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Home My Public Portal AboutPlanning Board -- 2023-09-13 Minutesd "b 'ON,0aew aFp° Brewster Planning Board Approved: 09/27/23 e z Q vote: 6-0-1 2198 Main Streetkk 3 � y ^ Brewster, MA 02631-1898 o h\ (508) 896-3701 x1133 brewplan@brewster-ma.gov MEETING MINUTES - - - - Wednesday, September 13, 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, Madalyn Hillis -Dineen, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Tony Freitas 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. The Meeting Participation Statement and Recording Statement were read. 6:32 PM PUBLIC ANNOUNCEMENTS AND COMMENT None. 6:33 PM PUBLIC MEETING Maior Stormwater Management Permit, Case No. 2023-38: Applicant/Owner: James Bursma through his representative J.M. O'Reilly & Associates, Inc. has submitted a major stormwater permit application for property located at Crocker Lane and shown on Tax Map 69, Parcel 10, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations. Documents: • 11/15/22 Existing Conditions Plan • 08/04/23 Stormwater Management Report and Operations & Maintenance Manual • 08/04/23 Site Drainage & Sewage System Plan • 08/04/23 Watershed Plan • 08/14/23 Major Stormwater Management Permit Application • 08/14/23 HydroCAD Report • 08/21/23 Staff Report John O'Reilly P.E., P.L.S. of JM O'Reilly & Associates, Inc. was present on behalf of the Applicant James Bursma. Mr. Bursma was present via Zoom. O'Reilly stated that the Applicant is seeking a major stormwater permit to build a 4 - bedroom home on a currently vacant lot. O'Reilly stated that there are three (3) bioswales to the rear, west of the driveway, and in the looped driveway proposed along with subsurface leaching facilities. The site has been designed for a 100 -year storm. Degen asked what plantings were proposed for the swales and O'Reilly responded that a seed mix will be used in the swales but eventually the homeowners will add landscaping. The bottom of the swale will remain grass, but the slopes will be shrubbed. The swale in the backyard will be entirely grass. Degen requested a condition of permit approval be that the gutters and downspouts be maintained. O'Reilly stated that cleaning will take place annually or bi-annually, as needed. Taylor asked about annual inspections of gutters and downspouts. O'Reilly stated the engineer is expected to witness the installation of drainage facilities and certify a plan showing gutters and downspouts. Idman stated a certificate of compliance is required. In terms of long-term compliance review, this permit is like a special permit with conditions. There is no annual compliance review but if there is a problem it will be brought to the attention of the Building Commissioner. There are inspections that take place through the Building Department that will allow staff to observe if gutters and downspouts are in operating condition. Idman stated that the engineer will certify, prior to issuance of a certificate of occupancy, that the drainage systems have been installed as designed and approved. PB Minutes 09/13/23 Page 1 of 4 The Planning Board discussed conditions of the major stormwater permit. Motion by Wentworth to Approve Malor Stormwater Mana gment Permit Case No. 2023-38 subject to the Conditions Required by the Stormwater Management Regulations and including the Condition that Gutters and Downspouts are Regularly Cleaned and Maintained. Second by Hillis -Dineen. Vote: 6-0-0. 6:42 PM PUBLIC MEETING Approval Not Reguired. Case No. 2023-08: Applicant/Owner: George E. Martin and Lorraine M. Spenle through their representative J.M. O'Reilly & Associates, Inc. seeks endorsement of an Approval Not Required Plan for property located at 169 and 173 Paines Creek Road and shown on Tax Map 36, Parcel 15 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: • 08/25/23 Approval Not Required Plan • 08/29/23 Approval Not Required Application • 08/31/23 Staff Report with ZBA Decision #23-15 John O'Reilly P.E., P.L.S. of JM O'Reilly & Associates, Inc. was present on behalf of the Applicant George E. Martin and Lorraine M. Spenle. O'Reilly stated that prior to filing the approval not required application (ANR) the Applicant received a variance from the Zoning Board of Appeals (ZBA) to be allowed to divide the property into two lots which are lacking in either area, frontage, or both. Both lots have structures and the rear lot also has a detached garage. The existing driveway will be used now to get to the rear buildings but if the property is ever sold a new driveway would be installed through the panhandle. Idman stated that the structures on the lots date back to the 1940s, pre-existing subdivision control law in Brewster. Based on the date of the structures, this division meets an exception to the definition of subdivision in MGL Ch. 41, Section 81L and the ANR plan is therefore required to be endorsed. In addition, the Applicant received a variance from the ZBA as the Planning Board's endorsement of the ANR plan does not imply zoning compliance or zoning buildability of the lots. Motion by Wentworth to Endorse Approval Not Required, Case No. 2023-08. Second by Michaels. Vote: 6-0-0. 