HomeMy Public PortalAboutPlanning Board -- 2019-12-18 Minutes OREwsr Brewster Planning Board Approved : 01 /08/20
2198 Main Street Vote : 4=0 -2
Brewster, MA 02631 - 1898
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Wednesday , December 18 , 2019 at 6 : 00 pm
Brewster Town Office Building
Chair Madalyn Hillis- Dineen convened the Planning Board special meeting at 6 : 00 pm in the Brewster Town Office Building
with members : Ned Chatelain , Charlotte Degen , Kari Hoffmann , and Paul Wallace . Roberta Barrett and Elizabeth Taylor
were not present. 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 : 00 PM CITIZEN ' S FORUM
No citizen comment.
6 : 01 PM PUBLIC HEARINGS
Special Permit and Site Pian Review Application #2019 -24 : Applicant/Owner: Keyes Enterprises , LLC .
Representative : John M . O ' Reilly , P . E . , P . L . S . of J . M . O ' Reilly & Associates , Inc . for property located at 0 Sara Ann Lane
and shown on Assessor' s Map 77 , Lot 53 in the Commercial High Density (C - H ) zoning district. The Applicant proposes
to construct a commercial steel frame building containing four commercial bay units for use as a Building and
Construction Trade Shop or Garage pursuant to § 179- 11 and § 179- 51 of the Brewster zoning bylaw. Site Plan Review is
also required pursuant to § 179 -64 of the Brewster zoning bylaw.
Documents :
• 03/06/ 18 Elevations
• 10/28/ 19 Proposed Site Plan
• 10/28/ 19 Existing Conditions Plan
• 10/30/ 19 Planning Board Application
• 12/ 13/ 19 Department Review Comments
• 12/ 17/ 19 Email from James Gallagher
• Lighting Specifications
• Special Permit and Site Plan Review Checklists
Paul Wallace recused himself from this application .
Motion by Hoffmann to Open Public Hearing on Special Permit and Site Plan Review Application #2019 =24 .
Second by Chatelain . Vote : 4-0-0 .
John O ' Reilly , J . M . O ' Reilly & Associates , Inc . was present on behalf of the Applicant . The Applicant, Kenyon Keyes , was
also present. O ' Reilly reviewed the project including that the Applicant was looking to construct 80 ' x 50 ' steel frame
building with four contractor bays . O ' Reilly reviewed the site plan and stated that two curb cuts were being requested .
O ' Reilly reviewed the location of the catch basins and subsurface leeching facilities . He noted that a dumpster was
proposed and that it would be screened by a fence and Leyland Cypress trees . O ' Reilly stated that the Applicant was not
requesting any waivers .
Hillis- Dineen referenced an e- mail from James Gallagher, the Deputy Assessor, requesting clarification of ownership
information , O ' Reilly stated that he would work with the Applicant to get the Assessor the requested information .
Hoffmann observed build up from run off on Sara Ann Lane . O ' Reilly asked if there was still a bond available for final
paving and setting of concrete monuments . Bennett stated that she would review the file to see if bond funds were
available . Hoffmann asked if there was a maintenance plan for the drains and O ' Reilly stated that he will check .
Hoffmann also stated that she observed large puddles on the road . Bennett stated that she would check the conditions
from the lot releases . O ' Reilly stated that the parking lot for the building is higher than road . O ' Reilly reviewed proposed
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landscaping for the site . Hoffmann stated she would like to see more landscaping and O ' Reilly will discuss additional
plantings with the Applicant . Chatelain asked for more information on the catch basins . O ' Reilly stated that the basin
capacity was based on a 25 year storm event. O ' Reilly stated that the drainage is sized to accommodate the roof area as
well as the building . Degen asked for clarification on the site plan and O ' Reilly responded pointing out the grassy areas
on the plan . Hoffmann asked about the 25 year storm plan and whether a longer amount of time was necessary . Bennett
stated that there is no requirement for a 25 year storm plan in the zoning bylaw . Chatelain noted that the Applicant may
be improving the drainage situation on the road .
Degen read Department Review Comments into the record .
