HomeMy Public PortalAboutPlanning Board -- 2023-03-08 MinutesChair Madalyn Hillis -Dineen convened a meeting of the Planning Board at 6:31 pm with the following members participating:
Amanda Bebrin, Charlotte Degen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also participating: Jon
Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Hillis -Dineen declared that a quorum of the Planning
Board was present. She read the Meeting Participation Statement and Recording Statement.
6:34 PM CITIZEN'S FORUM
No citizen comments.
6:35 PM PUBLIC MEETING
Approval Not Required, Case No. 2023-03: Applicant/Owner: 178 Bonnie Doone Cartway, LLC through its
representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., seeks endorsement of an Approval Not
Required Plan for property located at 178 Bonnie Doone Cartway and shown on Tax Map 102, Parcel 13, within the
Residential Medium Density (R -M) Zoning District. The plan is pursuant to MGL c. 41 §81L and §81P and §290-4 of the
Brewster Subdivision Rules and Regulations.
Documents:
• 01/30/23 Approval Not Required Plan
• 02/16/23 Approval Not Required Application
• 02/22/23 Memorandum from Jon Idman
• 03/06/23 Memorandum from the Ten Lots Association, Inc. Board of Directors with referenced ZBA decisions
Attorney Ben Zehnder was present on behalf of the Applicant 178 Bonnie Doone Cartway, LLC. The Applicant attended
remotely. Zehnder stated that the property includes 4 dwellings and the purpose of the ANR application is to create 2
zoning compliant lots. Each lot meets the upland requirements to have 2 dwellings. Each lot meets the frontage
requirement of 150'.
Bebrin asked Idman if the Planning Board needs to act on the memorandum submitted by the Ten Lots Association.
Idman responded that an ANR is administrative and the Planning Board's review should consider whether the lots meet
the required frontage. Idman noted that the memorandum argues that because there is a condition in the Zoning Board
of Appeals (ZBA) decision allowing only 1 driveway to the property, it could mean the southerly lot does not have the
necessary frontage. Idman stated that he believes that physical/legal access to the property still exists with the zoning
condition. The appropriate remedy to deal with zoning issues is through the Building Commissioner or possibly the
Zoning Board of Appeals.
Michaels noted that the authors of the memorandum seemed to be indicating that the ZBA decision does not allow for 2
driveways on this property. Idman responded that he believed the memorandum was asking if the ZBA decision created
a legal impediment to accessing the land and he does not believe there is such an impediment. Michaels also stated
that if a road was constructed it may have to be built through a wetland and asked if that is something the Planning
PB Minutes 03/08/23 Page 1 of 4
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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, March 8, 2023 at 6:30 pm
Brewster Town Office Building
Chair Madalyn Hillis -Dineen convened a meeting of the Planning Board at 6:31 pm with the following members participating:
Amanda Bebrin, Charlotte Degen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also participating: Jon
Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Hillis -Dineen declared that a quorum of the Planning
Board was present. She read the Meeting Participation Statement and Recording Statement.
6:34 PM CITIZEN'S FORUM
No citizen comments.
6:35 PM PUBLIC MEETING
Approval Not Required, Case No. 2023-03: Applicant/Owner: 178 Bonnie Doone Cartway, LLC through its
representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., seeks endorsement of an Approval Not
Required Plan for property located at 178 Bonnie Doone Cartway and shown on Tax Map 102, Parcel 13, within the
Residential Medium Density (R -M) Zoning District. The plan is pursuant to MGL c. 41 §81L and §81P and §290-4 of the
Brewster Subdivision Rules and Regulations.
Documents:
• 01/30/23 Approval Not Required Plan
• 02/16/23 Approval Not Required Application
• 02/22/23 Memorandum from Jon Idman
• 03/06/23 Memorandum from the Ten Lots Association, Inc. Board of Directors with referenced ZBA decisions
Attorney Ben Zehnder was present on behalf of the Applicant 178 Bonnie Doone Cartway, LLC. The Applicant attended
remotely. Zehnder stated that the property includes 4 dwellings and the purpose of the ANR application is to create 2
zoning compliant lots. Each lot meets the upland requirements to have 2 dwellings. Each lot meets the frontage
requirement of 150'.
Bebrin asked Idman if the Planning Board needs to act on the memorandum submitted by the Ten Lots Association.
Idman responded that an ANR is administrative and the Planning Board's review should consider whether the lots meet
the required frontage. Idman noted that the memorandum argues that because there is a condition in the Zoning Board
of Appeals (ZBA) decision allowing only 1 driveway to the property, it could mean the southerly lot does not have the
necessary frontage. Idman stated that he believes that physical/legal access to the property still exists with the zoning
condition. The appropriate remedy to deal with zoning issues is through the Building Commissioner or possibly the
Zoning Board of Appeals.
