HomeMy Public PortalAboutPlanning Board -- 2023-04-12 Minutes,,.0 FLE'ws'T ,,,
Brewster Planning Board Approved: 04-26-23
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2198 Main Street vote: 7-0-0
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Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
MEETING MINUTES --
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Wednesday, April 12, 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.
6:35 PM CITIZEN'S FORUM
No citizen comments.
6:36 PM PUBLIC MEETING
Major Stormwater Management Permit, Case No. 2023-10: Applicant/Owner: William and Laura Brondyk through their
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 5 Tanglewood Road and shown on Tax Map 73, Parcel 86, pursuant to Brewster Town
Code Chapter 272 and its accompanying Regulations.
Documents:
• 03/20/23 Existing Condition Plan
• 03/22/23 Stormwater Management Permit Application
• 03/22/23 Stormwater Management Report and Operations & Maintenance Manual
• 03/27/23 Site Plan-Stormwater Design
• 03/29/23 Staff Report
John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc. was present on behalf of the Applicant William and Laura
Brondyk. Applicant William Brondyk was present via Zoom. O'Reilly stated that the property is currently under
development as a building permit was previously issued. O'Reilly worked with the topography of the lot in his design for
stormwater management and had to design around a house approximately 70% built, a driveway that was installed and
graded, and two boulder retaining walls on the southside of the building. There is a rear area of the lot that was cleared
to provide a septic system. There are three components to the drainage: a driveway component utilizing a trench, roof
runoff controlled by drywells, and a swale with bottom drain which will feed into a subsurface infiltration area provided
at the back eastern side of the property. The system was designed based on a 100 -year storm. The design does not
meet the phosphorous reduction requirements due to the stonewalls on the property. Surface water will be collected in
the swale which will provide some treatment.
Taylor stated that she would support the request for a partial waiver to the phosphorous reduction requirement.
Michaels confirmed with O'Reilly that due to the topography a Swale could not be added to help with reduction of
phosphate. O'Reilly stated that the existing stonewalls also impede phosphorous reduction. Degen asked O'Reilly for an
estimate of how much phosphorous was being removed and he estimated removal at approximately 30%. Freitas asked
for clarification on the existing spillway and how water would drain around the retaining walls. O'Reilly responded that
a swale would be used to direct water around the retaining walls and driveway. Additional boulders or a splashpad may
be used to direct water as well. Idman stated that the wall may also help to slow the velocity of the water.
PB Minutes 04/12/23 Page 1 of 6
Motion by Michaels to Approve Major Stormwater Management Permit, Case No. 2023-10, subject to the Conditions
Required by the Stormwater Management Regulations and including the Partial Waiver Requested. Second by Degen.
Vote: 7-0-0.
6:45 PM PUBLIC MEETING CONTINUED
Major Stormwater Management Permit, Case No. 2023-11: Applicant/Owner: Michael and Mary Sharon through their
representative Matthew T. Farrell, EIT and 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 393 Paines Creek Road and shown on Tax Map 37, Parcel
6, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations.
Documents:
• 10/25/2022 Existing Condition Site Plan
• 03/24/23 Stormwater Management Permit Application
• 03/31/23 Proposed Site & Sewage Disposal System Design
• 03/31/23 Stormwater Management Report and Operations & Maintenance Manual
• 03/31/23 Staff Report
John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc. was present on behalf of the Applicant Michael and Mary
Sharon. Jim Hagerty, Reef Builders, was also present. O'Reilly stated that the project includes removal of an existing
single-family home and construction of a new single-family home with attached garage, landscaping, and driveway.
Stormwater management has been addressed through the use of a Swale with an inlet leading to a subsurface
infiltration system. A catch basin is also being utilized near the driveway for driveway runoff. There is also a catch basin
in the backyard. O'Reilly stated that no waivers are being requested.
Michaels asked whether a pervious driveway was being installed. Idman responded that the plan shows a proposed
gravel driveway. Michaels noted the proposed pressure treated timber retaining wall and asked if pressure treated
wood products were okay to put in the ground. O'Reilly stated that at one time pressure treated products contained
arsenic but no longer do. The new product is more environmentally friendly. In his experience, Conservation
Commissions do allow pressure treated stairs and decks. Taylor noted the 100' buffer near the property. O'Reilly stated
that the timber wall is an additional 120' from the buffer.
Motion by Bebrin to Approve Mayor Stormwater Management Permit, Case No. 2023-11, subject to the Conditions
Required by the Stormwater Management Regulations. Second by Wentworth. Vote: 7-0-0.
6:52 PM PUBLIC MEETING CONTINUED
Major Stormwater Management Permit, Case No. 2023-12: Applicant/Owner: Christopher and Gillian Platts through
their 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 0 Run Hill Road and shown on Tax Map 35, Parcel 32, pursuant to Brewster
Town Code Chapter 272 and its accompanying Regulations.