O ' Reilly asked for clarification on the request by the Fire Chief for installation of an additional fire hydrant . O ' Reilly stated
that there was already one fire hydrant in the area . Bennett stated that she would follow up with the Fire Chief. Hoffmann
stated that the fire hydrant is not to grade and could be deemed inaccessible . O ' Reilly stated that the fire hydrant is
operational . Hillis- Dineen asked that the Applicant provide additional landscaping options and the ownership information
requested by the Assessor.
Motion by Chatelain to Continue Special Permit and Site Plan Review Application #2019 -24 to January 22 , 2020 .
Second by Degen . Vote : 4-0 -0 .
6 : 32 PM PUBLIC HEARINGS CONTINUED
Special Permit and Site Pian Review Application #2019 -23 : Applicant/Owner: Liberty Gold Realty Trust ,
Representative : John M . O ' Reilly , P . E . , P . L . S . of J . M . O ' Reilly & Associates , Inc . for property located at 0 Underpass
Road and shown on Assessor' s Map 76 , Lot 27 in the Commercial High Density ( C - H ) zoning district. The Applicant
proposes to construct a two bay commercial building for use as a Building and Construction Trade Shop or Garage ,
pursuant to § 179- 11 and § 179-51 of the Brewster zoning bylaw. In addition , the Applicant proposes a One Family
Security Apartment and an Accessory Commercial Dwelling Unit on the second floor, as allowed by zoning bylaw sections
§ 179- 11 and § 17942 . 3 . Site Plan Review is also required pursuant to § 179-64 of the Brewster zoning bylaw.
Documents :
09/ 17/04 Sewage Disposal System Plan
• 08/ 14/ 19 Elevations and Floor Plans
• 10/28/ 19 Proposed Site Plan
• 10/30/ 19 Planning Board Application
• 12/ 13/ 19 Department Review Comments with attachments
Lighting Specifications
Special Permit and Site Plan Review Checklists
Motion by Wallace to Open Public Hearing on Special Permit and Site Plan Review Application #2019 -23 . Second
by Degen . Vote : 5-0 -0 ,
John O ' Reilly , J . M . O ' Reilly & Associates , Inc. was present on behalf of the Applicant , The Applicant Daniel Poitras was
present along with the builders for the project. O ' Reilly noted that there will be two commercial bays on the first floor and
two dwellings on the second floor. The building will be a wood frame set on a concrete slab . The contractor bays will face
the parking area towards Underpass Road . O ' Reilly discussed a reconfiguration of the parking due to the building
location . O ' Reilly stated that the gravel will remain and the Applicant is relying on the current onsite drainage which is
handled through drywells . There is minimal landscaping and it is noted on the plan .
Degen asked for clarification on roof run off and O ' Reilly stated that run off would be handled through the gutter to the
downspout and then to drywells , Wallace sought clarification on the lighting on site and O ' Reilly stated that there is no
post lighting proposed and all lights are downward casting . The building will have sprinklers . Chatelain commended the
Applicant for providing housing and asked O ' Reilly to clarify his parking calculation . O ' Reilly referenced previous site plan
review applications for other uses which included 39 parking spaces . Chatelain asked about the parking arrangement
with the business across the street and O ' Reilly stated that the project was no longer happening therefore parking would
not be needed . Hoffmann stated that she appreciated the building design . Hoffmann asked about storage units on the
site as well as tree clearing . O ' Reilly reviewed the site plan and pointed out the school property located next to the site .
There was a discussion on screening with Leyland Cypress . Hoffmann inquired about curb cuts and O ' Reilly stated that
during a past Planning Board discussion on the property , the Board had indicated that a third curb cut would not be
allowed . Hillis- Dineen expressed appreciation that two apartments were proposed as part of the application .
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Degen read Department Review Comments into the record .
O' Reilly asked for clarification on the Fire Chief comments . O ' Reilly stated that a septic plan has been filed with the
Health Department. Hoffmann inquired about the joint driveway . The Board reviewed their site plan review checklist.
Degen asked about a bike rack and the pedestrian flow . A small bike rack was recommended . Hoffmann asked whether
the requirement that 25 % of the front yard be vegetated was met and O ' Reilly reviewed the plan pointing out grassy
areas . The Board reviewed their special permit checklist . The Board further discussed the vegetated front yard
requirement and O' Reilly said he will provide a calculation on front yard vegetation to the Planning Department.
