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Home My Public Portal AboutPlanning Board Packet 04/28/21Revised 04-2019 Planning Board Agent Affidavit Page 1 of 1 AGENT AFFIDAVIT Name of Owner: ______LTV Realty Trust II_______________________ Phone: 508-896-3065 Address (mailing): 1069 Main Street, Brewster, MA 02631 Address of Property: 1069 Main Street, #6, Brewster, MA 02631 Map __37______ Lot __62 __ Application #: 2021-04 Proposal: Change of use from an existing retail store to a restaurant, limited service (ice cream shop). I testify that I have granted authority to: Amanda De Oliveira and Thomas Downes__ to act as agent for me and the property for which I/We own noted above as it relates to the above referenced application. Agent Name: Amanda De Oliveira and Thomas Downes Phone: 508-237-3931/508-221-2748 _____ Company Name: Address: 848 Great Fields Road, Brewster, MA 02631_ I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Signature of Owner Date: Brewster Planning Department 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov PB Minutes 04/14/21 Page 1 of 2 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, April 14, 2021 at 7:00 pm Brewster Town Office Building (virtual) Chair Paul Wallace convened a remote meeting of the Planning Board at 7:00 pm with the following members participating remotely: Roberta Barrett, Amanda Bebrin, Charlotte Degen, Madalyn Hillis-Dineen, Kari Hoffmann, and Elizabeth Taylor. 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 (www.livestream.brewster-ma.gov, or Video recording (www.tv.brewster-ma.gov) The Planning Board Packet can be found at: http://records.brewster-ma.gov/weblink/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 Preliminary Review of Stormwater Bylaw Schedule. Bennett presented information on bylaws the Board would be working on in preparation for Fall Town Meeting including a stormwater bylaw, amendments to the floodplain district, and clarification of nitrogen loading standards under the Water Quality Protection District. Bennett proposed working sessions of the Board to take place on June 9th and July 14th with public hearings to take place in August or possibly September. Taylor asked the Board to consider adding the Herring River watershed to the Water Quality Protection District. Wallace noted that some of the bylaw amendments were required by the state and asked what would happen if the amendments were not approved at Town Meeting. Bennett stated that the stormwater bylaw will fall under the state’s MS4 permitting and if towns are not in compliance with MS4, they can be fined. The Board discussed the need for approval of zoning bylaws by a 2/3s vote. Hoffmann stated that public education would be needed for these bylaw amendments. Bennett stated that public outreach sessions would take place closer to the public hearing date. Review and Discuss Planning Board Fees Summary. Documents:  Proposed Changes to Planning Board Fees Summary  Proposed Changes to Town Code Chapter 290, Section 39 Fees St. Cyr directed the Board to proposed changes to Section 290-39 of the Subdivision Rules and Regulations. She proposed removing the fee schedule included in this section and adding a reference in this section to the Planning Board Fees Summary where current fees could be found. St. Cyr stated that over the years the Board has reviewed and revised the fees summary, but the summary of fees included in the Town Code is outdated. The Board reviewed proposed changes to the Planning Board Fees Summary. St. Cyr stated that a fee for Modification of Site Plan Review was added. The modification fee would be 50% of the original filing fee similar to the fee for modification of special permits. Additionally, a new fee for special permits “Special Permit Use-New” of $400 was proposed. This fee was established as a $400 filing fee in consideration of the change of use fee under Site Plan Review. This fee is proposed for applications that are looking to establish a new use and are required to obtain a special permit. These may be applications that do not require a site plan review. It was proposed to remove “Subsidized Elderly Housing” from the “Multifamily dwellings” special permit category. St. Cyr stated that an “Other” category was being proposed under special permits with a filing fee of $100 and would include applications such as Scenic Road hearings. St. Cyr proposed that the fee for Zoning Bylaw books and Subdivision Rules and Regulation books be removed at $25 and $10 respectively as the Planning Department currently provides copies of the bylaws for $.05 per