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HomeMy Public PortalAboutPlanning Board -- 2023-05-24 Minutes\j\\0 FLFWS In4" Brewster Planning Board Approved: 06/14/23 r 02198 Main Street Vote: 5-0-1 a o Brewster, MA 02631-1898 { Y = //Gi////////41//lIOIIfl11111111111P\\�\\\\O\�a\ (508) 896-3701 x1133 -- - - - . brewplan@brewster-ma.gov MEETING MINUTES Wednesday, May 24, 2023 at 6:30 pm Brewster Town Office Building Chair Madalyn Hillis -Dineen convened a meeting of the Planning Board at 6:30 pm with the following members participating: Amanda Bebrin, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Charlotte Degen was not present. 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. 6:32 PM CITIZEN'S FORUM No citizen comments. 6:33 PM REORGANIZATION OF PLANNING BOARD Hillis -Dineen asked for nominations for Planning Board Chair. Motion by Wentworth to Nominate Bebrin as Chair of the Planning Board. Second by Michaels. Bebrin accepted the nomination. Vote: 6-0-0. Bebrin took over the meeting as Chair. Bebrin asked for nominations for Planning Board Vice Chair. Motion by Bebrin to Nominate Wentworth as Vice Chair of the Planning Board. Second by Michaels. Wentworth accepted the nomination. Vote: 6-0-0. Bebrin asked for nominations for Planning Board Clerk. Motion by Wentworth to Nominate Michaels as Clerk of the Planning Board. Second by Freitas. Michaels accepted the nomination. Vote: 6-0-0. Bebrin asked for nominations for a member to recommend to the Select Board for appointment to the Brewster Affordable Housing Trust. Motion by Hillis -Dineen to Nominate Tony Freitas as the Planning Board Member Recommended to the Select Board for Appointment to the Brewster Affordable Housing Trust. Second by Michaels. Freitas accepted the nomination. Vote: 6-0-0. 6:35 PM PUBLIC MEETING Continued review and discussion on the accessory single-family dwelling. unit and accessory commercial dwelling; unit sections of the zoning bylaw. Documents: • 04/27/23 Memo re: ADU provisions from Jon Idman, Town Planner • 04/27/23 Memo re: ACDU provisions from Jon Idman, Town Planner • Brewster's Experience: ADU, ACDU, & Accessory Apartments since 2018 Bylaw and spreadsheet • Sections of Zoning Bylaw -179-2 (Definitions); 179-42.2 (ADUs); 179-42.3 (ACDUs); 179-25 (Extensions and Alterations); 179-26 (Residential lots of record); Table 1 (Use regulations); and Table 2 (Area regulations) Assistant Town Manager Donna Kalinick was present and participated in the discussion. Idman started the discussion by providing the Planning Board with a summary of the accessory commercial dwelling unit (ACDU) section of the zoning bylaw. He noted that a larger discussion including multi -family and mixed-use development would be beneficial. For purposes of zoning amendments, he recommended the Planning Board focus their current efforts on accessory dwelling units (ADUs). He referred the Planning Board to the ACDU memo he prepared. Idman noted that Table 1 (Use PB Minutes 05/24/23 Page 1 of 4 regulations) of the zoning bylaw does not specifically allow ACDUs in the Industrial zoning district, however Table 2 (Area regulations), Footnote 1, suggests that ACDUs can be developed in the Industrial district. Idman stated that this may be something the Planning Board would look to fix through amendments. Based on his research, he does not believe it was intended to allow ACDUs in the Industrial district. Wentworth asked why ACDUs would not be allowed in the Industrial district. Idman responded that residential uses sometimes conflict with Industrial uses. Idman further stated that security dwellings may be allowed in Industrial areas to safeguard businesses and activities of businesses. Michaels asked for clarification on security dwellings. Idman responded that security dwellings have been in the zoning bylaw for years and their purpose is to safeguard the business and to oversee the activities of businesses. One security dwelling is allowed per property. Idman stated that the bylaw is unclear on how many ACDUs are allowed on a site, but it appears the intent is to allow more than one per site. Idman mentioned a grant request he is working on with Town Administration for funds that would be used for a more comprehensive review of the zoning bylaw as it relates to commercial dwellings. The Planning Board agreed to table discussions on ACDUs for the time being to focus on ADUs for potential amendments at Fall Town Meeting. Idman stated that the Planning Board could make a technical correction to the ACDU section of the bylaw by clarifying whether ACDUs are allowed in the Industrial district. Jillian Douglass addressed the Planning Board. She stated that she was previously part of a review committee that included the Housing Partnership and the Affordable Housing Committee. They