Hillis- Dineen asked for public comment and there was no public comment .
Motion by Hoffmann to Close the Public Hearing on Special Permit and Site Plan Review Application #2019 -23 .
Second by Degen . Vote : 5=0 -0 .
Motion by Chatelain to Approve the Site Plan with Conditions , as discussed , on Special Permit and Site Plan
Review Application #2019 =23 . Second by Wallace . Vote : 5 -0 -0 .
Motion by Chatelain to Approve the Special Permit with Conditions , as discussed , on Special Permit and Site
Plan Review Application #2019 -23 . Second by Degen . Vote : 5 -0 -0 .
7 : 10 PM PUBLIC MEETING
CONTINUED Site Plan Review Application #2019 -21 : Applicant: The Haven Center, Inc. Owner: MOG Real Estate
Holdings , LLC , Representative : Attorney Benjamin E . Zehnder of La Tanzi , Spaulding & Landreth for property located at
4018 Main Street and shown on Assessor' s Map 138 , Lot 42 in the Village Business (V- B ) zoning district. Pursuant to
Section 179-64 ( Site Plan Review) and Section 179- 11 (Table of Use Regulations) of the Brewster Zoning Bylaw , the
Applicant seeks approval to operate a retail store for Adult Use Marijuana . ( Continued from November 13 , 2019 . )
Documents ,
• 11 / 13/ 19 Agreement to Lease Parking Spaces
• 12/ 12/ 19 Email from Jean Holm
• 12/ 14/ 19 Email from John Deegan
• 12/ 14/ 19 Email from Tom Johnston
• 12/ 14/ 19 Email from Kathleen Rosenbaum
• 12/ 14/ 19 Email from Elliott Jemison
• 12/ 16/ 19 Email from Don Holm
• 12/ 16/ 19 Traffic Engineering Peer Review
• 12/ 17/ 19 Email from Jack Sundermier
• 12/ 18/ 19 Letter from Ken Buckland , Director, Wareham Planning & Community Development
Attorney Benjamin Zehnder of LaTanzi , Spaulding & Landreth was present along with John O ' Reilly , J . M . O ' Reilly &
Associates , Inc.
Bennett reviewed the procedure taken to obtain a traffic peer review and introduced Fayssal Husseini of Nitsch
Engineering who conducted the peer review. Husseini stated that he has participated in both public and private agency
peer reviews . Nitsch has done approximately 20 traffic studies for dispensaries . This is Nitsch ' s first peer review of traffic
for a dispensary . Husseini stated that he reviewed the application and related materials including traffic assessment
memorandum . Husseini stated that the role of Nitsch Engineering is that of a facilitator to insure the Applicant will comply
with federal , state and local standards . Husseini explained that the focus of the peer review was on parking , access and
egress , traffic generated by the site , the impact of that traffic on the roadway , and the ability to enter and exit the site
safely including a review of sight distance . Husseini stated that the location was unique because there was no passing
lane available so all traffic has to slow down or stop . The speed limit is 40 mph on the road . A review of the traffic
queuing showed the peak hours were in the morning between lam and 9 am and in the afternoon/evening between 4 pm
and 6 pm , as well as Saturdays . Husseini stated that this particular site is considered a destination site . Husseini stated
that the Applicant has provided enough parking to meet the state transportation engineer parking handbook standards .
The Applicant has proposed 31 spaces which covers employees and patrons and in addition provides seven extra
spaces . Husseini stated that because the site is on a state highway , the Applicant is required to obtain a permit from the
MA Department of Transportation and MA DOT will most likely require a full traffic study . Husseini stated that a full traffic
study would analyze all aspects of traffic including traffic generated and distributed . Husseini stated that the Applicant
should provide crash data for the most recent 3 years available as that is a routine part of a traffic review. MA DOT keeps
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the crash data and updates it as local police departments file reports . Husseini has found that local police records are
more accurate . Husseini noted that the traffic analysis provided by the Applicant includes a credit for the existing use of
the property and the property has been vacant since 2015 . Husseini stated a credit usually is not taken for a prior use .
