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Home My Public Portal AboutPlanning Board -- 2013-12-11 Minutes Brewster Planning Board Approved : 01 /08/20 \�o\aoaSWs munpiT�a,,, 0At ELOEkO'. op 2198 Main Street Votes• 6 -0 -0 ' 3 D - Brewster, MA 02631 -1898 o = y ( 508 ) 896 -3701 x1133 131REIA .STER TOtkill CLERK( m * brewplan@brewster-ma . gov nnniiiiium��0` BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, December 11 , 2019 at 6 : 00 pm Brewster Town Office Building ? - - '' ti 2i46fe Chair Madalyn Hillis- Dineen convened the Planning Board meeting at 6 : 02 pm in the Brewster Town Office Building with members : Roberta Barrett , Ned Chatelain , Charlotte Degen , Kari Hoffmann , Elizabeth Taylor, and Paul Wallace . Also present : Ryan Bennett, Town Planner and Lynn St. Cyr, Senior Department Assistant , The Chair read the Recording or Taping Notification : "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting . In addition , if anyone else intends to audio or video tape this meeting he or she is required to inform the Chair. " 6 : 02 PM CITIZEN ' S FORUM No citizen comment , Bennett announced the Applicant for Special Permit and Site Plan Review Application #2019 -26 has requested to withdraw the application submitted . Also , the Applicant for Special Permit Subdivision Application #2019 -22 has requested a continuance . 6 : 04 PM PUBLIC HEARINGS CONTINUED Definitive Subdivision Plan Application #2019 -18 : Applicant : Christopher Dias , Owner: Burning Grinder LLC . Representative : David Lyttle , P . L . S . of Ryder & Wilcox , Inc . for property located at 1399 Freeman ' s Way and shown on Assessor' s Map 131 , Lot 7 in the Industrial zoning district . Pursuant to the Town of Brewster Subdivision Rules and Regulations Chapter 290 , the Applicant has proposed a Definitive Subdivision Plan to subdivide one ( 1 ) lot into six (6 ) lots . The parcel is also located in the Water Quality Protection District and pursuant to Brewster Zoning Bylaw Chapter 179 , Section 61 is required to undergo review with the Water Quality Review Committee . ( Continued from October 23 , 2019 . ) Documents : • 10/23/ 19 Plan and Profile for Alexandria Drive • 10/24/ 19 Letter from David Lyttle • 12/06/ 19 Revised Agreement and Covenant • 12/ 11 / 19 Draft decision on Definitive Subdivision Plan #2019- 18 • 12/ 11 / 19 Revised Agreement and Covenant • Planning Board checklist for definitive subdivision plan David Lyttle and Becky Sheridan of Ryder & Wilcox , Inc . were present on behalf of the Applicant. Applicant Chris Dias was also present . Lyttle reviewed the revised plan and noted an additional hydrant and request for waiver regarding the width of the berm . Lyttle reviewed the Revised Agreement and Covenant and revised draft decision and stated that the Applicant has no further comments . Taylor asked whether the road would be inspected by a third party , Bennett stated that she had a conversation with the Superintendent of the Department of Public Works and they decided local engineer John O ' Reilly would do the inspection . Ryder & Wilcox will provide an as- built plan . Hoffmann asked how the waiver request would be handled and Bennett stated the reduction in the width of the berm would be included in the conditions of the special permit . Hoffmann asked whether the Applicant would be before the Board in the future for a sign and the Applicant did not believe they would be requesting a sign but if necessary the Applicant would return to the Board for a modification if changes were needed . Lyttle noted that the Applicant would provide a bond in the amount of $ 2 , 000 for roadway inspections . Motion by Degen to Close Public Hearing on Definitive Subdivision Plan Application #2019 -18 . Second by Wallace . Vote : 7-0 -0 . Motion by Degen to Direct Staff to Prepare Final Decision and Covenant on Definitive Subdivision Plan Application #2019 -18 . Second by Wallace . Vote : 7 -0 -0 . PB Minutes 12/11 /2019 Page 1 of 3 6 : 18 PM PUBLIC HEARINGS CONTINUED Modification of Special Permit and Site Plan Review Decision #2018 -23 : Applicant : Christopher Dias , Cape Cod Grow Lab , LLC . Owner: Burning Grinder LLC . Representative : David Lyttle , P . L . S . of Ryder & Wilcox , Inc . for property located at 1399 Freeman ' s Way and shown on Assessor' s Map 131 , Lot 7 in the Industrial ( 1 ) zoning district . The Applicant seeks to modify Special Permit and Site Plan Review Decision #2018-23 granted in accordance with § 179- 11 , § 179-38 . 