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MEETING MINUTES
Wednesday, September 22 , 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 : Roberta Barrett, Amanda Bebrin , Charlotte Degen , Madalyn Hillis- Dineen , Mark Koch , and Elizabeth Taylor. Also
participating remotely : Lynn St. Cyr, Senior Department Assistant and Kari Hoffmann , Select Board Liaison ,
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 qov ) , or Video recording (tv . brewster- ma . ov ) .
The Planning Board Packet can be found at: htta://records. brewster-magov/weblink/0/fol/118269/Row1 asox 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 PUBLIC HEARING
Proposed Zoning Bylaw Amendment : Floodplain District
Documents :
• 09/21 /21 Letter from Pat Hughes
• 09/22/21 Floodplain District Bylaw
Motion by Hillis -Dineen to Open the Public Hearing on Proposed Zoning Bylaw Amendment : Floodplain District.
Second by Degen . Vote : Hillis -Dineen -aye ; Taylor-aye ; Bebrin -aye ; Barrett-aye ; Koch -aye ; Degen -aye ; and
Wallace -aye . Vote : 7 -0 -0 .
Shannon Hulst of the Cape Cod Cooperative Extension participated in the meeting . Hulst explained that every town that
participates in the National Flood Insurance Program has to adopt portions of the model bylaw. The bylaw includes
portions of the Code of Federal Regulations ( CFR ) which were not previously incorporated in the bylaw. The Town of
Brewster joined the National Flood Insurance Program in 1985 and this is when the CFR should have been included in the
bylaw. The bylaw, as proposed , is what is required for the town to maintain participation in the National Flood Insurance
Program which allows lower cost flood insurance premiums especially for those who are required to maintain flood
insurance .
Wallace stated that the Board was reviewing the bylaw as part of the town meeting process and at the end of the hearing
a motion to recommend town meeting support the bylaw would be considered . Wallace noted that this bylaw is proposed
as a strike and replace amendment.
Bebrin asked Hulst to provide more detail on the variances referenced in the bylaw. Hulst explained that the model bylaw
assumes that there is local control over the building code and zoning code . In Massachusetts , there is not local control
over the building code so a variance of the building code would need to be handled through the state . If a variance is
granted by the state , there are requirements that town must follow including notification to the property owner if their
insurance will increase .
Hillis- Dineen read a letter from Pat Hughes dated September 21 , 2021 into the record .
Taylor asked if with the increasing number and severity of storms , higher tides , and sea level rise , it was expected that
FEMA would be changing the definitions of their zones and updating them more regularly . Hulst responded that FEMA's
mapping is tied to congressional appropriations and if Congress does not give FEMA the money needed to update maps
the mapping does not happen . There is a new insurance rating system that may impact the flood maps . Hulst suggested
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towns could look at a local data available and decide on additional regulations instead of waiting on FEMA . She
suggested the current focus remain on adopting the model bylaw and additional regulations could be reviewed later.
Hulst stated that the bylaw being reviewed is required by federal law and if it does not pass town meeting the town will be
removed from the flood insurance program which will cause property owners to be ineligible for flood insurance , Hulst
suggested the Board could focus on opportunities for higher standards after town meeting .
Motion by Taylor to Close the Public Hearing on Proposed Zoning Bylaw Amendment : Floodplain District.
Second by Degen . Vote : Taylor-aye ; Bebrin -aye ; Degen -aye ; Koch -aye ; Barrett-aye ; Hillis - Dineen -aye ; and
Wallace -aye . Votes 7 =0 =0 .
Motion by Degen to Recommend Town Meeting Support the Proposed Zoning Bylaw Amendment : Floodplain
District . Second by Bebrin . Vote : Hillis - Dineen -aye ; Barrett-aye ; Koch -aye ; Degen -aye ; Bebrin -aye ; Taylor-aye ;
and Wallace -aye . Vote : 7 -0 -0 .
7 : 17 PM PUBLIC HEARING CONTINUED
Proposed Town Code Amendment: Stormwater Management .
Documents .
• 09/ 16/21 Stormwater Management Regulations
• 09/20/21 Email from Susan Bridges
• 09/21 /21 Letter from Pat Hughes
• 09/22/21 Stormwater Management Bylaw
Lori Kennedy of Horsley Witten participated in the meeting . Kennedy summarized the bylaw and stated that stormwater
management requires controlling erosion and sediment on construction sites and requires treatment of stormwater run off
from new developments and redevelopment projects . This is a new general bylaw specific to stormwater management.
