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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, February 22, 2023 at 6:30 pm
Brewster Town Office Building (virtual)
Approved:03/08/2023
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 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.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.
6:32 PM CITIZEN'S FORUM
No citizen comments.
6:33 PM PUBLIC MEETING
Site Plan Review. Case No. 2023-02 and Maior Stormwater Management Permit. Case No. 2023-02: Owner/Applicant:
Pause A While, Inc. Representative: John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly &Associates, Inc. for property located at
250 Underpass Road and shown on Tax Map 77, Parcel 2. The property is in the Commercial High Density (C -H) Zoning
District, The Applicant, a non-profit educational organization, seeks Site Plan Approval to construct a new gravel parking
area and additional site improvements pursuant to Brewster Zoning Bylaw Chapter 179-66, as well as a major
stormwater permit pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations.
Documents:
• 01/26/23 Planning Board Application with Existing Condition Plan and Proposed Site Plan
• 01/26/23 Stormwater Management Permit Application
• 01/27/23 Stormwater Management Report and Operations & Maintenance Manual
• 02/06/23 Email from Sherrie McCullough, Health Department
• 02/08/23 Email from Charles Mawn, Police Department
• 02/14/23 Staff Report
• 02/16/23 Email from Davis Walters, Building Department
• 02/16/23 Email from Davis Walters, OKH Historic District Committee
PB Minutes 02/22/23 Page 1 of 5
Attorney Jamie Norcross, Riley & Norcross LLC and John O'Reilly, P.E., P.L.S., J.M. O'Reilly & Associates, Inc., participated
remotely on behalf of the Applicant. Joanne Wisniewski and Paul Dart, Board of Directors of Pause A While, Inc. also
participated remotely.
Hillis -Dineen announced that she had filed a conflict of interest disclosure form with the Town Clerk regarding this
application and believes that she can act fairly and impartially in handling the applications.
Norcross stated that the property is a 4 -unit condominium with a garage/storage unit at the rear of property and 3 units
at the front including 2 commercial units and 1 residential unit. In December 2022, the Applicant purchased 3 of the 4
units. The Applicant is a non-profit organization that provides addiction recovery support to the community and was
most recently leasing space in Orleans. The intended use of the property is for general office space, educational
programs, and meetings. Interior renovation work has been started and the Applicant would like to move forward with
creating additional parking and site improvements.
O'Reilly reviewed the site plan with the Planning Board. He stated that the property is at the north corner of Protection
Way, a private way which serves as frontage for the property along with Underpass Road. The property is 41000 SF and
is improved with a wood frame structure, sidewalks, 14 paved parking spaces, trash enclosure and a curb cut onto
Protection Way. The rear field to the west of the paved parking lot is where additional parking is proposed. The area is
screened from Protection Way and the post office. To create additional parking, 2 parking spaces in the existing parking
lot will be lost due to the 20' entrance to the new parking area. The new gravel parking area will accommodate 14 cars
with 10' x 20' parking spaces and a 22' drive aisle. There is a garage building to the north of the parking area. There will
be no improvements to this building other than a light fixture that will be downward casting and dark sky compliant to
provide security lighting. O'Reilly stated that a stormwater system capable of a 100 -year storm is proposed. A forebay
will be used to help with any sediment due to the gravel parking area. It will drain to a vegetated swale. Leaching
through the swale will help address phosphorous control and nitrogen reduction. A subsurface infiltration galley is
located to the north of the garage. O'Reilly stated that soil testing completed when the building was built showed good
sandy soil. The trash enclosure will remain in its current location on the existing paved lot.
