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Home My Public Portal AboutPlanning Board -- 2022-06-22 Minutes`\\\\\\\'"';°F W s //,/, Brewster Planning Board E�DEH TF 2198 Main Street o 0 Brewster, MA 02631 A 898 0 ti (508) 896-3701 x1133 r _ brewplan@brewster-ma.gov BREWSTER PLANNING BOARD %��i/Oi///l11/IIII111111IIIIUD\\\��""`\\\ MEETING MINUTES Wednesday, June 22, 2022 at 6:30 pm Brewster Town Office Building (virtual) Approved: 08/10/22 Vote: 5-0-0 Chair Madalyn Hillis -Dineen convened a remote meeting of the Planning Board at 6:30 pm with the following members participating remotely: Amanda Bebrin, Charlotte Degen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also participating remotely: Jon Idman, Town Planner and Lynn St. Cyr, Senior Department Assistant. Thi%)I I 1cm; "U 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.ctov). The Planning Board Packet can be found at: httL//records brewster-ma pov/weblink/0/fol/118269/Row1.aspx or by going to the Planning Department page on the Town of Brewster website (www.brewster-ma.gov). Hillis -Dineen declared that a quorum of the Planning Board was present. 6:33 PM CITIZEN'S FORUM No citizen comments. 6:34 PM PUBLIC HEARING Road Betterment Petition, Case No. 2022-03: Property Owners on Ridgewood Drive, through their representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., have submitted a petition requesting financing for various road repairs to Ridgewood Drive, a private way (shown on Tax Maps 25 and 26), under the Town's Betterment and Assessment program in accordance with and pursuant to Chapter 157, Article VIII, of the Brewster Code. Documents. • 12/14/21 Memorandum from John O'Reilly with cost estimates and site plan • 03/10/22 Memorandum from James Gallagher • 05/10/22 Email from Erika Mawn • 06/13/22 Planning Staff Memorandum • 06/13/22 Letter from Margery Buswell • 06/13/22 Email from Robert Foscaldi • 06/22/22 Department Review Comments • Informational document for filing of road betterment petitions • Town Code §157-20 Private Road Betterment John O'Reilly, Jamie Veara, and Brad Malo participated remotely on behalf of the petitioner property owners on Ridgewood Drive. O'Reilly stated that the road betterment will address a drainage issue that exists at the entrance off Route 6A. He noted that when MA DOT made improvements to Route 6A they eliminated a berm and now the road is receiving runoff from Route 6A which is exacerbating the drainage issue. The existing drainage will be improved; and the road repaired from the edge.of pavement at Route 6A to approximately 75 feet down the road. O'Reilly stated that signatures were obtained from property owners on Ridgewood Drive and the requisite 50% plus one supported the road betterment petition. O'Reilly stated that the betterment cost is approximately $85,000 and that is the amount that would be requested from Town Meeting. Once adopted, the town will prepare construction documents for the public bidding process. The construction costs along with the engineering costs and oversight will be the responsibility of the homeowners. Michaels asked about the estimates provided as one of the three estimates was much lower and did not contain the same scope of work. He wondered if that would impact the process. O'Reilly responded that contractors were asked to provide a budgetary number as the project is in the conceptual phase. The formula used to estimate the cost to the homeowner is PB Minutes 06/22/22 Page 1 of 4 based on an average of the estimates plus contingency, engineering fees, administrative fees, and bonding. The intent is that the homeowners would see a 20-30% savings through a competitive bid process. Degen asked for clarification on the number of abutters needed to bring forth a road betterment petition. Jamie Veara, 91 Ridgewood Drive, responded that the subdivision plan that created Ridgewood Drive shows 15 lots however Lot 1 abuts Route 6A not Ridgewood Drive and therefore should not be included in the number of abutters. Veara stated that, as confirmed by the Assessor, there are 8 homeowners who signed onto the road betterment which meets the requisite 50% of abutters plus one to begin the petition process. Degen confirmed with the Applicant that the costs would be divided among 14 property owners. Bebrin asked for clarification as the project includes repairs to 75 feet of the roadway but the estimates reference work to 2000 SF of the road. O'Reilly responded that the 2200 SF of pavement equates to 75 feet of length of the road. Wentworth asked if using these funds for road betterment projects affects the