Documents:
• 09/20/22 Existing Conditions Plan
• 03/22/23 Stormwater Management Report and Operations & Maintenance Manual
• 03/27/23 Sewage & Stormwater Site Plan
• 03/24/23 Stormwater Management Permit Application
• 03/30/23 Staff Report
John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc. was present on behalf of the Applicant Christopher and
Gillian Platts. The Applicant was also present. O'Reilly stated that this was a vacant piece of property located directly
across the street from the transfer station and abutting Lower Mill Pond. The edge of the wetland is identified on the
plan. A four-bedroom house is proposed approximately 140' back from the pond. The house will include solar and
PB Minutes 04/12/23 Page 2 of 6
green construction. The project is designed for a 100 -year storm. The roof runoff will be handled with drywells. The
runoff from the driveway and the front landscaping will be handled by two meandering swales with infiltration trenches.
The swales will help deal with nutrient loading. A pre and post flow discharge rate was run and met at the 100 -year
storm. The Applicant has been working with his neighbor to the east on tree removal.
Freitas asked about the location of the driveway over the property line and O'Reilly responded that the Applicant and his
neighbor to the east share a driveway as do other neighbors on Run Hill Road per the subdivision plan approved by the
Planning Board. Bebrin asked about the proposed greenhouse and the Applicant clarified that the house would be
constructed in an environmentally friendly way. There is no greenhouse proposed on the property. Michaels asked
about potential failures with the BMPs due to the steepness of the property and the impact a failure would have
including possible erosion. O'Reilly stated that he did not think a failure would cause immediate scouring and if there
was an issue there would be time to repair it. Taylor asked if there would be a walk out basement and the Applicant
confirmed there would be a walk out basement. Taylor noted the 100' buffer is very close and that the Applicant should
speak to the Conservation Department before doing any work back there including pruning or planting. The Applicant
stated that he has been in touch with the Conservation Department. Idman stated that the low point that exists near
the swales could be used for overflow or exfiltration. O'Reilly responded that using the low point as Idman suggested
was considered but the low point does straddle the property line and he did not want to create a nuisance to the
neighboring property. There was a discussion regarding a possible agreement with the neighbors to direct stormwater
to the low point that straddles both properties. O'Reilly stated that he would work with staff on a revision to the plan if
it became necessary.
Motion by Bebrin to Approve Maior Stormwater Management Permit, Case No. 2023-12, subject to the Conditions
Required by the Stormwater Management Regulations. Second by Wentworth. Vote: 7-0-0.
7:06 PM PUBLIC MEETING CONTINUED
Site Plan Review Case No. 2022-09: Applicant/Owner: Remington's Trust, Peter Lomenzo and Kerry Barton, Trustees,
has submitted an application for property located at 61-63 A.P. Newcomb Road and shown on Tax Map 25, Parcel 75
within the Residential Medium Density Zoning District. The Applicant seeks Site Plan Approval to redevelop an existing
accessory structure as a three-bedroom bed and breakfast pursuant to Brewster Zoning Bylaw Chapter 179-66.
Documents:
• 09/27/22 Building Rendering with Floor Plan
• 11/01/22 Application
• 11/09/22 Report from Staff Review
• 02/06/23 Existing Condition Site Plan
• 02/08/23 Elevations and Floor Plans
• 02/23/23 Proposed Drainage Condition Plan
• 02/28/23 Lighting Specifications
• 03/01/23 Minot Stormwater Permit Application
• 03/0823 Minor Stormwater Management Permit
• 03/13/23 Letter from Natural Heritage & Endangered Species Program
• 03/23/23 Proposed Conditions Plan
• 03/27/23 Conceptual Landscape Plan
• 04/05/23 Staff Report
• 04/05/23 Revised Summary of Reasoning
• 04/12/23 Department Review Comments
Attorney Marian Rose of the Law Office of Singer & Singer, LLC was present on behalf of the Applicant Remington's
Trust, Peter Lomenzo and Kerry Barton, Trustees. The Applicant was present via Zoom. Rose summarized the proposed
project. Rose explained that the Applicant lives on the property in the main dwelling. Also, on the site is a large
PB Minutes 04/12/23 Page 3 of 6
structure the Applicant refers to as the barn which is unfinished inside. The Applicant would like to repurpose the barn
as a 3 -bedroom bed & breakfast including 1 handicap accessible bedroom on the main floor. There are two bedrooms
upstairs as well as a kitchen which will be used to prepare a morning meal. Rose stated that the Applicant has filed a
special permit application with the Zoning Board of Appeals to operate as a bed & Breakfast. Rose noted that except for
a deck on the rear of the barn, there will be no exterior construction to the barn. There will be a pool, pool deck, and
small pool house constructed in the center of the property. There is a driveway between the barn and the closest
neighbor.
