HomeMy Public PortalAboutPlanning Board Packet 05/12/21Application #2021-06 www.brewster-ma.gov Page 1 of 2
5/7/2021
Comments Received for Staff Review on March 10, 2021
Special Permit and Site Plan Review Application No. 2021-06
APPLICANT: Stephen Brown
MAP/LOT: Map 89, Lot 14
PROPERTY: 2620-2628 Main Street
ADDRESS:
Received from:
Administration Comments received from Peter Lombardi, Town Administrator
Town outdoor dining policies under COVID may be changing soon.
Liquor licensing for the wine garden required through Select Board.
Building Dept. Comments received from Victor Staley, Building Commissioner
(UPDATED 5/7/21)
The applicant is properly before the Planning Board for both a Site Plan Review pursuant to
Section 64-A & B and Special Permit pursuant to Table 1, Commercial, Item 34, Restaurant,
Limited Service and Section 51, which allows the Planning Board to act on behalf of the Board
of Appeals for a combined Site Plan Review and Special Permit.
I would suggest that a floor plan of the area under consideration be a part of this review and
that the parking situation is clarified in what was the last parking plan approved relative to what
is being proposed to accommodate the new proposed use of ice cream and wine service.
Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator
Any alteration within 100 feet of wetlands will need a permit from the Conservation
Commission.
While the placement of tables would not likely constitute an alteration, the wine shed may be
considered an alteration.
There are exemptions from permitting alterations with the Conservation Commission if those
activities fall under Normal Maintenance or Improvement of Land in Agricultural Use.
I am in contact with the NRCS of Cape Cod to clarify if the activities proposed (when
considered with the land’s Farm Plan), would constitute such an exemption.
It would also help in this regard if an updated site plan was submitted showing the activities in
relation to wetlands and their buffer zones (50 and 100 foot). This is particularly important as it
appears that for this newest version of the site plan the original drafter has not been involved in
the depiction of the new features.
Fire Dept. Comments received from Chief Robert Moran
FD requires additional information on internal roads/parking proposal to ensure access to
location.
FD requires additional information on proposed “barbeque fires”.
Will adequate safety access to the garden be provided?
If any open grills are proposed, they must be approved by the Fire Department.
No open burning permitted.
Brewster Planning Department
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
PB Minutes 04/28/21 Page 1 of 7
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 28, 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.
7:00 PM PUBLIC HEARINGS
Application #2021-03: On behalf of Eversource Energy, Kyle Barry will present the 2021 Eversource Energy Vegetation
Management Plan. In compliance with MGL Chapter 87, Section 14, the Planning Board and Tree Warden will hear the
proposal for selective tree pruning on electric circuits 4-89B-576, 4-89B-945, 4-89A-89A, and 4-89B-577. These circuits
include the following designated Scenic Roads: Millstone Road, Route 6A, Lower Road, Breakwater Road, Run Hill Road,
and Great Fields Road. Additionally, the potential for off-schedule hot spot pruning on all scenic roads may be necessary
as issues are identified.
Documents:
03/11/21 Planning Board Application with maps
04/23/21 Department Review Comments
04/27/21 Department Review Comments
Eversource Specifications for Local Distribution Line Clearance, Tree Work and Brush Control
Kyle Barry of Eversource Energy participated remotely on behalf of the Applicant. Patrick Ellis, Superintendent of the
Department of Public Works and Brewster Tree Warden also participated remotely.
Barry stated that the proposed project includes basic maintenance pruning around power lines on the roadside wire. It is
the practice of Eversource to remove branches 10’ to each side, 10’ below and 15’ above the primary wires. The primary
wires are the topmost wires on the pole with the highest voltage and it is critical to keep branches and trees away from
those wires. Barry stated that the pruning improves safety and service to customers and prevents outages. Barry stated
that two electrical circuits will be pruned in their entirety and they are 4-89B-945 and 489-B-576. Spot pruning will be
done in the other two circuits- 4-89A-89A, and 4-89B-577. Barry specifically noted pruning needed on Run Hill Road.
