HomeMy Public PortalAboutPlanning Board -- 2020-02-12 Minutes rf �'•;� Brewster Planning Board Approved : 02-12-20
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Brewster, MA 02631 . 1898
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MEETING MINUTES
Wednesday, February 12, 2020 at 6 : 00 pm
Brewster Town Office Building
Chair Madalyn Hillis- Dineen convened the Planning Board meeting at 6 : 10 pm in the Brewster Town Office Building with
members : Ned Chatelain , Charlotte Degen , Elizabeth Taylor, and Paul Wallace present, Kari Hoffmann participated
remotely. Roberta Barrett was 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 : 10 PM CITIZEN 'S FORUM
No citizen comment.
Hillis-Dineen announced that Hoffmann was participating remotely due to geographic distance .
6 : 12 PM PUBLIC MEETINGS
Approval Not Reauired Application #2020-02 : Applicant/Owner: John Bradford & Kathleen June Galiney Living Trust.
Representative: John O ' Reilly , J . M . O' Reilly & Associates, Inc. for property located at 73 Brier Lane and Shown on
Assessor's Map 48 , Lot 7 in the residential Medium Density ( R-M ) zoning district.
Documents :
• 11 /24/80 Plan of Land
• 01 /30/20 Approval Not Required Plan
01 /31 /20 Approval Not Required Application with ownership information
• Approval Not Required Checklist
John M . O ' Reilly of JIM , O ' Reilly & Associates , Inc. was present on behalf of the Applicant, O' Reilly explained that the
subject property receives its frontage from Mallard Lane , Mallard Lane is not recognized by the Fire Department so the
property has a Brier Lane address , Mallard Lane was laid out in a subdivision plan in the late 1980s . The property
currently has a single family home and driveway . There is also a vegetated wetland in the center of the property . The
Applicant proposes to divide the one lot into two lots with each lot having sufficient frontage and lot area . The Applicant
has had discussions with the Fire Department regarding adequate access for emergency vehicles and an appropriate
turn-around area which are shown on the plan . Degen confirmed with O' Reilly that adequate access has been provided
for emergency vehicles . Bennett stated that the current T design turn -around is one that the Fire Chief has reviewed and
approved . O' Reilly stated that a portion of the existing driveway will be eliminated and a new driveway will be created ,
The work will need the approval of the Conservation Commission as it is within the 50' buffer to the wetland . O' Reilly
stated that the new house will also have a Brier Lane address . Wallace confirmed with O' Reilly that the driveway was
being widened to meet Fire Department standards , Hoffmann stated that she is not participating in this application due to
the Select Board remote participation policy .
Motion by Chatelain to Endorse Approval Not Reaulred Application #2020 -02 . Second by Wallace , Vote :
Chatelain as yes , Wallace - yes , Taylor - yes , Degen - yes , and Hillis -Dineen — yes . Vote : 5.0-0 .
6 : 19 PM PUBLIC MEETINGS CONTINUED
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 January 22 , 2020 . )
PB Minutes 02/12/2020 Page 1 of 4
Documents ;
• Draft Decision
• 01 -23 -20 Email from Benjamin Zehnder
• 02-03 -20 Site Design Plan
02 -03-20 Landscape and Lighting Site Plan
• 02-05-20 Traffic Impact Statement by Hayes Engineering , Inc .
• 02-05-20 Email from Jean Holm
• 02-07-20 Email from Elliott Jemison
• 02- 10-20 Email from David Reid
• 02- 11 -20 Email from Jean Holm
• 02- 11 -20 Email from Jay Olin
• 02 - 12-20 Email from Jeffrey Rosenbaum
Ben Zehnder of LaTanzi , Spaulding & Landreth and John M . O' Reilly of J . M . O' Reilly & Associates , Inc , were present on
behalf of the Applicant. Zehnder reviewed supplemental submissions the Applicant has filed including a revised traffic
impact statement prepared using the 2010 ITE manual and a revised site plan showing an additional light in the rear of the
building and emergency access from Southern Eagle Cartway Zehnder stated that an additional revision is needed to
remove a light pole from the access drive. A revised site plan will be submitted . Zehnder noted the draft proposal for a
soft opening provided . Zehnder stated he would like to discuss the opening plan further and get a sense of whether a
straight opening is appropriate for the off season with a soft opening in the summer season .