did not have the authority to change bylaws, but they did review residential uses and decided that accessory dwelling units or affordable accessory apartments as they were known at the time were not suited for Commercial and Industrial districts due to the potential occupants having children. Douglass agreed that there was a larger discussion to have on mixed-use properties and that consideration of children should be included in that discussion. The Planning Board continued their discussion on ADUs. Idman requested that the Planning Board provide directions as to what they would like to see as next steps. Freitas asked if it made sense to form a subcommittee to focus on the ADU bylaw that could handle research needed and come up with a work plan. Bebrin stated that the Planning Board could decide to form a subcommittee and that the committee could be tasked with coming up with a recommended list for changes to the ADU bylaw. Idman suggested that he could provide the Select Board with the ADU memo the Planning Board has reviewed as a starting point to communicate to the Select Board that the Planning Board is considering amendments to the ADU section of the bylaw. Idman suggested the Planning Board consider their work plan. He stated that since the Planning Board meets twice a month one meeting per month could be a planning meeting and the other meeting could be regulatory, subject to regulatory deadlines. Bebrin noted the importance of public engagement as the Planning Board works on the ADU bylaw. Kalinick stated that since 2018 when the first ADU bylaw was worked on the town has been very intentional with handling all housing related work in the public realm as discussions and work within housing can be difficult. The Housing Partnership was very involved in work on the first ADU bylaw including bringing it to the Planning Board and helping with public outreach. The Housing Partnership does have an interest in playing a role in any amendments to the ADU bylaw. Kalinick stated that the town is in a different place now than it was when the ADU bylaw was originally drafted. There is a general understanding that ADUs have not ruined the character of Brewster and that they can be an important tool in creating more housing units. Kalinick mentioned that she's been at recent regional meetings and ADUs have been a topic of discussion including making them easier for people to use including easing permitting, looking at modular units, and financing options with local banks. Idman stated that the work of a subcommittee would be conducted in public as well and meetings would be noticed and posted. Michaels stated that he believes that the Planning Board is still in the phase of generating ideas and the public forum may be beneficial to obtain ideas. Idman stated that the Planning Board's first step could be to have a public listening session. Bebrin stated that her preference would be to have the full board consider the ADU bylaw during regular meetings or special meetings if needed. Wentworth stated it would be interesting to get the public's feedback on how ADUs should be regulated for year-round rentals. PB Minutes 05/24/23 Page 2 of 4 Fran Manion, Lower Road, stated that she is currently working on a detached ADU. The ADU process for her has taken two years thus far and a tremendous amount of research. Manion stated that a lot of survey work has been done on her property and it has been costly. She also had to hire an architect. She is very sensitive to the environment and although a new septic system is not needed, she is willing to put in a new system. Manion stated that due to the expense, ADUs are not an option for those with moderate incomes. Manion stated that she thinks Brewster is doing a good job with affordable housing. Unfortunately, developers get preferential treatment and make money developing affordable housing whereas the moderate -income individual gets no breaks. Low-income units are great, but Manion urged the Planning Board not to forget those that fall in between low and high income. Manion urged the Planning Board not to delay work on ADUs and to take a leadership role. Steve Najarian, 571 Stony Brook Road, is also planning for an ADU on his property. Najarian stated that he is a landlord in Boston and noted the importance of life safety issues and creating more opportunities for ADUs to reduce illegal, unsafe units. He expressed concern with the requirement of the sworn affidavit stating that the unit will be rented for 12 months. He stated that renters may move and may not actually stay a full 12 months. He recommended making the affidavit requirement more flexible. Najarian discussed the registration system for units he rents in Boston which includes arbitrary inspections by the city. He also mentioned that the