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Home My Public Portal AboutPlanning Board -- 2019-12-11 Minutes Brewster Planning Board Approved : 01 /08/20 � RFws � 2198 Main Street „ o�` of ELOEtl��,�F,p Vote : 6 -0-0 Brewster, MA 02631 =1898 o (508 ) 896 =3701 x1133 �\ brewplan@brewster-ma . gov RPS Ort SE S\\` �� BREW$TER PLANNING BOARD MEETING MINUTES Wednesday , December 11 , 2019 at 6 : 00 pm Brewster Town Office Building 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 : 740 0 . Motion by Degen to Direct Staff to Prepare Final Decision and Covenant on Definitive Subdivision Plan Application #2019-18 . Second by Wallace . Vote : 74 -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 . 21 § 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 . 0400100001 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 . Vote : 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 E-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 : 7 -0 -0 6 : 32 PM PLANNING DISCUSSION Approval of Meetina Minutes : November 13 , 2019.. 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 8'h 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 i PB Minutes 12/11 /2019 Page 3 of 3