budget for working on town roads. O'Reilly responded that this project will not impact public funds. Bob Foscaldi, 87 A.P. Newcomb Road, stated that he owned Lot 16 which is not a buildable lot. He is in favor of improving the road. He asked whether an assessment of the current drainage system has been done to determine whether it can be repaired instead of replaced. He suggested maintenance to the existing system, raising catch basins, and elevating the finished road surface closer to Route 6A may be a less costly fix to the drainage issue. Veara responded that the residents had the catch basins cleaned about 34 years ago through a program offered by the DPW. Veara further stated that the road has suffered from drainage issues for many years, and he believes the existing drainage is beyond repair. Brad Malo, 62 Ridgewood Drive, stated that he is an engineer, and he personally inspected the drainage system. In his opinion, the existing drainage system is beyond repair. Degen read the department review comments dated June 22,2022 into the record. Idman responded to a question posed earlier in the meeting by Wentworth regarding financing of the betterment. Idman stated that the Select Board was tasked with looking at the Town's financial capability before referring the petition to the Planning Board. Idman also stated that 14 lots were looked at for this petition and the Applicant provided the required number of signatures of support to move the petition forward. Idman also stated that comments made by Mr. Foscaldi regarding his lot were not relevant at this stage of the petition process. He also noted that if the Planning Board votes to endorse the plan, there will an additional proxy vote of the property owners before moving forward to Town Meeting. Idman stated that he believes the Board has the information needed and that the 8 signatures of property owners supporting the petition is sufficient for the petition to be before the Planning Board. Michaels read the memorandum from James Gallagher dated March 10, 2022 and the letter from Margery Buswell dated June 13, 2022 into the record. Bebrin asked the Board to consider a condition of endorsement that the project engineer provide a certification that the useful life of the proposed repairs is at least 15 years. O'Reilly responded that he would provide a written certification to the Board. Idman stated that O'Reilly could provide a written certification or revise the plan with a note certifying that the useful life of the road repairs is at least 15 years. O'Reilly stated that he would either send a letter or revise the plan with a note stating that the repairs are suitable for at least 15 years if they are properly maintained. The Board agreed that O'Reilly could provide certification in the form of a letter. Motion by Degen to Endorse Road Betterment Petition, Case No. 2022.-03, "Ridgewood Drive -Road Betterment, Site Plan for Road -Schematic, Ridgewood Drive, Brewster, MA" prepared by J.M. O'Reilly &Associates, Inc. with a revision date of June 3, 2022 with the condition discussed. Second by Bebrin. Roll call vote: Degen-aye; Michaels -aye; Freitas -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 7-0-0. 7:05 PM PLANNING DISCUSSION Discussion and potential vote to recommend Select Board appoint Planning Board representatives to the Vision Planning _Committee and Water Quality Review Committee. Documents: 2022 Vision Planning Committee Meeting Schedule Vision Planning Committee Charge • Town Code Chapter 179, Article XI, Water Quality Protection District, Sections 155 and 161 PB Minutes 06/22/22 Page 2 of 4 Bebrin, who currently serves on the Vision Planning Committee (VPC), summarized the work of the VPC and noted that the VPC is currently meeting in person on the first and third of each month at 3:30 pm. Wentworth expressed interest in joining the VPC. Motion by Bebrin to Recommend the Select Board Appoint Alex Wentworth as a Planning Board Representative to the Vision Planning Committee. Second by Degen. Roll call vote: Degen-aye; Michaels -aye; Freitas -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 7-0-0. Hillis -Dineen served as an alternate to the Planning Board's representative to the Water Quality Review Committee (WQRC) and stated that it was not a heavy workload. She also noted the importance of the work. The committee meets on the third or fourth Friday of the month at 9 am, as needed. Degen and Michaels both expressed interest in positions on the WQRC. Motion by Bebrin to Recommend the Select Board Appoint Rob Michaels as the Planning Board Representative to the Water Quality Review Committee and Charlotte Degen as the Planning Board Alternate to the Water Quality Review Committee. Second by Freitas. Roll call vote: Degen-aye; Michaels -aye; Freitas -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 7-0-0. 