Millstone Road may require some pruning and removal due to an upcoming construction project. Barry stated that
Eversource maintains a four-year pruning cycle for all roads in town. Ellis stated that the proposal is for standard
maintenance trimming on trees that have been repeatedly pruned. The trees are largely located in front yards and
Eversource does a good job of notifying abutters. Ellis stated that typically the pruning involves difficult, invasive trees
underneath wires. Ellis stated that this pruning project can be described as normal trim work and does not have anything
to do with construction work proposed on Millstone Road. That work would be dealt with in a separate filing during a
separate hearing. Ellis supports the trim work necessary on these circuits. 9:28
Motion by Hillis-Dineen to Open the Public Hearing on Application #2021-03. Second by Degen. Vote: Degen-
aye; Hoffmann-aye; Barrett-aye; Bebrin-aye; Hillis-Dineen-aye: Taylor-aye; and Wallace-aye. Vote: 7-0-0.
Hoffmann read department review comments into the record.
Approved:
Vote:
PB Minutes 04/28/21 Page 2 of 7
Degen asked about the use of herbicides as there is a reference to herbicide use for stump treatments in the materials
Eversource submitted. Barry confirmed that Eversource does not use herbicides in Brewster or in eastern
Massachusetts.
Taylor asked if there are trees that need to be removed instead of being continuously pruned. Ellis stated that smaller
trees (1”-3”) are sometimes removed under the wires if they are not in good condition as their removal provides better
roadside appearance. Taylor asked if removal of larger trees in poor condition had been considered and Ellis responded
that most of those trees are on Main Street on private property or under the jurisdiction of the state and the town does not
have the authority to remove those trees. Barry stated that Eversource has worked with the Tree Warden in the past to
remove hazard trees.
Bebrin asked how long the tree pruning is expected to take and Barry responded that it could be a months long process
and they do their best to not clog main roads and cause traffic back-ups.
Taylor mentioned that nesting season was coming up and hoped that Eversource considered nests when pruning.
Hoffmann asked if any trees have been slated for removal. Barry stated that in the past trees have been removed and
Eversource has worked with the Tree Warden on replacement which does not necessarily happen in the same location.
Barry noted that some trees at the Council on Aging may need replacement. Hoffmann confirmed with Barry that this
project relates to tree trimming around wires on Millstone Road and is not related to any proposed construction on
Millstone Road.
Hillis-Dineen confirmed with Barry that there were no large trees slated for removal at this time. Barry stated that brush
may be removed but only pruning is planned at this time for larger trees.
Bill Henchy addressed the Board and pointed out a discrepancy between the application and documents submitted along
with the application relating to removal of trees. Barry responded and stated that Eversource is not looking to remove
trees of 16” dbh. Henchy requested that the Board include conditions in their decision that any removal of trees over 4”
dbh would require a separate hearing and that no herbicides would be used.
Irene Sturo of Howland Circle asked about Brewster’s tree planting policy. Ellis responded that Brewster is a challenge
when it comes to tree planting due to its narrow streets. Ellis recommends tree planting around public buildings, town
cemeteries, and town squares. Sturo asked for an estimate on the number of trees removed and planted each year in
Brewster. Ellis responded that there has been a lot of tree death due to pests, specifically among oaks. Sturo suggested
a tree planting incentive program for homeowners. Ellis stated that he was going to request help from Eversource on tree
plantings for Freeman’s Way where the town is currently working on a project to make the fields handicap accessible.
Lisa Magelaner, 770 Millstone Road, expressed concern as she has planted 18 pine trees in her front yard which appear
to be slated for removal with the proposed Millstone Road construction project. Hoffmann responded that the focus of
tonight’s hearing was not tree removal on Millstone Road but noted that Eversource does have a tree replanting policy.
