HomeMy Public PortalAboutPlanning Board Packet 05/26/21Law Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dennisport, Massachusetts 02639
Andrew L. Singer Tel: (508) 398-2221
Marian S. Rose Fax: (508) 398-1568
_____ www.singer-law.com
Myer R. Singer (1938-2020)
May 14, 2021
Via E-Mail
Brewster Planning Board
2198 Main Street
Brewster, MA 02631
Re: 873 Harwich Road, Brewster
Site Plan Review Decision #2020-13
Dear Members of the Board,
I am writing to request a minor modification to the site plan approval issued in the above case.
Attached is a revised site plan set showing the following revisions:
1. The number of units has been reduced to 132 (comprising 88 studios and 44 one-bedrooms),
and the number of parking spaces has correspondingly been reduced to 178. These changes
were previously reviewed with the Building Commissioner as field changes;
2. At the front north end of the developed area, the dumpster enclosure has been relocated and
the parking area adjusted accordingly;
3. At the rear of the Property, a new chiller pad has been added, the paving has been
reconfigured, and the second dumpster enclosure has been relocated; and
4. The previously-proposed new path for connection to the Cape Cod Rail Trail has been
eliminated, and the existing stairs to the existing path to the Rail Trail are to be retained, and
the bike rack pad has been redesigned. The reason for this change is that the construction
budget to upgrade and rehabilitate the existing building to meet the quality demanded for the
residential living more than doubled from approximately Four Million Dollars to north of
Eight Million Dollars. As a result, the $100,000 required to extensively cut into the rear hill
and grade a new path up to the property line, combined with ambiguity about ultimately being
able to obtain permission from the Commonwealth to further cross its land to reach the paved
Rail Trail, is a challenge to the budget. The goal with this last proposed change is to maintain
the high quality for the residents while keeping the economics somewhat more in line.
Thank you for your consideration of the Applicants’ modification proposal.
Very truly yours,
Andrew L. Singer
ALS/a Andrew L. Singer
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BCBBCBBCBPROPOSEDCONCRETEBOLLARDSEXISTING STORMWATERLEACHING SYSTEM 14' x 12'CHILLERPAD15'±12'±BCBPROPOSED DUMPSTERPAD AND ENCLOSURETO REPLACE EXISTINGPROPOSED STRIPEDAREA FOR DUMPSTERACCESSPROPOSEDWHEEL STOP(TYP)REPAIR/REPLACE BROKENAND DAMAGED BITCONCRETE BERM (TYP)6' WIDE NEW CONCRETE SIDEWALK(FINISH TO MATCH EXISTING SIDEWALK)SAWCUT EXISTINGPAVEMENT, REPAIRAND RESET RISERSAND COVERS ANDPATCH PAVEMENT4" WIDE WHITEPARKINGSTRIPE (TYP)8'8'8'RELOCATEDACCESSIBLESPACESREPAIR ORREPLACEDAMAGEDSECTIONS OFEXISTINGGUARDRAILEDGE OF WETLANDREV #3REV #3ACCESSIBLE PARKING SIGNS(VAN