The prior use was pet grooming . Nitsch does not agree that a credit should be taken for the prior use . Husseini also
stated that the Applicant' s analysis includes that 50 % of the trips generated are pass by . Based on the peer review ,
Husseini stated that a more reasonable calculation is that 10 % of the trips are pass by . Husseini also recommended
closing both driveways on Rote 6a and making access available to the site through Southern Eagle Cartway . It was noted
that Southern Eagle Cartway is a private way . Husseini suggested sight distance can be improved if growth was
removed . He also asked that the Applicant provide calculations to show adequate stopping distance will exist . Degen
asked about the projected impact on traffic as a result of the summer population increase . Husseini stated that the Cape
Cod Commission also provides traffic data and from that data July is known as the peak month on the Cape . There are
state factors that can be used to convert data obtained in off peak months to peak months . The factors help with
fluctuation and projections which are usually done for five years .
Jay Olin , Bayview Road , noted that the summer population can get as high as 150 , 000 people . Olin stated that he was
concerned that the parking would not be adequate to handle the number of trips expected to the site during the summer
months . Husseini stated that based on the trip information provided by the Applicant, the parking provided is adequate .
Wallace confirmed with Husseini that he agreed with the trip information provided by the Applicant.
David Reid , representing the Animal Rescue League of Boston , asked if there is a difference in trip projections based on
whether a facility is a medical marijuana facility of a recreational retail facility . Husseini stated that in his experience there
is no difference . Reid asked whether the level of service on Route 6a was determined and Husseini stated that the
Applicant did not provide that calculation but he believes it will be a requirement through the MA DOT permitting process .
Reid asked whether entering on Southern Eagle Cartway would be better than having two drive ways on Route 6a .
Husseini stated that it was difficult to determine but two drive ways on 6a could cause conflicts within the actual site
including parking restriction and circulation for emergency vehicles . Husseini stated that if access was from Southern
Eagle Cartway he would also recommend a right only turn from the site on to Route 6a . Reid asked for Husseini ' s
thoughts on a soft opening and how it would impact traffic . Husseini stated he believed a soft opening with appointment
only would help lessen the traffic impact. Chatelain asked Husseini if he had any sense of how traffic changes after a soft
opening . Husseini stated that there may not be a change in traffic unless other sites open in the area . Reid asked
whether Husseini looked at impact to the abutting ARL property and Husseini stated that because the ARL is situated to
the left of the site there will be less of an impact.
Greg Kelly , Cranberry Lane , stated concern with being able to make a left hand turn in the summer. He stated that
customers were going to have to take a left to get back to the highway and the traffic light on Baker' s Pond already gets
backed up heading west in the summer. Kelly also stated that Route 6a is busy year round . Husseini responded and
stated that the Applicant will be required to get an access permit from the state because the site is located on Route 6a .
Traffic will be reviewed and the Applicant will have to justify that they are not going to compromise traffic or safety on the
road .
Dave Valcourt , Deer Path Circle , stated that another safety issue for consideration is that the sidewalks end right around
Owl Pond Road . He is concerned about bicyclists and bus stops situated nearby .
Zehnder asked what opportunity a soft opening would give a traffic engineer to determine trip generation or traffic patterns
for a straight retail opening . Husseini stated that appointment only operations allow for traffic regulation and allow traffic
engineers to observe traffic progression to and from the site . Husseini stated that police details will help control access to
the site . Husseini stated that a traffic engineer would be able to observe traffic patterns through the number of people
traveling to and from the site during a particular hour. Husseini suggested observations would be needed during both
peak morning and evening hours and also on a Saturday for the most accurate estimate . Husseini stated that 1 -2 days of
observation would provide an accurate prediction for traffic patterns .
Degen asked what authority the MA DOT has and Husseini explained that the state issues the access permit and may
require a traffic study in order to issue a permit . The state can also request changes to the site for better access .
