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Home My Public Portal AboutPlanning Board Packet 12/14/22 second supplementalSPECIAL PERMIT AND SITE PLAN REVIEW CASE NO. 2022-10 APPLICANT/LESSEE: JDT INVESTMENTS, LLC PROPERTY: 2671 MAIN STREET Lynn St. Cyr From: Sent: To: Subject: Attachments: 0= 'KC approved site plan,pdf hi Lynn - not sure if this will come thru. I havve one more email with pics to send. thanks, Meridith Meridith Baier <mimsbrewster@gmail.com> Wednesday, ❑ecember 14, 2022 3:30 PM Lynn St. Cyr Pics for PB meeting 72022 Trailer retail usejpg; health dept notes 1122.jpg; Trailer SP Conditions.jpg; garden area pre patiojpg; patio pavers- pre patiojpg; Patio with lighting 72022.jpg; extended parking lot.jpg 1 Property Map PLANNING BOARD PPROVED Assessors Map 89 Lot 20 1 F tPicNIC TABIE F r 1 e=OCD TRCA f I ER .64c PlArl PA v on Approximate Property Line r-1.0 !if • AUG 5 2021 A;• f' at -.7.74a BOARD lOFAPPEALS f Bk 34568 1- 277 46744-38 10-14-2021 a 12 u 06p r 001111/110/0/ y//� > Town of Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 1133 ,Special Permit & Site Plan Waiver Approval # 2021-09 APPLICANT/OWNER: LOCATION: MAP/PARCEL: BOOK/PAGE: APPLICATION FILED: DECISION DATE: Danielle Panzica, TKC Investments 2671 Main Street, Brewster MA Assessors' Map 89, Lot 20 Book 34119, Page 190 June 22"d, 2021 August 11'h, 2021 APPLICATION: The Applicant proposes to establish a seasonal, limited food service use accessory to the principal restaurant use pursuant to Brewster zoning bylaws §179-11, and §179-51. The limited food service is proposed to be contained within a food trailer located on the site. The Applicant is seeking a waiver from Site Plan Review §179-66, and §179-67 of the Brewster zoning bylaw. JURISDICTION: The Planning Board shall be the Special Permit Granting authority for the.Application per Brewster Zoning bylaw Section 179-51 (Special Permit). The property is located in the Village Business (VB) zoning district. A public hearing was held on July 28 and August 11, 2021 via remote participation and advertised in the July 9, 2021 and July 16, 2021 editions of the Cape Codder. Notice was also duly posted in a conspicuous place in Town Hall for all parties interested. Abutters were notified on July 6, 2021. Deed of property is recorded in the Barnstable County Registry of Deeds Book 34119, Page 190. MATERIALS SUBMITTED TO THE RECORD: • Site Plan received August 51h'; 2021 Special Permit #2021-09 Findings & Conditions 1. As presented on the Site Plan received August 5'h, 2021, the applicant proposes no changes to the existing parking, circulation, or lighting conditions on the site in connection with the accessory food trailer use. 2. The food trailer May operate seasonally from 11AM to sundown between April and October. 3. Prior to receiving a Certificate of Occupancy for the principal restaurant use, the site.shall be suitably landscaped to protect the character of the neighborhood and adjacent property. 4. A bike rack shall be installed on the site. 5. The food trailer must be registered by MassDOT to be deemed a trailer and' not a structure. 6. Any future expansion or change of use recognized herein may require modification of the Special Permit and review under the Site Plan Review standards. Based on the plans and information submitted to the record, a motion was made by Degen and seconded by Bebrin to waive Site Plan Review requirements pursuant to Brewster Zoning bylaws § 179-67. Motion carried 7-0 (roll call vote: Degen, Bebrin, Taylor, Koch, Barrett, Hillis -Dineen, Wallace) A motion by Hillis -Dineen and seconded by Bebrin approved the Special Permit for the food trailer as an accessory use to the principal restaurant use. Motion carried 7-0 (roll call vote: Degen, Bebrin, Taylor, Koch, Barrett, Hillis -Dineen, Wallace) The Planning Board certifies that copies of this Decision and all plans referred to in it have been hied with the Planning Boar( nd the Town Clerk. This decision shall be recorded in the Barnstable County Registry of Deeds and roni f the filing provided to the Planning Department of Brewster, Massachusetts. Signe r allacc; .67V1(202/1 Date wool from this decision may be made pursuant to Massachusetts General Laws Chapter 40A Section 17, within 20 days of the filing with the Town Clerk. Filed with: TOWN CLERK: DATE RECEIVED: DM' 4'. A4� •�� This pen& trot valid until recorded in the Barnstable County Registry of Deeds and proof of the filing is received by the Town Clerk of Brewster, Massachusetts. Owt ` I hereby certify that the 20 day appeal period al OR n an ap' eat was taken on Special Permit #2021-09. THIS SPECIAL PERMIT WILL LAPSE 2 YEARS FROM THE DATE OF RELEASE BY THE TOWN CLERK FOLLOWING THE APPEAL PERIOD IF THE SPECIAL PERMIT IS NOT EXERCISED. BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Dam per mrr PsRcs Oa. errie McCullouc h rject: ad afternoon, Lynn, . ,nn St. Cyr Health Department comment for Special Permit and Site Plan Review Case No. 2022-10. 