HomeMy Public PortalAboutPlanning Board -- 2023-07-12 MinutesOREws'r////,
Brewster Planning Board Approved: 7-26-23
O` 04 ELOEq 6y F� /i
r
2198 Main Street vote: 6-0-0
o y
Brewster, MA 02631-1898
_ —D
(508) 896-3701 x1133
brewplan@brewster-ma.gov
MEETING MINUTES
Wednesday, July 12, 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.
6:32 PM PUBLIC ANNOUNCEMENTS AND COMMENT
No citizen comments.
6:33 PM PUBLIC MEETING
Maior Stormwater Management Permit Case No. 2023-26: Applicant/Owner: Bridget E. Cahill through her
representative JM O'Reilly & Associates, Inc. has submitted a major stormwater permit application for property located
at 500 Run Hill Road and shown on Tax Map 33, Parcel 40, pursuant to Brewster Town Code Chapter 272 and its
accompanying Regulations.
Documents:
• 06/12/23 Existing Conditions Plan
• 06/12/23proposed Site & Drainage Plan
• 06/13/23 Stormwater Management Permit Application
• 06/13/23 Stormwater Management Report and Operations & Maintenance Manual, revised 07/03/23
• 07/05/23 Staff Report
John O'Reilly P.E., P.L.S. of JM O'Reilly & Associates, Inc. was present on behalf of the Applicant Bridget E. Cahill. O'Reilly
stated that a major stormwater permit has been prepared which takes advantage of the natural topography of the lot.
He noted the natural depression at the front of the property to the east of the dwelling. O'Reilly stated that renovations
to the home will double the size of the dwelling. He stated that roof runoff will be collected through a series of gutters,
downspouts and an ADS pipe which discharges just west of the depression. O'Reilly stated that he has provided volume
calculations and believes the application is compliant with the Stormwater Regulations.
Wentworth appreciated the use of the natural depression on the property. Wentworth asked about required
maintenance for the proposed splash pad. O'Reilly responded that the rip rap will be cleared of debris and leaf litter.
The driveway will be cleaned and gutters maintained. Michaels also appreciated the use of the natural depression. He
asked whether runoff could exceed the 46' contour and flood the road. O'Reilly directed Michaels to volume
calculations provided and noted that 75-80,000 gallons of water was accounted for up to the 46' contour. O'Reilly
stated that he did not foresee a storm that would generate enough water to overflow and flood the road. Bebrin asked
for clarification on waivers for nitrogen and phosphorus. O'Reilly stated that using a natural depression is different from
creating a bio swale or drain. He does not think a waiver is necessary. Idman stated that it is his opinion that a waiver is
not needed. He stated that there are a few different ways that the treatment requirement could be met for total
phosphorous and TSS. Idman stated that O'Reilly showed through his volume calculations that treatment requirements
can be met. Idman further stated that going forward the Planning Board should consider addressing, through their
PB Minutes 07/12/23 Page 1 of S
regulations, how to encourage the use of natural features and low impact development. Idman also noted that the
portion of the property on Run Hill Road is on the private section not the public section of Run Hill Road.
Motion by Wentworth to Approve Major Stormwater Management Permit, Case No. 2023-26, subject to the
Conditions Required by the Stormwater Management Regulations. Second by Taylor. Vote: 6-0-0.
6:40 PM PUBLIC MEETING
Approval Not Required, Case No. 2023-06: Applicant/Owner: Eastward Companies Business Trust through their
representative JM O'Reilly & Associates, Inc. seeks endorsement of an Approval Not Required Plan for property located
on Main Street and shown on Tax Map 138, Parcels 74, 75, 76, 77, 78, 79, 80, and 81 within the Village Business (V -B)
Zoning District. The plan is pursuant to MGL c. 41 §81L and §81P and §290-4 of the Brewster Subdivision Rules and
Regulations.
Documents:
07/05/23 Approval Not Required Application and Plan
07/05/23 Staff Report
John O'Reilly P.E., P.L.S. of 1M O'Reilly & Associates, Inc. was present on behalf of the Applicant Eastward Companies
Business Trust. Susan Ladue of Eastward Companies participated remotely. Wentworth recused himself from the
meeting as he is an abutter to the subject property.
O'Reilly stated that the parcel is made up of eight lots on the corner of Route 6A and Vesper Pond Drive across the street
from the Haven Center and adjacent to the Brewster/Orleans office park. O'Reilly stated that three lots are being
created from the eight lots and are intended for residential homes. He stated that all the lots are compliant with area
and frontage. Access to Lot A will be via Vesper Pond Drive. Lots B and C will be served by a driveway easement with
one curb cut to Route 6A. The previous plan of eight lots included dual driveway easements.
Degen asked O'Reilly if he was confident that access was available through Vesper Pond Drive given that it is a private
road. O'Reilly responded that the owners of the western lot do have access and frontage on Vesper Pond Drive. Freitas
noted that the lots are in the Village Business (V -B) zoning district and asked if the approval not required (ANR) plan
would change that designation. Idman stated that single-family dwellings are allowed in the V -B district. He further
stated that zoning compliance is not reviewed as part of the ANR process, but it does appear that the project complies
with zoning. Idman further stated that he is confident that the Applicant has rights in Vesper Pond Drive. Bebrin stated
that she is satisfied the requirements for an ANR plan have been met.
