HomeMy Public PortalAboutPlanning Board -- 2022-08-10 Minutes\\\o �0`�'E"w"s%L,,,, Brewster Planning Board Approved: 9/28/22
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Brewster MA 02631-1898
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brewplan@brewster-ma.gov
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MEETING MINUTES
Wednesday, August 10, 2022 at 6:30 pm
Brewster Town Office Building (virtual)
Chair Madalyn Hillis -Dineen convened a remote meeting of the Planning Board at 6:30 pm with the following members
participating remotely: Amanda Bebrin, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Charlotte Degen and Tony
Freitas were not present. Also participating remotely: Jon Idman, Town Planner and Lynn St. Cyr, Senior Department
Assistant.
Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in accordance
with applicable law. This means that members of the public body may access this meeting in person, or via virtual means.
In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public
body may attend remotely. No in-person attendance of members of the public will be permitted, and public participation in
any public hearing conducted during this meeting shall be by remote means only. The meeting will be broadcast live, in real
time, via 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 on 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.
6:34 PM CITIZEN'S FORUM
No citizen comments.
6:36 PM PUBLIC HEARING
Road Betterment Petition Case No. 2022-04: Property Owners 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 Bay
View Drive, Cranberry Lane, Deer Path Circle, Jam Lane, Mayflower Circle, and Vesper Pond Drive, private ways (shown
on Tax Maps 137 and 138), under the Town's Betterment and Assessment program in accordance with and pursuant to
Chapter 157, Article VIII, of the Brewster Code.
Documents.
• 06/13/22 Memorandum from John M. O'Reilly with cost estimates and site plan
06/15/22 Memorandum from James Gallagher, Deputy Assessor
07/12/22 Email from Conor Kenny, Project Manager
• 07/25/22 Memorandum from Jon Idman, Town Planner
• 08/05/22 Department Review Comments
• Informational document for filing of road betterment petitions
• Town Code §157-20 Private Road Betterment
John O'Reilly, P.E., P.L.S. of J.M. O'Reilly &Associates, Inc., and Dave Valcourt, 96 Deer Path Circle, participated
remotely on behalf of the petitioner property owners. Valcourt stated that the Vesper Pond neighborhood consists of six
streets with single entry and exit access from Vesper Pond Road off Route 6A. Valcourt stated that the roads experience
double traffic since there is only a single entry and exit access point. The roads are privately owned and used by both
residents and the public. Valcourt noted that these are the original roads, and they are almost 50 years old. The residents
have attempted to maintain the roads by filling potholes and mitigating drainage issues, but the work needed now is
beyond their ability. Valcourt stated that the road betterment process started in 2019 but has been delayed due to COVID,
revisions to bylaws, and revisions to proxy sheets. The property owners have voted four separate times on the road
betterment. The standard of 50% + 1 of property owners needed to move the road betterment petition forward has been
met,
PB Minutes 08/10/22 Page 1 of 4
O'Reilly explained that the road betterment petition includes work on five roads which totals just under 5800 lineal feet of
road. The current roads contain very little drainage. There are scattered catch basins which have been looked at and
need to be upgraded. This project is a complete reconstruction of the road and includes pulverizing the entire paved
surface of the road and shaping of the road to allow water to be redirected. The road will have a much more robust road
base. The roads are 45-55 years old and were constructed with a "hardening" method using sand and silt. The project
will add 2 inches of t -base and 3.5 inches of asphalt. The project is not increasing pavement particularly in the areas of
wetlands. An application to the Conservation Commission will be filed after approval at Town Meeting. The project was
designed to provide better drainage and a safe rebuilt road. O'Reilly noted that three estimates for the cost of the work
have been provided. The current estimated budget is approximately $720,000 which equates to a cost of $12,697 for
each of the 57 property owners.
Michaels stated that he drove through the neighborhood and it is evident that the roads need work especially in the low
areas. Michaels asked for clarification on the scope of work including proposed work to Bay View Drive and Jam Lane.
O'Reilly noted that the scope of work includes Bay View Drive, but Jam Lane is a gravel driveway that leads to two homes
which will not be paved. There will be work to the berm and apron.
Hillis -Dineen stated that she also drove through the neighborhood and believes this will be a valuable project.
Wentworth asked if there was a town cap on funds spent or number of road betterment projects for a year and wondered
if these projects would cut into the budget for public road work, Idman responded that road work to private roads comes
from a separate funding source due to a 2006 special act that allows for a special type of borrowing for betterment
projects. Idman further stated that the Select Board determines, prior to referral to the Planning Board, whether the town
has the financial capability to provide a road betterment.