The local bylaw is required by the MS4 permit through the EPA , MS4 requires permits for land disturbance activities over
1 -acre . The proposed bylaw includes small projects to help reduce the impact of stormwater run -off, erosion , and
sedimentation .
Motion by Degen to Open the Public Hearing on Proposed Town Code Amendment : Stormwater Management.
Second by Bebrin . Vote : Taylor-aye ; Bebrin -aye ; Hillis -Dineen -aye ; Degen -aye ; Koch -aye ; Barrett-aye ; and
Wallace -aye .
Hillis- Dineen read a letter from Pat Hughes dated September 21 , 2021 into the record .
St. Cyr stated that the Conservation Department and Conservation Commission continue to review the proposed
Stormwater Management Bylaw and asked the Board to consider continuing the public hearing to October 131h so that that
review can be completed .
Hillis- Dineen read an email from Susan Bridges dated September 20 , 2021 into the record .
Wallace responded to a question posed in Bridges email by reading the definition of " land disturbance activity " into the
record . Bridges asked about tree clearing and soil movement and Kennedy responded that those activities were included
in the definition of land disturbance activity .
The Board discussed Bridges questions regarding waivers . Wallace stated that the Planning Board and Conservation
Commission can waive strict compliance with the requirements . Koch stated that the section on waivers should be read in
its entirety . Kennedy stated that in practice applications for land disturbance activities could be submitted and based on
the information submitted the Board could consider whether a waiver was appropriate . Kennedy stated waivers were
discussed for small projects that were all but approved by the Building Commissioner at the time the bylaw goes into
effect . Degen asked about the administration process of the application and whether a practice should be established
and included in the bylaw . Koch stated that he read the bylaw to say that an application would be submitted for
consideration of a waiver and as part of the process the waiver request would be considered by the Stormwater Authority
or agent.
Wallace expressed concern that the bylaw would impact almost all new construction projects and be costly for applicants .
He stated that the scope put in place may be too small . Taylor stated that small scope change could have major impacts
on a wetland or pond .
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The Board asked Kennedy what would happen if the town did not pass the bylaw . Kennedy responded that if the bylaw
did not pass the town would not be in compliance with MS4 and the EPA could take enforcement action if they think
adequate stormwater management is not being provided for land disturbances over 1 -acre . There is an option to revise
the bylaw to meet EPA requirements and not be as protective as currently drafted . Wallace summarized research done
by the Planning Department regarding the number of applications from 2019 , 2020 , and 2021 that would have required a
stormwater permit and it was about one-third of the applications received . The Board reviewed the requirements of the
minor and major stormwater permits . Wallace stated that this is a major amendment being brought to Town Meeting and
he is disappointed that there has not been more public comment . Bebrin stated that there is a range of options that
applicants could use for minor permits including use of a rain barrel , She does not believe the minor permitting is too
onerous . She did express concern that staff could become burdened . Wallace noted that minor permits do not require
engineered plans but that will be a requirement for major permits . Koch mentioned the costs that would be incurred
through this permitting process and noted that the Board did not have actual figures to provide for estimated costs .
Wallace stated that costs would be project dependent. Koch stated that he supports the more restrictive bylaw with the
proposed thresholds . Wallace stated that he would like to see the requirements be the same as the MS4 permit
Bebrin inquired about fees for the permit. Staff will do further research on fees and provide additional information to the
Board at a later meeting .
Wallace asked about advertising for the public hearing . St. Cyr stated that it has appeared on both Planning Board and
Select Board agendas . The Board would like to see more public comment and discussed options to make the public
aware of the next public hearing . Kennedy encouraged additional advertising for public comment so that the bylaw is
successful in passing and the town can meet the MS4 requirements .
Motion by Bebrin to Continue the Public Hearing on Proposed Town Code Amendment : Stormwater Management
to October 13 , 2021 . Second by Barrett . Vote : Hillis -Dineen -aye ; Degen -aye ; Koch -aye ; Barrett-aye ; Bebrin -aye ;
Taylor-aye ; and Wallace -aye . Vote : 7 =0 -0 .
7 : 55 PM PUBLIC MEETING
Continued 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 . ( Continued from August
11 , 2021 )
Documents :
• Plan Showing Existing Conditions dated April 20 , 2016 .
• Stormwater Management Report prepared by TFM Engineering of Bedford , NH for Latham Centers , Inc . Dated
December 11 , 2019 .