Rose stated that the project went through staff review and as a result the site plan was revised to widen the driveway
and provide a turnaround for emergency vehicle access. The Applicant also went through review with the Old King's
Highway Historic District Committee for past issues and for the proposed changes to the property. The Applicant also
worked through a Massachusetts Endangered Species Act (MESA) issue and has provided a letter from MESA stating that
the project is exempt from MESA review. Rose stated that because so much of the property contains gravel, the
Applicant applied for and was issued a minor stormwater management permit.
Rose stated that the lot is oversized. The main dwelling is conforming as to setbacks and the barn is conforming to
setbacks as an accessory structure. Rose stated that the proposed lighting is downward casting and non -glare. The
screening on the property is mature, dense, and wide. The barn also provides screening to the pool where the main
activity will take place on the property. Rose stated that parking is conforming. The Applicant has taken environmental
considerations into account with this project. There will be limited disruption to the neighbors as the proposed work to
the barn is mostly interior work.
Degen asked if the bed & breakfast was exclusive to the barn or whether the Applicant would be opening their home to
customers. Rose stated that the bed & Breakfast was proposed as 3 bedrooms in the barn only. Bebrin stated that she
appreciated the complete application provided by the Applicant. She noted that the property is not visible from A. P.
Newcomb Road. Bebrin stated that the barn is well situated and she agrees it helps provide screening for the pool. The
landscape plan adds trees. Bebrin stated that there is ample space for the Applicant to handle the proposed project.
Bebrin believed a turnaround for the Fire Department was needed. Wentworth asked if a dumpster was proposed in the
area for refuse as there may be difficulty accessing that area for removal. Rose responded that a screened in box was
proposed in that area not a dumpster.
Michaels confirmed with Rose that the Applicant qualified for a minor stormwater permit due to the area already being
disturbed. Michaels stated that the property may benefit from additional stormwater facilities with the additional
pavement being added to the site with the pool, patio, and pool house. He expressed concern that a drainage area was
located close to the refuse area. Michaels suggested reviewing the lights on the south side of the barn. He was
concerned that the lights may be visible to the abutter because of how high the property sits. Michaels also asked if
there would be a sign installed for the bed & breakfast. Rose responded that a sign was not discussed but that she is
aware that there is a permitting process for signs.
Taylor noted comments received from the Conservation Administrator calling out the wetland across the street and for
the Applicant to be mindful of siltation into the road. Taylor asked where the pool water goes and stated that it cannot
be pumped into the woods. Idman stated that he did not see a backwash pit for the pool in the application. He noted
that a minor stormwater permit was issued and the Applicant was put on notice that there are specific procedures that
need to be followed to empty the pool and that the DPW should be contacted about those procedures. He also noted
that infiltration trenches were added to help with stormwater management. Idman stated that the stormwater from
the pool is not going to go off site. Taylor stated that the landscape plan was vague and asked if native species were
being used. Rose responded that native species were being used directed Taylor to the most recent landscape plan
which provided the species of proposed flowering trees to be added. She also stated that some ornamental plantings
would be used. Taylor stated that the Applicant had to be careful not to have non-native species spreading into the
PB Minutes 04/12/23 Page 4 of 6
woods. Idman stated the Planning Board could decide to add a condition to the site plan review decision that native
species be planted.
Carol Marie Anderson, Long Pond Road, expressed concern that land was being cut into to add pools. She urged the
Planning Board to be more conservation minded and to protect our "sweet places and sweet spaces". She gave an
example of a property on 6A that installed a pool without proper permitting. The owner told neighbors a play area for
the children was being installed but now it appears a bed & breakfast is being run from the property.
Bob Foscaldi, A.P. Newcomb Road, stated that he was the neighbor on the south side, and he was concerned with the
lighting being used on the back of the barn specifically if they were going to be on all the time or if they would be low
enough on the barn to not shine on his property. He also has zoning concerns which he will discuss with the zoning
department. He thinks a bed & breakfast will work out okay, but he does have concerns which he will address with the
zoning department. Rose responded to Foscaldi's comments stating that there were no lights on the southern side of
the barn. Rose believed that the Applicant would agree to have a motion sensor on the lights so they do not remain on
overnight.
Taylor suggested a bike rack be added on site near the barn. Idman noted that the lights are downcast, shielded and of
residential scale. Idman suggested it would be atypical to put a timer on such a light. Hillis -Dineen stated that a motion
sensor for the lights could create a nuisance. Idman stated that it was incumbent upon the owners to handle the
lighting. They are also required to provide a morning meal to operate as a bed & breakfast.
Bebrin stated that there were department comments on this project received from various town staff and they are
available for public review.