ACCESSIBLE)16'±REV #3REV #3REV #3REV #3REMOVEEXISTINGSHEDCONRETESTAIRSTOREMAINPROPOSEDPATIO TOREPLACEEXISITINGTO BEREMOVEDREFERENCE:Coastal Engineering Co., Inc. c 2020PROJECT NO.DRAWN BYDRAWING FILECHECKED BYDATEPROJECTSCALESHEET TITLESEALDATENO. REVISIONBYKEY MAPNO SCALEBREWSTER, MAPLANELEVATIONS SHOWN HEREON AREBASED ON THE NORTH AMERICANVERTICAL DATUM OF 1988 (NAVD 1988)DATUM:F:\SDSKPROJ\C19000\C19440\C19440-00\C19440-C.dwg 5/10/2021 4:33 PM1 inch = 50 ft.50 25 0 50 150SERENITY APARTMENTS AT BREWSTER873 HARWICH ROAD (RTE. 124) BREWSTER, MAC19440.00OVERVIEW SITE PLANC2.1.0AS NOTED7/29/2020C19440-C.dwgDAP/CEMDJM1 10/8/2020ADJUST PROPOSED PARKING STRIPING ON SOUTH SIDE OF BUILDING TO PROVIDECEM2 10/21/2020ADD PROPOSED LOADING AREA, DUMPSTER PAD, BIKE RACK PAD, AND PAVED PATH TOCEMMASS. COORD. SYSTEM NAD 1983 MAINLAND ZONEZONING COMPLIANCE TABLEZONING DISTRICT: R-L RESIDENTIAL LOW DENSITYSUBJECTMINIMUM LOT AREAMINIMUM YARD DIMENSIONS - FRONTMINIMUM YARD DIMENSIONS - SIDE (NORTH)MINIMUM YARD DIMENSIONS - REARMAXIMUM BUILDING HEIGHT433,768± S.F.REQUIREDEXISTING60,000 S.F.25 FT.30 FT.MINIMUM FRONTAGE150 FT.29.6± FT.618.4± FT.26.3± FT.35.4± FT.PROPOSEDPARKING SETBACK FROM STREET [179-23A.(I)]15 FT.3± FT.40 FT.25 FT.MAXIMUM BUILDING COVERAGE20% (86,754± S.F.)14.4% (62,560± S.F.)NO CHANGENO CHANGEMINIMUM YARD DIMENSIONS - SIDE (SOUTH) 25 FT.91.9± FT.NO CHANGE1,066.1± FT75.7± FT.NO CHANGENO CHANGENO CHANGENO CHANGE14.3% (61,931± S.F.)ELEVATION FINANCIAL GROUP, LLC201 E PINE STREET, SUITE 200ORLANDO, FL 32801APPLICANT:LOT AREA = 433,768± S.F.WETLAND AREA = 21,575± S.F.UPLAND AREA = 412,193± S.F.COVERAGE CALCULATIONS:BUILDING COVERAGE = 61,931± S.F.PAVEMENT, SIDEWALKS, AND OTHERIMPERVIOUS SITE COVERAGE = 89,606± S.F.TOTAL SITE COVERAGE = 151,537± S.F. (34.9%)TOTAL OPEN SPACE = 282,231± S.F.(UPLAND OPEN SPACE AND WETLAND)TOTAL OPEN SPACETOTAL LOT AREA282,231± S.F.433,768± S.F.== 65.1%UPLAND OPEN SPACEUPLAND AREA260,656± S.F.412,193± S.F.== 63.2%UPLAND OPEN SPACE = 260,656± S.F.(EXCLUDING WETLAND)MAXIMUM IMPERVIOUS SITE COVERAGE40% (173,507± S.F.)*** SEE AREA AND COVERAGE CALCULATIONS BELOW RIGHT.PROPOSED AREA AND LOT AREA = 433,768± S.F.WETLAND AREA = 21,575± S.F.UPLAND AREA = 412,193± S.F.COVERAGE CALCULATIONS:BUILDING COVERAGE = 62,560± S.F.PAVEMENT, SIDEWALKS, AND OTHERIMPERVIOUS SITE COVERAGE = 87,977± S.F.TOTAL SITE COVERAGE = 150,537± S.F. (34.7%)TOTAL OPEN SPACE = 283,231± S.F.(UPLAND OPEN SPACE AND WETLAND)TOTAL OPEN SPACETOTAL LOT AREA283,231± S.F.433,768± S.F.== 65.3%UPLAND OPEN SPACEUPLAND AREA261,656± S.F.412,193± S.F.== 63.5%UPLAND OPEN SPACE = 261,656± S.F.(EXCLUDING WETLAND)EXISTING AREA AND PARKING SETBACK FROM STREET [179-66D.