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HomeMy Public PortalAboutPB 2017-02-14 t '17 MAR 22 assAc /10 y W 4.44 ORLEANS TORN CLERK 9Ae'A @D ORLEANS PLANNING BOARD FEBRUARY 14,2017-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 Members: Chet Crabtree and Steve Bomemeier. 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). 7:00 PM-PUBLIC HEARING (Cont.)- DEFINITIVE SUBDIVISION PLAN - WALTER H. MAYO, III, REVOCABLE TRUST, ELLEN M. HARRINGTON. TRUSTEE Chairman Bechtold opened the continued Planning Board public hearing for the Walter H.Mayo,III Definitive Subdivision Plan. John O'Reilly(J.M.O'Reilly&Associates,Inc.) summarized changes made to the subdivision plan since the Planning Board last reviewed it on November 29,2016. O'Reilly summarized two environmental reports from Paul Shay(Independent Environmental Consultants, Inc.) regarding the possibility of existing wetlands as raised by the abutters. O'Reilly indicated that Shay found areas within the subdivision that do not meet the State Regulations for wetlands,but do meet standards of the Orleans Wetlands Bylaw, and the report of a lack of wetlands met with agreement from the Conservation Agent. O'Reilly reported on the results of ground surveys performed in the area. O'Reilly gave a summary of construction proposed for the access road with drainage to a leaching pit and a shoulder for parking vehicles or use by emergency vehicles. Comments Attorney Matthew Terry(on behalf of Grandview Estates Homeowners Association)made a series of requests of the Planning Board before any approval of the Howard H.Mayo,III Subdivision. Terry stated that the Association requests that any further subdivision of Lot 1 be considered a Modification of the Subdivision plan,and not be allowed to be submitted as an Approval Not Required plan. Terry requested that Board of Health comments be included in the subdivision conditions. Terry requested that drainage system comments from the Department of Public Works Director be taken into consideration. Terry requested that the plan review be continued to a future Planning Board meeting to address Association comments. Attorney Terry requested that street numbers be shown on the final plan. Mark Norgeot stated his support of the subdivision application and requested that the Planning Board not encumber Lot 1 from further division. Norgeot requested that the Planning Board approve the subdivision plan without further delay. Ken Mayo requested that the Planning Board approve the subdivision plan 100%,and not encumber Lot 1 from future division. Mayo stated the property is anticipated to remain within the family. Mayo stated that the intent of the family has always been to have a good relationship with neighbors,and thanked Planning Board members for their diligence to this subdivision application. Planning Board Minutes-February 14, 2017 Page 1 of 6 All information discussed at Planning Board meetings is kept on file in the Planning Department. Atty Terry reiterated his opinion that the Planning Board should require the applicant to adhere to the Board of Health comments. William Mone stated that he is in favor of approving the subdivision plan at this meeting. Mone stated his ,opinion that the applicant did not need to include Lot 1 in the subdivision application, about which the neighbors have expressed many concerns. Mone noted that the Board of Health had an opportunity to review the subdivision plan,and they have not requested that the Planning Board limit further division of Lot 1. Mone noted that Lot 1 can be presented as an Approval Not Required because has the requisite frontage. Mone stated his opinion that it would be taking away a subdivision property right for the applicant if Lot 1 is restricted from further division,which would be setting a bad precedent. Mone suggested that it would be prudent to ask the applicant what street name they would prefer for the subdivision. In response to a question from Planning Board members,Ken Mayo stated that the family would like the street to be called Howard Way. MOTIONS FOR WAIVERS WAIVER OF TOPOGRAPHY: MOTION: On a motion by Steve Bornemeier, seconded by Chet Crabtree,the Board voted to waive the requirement for topographybased on an actual survey. VOTE: 5-0-0 The motion passed unanimously. WAIVER OF EXISTING CONDITIONS: MOTION: On a motion by Steve Bornemeier, seconded by Andrea Reed,the Board voted to waive the requirement for assessing existing conditions of Grandview Drive. VOTE: 5-0-0 The motion passed unanimously. WAIVER OF STREET FRONTAGE: MOTION: On a motion by Steve Bornemeier, seconded by Andrea Reed,the Board voted to waive the street frontage requirement for Lot 4 and allow panhandle frontage. The lot meets the requirements for Panhandle Lots in the Zoning Bylaw, Section 164-22 A.