Barry stated that the replanting policy is not a one for one policy but if trees needed to be removed along a scenic road,
replanting would most likely be done in a public space such as the Council on Aging. Ellis mentioned that the Select
Board is working on synthesizing the tree bylaws to create a Brewster Tree policy. Wallace suggested Magelaner reach
out to town staff regarding the trees in her front yard.
Bill Henchy stated that everything proposed to be removed in a scenic road hearing or public shade tree hearing is the
property of the town and the Board has the ability to condition the replanting as they see fit. Barry responded that
additional restrictions on tree removal will lead to continuous tree pruning which may not be what the Board wants to see.
Wallace stated that the Tree Warden and Eversource have an excellent working relationship and have worked well
together on tree replacement.
Motion by Hoffmann to Close the Public Hearing on Application #2021-03. Second by Degen. Vote: Degen-aye;
Hoffmann-aye; Barrett-aye; Bebrin-aye; Hillis-Dineen-aye: Taylor-aye; and Wallace-aye. Vote: 7-0-0.
Motion by Hoffmann to Approve Application #2021-03 with Conditions, as discussed. Second by Taylor. There
was discussion about the need for an additional hearing for removal of trees over 4” dbh. Vote: Ellis-aye; Degen-aye;
Hoffmann-aye; Barrett-aye; Bebrin-aye; Hillis-Dineen-aye: Taylor-aye; and Wallace-aye. Vote: 8-0-0.
PB Minutes 04/28/21 Page 3 of 7
7:55 PM PUBLIC HEARINGS CONTINUED
Special Permit and Site Plan Review (Waiver) Application #2021-04: Applicant: Amanda DeOliveira and Thomas
Downes. Owner: LTV Realty Trust II for property located at 1069 Main Street and shown on Assessor’s Map 37, Lot 62 in
the Village Business (V-B) zoning district. The Applicant proposes a change of use from an existing retail store to a
restaurant, limited service (ice cream shop) pursuant to §179-11, §179-51, §179-66, and §179-67 of the Brewster zoning
bylaw.
Documents:
02/07/17 Site Plan
02/17/17 Site Plan, revised 04/10/17, approved 04/12/17
02/04/20 Parking Exhibit
03/17/21 Planning Board Application with Agent Affidavit
03/17/21 Floor Plan
03/31/21 Staff Review Comments
Motion by Degen to Open the Public Hearing on Special Permit and Site Plan Review (Waiver) Application #2021-
04. Second by Barrett. Vote: Degen-aye; Hoffmann-aye; Barrett-aye; Bebrin-aye; Hillis-Dineen-aye: Taylor-aye;
and Wallace-aye. Vote: 7-0-0.
Amanda DeOliveira and Thomas Downes participated remotely. The Applicant explained they were seeking a special
permit to change the old jewelry repair shop into a soft serve ice cream shop.
Hoffmann read the staff review comments into the record.
Wallace asked the Applicant to describe the proposed improvements. The Applicant responded that there were no major
structural changes and no changes to the outside. The Applicant is installing two countertops, two cabinets and the
sinks required by the Health Department. Wallace asked the Applicant to describe the available parking. The Applicant
responded that parking was discussed during staff review and it was suggested that the parking plan from another
application be reviewed as it detailed all available parking at the site. Bennett stated that the Board could refer to the
parking plan submitted from a prior application to show that adequate parking is available to support this use and as
justification for the site plan review waiver.
Degen asked if the ice cream shop is proposed as a year-round business. The Applicant responded that she expected it
to be an eight-month operation.
Hoffmann asked if the Applicant was only seeking a waiver for parking and Wallace responded that he believes a waiver
of site plan review is being sought because no changes are being made to the site. Hoffmann asked for more
information on expected foot traffic. The Applicant stated that the shop will not offer inside seating, but the complex is
renovating the deck and stonework and will be providing benches near the ice cream shop. The Applicant plans to be
open from 3 pm- 9 pm. Most shops in Lemon Tree Village close at 4 pm or 5 pm so they will be one of the only shops
open. Hoffmann noted benches out front of the shop that are located behind wheel stops. Hoffmann asked about the
location of the sign and the Applicant responded that the sign would be located in the same spot as the previous shop’s
sign.
