HomeMy Public PortalAboutPlanning Board -- 2020-01-08 Minutes aE11 Ws Brewster Planning Board Approved : 01 /22/20
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BREWSTER PLANNING BOARD
MEETING MINUTES CRUESTER T01,,1 CLERK:
Wednesday , January 8 , 2020 at 6 : 00 pm
Brewster Town Office Building
Chair Madalyn Hillis- Dineen convened the Planning Board meeting at 6 : 00 pm in the Brewster Town Office Building with
members : Ned Chatelain , Charlotte Degen , Elizabeth Taylor, and Paul Wallace present. Roberta Barrett was not present .
Kari Hoffmann participated remotely . 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. "
Hillis-Dineen announced Kari Hoffmann is participating remotely due to geographic distance .
6 : 01 PM CITIZEN ' S FORUM
No citizen comment .
6 : 02 PM PLANNING DISCUSSION
Addendum to Leaal Opinion for Haven Center Application for Site Plan Approval .,
Documents :
• 10/31 / 19 Legal Opinion from Town Counsel
• 01 /07/20 Legal Opinion from Town Counsel
Katie Laughman of KP Law was present to review legal opinions provided regarding the Haven Center' s application for
site plan approval . Hoffmann referenced the approval not required plan (ANR ) filed on behalf of the Haven Center in 2017
and stated that the zoning freeze was only applicable to uses allowed at time . A review of state law indicates that
recreational marijuana establishments were allowed as of November 18 , 2016 . Laughman further stated that in
November 2017 Brewster considered prohibition and a zoning moratorium and both failed . Laughman stated that zoning
for this site was frozen as of December 29 , 2017 and there was no prohibition or moratorium in place at that time . The
closest use at the time of the ANR filing was the retail use . It is Laughman ' s opinion that the ANR stands and site plan
approval is the appropriate zoning relief. Laughman further stated that as of December 29 , 2017 Brewster has a zoning
bylaw for medical marijuana in place . If the Haven Center decided to pursue a medical marijuana dispensary a special
permit would be needed .
Chatelain asked whether the Haven Center' s provisional state license created complications because it was for medical
use . Laughman opined that the state application would not impact the zoning freeze . Hoffmann asked how the state
conversion process relates to zoning and Laughman responded that they are two separate processes .
6 : 16 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 December 18 , 2019 . )
Ben Zehnder was present to provide an update to the Board . Zehnder stated that the Applicant is still in the process of
gathering the information the Board previously requested and asked for a continuance to January 22 , 2020 .
Motion by Wallace to Continue Public Meeting on Site Plan Review Application #2019 -21 to January 22 , 2020s
Second by Degen . Vote : Chatelain - yes , Hoffmann as yes , Wallace as yes , Taylor - yes , Degen - yes , and Hillis "
Dineen — yes . Vote : 6 -0 -0 .
PB Minutes 01 /08/2020 Page 1 of 4
6 : 16 PM PUBLIC HEARINGS
CONTINUED Special Permit Subdivision Aoolication #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 Natural
Resource Protection Design , Section 69 , of the Brewster zoning bylaw and the Town of Brewster Subdivision Rules and
Regulations Chapter 290 . A special permit is also required for the common driveway . (Continued from December 11 ,
2019 )
Documents :
10/30/ 19 Definitive Subdivision Plan Application
12/ 15/ 19 Department Review Comments
• 12/23/ 19 Definitive Subdivision Plan
Special Permit and Definitive Subdivision Checklists
Ned Chatelain recused himself from this application .
John M . O ' Reilly of J . M . O ' Reilly & Associates Inc , was present on behalf of the Applicant with Peter Johnson and Amy
Henderson of the Brewster Conservation Trust ( BCT) . Attorney Roger O ' Day was also present on behalf of BCT .
O ' Reilly reviewed the subdivision plan with the Board and noted that Lot A which contains approximately 8 acres is being
conveyed to BCT and Lot B which is approximately 2 acres will remain in ownership with the Wards . O ' Reilly referenced
the 15' wide panhandle for frontage for Lot B . Access will be from the existing travel way . O ' Reilly stated that the
property is under the jurisdiction of the Land Court and the Land Court has asked for revisions to the current plan which
he will make . O ' Reilly requested to bring the revised plan to the Board ' s January 22nd meeting . Hoffmann asked for
clarification of certain references on the plan and O ' Reilly acknowledged that they were Land Court references that will be
updated . Hoffmann asked about use of the driveway and O ' Reilly stated that there was possibly an access agreement
within the deeds to the properties .