Taylor asked what type of drainage would be used for areas within the 50 -foot buffer and O'Reilly responded that
retention or grass swales will be used in those areas.
Bebrin read the Department Review Comments dated August 5, 2022 into the record.
Hillis -Dineen noted that staff suggested a condition of endorsement that the Board request a certification from the project
engineer that the useful life of the proposed repairs is at least 15 years.
Motion by Bebrin to Endorse Road Betterment Petition Case No. 2022-04, with the condition that a certification of
the useful We of tine road will be provided by the project engineer. Second by Taylor. Roll call vote: Wentworth -
aye; Michaels -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 5-0-0.
6:57 PM PUBLIC MEETING
Approval Not Required, Case No. 2022-05: Applicant Roger Bassett through his representative John M. O'Reilly, P.E.,
P.L.S. of J.M. O'Reilly & Associates, Inc., has submitted an application seeking endorsement of a 2 lot Approval Not
Required Plan for property located at 240 Tubman Road, shown on Tax Map 55, Parcel 142 within the Residential Rural
and Residential Medium Density Zoning Districts. The plan is pursuant to MGL c. 41 §81 L and §81 P and §290-4 of the
Brewster Subdivision Rules and Regulations.
Documents:
• 07/22/22 Approval Not Required Plan
• 07/25/22 Approval Not Required Application with supporting documents
• 07/28/22 Memorandum from Jon Idman, Town Planner
John O'Reilly, P.E., P.L.S. of J.M. O'Reilly &Associates, Inc., participated remotely on behalf of the Applicant Roger
Bassett. O'Reilly explained that the ANR plan divides one lot into two lots with both lots having the required frontage and
area, O'Reilly stated that he believes the division meets the requirements of an ANR.
Michaels confirmed with O'Reilly that the property was a split zone property with portions falling within the Residential
Medium Density and Residential Rural zoning districts and that there was sufficient frontage in both zoning districts. He
asked how the application would be handled if there was not sufficient frontage for both zoning districts. Idman responded
that the zoning bylaw does not address this question and the Planning Board may wish to consider an amendment to the
bylaw to address it. There are some communities that address dimensional and use requirements for split zone lots, but
Brewster does not have such a provision outside of the natural resource protection district which is a type of development
in the DCPC area.
PB Minutes 08/10/22 Page 2 of 4
Motion by Taylor to Endorse Approval Not Required, Case No. 2022-05. Second by Bebrin. Vote: Wentworth -aye;
Michaels -aye; Bebrin-aye; Taylor -aye; and Hillis -Dineen -aye. Vote: 5-0-0.
7:01 PM PLANNING DISCUSSION
Review and provide feedback on the goals identified in the Select Board FY22-23 Strategic Plan.
Documents.
• 08/01/22 Email from Peter Lombardi, Town Administrator with attachments
The Board discussed the goal of launching an electronic permitting platform and asked Idman for his thoughts on the
program. Idman stated that Planning Board decisions are not administrative but discretionary and made in public so
applying this platform to planning permits will not work the same as applying it to building permits which are made
administratively. Idman also stated that the Board does not need to limit their comments to building blocks and goals for
which they are stakeholders.
Taylor stated that she was surprised to see that there were no goals related to climate change and energy issues. Bebrin
responded that the strategic plan is based on the 2018 Vision Plan. The Local Comprehensive Plan (LCP) which is being
developed now includes two additional building blocks related to solid waste and climate adaptation and mitigation.
Bebrin noted that the Select Board Strategic Plan is a two-year plan so it is likely that their next strategic plan will be
based on the LCP and contain the two additional building blocks mentioned. Idman stated that there will be a joint public
hearing of the Select Board and Planning Board prior to Town Meeting to discuss the LCP. The Vision Planning
Committee (VPC) is currently taking comments from the public on the draft action plan and overview. Taylor stated that
open space and water resources were top priorities detailed in the Vision Plan and she expressed concern that these
priorities may not fit into the Select Board strategic plan, Idman stated that the LCP is not yet complete but once
completed he would expect the actions in the LCP would become goals of the Select Board Strategic Plan.
Michaels stated that there was only one coastal management goal in the Select Board Strategic Plan, and he expected
more goals related to coastal management. Idman stated what within the. LCP there is one goal for coastal management
but there are multiple purposes associated with each goal and several actions related to each purpose will be included in
the LCP and direct the Select Board Strategic Plan.
