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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, December 14, 2022 at 6:30 pm
Brewster Town Office Building (virtual)
Approved: 1/25/23
Vote: 7-0-0
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.
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.eov).
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.
6:33 PM CITIZEN'S FORUM
No citizen comments.
6:34 PM PUBLIC HEARING
Special Permit and Site Plan Review Case No. 2022-10: Applicant/Lessee: JDT Investments, LLC has submitted an
application for property located at 2671 Main Street and shown on Tax Map 89, Parcel 20 within the Village Business
Zoning District. The Applicant seeks a Special Permit and Site Plan Review to operate a limited -service restaurant in
addition to the current full-service restaurant dba "The Kitchen Cafe", pursuant to Brewster Zoning Bylaw Chapter 179-
51 and 179-66. This application also seeks modification of Special Permit and Site Plan Waiver Approval #2021-09. The
Planning Board will consider and potentially vote whether to approve the special permit, site plan, and modification.
Documents:
• 08/11/21 Special Permit &Site Plan Waiver Approval #2021-09, recorded 10/14/21
• 09/27/22 Plan of Land, 2671 Main Street, Brewster, MA
• 11/01/22 Planning Board Application
• 11/16/22 Narrative with information regarding walk-in cooler
• 11/22/22 Staff Report from Jon Idman, Town Planner
• 12/07/22 Department Reviews
• 12/14/22 Emails from Meridith Baier
Motion by Michaels to Open the Public Hearing for Special Permit and Site Plan Review Case No. 2022-10. Second by
Degen. Roll call vote: Michaels -yes; Wentworth -yes; Freitas -yes; Bebrin-yes; Degen-yes; Taylor -yes; and Hillis -
Dineen -yes. Vote:7-0-0.
PB Minutes 12/14/22 Page 1 of 7
Danielle Panzica and layme Valdez, Applicant/Lessee participated remotely. Attorney Al De Napoli participated
remotely on behalf of the Applicant/Lessee. De Napoli stated that the application before the Planning Board seeks to
add the use of limited -service restaurant in addition to the full-service restaurant use currently allowed. There will be
no substantive changes to the food preparation and operation. This is a change to the payment method. A request is
being made to allow customers to pay for their food when ordering at the counter and then sit down to eat if they wish
to do so. De Napoli stated that the Application is also requesting a change to the hours of operation for the food trailer
to allow operation from 7 am to 10 pm to coincide with the restaurant hours.
Degen asked about the current hours of operation of the restaurant. Panzica responded that due to current staffing
issues the restaurant is only opened until 3 pm but she has a license to operate the restaurant until 10 pm. Michaels
asked if a limited -service restaurant would require less staff as customers would be ordering, paying, and waiting for
their food as opposed to sitting down and having the food brought to them. Panzica stated that there was no interest in
making the restaurant a fast-food restaurant and that the operation would still be the same with customers choosing to
dine in with staff bringing food to the customer's table. Freitas asked about adding conditions to the permit for limited -
service use and Idman responded that decisions can be conditioned but the conditions should be for a public purpose
consistent with the bylaw. Taylor referred to comments provided by the Health Department in their review of the
application and suggested the Planning Board review those comments.
Michaels read the department review comments dated December 7, 2022 into the record.
In response to the department review comments, De Napoli stated that the Applicant is working with the Board of
Health on their outstanding requests. De Napoli further stated that the requests before the Planning Board are for the
limited -service restaurant use and the expanded hours of the food trailer. Wentworth asked if there were any lighting
plans related to the food trailer due to the change in hours. Panzica stated that there are string lights in place near the
food trailer and the parking lot also has lighting. Bebrin noted that the food trailer is seasonal and in season it stays
lighter longer. Panzica confirmed that she was only looking to extend the hours of the food trailer not the seasonal
nature of the food trailer.