The Board reviewed and discussed the lighting and landscaping plan . Degen asked for clarification on the shrubs that
were being trimmed on the west side of the driveway. Zehnder stated that the shrubs would be trimmed back to the
property line . Zehnder confirmed that grass and one tree will be located on the property in that area . Hoffmann inquired
as to whether the beach plum shrubs in the access drive would be removed and Zehnder confirmed that they would be
removed . Wallace suggested a " no access" sign be added to the exit onto Southern Eagle Cartway . Zehnder clarified
that the Applicant has a legal right to access onto Southern Eagle Cartway but they do not plan to have public access to
the property on Southern Eagle Cartway unless MA DOT requires it. The access will to emergency vehicles only as
requested by the Fire Department. Zehnder confirmed that all fencing on the east side of the property will be removed
and that only emergency vehicle access would be allowed across Southern Eagle Cartway ,
The Board reviewed and discussed the site design plan . Hoffmann asked if the proposed entrance to the overflow
parking is allowed within such close proximity to the emergency access drive and Route 6A. Hoffmann also stated that
she believed the driveway in front of the concrete plant is actually a state road which the Applicant may not be able to use .
Zehnder responded that access to the auxiliary parking is through Southern Eagle Cartway and does not relate to the
road which Hoffmann referenced . Zehnder also stated that he is not aware of any regulations that would not allow parking
in close proximity to an emergency access drive .
The Board reviewed and discussed the draft decision . Bennett noted that the findings listed in the decision are based on
information provided with the application , The Board discussed revisions to finding 2a to include that employees will not
arrive or depart during peak am and pm travel hours . Zehnder suggested a revision to finding 2b to note that the Haven
Center would operate as an " initial " appointment only business . Both Zehnder and Chatelain believed the finding read as
though the appointment only business model was indefinite . Degen asked how drop in customers will be handled by the
Applicant, Zehnder stated that drop in customer will not be allowed to enter the building and that security will not allow
people to wait. The Board discussed a finding that drop in customers will not be provided service during the soft opening
period . Hoffmann inquired about finding 3 and what happens if numbers do not decrease from estimated 500-600
customers per day to 100- 150 customers per day as indicated in the Traffic Impact Statement. Bennett stated that the
estimates are not binding . Zehnder stated that the site has been designed to meet the requirements of servicing 500 -600
customers per day . The Board discussed the hours of operation . Zehnder proposed hours of operation of 9 am — 10 pm .
Wallace stated that later operating hours may spread traffic throughout the day. Hoffmann suggested using the Select
Board liquor store hours policy as the standard , Chatelain stated he would eliminate the finding regarding hours of
operation , Taylor suggested a condition be included on hours of operation , Zehnder proposed hours of operation of 9a —
10pm , 7 days per week. Hoffmann referenced local liquor store hours and suggested those hours of operation be used .
Chatelain stated that the Board should consider traffic when setting hours of operation and therefore allow for both
weekend days to be open for sales . Degen agreed with extended weekend hours and suggested hours of Monday-
Thursday from 9am - 9pm . Zehnder noted that the Planning Board is not the licensing board and the Cannabis Control
Commission will decide hours of operation . Hoffmann referenced the state standard and suggested the Board mirror that
standard for hours of operation . Chatelain responded that as with security, if there is a state standard for hours of
PB Minutes 02/12/2020 Page 2 of 4
operation , the state should enforce it. The Board decided to remove the finding regarding hours of operation from the
draft decision . Degen suggested that finding 5 be revised to state that the drive provided on Southern Eagle Cartway is
for emergency vehicle use only . Zehnder stated that in regards to finding 8 , the Applicant has received approval from the
Old Kings Highway Historic District Committee ( NDC) and he will provide a copy of the approval . Hoffmann asked about
changes made that would impact the approval and Zehnder stated that no changes were made to the building that would
affect the approval .
