HomeMy Public PortalAboutPlanning Board -- 2023-01-25 Minutes,.0���0°a"6w°sT.,,,, Brewster Planning Board
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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, January 25, 2023 at 6:30 pm
Brewster Town Office Building (virtual)
Approved:02/22/23
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, Lynn St. Cyr, Senior Department Assistant, and Donna Kalinick,
Assistant Town Manager.
Pursuant to Chapter 107 of the Acts of 2022, 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.
6:31 PM CITIZEN'S FORUM
No citizen comments.
6:36 PM PUBLIC MEETING
Comprehensive Permit Application per MGL Chapter 40B Sections 20-23 Millstone Road Affordable Housing
Development (Assessors Map 98 Parcel 12).
Documents:
• 11/18/22 Staff Review Report
• 12/22/22 Comprehensive Permit Application including 12/20/22 Plan set
• 01/19/23 Staff Report
Bebrin recused herself from the review as she is an abutter to the project. The following individuals participated
remotely: Peter Freeman, Freeman Law Group LLC; David Quinn, Director of Housing Development and Planning,
Housing Assistance Corporation (HAC); Brian Kuchar, Associate Principal, Registered Landscape Architect and
Professional Engineer, Horsley Witten Group; Joe Henderson, Senior Engineer, Horsley Witten Group; Paul Attemann,
Principal and Licensed Professional Architect, Union Studio; Vitalia Shklovsky, Senior Project Manager, Preservation of
Affordable Housing (POAH), and Jamie Carroll, Development Associate, POAH.
Freeman introduced the team presenting on behalf of the Applicants POAH and HAC. Quinn began the presentation
stating that the proposed development includes 45 units on Town owned land. POAH and HAC have worked together
previously including on the Brewster Woods project. Horsley Witten Group is part of the development team and
PB Minutes 01/25/23 Page 1 of 5
working as civil engineers and landscape architects. Union Studio is also part of the development team handling
architecture. The 40B Comprehensive Permit application has been filed with the Zoning Board of Appeals (ZBA).
Attemann described the site as unusual in shape. The site is very long and narrow. The site has very little frontage on
Millstone Road. The site is very wooded and is bordered by single family residences on the east side. There is also a
small development to the south. There is also a community just north of the property. Attemann described the site as
relatively flat as you enter from Millstone Road but then as you get to the center of the site it drops down quite a bit.
There is a steeper grade on the south and west side making those areas more difficult to develop. To the west of the
developable area will be the septic and to the south there will be stormwater infrastructure.
Henderson stated that the project will connect to Millstone Road on the east side and the team will be coordinating with
the proposed Millstone Road improvements. The project meets all setbacks except for a slight encroachment on the
southern portion of the site. The stormwater management plan includes bioretention areas for water quality treatment.
All stormwater runoff will be managed on site up to a 100 -year storm event. Utilities including water and electric are
coming into the site from Millstone Road. The wastewater system will be on the western portion of the site. It will be
an innovative alternative treatment system that meets the Board of Health nitrogen loading requirements. There will be
an underground leaching system. Stormwater and wastewater soil testing has been completed and well -drained soil
was found throughout the site with no indication of groundwater.
Kuchar stated that one of the goals of the project was to minimize site disturbance and maintain as much of the tree
canopy in the existing woodland as possible. The site consists mostly of pitch pine and oak. Additional plantings will be
added including more oak, black locust, elm, eastern red cedar, and white pine. These plantings were chosen for color
and screening of the site. The plantings will be incorporated into the stormwater management approach. There are two
sustainable seed mixes proposed for the site which require less mowing.
Attemann stated that there are 11 buildings proposed with 10 residences and 1 community building. The community
building houses a community room, small kitchenette, bathrooms, management office, common laundry, and tenant
storage in the basement. The total number of units proposed is 45 and includes 1, 2, and 3 -bedrooms units. Attemann
reviewed the proposed designs for the buildings. Freeman stated that the Applicants met with town staff for an
informal staff review. The Applicants believe they have met the goals of the Town's RFP.