Taylor asked if there would be a problem if the Planning Board approves a site plan and there is information on the plan
that is not accurate. Idman suggested that the Planning Board needs to hear from the Board of Health before the
location of the walk-in cooler or the storage of the food truck is finalized on the site plan. The Planning Board could
condition their decision upon the Applicant receiving a variance or any necessary approvals for the walk-in cooler and
the storage of the food truck. The Planning Board could also continue their hearing until the Applicant receives a
variance or approval from the Board of Health. Hillis -Dineen asked whether the Planning Board could move forward with
the permit for the limited -service restaurant use separately from the cooler and the food truck. Idman stated that the
walk-in cooler may not have triggered review by the Planning Board on its own but given the Applicant has requested a
special permit and site plan review the cooler should be part of their review. Idman stated that the Applicant could
remove the cooler from the site plan and the Planning Board could move forward or the Planning Bord could choose to
condition its decision to include the Applicant obtaining a variance or other approval from the Board of Health.
Michaels asked if the special permit application and site plan review application could be handled separately. Idman
responded that the applications could be separated legally but logistically he does not recommend it. There are special
permit and site plan review standards that center on the same facts including compatibility between neighboring
properties. As a practical matter, the Applicant will need both approvals to proceed. De Napoli stated that he believed
the Planning Board could consider the special permit for the limited -service restaurant use and extension of the food
trailer hours separately from the site plan review. Taylor stated that the special use and site plan are part of one permit
and she does not believe they should be separated. She stated that the special permit decision will reference the site
plan. De Napoli stated that the Applicant requested a site plan waiver so the Planning Board could grant the waiver and
move forward with the special permit. Idman stated that there is a standard that must be met when requesting a site
plan review waiver and that information was absent from the application. Michaels stated that a change of use exists
PB Minutes 12/14/22 Page 2 of 7
and wondered if site plan review could be waived. Idman stated that a waiver is an option but that the Planning Board
may wish to review the staff memo he provided and consider such things as screening. Idman stated that the Applicant
has requested a modification of the previous special permit as it relates to the food trailer and the Planning Board may
want to consider whether modifying that permit will lead to two restaurants being operated at the site. Degen stated
that there could be two limited -service restaurants on the site and the Planning Board needs to take that into
consideration. Degen also stated that there is a restaurant close by that operated similarly and the Planning Board
needs take that into consideration as to density and traffic flow as well.
Idman stated that when issuing the previous special permit, the Planning Board undertook discussions about limiting the
type of operations that could take place in the food trailer but unfortunately those limitations were not reduced to
conditions in the permit. This is an opportunity to consider including such limitations in the modified permit. The
Planning Board could discuss whether the food trailer should be used as a point of sale for items such as pre-packaged
muffins and coffee and whether or not it should be used for food preparation. This will aid in the discussion of intensity
of use and impacts on the site.
Freitas stated that if there is an option to move forward with issuing a special permit for limited -service use conditioned
upon approval by the Board of Health he thinks the Planning Board should move forward as opposed to continuing the
hearing. Freitas stated that this is a business and he does not want a delay to impact its livelihood. Hillis -Dineen stated
that the Applicant is operating as a limited -service restaurant currently and is before the Planning Board to formalize
that use with a special permit. She does not believe that there will be changes or impacts to the site with approval of a
special permit. Michaels agreed with Hillis -Dineen but believes the food trailer and food truck have created
complications. De Napoli stated that the restaurant has been operating as a full-service restaurant with a limited -service
payment system. He does not believe there will be impacts to the site because of the limited -service permit. De Napoli
suggested bifurcation of the application with a focus on the special permit for a limited -service restaurant. De Napoli
further stated that the special use permit focuses on the operation inside the restaurant and does not have impacts on
site plan review. Idman stated that the application is complicated by the walk -in cooler, food truck storage, and
modification of a prior special permit. If the Applicant wished to remove the walk-in cooler from consideration,
bifurcation may be something for the Planning Board to consider. Idman further stated that this will be the first time
the Planning Board has reviewed and will potentially approve a site plan for this property. Any changes to the site plan
would require further review by the Planning Board. Degen stated that the limited -service restaurant use does pose
impacts to the site as customers are not coming in and staying for an hour. Degen believes traffic flows will change and
the Planning Board may want to consider additional screening.