(5), and it is in the public interest to limit new impervious paving to create required street frontage. VOTE: 5-0-0 The motion passed unanimously. MOTION TO APPROVE: MOTION: On a motion by Andrea Reed, seconded by Thomas Johnson,the Board voted to approve the Definitive Subdivision Plan prepared for Walter H. Mayo III Revocable Trust,revised January 30,2017, scale 1"=40',by J.M.O'Reilly&Associates Inc., for land located at 178 Beach Road, subject to the following conditions: 1. Access to Lots 2, 3,and 4 shall be via the cul-de-sac road. 2. Town water shall be provided to all parcels. 3. Lot 3 is limited to one single family dwelling. Planning Board Minutes—February 14, 2017 - Page 2 of 6 All information discussed at Planning Board meetings is kept on file in the Planning Department. 4. All conditions of the Board of Health must be met, including a septic system upgrade on Lot 1 before lots are conveyed. 5. Road construction must comply with the Proposed Site Plan&Road Profile,revised January 30,2017. 6. All utilities serving the lots must be placed underground. 7. Drainage requirements of the Highway Department must be met. 8. A Restrictive Covenant or other surety shall be placed on the property for the required improvements. • VOTE: 5-0-0 The motion passed unanimously. 7:00 PM—SCENIC ROAD PUBLIC HEARING—EVERSOURCE Chairman Bechtold opened the Scenic Road Public Hearing for a tree trimming application by Eversource for Circuits 4-95B-628&4-94A-633 in Orleans and Clerk Johnson read the legal ad into the record. Kyle Berry (Eversource)informed Planning Board members of a proposal by Eversource to prune trees in Circuits 4-95B-628&4- 94A-633 in Orleans,which were last pruned in 2013. Berry noted that Eversource is operating on a 4-year pruning circle. Berry stated that the trees will be pruned to a clearance of 10'and will take approximately 8-10 weeks. Dan Connolly(Tree Warden)acknowledged that this is routine work,but noted that it is taking place in a large area of town. Berry stated that it is Eversource's intent to do the work so that it does not interfere with the highest tourist season. Berry stated that it will be necessary for the Planning Board to hold another public hearing for future tree removals in these two circuits. Jon Fuller requested that a condition be made that Eversource cannot prune after Memorial Day or before Columbus Day in order to avoid the business community shoulder seasons. Reed suggested future review on the issue of burying wires underground. Reed stressed that tree trimming work should be scheduled so that it does not interfere with weekend events held in town through the month of September. MOTION TO APPROVE: On a motion by Steve Bornemeier, seconded by Andrea Reed,the Board voted to approve the request for tree trimming by Eversource along Circuits 4-95B-628&4-94A- 633 in Orleans. VOTE: 5-0-0 The motion passed unanimously. 7:00 PM- PUBLIC HEARING (Cont.)- PROPOSED ZONING AMENDMENTS Chairman Bechtold opened the continued Planning Board public hearing for proposed zoning bylaw amendments continued from January 24,2017. Greg DeLory requested that Planning Board members discuss points he brought up in a letter dated February 6,2017 regarding proposed zoning amendments. Planning Board members reviewed public comments received at the January 24,2017 zoning public hearing. Meservey noted that the Planning Board,Board of Health and Board of Selectmen are working together to determine the best zoning and wastewater planning for the town. Meservey reviewed comments from Attorney Michael D.Ford(Town Counsel)and noted his recommendation that the Planning Board hold a new public hearing to address comments and suggested revisions received on the zoning bylaw amendments. Bomemeier voiced his opinion of the need for housing diversity in town,and Crabtree expressed concern regarding how to provide an understandable zoning amendment to voters. Meservey reminded Planning Board members of the time constraints if the Planning Board wants to include an article in the May town meeting warrant. Crabtree stated he is not opposed to an overlay concept,but noted the need for the Planning Board Minutes—February 14, 2017 Page 3 of 6 AA information discussed at Planning Board meetings is kept on Ale in the Planning Department. Planning Board to be sold on