2671 Main Street - Map 89, Parcel 20 - The Kitchen Cafe following are the health department comments. Kitchen Cafe is currently permitted by the Board of Health for the following. onal Cafe per e Brewster oard of S. A Food Outdoor CafeEstablishment n sfor ois pen -air dining wized as an th wait service. Therfront patio bis the only area on the Health OutdoorCaf� Regulations p property designated for outdoor dining with table wait service. Maximum allowable seating capacity for indoor and outdoor wait service dining is 93 seats total. s permit is for the pre-packaged 2. A Retails Food Service Permit buifolding for area the saer le of00 coffee and prequare feet. - pack ged items sold from the food "trailer" items in the existing main burl g located in the parking lot. 3. A Catering Permit designated for off -premises food service. davember 8, 2022, I received a request to add an outside walk-in cooler to their existing operation. l asked the ers to submit the following items for full review. specifically regarding trash and recycle the proposed location of the walk-in cooler, boring properties. I. A sitep plan showing onents, and setbacks to neig recceptaccles, existing septic comp 2. Equipment specifications for the new walk-in cooler. erred to and from the kitchen; how will the food be 3. A food pr otection plan: specifically, how will food be transported R. A food safety plan: will the unit be fenced in for protected from possible contaminants. protection or will it be locked in between use etc of their pest control plan. a portion �, A recap however, the site plan is showing approved them. I did receive a site plan; 'e proposed items2 -5 and have septic tank. There lore weight o g hessue and setback need a received of a portion of the existing p laced rt is not showing le Walk-in cooler d top an engineer. If the unit is p display all septico the owners l erns fromar may need to be addressed by under heath the proposed placementl o of the the site plan does not accurately p y request for the outdoor In tie the Board of Health.as builtAlso, grease trap may be h the p ode th listing grease trapl• An updateds s file shows we g all components of the septic sr, I have requested an vedlattphastime. leg 'in cooler has not been approved DR ., 121031 1 Vit el Special Permit & Site Plan Waiver Approval # 2021-09 APPLICANT/OWNER: LOCATION: MAP/PARCEL: BOOK/PAGE: APPLICATION FILED: DECISION DATE: rJURISDICTION: The Planning Board shall be the Special Permit Granting authority for the Application per Brewster Zoning bylaw Section 179-51 (Special Permit). The property is located in the Village Business (VB) zoning district. A public hearing was held on July 28 and August 11, 2021 via remote participation and advertised in the July 9, 2021 and July 16, 2021 editions of the Cape Codder. Notice was also duly posted in a conspicuous place in Town Hall for all parties interested. Abutters were notified on July 6, 2021. Deed of property is recorded in the Barnstable County Registry of Deeds Book 34119, Page 190. Danielle Panzica, TKC Investments 2671 Main Street, Brewster MA Assessors' Map 89, Lot 20 Book 34119, Page 190 June 22nd, 2021 August 11 ih, 2021 APPLICATION: The Applicant proposes to establish a seasonal, limited food service use accessory to the principal restaurant use pursuant to Brewster zoning bylaws §179-11, and §179-51. The limited food service is proposed to be contained within a food trailer located on the site. The Applicant is seeking a waiver from Site Plan Review §179-66, and §179-67 of the Brewster zoning bylaw. MATERIALS SUBMITTED TO THE RECORD: • Site Plan received August 5111;2021 Special Permit #2021-09 Findings & Conditions 1. As presented on the Site Plan received August 51h, 2021, the applicant proposes no changes to the existing parking, circulation, or lighting conditions on the site in connection with the accessory food * trailer use. 2. The food trailer may operate seasonally from 1 1AM to sundown between April and October. • 3. Prior to receiving a Certificate of Occupancy for the principal restaurant use, the site shall be suitably landscaped to protect the character of the neighborhood and adjacent property. 