Peter Johnson stated that this land acquisition was the second in a series of six that the BCT was hoping to complete in
order to conserve a total of 42 acres .
Motion by Taylor to Continue Public Hearing on Special Permit Subdivision Application #2019 -22 to Januari 22 ,
2020 . Second by Degen . Vote : Hoffmann - yes , Wallace - yes , Taylor - yes , Degen - yes , and Hillis - Dineen — yes .
Vote : 5-0 -0 .
6 : 29 PM PUBLIC HEARINGS CONTINUED
Special Permit and Site Plan Review Application #2019 -27 : Applicant: Brewster Botanicals , LLC , Owner: LTV Realty
Trust II , Representative : Attorney Patrick Sullivan , Lewis & Sullivan , P . C . for property located at 1069- 1073 Main Street
and shown on Assessor's Map 37 , Lot 61 in the Village Business (V- B ) zoning district. The Applicant proposes to
establish a retail Recreational Marijuana Establishment pursuant to § 179- 111 § 179-38 . 21 § 179-51 , and § 179-64 of the
Brewster zoning bylaw.
Documents :
02/29/ 16 Topographic Site Plan
02/07/ 17 Topographic Site Plan
• 11 /27/ 19 Planning Board Application with Memorandum in Support
• 11 /27/ 19 Letter from Patrick Sullivan
01 /03/20 Department Review Comments with attachment
• Special Permit and Site Plan Review Checklists
Patrick Sullivan of Lewis & Sullivan , P . C . , Stephanie Hoban of Strong Point Engineering and Chirag Patel were
present on behalf the Applicant. Sullivan referenced the letter submitted along with Brewster Botanicals application
regarding the Haven Center' s application and stated that he reviewed a previous Planning Board meeting where
the Board discussed the possibility of two retail licenses . Sullivan referenced a site plan for Lemon Tree Village
which received approval by the Planning Board on April 12 , 2017 . Hillis- Dineen asked whether the Applicant has a
security plan and Patel stated that the Police Chief agreed with the plan provided during staff review. Bennett
stated that the finalized security plan needs to be submitted as part of the Planning Board permitting process .
Hoban reviewed the site plan with the Board . Patel stated that a traffic study is underway and summarized the
Applicant' s business plan . Patel noted that the proposed hours of operation would be 10 am — 7 pm and would be
PB Minutes 01 /08/2020 Page 2 of 4
by appointment only to start. Patel expected there to be 40 appointments scheduled per hour in 15 minute
windows . Patel estimated that during peak hours without by appointment only in place he expected 52-55
customers per hour. Patel stated the Applicant would work with the Planning Board and the Police to decide when
to move to a full retail operation . Degen asked about parking and customer flow and Patel reviewed the parking
plan . Taylor requested narrative from the Applicant to include hours of operation . The Applicant will provide the
Board with their business plan , Wallace requested floor plans , a business plan , building layout plan , and a traffic
study . Chatelain asked the Applicant to address loitering and requested elevations and a lighting plan for the site .
Chatelain also asked for clarification on the number of parking spaces available to the Applicant. Hoffmann also
asked about parking and whether there was a shared parking agreement for all the businesses in Lemon Tree
Village , Patel stated that he has discussed parking with the landlord and requested 25-30 spaces . Bennett noted
that the parking analysis was from 2013-2014 and requested an updated analysis be provided . The Board
discussed employee parking . Patel stated that there would be 6-8 employees including security personnel and they
were accounted for in the parking spaces requested . Patel stated that currently there is a foundation in the ground
and the building will be constructed in that footprint. Bennett stated that a plan stamped by the engineer was
required . Sullivan mentioned that the Applicant also needs permits from the Historic District Committee.
The hearing was opened to public comment.
Bruce Hickey, 50 Sea Meadow Lane , expressed concern that what the Applicant presented at their community
outreach committee is different than what is being presented to the Board . Hickey noted that the building currently
proposed is much smaller than the building originally proposed , Hickey estimated that there would be 400
additional visitors per day , Hickey stated that most businesses In Lemon Tree Village closes at 6 pm and the
Applicant was looking to stay open later. Hickey also expressed concern about visitors who do not have an
appointment and loitering issues , Hickey referenced a site plan from 2016 which noted a Conservation
Commission restriction , The prior use is for retail and asked that town counsel opine as to whether the special
permit will need modification . Lastly, Hickey expressed concerned with security and would like to see feedback
from the police .