Michaels asked for clarification on green infrastructure and asked whether energy efficiency was discussed anywhere in
the submission. Henderson responded that green infrastructure includes above ground bioretention systems using
passive treatment. Henderson explained that typically shallow depressions are planted with plants and there is a
bioretention soil media that filters the stormwater for treatment. The filtered stormwater would be directed to an
underground chamber system. The stormwater is being treated through the bioretention systems and larger storms are
managed through underground infiltration type systems. Quinn discussed energy efficiency. It is the intention of the
Applicant to target the passive house energy efficiency certification and that will be reviewed as the more detailed
construction design progresses but there is a cost component that will need to be considered.
Taylor asked what energy systems were being used in the project and whether solar would be included in the project.
Attemann stated that electrical heat pumps will be used and the goal is to also include solar. The buildings are oriented
well for solar. Taylor asked if the Town would be putting solar on the roofs. Kalinick responded that this will be a long-
term lease between the Town and the Applicants and the Town will not be putting solar on the roofs. The RFP did
request LEED certification or passive housing standards. Kalinick further stated that there are grants available through
Cape Light Compact for new affordable housing construction. Financing around these projects is very complex and the
Applicants are not committing right now to an end product. Kalinick noted that the goal of both the Applicant and the
Housing Trust is for high energy efficiency but right now the Applicant cannot commit 100% to what the end product will
be.
PB Minutes 01/25/23 Page 2 of 5
Taylor inquired about the seed mix being used on site and whether the green area to the back of the site would be
under conservation restriction. Freeman responded that a conservation restriction was not part of the RFP. Taylor
stated that she wanted to ensure that the area was not developed or encroached upon by gardens or in other ways. She
also asked whether community gardens were planned at the site. Kuchar responded that a sustainable seed mix will be
used so less mowing will be needed. There are no community gardens planned yet. Quinn stated that there is space
available for recreation and community amenities. Quinn further stated that the available space is for use by the
residents. There is no plan for public community gardens.
Degen asked for clarification on the "passive house" rating and for further details on the septic system proposed.
Shklovsky stated that passive house is focused on not using fossil fuels as well as the air quality as it relates to the
building envelope. Solar panels would be considered a bonus to enhance the electric power. Henderson provided
details on the septic system. He stated that each building would have a gravity collection system that would contribute
to a common sewer collection system. It will be an innovative alternative system with a nitrogen reducing component
which will lead to an underground disposal system.
Freitas asked for more information on the site stop ratio addressed in the due diligence report provided by the
Applicant. Henderson responded that the Applicant has hired a traffic engineer to review such things as site and
stopping distances as part of a traffic analysis. Shklovsky stated that a traffic study is being prepared and once
completed it will be provided. Freitas stated that the due diligence report noted a possible need for more clearing for
site distance and the Applicant may want to review that further especially since town improvements are proposed for
Millstone Road. Freeman stated that there have been preliminary discussions between town staff, including the DPW,
about the Millstone Road improvements and the Applicant will coordinate with staff on the proposed work.
Wentworth inquired about the tree and brush clearing. He asked who was responsible for oversight to ensure that the
buffer to the abutters is maintained. Kuchar responded that the site will be staked to show the limit of clearing.
Wentworth asked if staff would be overseeing the clearing. Kalinick stated that for past projects she and Housing
Coordinator Jill Scalise have walked the site with the development team to review the limit of clearing. She expects a
similar approach will take place with this project. Wentworth asked if local preference would be given to individual and
families. Kalinick stated that local preference is not part of permitting. The Select Board with consultation from the
Housing Partnership and the Affordable Housing Trust is the board that would make the request for local preference to
the Department of Housing and Community Development. Wentworth asked whether the Applicant would need to
apply for a major stormwater permit. Idman stated that the Applicant has not applied for a waiver from the stormwater
bylaw. The ZBA would be the board overseeing the stormwater permit application as part of the comprehensive permit
process. The Applicant has already tried to manage stormwater issues in the landscape plan.
Hillis -Dineen stated she hoped that the Applicant would pursue grants to provide solar panels. Hillis -Dineen also stated
that she hoped there would be more laundry facilities and not just the ones provided in the community center.