Motion by Michaels to Approve Site Plan Review, Case No. 2022-09, subject to the Conditions, as discussed. Rose
asked for clarification on the conditions and the bike rack was noted. Second by Bebrin. Vote: 7-0-0.
7:36 PM PLANNING DISCUSSION
Planning Board Application Forms. The Planning Board will review, discuss, and may vote to approve revised application
forms.
The Planning Board reviewed revised application forms prepared by staff and provided comments. There was discussion
regarding a Planning Board policy requiring site plans to be stamped by a professional land surveyor or engineer. Idman
stated that the revised application form would replace 7-8 applications that currently exist. The application requires the
applicant to have some familiarity with the zoning bylaw in order to file the appropriate application under a specific
bylaw section. Michaels suggested a flow chart may be helpful to guide applicants through the application process. He
will share a flow chart type document he is working on with staff. The Planning Board suggested some revisions to the
form. They will continue their review and discussion at a later meeting.
7:57 PM PLANNING DISCUSSION CONTINUED
Stormwater Management by the Numbers. The Planning Board will review and generally discuss the number and type
of stormwater management applications and permits to date.
Michaels summarized the data provided in the 2022 and 2023 Stormwater Permit spreadsheets. In this time period,
there was an intake of 14 major and 16 minor stormwater permits. Degen stated that approximately 60% of the permit
applications received to date were minor and 40% major. Michaels suggested that waivers be tracked and included on
the spreadsheets.
Idman suggested the Planning Board hold a public hearing to discuss stormwater and provide a report on the number
and types of permits and other details to the public and take comments from the public. That hearing would be more of
a policy discussion. Idman also noted that Griffin Ryder, DPW Director, is a professional engineer and has agreed to
attend a Planning Board meeting to discuss stormwater management specifically HydroCAD reports and how to use the
PB Minutes 04/12/23 Page 5 of 6
data provided by those reports. Michaels noted that Minnesota and Massachusetts are the only two states that have
the recharge standard.
Jim Hagerty addressed the Planning Board regarding concerns he had with the requirements of the stormwater bylaw.
He stated that cost was a concern and referenced a project on Blueberry Pond Drive that cost $40,000 including
engineering costs. He also stated that a project that was approved at tonight's meeting of the Planning Board was
expected to cost approximately $40,000 as well.
8:04 PM APPROVAL OF MEETING MINUTES
Approval of Meetinp, Minutes: March 8, 2023.
The Board reviewed the March 8, 2023 meeting minutes. Motion by Bebrin to Approve March 8, 2023 Meeting
Minutes. Second by Degen. Vote: 7-0-0.
8:05 PM COMMITTEE REPORTS
Degen summarized the Select Board meeting from April 3, 2023 including that a Pre -Town Meeting session is scheduled
for April 18th at 6 pm, a roundtable discussion will take place with school and town officials on the proposition 2 Y2
override, the Recreation Department has come up with policies and notices were sent out to residents regarding pool
passes, the Kitchen Cafe received an annual liquor license, the Drummer Boy Park Committee is beginning work, and
there will be two proposition 2 % overrides for consideration at town meeting. Bebrin stated that the Vision Planning
Committee has received a revised charge and is focusing on community education and revisions to the local
comprehensive plan previously drafted. Bebrin also stated that the Bay Property Planning Committee will be hosting a
public forum on site on May 20th. Michaels stated that the Water Quality Review Committee met on March 24th to
review renewals for Pleasant Bay Nursing and Rehabilitation and Secure Storage. Hillis -Dineen stated that the
Affordable Housing Trust discussed and voted on numbers to apply to the CPC and received updates on projects
including rehabilitation of a home to keep it on the subsidized housing inventory. There is a ribbon cutting ceremony on
May 9th at Brewster Woods. Idman updated the Planning Board on the Millstone Road housing development which is
currently before the Zoning Board of Appeals. He noted that a reserved parking area is being required and all parking
spaces are at least 9'x 19' with some being 10' x 20'.
8:13 PM FOR YOUR INFORMATION
The Planning Board reviewed documents received in the FYI section of their packets including a public hearing notices
from the Harwich Planning Board, Chapter 91 notices, information on an upcoming MCPPO webinar, and information on
the May 9th ribbon cutting event at Brewster Woods. Idman summarized the Chapter 91 program for the Planning
Board.
8:16 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Wentworth asked when the Planning Board would be meeting with Griffin Ryder and stakeholders on stormwater
management. A date is not scheduled yet. Idman stated that he would also like to begin discussion on accessory
dwelling units.
Motion by Degen to Adjourn. Second by Bebrin. Vote: 7-0-0.
Meeting adjourned at 8:18 PM. Next Planning Board Meeting Date: April 26, 2023.
Respectfully submitted,
F
Lynn St. yr, Senior Depa ment Assistant, Planning
PB Minutes 04/12/23 Page 6 of 6