Michaels noted that the authors of the memorandum seemed to be indicating that the ZBA decision does not allow for 2
driveways on this property. Idman responded that he believed the memorandum was asking if the ZBA decision created
a legal impediment to accessing the land and he does not believe there is such an impediment. Michaels also stated
that if a road was constructed it may have to be built through a wetland and asked if that is something the Planning
PB Minutes 03/08/23 Page 1 of 4
Board should consider. Idman stated that there is case law that states that if an area is impassable, you may choose not
to endorse an ANR plan, but he does not believe those circumstances exist here.
Idman stated that he did speak with Mr. Wilson, who authored the memorandum, to discuss the issues raised. Mr.
Wilson may have valid issues but the forum for those issues is not during the review of the ANR application.
Hillis -Dineen announced that the memorandum from the Ten Lots Association referenced during the meeting is
available for review as part of the supplemental meeting packet on the Town's website.
Motion by Degen to Endorse Approval Not Required, Case No. 2023-03. Second by Bebrin. Vote: 7-0-0.
6:47 PM PUBLIC MEETING CONTINUED
Case No. 2023-04: Applicant/Owner: Town of Brewster through its representative Griffin Ryder, Director of the
Department of Public Works, requests certain modifications to requirements under Brewster Zoning Bylaw Chapter 179-
23 related to proposed parking for the community pool located at 3057 Main Street, "The Bay Property", and shown on
Tax Map 101, Parcel 45 within the Residential Medium Density (R -M) Zoning District.
Documents:
• 02/28/23 Memorandum from Griffin Ryder
• 02/28/23 Conceptual Temporary Parking Layout
• 02/28/23 Impervious Area Calculations
• 02/28/23 Stormwater Calculations
Griffin Ryder, Director of the Department of Public Works (DPW), was present. Ryder reviewed the proposal for
temporary pool parking at the Bay Parcel. Ryder stated that there are no required permits needed from the Planning
Board for this project which includes constructing 2 temporary parking areas within the confines of tennis courts near
the pool and arts center. Ryder is requesting minor relief from 2 dimensional requirements in the zoning bylaw to
construct the parking areas in a way that minimizes work, maximizes parking, and creates the most appropriate
circulation and parking space size. Ryder requested relief from the required width of a drive aisle which is 24'. He
further stated that the zoning bylaw is silent on whether the 24' drive aisle is proposed for 1- or 2 -way traffic. The Bay
Parcel parking project is designed for 1- way traffic. He is requesting the Planning Board allow a 22' drive aisle. Ryder
stated that he is also requesting to reduce the length of the parking spaces along the perimeter of the parking lot to 18'
from 20'. The 10' width for parking spaces will be maintained. There will be curb stops for the perimeter parking
spaces.
Ryder further stated that this project does not require staff review but as a matter of course the DPW will be working
with the Police and Fire Departments on this project. If the Planning Board approves the dimensional relief requested, a
turning movement diagram will be provided to the Fire Department for review. Ryder noted that in addition to the 32
parking spaces proposed on the tennis courts, there are 4 accessible parking spaces near the pool. Those spaces are
currently compacted gravel and will be paved and have appropriate striping that leads to the sidewalk to the pool. It is
possible that the 32 spaces will be reduced to 31 spaces to provide striping for a drop off area close to the pool. An
entrance and exit drive will be created which will add additional impervious area. Additionally, a short section of the
roadway will be widened to allow for 2 -way traffic. Although impervious area will be added with this project,
impervious areas around Building 30 have been removed. There is more impervious area being removed than added
and the land disturbance does not meet the threshold to require a stormwater permit. A vegetated stormwater swale is
proposed to provide extra treatment for stormwater and extra volume for storm events.
Michaels asked whether a 22' drive aisle will be sufficient to handle bikes and cars. Ryder responded that speed bumps
and narrow roads help control speed so he does not think there will be a problem with bike safety, but they will watch
the situation to see how it works. Last year, there were several bikers going to the beach and there were no issues with
sharing the road.
PB Minutes 03/08/23 Page 2 of 4
Bebrin stated that she is a member of the Bay Parcel Planning Committee and she reached out to the state Ethics
Commission about her roles on two boards/committees. She was told that representing the Town's best interests on
both does not pose a conflict of interest. She believes she can handle review of this request fairly and impartially.
Bebrin stated that this is a temporary parking area. An appropriation was made at Fall Town Meeting for a permanent
parking area but on the advice of their consultant the Town has decided to proceed with the temporary parking plan.
She noted that at this time the Town is unsure of what the demand for the pool will be so any relief granted is
temporary and there will be further planning for permanent parking. Bebrin further noted that the Bay Parcel Planning
Committee requested 1 -way circulation in the parking lot for separation between cars and people going to the pool.