Panzica stated that she has a license to operate the restaurant until 10 pm as she was planning to provide breakfast,
lunch, and dinner. She has started offering dinner on Friday and Saturday nights and therefore both the full-service and
limited -service uses are needed. She has provided full-service dining during the day, but most customers prefer paying
for their food at the counter before sitting down to eat. Panzica stated that she is not looking to change the hours of the
restaurant.
Valdez stated that the walk-in cooler is on the site plan because there is a 10 -week lead time and $100,000 cost
associated with the cooler. The Applicant cannot afford to find out later that the Town does not approve of the cooler
or the neighbor does not like it. Valdez stated that they would like to extend the hours of the trailer so that they can sell
coffee and muffins earlier in the morning. Valdez stated that the walk-in cooler will also help lessen the number of
deliveries to the site as their indoor cooler is very small. It will allow for one delivery per week instead of three
deliveries per day. This will help with parking and site flow. He stated that they are trying to address the concerns
raised by the Town. Valdez said he is willing to compromise. If the food truck cannot stay on site, he will move it but the
walk-in cooler is needed and if need be he will make it shorter so it is not over the septic offset. De Napoli suggested
that if the Planning Board is not willing to bifurcate the application tonight, they at least move forward with issuing a
permit approving what they are able to approve tonight.
PB Minutes 12/14/22 Page 3 of 7
Hillis- Dineen asked if any members of the public would like to provide comment.
Meridith Baier, 2663 Main Street, asked if a site plan review waiver is being considered or if the Planning Board is
moving forward with a site plan review. Idman stated that full site plan review along with a special use permit is before
the Planning Board for review. Baier asked if the cooler was still under review. Idman responded that it is part of the
application and the Applicant has not asked to remove it from consideration.
Baier stated that the Kitchen Cafe (TKC) is located in the Village Business zone and is a pre-existing non -conforming use
as restaurants are no longer allowed by right in this area. Baier stated that in 1989, the zoning changed to restrict
restaurants and limit potential detriments to abutting and neighboring properties. Baier stated that TKC is a perfect
example as to why the bylaw became more restrictive due to the impacts of their unchecked expansions. Since
redevelopment began in June 2021, Baier has witnessed bylaw violations that have created difficulties for herself,
neighbors, and the general area. The lack of enforcement and the accepted non-compliance has set and is setting an
unacceptable precedent for the Town. Baier further stated that in August 2021, a special permit was received by TKC for
use of the food trailer. However, the request was misrepresented and site plan review was waived which abrogated her
rights as an abutter. The undisclosed expansion that followed abrogated the rights of the Planning Board members. In
the Fall of 2021, a back patio was installed. The patio was not discussed during the special permit review or noted on
the site plan. In July 2022, a large food truck was also brought on site and opened to the patio to serve customers. This
was also not discussed with the Planning Board or shown on the site plan. It continued to be used until September. It
also operated without Board of Health permitting. Baier stated that there was no lighting approved for the food truck or
patio, but lights were installed. Baier stated that the chaos and dangerous conditions have been created on the
property due to these undisclosed expansions. There were problems on Winslow Landing Road as customers were
parking there when spaces were not available in the parking lot.
Baier stated that the food trailer does not have license plates and there has been no verification that it is registered with
MA DOT as required by the special permit. Baier asked that the Planning Board require proof of verification before any
additional permits are approved. The food trailer was also serving regular menu items not just pre-packaged foods.
Baier stated that these past infractions cannot be ignored or considered resolved now that summer season is over and
the operations are closed. Baier objects to the walk-in cooler as it will be within 25' of her property line and it will
create noise 24/7. She stated that the cooler also supports further use and expansion of the restaurant. It is unsightly
and unscreened.
