HomeMy Public PortalAboutPlanning Board -- 2022-01-26 Minutes Brewster Planning Board Approveds 2/23/22
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BREWSTER PLANNING BOARD
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TING MINUTES
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Wednesday, January 26 , 2022 at 6n30 pm
Brewster Town Office Building (virtual )
Chair Paul Wallace convened a remote meeting of the Planning Board at 6 : 30 pm with the following members participating
remotely : Amanda Bebrin , Charlotte Degen , Madalyn Hillis�Dineen , Mark Koch , and Elizabeth Taylor, Also participating
remotely : Charleen Greenhalgh , Interim Town Planner, Lynn St. Cyr, Senior Department Assistant, and Jonathan Silverstein ,
Town Counsel .
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 ( Iivestream . brewster� ma . qov) , or Video recording Qv , brewster� ma . qov ) ,
The Planning Board Packet can be found at: httpollrecords. brewster�ma. ,qovlweblink101foilI 18269IRowl . a 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 .
6w32 PM CITIZEN ' S FORUM
No citizen comments ,
Charleen Greenhalgh , Interim Town planner, introduced herself and announced that she would be holding office hours for
the public on Thursdays from 1 : 00 pm � 3 : 00 pm .
6m34 PM PLANNING DISCUSSION
Update from Vision Planning Committee (VPC ) .
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Documents .
12/21 Moving Forward , Developing Brewster' s Local Comprehensive Plan
Hal Minis , Chair and Sharon Tennstedt , Vice Chair of the Vision Planning Committee presented the update to the Board .
Minis stated that the VPC has a two�part charge : 1 . To foster outreach around the implementation of the 2018 Vision Plan .
A progress report was prepared in June 2021 on this part of the charge , and 2 . To work with Town staff and the
Community to develop a Local Comprehensive Plan ( LCP) based on the Vision Plan goals , This part of the charge is
underway , Another part of the committee' s charge is to work with town staff and the community to develop a Local
Comprehensive Plan using the Vision Plan framework , The committee has adapted the Vision Plan to updated Cape Cod
Commission LCP regulations and Regional Policy Plan goals , Minis stated that the committee plans for broad public
outreach to determine actions . The committee hopes that the LCP will provide detailed guidance for zoning reform and
other Town actions and investments , Minis stated that the LCP should be available for community review this summer
and for adoption at the 2022 Fall Town Meeting , Minis summarized the steps that had to be taken in drafting the LCP
based on Cape Cod Commission guidance , Minis discussed public outreach and the desire to produce a citizen �driven
LCP like the Vision Plan to build legitimacy , Minis stated that the committee is looking to increase representation of
groups that did not participate in the Vision Plan and will try to make participation accessible by going out to the
community and publicizing in various groups , The committee would like to build relationships with Town staff and
organizations for engagement and implementation of the LCP while the plan is being put together,
Minis discussed outreach efforts specifically the public survey , The survey will gather input to refine the actions for the
LCP , Minis stated that the survey will ask people to rate the importance or agree/disagree with actions across the Vision
Plan building blocks and new LCP actions for climate mitigation and solid waste , Minis stated that the survey will be
available online and in paper copy at Town Hall , the Council on Aging , and the Brewster Ladies Library , The survey will
go live on February 1st and will be available through February 28th , Minis stated that the committee hopes to receive at
P13 Minutes 01 /26/22 Page 1 of 5
least 1500 responses . In addition to the survey , Minis discussed events that would be held throughout town including
pop- up events and focus groups on matters such as a town center, affordable housing , and efforts to protect natural
resources and the water supply . Minis stated that the survey link would be posted on the town website , and he
encouraged everyone to take the survey .
Hillis- Dineen thanked the Vision Planning Committee for all their work and looks forward to participating in the process .
Tennstedt asked the Planning Board to help get the word out on the survey and encourage people to participate in the
survey .
Degen stated that great work has been done by the Vision Planning Committee and it is encouraging to see work moving
forward . Degen stated that there would be various groups of survey responders including residents and taxpayers and
wondered if there would be analysis of how various groups responded to the survey . Tennstedt stated that there would
be subgroup analysis done on the data . Further, the survey includes socio-demographic questions and results can be
sorted and cross-tabulated to see the responses of various groups .
Koch stated that he appreciated the work of all those involved in the vision planning process and suggested the
committee provide more detail on the groups that were underrepresented in the previous vision planning process . Minis
responded that although there were various outreach efforts in the initial vision planning process , young families and
students were the underrepresented groups .