Motion by Degen to Approve Requested Modifications to Parking Space Length and Drive Aisle Width for Case No.
2023-04. Second by Taylor. Vote: 7-0-0.
7:02 PM PUBLIC MEETING CONTINUED
Major Stormwater Management Permit, Case No. 2023-05: Applicant/Owner: Michael and Corrine Denucci through
their representative John M. O'Reilly, P.E., P.L.S. and Matt Farrell, EIT of J.M. O'Reilly & Associates, Inc., has submitted a
major stormwater permit application for property located at 0 Blueberry Pond Drive and shown on Tax Map 89, Parcel
38, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations.
Documents:
• 02/14/23 Stormwater Management Report and Operations & Maintenance Manual with HydroCAD Report
• 02/22/23 Stormwater Management Permit Application including 02/14/23 Watershed Sketch Plan, 02/14/23
Site & Sewage Disposal Plan, and 02/17/23 Existing Conditions Plan
• 02/28/23 Staff Report
Matt Farrell, EIT of J.M. O'Reilly & Associates, Inc., was present on behalf of the Applicant Michael and Corrine Denucci.
Farrell stated that the subject property is a vacant lot of 46,549 SF. The Applicant proposes a single-family dwelling with
4 bedrooms, driveways, and grading. There are 2 drainage systems which were designed using best management
practices under the MA Stormwater Handbook and Brewster stormwater regulations. One system was designed to
handle the front yard and driveway areas and the other will handle the rear yard and roof runoff from the dwelling. The
systems were designed to meet a 100 -year storm event. The TSS (93%) and phosphorus (60%) removal requirements
are being met.
Bebrin stated that she visited the site and noted the steep pitch in the back yard. She stated that the vegetated swale
will be useful. Michaels asked for clarification as to the location of the 2 catch basins on Blueberry Pond Drive. There is
a catch basin in the front yard and one across the street from the property. Farrell stated that there will be wattles
surrounding the catch basins during construction. Degen noted that there is already build up around one of the basins
so maintenance will be key.
Motion by Bebrin to Approve Maior Stormwater Management Permit, Case No. 2023-05, subject to the Conditions
Required by the Stormwater Management Regulations. Second by Michaels. Vote: 7-0-0.
7:08 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: February 22, 2023.
The Board reviewed the February 22, 2023 meeting minutes. Motion by Bebrin to Approve February 22, 2023 Meeting
Minutes. Second by Degen. Vote: 7-0-0.
7:09 PM COMMITTEE REPORTS
Michaels summarized a recent meeting of the Water Quality Review Committee which included review of a solar project
on Freeman's Way and clarification on fertilizer use at Dream Day. Degen summarized a recent meeting of the Select
Board including discussion on moving Town Meeting to Saturday, review of the Technical School's budget, review of
PB Minutes 03/08/23 Page 3 of 4
warrant articles, and presentation of subscriptions for the Bay Property swimming pool. Taylor stated that the Open
Space and Recreation Plan has been approved. Taylor encouraged everyone to go to the Association to Preserve Cape
Cod (APCC) website and review reports regarding natural resource assessment and the current state of Cape waters.
Hillis -Dineen summarized a recent Affordable Housing Trust meeting which included a report on the Millstone Road
housing development and approval of rehabilitation funds for homes in town.
7:15 PM FOR YOUR INFORMATION
The Planning Board received a memorandum from Griffin Ryder, DPW Director, regarding the Massachusetts
Department of Transportation Winter Recovery Assistance Program. They also received information on the 6tH annual
Lower Cape Housing Institute on March 14tH and information on "Hanging in the Balance" a report by APCC which Taylor
spoke about earlier in the meeting. The Planning Board also received a public hearing notice from the Harwich Planning
Board for March 14tH
7:16 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Idman stated that public comments and department comments should be handled in the same manner for each
application. It is not necessary to read the comments into the record in their entirety. The Planning Board may wish to
acknowledge receipt of the comments and let the public know the comments are available to view in the public meeting
packet. Idman also stated that DPW Director Griffin Ryder is available to attend a Planning Board meeting in April to
discuss the review of stormwater management permit applications and what the Planning Board may want to focus on
in their review of these applications.
The Planning Board will also begin to discuss the ADU section of the zoning bylaw. Staff plans to kickoff discussions with
the Planning Board in the next month and will provide their observations including comments and feedback received
from Brewster residents and other organizations. If after discussion, the Planning Board chooses to move forward with
amendments, Fall Town Meeting would be targeted for those amendments.
Motion by Bebrin to Adjourn. Second by Michaels. Vote: 7-0-0.
Meeting adjourned at 7:23 PM. Next Planning Board Meeting Date: March 22, 2023
Respectfully submitted,
Lynn St. Cyr, Senior Department Assistant, Planning
PB Minutes 03/08/23 Page 4 of 4