Hoffmann asked Husseini whether the number of calls for appointments would be reviewed for potential traffic impact and
Husseini stated that customer demand was not something reviewed as the demand would be controlled by conditions of
the special permit. Husseini stated that typically the local police department gets involved in the transfer from a soft
opening to full scale retail and will provide feedback and conditions for the operation , Wallace asked Bennett and
Zehnder if either were familiar with the DOT requirement for a full scale traffic study . Bennett stated that Cumberland
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Farms was required to go through this process for their curb cut. Zehnder stated that the Applicant has not begun the
curb cut process with the state but he does not believe the state is going to require a full scale traffic study . Zehnder
stated that the Board should look to the state to determine the level of service and curb cut locations for this project.
Chatelain asked about the level of service required to be maintained at this location and Bennett stated that the level of
service is level C . Bennett suggested the Board include a condition in their permit that any changes to the site plan as a
result of the review by MA DOT would require the Applicant to return to the Planning Board for review . Husseini reviewed
the level of service " C " category , Bennett asked Husseini whether the Applicant has provided sufficient information to
determine the level of service at this location and Husseini stated that he believes sufficient information has been
provided . Husseini further stated that more data would be needed to determine whether the level of service would be
degraded below level C . Husseini stated again that he believes the Applicant will be required by the state to complete a
traffic study . Wallace asked Husseini if he would recommend a traffic study if the state does not require one and Husseini
stated that he would need more information on trip generation , a review of the speed limit in the area , and also the
number of bicyclists that travel the road . Husseini stated that the Cape Cod Commission would have some of the needed
data . Husseini stated that he would feel more comfortable without a traffic study if the location remained appointment only
year round or seasonally .
Zehnder submitted a copy of an agreement for offsite parking . Zehnder stated that the peer review showed that an
additional parking area was not needed but suggested a condition of the permit could be if it is determined that additional
parking is needed , the Applicant will do the site work/engineering on the overflow site at a later time . Zehnder stated that
the Applicant will provide accident data for three years to the Board . Zehnder also stated he will speak to the traffic expert
working with the Applicant to remove the trip credit for prior use . Zehnder stated that he agreed that the pass by trip
percentage is lower than 50 % . Zehnder stated that he does not believe information on stopping and sight distances is
necessary for the Board to make their decision . Zehnder stated that sight distance will be provided on the site plan .
Zehnder stated that he would like to contact the Cape Cod Commission to see if they have determined whether the level
of service on the road is currently below a level C before further discussion on a full scale traffic study. Zehnder submitted
a letter from the Wareham Director of Planning describing the Town ' s experience with the opening and operating of
Verilife . Zehnder stated that a soft opening period should not be months long and he suggests a review after the
dispensary has been opened to look at traffic, landscaping , and parking to see what is working . Zehnder stated that the
Applicant believes that one curb cut is better than two and he will review title to Southern Eagle Cartway to see if the
Applicant has any rights to that road . Hillis- Dineen asked about the possibility of providing a shuttle and Zehnder stated
that he does not know where to park people for shuttle service in Brewster. He believes that a satellite lot will cause some
confusion and create the same level of traffic in another section of town . Zehnder does not believe that shuttle parking will
be required , Hoffmann asked how long it took for traffic to calm down in Wareham . Zehnder stated he will follow up with
the Wareham Planner. Hoffmann asked about the possibility of a right turn only for this site and Bennett stated that would
be the jurisdiction of MA DOT . Chatelain asked if site plan review was required to be approved in order to start curb cut
permit process and Zehnder said it was not required to start the process . Chatelain agreed that the Applicant needs to
ask the Cape Cod Commission for data regarding the current level of service . Chatelain stated that if MA DOT is not
going to require a traffic study the Board is going to need to consider whether they want a full traffic study. Chatelain
stated that he expected a soft opening period would be months not weeks long and that he would like to see a review by
the Board once the facility has been opened for a period of time . Wallace stated that he would like to see any data the
Cape Cod Commission has on the current level of service . Wallace stated he is not sure a traffic study is needed .
Wallace would like to see a soft opening with weaning to a full retail operation . Degen stated that a plan was needed for a
soft opening by appointment only and police department interaction and feedback would be required . Wallace asked if a
condition could be included in the permit stating that if the level of service is degraded , the Applicant must return to the
Board for review. Zehnder suggested a soft opening period of 30 days with weaning off appointment only and feedback
from the police chief, as well as a review with the Board at 3 or 6 months . Hoffmann noted that Brewster has seasonal
visitors from out of state during the summer that will impact traffic and may be drawn to take advantage of this unique
situation . Hoffmann asked if the Applicant would be willing to return to appointment only if the level of service is degraded
after the soft opening . Zehnder said the Applicant would be willing to have a discussion with the Board , if necessary.
