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HomeMy Public PortalAboutPlanning Board -- 2021-02-24 Minutes Brewster Planning Board Approved : 03/ 10/21 A�\V q O( SlDeq�F,�% 2198 Main Street Vote : 6 =0-1 Brewster, MA 02631 =1 898 o y (508) 896 -3701 x1133 brewplan@brewster-ma . gov ROOgpOPASBREWSTER PLANNING BOARD Ito \\ MEETING MINUTES Wednesday, February 24, 2021 at 7 : 00 pm Brewster Town Office Building (virtual ) Chair Paul Wallace convened a remote meeting of the Planning Board at 7 : 01 pm with the following members participating remotely : Amanda Bebrin , Charlotte Degen , Madalyn Hillis- Dineen , Kari Hoffmann , and Elizabeth Taylor. Roberta Barrett did not participate . Also participating remotely : Ryan Bennett, Town Planner and Lynn St. Cyr, Senior Department Assistant. The Chair read the Notification : This meeting will be conducted by remote participation pursuant to Governor Baker's March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (w ww. livestream. brewster-ma . gov, or Video recording (w ww. tv. brewster-ma. gov) The Planning Board Packet can be found at: http • //records brewster- magov/webiink/0/fol/ 118269/Row1 . aspx or by going to the Planning Department page on the Town of Brewster website (www . brewster-ma . gov) . Wallace declared that a quorum of the Planning Board was present . 7 : 03 PM PLANNING DISCUSSION Review and Vote on Entity Name Change Request for special Permit and Site Plan review Approval #2021 -01 . Applicant Distributed Solar Development LLC for property ocated at 1000 Freemans Way ( Captains Golf Course) . Documents . 02/23/21 Letter from Josh Burdett of Distributed Solar Operations , LLC Josh Burdett was present on behalf of the Applicant Distributed Solar Development , LLC (" DSD" ) . Hoffmann read a letter from Josh Burdett dated February 23 , 2021 into the record . Burdett stated that during a project funding review and in beginning the building permit process , it was brought to his attention by the DSD legal team that the site name needs to be referenced in the decision for funding purposes . Burdett requested that the Board issue a letter confirming that DSD , Freemans Way Solar Project 2019 , LLC or any successor entity approved by the Select Board may develop this project . Bennett stated that if the Board is in agreement with the request they could direct staff to draft the letter for the Chair' s signature . Hoffmann asked if the Planning Department had an opinion letter from Town Counsel for this request. Bennett responded that there is an emailed opinion from Town Counsel stating that this request can be handled administratively without having to modify the permit. There was further discussion on drafting of the letter and the Board agreed that it would be drafted by staff and signed by the Chair. Motion by Hoffmann to Direct Staff to Draft a Letter for Signature by the Planning Board Chair Approving the Entity Name Change Request from DSD Referenced in their February 23 , 2021 letter. Second by Hillis -Dineen . Vote : Taylor-aye ; Hillis -Dineen -aye ; Bebrin -aye ; Hoffmann -aye ; Degen -aye ; and Wallace-aye . Vote : 6 -0-0 . 7 : 11 PM PLANNING DISCUSSION CONTINUED Review and Discuss Draft 2020 Planning Board Annual Report. The Board reviewed the draft 2020 Annual Report. Motion by Degen to Accept the 2020 Annual Report, as drafted . Second by Hoffmann . Vote : Degen -aye , Taylor-aye , Hoffmann -aye, Hillis -Dineen -aye , Bebrin -aye , and Wallace" aye . Vote : 6-0 -0 . PB Minutes 02/24/21 Page 1 of 7 7 : 14 PM PLANNING DISCUSSION CONTINUED Approval of Meeting Minutes : January 13 , 2021 . The Board reviewed the January 13 , 2021 meeting minutes . Motion by Degen to Approve January 13 , 2021 Meeting Minutes . Second by Bebrin . Vote : Degen -aye , Hoffmann -aye , Bebrin -aye , Hillis -Dineen -aye , Taylor-aye , and Wallace -aye . Vote : 6 -0 -0 . 7 : 16 PM FOR YOUR INFORMATION Bennett stated that she expected the Board to begin work on a stormwater bylaw amendment over the summer and in preparation for Fall Town Meeting . Hoffmann asked about funding to support the stormwater bylaw amendment and Bennett responded that funding will be through the Select Board . Bennett noted that work on a floodplain bylaw will also be needed but a one year extension has been given by DCR so the Board will work on that bylaw after their work on the stormwater bylaw . Hoffmann stated that she recently participated in a workshop organized by the Lower Cape Housing Institute . Hoffmann noted that the workshop included a helpful discussion on form based design . Bennett mentioned that there are many workshops being offered now on the housing choice act recently adopted . Bennett will be attending such a workshop and will provide additional information to the Board and options for future workshops . The Board discussed housing on Cape Cod and the need for more affordable housing . Hillis-Dineen referenced the Millstone Road housing project. 