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Home My Public Portal AboutSelect Board -- 2020-12-01 Minutesi \u� 00111HOIIp/1// e. 8\8 Town of Brewster office of: Select Board x f •�A t 2198 Main Street Town Administrator s 3 WN Brewster, MA 026314898 ` V0 Phone : (508) 896=3701 � � 'S� �►°e►�t° ��° Fax : (508) 896- 8089J:41 P j r MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES DATE : December 1, 2020 TIME : 9 : 00 AM PLACE . Remote Teleconference ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : Chair Chaffee, Selectperson deRuyter, Selectperson Whitney, Selectperson Chatelain , Selectperson Bingham , Town Administrator Peter Lombardi , Assistant Town Administrators Susan Broderick and Donna Kalinick, Town Planner Ryan Bennett Call to Order Chair Chaffee called the meeting to order at 9 : 01 am, conducted a roll call vote of attendance, declared a quorum present, and read the meeting participation and recording statements . Executive Session : To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body . Chair Chaffee stated that the Board would be going into executive session to discuss strategy with respect to consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body, and would not be returning to open session . Selectperson deRuyter moved that the Board go into executive session at 9 : 03 am to consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body, and would not be returning to open session . Selectperson Bingham second . Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain , Chair Chaffee-yes . The Board vote was 5 -yes, 0- No and every party present declared that no other person is present and /or able to hear the discussion at the remote location . Mr . Lombardi updated the Board that both he and Donna met with Town Planner Ryan Bennett to discuss zoning considerations . They also met with Kristy Senatori of the Cape Cod Commission and Jonathan Isemen . Ryan Bennett reviewed the Town' s zoning overlays with the Board . The Route 6a property is a little under 55 acres, with a mix of building and structures . Any change of use to the structures would come with a lawfully protected preexisting non - conforming use to those buildings . The parcel is entirely in the residential zone, partially in the conservancy soil district and partially in the historic district . The greater than 30 acres would trigger a review by the Cape Cod Commission . There is a municipal exemption for land division to retain for open space or conservation purposes . Ms . Bennett further explained many of the tables of the potential www , brewster- ma . gov BoS 12- 01 - 20 Page 1 of 4 Doc ID : e6ec65df34e19ded35b9b3e2b06dc9bc452f55ef l og!11ua11Vwtu»iO � w g� 4 �9�� Townof Brewster Office of: Select Board 2198 Main Street Town Administrator Brewster, MA 02631 = 1898 0 (09 Phone : (508) 896-3701 Fax: (508) 896=8089 y'�i,4jm nxrnMmn+aa��o�"��\\ uses that would require special permits and Planning Board review . Any land divisions would need a review by the Cape Cod Commission before local permits could be considered . This property has an educational , non- profit, recreational and camp by right use . Private recreational use would be a permitted use . Selectperson deRuyter asked about the bay parcel being subject to DCPC overlay . The Select Board would need to have a reason and a vote to send the parcel to the DCPC . This could be clarified with the Commission . Selectperson deRuyter would like this further reviewed . Selectperson Chatelain asked for clarification on the 40B oversight by the Cape Cod Commission . They would provide technical review and comment only . Mr. Lombardi feels there is a strong case to be made for sending the parcel to the DCPC, but it would need to be designated the intended and ideal outcome for the parcel . The conservancy soil overlay would apply to the structures on the property with in the zone, as they can be altered by a special permit process . The Building department will be consulted to see if the structures could be raised and rebuilt or if they would need to be renovated or added on to . Selectperson Chatelain asked if relief is always waived . The ZBA need to look at the topography that justifies as hardship, and will grant the variance for the relief needed to develop . In the event of a 40B they would be able to circumvent the granting of the variance . Selectperson deRuyter asked if developing the property as condominiums would trigger DRI . Ms . Bennett feels that this is a way a developer could circumvent dividing the property, but this would trigger DRI review . Mr . Lombardi noted the Town has discretional ability to refer a project to the CCC . Selectperson Chatelain is worried about accusations of spot zoning and asked Ms . Bennett to clarify . As long as there is legitimate reasons then the spot zoning accusation does not apply. The reason needs to be clearly articulated . Mr . Lombardi further explained the procedures of steps . Ms . Kalinick asked if it was to remain a camp, would accessibilities issues need to be ratified prior to opening, or would it be able to remain as is . If building permits were pulled to modify the structures then they would need to be brought to ADA compliance on a permit by permit basis . A private recreation facility would trigger a special permit review . Selectperson deRuyter also