6:50 PM PUBLIC HEARING Public Hearing on Proposed Zoning Amendments Related to the Accessory Dwelling Unit Sections of Brewster Zoning Bylaw Cha ter 179: The Planning Board will consider proposed amendments to the Brewster Zoning Bylaw related to accessory dwelling units and associated matters, specifically involving the following sections of said Bylaw, and to accept public comment thereon: Section 179-2 Definitions; Section 179-42.2 Accessory single-family dwelling units (ADUs); Chapter 179, Table 1, Use Regulations; and Chapter 179, Table 2, Area Regulations. Documents: • 09/08/23 Memo from Jon Idman • Current ADU Provisions: Chapter 179-42.2 ADUs; Chapter 179-2 Definitions; Chapter 179 Table 1 Use regulations; Chapter 179 Table 2 Area regulations with mark-up of proposed amendments and draft proposed amendments. Motion by Degen to Open Public Hearing on Proposed Zoning Amendments Related to Accessory Dwelling Unit Sections of Brewster Zoning Bylaw Chapter 179. Second by Michaels. Vote: 6-0-0. Assistant Town Manager Donna Kalinick and Building Commissioner Davis Walters were present. Bebrin stated that the Planning Board with assistance from staff and feedback from the public have been working on amendments to the accessory dwelling unit (ADU) sections of the zoning bylaw since May. The Planning Board is working on amendments to make the ADU process simpler and more accessible for residents and to help create more PB Minutes 09/13/23 Page 2 of 4 year-round housing. Idman stated that the Planning Board has an interest in liberalizing the ADU provisions for the purposes that benefit the town and for the uses the town would like to see ADUs put to while at the same time further restricting uses the town does not want to see such as short-term rental and accommodation uses especially in single- family residential neighborhoods. Idman reviewed housekeeping revisions made since the last meeting. He stated that along with Bebrin he presented the proposed amendments to the Select Board who voted to commit the proposed amendments back to the Planning Board to initiate a public hearing. Idman also updated the Zoning Board of Appeals on the proposed amendments and received supportive feedback from the ZBA. Taylor asked if there would be a meeting prior to Town Meeting in which warrant articles will be reviewed. Taylor stated she thinks people will have a lot of questions at Town Meeting. Kalinick responded that there will be a video prior to town meeting that walks residents through the warrant articles. There will also be a pre -town meeting forum that people can participate in person or via Zoom. It is anticipated that video will be released and the forum will take place the last week of October. Kalinick also stated that the Select Board and the Finance Committee will review, discuss, and vote on each warrant article at a meeting. There will also be commentary in the warrant book about the warrant articles. Michaels suggested a FAQ document to help explain the bylaw amendments. The Planning Board discussed the suggestion by a member of the public that a rental registration system was needed. Motion by Wentworth to Close Public Hearing on Proposed Zoning Amendments Related to Accessory Dwelling Unit Sections of Brewster Zoning Bylaw Chapter 179. Second by Degen. Vote: 6-0-0. Motion by Wentworth to Recommend the Amendments to Sections 179-2 B, 179-42.2, Table 1 and Table 2 of the Brewster Zoning Bylaw Related to Accessory Single -Family Dwelling Units and Request the Select Board Place the Proposed Amendments on the Fall Town Meeting Warrant for Consideration. Second by Degen. Vote: 6-0-0. 7:09 PM APPROVAL OF MEETING MINUTES Approval of Meeting Minutes: August 9, 2023. The Board reviewed the August 9, 2023 meeting minutes. Motion by Michaels to Approve August 9, 2023 Meeting Minutes. Second by Hillis -Dineen. Vote: 5-0-1 (Degen abstained). Approval of Meeting Minutes: August 23, 2023. The Board reviewed the August 23, 2023 meeting minutes. Motion by Wentworth to Approve August 23, 2023 Meeting Minutes. Second by Michaels. Vote: 6-0-0. 7:11 PM COMMITTEE REPORTS Michaels stated that he is now the Chair of the Water Quality Review Committee (WQRC). WQRC is now reviewing the charter and the committee's mission and charge to see if modifications are needed. Degen summarized the September 11, 2023 Select Board meeting including Town Meeting date is November 13, 2023; work on Town Meeting warrants articles was done; seasonal liquor license for Peacemaker was approved; Brewster worked with the towns of Dennis and Wellfleet to secure a housing rehab and childcare certificate grant; a communication survey is currently available on the town's website through October 10, 2023; and Deputy Assessor James Gallagher provided analysis on tax -rate classifications. Wentworth stated that the Vision Planning Committee (VPC) met on September 5th and received an overview of the Select Board strategic plan and capital facilities plan. The VPC approved revisions to the Local Comprehensive Plan (LCP) and relationship diagram and voted to recommend the draft LCP for Fall Town Meeting consideration and to the Planning Board and Select Board for a public hearing on September 27th. The draft LCP is available on the town's website. The VPC continued to discuss public outreach including a public forum for October and a question -and -answer session that to be recorded and run on Channel 8. PB Minutes 09/13/23 Page 3 of 4 Bebrin stated that both the Bay and Pond Property Planning Committees will be meeting to discuss results of the survey and second public forum. A pool survey is being planned so the committee can get feedback on the first season of pool usage. The Brewster Volunteer Fair will take place on Saturday, September 30th from 10 am -12 pm at the bay property dining hall. Taylor suggested the Planning Board may want to provide a handout on the proposed ADU amendments to the public at the volunteer fair. 7:20 PM FOR YOUR INFORMATION The Planning Board received a notice of public hearing for Monday, September 18, 2023 from the Dennis Planning Board and a letter from Jillian Douglass recommending a rental registry program. Idman stated that the Brewster Housing Partnership has an item on their September 21St meeting agenda related to the ADU bylaw. Motion by Wentworth to Adjourn. Second by Michaels. Vote: 6-0-0. The meeting adjourned at 7:23 PM. Next Planning Board Meeting Date: September 27, 2023. Respectfully submitted, Lynn St. yr, Senior DeparUnent Assistant, Planning PB Minutes 09/13/23 Page 4 of 4