7 : 27 PM PLANNING DISCUSSION Discussion with Vision Planning Committee regarding Vision Plan Building Blocks . Documents : • 2018 Brewster Vision Plan Building Block- Community Character • 2018 Brewster Vision Plan Building Block- Water Resources • 2018 Brewster Vision Plan Building Block- Local Economy • 2017 Summary Paper- Community Character • 2017 Summary Paper- Water Resources • 2017 Summary Paper- Local Economy • Stakeholder Outreach Vision Plan Implementation Progress Form Bennett stated that the Vision Planning Committee ("VPC' ) began meeting in September to document the progress of the 2018 Vision Plan and to develop a land use policy and targeted actions for use as part of a Local Comprehensive Plan (" LCP") . Brewster has not had a LCP since the 1970s , The Vision Plan is the first step in developing the LCP . Bennett stated that the Vision Plan helped inform the Town as to priorities , treasures , and challenges . The VPC is now in the process of tying the Vision Plan actions together with land use policies , zoning bylaw amendments , and other planning efforts by the Town including the Housing Production Plan , and Capital planning work by the Select Board , Finance Committee , and Capital Planning Committee , The VPC is beginning discussions with stakeholder groups on actions identified in the Vision Plan . Members of the VPC are participating in the Planning Board meeting as the Board was identified as a stakeholder for the building blocks of the Vision Plan related to community character, water resources , and local economy . Hoffmann , also a VPC member, joined VPC member Garran Peterson to ask the Board questions related to the community character building block . i Question 1 : Since the adoption of the Brewster Vision Plan in 2018 , has the Planning Board seen specific progress on the goals of the Vision Plan for Community Character? What specific actions have been taken or are in progress? Taylor responded that the look and feel of the Town is very important to who we are in Brewster and that is important to remember as we make zoning and other changes that the Town maintain that, specifically on our scenic roads and on Route 6a which is the first thing people see when they come in town and what they remember most. Degen responded that the Board embraces community character and brings it into their review of projects . She provided the example of the recent Wingate project where the developer and the Board worked together to strengthen the proposal j to better reflect the character of the Town . Degen further stated that the Board has not taken any legislative action but has an understanding of the community character which is considered in applying zoning standards . PB Minutes 02/24/21 Page 2 of 7 Hillis- Dineen stated that the Board considers community character in site plans they review. She also believes the Wingate project is a good example and referenced the Board ' s work with the developer to insure access to the bike path . She also referenced projects by Ocean Edge and Cumberland Farms that were reviewed by the Board . Hillis- Dineen stated that part of community character is being a good neighbor and being conscious of those around you which are considerations in projects reviewed by the Board as well . Bebrin referenced the ADU ( accessory dwelling unit) bylaw as an example of making necessary and appropriate changes to create more housing options without impacting community character or losing what is special about Brewster by putting up large buildings . Wallace agreed with the other Board members and stated that community character is an important consideration in development projects . Bennett directed the Board to Purpose 3 , Action 1 of the Vision Plan under Community Character and stated that the ACDU (accessory commercial dwelling unit) bylaw is an example of the Board ' s support for apartments above businesses referenced in the action item . Question 2 : What do you attribute to the successful implementation of specific goals and actions? For goals and actions that have seen less progress , what have been the barriers to implementation ? Degen stated that the pandemic has caused economic impacts and suppressed progress but the Town and Boards have been able to use technology to advance the work but it is still not moving as quickly as it was . This is an inhibiting factor to the groundwork . Taylor stated that the Planning Board had discussed a town center and Underpass Road was referenced as a possibility with zoning work to be done to include residential , business , and commercial uses . Taylor would like to see this proposal gain traction in the next few years . Question 3 : Since the adoption of the Vision Plan , has there been a shift in the priority of specific actions from the Vision Plan ? What kind of shift? Are there actions or items that were not in the Vision Plan but that should be included in a Local Comprehensive Plan to achieve the same or similar goals? Degen stated there has not been a lot of activity around cultivating a community center and wonders if that is still a priority given the growth in the past 1 '/2 years . She wondered whether satellite centers would be more appropriate and should be a consideration for the LCP . Wallace noted that these types of conversations would also be helpful once data has been collected and the Board can act on the data . Hillis- Dineen stated that Brewster is very geographically wide spread and a center of town is not the same for everyone . Hillis- Dineen stated that satellite centers may work well and mentioned Snowy Owl , Underpass Road , Lemon Tree Village , and Millstone Road/ Route 137 as possible satellite centers . Wallace stated that he believes there has been a shift in direction but he ' s not sure what direction and he hopes the VPC work can help identify that shift and make the appropriate changes while keeping community character intact . Question 4 : How have Climate Change