Taylor thanked the VPC for all their work . She asked if the results of the APCC/HAC project will be incorporated into the
LCP . Minis stated that the results of the APCC /HAC project will be reviewed by the committee and that maps being
created because of the project may be used at the pop-up events . Taylor explained that the APCC/HAC project was one
that reviewed where to focus housing efforts and where to focus on protecting environmentally sensitive areas .
Bebrin discussed the committee' s outreach efforts which include reaching out to young families and renters . She
remirided everyone that the survey would be live soon and encouraged participation . Wallace reiterated the importance of
participating in the survey as it will impact many aspects of Brewster.
Minis encouraged everyone to visit the town website where there will be a direct link to participate in the survey .
Announcements regarding the survey will be sent through many town organizations . The survey is estimated to take
about 15 minutes to complete .
Sal Di Fede , 26 Clements Road , requested to speak but his comment was related to the public hearing scheduled for that
evening , so he was asked to hold his comment until the public hearing was opened .
George Mihailidis , 57 Clements Road , requested to speak but did not provide comment when called upon .
Licia Fields , 33 Smith Lane , thanked the committee for their great work.
6 : 58 PM FOR YOUR INFORMATION
Wallace announced virtual public hearings taking place with the Cape Cod Commission on Thursday , January 271h .
Details can be found in the Planning Board packet on the town website .
St. Cyr stated that a joint virtual meeting of the Select Board and Board of Health on Water Quality Planning will take
place on Thursday , January 27th at 6 : 00 pm .
7 : 00 PM PUBLIC HEARING
Special Permit and Site Plan Review Application #2022 -01 : Applicant: Ocean Edge Resort LLC . Owners : 2851 Main
Street Holdings LLC and Fieldstone Holdings LLC , Representative : John O' Reilly , J . M . O' Reilly & Associates , Inc . for
property located at 2851 Main Street and 0 Main Street and shown on Assessor' s Map 90 , Lot 153 and Lot 210 in the
Residential Medium Density ( R4 ) zoning district. The Applicant seeks a special permit and site plan approval to a
construct a parking facility for use by club members and their guests adjacent to a private recreational facility pursuant to
§ 179-22 B ( 1 ) , § 179-51 , § 179-64 , and Table 1 Use Regulations , Commercial #30 of the Brewster zoning bylaw.
Documents .
• 1 /26/22 Planning Staff Memo
• 1 /26/22 Letter from Attorney Michael Ford
PB Minutes 01 /26/22 Page 2 of 6
Motion by Hillis -Dineen to Open Public Hearing on Special Permit and Site Plan Review Application #2022 -01 .
Second by Degen . Roll call vote : Taylor-aye ; Koch -aye ; Bebrin -aye ; Hillis -Dineen -aye ; Degen -aye ; and Wallace-
aye . Votes 6 -0 -0 .
Attorney Michael Ford of Ford and Ford and John O ' Reilly of J . M . O ' Reilly & Associates , Inc . participated on behalf of the
Applicant Ocean Edge Resort LLC , Jonathan Silverstein of KP Law, Town Counsel , also participated .
Ford stated that upon review of the Planning Staff Memo dated January 26 , 2022 regarding the requirement for Cape Cod
Commission review and discussion with the Applicant and Owner, he would like to request that the application be
permitted to be withdrawn without prejudice . Ford stated that a jurisdictional issue has been raised which may result in a
redesign of the project .
Wallace stated that there are Cape Cod Commission guidelines which require a first review by the Commission for
disturbed areas of 40 , 000 SF or more . The project is proposed to disturb more than 40 , 000 SF . Silverstein stated that
the proposed project would trigger a mandatory referral to the Cape Cod Commission , The Applicant has made a request
to withdraw the application and that is within the Planning Board ' s ability to approve .
Attorney David Reid representing Canice McGarry of 50 Ellis Landing Road asked the Board to recognize that had the
application proceeded there would have been a great deal of opposition as to the merits of the application . Reid asked
that the record reflect that McGarry is present and is prepared to oppose the application on its merits along with a lot of
other people . Reid asked that the Board understand , and the record reflect that this is the third time in about two years
that Ocean Edge has proposed development of this site and the third time that in the face of opposition they have asked
to withdraw which is not fair to the neighborhood . He stated that he hoped that the applicant would take this into
consideration and not cause further distress to the neighbors with subsequent requests of the same nature .
Ford stated that the prior application referred to by Reid was a renovation of the Nickerson property that the Applicant
worked on for a long time with the Historical Commission and Old King ' s Highway . The prior application was for a use
variance through the Zoning Board of Appeals and when the Applicant could not reach an agreement with the abutters the
application was withdrawn . Ford stated that the application before the Planning Board is an entirely different application
and the only reason it is being withdrawn is due to the jurisdictional question raised .
