HomeMy Public PortalAboutPlanning Board -- 2021-08-11 Minutes \\ ,� s��,,,,,, Brewster Planning Board Approved : 08/25/21
I( f E�DEq B.�t`,Q%, 2198 Main Street Vote : 5 =0 -0
ao;eD 91P
a++ � Brewster, MA 026314898
o _ ' y` ( 508) 896-3701 x1133 oil
~ '1 -= brewplan@brewster-ma . gov
Eg OE P� BREWSTER PLANNING BOARD
i �o�onnunniimno��oao
MEETING MINUTES
Wednesday, August 11 , 2021 at 6 : 30 pm
Brewster Town Office Building (virtual )
Chair Paul Wallace convened a remote meeting of the Planning Board at 6 : 33 pm with the following members participating
remotely : Roberta Barrett , Amanda Bebrin , Charlotte Degen , Madalyn Hillis- Dineen , Mark Koch , and Elizabeth Taylor. Also
participating remotely : Ryan Bennett , Town Planner and Lynn St . Cyr, Senior Department Assistant .
This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021 . 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 ( livestream . brewster- ma . gov) , or Video recording ( tv . brewster- ma . gov ) .
The Planning Board Packet can be found at: htta '//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 : 34 PM CITIZEN ' S FORUM
Ron Essig , 154 Crowells Bog Road , stated that he submitted written comments to the Planning Board regarding Special
Permit Application #2021 -07 . The Board noted that there was a request by the Applicant to continue the hearing on that
application to September 8th , The Board asked Mr . Essig to hold his comments until the hearing .
6 : 37 PM PUBLIC MEETING
Modification of Site Plan Review Approval #2019 =28 : Applicant/Owner: Latham Centers , Inc, Representative :
Andrew L . Singer, Esq . , Law Office of Singer & Singer, LLC for property located at 1439 Main Street and shown on
Assessor' s Map 48 , Lot 61 in the Residential Medium Density ( R- M ) zoning district. The Applicant proposes site
improvements including renovating and expanding the existing facility and parking areas along with a new two-story
building containing student apartments pursuant to Section 179-64 of the Brewster zoning bylaw. (A continuance to
September 22 , 2021 has been requested by the Applicant . )
Documents :
• 07/26/21 Letter from Andrew Singer
Motion by Degen to Open the Public Meeting on Modification of Site Plan Review Application #2019 -28 . Second
by Taylor. Vote : Taylor-aye ; Koch -aye ; Bebrin -aye ; Barrett-aye ; Hillis -Dineen -aye : Degen -aye ; and Wallace-aye .
Vote : 7 =0 -0 .
Bebrin stated that she filed a Disclosure of Appearance of Conflict of Interest with the Town Clerk for this application . She
stated she feels she can perform her official duties objectively and fairly .
Motion by Degen to Continue the Public Meeting on Modification of Site Plan Review Application #2019 -28 to
September 22 , 2021 . Second by Hillis - Dineen . Vote : Taylor-aye ; Koch -aye ; Bebrin -aye ; Barrett-aye ; Hillis -Dineen -
aye ; Degen -aye ; and Wallace-aye . Vote : 7 -0 -0 .
6 : 40 PM PUBLIC MEETING CONTINUED
Review and Vote to Refer Floodplain Zoning Bylaw Amendment to Select Board .
08/ 11 /21 Floodplain Zoning Bylaw Amendments
The Board discussed revising the formatting of the floodplain bylaw amendment and pointed out scrivener' s errors . There
was discussion regarding procedure and Bennett stated that the Board would be voting to refer the amendment to the
Select Board so that the Select Board could vote to refer the amendment back to the Planning Board for a public hearing .
PB Minutes 08/11 /21 Page 1 of 4
Motion by Hillis -Dineen to Refer the Floodplain Zoning Bylaw Amendment to the Select Board . Second by
Barrett. Vote : Barrett-aye ; Taylor-aye ; Bebrin -aye ; Hillis -Dineen -aye ; Koch -aye ; Degen -aye ; and Wallace -aye .
Vote : 7 =0 -0 .
6 : 50 PM PLANNING DISCUSSION
Approval of Meeting Minutes : July 28 , 2021 .
The Board reviewed the July 28 , 2021 meeting minutes . Motion by Barrett to Approve July 28 , 2021 Meeting Minutes ,
as amended . Second by Bebrin . Vote : Degen -aye ; Koch -aye ; Taylor-aye ; Hillis - Dineen -aye ; Bebrin -aye ; Barrett-
aye ; and Wallace -aye . Vote : 7 =0 -0 .
6 : 53 PM FOR YOUR INFORMATION
The Board noted that they received a memorandum from the Division of Fisheries & Wildlife regarding the updated priority
& estimated habitat map of rare species .
Degen mentioned that she registered for the One Cape Summit being presented by the Cape Cod Commission in August.
Degen also noted that a best practices training session for all town board and committee members will take place in
September.
Bennett reminded Planning Board members that the department has a budget for member training and that registration
fees for trainings are reimbursable .