• Site Preparation and Demolition Plan , Site Layout Plan , Grading and Drainage Plan , Utility Plan , Landscape Plan ,
Lighting Plan and Detail Sheet prepared by TFM Engineering of Bedford , NH for Latham Center Inc . , dated
October 23 , 2019 (as revised June 14 , 2021 ) 1
• Proposed Sewage Disposal System Plan dated February 28 , 2020 .
• Community Center Floor Plans and Elevations dated April 2 , 2020 .
• Meeting House Floor Plans and Elevations dated April 8 and 9 , 2020 .
• Student Apartments Floor Plan and Elevations dated March 29 , 2021 .
• Planning Board Application and Narrative dated June 18 , 2021 .
• Turning and Movement Plan , prepared by TFM Engineering of Bedford , NH for Latham Center Inc . , dated
September 14 , 2021 .
• Department Reviews dated September 17 , 2021 and Supplemental Department Reviews updated September 22 ,
2021 .
Marian Rose of the Law Office of Singer & Singer, LLC participated on behalf of the Applicant . Anne McManus and Brian
Benevides of the Latham Centers , Inc . participated along with the Applicant' s engineer Jeff Kevan of TFM Engineering .
Rose provided an overview of the project including two buildings proposed to be removed and two proposed to be
renovated , along with the addition of a new building and updated entrance , parking , driveways , and septic . Rose noted
that the middle building is still planned for educational use but eight units of housing are now proposed in that building
with seven units for students and one unit for an onsite manager for 24 hours per day . The middle building ' s footprint has
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slightly changed and is closer to the west side of the property . Both the change in use and the footprint of the middle
building were approved by the Zoning Board of Appeals . The OKH has approved the plan and the plan has also been
reviewed by the Conservation Department . Rose referenced the comments received from the Board of Health ( BOH ) and
asked that the Planning Board ' s decision include BOH approval as a condition . Rose stated that the Turning and
Movement Plan provided with this application is the same plan that was provided in 2019 and there have been no
changes to the entrance . The Applicant is aware of the concerns shared by the Fire Department and would like to have
the Applicant' s engineer address them directly with the Fire Department as a condition of the decision . Rose stated that
the Applicant would file an amended site plan after discussion with the Fire Department ,
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 fairly and equitably .
Hillis- Dineen read Department Comments dated September 22 , 2021 into the record .
Wallace asked the Applicant to discuss how housing falls under the educational use referenced in MGL Chapter 40A ,
Section 3 . McManus responded that Latham Centers is proposing a housing component to their program due to the need
on Cape Cod and in Massachusetts for housing for young people with developmental disabilities . This program has been
designed to work with young adults ages 17 to 22 to teach the skills that will help them successfully integrate them into
the community as employees and tenants . The program will include daily living skills of banking , cooking , housekeeping
as well as vocational activities . The program will provide the needed skills for these young adults to live in the community .
Degen asked about the anticipated length of time students would be in the program and McManus estimated that it would
be approximately two years . Koch stated that although the project falls under the educational use of MGL 40A, Section 3
issues raised through staff comments still need to be addressed and Fire Department and Health Department approval is
still required , Rose noted that the ZBA recognized the use at their recent meeting and a decision was in the process of
being drafted . Wallace confirmed with Rose that MGL 40A, Section 3 protects the educational use proposed in the
application .
Wallace asked about the hours of operation of the learning center and McManus thought that the hours may be 7 am to 9
pm so that students could participate in school , after school activities and vocational activities at night. There are alarm
systems on site and staff onsite 24/7 for security purposes . All facilities are accessed by key for security purposes .
Wallace asked about comments received from the Fire Department and the Applicant committed to working with the Fire
Department regarding the size of the island on the east side of the entrance .
Degen asked if the units met the DHCD standards referenced in the Housing Coordinator' s comments and Rose
responded that the Applicant was not sure if those standards were met at this time , but it is their goal to meet those
standards and be added to the DHCD list.
I
Barrett confirmed with the Applicant that the apartments were for use by students enrolled in the educational program .
She suggested a condition of the decision include this use and that any change to the use would need to be reviewed by
the Planning Board . Barrett stated that lighting and noise should be considered as they were concerns raised back in
2019 . Rose stated that the project has undergone review by the ZBA and OKH with no concerns expressed by abutters .
Barrett again suggested a condition for use of the seven studio apartments by students enrolled in the educational
program . McManus stated that the Applicant was committed to providing affordable housing with these seven units .