7:15 PM PLANNING DISCUSSION CONTINUED Discussion and potential vote to delegate enforcement authority/designate enforcement agent(s) under Brewster Stormwater Management Bylaw. Documents. • Planning Board Document Delegating Enforcement Authority and Designating Enforcement Agents Idman explained that the Stormwater Management Bylaw names both the Planning Board and Conservation Commission as the Stormwater Management Authority. The bylaw gives both the Planning Board and Conservation Commission the power to delegate their enforcement authority to an agent or agents and to designate an enforcement agent or agents. Idman stated that, after speaking with town staff and administration, it is being proposed that the Planning Board delegate its enforcement authority to each or both the Building Commissioner and the Town Planner and designate each or both the Building Commissioner and the Town Planner as its enforcement agents. Degen suggested a status review approximately a year out to speak with the Building Commissioners and the Town Planner to hear about their experiences with the Stormwater Management Bylaw and enforcement of the bylaw. Michaels asked for clarification as to who would have enforcement authority on behalf of the Planning Board and Idman responded that it could be either the Building Commissioner or the Town Planner individually or both the Building Commissioner and the Town Planner together. Idman gave an example of an enforcement letter that was just sent out from both the Building Commissioner and the Town Planner. Motion by Bebrin to Delegate the Planning Board's Stormwater Enforcement Power and Duties to the Building Commissioner and the Town Planner. Second by Freitas. Roll call vote: Degen-aye; Michaels -aye; Freitas -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 7-0-0. 7:21 PM PLANNING DISCUSISON CONTINUED Discussion and review of draft administrative forms and documents prepared by staff to implement the Brewster Stormwater Management Bylaw. Documents: • Stormwater Management Permit Application Form • Stormwater Management Permit Form • Stormwater Management Permit Certificate of Compliance The Board thanked staff for preparing the forms and documents and found them helpful. Motion by Degen to Accept the Administrative Forms and Documents Prepared by Staff to Implement the Brewster Stormwater Management Bylaw, as presented. Second by Bebrin. Roll call vote: Degen-aye; Michaels - ayes Freitas -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; and" Vote: 7-0-0. PB Minutes 06/22/22 Page 3 of 4 7:23 PM PLANNING DISCUSSION CONTINUED. Approval of Meeting Minutes: May 25, 2022. The Board reviewed the May 25, 2022 meeting minutes. Motion by Degen to Approve May 25, 2022 Meeting Minutes. Second by Bebrin. Roll call vote: Degen-aye; Michaels -aye; Freitas -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 7-0-0. Approval of Meeting Minutes: June 6, 2022. The Board reviewed the June 6, 2022 meeting minutes. Motion by Degen to Approve June 6, 2022 Meeting Minutes. Second by Freitas. Roll call vote: Degen-aye; Michaels -aye; Freitas -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 7-0-0. 7:26 PM FOR YOUR INFORMATION Documents. • 06/10/22 Memorandum from Peter Lombardi and Donna Kalinick to Select Board regarding Upcoming Schedule & Format for Town Committee Meetings • Chapter 272 Stormwater Management Bylaw Guidance Document Hillis -Dineen reviewed meeting formats provided in the memorandum from Town Administration. She expressed concern regarding the ventilation in the meeting rooms at Town Hall, Taylor stated that she recently attended a meeting at Town hall and the windows were not opened but there was a dehumidifier running. Bebrin stated that the Vision Planning Committee has been meeting in person for over a month. The Board reviewed the Stormwater Management Bylaw Guidance Document. Michaels asked where questions, comments, revisions to the guidance document should be directed. Idman responded that any comments on the guidance document could be emailed to staff. Motion by Bebrin to Adjourn. Second by Freitas. Roll call vote: Degen-aye; Michaels -aye; Freitas -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 7-0-0. Meeting adjourned at 7:33 pm. Next Planning Board Meeting Date: 07/13/22 Respectfully submitted, Hssistant, running PB Minutes 06/22/22 Page 4 of 4