(3C)]40 FT.3± FT. NO CHANGEASSESSORS MAP 63, PARCELS 13, 14, & 15CTF. # 221866DEED BOOK 32691, PG. 302LAND COURT PLAN 15025-FPLAN BOOK 40 PAGE 35OWNER:SRC BREWSTER RE, LLCC/O WINGATE SENIOR LIVING LLC.63 KENDRICK STREET,NEEDHAM, MA 02494CLEAR ACCESS TO YARD HYDRANT AS REQUESTED BY FIRE CHIEFCCRT; SHOW EXISTING DRAINAGE SYSTEMS; UPDATE ZONING TABLE AND CALCULATIONS05-10-20213DAPREVISE PROPOSED PARKING BASED ON ADJUSTED UNIT MIX AND COUNT; REVISELOCATIONS OF PROPOSED DUMPSTERS; REDUCE PROPOSED BIKE RACK PAD SIZE;ELIMINATE PROPOSED PAVED PATH TO CAPE COD RAIL TRAIL; ADD PROPOSED CHILLERPAD; ADD PROPOSED BOLLARDSISSUED FOR PLANNING BOARD AND ZONING BOARD OF APPEALSREV #3
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LOT 29 100' FROM EDGEOF WETLANDBLOCK WALLSIGN (TYP.)BOLLARD(TYP.)GENERATOR(TYP.)ROOF OVERHANGFLAG POLESFLAG POLEVENTILATIONHATCHESOILYARD HYDRANTSTAIRSSTAIRSSSSSGVCATION OF 1928YOUTF 1930ON ROWON ROWON ROWON ROWSEDEDSHESHEEX X XXXXXXHARWICH-BREWSTER ROADRTE. 124(COUNTY LAYOUT)SIDNEY INSOFT, TECTF. #112928ASSESSORS MAP 63,PARCEL 16COMMONWEALTH OFMASSACHUSETTSASSESSORS MAP 75,PARCEL 53CAPE COD RAIL TRAILVALERIE & OWEN HIRTLED.B. 11021, PG. 232ASSESSORS MAP 63,PARCEL 1750' FROM EDGE OF WETLAND100' FROM EDGE OF WETLANDTWO PROPOSED DUMPSTERSWITH FENCE ENCLOSUREPROPOSED 8'x7' CONC.PAD AND BIKE RACKSXXXXXX XXXXX XXXPROPOSEDSIDEWALKAVER PATIOPAIS &TRELLI&TT&IIPPEEEETTAASEE LANDSCAPING PLANS FORCOURTYARD IMPROVEMENTSBCBBCBBCBBCB
BCBBCBBCBPROPOSEDCONCRETEBOLLARDSEXISTING STORMWATERLEACHING SYSTEM 14' x 12'CHILLER PAD15'±12'±BCBPROPOSED DUMPSTERPAD AND ENCLOSURETO REPLACE EXISTINGPROPOSED STRIPEDAREA FOR DUMPSTERACCESSPROPOSEDWHEEL STOP(TYP)REPAIR/REPLACE BROKEN AND DAMAGEDBIT CONCRETE BERM (TYP)6' WIDE NEW CONCRETE SIDEWALK (FINISH TO MATCH EXISTINGSIDEWALK)SAWCUT EXISTING PAVEMENT,REPAIR AND RESET RISERS ANDCOVERS AND PATCH PAVEMENT4" WIDE WHITE PARKINGSTRIPE (TYP)8'8'8'RELOCATEDACCESSIBLESPACESREPAIR OR REPLACEDAMAGED SECTIONS OFEXISTING GUARDRAILEDGE OF WETLANDREV #3REV #3ACCESSIBLE PARKING SIGNS(VAN ACCESSIBLE)16'±REV #3REV #3REV #3REV #3REMOVEEXISTING SHEDCONRETE STAIRSTO REMAINPROPOSEDPATIO TOREPLACEEXISITINGTO BEREMOVEDREFERENCE:Coastal Engineering Co., Inc. c 2020PROJECT NO.DRAWN BYDRAWING FILECHECKED BYDATEPROJECTSCALESHEET TITLESEALDATENO. REVISIONBYKEY MAPNO SCALEBREWSTER, MAPLANELEVATIONS SHOWN HEREON AREBASED ON THE NORTH AMERICANVERTICAL DATUM OF 1988 (NAVD 1988)DATUM:F:\SDSKPROJ\C19000\C19440\C19440-00\C19440-C.dwg 5/10/2021 4:33 PM1 inch = 30 ft.30 15 0 30 90SERENITY APARTMENTS AT BREWSTER873 HARWICH ROAD (RTE. 124) BREWSTER, MAC19440.00PLAN SHOWING PROPOSEDSITE MODIFICATIONSC2.1.1AS NOTED03/05/2021C19440-C.dwgDAP/JJBDJM1 10-08-2020ADJUST PROPOSED PARKING STRIPING ON SOUTH SIDE OF BUILDING TO PROVIDECEM2 10-21-2020ADD PROPOSED LOADING AREA, DUMPSTER PAD, BIKE RACK PAD,CEMMASS. COORD. SYSTEM NAD 1983 MAINLAND ZONESTUDIOS: 88 x 1 SPACE/UNIT = 88 SPACES1 BR UNITS: 44 x 1.25 SPACES/UNIT = 55 SPACESEMPLOYEES: 5 x 1 SPACE/EMPLOYEE = 5 SPACESGUESTS: 