Motion by Hillis -Dineen to Recess to 7 : 00 pm . Second by Degen . Vote : Degen -aye ; Hillis -Dineen -aye ; Barrett-
aye ; Bebrin -aye ; Taylor-aye ; Koch -abstained ; and Wallace -aye . Vote : 6-0 -1 . Recess taken at 6 : 57 pm .
Motion by Degen to Reopen the Planning Board Meeting . Second by Hillis -Dineen . Vote : Degen -aye ; Hillis -
Dineen -aye ; Barrett-aye ; Bebrin -aye ; Taylor-aye ; Koch -aye ; and Wallace -aye . Vote : 7 =0 -0 . Meeting resumed at 7 : 01
pm .
7 : 02 PM PUBLIC HEARINGS
CONTINUED Special Permit Application #2021 -07 : Applicant: Timothy Holmes , Owner: Morris N . Kazanjian , Jr. c/o
Caryn Kazanjian for property located at 0 Crowells Bog Road and shown on Assessor' s Map 61 , Lot 11 in the Residential
Low Density ( R- L) and Residential Rural ( R- R) zoning districts . Pursuant to § 179-26D and § 179-51 of the Brewster
zoning bylaw, the Applicant seeks a special permit to construct a single-family dwelling on a pre-existing lot of record
lacking street frontage . ( Continued from July 14 , 2021 . )
Documents :
08/ 11 /21 Email from Bill Henchy
Applicant Timothy Holmes was present. Wallace read a request for continuance from Bill Henchy dated August 11 , 2021
into the record .
Motion by Hillis -Dineen to Continue the Public Hearing on Special Permit Application #2021 -07 to September 8 ,
2021 . Second by Bebrin . Vote : Barrett-aye ; Hillis -Dineen -aye ; Degen -aye ; Koch -aye ; Taylor-aye ; Bebrin -aye ; and
Wallace-aye . Vote : 7w0 =0 .
7 : 04 PM PUBLIC HEARINGS CONTINUED
Special Permit and Site Plan Review Waiver Application #2021 -09 : Applicant: Danielle Panzica , Owner: TKC
Investments , LLC for property located at 2671 Main Street and shown on Assessor' s Map 89 , Lot 20 in the Village
Business (V- B ) zoning district. The Applicant proposes a food trailer as an accessory use to the current restaurant use
pursuant to § 179-51 , § 179 -66 , and § 179-67 of the Brewster zoning bylaw .
Documents .
• 08/05/21 Revised Planning Board Application with revised site plan and photo
• 08/ 11 /21 Email from Victor Staley
Danielle Panzica and Jayme Valdez participated remotely and presented their revised application to the Board . Panzica
stated that she reviewed comments made at the last meeting and revised the site plan to show the new location for the
food trailer as well as the flow of pedestrian foot traffic .
PB Minutes 08/11 /21 Page 2 of 4
Hillis- Dineen read an email from Victor Staley dated August 11 , 2021 into the record .
Wallace announced that Degen has signed a Mullin Affidavit to participate in the hearing .
Degen confirmed with the Applicant that the food trailer did not have an engine and needed to be towed to be moved .
Valdez stated , in response to Staley ' s email , that the wires that need to be connected to the tow hitch to move the trailer
are located inside the trailer. Valdez stated that he responded to Staley ' s email with this information . Wallace stated that
the Planning Board decision could include a condition for Historic District Committee approval , if necessary .
Degen asked the Applicant for clarification on the tables being placed outside and the seeding that will be done . Panzica
confirmed that the tables will be placed underneath the trees and seeding will be done on an as needed basis .
Hillis - Dineen stated that the new design submitted was much better than the original one and appreciated that the trailer
has been moved back further from the road . She wished the Applicant well with this endeavor.
Barrett thanked the Applicant for the redesign and appreciated that there would be no loss of parking . Barrett thought
relocating the trailer under the trees and the addition of pavers worked well .
Taylor stated she did not think trailers were allowed in Brewster and found the comments received relating to review by
the Historic District Committee interesting . Taylor expressed concerns regarding traffic and noted that there was a recent
bad accident near this location .
Bebrin asked the Applicant for information on the hours of operation and the Applicant responded that the trailer would be
in operation from 11 am- 4 pm or 5 pm but there would be no night operation , At Bebrin ' s request, the Applicant clarified
the ordering/food pick up process from the trailer window which would be facing the picnic tables .
Koch stated that it would have been beneficial to have the property lines and setbacks delineated on the plan . Koch
stated that he was not concerned with the trailer not fitting in with the neighborhood . He recognized that the location was
in a congested area and appreciated traffic concerns but suggested more specific information be provided on accidents in
the area if they were a concern .
Wallace noted that the Applicant was requesting a site plan review waiver and a special permit for the use . Wallace
stated that he was supportive of the application . He believes that the changes to the site are minimal and do not
necessitate a full site plan review . Wallace stated that although there may be traffic issues in the area , the Applicant is
using the site as is which should not impact traffic flow .
Degen asked if there was a bike rack on site and Panzica responded that there was not currently a bike rack, but one
could be added . Wallace suggested a bike rack be a condition of the decision . Barrett suggested a condition that if the
Applicant decided to open in the evening , they would need to return to the Board with a lighting plan .