Motion by Bebrin to Allow Withdrawal Without Prejudice for Special Permit and Site Plan Review Application
#2022 -01 for Ocean Edge Resort LLC for property located at 2851 Main Street and 0 Main Street. Second by
Hillis -Dineen . Koch explained that the Board was only voting on the Applicant' s request to withdraw the
application without prejudice . The Applicant can re-apply. Bebrin thanked everyone who took the time to submit
public comment on the application and appreciated reading the different points of view. Roll call vote : Hillis -
Dineen -aye ; Degen -aye ; Koch -aye ; Taylor-aye ; Bebrin -aye ; and Wallace-aye . Vote : 6-0-0 .
Wallace thanked the public for submitting their comments and engaging in the process . He then allowed for questions
from the public.
David Faherty , 60 Clements Road , asked why the application came before the Planning Board and not the Zoning Board
of Appeals . Wallace directed Faherty to contact staff as the application has been withdrawn and the Board will not
engage in discussion as to the specifics of the application . Wallace further stated that the application was correctly before
the Planning Board .
i
Carolyn Noering , 50 Gilbert Road , asked why the application was not sent to the Cape Cod Commission sooner. Wallace
responded that the town has been without a Town Planner since September and the need for Cape Cod Commission
review was only recently discovered . Koch reiterated Wallace ' s comments .
Donna Bundock , 11 Captain Dunbar Road , asked how many times the Applicant could bring this application to the Board .
Wallace responded that this was the first time the Board has seen this application . Further, Wallace stated that there are
laws against repetitive applications . Silverstein further explained that there is a statute that prohibits repetitive petitions
which can be waived by the Planning Board however this would not be a repetitive petition as it has not come before the
Board within the past two years .
Carolyn Noering , 50 Gilbert Road , stated that she believes the Applicant and their legal team were aware that Cape Cod
Commission review was necessary .
Page 3 of 6
PB Minutes 01 /26/22
Karen Quinn , 31 Robert Road , agreed with Noering ' s comments , She stated she believed this was a maneuver by the
Applicant against a neighborhood and community opposed to a parking lot.
Carl Simone , 75 Ellis Landing Road , asked if letters submitted to the Planning Board for this application would be shared
with the Cape Cod Commission , Wallace responded that the application to the Cape Cod Commission would be a
separate application , but the Applicant would still have to proceed through the Planning Board after Cape Cod
Commission review . Simone asked if the application would be through the Planning Board or the Zoning Board , Wallace
responded that it depends on what type of application is filed but if the application was similar to the previously filed
application , it would be submitted to the Planning Board ,
Donna Bundock and David Faherty both requested to speak again but did not respond when called upon .
Degen asked Town Counsel if a decision by the Cape Cod Commission for any land use issue supersedes town bylaws
and zoning , Silverstein responded that the Cape Cod Commission could issue a decision of approval with conditions and
send it back to the Planning Board , The Planning Board could not eliminate any of those conditions but could include
more stringent conditions .
David Faherty , 60 Clements Road , asked why an application like the Applicant' s would not be filed with the Zoning Board
since it relates to a zoning issue , Greenhalgh responded that the Zoning Enforcement Officer with assistance from Town
Counsel , if needed , decides whether an application is properly before a board . Faherty responded that he did not realize
there were internal discussions about which board should hear the application and there was confusion as to whether the
application was before the right board . Wallace responded that he believed that the application was properly before the
Planning Board .
Hillis- Dineen asked for clarification regarding the status of the application , The application was withdrawn and is not
being referred to the Cape Cod Commission , Hillis- Dineen also sought clarification on the Board ' s ability to deny an
application approved by the Cape Cod Commission , Wallace stated that the Board had the ability to deny an application
approved by the Cape Cod Commission .
Greenhalgh stated that if an applicant is aware that an application will trigger Cape Cod Commission review, they can
apply directly to the Commission . Generally , an application is made to a board , commission , or building commissioner at
which time it is sent as a mandatory referral for development of regional impact ( DRI ) review , Greenhalgh further stated
that the Commission will scrutinize and mold a project to fit the Commission ' s standards and is then sent back to the local
board for review, The Board would follow the same hearing process and has the option to approve , approve with
conditions , or deny the application , Wallace stated that if the Applicant had not withdrawn their application the Board
would have made a motion to refer the application to the Cape Cod Commission .