30 x 1 SPACE/GUEST = 30 SPACESTOTAL PARKING SPACES REQUIRED = 178 SPACESACCESSIBLE SPACES REQUIRED = 6 SPACESPROPOSED PARKING CALCULATIONS:EXISTING PARKING = 157 SPACESPROPOSED ADDITIONAL PARKING = 21 SPACESTOTAL PARKING SPACES PROVIDED = 178 SPACESACCESSIBLE SPACES PROVIDED = 6 SPACESPROVIDED:ASSESSORS MAP 63, PARCELS 13, 14, & 15CTF. # 221866DEED BOOK 32691, PG. 302LAND COURT PLAN 15025-FPLAN BOOK 40 PAGE 35OWNER:SRC BREWSTER RE, LLCC/O WINGATE SENIOR LIVING LLC.6 KENDRICK STREET,NEEDHAM, MA 02494REFERENCE:NOTE: PROPOSED NEW PARKING SPACES ARE 20'L x 10'WPROPOSED RELOCATED ACCESSIBLE PARKINGSPACES ARE 20'L x 8'WNEW AND EXISTING PARKING STRIPES TO BEPAINTED WHITE, 4" WIDE- SEE DRAWING 2.4.1 FOR ACCESSIBLEPARKING PAVEMENT MARKINGSNOTE: EXISTING DRAINAGESYSTEMS SHOWN ARE FROMRECORD DESIGN PLANSLOCUSISSUED FOR PLANNING BOARD AND ZONING BOARD OF APPEALSLEGENDPROPOSED CONTOUR43PROPOSED PAVEMENTPRECAST CONCRETE CURVEBITUMINOUS CONCRETE BERMBCBPCCCLEAR ACCESS TO YARD HYDRANT AS REQUESTED BY FIRE CHIEFAND PAVED PATH TO CCRT; SHOW EXISTING DRAINAGE SYSTEM05-10-20213DAPADJUST PROPOSED UNIT MIX AND COUNT; REVISE PROPOSED PARKING BASED ONADJUSTED UNIT MIX AND COUNT; REVISE LOCATIONS OF PROPOSED DUMPSTERS;REDUCE PROPOSED BIKE RACK PAD SIZE; ELIMINATE PROPOSED PAVED PATH TO CAPECOD RAIL TRAIL; ADD PROPOSED CHILLER PAD; ADD PROPOSED BOLLARDSREV #3
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MONITOR WELL (TYPICAL)(REFERENCE AS-BUILT SITE PLAN,DETAILS, GENERAL NOTES ANDCALCULATIONS BY ONSITE ENGINEERING)PROPOSEDSIDEWALKPROPOSEDPATIO TOREPLACEEXISTINGTO BEREMOVEDREFERENCE:Coastal Engineering Co., Inc. c 2020PROJECT NO.DRAWN BYDRAWING FILECHECKED BYDATEPROJECTSCALESHEET TITLESEALDATENO.REVISIONBYKEY MAPNO SCALEBREWSTER, MAPLANELEVATIONS SHOWN HEREON AREBASED ON THE NORTH AMERICANVERTICAL DATUM OF 1988 (NAVD 1988)DATUM:F:\SDSKPROJ\C19000\C19440\C19440-00\C19440-C.dwg 10/21/2020 2:20 PM1 inch = 50 ft.50 25 0 50 150BREWSTER PLACE873 HARWICH ROAD (RTE. 124)BREWSTER, MAC19440.00OVERVIEW SITE PLANC2.1.0AS NOTED7/29/2020C19440-C.dwgCEMDJM1 10/8/2020ADJUST PROPOSED PARKING STRIPING ON SOUTH SIDE OF BUILDING TO PROVIDECEM2 10/21/2020ADD PROPOSED LOADING AREA, DUMPSTER PAD, BIKE RACK PAD, AND PAVED PATH TOCEMMASS. COORD. SYSTEM NAD 1983 MAINLAND ZONEGREAT FIELDSROADZONING COMPLIANCE TABLEZONING DISTRICT: R-L RESIDENTIAL LOW DENSITYSUBJECTMINIMUM LOT AREAMINIMUM YARD DIMENSIONS - FRONTMINIMUM YARD DIMENSIONS - SIDE (NORTH)MINIMUM YARD DIMENSIONS - REARMAXIMUM BUILDING HEIGHT433,768± S.F.REQUIREDEXISTING60,000 S.F.25 FT.30 FT.MINIMUM FRONTAGE150 FT.29.6± FT.618.4± FT.26.3± FT.35.4± FT.PROPOSEDPARKING SETBACK FROM STREET [179-23A.