Michaels suggested additional screening may be needed on the property and a bike rack. Dart responded that the
Applicant plans to add additional landscaping along Protection Way after construction is complete. Dart also stated that
a bike rack will be added on the property and will be in the existing paved lot close to the garage. Hillis -Dineen asked if
the proposed location of the bike rack would interfere with access to the garage and Dart stated that it would not
interfere with access. Michaels asked if smaller parking spaces were considered so to provide more spaces. O'Reilly
responded that the gravel area will not be striped so it is expected that with smaller vehicles more than 14 may be
parked at a time. O'Reilly further stated that wheel stops are not proposed because they do not work well in gravel
areas over time. Bebrin asked if the Fire Department provided any comments on the application and whether an ADA
compliant parking space is required. She also asked whether any bike or walking paths are proposed. O'Reilly stated
that there are no ADA spaces proposed for the gravel parking area. He further stated that there is a sidewalk along
Protection Way to Underpass Road. If a crosswalk or striping is added, additional parking spaces will be lost. O'Reilly
stated that he believes traffic is relatively light in the area so additional sidewalks are not needed. Bebrin stated that the
screening is pretty good and noted that behind the gravel parking lot is the overflow parking for the post office. Hillis -
Dineen confirmed with the Applicant that there are 2 handicap spaces on the property. Dart noted that there is also a
sidewalk along the building. Idman stated that the 2 handicap spaces satisfy the requirements of the zoning bylaw.
St. Cyr confirmed that staff were provided with the application and comments were requested. The staff comments
received were included in the meeting packet. Michaels read the department comments into the record. Hillis -Dineen
noted Idman's suggested condition that the Applicant provide cut/specifications and mounting height for the lighting
fixture prior to installation to ensure compliance with the zoning bylaw. Idman stated that additional conditions may
include addition of a bike rack and more plantings. The Planning Board could also request the additions be provided on
PB Minutes 02/22/23 Page 2 of 5
a revised plan. O'Reilly agreed that a revised plan would be helpful. He would like to walk the site to propose an exact
number of additional plantings.
Motion by Bebrin to Grant Site Plan Review, Case No. 2023-02, subject to conditions discussed. Idman stated that
conditions will include providing a bike rack near the garage to be the subject of a revised site plan, providing additional
evergreen trees to be added on the south side of the property along Protection Way to provide sufficient screening and
to be shown on a revised site plan, and providing the security lighting fixture cut sheet and mount height to staff for
review consistent with the lighting standards of the zoning bylaw. Second by Wentworth. Roll call vote: Michaels -yes;
Freitas -yes; Wentworth -yes; Bebrin-yes; Taylor -yes; Degen-yes; and Hillis -Dineen -yes. Vote: 7-0-0.
The Planning Board discussed the stormwater management application. O'Reilly stated that the drainage facility
proposed for the property was designed for a 100 -year storm. A forebay is being incorporated due to the gravel nature
of the parking lot. A grassed Swale is proposed to help with nitrogen and phosphorous with an inlet to a subsurface
infiltration galley. The parking lot is greater than 2500 SF in size and triggers a major stormwater management permit.
The proposed alterations will not exceed the current peak discharge off the site. Michaels asked if total phosphorous is
being reduced. O'Reilly explained that he is using a grassed swale and an infiltration trench to remove approximately
60% of total phosphorous. Bebrin asked Idman if there were other components that differed between Brewster's
regulations and the Massachusetts Stormwater Handbook that the Planning Board needed to consider. Idman
responded that the Planning Board should be considering the treatment requirements for TSS and phosphorous. Idman
stated that it is fair to assume that phosphorous reduction for redevelopment has been met with the forebay, grassed
Swale and subgrade leaching.
Motion by Bebrin to Approve Maior stormwater Management Permit, Case No. 2023-02, subject to the Conditions
Required by the Stormwater Management Regulations. Second by Taylor. Roll call vote: Michaels -yes; Wentworth -
yes; Freitas -yes; Bebrin-yes; Taylor -yes; Degen-yes; and Hillis -Dineen -yes. Vote: 7-0-0.
7:11 PM PUBLIC MEETING CONTINUED
Request from Owner Paul Wallace, for property at 162 Underpass Road, located in the Commercial is Density (CH)
Zoning District, shown as Lot 1 on a plan recorded with the Barnstable Registry of Deeds in Plan Book 698 Page 25, and
which is a portion of the land formerly shown on Tax Map 77, Parcel 9. The Owner requests that the Planning Board
designate its stormwater permitting authority under Brewster Town Code Chapter 272 to the Conservation Commission
relative to proposed site work at the property.