considerations altered or been integrated in to what the Planning Board does ? To what extent should Climate Change related goals actions receive priority status in the Comprehensive Plan ' s targeted actions plan ? Hillis- Dineen stated that the Board often reviews bicycle and walking access to a particular site which relates to climate i change . Degen stated that in every review the Board pays attention to stormwater, they also look at and encourage alternative energy applications . The Town is walkable and the Board promotes walkability . Degen stated that the bike path is great but additional bikeways should be reviewed . PB Minutes 02/24/21 Page 3 of 7 Bebrin noted the solar applications that have recently been reviewed by the Board and the Board ' s consideration of community character in such applications . She wondered , moving forward , if the integration of alternative energy will become part of Brewster' s community character and what makes Brewster Brewster. Bennett noted that Planning Department staff and staff from other town departments have been working with the Cape Cod Commission on a model coastal development bylaw and once that bylaw is fully vetted it will be brought to the Planning Board for consideration as a bylaw amendment and it will be sensitive to climate change . Taylor referenced the Cape Cod Commission ' s Climate Change Action Plan and hoped that those actions would be considered in the Town 's planning for climate change . Taylor stated that she hopes the Planning Board could be stricter in reviewing the amount of energy used and where energy comes from in applications before them . Question 5 : Do you have specific recommendations for the Vision Planning Committee as they work toward Vision Plan implementation and development of the Local Comprehensive Plan for Brewster? Taylor stated that an important thing to remember is to maintain green space and also how important it is to the look and feel of the community . The salt marshes and beaches are part of the community character of Brewster and also need to be maintained . Taylor stated that climate change impacts the local economy and tourism . Taylor also stated that in planning it is important to engage the younger people in the community . Degen stated that she would encourage the Board to continue to try to define appropriate development as referenced in the Vision Plan . Wallace stated that it is important to engage the younger population in long term planning . He also stated that the building blocks all touch each other and it' s important to consider how they work together and impact each other. Hoffmann rejoined the Planning Board for the next discussion . Sue Searles and Andi Genser asked the Board questions related to the water resources building block . Question 1 : Since the adoption of the Brewster Vision Plan in 2018 , has the Planning Board seen specific progress on the goals of the Vision Plan for Water Resources ? What specific actions have been taken or are in progress ? Genser added that she would like to hear the Board ' s comments on which goals of the water resources building block fall in their purview . Wallace stated that the stormwater bylaw is one item in the Board ' s purview . Taylor stated that the Board restricts fertilizer use and considers landscape best practices in particular for properties near ponds . Taylor stated that phosphorus loading standards would be forthcoming and would fall within the Board ' s purview . Hillis- Dineen stated that people do not realize there are natural alternatives for fertilizers or even know about native plants . She would like the Town to consider educational programs on these topics for homeowners . Genser asked if the Board was aware of any such educational programs being offered through the Town . Searles responded that the Ponds Coalition promotes this type of work . Bennett responded that the Conservation Commission may be reviewing buffers around ponds and the VPC should speak to that committee as well . Wallace stated that the Natural Resources Advisory Committee may also be a group to contact. i Hoffmann stated that as a permitting Board water resources are always considered in the permitting process . The Board also relies on input from the Water Quality Review Committee ("WQRC ") for properties within Zone II well head protection areas . Hoffmann stated that the Board works with other entities in town and will at times condition their approvals upon approval of other entities such as the WQRC . Hoffmann also mentioned the Board ' s work with the Board of Health and guidance they provide on Planning Board applications . She also stated that the Board reviews applications carefully and inquires about the storage of fertilizers and other toxic materials , including generators which may contain toxic materials , to insure proper storage so that groundwater is not impacted . Degen stated that the Board was particularly challenged when working on the ADU bylaw for properties within Zone II and trying to balance the need for housing and the property rights of landowners while protecting a sensitive area . She stated PB Minutes 02/24/21 Page 4 of 7 more education should be provided to property owners and developers on the importance of the Zone II overlay and the necessary protections . Degen stated that the educational materials on town ponds and fresh water are fabulous . Question 2 : What do you attribute to the successful implementation of specific