(I)]15 FT.3± FT.40 FT.25 FT.MAXIMUM BUILDING COVERAGE20% (86,754± S.F.)14.4% (62,560± S.F.)NO CHANGENO CHANGEMINIMUM YARD DIMENSIONS - SIDE (SOUTH)25 FT.91.9± FT.NO CHANGE1,066.1± FT75.7± FT.NO CHANGENO CHANGENO CHANGENO CHANGE14.3% (61,931± S.F.)ELEVATION FINANCIAL GROUP, LLC201 E PINE STREET, SUITE 200ORLANDO, FL 32801APPLICANT:LOT AREA= 433,768± S.F.WETLAND AREA= 21,575± S.F.UPLAND AREA= 412,193± S.F.COVERAGE CALCULATIONS:BUILDING COVERAGE= 61,931± S.F.PAVEMENT, SIDEWALKS, AND OTHERIMPERVIOUS SITE COVERAGE= 95,424± S.F.TOTAL SITE COVERAGE= 156,754± S.F. (36.1%)TOTAL OPEN SPACE= 277,014± S.F.(UPLAND OPEN SPACE AND WETLAND)TOTAL OPEN SPACETOTAL LOT AREA277,014± S.F.433,768± S.F.== 63.9%UPLAND OPEN SPACEUPLAND AREA255,439± S.F.412,193± S.F.== 62.0%UPLAND OPEN SPACE= 255,439± S.F.(EXCLUDING WETLAND)MAXIMUM IMPERVIOUS SITE COVERAGE40% (173,507± S.F.)*** SEE AREA AND COVERAGE CALCULATIONS BELOW RIGHT.PROPOSED AREA AND LOT AREA= 433,768± S.F.WETLAND AREA= 21,575± S.F.UPLAND AREA= 412,193± S.F.COVERAGE CALCULATIONS:BUILDING COVERAGE= 62,560± S.F.PAVEMENT, SIDEWALKS, AND OTHERIMPERVIOUS SITE COVERAGE= 87,977± S.F.TOTAL SITE COVERAGE= 150,537± S.F. (34.7%)TOTAL OPEN SPACE= 283,231± S.F.(UPLAND OPEN SPACE AND WETLAND)TOTAL OPEN SPACETOTAL LOT AREA283,231± S.F.433,768± S.F.== 65.3%UPLAND OPEN SPACEUPLAND AREA261,656± S.F.412,193± S.F.== 63.5%UPLAND OPEN SPACE= 261,656± S.F.(EXCLUDING WETLAND)EXISTING AREA AND PARKING SETBACK FROM STREET [179-66D.(3C)]40 FT.3± FT.NO CHANGEASSESSORS MAP 63, PARCELS 13, 14, & 15CTF. # 221866DEED BOOK 32691, PG. 302LAND COURT PLAN 15025-FPLAN BOOK 40 PAGE 35OWNER:SRC BREWSTER RE, LLCC/O WINGATE SENIOR LIVING LLC.63 KENDRICK STREET,NEEDHAM, MA 02494CLEAR ACCESS TO YARD HYDRANT AS REQUESTED BY FIRE CHIEFTHIS DRAWING ISSUED FOR PLANNINGBOARD AND ZONING BOARD OFAPPEALS REVIEW.CCRT; SHOW EXISTING DRAINAGE SYSTEMS; UPDATE ZONING TABLE AND CALCULATIONS
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PB Minutes 05/12/21 Page 1 of 4
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, May 12, 2021 at 6:30 pm
Brewster Town Office Building (virtual)
Chair Paul Wallace convened a remote meeting of the Planning Board at 6:31 pm with the following members participating
remotely: Roberta Barrett, Amanda Bebrin, Charlotte Degen, Madalyn Hillis-Dineen, Kari Hoffmann, and Elizabeth Taylor.
Also participating remotely: 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.
6:32 PM CITIZEN’S FORUM
No citizen comments.
6:34 PM PLANNING DISCUSSION
Review and Vote on Request for Extension to Special Permit and Site Plan Review Decision #2019-01.
The Applicant, Stephen Brown, requested the Board approve a one-year extension to the special permit as the pandemic
has caused delays. Bebrin asked whether the plans submitted two years ago will remain the same and Brown responded
that he is seeking approval of an extension at this time on the plans as previously approved but may be downsizing the
building at a later date. If there are changes, he will present those to the Board.