noted that one of the previous camp' s attendees needed ADA accommodations . Chair Chaffee asked Ms . Bennett to review the by right uses . A by right use is considered allowed under zoning and only land use review would be needed , which is non - discretionary . Special permit uses are different criteria , which are discretionary . The Long Pond parcel is 70 acres located in the residential rural and the residential medium zoning district . Typically the more conservative zoning restriction is applied to the whole parcel . This property is also partially a Zone 2 overlay and the Natural Resources Protection ( NRP ) design , adopted in 2009 . The base DRI trigger is applied here, as it is over the 30 acres needed . There are 3 privately owned parcels they are unclear if they derive their sole access across this parcel . The allowed uses were discussed , and they are very close to the bay side parcel . The supporting materials for the Robinson land acquisition were included in the packet for the Board to review as a similar land purchase . They spoke with the CCC for extending the entire parcel to DCPC, which would require a Town Meeting vote . Selectperson Chatelain asked for clarification on the different regulations; State zone 2 obligations, the towns DCPC regulations and the subsequent NRP regulations . Ms . Bennett explained the layers of regulatory review . A 40B application would circumvent all www . brewster-ma . gov BoS 12-01 - 20 Page 2 of 4 Doc ID : e6ec65df34el9ded35b9b3e2b06dc9bc452f55ef i 00\1101111 R £ W 8IA�igy� o� g► '°,,�9 Town of Brewster Office of: 2198 Main Street Select Board it " # Brewster, MA 02631 - 1898 Town Administrator �Y ---� w Phone : (508) 896-3701 Fax : (508) 896-8089 IIlow except the Zone 2 . Selectperson deRuyter asked about the DCPC extension . The DCPC and the Zone 2 are not exactly the same overlay . A Town Meeting vote would have to support the zoning regulations the process recommended , and the extension of the regulations to the entire parcel . Chair Chaffee summarized the discussion ; the DRI process, the DCPC, the NRP policy would all serve to slow the development process if either parcel were purchased to subdivide or develop . It would also give the Town a voice in the project . Mr . Lombardi noted there could be prohibited uses that would restrict certain development from occurring on either parcel, such as hotel/ motel use . This would create a new zoning overlay . Selectperson Chatelain noted a 40B developer would be able to circumvent all of these zoning overlays . He advocates a focus of energy on the Bay parcel . Ms . Kalinick noted that the CCC said that because they are in the LCP process, there is an opportunity for input from residents on the desired future of the parcels . Once the LCP is adopted it gives the Town more authority to enter into agreements with developers . The challenge is they are just starting on the LCP process . There is a lot of community interest and support in these parcels . Mr . Lombardi noted that Mark Robinson and John O' Reilly should be placed under contract for this project so they are not contracted first by another entity. Mark Robinson is currently under a land acquisition contract with the Town . The title research cost for both parcels would be $ 5, 000 . 00-$ 7, 000 . 00 which could be paid for by the legal budget . The appraisal cost in not in as of yet, but possibly be paid for by the legal budget as well . The Board discussed the merits of placing both under contract and acquiring an appraisal . Mr. Lombardi will try to get quotes on an appraisal for the property . The contract does not need to be acted upon until a decision of the Board is made on the direction of the property. Mr . Lombardi asked for the Board ' s consent to speak with Ocean Edge . The Board agreed . Ms . Bennett will also join in the discussion . Selectperson Whitney asked if the completion of the title research would help inform the Board on the uses for the parcel . This will take approximately &8 weeks for both parcels, and should be held until the Board has a broader policy discussion . Mr. Lombardi has also met with Brewster Conservation Trust, and is meeting with the Brewster FLATS, a nonprofit group with interest in the parcel . Matters Not Reasonably Anticipated by the Chair No discussion . Next Meetings : December 7 , 8 ( ES ) , 15 ( ES) & 21 , 2020 Adiournment Selectperson Whitney moved to adjourn at 10 : 43 am, Selectperson Chatelain second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chatelain -yes, Selectperson deRuyter-yes, Selectperson Bingham -yes, Chair Chaffee-yes . The Board vote was 5 -yes, 0- No . Respectfully submitted , Robin Young www , brewster- ma . gov BoS 12- 01 - 20 Page 3 of 4 Doc ID : e6ec65df34e19ded35b9b3e2b06dc9bc452f55ef OX'!allivip"kift ��\e Ofts we p y/i 0 o;g: �9 % Town of Brewster Office of: ., • y Select Board 2198 Main Street Town Administrator o " Brewster, MA 02631= 1898 �VO _ Phone : (508) 896=3701 ^,0^A`k� °\\ Fax: ( 508) 896-8089 �`4j��n� M11M111111N1Q\\��C 12 / 23 / 2020 Bu Approved : Signed : Date Selectperson Bingham , Clerk of the Board of Selectman Accompanying Documents in Packet: agenda, draft media statement, town council memo Release Date : 2/27/2023 www . brewster-ma . gov BoS 12-01- 20 Page 4of4 Doc ID : e6ec65df34e19ded35b9b3e2b06dc9bc452f55ef