Motion by Degen to Endorse Approval Not Required, Case No. 2023-06. Second by Michaels. Vote: 5-0-0.
6:50 PM PLANNING DISCUSSION
Discussion with Brewster Historical Commission regarding a potential demolition delay bylaw
Documents:
• 07/07/23 Memorandum from Brewster Historical Commission
Patricia Hess, a member of the Brewster Historical Commission (BHC), stated that the Historical Commission has been
discussing a demolition delay bylaw for at least the last 10 years. BHC has never really taken a stand for or against a
demolition delay bylaw. A demolition delay bylaw can only delay not stop a demolition. In her work with staff on the
Local Comprehensive Plan (LCP), demolition delay was raised during the conversation on community character, so the
BHC decided to do more research as to whether a demolition delay bylaw was needed.
Hess directed the Planning Board to a map she provided for their meeting packet. She pointed out the Old King's
Highway (OKH) and noted the houses in green in the OKH historic district. She stated that OKH historic district does not
necessarily cover all houses on a road. Houses located out towards the beach are not all covered. She pointed out
PB Minutes 07/12/23 Page 2 of 5
houses shown in red on the map which are not covered by the ON historic district. Hess stated that Brewster lost half
its population between 1870 and 1910 so no new residential buildings were being constructed. The development of the
automobile became a factor in Brewster becoming a summer tourist community as did the development of Brewster
Park as well as cottages on Swift Lane, cottages near Pineland Park, and cottages on Ellis Landing. Hess stated that there
are very few houses outside of ON historic district that would be covered by a demolition delay bylaw. She stated that
the OKH Historic District Committee (OKH HDC) is local and regional and has rules and regulations that would not allow
the town to impose a demolition delay bylaw in their jurisdiction. Hess stated that the OKH HDC can stop demolition but
cannot agree to a delay. A demolition delay bylaw would ask an applicant to agree to delay demolition for a certain
period of time. During the delay period, discussions could happen with the owner to see if there was interest in
preservation.
Hess stated that the BHC has decided as a commission they are not in favor of a demolition delay bylaw because the
OKH historic district covers 317 of the houses identified as historic in Brewster and many of the houses that are not
covered are cottages many of which have been changed. She asked the Planning Board for their thoughts on a
demolition delay bylaw. She noted the concern of the BHC that a demolition delay bylaw would be another layer of
regulations. She stated that of the 50 houses outside the OKH historic district, only 10 were built before 1900. After
1900, as residential building resumed, most were bungalows and cottages. The BHC wondered if it was worth going
through the bylaw process to save the cottages and bungalows. Taylor stated that there are several towns along Route
6A that have historic districts and demolition delay bylaws. She wondered if an overlay district would allow for
demolition delay.
Idman asked how the BHC defined historic houses. Hess responded that in 2016 the BHC commissioned a survey of all
the historic properties in Brewster. The BHC worked with a consultant to review houses built before 1925. Each of those
houses now has a Form B or historic narrative which can be found in the Brewster Ladies Library. Idman stated that a
demolition delay bylaw can overlap with a historic district but it can lead to awkward decision making. The better
practice is to defer to the HDC who may prohibit demolition. Idman stated that if demolition delay is something the
town wants another option may be to extend the historic district through special legislation. A historic district act can
create design standards.
Freitas asked if the purpose of the delay bylaw was to extend the historic district to the bay. Idman responded that the
delay bylaw was a separate option. Freitas asked if most houses shown on the map provided for Brewster Park have
been changed from their original construction. Hess responded that she believed that to be true in the context of
Brewster Park originally being a family summer compound. Many of the houses in Brewster Park have been made into
full-time houses. Hess also stated that several homes in the Ellis Landing cottage colony have been altered but there are
still some original cottages. Freitas asked what the impact of the bylaw would be on the average person. Hess
responded that the bylaw may allow a conversation with owners and lead to preservation of historical homes. Freitas
asked Hess to confirm the definition of the historical designation. Hess stated that the BHC reviewed houses prior to
1925 as part of their survey. She stated that the town could decide what to designate as historic. She stated that some
towns are moving towards historic designations for houses that are at least 75 years old. The survey was started to
create an inventory of historical houses not for purposes of a demolition delay bylaw.
Taylor stated that originally the OKH historic district went down to the bay. She asked why it was pulled back. Idman
responded that it could be because its what residents wanted at the time. Taylor stated that extending the district may
be the best option for historic preservation. Taylor asked Idman if he had suggestions for other options. Idman
responded that the town may want to look to extend the historic district. Taylor asked whether the town should
consider a bayside and seaside historic district. Hess responded that the BHC did consider such districts but wondered if
it was worth it because most of the properties are cottages. Idman stated that there is a lot of baseline work to
establish a local historic district. Idman stated that there are no design standards in zoning.