Motion by Degen to Close the Public Hearing on Special Permit and Site Plan Review (Waiver) Application
#2021-04. Second by Bebrin. Vote: Degen-aye; Hoffmann-aye; Barrett-aye; Bebrin-aye; Hillis-Dineen-aye:
Taylor-aye; and Wallace-aye. Vote: 7-0-0.
Hoffmann suggested using the Health and Fire Department comments received as conditions. Bennett responded that
those comments relate to routine permitting through the Health and Building Departments and are not necessary as
conditions.
Motion by Hillis-Dineen to Approve Waiver of Site Plan Review for Special Permit and Site Plan Review Waiver
Application #2021-04. Second by Degen. Vote: Taylor-aye; Hillis-Dineen-aye; Bebrin-aye; Barrett-aye;
Hoffmann-aye; Degen-aye; and Wallace-aye. Vote: 7-0-0.
Motion by Hoffmann to Approve the Special Permit for Special Permit and Site Plan Review Waiver Application
#2021-04. Second by Degen. Vote: Barrett-aye; Bebrin-aye; Hillis-Dineen-aye; Taylor-aye; Degen-aye; Hoffmann-
aye; and Wallace-aye. Vote: 7-0-0.
PB Minutes 04/28/21 Page 4 of 7
8:12 PM PUBLIC HEARINGS CONTINUED
Definitive Subdivision Application #2021-05: Applicant/Owner: Thoburn M. Stamm, Jr., Trustee. Representative:
Peter W. Soule, PLS of Soule Land Surveying for property located at 409 and 413 Great Fields Road and shown on
Assessor’s Map 46, Lot 34 in the Residential Rural (R-R) zoning district. Pursuant to the Town of Brewster Subdivision
Rules and Regulations Chapter 290, the Applicant submits a Definitive Subdivision Plan proposing to subdivide one (1)
lot of approximately 29.38 acres into four (4) lots. The Applicant seeks waivers from the General Requirements of
Subdivision Rules and Regulations Chapter 290-26.
Documents:
03/17/21 Planning Board Application
03/17/21 Letter from Peter Soule
03/17/21 Letter from Amy Henderson to Mary Chaffee
03/17/21 Subdivision Plan
04/23/21 Department Review Comments
04/27/21 Department Review Comments
Hoffmann stated that she is a member of the Brewster Conservation Trust. She spoke with the Lawyer of the Day at the
Ethics Commission and files a disclosure with the Town Clerk and believes she can make a decision on this application
fairly and objectively.
Motion by Hoffman to Open the Public Hearing on Definitive Subdivision Application #2021-05. Second by
Bebrin. Vote: Degen-aye; Hoffmann-aye; Barrett-aye; Bebrin-aye; Hillis-Dineen-aye: Taylor-aye; and Wallace-
aye. Vote: 7-0-0.
Peter Soule participated remotely on behalf of the Applicant along with the Applicant Thoburn Stamm, Jane Ditzel, and
Amy Henderson, Executive Director of the Brewster Conservation Trust.
Soule referred the Board to the subdivision plan submitted and noted that the property is a little under 30 acres and two
dwellings currently exist on the property. The property abuts Griffiths Pond. The proposal is to put each dwelling on its
own lot and create a paper road for frontage. The existing buildings are accessed by an adequate driveway coming off
Great Fields Road. Lots 3 and 4 on the plan will be conveyed to the Brewster Conservation Trust at no cost to the Trust.
Lot 1 may be conveyed to another party in the future and Lot 2 will remain with the current owner and upon her death Lot
2 will be conveyed to the Trust. This is a benefit to the Town of Brewster as the property abuts ponds and will be left as
open space in perpetuity. There will be no degradation to the water quality from this property in the future. The Applicant
is requesting a waiver from all road construction as adequate access exists to both dwellings. The Trust will go in and
maintain the trails but does not use heavy equipment, so access is adequate for their purpose.
