALTER H.MAYO,Ill,REVOCABLE TRUST.ELLEN M.HARRINGTON,TRUSTEE • Letter from J.M.O'Reilly&Associates,dated October 5,2016 • Application for Approval of Definitive Plan • Public Hearing Legal Add • Memorandum from George Meservey,dated November 17,2016 • Memorandum from Board of Health,dated October 21,2016 • Letter from Attorney Duane Landreth,dated November 22,2016 • E-mail from Timothy&Susan O'Connor,dated November 14,2016 • E-mail from Peter Worley,dated November 21,2016 • Letter from Jim&Beth Guiliano,dated November 20,2016 • E-mail from Marie-Lise&Jay Selz,dated November 23,2016 • Letter from Christopher&Susan Conniff,dated November 23,2016 • • E-mail from Jim&Allison Jackson,dated November 25,2016 • E-mail from Steven&Joyce Davis,dated November 24,2016 • Email from Tim O'Connor,dated November 23,2016 • E-mail from Andy&Benjye Troob,dated November 21,2016 • E-mail from Brian Conway,dated November 27,2016 • Letter from Jay&Robert Stewart,dated November 25 2016 • E-mail from Paul&Elizabeth Perkowski,dated November 25,2016 ' • Letter from Ronald E.Kowalski,dated November 21,2016 • E-mail from Peter&Pattie Bishop,dated November 28,2016 • Letter from Paul&Ann Marie Hickey,dated November 29,2016 • Letter from Tom&Liz Sherwood,undated • Subdivision plans MODIFICATION TO A DEFINITIVE SUBDIVISION PLAN(Cont,)-SETH&ALISON WILKINSON-40&66 BAKER'S POND ROAD • Memorandum from George Meservey,dated October 18,2016(re-issued) • Letter requesting a continuance from Philip Scholomiti(Ryder&Wilcox),dated November 28,2016 • Letter from Philip Scholomiti(Ryder&Wilcox),dated November 28,2016 • Letter from Beverly Camey,dated November 29,2016 APPROVAL NOT REQUIRED-CHARLES B.MELCHER,TRUSTEE OF THE BARBARA A.MELCHER REVOCABLE LIVING TRUST AGREEMENT-TOM'S HOLLOW LANE • • Memorandum from George Meservey,dated November 18,2016 • Application for Endorsement of Plan Believed Not to Require Approval APPROVAL NOT REQUIRED-BARRY J.ALPER&CAROL L.ALPER&BARRY J.ALPER&CAROL L.ALPER.TRUSTEES OF THE 118 SOUTH ORLEANS ROAD REALTY TRUST • Memorandum from George Meservey,dated November 18,2016 • Application for Endorsement of Plan Believed Not to Require Approval DOWNTOWN ZONING WORKSHOP FOLLOW-UP • Proposed Zoning Bylaw with Zoning Bylaw Task Force edits,Draft dated 11-18-2016 • E-mail from Todd Thayer,dated November 17,2016. • E-mail from David Hill,dated November 17,2016 • E-mail from Ryan Castle,dated November 18,2016 CORRESPONDENCE • MassDOT letter re:Intersection Improvements at Route 28,Route 39&Quanset Rd,dated October 24,2016 • Zoning Board of Appeals meeting notice: December 7,2016 APPROVAL OF MINUTES • Planning Board minutes for November 17,2016 Planning Board Minutes-November 29, 2016 Page 7 of 7 All information discussed at Planning Board meetings S kept on file in the Planning Department