PB Minutes 07/12/23 Page 3 of 5
Michaels stated that even if the demolition delay bylaw is not the best option it does send a message that Brewster
cares about older homes. Michaels stated that he believes the historic district should be more inclusive. He stated that
there are benefits to a demolition delay bylaw including conversations with owners. In response, Hess responded that
houses shown in red were identified through the assessor's database and BHC did additional research, so she is
confident in their accuracy. Hess also stated that there are several areas of land in Brewster that are under conservation
restriction so no homes can be built in those areas.
Degen asked what would be involved in creating design standards. Idman responded that the best way to establish
design standards would be to include them in the zoning bylaw. Considerations would have to include how broad the
standards should be applied such as to every alteration or to focus on certain areas to apply design standards. Another
consideration would be whether the standards would apply to both old and new buildings. The purpose of design
standards is not to preserve the old bones of the property but more for aesthetics. Idman stated that a consultant
would have to be hired to draft the design standards. Zoning would have to be changed to include reference to the
design standards. Idman stated that the work would include assistance from a consultant, a regulatory process, and
approval by Brewster residents. Degen asked whether design standards would help accomplish the goal of the BHC.
Hess responded that it is not in the purview of the BHC but may sit with the OKH HDC. Hess stated that the role of the
BHC is to look at the bigger picture and help with preservation. Hess stated that the BHC would need to discuss whether
design standards, in their opinion, would help preserve the character of the community. Hess felt that design standards
should not be imposed on cottages. Idman stated that design standards are not necessarily for historic preservation but
are more to maintain character in a certain area. The standards may include design related to roof lines to maintain
views.
Wentworth agreed that he would like to keep the smaller home character of the town but does not believe the
demolition delay bylaw does that. Wentworth asked if design requirements could restrict the size of homes. Idman
stated that floor area or height restrictions are possible. Wentworth stated that size needs to be restricted more than
design. He believes enormous homes are changing the character of Brewster. He would prefer to see a smaller modern
home.
Bebrin thanked Hess for her presentation. She stated that a demolition delay bylaw seems to be a lot of work for not a
lot of return and it would be a hard sell at town meeting. Hess stated that this will be an ongoing conversation and she
will be speaking to the OKH HDC next month.
Jillian Douglass stated that Brewster was seeing a huge economic change that cannot be solved with zoning or
regulations. An attempt at preserving the town's character can be made with design standards. Douglass directed the
Planning Board to the red dots on the map and noted how scattered they were and the challenge that would come with
trying to preserve. Douglass also stated that a demolition delay bylaw does allow for engagement with abutters. She
stated that the design standards should not just focus on the age of the construction. She does not think a delay bylaw
is the answer, but it could be considered as a tool.
7:36 PM APPROVAL OF MEETING MINUTES
A roval of Meeting Minutes: June 28 2023.
The Board reviewed the June 28, 2023 meeting minutes. Motion by Degen to Approve June 28, 2023 Meeting Minutes,
as amended. Second by Freitas. Vote: 6-0-0.
7:37 PM COMMITTEE REPORTS
Taylor stated that the Community Preservation Committee is reviewing new applications for the Fall Town Meeting. The
Open Space Committee has received approval to have appraisals done on parcels for possible consideration at the
Spring Town Meeting.
PB Minutes 07/12/23
Page 4 of 5
Degen summarized a recent Select Board meeting. In August, a multigroup discussion will take place on local preference
standards for the Millstone Road housing development. Over 1100 people participated in Brewster Conservation Day.
The Select Board meeting also included a dangerous dog hearing.
Wentworth stated that the Vision Planning Committee had a booth at Brewster Conservation Day and engaged with
many residents and nonresidents regarding the Local Comprehensive Plan.
Freitas attended his first meeting of the Affordable Housing Trust. The meeting was spent discussing the Millstone Road
housing development and a letter in support of funding for the development. There was information provided at the
meeting on new income levels and how they relate to providing rental assistance.
Bebrin stated that the Bay Property Planning Committee met to review initial design concepts received from the
consultant. A second public forum will take place on Saturday, August 5, 2023 from 1 pm- 4 pm in the dining hall. Some
of the buildings will be open for public viewing.
7:42 PM FOR YOUR INFORMATION
The Planning Board received a public hearing notice from the Harwich Planning Board for Tuesday, July 25, 2023. The
Planning Board received an email from Talitha Abramsen of the CDP ADU Resource Center regarding Crested Butte, CO
ADU bylaws. A copy of the presentation from the ADU Listening Session on June 28, 2023 was provided to the Planning
Board.
Idman stated that based on conversation and public input from the last meeting, he would like to present the Planning
Board with a first draft of the ADU provisions at the next Planning Board meeting.
DPW Director Griffin Ryder is expected to provide a stormwater management presentation to the Planning Board in the
Fall.
7:44 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
None.
Motion by Wentworth to Adjourn. Second by Michaels. Vote: Vote: 6-0-0. The meeting adjourned at 7:45 PM.
Next Planning Board Meeting Date: July 26, 2023.
Respectfully submitted,
Lynn St. dr, Senior Deparfp6ent Assistant, Planning
PB Minutes 07/12/23 Page 5 of 5