Hoffmann read department review comments and letter from Amy Henderson into the record.
Degen asked the Applicant for clarification on how to access the property and Soule reviewed the plan with the Board.
Soule explained that Cannon Way is a proposed road that the Applicant is asking not to have to construct but it is
provided as a paper road for frontage purposes. Degen sought clarification on parcels on the property held in the name
of Jane Ditzel and Soule explained that there are some wetland parcels on the property owned by Jane Ditzel. Those
parcels are not part of the subdivision but will be conveyed to the Trust in a separate deed. Barrett confirmed with the
Applicant that waiver of road construction was being requested and the current driveway would serve a two-lot
subdivision. Barrett noted the Fire Department comments on the driveway. Soule reiterated that Lots 2 and 3 would be
held in a life estate for Jane Ditzel. Taylor expressed her appreciation to the Applicant for the donation of the land.
Bebrin asked if any work was proposed to the driveway given the Fire Department comments on the application. Soule
stated that the Applicant will work directly with the Fire Department as offered that there are certain areas that abut
wetlands that may need more consideration. Hoffmann also expressed her appreciation to the Applicant for the donation
of land to the Town and asked that the Fire Department comments be made conditions of the decision. Hoffmann stated
that the paper road may need to be developed in the future when Lot 1 is conveyed.
Motion by Hoffmann to Close the Public Hearing on Definitive Subdivision Application #2021-05, with
Conditions, as discussed. Second by Bebrin. Vote: Degen-aye; Hillis-Dineen-aye; Bebrin-aye; Hoffmann-aye;
Barrett-aye; Taylor-aye; and Wallace-aye. Vote: 7-0-0.
Wallace suggested a condition of subdivision approval would be maintaining the road as directed in the comments
provided by the Fire Department. Bennett suggested that access to Lot 1 and 2 be maintained at the 14’ x 14’ width as a
PB Minutes 04/28/21 Page 5 of 7
condition of the covenant. Soule asked if the condition could be amended to not provide a specific width but to be
approved by the Fire Department. Bennett responded that the Fire Department as minimum access standards in order for
their equipment to access the lots safely and the comments provided include the condition of a 14’ x 14’ cleared area for
access. Degen noted the Board recently reviewed a subdivision modification application with a narrower road which went
through a wetland. The Applicant used crushed stone on the sides of the road to support Fire Department access. The
Board further discussed conditioning approval based of Fire Department comments. Hoffmann also noted the Health
Department comments and suggested those be included as conditions in the decision. Bennett suggested that the
condition could be part of the covenant.
Motion by Hoffmann to Approve Request for Waivers on Definitive Subdivision Application #2021-05. Second by
Hillis-Dineen. Vote: Degen-aye; Hillis-Dineen-aye; Bebrin-aye; Hoffmann-aye; Barrett-aye; Taylor-aye; and
Wallace-aye. Vote: 7-0-0.
Motion by Hoffmann to Approve Definitive Subdivision Application #2021-05. Second by Degen. Vote: Taylor-
aye; Barrett-aye; Hoffmann-aye; Bebrin-aye; Hillis-Dineen-aye; Degen-aye; and Wallace-aye. Vote: 7-0-0.
8:49 PM PUBLIC HEARINGS CONTINUED
Modification of Special Permit #2060-P: Applicant/Owner: Ocean Edge Resort LLC. Representative: Thomas J.
Devane, Jr. for property located at 2907 Main Street and shown on Assessor’s Map 90, Lot 160 in the Residential Medium
Density (R-M) zoning district. Pursuant to §179-51 of the Brewster zoning bylaw, the Applicant requests a limited
extension of Special Permit #2060-P as amended on May 27, 2020 to allow for seasonal use of tents on the property from
May 14, 2021 through August 30, 2021.