the concept of two sets of density within the Village Center as proposed at the meeting on January 24,2017. MOTION: On a motion by Chet Crabtree,seconded by Andrea Reed,the Board voted to hold a public hearing to consider proposed zoning for apartment development in the downtown as proposed by Attorney Michael D. Ford(Town Counsel)to include an Overlay District,to be held on March 21,2017 at 7:00 p.m. in the Nauset Meeting Room at the Orleans Town Hall. The Planning Board Chairman asked that the motion be tabled,to first discuss whether to separate the zoning amendment into two articles. Planning Board members agreed to table the motion. Bomemeier made the suggestion that the article be pulled from consideration for inclusion on the May 2017 town meeting warrant in order to provide time for further Planning Board review. MOTION: On a motion by Steve Bornemeier,seconded by Andrea Reed,the Board voted to proceed with a comprehensive approach of a single zoning article. VOTE: 4-1-0 The motion passed by a majority. (Chet Crabtree voted against the motion). The Planning Board went back to the tabled motion to hold a public hearing as follows: MOTION: On a motion by Chet Crabtree, seconded by Andrea Reed,the Board voted to advertise a zoning public hearing for downtown zoning as submitted by Town Counsel to be held on March 21,2017 at 7:00 p.m. in the Nauset Meeting Room at the Orleans Town Hall. VOTE: 5-0-0 The motion passed unanimously. MOTION TO CLOSE THE FIRST ZONING PUBLIC HEARING STARTED JANUARY 24TH: MOTION: On a motion by Thomas Johnson, seconded by Andrea Reed,the Board voted to close Y Y the zoning public hearing originally commenced on January 24,2017. VOTE: 5-0-0 The motion passed unanimously. COMMITTEE REPORTS Board of Water&Sewer Commissioners(Chet Crabtree) Chet Crabtree gave a report on an upcoming project to replace water pipes in some areas in town. Community Preservation Committee(William Mone) William Mone gave an update on Community Preservation Committee applications. Planning Board Minutes—February 14, 2017 Page 4 of 6 All information discussed at Planning Board meetings is kept on file in the Planning Department. TOWN PLANNER UPDATE • Consideration of"open comment"agenda item • Cape Cod Commission parking and traffic study due in March. APPROVAL OF MINUTES MOTION: On a motion by Andrea Reed,seconded by Steve Bornemeier,the Board voted to approve the Planning Board minutes for January 24,2017. VOTE: 4-0-1 The motion passed by a majority. (Chet Crabtree abstained). ADJOURNMENT MOTION: On a motion by Andrea Reed,seconded by Thomas Johnson,the Board voted to adjourn the Planning Board meeting at 9:40 p.m. VOTE: 5-0-0 The motion passed unanimously. SIGNED: DATE: ( (-2-0 C7 (Thomas Johnson, Clerk) Planning Board Minutes—February 14, 2017 Page 5 of 6 All intonation discussed at Planning Boani meetings is kept on file in the Planning Department. LIST OF HANDOUTS: DEFINITIVE SUBDIVISION PLAN- WALTER H.MAYO,Ill.REVOCABLE TRUST.ELLEN M.HARRINGTON,TRUSTEE • Letter from John O'Reilly,dated January 30,2017 • Environmental Assessment Report from Independent Environmental Consultants,Inc.,dated December 1,2016 • Environmental Assessment Report from Independent Environmental Consultants,Inc.,dated January 26,2017 • Letter from John A.Laurin,President,Grand View Properties Association,Inc.,dated December 1,2016 • Letter from Kendall Farrar,dated November 25,2016 • Letter from Attomey Duane P.Landreth,dated December 21,2016 • Letter from Tim O'Connor,dated January 11,2017 • Planning Department memorandum,dated February 4,2017 • 7:00 PM—SCENIC ROAD HEARING—EVERSOURCE • Public Hearing legal ad • Scenic Road Hearing Application • Letter from Kyle Barry(Eversource Arborist),dated December 28,2016 • Eversource Specification for Local Distribution,Line Clearance,Tree Work and Brush Control • Map of Orleans 7:00 PM—PUBLIC HEARING(Cont.)—PROPOSED ZONING AMENDMENTS • Review of January 24 public hearing • Memorandum from Greg DeLory,dated February 6,2017 • Comments from Town Counsel • Consider advertising for new public hearing based on Town Counsel review COMMITTEE REPORTS • Board of Water&Sewer Commissioners(Chet Crabtree) • Community Preservation Committee(William Mone) • P3 Wastewater Working Group(Thomas Johnson) TOWN PLANNER UPDATE • Discussion: Consideration of'open comment"agenda item • APPROVAL OF MINUTES • Planning Board minutes for January 24,2017 • • • Planning Board Minutes—February 14, 2017 Page 6 of 6 All information discussed at Planning Bawd meetings is kept on file In the Planning Department.