Degen suggested a condition that the apartments be used for students and if that use changes the Applicant would return
to the Planning Board for review . Barrett stated that if the use changes site conditions will need to be reviewed .
McManus stated that a potential change of use in the future could be apartments for disabled adults .
Wallace suggested a condition of the decision include that the reduction of the island be approved by the Fire
Department . Rose noted that there were parking spaces the Applicant could give up if needed to make the entrance
wider.
Taylor asked about monthly rental costs and the Applicant did not have a figure for rent but noted that they would not be
prohibitive as the purpose of the program was to educate the clients . Taylor asked about bus stops and the Applicant
stated that they were open to establishing a bus stop .
Bebrin thanked the Applicant for submitting a thorough application and for the initiative to provide much needed housing
for this student population . Hillis- Dineen thanked the Applicant and stated that this was a very worthwhile project.
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Koch thanked the Applicant for the comprehensive plan that was submitted and for being a great neighbor.
Degen asked about a bike rack and Rose directed the Board to an area on the site plan on the plan . Degen asked about
after hours lighting . Koch noted that only security lighting would be on after 7 : 30 pm per the original decision . Barrett
referenced the conditions regarding lighting in the original decision and the Applicant stated those conditions were still
acceptable .
The Applicant spoke to the request for reduction to the parking setbacks . The conditions of the original decision related to
parking setbacks will remain .
Jill Scalise , Housing Coordinator, thanked Latham Centers for the work they have been doing . Wallace asked Scalise if
she had any concerns with the affordable housing provisions referenced during the meeting and Scalise responded that
she had no concerns and would like to see the Applicant continue to work with DHCD and the town to get the units on the
subsidized housing inventory . Scalise noted that there may be size and rent requirements to ensure the units are
affordable .
The Board reviewed the list of conditions for the decision including those in the original decision regarding lighting as well
as the original findings on the parking setbacks . A condition will be added that the apartments are for use by students
enrolled in the Latham Centers educational program and if that use changes the Applicant will return to the Planning
Board for modification , the reduction in size to the island on the east side will be reviewed and approved by the Fire
Department , an as-built plan with any modifications will be submitted to the Planning and Building Department , The
Planning Board discussed findings related to encouraging the Applicant to meet the DHCD standards for affordable units
and also encouraging the Applicant to work on having a bus stop added on site , A condition of approval by the Health
Department will also be included .
Motion by Hillis -Dineen to Approve Modification of Site Plan Review Approval #2019 -28 with Findings and
Conditions , as discussed . Second by Barrett . Vote : Koch -aye ; Hillis -Dineen -aye ; Degen -aye ; Barrett-aye ; Bebrin -
aye ; Taylor-aye ; and Wallace -aye . Vote : 7 -0 -0 .
8 : 41 PM CITIZEN ' S FORUM
No citizen comments .
8 : 42 PM PLANNING DISCUSSION
Approval of Meeting Minutes : September 8 , 2021 .
The Board reviewed the September 8 , 2021 meeting minutes . Motion by Degen to Approve September 8 , 2021
Meeting Minutes . Second by Bebrin . Vote : Taylor-aye ; Bebrin -aye ; Barrett-aye ; Degen -aye ; Hillis -Dineen -aye ;
Koch -abstained ; and Wallace -aye . Vote : 6 -0 - 1 .
8 : 44 PM FOR YOUR INFORMATION
Wallace announced a public hearing on October 7 , 2021 before the Cape Cod Commission on proposed technical
amendments to their regulations . Wallace announced the public hearings on the Planning Board ' s agenda on October 13 ,
2021 . Degen stated that there was helpful information provided on the town website from the public forum regarding the
proposed Sea Camps purchase . Bebrin reminded everyone that a special town meeting was scheduled for Saturday ,
September 25th . Drop off ballots by October 5 , 2021 . Koch noted that the rain date for Town Meeting is September 26th .
Motion by Hillis -Dineen to adjourn . Second by Bebrin . Vote : Taylor-aye ; Degen -aye ; Hillis -Dineen -aye ; Koch -
aye ; Barrett-aye ; Bebrin -aye ; and Wallace -aye . Vote : 7 -0 -0 .
Meeting adjourned at 8 : 47 pm .
Next Planning Board Meeting Date : 10/ 13/21
Respectfully submitted ,
Lynn St . yYtkior Depa ment Assistant, Planning
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