goals and actions? For goals and actions that have seen less progress , what have been the barriers to implementation ? Wallace stated the Brewster zoning bylaw governs what the Board can and cannot do . He believes those can both lead to successful implementation and sometimes impede implementation . Hoffmann stated that the Board has been successful in moving actions forward and she thinks that the work they will do on the stormwater bylaw will be successful . Hoffmann referenced a project that was before the Board in which the applicant did not disclose to the Board that there was toxic waste on site . She considers that a barrier to protecting water resources and hopes applicants and the Town can work together to make such disclosures in the future . Degen stated that the Board also reviews applications where disclosures are made and the process for doing that needs to be strengthened . Hoffmann responded that everybody needs to be held to the same standard . Taylor stated that more education surrounding the use of herbicides and pesticides would be helpful in protecting the quality of our water. Question 3 : Since the adoption of the Vision Plan , has there been a shift in the priority of specific actions from the Vision Plan ? What kind of shift? Are there actions or items that were not in the Vision Plan but that should be included in a Local Comprehensive Plan to achieve the same or similar goals ? Hoffmann stated that the Board is guided by the zoning bylaw and regulations and decisions have to be based on those but she has a heightened awareness of the priorities in the Vision Plan such as water resources , Wallace stated that he believes water quality has always been a priority and undergone detailed review by the Planning Board . He does not feel that has changed . Question 4 : How have Climate Change considerations altered or been integrated in to what the Planning Board does ? To what extent should Climate Change related goals actions receive priority status in the Comprehensive Plan ' s targeted actions plan ? Hoffmann stated that as the Board is seeing more and more solar applications , they have had to balance the desire for solar energy with water quality . An example is a recent solar application in which the Board required the applicant to provide a more detailed stormwater management plan to show that the project would not interfere with water quality . She also referenced clear cutting of lots to create space for solar projects and the need for the Board to consider how to balance that to insure water quality . Hoffmann suggested bylaw amendments may be needed to insure balance . Question 5 : Do you have specific recommendations for the Vision Planning Committee as they work toward Vision Plan implementation and development of the Local Comprehensive Plan for Brewster? Taylor stated that she believes the Board needs to be aware of the impact solar farms can have as they move forward and encourage solar on buildings instead of clearing cutting lots and creating brownfields , Degen offered that the Town may want to consider requiring green , sustainable practices in all development projects due to climate change . Bebrin stated that the Town also has to consider planning for worsening storms that create flooding issues and specifically impact existing septic systems . Bennett responded to Bebrin ' s comment stating that the stormwater bylaw will be a good first step to help in dealing with climate impacts and the bylaw can be tweaked overtime to deal with climate changes . Wallace , a VPC member, handed the duties of Chair over to Degen and joined VPC member Patricia Hess to ask the Board questions related to the local economy building block . PB Minutes 02/24/21 Page 5 of 7 Question 1 : Since the adoption of the Brewster Vision Plan in 2018 , has the Planning Board seen specific progress on the goals of the Vision Plan for Local Economy? What specific actions have been taken or are in progress ? Hoffmann stated that the Board enjoys helping to develop local economy and tries to nurture growth within the confines of their bylaws and regulations . She noted one local business that has become a " shining star" which came before the Board and the Board worked with the applicant to organize the site . The business is doing well and the employees have become leaders in the community . Bennett stated that the Board has continued to meet remotely during COVID , while other local towns have tolled applications , to help small businesses through the permitting process . Hillis- Dineen stated that small businesses are one of Brewster' s biggest assets and it is important for the Board to keep supporting them through the permitting process . Degen stated that some businesses , especially small businesses , do not have the resources to prepare applications on their own and town staff have assisted and encouraged them throughout the process . Degen stated that this is an asset that should be maintained . Question 2 : What do you attribute to the successful implementation of specific goals and actions ? For goals and actions that have seen less progress , what have been the barriers to implementation ? Hoffmann talked about the Board ' s site plan review process and consideration given to transportation . She noted that the Board looks at trip reduction , alternative transportation to work , and making bike racks available to employees and customers . Hoffmann further stated that zoning