Documents:
• 10/22 Approval Not Required Plan
• 2/15/23 Letter from Paul Wallace
Paul Wallace participated remotely and presented his request to the Planning Board. An Order of Conditions was issued
by the Conservation Commission to allow for the site to be cleaned up and for some grading to be done. An Approval
Not Required Plan was also endorsed by the Planning Board. Initially the owners did not think they would meet the
thresholds of the stormwater bylaw, but they have ceased worked at the site since learning they meet the threshold and
are pursing permitting. Wallace stated that two lots on the site are in the jurisdiction of the Conservation Commission
and Lot 1, Wallace's lot, is in the jurisdiction of the Planning Board. He is requesting the Planning Board designate its
stormwater authority to the Conservation Commission for purposes of completing the grading and clean up pursuant to
the Order of Conditions. There is no development proposed at this time. The stormwater permit is for erosion control.
Michaels asked if the owners have contacted the Brewster Conservation Trust (BCT) to discuss possible deeding one of
the lots. Wallace stated that such a discussion has not taken place as the owners are working on moving the project
forward. Idman clarified that the 3 lots being discussed do not include the lot that could possibly be deeded to BCT.
Wentworth asked about the lots under the Conservation Commissions jurisdiction and Wallace explained that those 2
lots were within the 100' buffer to the wetland and his lot was outside of the 100' buffer.
PB Minutes 02/22/23 Page 3 of 5
Motion by Bebrin to Designate the Planning Board's Stormwater Permitting Authority for Site Work on Lot 1 at 162
Underpass Road to the Conservation Commission. Second by Wentworth. Roll call vote: Michaels -yes; Wentworth -
yes; Bebrinyes; Taylor -yes; Degen-yes; Fretasyes; and Hillis -Dineen -yes. Vote: 7-0-0.
7:17 PM PUBLIC MEETING CONTINUED
Maior Stormwater Management Permit, Case No. 2023-03: Applicant/Owner: Eastward MBT LLC, Trustee, Eastward
Companies Business Trust, through its representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., has
submitted a major stormwater permit application for property located at 724 Long Pond Road and shown on Tax Map
75, Parcel 21, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations.
Documents:
• 02/17/23 Letter from Susan Ladue
• 02/17/23 Email from Jon Idman
John O'Reilly, P.E., P.L.S., J.M. O'Reilly &Associates, Inc., participated remotely on behalf of the Applicant.
The Planning Board received a request from the Applicant to withdraw the application without prejudice.
Motion by Bebrin to Acknowledge Receipt of Request for Withdrawal of Maior Stormwater Manaeement Permit, Case
No. 2023-03, by right and without prejudice. Second by Michaels. Roll call vote: Michaels -yes; Wentworth -yes;
Bebrin-yes; Taylor -yes; Degen-yes; Freitas -yes; and Hillis -Dineen -yes. Vote: 7-0-0.
7:20 PM PUBLIC MEETING CONTINUED
Maior Stormwater Management Permit, Case No. 2023-04: Applicant/Owner: Eastward MB LLC, Trustee, Eastward
Companies Business Trust, William Marsh through its representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly &
Associates, Inc., has submitted a major stormwater permit application for property located at 736 Long Pond Road and
shown on Tax Map 75, Parcel 20, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations.
Documents:
• 01/27/23 Stormwater Management Permit Application with Existing Condition Plan and Site &Sewage Disposal
System Design
• 01/27/23 Stormwater Management Report and Operations & Maintenance Manual
• 02/15/23 Staff Report
John O'Reilly, P.E., P.L.S., J.M. O'Reilly &Associates, Inc., participated remotely on behalf of the Applicant. O'Reilly
stated that the application is fora 4 -bedroom single-family home. A series of stormwater controls including swales are
proposed. Because of the pan handle nature and topography of the site, 2 small swales are proposed on the east side of
the driveway. The driveway is intended to be gravel and the swales will serve as collection points for the driveway run
off. Treatment will be rendered through the grassed swales and through a series of gutter inlets and piping run off will
be directed to a deep sump catch basin and then onto a leach galley designed for a 100 -year storm. The roof run off will
be controlled through 2 small subsurface leaching facilities.
