Loading...
HomeMy Public PortalAboutPlanning Board -- 2023-06-14 MinutesBrewster Planning Board Approved: 06/28/23 OFLEWgrrrii •o�` °`Ep,F9y% 2198 Main Street vote: 6-0-1 o Brewster, MA 02631-1898 _ _ - 'h (508) 896-3701 x1133 - ,,,,,,;1jS�,. brewplan@brewster-ma.gov � MEETING MINUTES Wednesday, June 14, 2023 at 6:30 pm -- Brewster Town Office Building Chair Amanda Bebrin convened a meeting of the Planning Board at 6:30 pm with the following members participating: Charlotte Degen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Madalyn Hillis -Dineen was not present. Also participating: Jon Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Bebrin declared that a quorum of the Planning Board was present. She read the Meeting Participation Statement and Recording Statement. 6:33 PM CITIZEN'S FORUM No citizen comments. 6:34 PM PUBLIC MEETING Maior Stormwater Management Permit, Case No. 2023-09: Applicant/Owner: David and Karen Whitney through their representative Brian Yergatian, PE of BSC Group, Inc. has submitted a major stormwater permit application for property located at 25 Sumner Lane and shown on Tax Map 51, Parcel 65, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations. Documents: • 05/04/23 Existing Conditions Plan • 05/04/23 Site Plan • 05/04/23 Erosion & Sedimentation Control Plan • 05/04/23 Site Details • 05/17/23 Stormwater Management Permit Application • 05/23 Stormwater Narrative • 05/22/23 Staff Report Tim Klink of The Coastal Companies was present and Brian Yergatian, PE of BSC Group, Inc. participated remotely on behalf of the Applicant. Klink stated that a new garage is being constructed on site with a new driveway and therefore a major stormwater permit is required. He noted a large depression in the front yard. Wentworth stated that the depression is being filled in a lot and asked if that was due to grading for the new driveway. Klink responded that the project aims to take advantage of the slope, but the driveway will come in from Lake Shore Drive to avoid having to fill in the entire depression. Idman asked for comments from the project engineer because his understanding was that the depression would remain mostly in its natural state. Degen stated that stormwater management was important given the proximity of the property to the pond and that consideration had to be given to the depressions. Michaels asked the Applicant why so much grading was needed when there was already a significant depression. Klink responded that the regrading was being done to allow for planting, erosion control and for the driveway to be brought in. Idman stated that whether the depression stays in its natural state or whether it is completely re -graded bears on the Operation & Maintenance Plan. Yergation explained that grading to the basin was necessary because of the proximity to the driveway. Approximately 70% of the basin requires minimal grading and the remaining 30% will remain in its natural state. The basin has ample PB Minutes 06/14/23 Page 1 of 6 storage in the event of a 100 -year storm. The Planning Board discussed a condition of the permit for replanting of the basin. Klink stated that a plant list could be provided. Yergatian stated that typically a conservation mix is used for revegetation and the intent is to seed the basin with this mix. Motion by Michaels to Approve Major Stormwater Management Permit, Case No. 2023-09, subject to the Conditions Required by the Stormwater Management Regulations including a Condition that the Applicant Provide More Information on Re-planting/Re-seeding. Second by Wentworth. Vote: 6-0-0. 6:51 PM PUBLIC MEETING Major Stormwater Management Permit, Case No. 2023-20: Applicant/Owner: 178 Bonnie Doone Cartway, LLC 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 178 Bonnie Doone Cartway and shown on Tax Map 102, Parcel 13, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations. Documents: • 05/17/23 Stormwater Management Report and Operations & Maintenance Manual • 05/17/23 Proposed Site Drainage Plan • 05/18/23 Stormwater Management Permit Application • 06/01/21 Existing Condition Plan • 06/05/23 Staff Report • Specification Sheet for Swale Plants John O'Reilly of J.M. O'Reilly & Associates, Inc. and Attorney Ben Zehnder were present on behalf of the Applicant. O'Reilly stated that the Applicant is before the Planning Board for a major stormwater permit. Stormwater management for the high point and fire lane loop is being addressed through a swale being constructed on the eastern side of the site. The natural low area in front of the first proposed dwelling on the western side of the site is being used to address treatment for phosphorous and TSS. All runoff is being controlled on site. O'Reilly stated that the roof areas of the building will be addressed through subsurface leaching facilities which are designed for a 100 year storm. The Applicant is currently working with the Conservation Commission on work being done on the bayside of the property. O'Reilly will be seeking an amendment to the Order of Conditions to place a drywell for the middle house within the buffer zone. O'Reilly stated that when this property was purchased there were 4 existing cottages on site and the Applicant through a special permit process to replace 3 of the cottages with the fourth cottage closest to Bonnie Doone Road to be reconstructed. The removal of the hardscape from the cottages meets the peak discharge rates and conforms to the requirements of the Stormwater regulations. Swales are being provided