Degen noted public comment received and specifically referenced an email from Jean Holm requesting a calculation of
average passing cars in the summer months versus an overall average of passing cars . Degen noted that the remaining
public comment received was from residents of the Seaview neighborhood expressing concerns regarding traffic and
suggesting that offsite parking , shuttle service , and appointment only operation may help with traffic . Hoffmann disclosed
that she lives in the Seaview neighborhood and is a member of the homeowner' s association but has not been involved in
any discussions or copied on correspondence related to the Haven Center ,
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Louise Vivona Miller, Vesper Pond Drive , is concerned that customers will be parking in her neighborhood . She urged the
Board to carefully consider parking so free form satellite parking does not occur.
Dave Valcourt, Deer Path Circle , thanked the Board for their work and thanked Zehnder for his willingness to provide
information and due diligence .
Greg Kelly , Cranberry Lane , stated he believed a traffic study should be required and is confused as to why the Board is
hesitant to require one . He is also expressed concern about the " see how it works out" approach and believes once the
Board gives permission for the facility to open there is no turning back .
Hoffmann asked if a traffic study would provide information as to the flow of traffic on site and entering and exiting the site .
Husseini stated that a traffic study will provide information on the impact of traffic coming to the site and the impact to
traffic on Route 6a . The purpose of the traffic study would be to determine the level of service which will include the level
of impact. Husseini stated that the traffic study will provide recommendations for mitigation , if needed . Bennett asked if
the historic nature of Route 6a would factor into mitigation recommendations and Husseini believed it would be a factor.
David Reid and Mary Nee , President , Animal Rescue League . Reid stated that the zoning bylaw requires through site
plan review that the Board make a finding that the service level is not degraded below level C . Reid stated that at the
previous Planning Board meeting a representative for the Applicant stated that they would learn what their market was
through the soft opening . Reid suggested that the Board should ask the Applicant to provide data on customer calls
including most desired appointment times . Reid also suggested that the Board be very specific in their decision with
issuing time periods for the soft opening and weaning off period and that the Board retain authority to review and modify
the permit based on traffic issues , if needed . Reid pointed out that the Board should rely on their judgment and
experience with traffic in the area . Nee expressed concerns over traffic and the curb cut on Route 6a . Nee talked about a
personal experience before the Dedham Planning Board in which she was required to have a traffic study done . Nee
does not believe that the Board has enough information to determine if the level of service will be degraded . Reid stated
that the Fire Department has asked for a break-away gate on Southern Eagle Cartway so maybe an actual entrance can
be placed on Southern Eagle Cartway .
Jay Olin , Bayview Drive , stated that the Brookline dispensary opened without an open only approach and there has been
problems . He also noted that the populations in the summer of Wareham and surrounding towns compared to Brewster
and surrounding towns is significantly different with the higher populations being in the Brewster area . Olin asked if the
Board had information on the number of dispensaries that opened as appointment only and are currently still appointment
only . Olin expressed concerns regarding the traffic flow , insufficient parking , and bike safety . Olin asked the Board to
advocate for a sidewalk from at least the dispensary to Seaview and possibly also from the dispensary to Robinwood .
Motion by Chatelain to Continue Site Plan Review Application #2019 -21 to January 8 , 2020 . Second by Wallace .
Vote : 5-0 -0 .
9 : 00 PM TOPICS THE CHAIR DID NOT REASONABLY ANTICIPATE
Hoffmann suggested a change to the Planning Board meeting start time to 6 pm . The Board will discuss the time change
further when all members are present .
The Board would also like to have further discussion on the technical review standard of 25 years for runoff. Bennett will
review the Town of Truro' s policy that was referenced during the meeting .
Motion by Wallace to adjourn . Second by Chatelain . Vote : 5-0 -0 . Meeting adjourned at 9 : 07 pm .
Next Planning Board Meeting Date : 01 /08/20
Respectfully submitted ,
Charlotte Degent Clerk
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