Fred Budreski , 157 Sheep Pond Drive , inquired about the status of the Nature ' s Alternative application and asked
for clarification on the number of retail licenses , Laughman responded that the zoning bylaw states that there is
one retail license with an exemption for the Haven Center to convert from medical to retail . The Haven Center is
not pursuing medical and therefore there is no conversion and only one permit under the zoning bylaw, if the first
retail application approved is not the Haven Center's application , they can come back as a medical dispensary and
convert to recreational retail . If Haven Center proceeds with medical marijuana a special permit will be needed .
Wallace summarized Laughman 's comment regarding the number of retail licenses available and stated that it was
not the intention of the Board to only have one retail license , Chatelain suggested a possible zoning bylaw revision
was needed , Hoffmann suggested the Board have a separate discussion on the matter outside of the pending
public hearing on Brewster Botanicals . Degen asked Laughman for clarification as to the Haven Center's
engagement in medical marijuana . Degen asked for clarification on the use map provided by the Applicant.
Motion by Chatelain to Continue the Public Hearing on SDecial Permit and Site Plan Review ADDlication #;`2019 -27
to February 12 , 2020 . Second by Wallace. Vote ; Chatelain - yes , Hoffmann - yes , Wallace - yes , Taylor - yes ,
Degen - yes , and Hillis-Dineen — yes . Vote : 6-0-0 ,
7 : 29 PM PLANNING DISCUSSION CONTINUED
Aoproval of Meetino Minutes ; December 11 . 2019 and December 18 , 2019 .
The Board reviewed the December 11 , 2019 meeting minutes . Motion by Degen to Approve December 11 , 2019
Meeting Minutes . Second by Wallace . Vote : Chatelain - yes , Hoffmann - yes , Wallace - yes , Taylor - yes , Degen -
yes , and Hillls-Dineen — yes . Vote : 6-0-0 .
The Board reviewed the December 18 , 2019 meeting minutes. Motion by Chatelain to Approve December 18 , 2019
Meeting Minutes , as amended . Second by Degen . Vote ; Chatelain - yes , Hoffmann - yes, Wallace " abstained
Taylor - abstained , Degen - yes , and Hillis -Dineen -- yes . Vote : 4-0 -2 .
PB Minutes 01 /08/2020 Page 3 of 4
7 : 34 PM PLANNING DISCUSSION CONTINUED
Uadate on Vision Plannina Committee by Peter Lombardi and Ben deRuvter,
Bennett announced that the Vision Planning Committee is looking for one more member from the Planning Board to join
Kari Hoffmann , Wallace expressed interest ,
7 : 36 PM TOPICS THE CHAIR DID NOT REASONABLY ANTICIPATE
Hillis Dineen asked the Board to review the 2019 Planning Board Annual report and be ready to discuss the report at the
next meeting , The Board discussed changing their meeting time for the remainder of 2020 to a 6 pm start.
Motion by Chatelain to Move Meeting Start Time to 6 pm . Second by Degen . Vote : Chatelain - yes , Hoffmann -
yes , Wallace - yes , Taylor an yes , Degen - yes , and Hillis -Dineen — yes . Vote : 6 -0 -0 .
Committee Reports .
Degen summarized a recent Select Board meeting and noted that the Select Board was looking for members to join the
Vision Planning Committee and the Community Center Committee ,
Wallace described the experience he had at the recreational marijuana facility in Wareham and mentioned parking ,
security , and the purchase process .
Chatelain attended the Cape Housing Institute wrap up which was well attended . Long term comprehensive planning was
discussed and he expected the Board would see more revisions to zoning as it relates to housing . Chatelain announced
an advanced training on zoning for open space which will take place on January 161h in Harwich from 5-7 pm .
Degen mentioned that tours of the schools and the Council on Aging are being offered to residents .
Motion by Wallace to adjourn , Second by Degen . Vote : Chatelain - yes , Hoffmann as yes , Wallace as yes , Taylor -
yes , Degen as yes , and Hillis -Dineen — yes . Vote : 6 -0 -0 . Meeting adjourned at 7 : 45 pm .
Next Planning Board Meeting Date : 01 /22/20
Respectfully submitted ,
a/,"d
Charlotte Degen , ClerIO
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