Motion by Hoffmann to Approve a One Year Extension to Special Permit & Site Plan Review Decision #2019-01.
Second by Hillis-Dineen. Vote: Hoffmann-aye; Degen-aye; Barrett-aye; Bebrin-aye; Hillis-Dineen-aye; Taylor-aye;
and Wallace-aye. Vote: 7-0-0.
6:39 PM PLANNING DISCUSSION CONTINUED
Approval of Meeting Minutes: April 28, 2021.
The Board reviewed the April 28, 2021 meeting minutes. Motion by Degen to Approve April 28, 2021 Meeting
Minutes, as amended. Second by Barrett. Vote: Hillis-Dineen-aye; Bebrin-aye; Hoffmann-aye; Degen-aye; Taylor-
aye; Barrett-aye; and Wallace-aye. Vote: 7-0-0.
6:42 PM FOR YOUR INFORMATION
The Board noted that they received a finalized Planning Board Fee Schedule in their packets, effective April 28, 2021.
The Board also discussed a letter received from the Division of Fisheries & Wildlife dated April 23, 2021 seeking public
comment on the Draft Priority Habitat map. The public comment period runs May 3, 2021 through July 3, 2021.
6:50 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Taylor announced a final workshop to review the Open Space and Recreation Plan. The workshop will take place via
Zoom on Tuesday, June 15, 2021 from 6:00 pm - 7:00 pm. Copies of the plan are available in the Department of Natural
Resources.
Hillis-Dineen stated that the Affordable Housing Trust is working with a consultant on the draft Request for Proposal (RFP)
for the Millstone Road housing project. A draft RFP is expected to be available for review at the June meeting.
Approved:
Vote:
PB Minutes 05/12/21 Page 2 of 4
Hoffmann attended a webinar presented by the Massachusetts Municipal Association on conduct of board members in
dealing with staff and members of the public. The webinar was led by an attorney who acts as town counsel, and a local
town administrator. Hoffmann suggested the Board review the Select Board’s policy on conduct and will ask that those
policies be shared with staff. She will also forward the materials from the webinar to staff. Bebrin also attended the
webinar which included over 200 participants from all over the state.
St. Cyr reminded the Board that town elections are on Tuesday, May 25th and the next Planning Board meeting is
Wednesday, May 26th. Anyone elected to the Planning Board on May 25th will need to be sworn in by the Town Clerk
before the May 26th meeting.
Hoffmann gave an update on the work of the Vision Planning Committee. The VPC has finished their stakeholder
interviews and the data is being analyzed. The VPC expects to provide a report to the Select Board in early summer.
Bebrin reminded everyone that Town Meeting is scheduled for Saturday May 15th at 10:00 am.
7:00 PM PUBLIC HEARINGS
Special Permit and Site Plan Review Application #2021-06: Applicant/Owner: Stephen Brown for property located at
2628 Main Street and shown on Assessor’s Map 89, Lot 14 in the Commercial High Density (C-H), Residential Medium
Density (R-M), and Village Business (V-B) zoning districts. The Applicant proposes a new use of restaurant, limited
service for Unit 2 of the Olde Burgess House pursuant to §179-11, §179-51, and §179-66 of the Brewster zoning bylaw.
Documents:
05/16/19 Site Plan and Parking Detail
04/12/21 Planning Board Application
05/04/21 Email from Edward Goldman
05/07/21 Comments Received for Staff Review on March 10, 2021
05/11/21 Updated Comments Received for Staff Review on March 10, 2021
Motion by Hoffmann to Open the Public Hearing on Special Permit and Site Plan Review Application #2021-06.
Second by Hillis-Dineen. Vote: Barrett-aye; Taylor-aye; Degen-aye; Hoffmann-aye; Hillis-Dineen-aye; Bebrin-aye;
and Wallace-aye. Vote: 7-0-0.
The Applicant, Stephen Brown, summarized his application. Brown stated that with COVID restrictions people are not
able to socialize as they used to and he was looking for a way for people to socialize and enjoy beer or wine at his
property in addition to coffee and food. Brown has spoken to town and state officials about this concept which is often run
as a special event. Brown would like to include a wine shed closer to the gardens. He would like to use Unit 2 of the Olde
Burgess House, which also contains Fair and Just Kitchen, as the base of operations for the beer and wine garden. An
ice cream shop is proposed for Unit 2 as well. He expects to go before the Select Board, after approval of the use from
the Planning Board, for a seasonal beer and wine license.