Documents:
05/27/20 Special Permit #2060-P Amendment
05/27/20 Sketch of Land Showing the 2020 Proposed Two (2) Tents
03/19/21 Planning Board Application
04/13/21 Email from Greg Ohanesian
04/23/21 Department Review Comments
04/26/21 Letter from Jan Moore
04/27/21 Department Review Comments
Barrett recused herself from this application.
Motion by Hoffmann to Open the Public Hearing on Modification of Special Permit #2060-P. Second by Bebrin.
Vote: Bebrin-aye; Hillis-Dineen-aye; Degen-aye; Hoffmann-aye; Taylor-aye; and Wallace-aye. Vote: 6-0-0.
Thomas Devane participated remotely on behalf of the Applicant. Devane stated that the Applicant is requesting a limited
extension of the permit approved last year with the same conditions. The two tents approved last year were not erected
because COVID restrictions would not allow large events. The Applicant is requesting to use the two tents on the front
lawn from mid may to the end of August.
Hoffmann read the department review comments and correspondence from Greg Ohanesian and Jane Moore into the
record.
Degen asked about amplified music events and Devane responded that typical events include 4- hour weddings. There
are only two amplified music events allowed per week and no music after 10 pm. Devane stated that there were 3-4
smaller events that required the tent last year. Degen asked if there was a way the Applicant could mange the noise level
on their own. Devane stated that the Applicant is very conscious of the noise level and the last time Devane checked with
the Building Commissioner and Police Department there had been no complaints filed. Neighbors have been told to
contact the Building Department and Police Department with complaints.
Hillis-Dineen mentioned that there are devices that exist that measure decibel levels. Hillis-Dineen further stated that
people are entitled to enjoy their property and the Applicant should be monitoring the noise levels. Hillis-Dineen asked
how many events with amplified music are planned for this year. Devane stated that there have been complaints about
noise at Ocean Edge in which the Police have found the noise was coming from another property. Devane asked the
Board to consider that the Applicant has a lot of neighbors and the Board only received two complaints. Devane does not
know the number of events planned this year but can provide that information to the Board.
PB Minutes 04/28/21 Page 6 of 7
Hoffmann asked about other events planned for the front lawn. Devane responded and stated that the Applicant has
been approved to use shade sails on the front lawn this year as well as the tents by the HDC so they plan to have front
lawn events similar to last year. Bennett stated that the outdoor dining on the front lawn was approved by the Select
Board in conjunction with the Board of Health due to COVID restrictions. There may be new guidance soon that will
govern the food service aspect of the front lawn activities. Hoffmann stated that there was amplified music provided
during the front lawn activities last year. She asked how many additional amplified events were expected. Devane stated
that amplified events were planned for the tents as well as a two-person music group for the front lawn events.
Degen suggested the Applicant agree to a condition of approval that they will self-monitor the noise level on the property.
Devane stated that the Applicant is willing to self-monitor the noise as they do not want complaints. Wallace noted that
Brewster does have a noise ordinance and if residents have an issue, they should file a complaint with the Building
Department and the Police. Hillis-Dineen suggested the Applicant use a decibel meter to self-monitor the noise on the
property. Bebrin noted that the Building Department and Police Department provided comments on the application and
did not state that complaints have been filed. Wallace commented that the side of tents facing the neighbors could be
closed to help with noise. Hoffmann stated that previously the Board has put restrictions in place for amplified music
events especially when they take place in a residential zone. Hoffmann also noted that the Applicant is requesting use of
the tents for a shorter period this year. Hoffmann asked if the tents would still be needed if COVID restrictions were lifted.
Devane responded that the tents are still necessary are people are still not comfortable being inside.
Bennett clarified that the application before the Board relates to modification of a 2010 decision for front lawn tent use.
Other uses of the front lawn discussed are permitted through the Select Board and Board of Health due to COVID
restrictions.