Shklovsky responded that appropriate laundry facilities would be provided. Kalinick stated that research on available
grants would be needed to help with solar panel costs.
Taylor asked who would be managing and maintaining the I/A system. Henderson responded that a third party would
be hired to maintain the system. Freeman stated that overall management would be handled by POAH. Shklovsky
stated that POAH will be handling management of the development long-term. Michaels asked if the Applicant would
need to upgrade the septic if septic laws changed. Idman responded that if septic laws change, they will pertain to
nitrogen sensitives areas and this project is not located in such an area. Michaels asked about the footpaths throughout
the site and wondered if the Applicant had considered creating footpaths through the woodlands. Kuchar stated that
existing paths would remain if they were not within the disturbed area. The Applicant would prefer to see how
residents use the facilities before deciding on new footpaths. Idman stated that the Applicant has no control over the
land not proposed to be developed. The land may be under the control of the Select Board and footpaths should be
discussed with the Select Board. Kalinick noted that as part of the Millstone Road reconstruction project there will be a
PB Minutes 01/25/23 Page 3 of 5
crosswalk very close to this area with the intention that people will use it to get to Nickerson State Park. She stated that
town staff have met with utility companies to coordinate the needs of this project so that once reconstructed Millstone
Road does not need to be reopened.
Idman noted the waivers the Applicant requested including the size of the parking spaces and waiver of site plan review
applicability. He stated that although a waiver for the applicability of site plan review was sought, it appears the
Applicant has met most of the site plan review standards. He reminded the Planning Board that their recommendation
to the ZBA should include a recommendation related to the waivers. Taylor suggested the Planning Board discuss the
waiver requests. She stated that waiving the size of the parking spaces could be a problem as cars are not getting
smaller. Idman stated that Millstone Road is designated as a scenic road. When tree clearing is proposed as part of
roadwork on a scenic road the Planning Board along with the Tree Warden are tasked with holding a public hearing.
Idman stated that the Planning Board could consider a waiver for the tree hearing. The waiver sought for parking space
size requests spaces at 9x18' rather than the 10x20' requirement. Idman stated that the Applicant could be requesting a
waiver to parking space size because they are trying to minimize the development footprint as much as practicable.
Freeman stated that he believes the size of the spaces are adequate and allow for less development impact. Attemann
stated that the parking spaces were proposed at this size to reduce the amount of impervious area and runoff.
Attemann stated that the 9x18' space is standard and serves average size cars. Kuchar agreed with Attemann and noted
that the spaces were proposed at this size to reduce impervious area, reduce the heat island effect, and create a tighter
development. Michaels stated that smaller spaces are better from a water management view. Michaels stated that
according to his research, the norm for parking space size around the United States is 7.5-9' x 16-20'.
Michaels asked the Applicant to address the side yard setback on the southerly side. He stated that he believes the
abutting land is undeveloped and part of Captains Village. Freeman responded that there is an encroachment to the
setback on the southerly side but the Applicant is in compliance with all other yard setbacks. The encroachment is not
close to any houses and does not seem to have any negative impact. Henderson agreed with Freeman and stated that in
that area of the site the required 25' setback is not met as the Applicant proposed 18'. Kuchar noted that there is a 10'
vegetative buffer in this area which the Applicant proposed to keep intact. Idman stated that the southerly abutter is a
cluster subdivision and the immediate abutting lot is open space not proposed for development.
Taylor asked about the removal of invasive species and whether machines or pesticides would be used during the
removal process. She also asked for clarification on the Planning Board's role in reviewing this project. Idman stated
that the waivers requested by the Applicant would be reviewed by the ZBA and the ZBA would make a decision on the
waivers not the Planning Board. The Planning Board's role is to provide recommendations to the ZBA to assist them in
their review of the project. The Planning Board's recommendations are not binding on the ZBA. Kuchar responded that
there are minimal invasives on site and their removal will be done manually with no pesticide use proposed.