Hoffmann read the updated staff review comments and public comment into the record.
Barrett stated that more information was needed including an updated site plan. A site plan should be provided showing
seating and tables so the Board can see how those interact with the conservation issues presented. A floor plan is also
needed to show where this is located within the Burgess building. The Board needs to look at setbacks, lighting, and
parking. Barrett stated that it was challenging to provide feedback without more information.
Degen stated that more information was needed on the pedestrian flow from the Burgess House to the garden area.
Hillis-Dineen suggested that an engineered plan of the entire site would be best to review. She had questions about the
beer and wine service and asked whether service would take place in the Burgess House or in the proposed wine shed.
Brown responded that both locations would be used for dispensing and processing transactions. Hillis-Dineen asked
which shed would be used and Brown responded that he may build a new 8’ x 10’ shed onsite instead of using one of the
current sheds.
There was a discussion on a plan Brown had submitted to the Select Board for review and the Planning Board requested
a copy of that plan which shows table and chair set up outside for the beer and wine service. Table and chairs outside the
Burgess House will also be used for beer and wine service.
PB Minutes 05/12/21 Page 3 of 4
Brown stated that he was attempting to have a wetlands survey completed. He would like to work towards the Planned
Business Development designation. Brown does not believe the picnic tables are within 100’ of the wetlands. Hillis-
Dineen stated that she would like a more specific site plan for the record. She referenced the solar array project recently
before the Board and stated that the Applicant was before the Board numerous times to clarify the site plan and provide
needed specificity. Brown responded that picnic tables do not have the same impact as a solar array.
Brown stated that he hoped the Board could use the previously approved site plan to approve this use. He noted that the
proposed use was for take-out only and should not have a significant impact on parking. Brown offered that beer and
wine service could be offered as part of a social club so membership would be needed to obtain beer and wine. This
would help control impact to the site. Brown also proposed that beer and wine service could start at 5:30 pm as Snowy
Owl which is responsible for the most traffic closes at 5:00 pm. Brown proposed hours of operation from 5:30 pm until
9:00 pm or 10:00 pm to help with traffic impact.
Hillis-Dineen asked if restroom facilities would be available and Brown responded that there are two toilets available in the
Burgess House, two universal toilets available in the Snowy Owl/herb shop building, and there is a possibility to turn one
of the 10’ x 12’ tool sheds into a toilet. Hillis-Dineen asked if the Snowy Owl toilets can be accessed without going into
Snowy Owl. Brown responded that you must go through Snowy Owl to get to those toilets, and he would have to speak to
the owners about getting access when the store is closed. Hillis-Dineen stated that toilets should be shown on the plan.
Bebrin stated that she had questions regarding traffic and pedestrian flow including the number of expected visitors. She
would also like to see a floor plan of the Olde Burgess House currently and as proposed to see how the space will be
used and to help with questions posed by other departments such as Health and Fire. Bebrin asked if the shed would
need power for a cash register and credit card machine or if it would include a wine refrigerator. If so, this may be more of
a bar outpost. Brown stated that the shed would have power. Bebrin would like to see a full site plan with the information
discussed clearly marked.
Wallace stated that he would like to see a plan but envisioned this as a Truro Vineyards type concept. Wallace is
interested in a delineation of where people will be able to move about while visiting and whether they will have use of the
entire property or just the garden area. Brown responded that he submitted a plan to staff that had some of the
information the Board was requesting. He also provided a sample sign that would be placed throughout the property
stating that no alcohol was allowed beyond a certain point. Brown stated that a roped off area could be provided in which
people can enjoy wine and beer. He would prefer to use signs instead of rope to delineate areas.
Wallace stated that he thinks the proposal is a great idea and the site is suitable, but more information is needed.
Wallace noted that a specific site plan needs to be provided according to what is approved. He also noted that the Zoning
Enforcement Officer would need a specific site plan for final review.
A plan provided during the staff review meeting was shared with the Board. Brown pointed out the wine shed, proposed
toilets, and the delineated area where tables and chairs would be set up for beer and wine service. Brown noted a
conversation he had with the Health Department in response to comments they provided. He stated that he will follow up
on the comments but those were to be dealt with in terms of a Board of Health review not as part of this review of the use.
Brown submitted a floor plan to the Board of Health. There is no seating proposed as this is a take-out shop, so the floor
plan was vague. Brown stated that sinks would not be needed because bottled beer and wine would be handed out and
disposable cups would be used.