Michaels pointed out a scrivener's error on page 4 of the stormwater report. O'Reilly will provide staff with a revised
report. Bebrin confirmed with O'Reilly that there is no pool proposed on this property. Idman noted that there is a
water quality swale on the site.
Motion by Bebrin to Approve Major Stormwater Management
Permit, Case No. 2023-04, subject to the Conditions
Required by the Stormwater Management Regulations. Second by Michaels. Michaels -yes; Wentworth -yes; Bebrin -
yes; Freitas -yes; Taylor -yes; Degen-yes; and Hillis -Dineen -yes. Vote: 7-0-0.
PB Minutes 02/22/23 Page 4 of 5
7:28 PM PLANNING DISCUSSION
Review and discuss potential zoning bylaw amendments related to accessory dwelling units.
Staff would like to discuss possible amendments to the accessory dwelling unit (ADU) section of the bylaw with the
Planning Board. There public has also expressed interest in making some changes to the bylaw. Degen suggested an
item be placed on the Planning Board's agenda to review the ADU bylaw and discuss the number of applications that
have been received and any issues or concerns with the bylaw. Hillis -Dineen suggested the item be included for
discussion on one the Planning Board's March agendas. Idman also stated that staff are preparing a 1 -year status report
on the stormwater bylaw to be provided to the Planning Board in March.
7:33 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: January 25, 2023 and February 8, 2023.
The Board reviewed the January 25, 2023 meeting minutes. Motion by Michaels to Approve January 25, 2023 Meeting
Minutes. Second by Bebrin. Roll call vote: Michaels -yes; Wentworth -yes; Degen-yes; Taylor -yes; Bebrin-yes; Freitas -
yes; and Hillis -Dineen -yes. Vote: 7-0-0.
The Board reviewed the February 8, 2023 meeting minutes. Motion by Bebrin to Approve February 8, 2023 Meeting
Minutes. Second by Michaels. Roll call vote: Michaels -yes; Bebrin-yes; Wentworth -yes; Taylor -yes; Degen-abstained;
Freitas -yes; and Hillis -Dineen -yes. Vote: 6-0-1.
7:35 PM COMMITTEE REPORTS
Taylor recommended that people watch the webinar on March 15t regarding balancing housing needs with clean water.
Taylor also suggested that people go to the Association to Preserve Cape Cod's website to review the natural resources
assessment report. Degen summarized a recent Select Board meeting including comments received during Citizen's
Forum expressing concern over the Millstone Road Housing Complex, The Select Board discussed comments sent to the
state regarding Title V and the clean water initiative, possible ban on single -use beverage containers, and the March 6th
Special Town Meeting. Hillis -Dineen summarized a recent meeting of the Brewster Affordable Housing Trust including
discussion on the buy down program.
7:41 PM FOR YOUR INFORMATION
The Planning Board received and discussed a memorandum from Donna Kalinick dated February 15, 2023 regarding
recent lottery information, information on a webinar "Balancing Housing Needs with Clean Water" scheduled for March
15t, and a public hearing notice from the Town of Harwich Planning Board regarding matters scheduled for February 28,
2023.
7:46 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Bebrin's term with the Planning Board is expiring and she has pulled papers to run again. The available Planning Board
position will be for a term of 3 years thereafter the terms will be for 4 years as provided in the Town Charter. Idman
announced that the Planning Board meeting on March 8th will be in person.
Motion by Michaels to Adjourn. Second by Wentworth. Roll call vote: Michaels -yes; Wentworth -yes; Taylor -yes;
Bebrin-yes; Degen-yes; and Hillis -Dineen -yes. Vote: 7-0-0.
Meeting adjourned at 7:51 PM,
Next Planning Board Meeting Date: March 8, 2023
Respectfully submitted,
Lynn �1i.Cyr, SenioruDepartment Assistant, Planning
PB Minutes 02/22/23 Page 5 of 5