2 , § 179-51 , § 179- 56 , and § 179 -64 of the Brewster zoning bylaw as a result of Definitive Subdivision Plan Approval #2019- 18 . Documents : • 01 /09/ 19 Special Permit and Site Plan Review Decision #2018 -23 • 10/24/ 19 Site Plan • 10/29/ 19 Planning Board Application ( Modification ) • 10/29/ 19 Stormwater Management Plan • 11 /20/ 19 Letter from Doug Wilcock , Chair, Water Quality Review Committee • 12/ 11 / 19 Draft decision on Modification of Special Permit and Site Plan Review Decision #2018 -23 David Lyttle and Becky Sheridan of Ryder & Wilcox , Inc . were present on behalf of the Applicant. Applicant Chris Dias was also present . Lyttle reviewed revisions and noted the most significant was that Lot 1 which will contain the Grow Lab facility will now be 3 . 26 acres . There will be adjustments to one rain garden due to the cul de sac and increase in impervious surface . Taylor asked Doug Wilcock of the Water Quality Review Committee (WQRC ) to provide comment and Wilcock stated that the decision contains all conditions discussed by WQRC . Hoffmann asked how the reconfiguration impacted the site and Lyttle stated that the only difference from the original plan is the addition of the cul de sac . Motion by Degen to Close Public Hearing on Modification of Special Permit and Site Plan Review Decision #2018 - 23 . Second by Barrett . Vote : 7 -0-0 . Motion by Wallace to Approve Modification of Special Permit and Site Plan Review Decision #2018 =23 . Second by Chatelain . Vote : 7 -0 -0 . 6 : 28 PM PUBLIC HEARINGS CONTINUED Special Permit Subdivision Application #2019-22 : Applicant/Owner: Betsy D . Ward Family Trust, Betsy D . Ward , Trustee , Representative : John M . O ' Reilly , P . E . , P . L . S . of J . M . O ' Reilly & Associates , Inc for property located at 382 Setucket Road and shown on Assessor' s Map 13 , Lot 100 in the Residential Medium Density ( R - M ) and Residential Rural ( R- R) zoning districts . The Applicant proposes to subdivide one lot into two lots pursuant to the Town of Brewster Subdivision Rules and Regulations Chapter 290 . A special permit is required pursuant § 179-35 , § 179-51 and § 179-69 of the Brewster zoning bylaw. Documents : • 12/ 10/ 19 Continuance form Degen read the request for continuance into the record . Motion by Taylor to Open Public Hearing on Special Permit Subdivision Application #2019 =22 . Second by Degen . Vote : 7 -0 -0 . Motion by Hoffmann to Continue Special Permit Subdivision Application #2019 -22 to January 8 , 2020 . Second by Chatelain . Votes 7=0 =0 . 6 : 30 PM PUBLIC HEARINGS CONTINUED Special Permit and Site Plan Review Application #2019 -26 : Applicant : Paines Creek , LLC , Owner: Luke Brewster Realty Trust , Representative : Attorney Timothy McNamara of McNamara & Yates , P . C . for property located at 13 Lower Road and shown on Assessor' s Map 37 , Lot 1 in the Village Business (V- B ) zoning district. The Applicant proposes a change of use to existing commercial space to establish a retail Recreational Marijuana Establishment pursuant to § 179 - 11 , § 179-38 . 2 , and § 179 -51 of the Brewster zoning bylaw. Site Plan Review is also required pursuant to § 179-64 of the Brewster zoning bylaw. Documents : • 12/ 11 /19 & mail from Tim McNamara PB Minutes 12/11 /2019 Page 2 of 3 Bennett stated that the Planning Department received a request from the Applicant to withdraw the application without prejudice , Motion by Chatelain to Accept Request to Withdraw without Prejudice on Special Permit and Site Plan Review Application #2019 -26 . Second by Barrett. Vote : 740 0 6 : 32 PM PLANNING DISCUSSION Approval of Meetina Minutes , November 13 , 20190 The Board reviewed the November 13 , 2019 meeting minutes , Motion by Degen to Approve November 13 , 2019 Meeting Minutes , as amended . Second by Taylor. Vote : 5 -0 -2 . (Wallace and Chatelain abstained . ) 6 : 36 PM TOPICS THE CHAIR DID NOT REASONABLY ANTICIPATE Hoffmann asked about the annual report of the Planning Board , The Board will receive a draft report for review in the January 8th packet , The annual report is due to the Town Administrator' s office at the beginning of February . Motion by Hoffmann to adjourn . Second by Wallace . Vote : 7 =0 -0 . Meeting adjourned at 6 : 38 pm . Next Planning Board Meeting Date : 12/18/19 Special Meeting Respectfully submitted , Charlotte Degen , Clerk PB Minutes 12/11 /2019 Page 3 of 3