Barrett stated that the concept plan was helpful, but the Board needs to see a site plan with more specifics. The plan
should show building dimensions, setbacks from property lines, location of environmental lines/buffers, capacity in terms
of seating and employees to better understand the parking situation, hours of operation, describe the shared relationship
with the Snowy Owl, feasibility of restrooms, if take-out is proposed show the location of the windows, pedestrian access
across parking areas, and lighting. These elements are needed for site plan review and to determine safety. The Board
uses the same criteria to review businesses and although it may seem burdensome it is necessary to maintain a level
playing field. A plan with more engineering is needed to move forward. Brown responded that that is not feasible as there
is no budget for an engineered plan or the will to have such a plan created. Brown believes it is clear where the wetlands
are, where the entrances and exits are, and where people cross roadways.
Wallace stated that there is no requirement to provide an engineered plan, but the Board does need additional information
including more information on lighting, walkways, and a floor plan. Wallace referred Brown to the site plan review
requirements. Brown responded that all those requirements were addressed in the site plan two years. Wallace stated
PB Minutes 05/12/21 Page 4 of 4
that each application is reviewed on its own and site plan review requirements are also necessary for this application as
well.
Hoffmann stated that Brown has always had a vision for this property, and it continues to grow. She stated that people
enjoy coming to the property and it is a place where a sense of community is felt. Hoffmann stated that a more concrete
plan is needed including a business plan. She stated that Brown has shared a lot of good ideas and those ideas should
be documented to be shared with the Planning Board as well as other boards. Hoffmann stated that the previous site plan
could be used as a base but noted that use of the back gardens has not been approved by this Board. Hoffmann
suggested Brown meet with town staff for additional help and look at the Planning Bord’s site plan review and special
permit checklist.
Wallace stated that the Board can only review what is in front of them. He stated that he is supportive of the project but
would like to see more information as requested during the meeting. Wallace suggested the application be continued to
the next meeting so the Board can be given sufficient time to review, at a minimum, the plan provided during the meeting.
Brown asked that the Board approve the use with conditions that he provide additional information because he does not
want to return in two weeks to be told again the materials are insufficient. Wallace responded that the Board must vote
based on the information before them and that he expects, based on the current information provided, the application
would not receive a favorable vote. Hoffmann noted that a no vote tonight would initiate a waiting period and the
Applicant would have to start the process over again. Hoffmann stated that the Applicant could work from the plans he
had and review the special permit and site plan review criteria to present more information to the Board.
Taylor suggested supplementing the engineered plan with the information discussed during the meeting. She also
suggested Brown meet with the Town Planner. Brown responded that the plan reviewed during the meeting seems to
have most of the information the Board is requesting. He noted that lighting and delineation of pathways needed to be
added to the plan along with the location of the tables. Wallace stated that the plan reviewed during the meeting needs to
be submitted to the record. Additional information needed includes lighting, crosswalks, pedestrian flow, location of take-
out windows, and any addition or removal of landscaping. Taylor requested a floor plan of the Burgess House be
submitted. Brown responded that one has been submitted to the Board of Health. Taylor would like to see the floor plan
submitted for review by the Planning Board as well as an outside seating plan.
Barrett clarified her request for technical information on the plan including dimensions, quantities, setbacks, proposed
lighting to include size and information on screening, and hours of operation.
Staff will provide Brown will the draft meeting minutes. The Board encourages Brown to work directly with staff to provide
the necessary information.
Wallace stated that multiple plans could be submitted to provide all the requested information.
St. Cyr stated that no additional comments have been received from the public. There was discussion on continuing the
meeting to a later date.
Motion by Hillis-Dineen to Continue the Public Hearing on Special Permit and Site Plan Review Application
#2021-06 to May 26, 2021. Second by Degen. Vote: Bebrin-aye; Barrett-aye; Degen-aye; Taylor-aye; Hillis-
Dineen-aye; Hoffmann-aye; and Wallace-aye. Vote: 7-0-0.
Motion by Hoffmann to adjourn. Second by Bebrin. Vote: Barrett-aye; Bebrin-aye; Taylor-aye, Degen-aye;
Hoffmann-aye; Hillis-Dineen-aye; and Wallace-aye. Vote: 7-0-0. Meeting adjourned at 8:08 pm.
Next Planning Board Meeting Date: 05/26/21
Respectfully submitted,
__________________________________________
Lynn St. Cyr, Senior Department Assistant, Planning