Wallace asked if there were any comments from members of the public .
Judy Scherzo , 227 Winslow Landing Road , asked for an update on the request to• create an exit from the property to
Winslow Landing Road . Wallace responded that the Applicant was no longer proposing an exit on to Winslow Landing
Road and the site layout will stay the same .
Meridith Baier, 2663 Main Street , expressed concern over the landscaping on the property and did not believe it was
suitably landscaped and was detrimental to her as an abutter. As this is an application for a special permit for an
accessory use , Baier asked the Board to consider all the findings in issuing a special permit. She stated that the
northwest corner of the property is the busiest area of the restaurant and is an open area to her property . Baier urged the
Board to consider Paragraph 5 ( a ) 8 of the special permit findings and require suitable landscaping to protect the character
of the neighborhood and adjacent property . Baier referred the Board to Paragraph E of the site plan review standards
related to landscaping . She asked the Board to consider the importance of maintaining the privacy of residential
properties . Baier asked the Board to condition the permit to include screening and to apply the special permit finding to
protect the character of the neighborhood and adjacent property with suitable landscaping .
Panzica responded to Baier' s comments and stated that she was willing to add plantings to the north and northwest
corner of the property so long as it was affordable . Baier appreciated the Applicant' s comments and stated that she did
PB Minutes 08/11 /21 Page 3 of 4
not want the Applicant to spend a lot of money but pursuant to the bylaw the property does need to be suitably
landscaped . Bennett suggested a condition of the special permit could be to require fencing and/or shrubs to provide
screening to the abutter. There was discussion on maintenance of the plantings . Valdez stated that it was the Applicant' s
intent to provide privacy screening in the back of the lot and to keep it free of trash and debris . Valdez stated that he has
had discussions with Baier about screening the back of the lot and the trash area and they intend to do that . Bennett
suggested a condition that prior to the issuance of a Certificate of Occupancy for the principal restaurant use , the property
be suitably landscaped to protect the character of the neighborhood and adjacent property . Panzica stated that it was the
Applicant' s intention to add plantings in the Fall . Taylor asked for additional details on the screening and the Applicant
stated that they would be adding trees and shrubs along the property line but did not plan to add a fence . Taylor stated
that Leyland Cypress trees grow fast and large and are something the Applicant should consider for screening . The
Board discussed the special permit findings and decided to include the finding that the site will be suitably landscaped to
protect the character of the neighborhood and adjacent property .
Motion by Degen to Close the Public Hearing on Special Permit and Site Plan Review Waiver Application #2021 =
09 . Second by Hillis -Dineen . Vote : Koch -aye ; Hillis -Dineen -aye ; Bebrin -aye ; Taylor-aye ; Barrett-aye ; Degen -aye ;
and Wallace -aye . Vote : 7 -0 -0 .
The Board discussed findings and conditions to be included in the special permit decision . Bennett noted a finding to
include the hours of operations from 11 am to 4 pm with a condition that if the hours are extended into the evening the
Applicant return to the Board with a lighting plan . Additional conditions also include that a bike rack will be installed , and
the trailer will maintain a 5 ' setback to the sideline of the property . A finding that the site will be suitably landscaped to
protect the character of the neighborhood and adjacent property prior to the restaurant use becoming reestablished .
Hillis - Dineen asked about HDC review . Bennett stated that if the trailer can be registered through the MA Department of
Transportation , HDC review will not be needed because the trailer will not be considered a structure . Koch suggested the
condition regarding hours of operation be revised to 11 am to sundown because of the seasonal nature of the business .
Wallace added that if the hours of operation extended beyond sundown the Applicant would need to return to the Board .
The Applicant stated that it was their intention to operate the trailer seasonally from April to October.
Motion by Degen to Waive Site Plan Review for Special Permit and Site Plan Review Waiver Application #2021 =09 .
Second by Bebrin . Vote : Hillis -Dineen -aye ; Koch -aye ; Bebrin -aye ; Taylor-aye ; Barrett-aye ; Degen -aye ; and
Wallace -aye . Vote : 7 -0 -0 .
Motion by Hillis -Dineen to Approve the Special Permit for Special Permit and Site Plan Review Waiver Application
#2021 =09 with Findings and Conditions , as discussed . Second by Bebrin . Vote : Koch -aye ; Hillis -Dineen -aye ;
Bebrin -aye ; Degen -aye ; Barrett-aye ; Taylor-aye ; and Wallace -aye . Vote : 7 -0 -0 .
Motion by Hillis -Dineen to adjourn . Second by Degen . Vote : Bebrin -aye ; Degen -aye ; Hillis -Dineen -aye ; Koch "
ayes Taylor-aye ; Barrett-aye ; and Wallace -aye . Vote : 7 -0 -0 .
Meeting adjourned at 7 : 46 pm .
Next Planning Board Meeting Date : 08/25/21
Respectfully submitted ,
Lynn St . L9yr, Senior Department Assistant , Planning
PB Minutes 08/11 /21 Page 4 of 4