on site for the treatment of nutrients and TSS. Taylor asked for clarification on the proposed 3 -bedroom house and O'Reilly stated that it was intended to replace the cottage located in the buffer zone which is required to be removed. O'Reilly stated that the western cottage is remaining and being remodeled, 2 cottages have been removed already, and the fourth cottage still needs to be removed. Michaels asked for clarification on the required recharge volume and O'Reilly confirmed 1214 cu ft. Michaels stated that there is a large pile of sand on site that should be managed throughout the construction period. O'Reilly stated that the pile of top soil will eventually be used for filling, Ioaming and landscaping. He also stated that the contractor has done a good job of managing and maintaining the site during construction. Michaels suggested a condition that straw wattles be installed to stabilize the pile. Degen stated that she has visited the site and her impression is that it is well managed. Wentworth asked whether the Stormwater calculations included the proposed 3 - bedroom house. O'Reilly responded that the runoff from that cottage was not included in the stormwater calculations but when the house is built the Applicant will modify the stormwater permit. Motion by Wentworth to Approve Moor Stormwater Management Permit, Case No. 2023-20, subject to the Conditions Required by the Stormwater Management Regulations and subject to further Conservation Commission Review and Approval of the Roof Runoff Leaching Galley Located in the 50-100 Foot Wetland Buffer. Second by PB Minutes 06/14/23 Page 2 of 6 Michaels. There was discussion on a possible condition to stabilize the soil pile but that is already a condition required through the stormwater regulations. Vote: 6-0-0. 7:03 PM PUBLIC MEETING Modification of 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., seeks modification of the major stormwater permit issued 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: • 04/12/23 Stormwater Management Permit • 04/13/23 Letter from Paul Alt, Abutter • 05/28/23 Sewage & Stormwater Site Plan • 05/28/23 Revised Routing Diagram • 05/29/23 Revised HydroCAD Report • 05/30/23 Request for Modification of Major Stormwater Management Permit Case No. 2023-12 • 05/31/23 Staff Report John O'Reilly of J.M. O'Reilly & Associates, Inc. was present on behalf of the Applicant. O'Reilly stated that the Applicant is requesting modification of the current major stormwater permit in order to utilize the natural depression at the front of the lot on the northwest side. The depression is large enough to accommodate the 100 -year storm. The Applicant has reached out to his neighbor who has no objection to using the natural depression. Two subsurface leaching facilities have been eliminated. The plans have been revised accordingly. Motion by Degen to Approve Modification of Major Stormwater Management Permit Case No. 2023-12, subject to the Conditions Required by the Stormwater Management Regulations. Second by Wentworth. Vote: 6-0-0. 7:07 PM PUBLIC MEETING Ma'or Stormwater Management Permit Case No. 2023-21: Applicant/Owner: Janice Marinello through her 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 439 Paines Creek Road and shown on Tax Map 38, Parcel 1, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations. Documents: • 06/13/23 Email from Matthew Farrell requesting to withdraw application without prejudice Bebrin stated that the Planning Board received an email from staff indicating that the Applicant would like to revisit the stormwater design and requests to withdraw the current application without prejudice. Motion by Degen to Approve Request to Withdraw Major Stormwater Management Permit, Case No. 2023-21 Without Prejudice. Second by Wentworth. Vote: 6-0-0. 7:09 PM PUBLIC MEETING Approval Not Required._ Case No. 2023-05:.Applicant/Owner: Eldredge Family Trust, Susan Eldredge, Trustee and Michael and Stephany Hutchinson through their representative Timothy J. Brady, PE/PLS of East Cape Engineering, Inc. seek endorsement of an Approval Not Required Plan for property located at 0, 26 and 96 Maury Lane and shown on Tax Map 56, Parcels 59, 93, and 60 respectively, 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: • 04/28/23 Plan PB Minutes 06/14/23 Page 3 of 6 • 05/26/23 Approval Not Required Application • 05/26/23 Staff Report Timothy J. Brady, PE/PLS of East Cape Engineering, Inc. was present on behalf of the Applicants Susan Eldredge and Michael and Stephany Hutchinson who were also present. Brady stated that the purpose of the plan is to create lots 3 and 4 which currently exist as one large undeveloped lot. The frontage had to be revised to create the new lots. Lots 3 and 4 meet the current zoning requirements. Michaels confirmed with Brady that Lot 1A is not part of the approval not required plan. Michaels also noted the poor condition of the roads and asked whether it is documented that the road was not required to be brought up to full road standards. Idman stated that he did not find a certificate of approval or covenant in the Registry of Deeds records and there was no note on the plan. Idman stated that it is not unusual in Brewster to see a lot of this size not be required to install a full bituminous travelled way. Idman further stated that there is an easement that allows access to these lots and the road layout is provided to show adequate frontage. Degen asked for further clarification on how lot 4 fronts the road. Idman responded