4. A bike rack shall be installed on the site. 5. The food trailer must be registered by MassDOT to be deemed a trailer and not a structure. 6. Any future expansion or change of use recognized herein may require modification of the Special Permit and review under the Site Plan Review standards. Lynn St. Cyr From: Meridith Baler <mimsbrewster@gmail.com> Sent: Wednesday, December 14, 2022 3:45 PM To: Lynn St. Cyr Subject: Pics for PB meeting Attachments: 919 request enforcement letter jpg; parking problems jpg; parking violations back lot jpg; Front exit parking jpg; 92722 illegal parking front jpg; 101222 delivery at 354 am jpg; West side yard view jpg; West side yard view jpg 1 August 19,2022 Dear Mr. Walters, I am writing to your regarding the ongoing infractions at the Kitchen Cafe, 2671 Main Street. 1 am a direct residential abutter at 2663/2665 Main Street and their activities continue to have detrimental effects. I am asking you to enforce your letter dated July 21, 2022 relevant to the "Food Truck" that remains on the property in violation of VB Zoning regulations. Your letter indicates an agreement between you and Danielle Panzica that the "Food Truck" would be disconnected from any power sources and moved as far away from the building as is practicable, or removed from the site entirely. The "Food Truck" has not been moved and remains next to the building, outside the kitchen. In addition, the truck appears to continue to serve some purpose as it is opened and closed on a daily basis and I have observed trash removal and clean-up. Further, parking is a continual problem as vehicles are habitually parked outside the designated parking lot: i.e. on the lawn along the property line and double parked outside the kitchen, as well as in non -designated areas. The result is hazardous maneuvering for vehicles and the public. As of yesterday, August 18, 2022, the Kitchen Cafe owners have not applied to the Planning Board to address their non -compliances as you instructed. Their earliest date to appear before the Board would now be October 12, 2022. I think it's fair to say at this point, they have not acted "post haste and in good faith" as of your letter indicated dated July 20, 2022. Lastly, and acknowledging that you are not the enforcement agent for Select Board licensing, amplified music has been heard from the "food trailer" despite the Select Board's denial of an entertainment license. The dismissive actions of the Kitchen Cafe owners do not indicate "post haste and in good faith." Due to their refusal to comply with your letter as of July 21, 2022, they continue to be out of compliance with town zoning and enforcement requests. Therefore, I ask that you take immediate action to enforce the Kitchen Cafe's various non- compliances. Respectfully, Meridith Baler 2663 Main St John ldman, Town Planner Donna Kalinick, Assistant Town Administrator RECEIVED AUG 9 2022 BREWSTER PLANNING BOARD ZONING BOARD OF APPEALS • ,,r 'I T 'illy h,' 1 ''! ,y� '',‘:Ill ,Ill . `ek+`,ti,} III It' 01$ ,,(\„ ‘1,110,;o:'',,,;,,,,4' 1,11 ,41,,1;1,,,y' IE'1',4 1 i �py,I�,, , I 1 A flu •..I1 ,I fll,i;�l41.\' !';,,1 'i}l'r ', j; �iYf t `i 47:'1.);'1‘15', 11 rI I ti 1t' ,r ..I,, iliit,,I.I'ki'liiel:1 Aiiiii,11.1:1:, 1:: 1411 1 , :1 11.1:,11'1111:11(: lly:f,:: 11+i k' , ill '' I I +'i4'' 1 fi* 11, "'III 4o1 1 II' '1. y" °. , ':, •,,‘ t s�.� 1' .: ,1 I I'll. p ,11I '' i1 1:I ,111,','1l ,1 ai. O' ! • r i } '4j 11:'1:1 1111 �� ,I . ell, ' a l `,, 'I' I .,1,I l i�rti w ;0111; yyl I` ,.$ II .S t,',; .‘1 ,1 w '.� J' $� 'Y!111141''� : I I , It I,4, ' ' r' I'4'r'I '`� ' 1'� I .Ii , 1',11.I'M ,,,'11,1 14 �,I, , �,,,, I�1 1� '„ i 1 } III r I� I� �� t t�d 1►I ' � l i ,1 P " • �� Ul'I!L' IlIflriIII1lifll1i� �fl u TIP"'41IfIlf IIIIIrllliifhIIIIHIli I Lynn St. Cyr From: Meridith Baier <mimsbrewster@gmail.com> Sent: Wednesday, December 14, 2022 3:46 PM To: Lynn St. Cyr Subject: Last pics to send Attachments: backyard view #2.jpg; 2663 Main backyard view jpg; NE corner view.jpg; winslow landing view.jpg Hi Lyn, Sorry it didn't get done within the time frame I had hoped. This is the last of what I will send you. Thank you, Meridith 1 r.�' "�rp er" ,. '+ °`\ Y� " ! 160 e Etihip. 'ti '• I r S M