The Board reviewed the conditions in the draft decision . There was discussion on condition 3 . Chatelain suggested a
review after 30 days with a tapered schedule for full opening of days . Taylor stated that the Chief of Police should make
the decision on traffic details but the Planning Board should decide the appointment only arrangement. Taylor stated that
she would like to see a review done after the summer season and not wait for a one year review. Zehnder stated that he
does not believe the Applicant will open before Memorial Day . Taylor stated that an appointment only operation should be
in place for the initial opening no matter what season it opens, Zehnder suggested a condition that the Applicant apply to
the Planning Board to alter or reduce the soft opening schedule following 45 days of operation but would return to a soft
opening schedule for a full summer season . The Board discussed the definition of a summer season . it was decided that
a summer season be defined as June 21 — September 21 . Chatelain stated that he wants to make sure that it is clear that
the Applicant does not have to appear before the Board for review indefinitely . Chatelain asked if the Chief of Police is
comfortable with the responsibility conferred on him in the decision and Bennett confirmed that she discussed the decision
with the Police Chief and he is comfortable . Zehnder stated the he would like the Board to decide on an end date for
appointment only sales , Bennett stated that there is not enough information to decide on a hard end date for soft opening
sales at this time. The Board further discussed the review process . Zehnder asked that the language be clarified to state
that during the summer season of the first year of operation , a soft opening model will be used . Hoffmann suggested that
a one year review be set for the Applicant to return to the Board . Bennett stated that the Board did not have enough
information to set a date for a one year review if a 45 day review was going to take place . Zehnder expressed concern
over the operation of the business if the Board was given the authority to return the business to appoint only sales
indefinitely . The Board further discussed a potential review process for moving from appointment only sales . Bennett
suggested potential conditions including that after 45 days of operation , the Applicant can petition to move from
appointment only and also that appointment only sales will happen for the summer season for the first year of operation .
The Board discussed condition 4 regarding trash service and restricting service to daylight to minimize impacts to
adjacent properties not just the animal shelter. Taylor confirmed that there would be no condition regarding hours of
operation and that a condition would be included regarding emergency vehicle access signage .
Hillis-Dineen stated that the Board has received additional written public comment which is available for review as part of
the record . Hillis-Dineen stated that the Planning Board cannot require MA DOT to do a traffic study as part of the curb
cut permitting process . She also stated that a site plan review application was before the Board not a special permit
application and the Board was deciding on conditions for the operation of that business not whether the business can
exist. The Chair invited members of the public to provide comment.
Meredith Pearson , 17 Widgeon Way, expressed concern for bicyclists and pedestrians as a result of the traffic as well as
quality of life issues in the surrounding community . Pearson stated she hoped residents would be able to provide
feedback during future Haven Center reviews ,
The Applicant will provide an amended site plan removing the light pole and shrubs from the driveway.
Motion by Chatelain to Approve Site Plan Review Aoolicatlon #2019 -21 , with Conditions as discussed and
amended . Second by Degen . There was discussion about an additional traffic study and monthly review with the
Police Chief, Vote : Chatelain " yes , Wallace - yes , Taylor - yes , Degen as yes , Hoffmann - yes , and Hillis-Dineen —
yes . Votes 6-0-0 .
Motion by Chatelain to Continue Site Plan Review Aoolication #2019 -21 to February 26 , 2020 to Review Written
Decision . Second by Degen . Vote : Chatelain - yes , Wallace - yes , Taylor - yes , Degen as yes , Hoffmann - yes , and
Hillis -Dineen now yes . Vote : 6 -0 -0 .