that the subdivision layout provides legal frontage and the dirt road provides access. The road will be extended to lot 4. Degen also asked about access for the Fire Department. Idman stated that when the Applicant pulls a building permit the Fire Department will provide comments on what they require to access the properties. If a turnaround is needed, it will be requested at that time. Brady pointed out on the plan a way vehicles can maneuver to get around the properties. Wentworth noted an encroachment on lot 3 and Brady stated that the Applicant just became aware of he encroachment and will deal with it separately as it is a private issue. Freitas asked for clarification on the circle shown on the plan and Brady stated that the circle is the property line but you cannot point to it on the ground today. Further, it is a legal line that creates the frontage for those lots. Idman stated that he reviewed what the Planning Board originally approved and it was not required that the travelled way be in the legal layout and no construction of the road was required. Idman stated that the Planning Board should consider whether access can be made sufficient for one additional building lot. Degen clarified with Idman that this was an approval not required plan and the issue of access is not part of the scope of this plan but would be considered when an application for a building permit was submitted. Motion by Taylor to Endorse Approval Not Required, Case No. 2023-05. Second by Degen. Vote: 6-0-0. 7:20 PM PLANNING DISCUSSION Review and discuss timeline, process, and topics for work on the accessory single-family dwellinp, unit sections of the zoning bylaw. Documents: • ADU Zoning Amendment Timeline 2023 & Planning Board Regular Meeting Dates • Comparison of ADU Regulations by Local Towns • Cape Cod Inventory of Accessory Dwelling Unit Provisions by Town Housing Coordinator Jill Scalise was present and participated in the discussion. Building Commissioner Davis Walters participated remotely. Idman directed the Planning Board to charts provided summarizing ADU provisions of towns around Cape Cod. He asked for feedback on the listening session the Planning Board will hold at its June 281h meeting including the structure of the session. Idman asked whether the listening session should be based on issues the Planning Board has discussed to date, should it be based on information provided in the charts, or should it be structured more generally. Idman provided a list of general ADU topics for possible discussion at the listening session: purposes, owner occupancy, tenancy, lot size and dimensional regulations, unit size, design requirements, special permit?, enforcement/administration, annual permit cap, health and environmental regulations, and other. The Planning Board further discussed the format of the listening session. PB Minutes 06/14/23 Page 4 of 6 The Planning Board reviewed the timeline for work on ADU zoning amendments. Michaels asked for clarification on the listening session and Idman explained that it was an opportunity for the public to come in and share their likes/dislikes, wants/needs, and observations on ADUs with the Planning Board. The public could participate in person, remotely, or share comments via email or letter. Michaels suggested a survey may be more useful to provide information that is more representative of the town. He worried that a listening session would not accurately represent the wishes of the town's residents. Bebrin expressed concern that given the technical nature of ADUs a survey could take a significant amount of time to develop. She also stated that part of the information gathering includes hearing people's stories and it may not be possible to get that feedback in a survey format. Bebrin suggested that targeted outreach could be used to provide a more representative response. Freitas noted that it was still unclear how many ADUs exist and how many are in use. He stated he would like to amend the bylaw to make it easier for people interested in an ADU. Degen agreed that a listening session is a good step to help direct revisions to the bylaw. She specifically mentioned a desire to review the current square footage size requirements of the ADU. Idman stated that although there is not an available list of ADUs there is a sense of how ADUs are and are not working. He further stated that a survey is an option, but a good survey could take significant time to develop. He asked if the survey provided information different from the Planning Board's understanding would they change course without hearing from the public. Bebrin stated that the Planning Board may need to be expedient in their approach to revisions to have the amendments available for the Fall Town Meeting in order to help as many people as possible. As an example, she noted that the Planning Board's work on the stormwater bylaw, which was a new bylaw at the time, began in July and was before Fall Town Meeting. Wentworth stated that the listening session should be general. He would be interested in the public's thoughts on how the bylaw should be enforced and tracked. He is also interested in knowing what parts of the bylaw need to be eased or made more stringent. Wentworth stated that if ADUs cannot be tracked and enforced the intent of the ADU bylaw is not being met. Idman responded noting revisions Orleans updated its ADU bylaw removing the enforcement piece and relying on general zoning enforcement. Wentworth is interested in the tracking portion of the bylaw