Degen expressed concern about the smaller sized parking spaces. Hillis -Dineen responded that she researched parking
sV ace sizes and found that 7.9-9' wide spaces were common. Hillis -Dineen stated that she did not think the reduced size
of the parking space would be an issue. Idman reminded the Planning Board that they have a parking policy that allows
for several types of waivers including size of spaces and number of spaces.
Motion by Freitas to Recommend the Comprehensive Permit Application for the Millstone Road Affordable Housing
Development to the Zoning Board of Appeals with the Requested Waivers that would otherwise be in the Purview of
the Planning Board. Second by Michaels. Roll call vote: Freitas -yes; Michaels -yes; Wentworth -yes; Degen-yes; Taylor -
yes; and Hillis -Dineen -yes. Vote: 6-0-0.
7:55 PM PLANNING DISCUSSION
2022 Plannin>? Board Annual Report.
Documents:
• Draft 2022 Planning Board Annual Report
PB Minutes 01/25/23 Page 4 of 5
Bebrin rejoined the Planning Board meeting. The Planning Board reviewed and discussed the draft 2022 Planning Board
Annual Report.
Motion by Michaels to Approve the 2022 Planning Board Annual Report. Second by Taylor. Roll call vote: Michaels -
yes; Wentworth -yes; Degen-yes; Taylor -yes; Bebrin-yes; Freitas -yes; and Hillis -Dineen -yes. Vote: 7-0-0.
7:59 PM PLANNING DISCUSSION CONTINUED
Review and discuss Select Board policy on meeting format change effective March 1, 2023.
Documents:
• 12/21/22 Email from Erika Mawn including Select Board Remote Participation Policy amended 06/10/22
The Planning Board discussed upcoming changes to the meeting format. Degen stated that it was hard to visualize how
a hybrid meeting would work and wondered if it would be confusing for both board members and the public. Bebrin
discussed her experience with hybrid meetings as a member of both the Bay Parcel Planning Committee and the Vision
Planning Committee. Kalinick noted that the remote participation policy does not address whether presenters are
required to be in person. Michaels stated that he is ready to return to in person meetings and he thinks it is a good
option for the public to be able to participate via Zoom. Taylor stated that she can hear people better on Zoom. When
meetings are in person, speakers do not always use their microphone. Hillis -Dineen agreed with Taylor but stated she is
happy to come back in person. Wentworth stated that he would be happy to be back in person as well and thinks that
all presenters should also participate in person.
8:12 PM PLANNING DISCUSSION CONTINUED
Approval of Meeting Minutes: December 14 2022.
The Board reviewed the December 14, 2022 meeting minutes.
Motion
Meeting Minutes, as amended. Second by Michaels. Roll call
yes; Bebrin-yes; Freitas -yes; Hillis -Dineen -yes. Vote: 7-0-0.
8:16 PM COMMITTEE REPORTS
by Degen to Approve December 14, 2022
rote: Michaels -yes; Wentworth -yes; Degen-yes; Taylor -
Michaels attended a Water Quality Review Committee (WQRC) meeting and there was discussion on projects on
Freeman's Way and industrial activity in Zone II. Wentworth stated that the Vision Planning Committee (VPC) has been
on hold but will be meeting in February. Degen reported on a recent Select Board meeting that included the Bay
Property Planning Committee's efforts on a public pool, Select Board open office hours, a Citizen's petition related to
use of Town Funds for the Wing Island board walk and Drummer Boy Park as well as a conservation restriction,
boardwalk designs, and a report of the financial plan for affordable housing. Taylor stated that the Community
Preservation Committee (CPC) anticipates a lot of applications coming in and looks forward to funds from the Town and
the State.
Motion by Bebrin to Adjourn. Second by Taylor. Roll call vote: Michaels -yes; Wentworth -yes; Degen-yes; Taylor -yes;
Bebrin -yes; Freitas
-yes; and Hillis -Dineen -yes. Vote: 7-0-0.
Meeting adjourned at 8:23 PM.
Next Planning Board Meeting Date: February 8, 2023.
Respectfully submitted,
Lynn St. Cyr, Senior De
Assistant, Planning
PB Minutes 01/25/23 Page 5 of 5