Baier asked the Planning Board to review the full picture. She stated her concern that the Applicant was asking to
permit the problematic expansions and overuse of TKC property. Additional hours for the food trailer will create
additional intensity especially in the morning and create an additional restaurant use. Baier requested the Planning
Board deny the outdoor cooler, to not allow any future food truck use, and to conduct a full review of the food trailer
with an accurate site plan and HDC approval. She requested any permit issued require adherence to the site plan review
landscaping standards regarding appropriate screening as stated in the statute.
Panzica responded to Baier's statements stating that the food truck has been closed since the Applicant was advised by
the Town that she could not operate it on the property. The food truck has been used for storage. Panzica also
addressed the unpermitted patio and stated that the property has always had a patio and it appeared on the site plan
provided to the Town. Panzica stated the walk-in cooler has the approval of HDC as it cannot be seen from Route 6A.
There is no reason for the cooler to be denied other than because of the location over the septic which will be addressed
with the Health Department. Panzica said the walk-in cooler will help with traffic to the site as it will cut down on food
deliveries.
Paul Juliano, 404 Harwich Road, spoke in support of the Applicant stating that TKC is a gem in Brewster. Juliano further
stated that the restaurant is clean and well managed. He supports the cooler and limited -service restaurant use. The
operation is a positive for the community.
PB Minutes 12/14/22 Page 4 of 7
Izzie Smalkais, Winslow Landing Road, requested that the focus of the hearing be on the limited -service use and that
comments attacking other community members and businesses not be allowed.
Hillis -Dineen asked the Applicant to clarify now they would like to proceed. De Napoli confirmed that the Applicant
would like to proceed with the special use permit for the limited -service restaurant use and modification of the special
permit to change the food trailer hours. The Applicant stated that the walk-in cooler could be removed from the
discussion pending resolution of issues brought forward by the Health Department. Idman stated that many of the
special use permit standards get to the use of the cooler and it would be best not to separate that out from the
application. The landscaping issue is both a site plan review issue and a special permit issue.
Idman stated that the issue of bifurcation could be handled by conditioning the cooler to receive approval by the Board
of Health. Degen suggested that a further condition of the special permit could be attenuation of the sound if the cooler
is approved by the Board of Health. Idman stated that additional landscaping or fencing along the westerly property line
would benefit both the Applicant and abutter properties. Idman stated that the Planning Board may want to consider
additional conditions for the food trailer as well. Idman suggested the language in the current permit sating the trailer
can be opened until sundown should be modified and a specific time should be provided. Idman stated that he believes
the restaurant can operate until 10 pm but he does not believe the common victuallers license states hours of
operation. Panzica stated that the food trailer was not used for food preparation. Pastries, coffee, and canned
beverages have been served out of the trailer.
Meridith Baier addressed the Planning Board. Baier expressed concern with the screening on the north property line.
She does not believe there is appropriate screening in place currently. There are small trees in place which have not
grown much over the past year. There is no privacy and she has full view of the back of the restaurant. She is
concerned that a cooler will now be added and in view and that the trailer will remain. Baier asked the Planning Board
to follow the site plan review standards regarding screening. She requested the Planning Board require a fence be
added along the property line.
Idman stated the condition requiring the food trailer to be registered through MA DOT is tenuous and may be outside of
the purview of the Planning Board. He suggested discussion on removing the condition and replacing it with a condition
requiring the food trailer to meet all setbacks in the zoning district. This condition will make the decision easier to
administer and enforce.
De Napoli stated that the Applicant planted arborvitaes along the back property line so to require a fence there as well
seems excessive and will be costly. Panzica stated that the trees along the back property line were selected and agreed
upon by Baler before they were planted.
Meridith Baler
addressed the Planning Board. She stated she has a letter from Victor Staley stating that as long the food
trailer was proven to be a trailer and not a structure it would not have to go to HDC. She further stated that in order to
be considered a trailer, registration was necessary through MA DOT. She stated she is confused by the suggestion to
remove the condition that the trailer be registered through MA DOT and wonders if it now needs to be reviewed by
HDC. Idman stated that the Planning Board and the Building Commissioner have no jurisdiction over the HDC.