page. The abutter Approved: Vote: PB Minutes 04/14/21 Page 2 of 2 notification fee is currently an additional $3.50 per abutter and it was proposed the fee be included in the filing fee currently listed. Degen asked for clarification on the abutter notification fee. St. Cyr responded that the proposal is for there to be no additional fee charged to notify the abutters and that applicants will be charged only a filing fee. Abutter notifications are sent out by first class mail. There was discussion on the proposed fee of $.05 per page for copies of the bylaw. The fee is assessed pursuant to what is allowed under the public records request law. Hillis-Dineen sought clarification on the abutter notification fees and whether the filing fees for certain applications would cover the costs of notifying abutters. It was noted that applications such as Site Plan Review Waiver at $50 and Approval Not Required at $300 do not require abutter notification. Hoffmann asked if the Board should consider adding research fees for time spent by staff on requests made to the Planning Department. St. Cyr responded that requests that take longer than 30 minutes are typically handled via a public records request through the Town Clerk’s office. Hoffmann asked staff to speak to the work behind administering an application. Bennett provided a summary that included coordinating department review and comments on the application, preparing legal advertisements and abutter notifications, responding to requests from the public on applications and compiling public comment. Bennett directed the Board to the subdivision fees on the fee summary and noted the fee for a subdivision of three lots or more can be significant. She referenced recent subdivisions that have come before the Board in which the applicant was seeking to subdivide to create open space. St. Cyr stated that the subdivision fees receive the most questions in the Planning Department. Based on research, she believes these fees have been in effect since 2006 at which time the fee for a three-lot subdivision was proposed at $5,000. Hoffmann requested additional information on the Select Board’s policy on fee waivers. A copy of the policy will be provided to the Board for the next meeting. Barrett stated that she appreciated the work on the fee schedule and the note requiring applicants to provide complete applications. Barrett suggested future review of the Board’s application checklists as well. She noted the difference in the quality of applications provided. Bennett stated that staff could work on proposed updates to the Board’s checklist for discussion at a future meeting. She did state a need for some flexibility with filing requirements based on application type and relief sought. Degen suggested both the fee summary and regulations be revised to include a statement that fees are periodically reviewed and revised by the Board based on current records. Any revisions to Planning Board fees are discussed and voted on at a public meeting. The revisions to Section 290-39 of the Town Code will need to be approved through Town Meeting. The Board asked staff to prepare revisions, as discussed, and provide a second draft. Wallace suggested a note be added regarding fee waivers citing to the Select Board’s policy on fee waivers. Approval of Meeting Minutes: March 10, 2021. The Board reviewed the March 10, 2021 meeting minutes. Motion by Degen to Approve March 10, 2021 Meeting Minutes, as amended. Second by Hillis-Dineen. Vote: Degen-aye; Hoffmann-aye; Barrett-aye; Bebrin-aye; Hillis- Dineen-aye; Taylor-aye; and Wallace-aye. Vote: 7-0-0. 7:43 PM FOR YOUR INFORMATION Hoffmann gave an update on the work of the Vision Planning Committee including interviews taking place with stakeholders identified in the visioning process. Wallace commented that he is working on the housing building block and is impressed with the housing work the town has done since the inception of the vision plan. The Planning Board will be involved in zoning amendments proposed as a result of the visioning work. Bebrin mentioned a joint meeting of the Select Board and MA Housing Partnership in which she participated. It was a very informative meeting that dealt with local preference and housing. Motion by Hoffmann to adjourn. Second by Taylor. Vote: Taylor-aye, Hillis-Dineen-aye, Bebrin-aye; Barrett-aye; Hoffmann-aye; Degen-aye; and Wallace-aye. Vote: 7-0-0. Meeting adjourned at 7:52 pm. Next Planning Board Meeting Date: 04/28/21 Respectfully submitted, __________________________________________ Lynn St. Cyr, Senior Department Assistant, Planning