so that information can be used to determine whether an ADU is being used for year-round housing. Scalise discussed outreach done during work on the Housing Production Plan. She stated that the Council on Aging (COA) has expressed interest in participating in the discussion. The COA is a group that may not attend Planning Board meetings so the Planning Board may need to bring the discussion to the COA. Scalise offered to help facilitate sessions to discuss ADU amendments with the COA and to provide notes on the sessions to the Planning Board. Scalise stated that the Planning Board may want to reach out to groups such as these with some touch points to focus the discussion and to present consistent information to each group for feedback. The Planning Board discussed additional examples of outreach. The public does not need to attend a listening session to provide comments. Written comments are accepted and can be mailed or emailed. Idman stated that it is important to provide a draft bylaw with potential revisions to the public for feedback early in the process. Wentworth stated that he is interested in learning more about the cost burden associated with ADUs. Scalise stated that a staff member from the ADU Resource Center run through the Community Development Partnership and the Homeless Prevention Council will be attending the listening session and may be able to provide information on cost barriers. There was discussion on tiny homes and mobile homes and the difficulty in constructing those types of homes to meet building code and septic regulations. The Planning Board decided to move forward with a listening session at their June 28th meeting focusing on general ADU topics for discussion and providing a review of the current bylaw. Scalise stated that part of a listening session is to provide education to the public. Many people may not know how a bylaw works and people need help to understand the process and that the bylaw may not be able to address all concerns. The Planning Board discussed email outreach to notify the public of the listening session. Degen suggested outreach to target people who have applied for ADUs. PB Minutes 06/14/23 Page 5 of 6 8:02 PM APPROVAL OF MEETING MINUTES Approval of Meeting Minutes: Mav 24. 2023. The Board reviewed the May 24, 2023 meeting minutes. Motion by Bebrin to Approve May 24, 2023 Meeting Minutes, as amended. Second by Freitas. Vote: 5-0-1 (Degen abstained). 8:04 PM COMMITTEE REPORTS Degen summarized a recent Select Board meeting. Laurel Labdon thanked the Select Board candidates for very well managed campaigns and stated that she has complete confidence in the recount and the democratic process in town. She thanked everyone for their work. The Select Board reorganized with Ned Chatelain as Chair, Mary Chaffee as Vice Chair and Kari Hoffmann as Clerk. The Ponds Summit is scheduled for June 16th. The Kitchen Cafe sought and was granted an annual entertainment license for recorded, Bluetooth non -amplified music inside from 1 pm — 9 pm 7 days per week. A report on Beautify Brewster was given. The Cape Cod Commission gave an annual review. The One Cape Conference takes place on July 311t and August 1St. The APCC is looking to advance opposition to wastewater discharge from the nuclear plant and the Select Board signed on to the opposition. The EPA has offered a position opposing a proposed machine gun range 30 miles away from Brewster and is looking for public comment. Amanda Bebrin and Jon Idman gave a presentation on ADUs and potential amendments to the ADU provisions and the Select Board was supportive of moving forward. Jill Scalise and Donna Kalinick gave a report on the housing program and the Affordable Housing Trust. The Select Board continue to review their policies and there was discussion on the remote participation policy to which no changes were made. Wentworth stated that the Vision Planning Committee is still working on revisions to the LCP and is planning outreach. Bebrin stated that the Bay Property Planning Committee received 1300 responses to their survey and the data will be reviewed at an upcoming meeting. A second public forum is tentatively scheduled for Saturday, August 5th. There will be a ribbon cutting ceremony with an inaugural swim at the pool on June 251h. First Light Beach will be open 7 days per week beginning mid-June. 8:15 PM MATTERS NOT REASONABLY ANTICPATED BY THE CHAIR Bebrin stated that she would like to thank Madalyn Hillis -Dineen for service as Chair at the next meeting. 8:16 PM FOR YOUR INFORMATION The Planning Board received notices from the Harwich Planning Board regarding public hearings scheduled for Tuesday, June 13, 2023 and Tuesday, June 27, 2023. 8:17 PM MATTERS NOT REASONABLY ANTICPATED BY THE CHAIR CONTINUED The Planning Board will vote on committee assignments that expire on June 30th at the next meeting. Idman stated that the Zoning Board of Appeals (ZBA) approved the Millstone Road housing project with conditions. The ZBA expressed an interest in having the Planning Board Chair and staff discuss ADUs and potential changes to ADU provisions at their July 11th meeting. Idman asked the Planning Board to let the Planning Department know if they plan to attend in case posting of a joint meeting is necessary. Motion by Wentworth to Adjourn. Second by Degen. Vote: 6-0-0. The meeting adjourned at 8:19 PM. Next Planning Board Meeting Date: June 28, 2023. Respectfully submitted, Lynn St. C , Senior Department Assistant, Planning PB Minutes 06/14/23 Page 6 of 6