Motion by Bebrin to Close the Public Hearing on Special Permit and Site Plan Review Case No. 202240. Second by
Degen. Roll call vote: Michaels -yes; Wentworth -yes; Degen-yes; Taylor -yes; Freitas -yes; Bebrin-yes; and
yes. Vote: Vote:7-0-0.
The Planning Board reviewed and discussed the site plan review standards. Degen stated that if the walk-in cooler is
approved by the Board of Health, it will require some buffering from the neighbors. Degen stated that there is currently
a stockade fence along the west side which may need to be extended to the north side. Taylor agreed that extending
the stockade fence from the northwest corner to the patio would provide both a visual buffer and sound mitigation.
PB Minutes 12/14/22 Page 5 of 7
Freitas suggested awaiting approval from the Board of Health on the walk-in cooler before deciding on what may be
needed as far as trees, fencing, or noise mitigation. Idman stated that he believes that 100 decibels of noise for more
than 15 minutes is the standard referenced under site plan review. That amount of noise translates to a rock concert so
he's not sure that threshold will be triggered by the cooler. Valdez stated that the noise level will be similar to an air
conditioning compressor. Degen stated that the suggestion is for the stockade fence to be extended from the patio to
the north property line. Degen also suggested a condition that if the sound exceeds 100 decibels for more than 15
minutes, additional sound attenuation will be required.
The Planning Board discussed conditions of the special permit. Bebrin suggested the food trailer hours be changed to
allow operation from 7 am — 7 pm seasonally. Bebrin also suggested a condition that the food trailer be used as a point
of sale only to sell beverages and pre-packaged foods. The trailer would also need to comply with the side setback. The
cooler would be conditioned upon approval by the Board of Health. The stockade fence at the west end of the property
will be extended to meet the back corner of the patio. Degen added an additional condition that if the cooler exceeds
100 decibels of noise for more than 15 minutes additional sound buffering will be required.
De Napoli stated that the food trailer hours of operation recommended by the Planning Board are a reduction to the
current hours. De Napoli suggested extending the hours to 9 pm or 10 pm. The Board discussed the hours of operation
further. Michaels stated that if the Applicant was going to operate in the dark then lighting needs to be considered. The
Planning Board decided the hours of operation for the food trailer would be 7 am- 8 pm in April and May; 7 am- 9 pm in
June, July, and August, and 7 am — 7 pm in September and October.
Bebrin reviewed the conditions discussed by the Planning Board. The special use permit is approved for the service restaurant. restaurant. The food trailer needs to comply with the setbacks on the side lot line. The hours of operation for
the food trailer seasonally will be 7 am- 8 pm in April and May; 7 am- 9 pm in June, July, and August; and 7 am — 7 pm in
September and October. The walk-in cooler is contingent upon approval by the Board of Health regarding the septic
location. If the cooler is approved, the stockade fence will be extended from its current location to meet the back corner
of the patio. The cooler is not to exceed 100 decibels of noise for more than 15 minutes and if it does additional
buffering will be required. The food trailer will serve beverages and pre-packaged foods as a point of sale only. Idman
stated an additional condition would be that the food truck may only be stored behind the building and can only be
operated if approved by the Planning Board. Also, the food trailer hours are as stated unless otherwise allowed by a
special event permit approved by the Select Board or Zoning Board of Appeals. De Napoli clarified that the hours of
operation for the restaurant are staying the same as the current hours.
Motion by Bebrin to Approve Special Permit and Site Plan Review Case No. 20224
0 with the conditions discussed.
Second by Wentworth. no call vote: Michaels -yes; Wentworth -Y Degen-yes; Freitas -yes; Taylor -yes; Bebrin-yes;
and HIIIIS-Dineen-yes. Vote: 7-0-0. Bebrin left the meeting.