Wentworth mentioned that he has received comments from customers and others on the Wing Island boardwalk project
which have not been positive. The project is listed as a goal for the FY22-23 Select Board Strategic Plan. Hillis -Dineen
stated that she has also heard comments on the boardwalk project some in favor and others not in favor. Idman
commented that the LCP will lead to more granular planning for specific projects. There may be actions to implement the
Wing Island boardwalk and the Drummer Boy master plan but there will be further discussion on how those projects are
implemented.
Michaels asked whether a demolition delay bylaw should be included in the Select Board Strategic Plan. Idman
responded that a demolition delay bylaw is referenced in the draft action plan under community character. There is a
proposed action to evaluate whether such a bylaw is needed in Brewster and more discussion is needed.
Bebrin stated the Select Board drafts a strategic plan every two years that includes actions that can be worked on and
possibly completed in the near term. The Vision Plan includes high level priorities to be completed over a longer term.
The LCP is a planning document that will be used 5-10 years out.
The Board, as a group, did not have any comments to send to the Select Board on the FY 22-23 Strategic Plan. They
were asked to send individual comments directly to the Select Board.
7:18 PM PLANNING DISCUSSION CONTINUED
Approval of Meeting Minutes: June 22, 2022. '
The Board reviewed the June 22, 2022 meeting minutes. Motion by Bebrin to Approve June 22, 2022 Meeting
Minutes. Second by Wentworth. Roll call vote: Wentworth -aye; Bebrin-aye; Taylor -aye; Michaels -aye; and Hillis -
Dineen -aye. Vote:5-0-0.
Approval of Meeting Minutes: July 11, 2022.
The Board reviewed the July 11, 2022 meeting minutes. Motion by Bebrin to Approve June 22, 2022 Meeting
Minutes. Second by Wentworth. Roll call vote: Wentworth -aye; Taylor -aye; Bebrin-aye; Michaels -aye; and Hillis -
Dineen -aye. Vote:5-0-0.
PB Minutes 08/10/22 Page 3 of 4
7:20 PM COMMITTEE REPORTS
Bebrin stated that the VPC is in the final stages of preparing the LCP for Fall Town Meeting. Public comments on the
draft LCP will be taken until Friday, August 12th. Further information and documents are available for review on the Town
website. A hearing will take place prior to Town Meeting with the Select Board, Planning Board, and VPC to discuss the
draft LCP and there will be a vote to send it to Fall Town Meeting.
Bebrin stated that the Bay Parcel Planning Committee, made up of 11 members, has had three meetings to date and is
currently in the process of interviewing consultants to assist in the discovery phase to look at existing conditions at the bay
property. Public engagement is planned. The review is expected to take approximately 14 months.
Michaels stated that there was no JU meeting for the Water Quality Review Committee, so he has nothing to report.
Hillis -Dineen stated that the Affordable Housing Trust continues to work on the Millstone Road housing project and the
Housing Production Plan. Hillis -Dineen announced that childcare vouchers are available. Interested residents should
contact the Housing Office. She also announced that a housing fair was planned for October. The focus of the fair will be
to help people apply for rent subsidies and the buy down program. A more extensive fair is planned for the Spring. Hillis -
Dineen stated that Jill Scalise, Housing Coordinator, has been a great resource in preparing for the housing fairs. Hillis -
Dineen is also working with Maggie Spade from the Affordable Housing Trust on the housing fairs.
7:27 PM FOR YOUR INFORMATION
Michaels asked about the status of the Board's meetings and whether the Board will continue to hold their meetings via
Zoom. Idman responded that the option to conduct remote meetings has been extended through March 2023, The Select
Board may be interested in establishing a policy to move boards to a full hybrid schedule for both board/committee
members and the public. Idman expects the Select Board would seek feedback from boards and residents before making
changes to the current policy, Hillis -Dineen stated that adequate ventilation in the meeting rooms and other precautions
need to be taken before she would feel comfortable returning to in-person meetings or a hybrid format. Idman stated that
the current hybrid meeting format allows for board/committee members to meet remotely or via Zoom but the public
cannot attend meetings in-person.
Motion by Taylor to Adjourn. Second by Michaels. Roll call vote: Wentworth -aye; Bebrin-aye; Taylor -aye;
Michaels -aye; and Hillis -Dineen -aye. Vote: 5-0-0.
Meeting adjourned at 730 pm.
Next Planning Board Meeting Date: 08/24/22
Respectfully submitted,
Lynn St. C�r,F,�Senior Depari�rn'ent Assistant, Planning
PB Minutes 08/10/22 Page 4 of 4