restrictions do act as a road block . She would like to see the Board focus more attention on mixed -use zoning to include residential and businesses uses and specifically noted difficulty when working on the ADU/ACDU bylaw . Hoffmann also suggested further work with the Chamber of Commerce on a historic business district . Bebrin suggested the Board review home occupations and how people are using their homes due to the pandemic . Bebrin thought those working remotely could be encouraged to establish their business in Brewster and the Board could help encourage home occupations by revisiting the bylaw to look at current restrictions . Hillis- Dineen stated that in order to promote year round employment there also needs to be year round housing available . Hillis- Dineen mentioned the difficulty in obtaining affordable housing in town and noted the Town ' s work to make affordable housing stock available . Hoffmann mentioned the Board ' s work with an applicant to establish work force housing for seasonal employees . The Board should encourage more applications for work force housing as this project has provided suitable housing for employees in dormitory style living spaces close to work. Taylor stated that she would like to see the Board work on zoning to allow living quarters above all businesses and encourage any new businesses to provide living quarters within their business . Wallace asked staff if projects came into the Planning Department that did not make it to the Board because they were restricted by the bylaw. Bennett responded and referenced the staff review process where applicants can present project proposals for feedback by Town staff. She mentioned that some projects do not make it beyond this stage of review because there are uses that are simply not recognized by the zoning bylaw. Bennett gave an example of a brewery as a use that was not recognized and could not move forward to Board review. She suggested a review and expansion of the zoning bylaw' s table of use regulations to allow for more modern uses . Question 3 : Since the adoption of the Vision Plan , has there been a shift in the priority of specific actions from the Vision Plan ? What kind of shift? Are there actions or items that were not in the Vision Plan but that should be included in a Local Comprehensive Plan to achieve the same or similar goals ? i Hoffmann stated there was frustration in not being able to help applicants move forward in the permitting process due to restrictions in the bylaw. Page 6 of 7 PB Minutes 02/24/21 Question 4 : How have Climate Change considerations altered or been integrated in to what the Planning Board does ? To what extent should Climate Change related goals actions receive priority status in the Comprehensive Plan ' s targeted actions plan ? Bennett stated that pedestrian and bicycle friendly streets support local economy . Wallace stated a big part of the local economy is the beaches and outdoor activities . He stated that the beaches and this sector of local economy need to be maintained and should not impede the local economy . Hoffmann stated that the Board ' s work on a stormwater bylaw will help protect the Town ' s natural resources . Taylor would like the Board to encourage local businesses to use electric cars and make charging stations available . Taylor stated that charging stations are expensive and she would like to see businesses share charging stations and the Town install stations as well . Question 5 : Do you have specific recommendations for the Vision Planning Committee as they work toward Vision Plan implementation and development of the Local Comprehensive Plan for Brewster? Hoffmann stated that the Vision Plan nicely laid out goals and actions especially as it related to the Board ' s work on zoning . She would like to see a historic business district establish . Hoffmann also stated that the Board should look at design options including form based design to make sure businesses are in line with the other building locks such as community character. Hoffmann would like to see the Board work on modifying zoning to streamline the process and make it less restrictive while balancing it with other building block considerations . Bebrin stated she would like to see work done to expand and modernize permitted uses . She would also like to see the permitting process become more streamlined and for residents to be educated on any new processes . Degen stated that she supported expanding uses and consideration needed to be given for new uses and consideration employed for future uses . Bennett responded that form based code is one tool the Board could use to handle new and future uses . The tool works so that the Board focuses on the design of the project not the use . Hoffmann suggested the Board provide the VPC with more information on form based code . Wallace stated that the Board would play a significant role in the ongoing vision process and LCP and that further discussion will be necessary . 8 : 52 PM PLANNING DISCUSSION Wallace resumed the duties of Chair. The Board discussed their upcoming meeting schedule , Motion by Degen to adjourn . Second by Bebrin . Vote : Degen -aye , Hoffmann -aye, Bebrin -aye , Hillis - Dineen -aye , Taylor-aye , and Wallace -aye . Vote : 6 -0 -0 . Meeting adjourned at 8 : 53 pm . Next Planning Board Meeting Date : 03/ 10/21 Respectfully submitted , P Lynn St. yr, Senior Deodrtment Assistant, Planning PB Minutes 02/24/21 Page 7 of 7