8:38 PM PUBLIC MEETING
Major Stormwater Management Permit Case No. 2022-08: Applicant/Owner: Julius Smith has submitted an application
for property located at 0 South Orleans Road and shown on Tax Map 142, Parcel 9 within the Residential Medium
Density Zoning District, The Applicant seeks a major stormwater management permit to construct a single-family
dwelling and detached garage with associated utilities and grading pursuant to Brewster Town Code Chapter 272. The
Planning Board will consider and potentially vote whether to approve the major stormwater permit.
Documents:
• 11/02/22 Stormwater Management Permit Application, Stormwater Management Report, and Operation and
Maintenance Plan
• 11/11/22 Plan set
• 11/15/22 Water Quality Volume Calculations
• 11/17/22 Staff Report from Jon Idman, Town Planner
PB Minutes 12/14/22 Page 6 of 7
Stevie Carvalho, Farland Corporation, participated remotely on behalf of the Applicant Julius Smith. Smith also
participated remotely. Carvalho stated that the project consists of a single-family dwelling and detached garage with
two bedrooms above the garage. The property generally slopes downhill towards the north. The Applicant has
proposed several different stormwater management practices including roof recharge systems for the dwellings to
totally recharge to a 100 -year storm and a Cape Cod berm along the north side of the driveway to direct the runoff to a
deep sump catch basin which gets piped to the back of the house and finally outlets into a bioretention area. The
Applicant feels the proposed design meets all the requirements of the Town of Brewster. Michaels stated that he visited
the property and asked if the property to the northeast which is downslope from the subject property was considered in
the stormwater management design. Carvalho stated that the properties on both sides were considered in the design.
He noted the requirement is that the project not increase stormwater runoff and the project does not increase
stormwater runoff to the adjacent property. Yard basins are being used to help manage the runoff. He further stated
that all the runoff for the garage and single-family dwelling is being captured by downspouts and being directed towards
the subsurface recharge system. Carvalho stated that his analysis shows that there is a reduction in runoff rates and
volume for every storm. Taylor asked where the pool will be emptied. Smith stated there was no plans to empty the
pool. Idman stated that there was a general bylaw that deals with illicit discharges and that the Applicant will need to
reach out to the DPW to empty out the pool. This bylaw can be referenced in the stormwater permit.
Motion by Degen to Approve Maior stormwater Permit Case No. 2022-08 with the condition the Applicant comply
with the illicit discharge requirements of the Town Code. Idman stated that he will also include standard conditions
in the decision. Second by Wentworth. Roll call vote: Michaels -yes; Wentworth -yes; Degen-yes; Taylor -yes; Freitas -
yes; and Hillis -Dineen -yes. Vote: 6-0-0.
8:51 PM PLANNING DISCUSSION
Approval of Meeting Minutes: October 26, 2022.
The Board reviewed the October 26, 2022 meeting minutes. Motion by Degen to Approve October 26, 2022 Meeting
Minutes. Second by Michaels. Roll call vote: Michaels -yes; Freitas -yes; Taylor -yes; Wentworth -yes; Degen-yes; and
Hillis -Dineen -yes. Vote: 6-0-0.
8:53 PM FOR YOUR INFORMATION
The Planning Board was provided an email from Louis Wolfson dated December 5, 2022 regarding 4018 Main Street.
Idman explained that there is no action the Planning Board needs to take or can take on this correspondence. The
permit beneficiary is building according to the permit that was issued by the Planning Board. There is no evidence or
indication of any violation.
8:55 PM COMMITTEE REPORTS
Hillis -Dineen stated that the Affordable Housing Trust hosted a very successful housing forum. She announced that
there are resources available for housing rehab, childcare, and buy downs.
Motion by Michaels to Adjourn. Second by Degen. Roll call vote: Michaels -yes; Wentworth -yes; Taylor -yes; Freitas -
yes; Degen-yes; and Hillis -Dineen -yes. Vote: 6-0-0.
Meeting adjourned at 8:58 PM.
.Next Planning Board Meeting Date: January 11, 2023
Respectfully submitted,
Lynn St. kyr, Senior Department Assistant, Planning
PB Minutes 12/14/22 Page 7 of 7