The Board discussed conditions of the special permit. There would be a change to the dates the tents are in use. The cut
off time for music would remain at 10 pm. Devane noted that the tents would be smaller this year.
Taylor stated she is in support of this application and urges neighbors to call the police if the noise is a concern. She
asked that the Applicant agree to monitor the noise level. Devane stated that the Applicant is willing to monitor the
decibel level and report back to the Planning Department. Wallace asked if the Board should add a condition to record
the decibel level during events and report those numbers to the Planning Department. Bennett stated that the noise
ordinance does not regulate to a decibel level. The noise ordinance states that no noise should be plainly audible at a
distance of 150 feet from the building, dwelling, premises, shelter, boat or conveyance in which or from which it is
produced. Bennett suggested that a request to self-monitor noise is adequate. There is no enforcement avenue with the
recording of decibel levels. Degen suggested the Applicant agree to self-monitor events for noise. Hoffmann asked if the
noise ordinance could be referenced in the decision. Wallace suggested that the Applicant comply with the Brewster
noise ordinance. Devane stated that he did not believe that there was a house within 300 feet of the tents.
Motion by Hoffmann to Close the Public Hearing on Modification of Special Permit #2060-P with Findings and
Conditions, as discussed. Second by Degen. Vote: Taylor-aye; Hillis-Dineen-aye; Hoffmann-aye; Bebrin-aye;
Degen-aye; and Wallace-aye. Vote: 6-0-0.
Motion by Hoffmann to Approve Modification of Special Permit #2060-P. Second by Taylor. Vote: Bebrin-aye;
Degen-aye; Hoffmann-aye; Taylor-aye; Hillis-Dineen-aye; and Wallace-aye. Vote: 6-0-0.
9:30 PM PLANNING DISCUSSION
Vote to Approve Revised Planning Board Fees Summary.
Documents:
Revised Proposed Changes to Planning Board Fees Summary
Revised Proposed Changes to Town Code Chapter 290, Section 39 Fees
Select Board Policy on Waiver of Town Permit Fees
Degen asked about the filing fee listed for major residential development under (e.). There was discussion on the
language used in the fee description. Staff will further research and update the language. Bebrin asked if the Board
would consider creating a separate category of fees for subdivisions that were being created for open space. Taylor
noted that when the town purchases open space a subdivision plan has to be created so Bebrin’s proposal provides some
relief. Hoffmann stated concerns that this proposal may conflict with the Select Board waiver policy. It may also be hard
to define what constitutes a non-profit for purposes of assigning fees. Barrett stated that she believed the appropriate
place for relief from application fees is through the Select Board. Barrett suggested the Select Board be alerted to the
subdivision fees and the possibility of additional relief being helpful.
PB Minutes 04/28/21 Page 7 of 7
Motion by Hoffmann to Direct Staff to Communicate with the Select Board regarding Fees for Land Use
Applications Providing Open Space. Second by Bebrin. Vote: Barrett-aye; Degen-aye; Bebrin-aye; Hillis-Dineen-
aye; Hoffmann-aye; Taylor-aye; and Wallace-aye. Vote: 7-0-0.
Motion by Degen to Approve Planning Board Fee Summary and Direct Staff to Further Review Item E, Major
Residential Development. Second by Bebrin. Vote: Hillis-Dineen-aye; Taylor-aye; Barrett-aye; Hoffmann-aye;
Bebrin-aye; Degen-aye; and Wallace-aye. Vote: 7-0-0.
9:48 PM PLANNING DISCUSSION CONTINUED
Approval of Meeting Minutes: April 14, 2021.
The Board reviewed the April 14, 2021 meeting minutes. Motion by Degen to Approve April 14, 2021 Meeting
Minutes. Second by Bebrin. Vote: Degen-aye; Bebrin-aye; Hoffmann-aye; Taylor-aye; Barrett-aye; Hillis-Dineen-
aye; Taylor-aye; and Wallace-aye. Vote: 7-0-0.