" Drew" asked if all the comments submitted to the Planning Board would be forwarded to the Cape Cod Commission for
their review, Greenhalgh responded that the Applicant withdrew their application so there is no pending application and
comments will not be forwarded to the Cape Cod Commission . If a new application is filed that triggers Cape Cod
Commission review it will be sent to the Commission as a mandatory referral . The Cape Cod Commission will hold a
public hearing and abutters will be notified and can offer comment, Drew asked how long Cape Cod Commission review
would take . Greenhalgh responded that she has seen projects take six months and some take two years for review.
Carolyn Noering , 50 Gilbert Road , stated that she is familiar with Cape Cod Commission review and so is the Applicant .
Canice McGarry requested to speak but did not respond when called upon .
Ed Wanamaker expressed concern that an application reviewed and scrutinized by the Cape Cod Commission would not
be fully reviewed by the Planning Board , Wallace responded that he would review the application and make his decision
based on what was presented ,
Mark Wilson , 70 Bonnie Doone Cartway , asked if comments submitted for the application can be used for any application l
that comes back to the Planning Board from the Cape Cod Commission or will comments have to be re-submitted .
Wallace responded that comments would need to be re-submitted because it will be a different application .
Canice McGarry requested to speak again but did not respond when called upon .
Page 4 of 5
PB Minutes 01 /26/22
George Mihailidis , 57 Clements Road , asked if the comments submitted for this application could be requested and then
resubmitted for the next application . Greenhalgh responded that any application , that comes back will be a new proposal
and any comments submitted need to be relevant to that new proposal
Drew asked that the Planning Department notify everyone that submitted comments on this application of any new
application that is submitted . Wallace suggested that he contact the Planning Department to be included on the agenda
email list.
Degen asked about the documents submitted for this application and. Greenhalgh explained that the documents would be
stored in the Planning Department files .
Wallace directed anyone with additional questions to contact the Planning Department.
7 : 37 PM PLANNING DISCUSSION CONTINUED
Review and Discuss 2021 Planning Board Annual Report.
The Board reviewed and discussed the draft annual report. Town staff, Horsley Witten , and Kari Hoffmann , Select Board
Liaison , were thanked for all their assistance with preparing the bylaws for Fall Town Meeting . Degen suggested that the
annual report include the Board ' s work on goals , revision of the fee schedule , tour of Serenity Brewster, and review of the
2021 Open Space and Recreation Report. Hillis- Dineen noted that there was currently a vacancy on the Board and
encouraged residents to apply . Taylor would like to see the letter of support the Planning Board submitted for the 2021
Open Space and Recreation Plan included in the annual report. Koch thanked the Board for the assistance and support
they have provided him since he joined . Bebrin agreed with Degen ' s suggestions for inclusions to the annual report
including touring of Serenity Brewster.
Motion by Hillis -Dineen to Approve the 2021 Annual Report, as Discussed and Amended , and to Allow the Chair
to Approve a Final Report for Submission . Second by Degen . Roll call vote : Taylor-aye ; Koch -aye ; Bebrin -aye ;
Hillis -Dineen -aye ; Degen -aye ; and Wallace-aye . Vote : 6 =0 -0 .
7 : 47 PM PLANNING DISCUSSION CONTINUED
Approval of Meeting Minutes : November 10 , 2021 .
The Board reviewed the November 10 , 2021 meeting minutes . Motion by Degen to Approve November 10 , 2021
Meeting Minutes , as amended . Second by Bebrin . Roll call vote : Hillis -Dineen -aye ; Taylor-aye ; Degen -aye ; Koch -
ayes Bebrin -aye ; and Wallace -aye . Vote : 6 -0 -0 .
7 : 50 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Wallace welcomed and thanked Charleen Greenhalgh . Wallace stated that there would be no meeting on February 9th .
St . Cyr stated that no applications have been received for the February 23rd meeting but a tutorial on stormwater
management is possible .
Bebrin encouraged everyone to participate in the Vision Planning Committee' s survey .
The Board thanked Roberta Barrett for her service and all her work with the Board .
Motion by Bebrin to adjourn . Second by Degen . Roll call vote : Koch -aye ; Bebrin -aye ; Taylor-aye ; Degen -aye ;
Hillis -Dineen -aye ; and Wallace -aye . Vote : 6 -0-0 .
Meeting adjourned at 7 : 52 pm .
Next Planning Board Meeting Date : 02/09/22
Respectfully submitted ,
i
wi
i
Lynn t . C r, Senior De rtment Assistant, Planning
PB Minutes 01 /26/22 Page 5 of 5