8 : 12 PM PUBLIC HEARING
CONTINUED Soecial Permit and Site Plan Review Aoolicatlon #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
PB Minutes 02/12/2020 Page 3 of 4
Applicant proposes to establish a retail Recreational Marijuana Establishment pursuant to § 179- 11 , § 179-38 . 2 , § 179-51 ,
and § 179-64 of the Brewster zoning bylaw. (Continued from January 8 , 2020 . )
Documents ,
• 02- 17 - 17 Topographic Site Pian
• 09-23 - 19 Brewster Botanicals , LLC HCA Proposal for Town of Brewster
• 12- 16 - 19 Traffic Assessment Memorandum
• 02-04-20 Parking Exhibit Plan
02-04-20 Memorandum from Eric Dias
• Proposed renderings of building ( internal and external)
Patrick Sullivan of Lewis & Sullivan , P . C . , Saumil Patel , Principal of Brewster Botanicals , LLC , and Eric Dias of Strong
Point Engineering were present on behalf the Applicant . Sullivan asked the Board their opinion on the number of retail
recreational marijuana establishments allowed under the current bylaw. Hillis-Dineen stated that per Town Counsel's
opinion , one retail store would be allowed and since the Haven Center application has been approved , the Planning Board
could not approve any additional retail applications . Bennett stated that it is Town Counsel' s opinion that once the Haven
Center receives its building permit, the one retail recreational marijuana establishment in Brewster will be secured .
Motion by Chatelain to Take a Brief Recess . Second by Wallace , Vote : Chatelain — yes , Wallace — yes , Taylor —
yes , Degen — yes , and Hillis -Dineen — yes . Vote : 5-0-0. Recess taken at 8 : 17 pm . Meeting resumed at 8 : 21 pm .
Sullivan stated that the Applicant wished to withdraw their application without prejudice .
Motion by Degen to Accept Request to Withdraw Without Prejudice on Sr)ecial Permit and Site Plan Review
Application #2019 -27 . Second by Wallace . Vote : Chatelain - yes , Wallace as yes , Taylor - yes , Degen as yes ,
Hoffmann - yes , and Hillis -Dineen — yes . Vote : 6-0-0 .
8 : 22 PM PLANNING DISCUSSION
Approval of Meeting Minutes: January 22 , 2020 .
The Board reviewed the January 22 , 2020 meeting minutes . Motion by Wallace to Approve January 22 , 2020 Meeting
Minutes, as amended . Second by Chatelain . Vote : Chatelain - yes , Wallace - yes , Taylor - yes , Degen - yes ,
Hoffmann — yes , and Hillis -Dineen — yes , Vote : 6-0-0.
8 : 27 PM TOPICS THE CHAIR DID NOT REASONABLY ANTICIPATE
The Board was provided a copy of the Select Board 's policy on remote participation . Bennett stated that the policy stated
that board member cannot participate in more than two consecutive meetings remotely . Bennett asked the Select Board
for clarification as applications submitted to the Planning Board can take longer than two meetings to review and the
policy as written would have rendered Hoffmann ineligible to participate in the Planning Board meeting tonight. The
Select Board decided that it was appropriate to have Hoffmann participate in continued applications . The Select Board
will discuss their remote participation policy further at their February 24th meeting .
Hillis- Dineen announced that a community engagement session on the proposed Millstone Road housing project will take
place on March 3rd . Wallace announced that he will be participating in the Vision Planning Committee . Degen noted that
the Select Board has been meeting with the Charter Committee to work on the town charter.
Motion by Taylor to adjourn . Second by Hoffmann Vote : Chatelain - yes , Wallace - yes , Taylor - yes , Degen - yes ,
Hoffmann — yes , and Hillis-Dineen — yes . Vote : 6-0 -0 . Meeting adjourned at 8 : 32 pm .
Next Planning Board Meeting Date : 02/26/20
Respectfully submitted ,
, AA
Lynn t. Cyr, PlanninDepartment Assistant
PB Minutes 02/12/2020 Page 4 of 4