9:50 PM FOR YOUR INFORMATION
Hoffmann read a letter dated April 19, 2021 from Denise and Jim Maddocks into the record.
Hoffmann requested that the Citizens Forum be added back to the agenda. There was further discussion on the Citizens
Forum agenda item.
The Planning Board will begin meeting at 6:30 pm starting at their next meeting on May 12th.
Motion by Hillis-Dineen to adjourn. Second by Bebrin. Vote: Hillis-Dineen-aye, Barrett-aye; Taylor-aye; Bebrin-
aye; Degen-aye; Hoffmann-aye; and Wallace-aye. Vote: 7-0-0. Meeting adjourned at 10:00 pm.
Next Planning Board Meeting Date: 05/12/21
Respectfully submitted,
__________________________________________
Lynn St. Cyr, Senior Department Assistant, Planning
Revised 04-28-21 www.brewster-ma.gov Page 1 of 2
Planning Board Fees Summary
Effective April 28, 2021
The Planning Board periodically reviews and adjusts the Planning Board Fees Summary, as
appropriate, based on costs and time demands. Adjustments to the Planning Board Fees
Summary are discussed and voted on by the Planning Board during a public meeting.
Please refer to Select Board Policy on Waiver of Town Permit Fees, amended December 21,
2020 for fee waiver requests.
Applications, Special Permits, Other Filing Fee
Approval Not Required plan $300
Preliminary Subdivision plan Up to 2 lots, $300
3 lots or greater, $300 per lot
Definitive Subdivision plan 2 lots, $500
3 or more lots, $3,500 plus $500 per
each additional buildable lot.
Multifamily residential development,
$3,500 plus $500 per unit.
Flexible Development $500 plus $200 per each lot
Site Plan Review:
a. Change of use or addition up to
1000 SF
$400
b. Addition over 1000 SF or a new
proposal (i.e. structure)
$1000 plus $100 per structure
c. Modification of Site Plan Review 50% of Original filing fee
d. Site Plan Review Waiver $50
Special Permits Hearing:
a. Special Permit Use-New $400
b. Cluster Subdivision $1,000 plus $100 per buildable lot
c. Dirt Road Access $500
d. Planned Residential Development $1,000 plus $100 per dwelling unit
e. Major Residential Development $1,000 plus $100 per lot/dwelling unit
f. Multifamily dwellings $1,000 plus $100 per dwelling unit
g. Sign Special Permit $100
h. Wind Energy Turbine Medium-Scale turbine, $100
Large-Scale turbine, $1,000
i. Sand & Gravel $100
j. Other (including Scenic Roads) $100
Early release from covenant per subdivision, per application $250
Covenant extension review and/or hearing $500
Modification hearing for special permits,
definitive subdivision plan or condominium
development
50% of original hearing fee
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
Revised 04-28-21 www.brewster-ma.gov Page 2 of 2
Applications, Special Permits, Other Filing Fee
Inspections: The road construction
inspection charge for grid subdivisions,
planned residential and cluster
developments, multifamily dwellings and
subsidized elderly housing is based on the
length of the roadways, measured along the
center line of the profile
$0.75 per foot of roadway and is
payable in full when the first inspection
is requested (inspection required at
each application for lot release request,
along with the engineers report). If the
project does not pass inspection, a
charge of $0.75 per foot of roadway is
payable for each additional inspection.
There is a minimum fee of $50 for any
inspection.
Road Maintenance bond formula $1.50 x 2 x the length
Other Fees:
Copy of the Brewster Zoning Bylaw $.05/page
Copy of the Subdivision Rules and Regulations $.05/page
Betterments/Road Repairs $200 per application
Road name change $200 per application
Informal review $50 per application
Abutter notification fee Included in filing fee
*Before an application can be scheduled on the Planning Board’s regular meeting agenda, a complete
application and corresponding plans along with the appropriate filing fee must be submitted to the
Planning Department prior to the filing deadline.