Building Inspector has some flexibility in working with the Building Code as it relates to the construction of ADUs. Najarian stated that the ADU process including surveying work has been expensive so it will be hard to make the unit affordable, but he will charge a reasonable rent. Jillian Douglass asked the Planning Board to stay open to all the comments they receive as people have unique situations. Douglass stated that occupancy year-round on the property was a goal of the original bylaw and there was a component to encourage keeping locals. She stated that the Housing Partnership is also interested in being part of this process. Hillis -Dineen appreciated the comments made by Fran Manion and believes there needs to be work done to make ADUs more affordable. She stated that she agrees with Freitas that an ad hoc committee to work on the ADU bylaw and report back to the Planning Board with concrete amendments may be a good idea. The Planning Board discussed next steps in the ADU process including communicating to the Select Board their intent to work on the ADU section of the zoning bylaw and conducting structured listening sessions with members of the public. Motion by Michaels to Direct the Town Planner to Communicate to the Select Board the Planning Board's Intention to Review and Potentially Amend the Accessory Dwelling Unit Section of the Zoning Bylaw. Second by Hillis -Dineen. Vote: 6-0-0. Idman suggested further research could be done as needed to not delay the process. Freitas stated that he does not want to see the process delayed by research but does want the Planning Board to be able to come up with a bylaw that works for people. Bebrin stated that the bylaw should include a statement that speaks to the bylaw's intent to create year-round housing. Bebrin thinks the Planning Board will benefit from public listening sessions which will help the Board understand what barriers the public is facing and how to reduce those barriers. The goal is to make the bylaw more functional. Idman stated that he would like to discuss a work plan with the Planning Board at their next meeting including how best to structure a listening session. Freitas expressed concern that it may be difficult to engage residents during the summer months. Michaels stated that the Brewster population triples during the summer so there may be more people willing to give feedback. Fran Manion suggested the Planning Board reach out to the Housing Assistance Corporation as they have educational materials that may be helpful with communicating to the public. Taylor requested a timeline for the Planning Board's work on the ADU section of the bylaw. Michaels stated that the Planning Board needed to think long term as well and suggested it was possible that zoning amendments may be on the town meeting warrant every year. Jillian Douglass stated that the process is progressive and the Planning Board should continue to work on ADU amendments. Idman stated a work plan including a timeline in anticipation of Fall Town Meeting will be provided at the next Planning Board meeting. PB Minutes 05/24/23 Page 3 of 4 7:26 PM APPROVAL OF MEETING MINUTES Approval of Meeting Minutes: May 10, 2023. The Board reviewed the May 10, 2023 meeting minutes. Motion by Wentworth to Approve May 10, 2023 Meeting Minutes. Second by Michaels. Vote: 6-0-0. 7:27 PM COMMITTEE REPORTS Michaels announced that the Water Quality Review Committee would be meeting on Friday, May 26, 2023. Wentworth stated that the Vision Planning Committee continues to work on editing the Local Comprehensive Plan and their next meeting is scheduled for Monday, June 5, 2023. Bebrin stated that the Bay Property Planning Committee held the first public forum at the bay property and it was well attended. The consultants are reviewing the information gathered and are expected to share results in about a month. A survey regarding long term planning for the Sea Camps properties will be available to Brewster residents beginning Thursday, May 25, 2023. Kalinick thanked Hillis -Dineen for her work on the Brewster Affordable Housing Trust (BAHT). She has been a member of the BAHT since its inception. Hillis-Dineen's term with BAHT ends on June 30, 2023 and she has decided not to seek reappointment. 7:30 PM FOR YOUR INFORMATION The Planning Board received a notice from the Harwich Planning Board regarding a public hearing scheduled for Tuesday, June 13, 2023. Griffin Ryder, DPW Director, will be participating in the Planning Board's June 28th meeting to discuss stormwater management. Motion by Wentworth to Adjourn. Second by Michaels. Vote: 6-0-0. The meeting adjourned at 7:35 PM. Next Planning Board Meeting Date: June 14, 2023. Respectfully submitted, Lynn St. COY , Senior Department Assistant, Planning PB Minutes 05/24/23 Page 4 of 4