HomeMy Public PortalAboutPlanning Board Packet 11/08/23Planning Board
Amanda Bebrin
Chair
Alexander
Wentworth
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Madalyn Hillis -
Dineen
Antone Freitas
Elizabeth Taylor
Town Planner
Jonathon ldman
Senior Department
Assistant
Lynn St. Cyr
Town of Brewster Planning Board
2198 Main St., Brewster, MA 02631
brewplan@brewster-ma.gov
(508) 896-3701 x1133
PLANNING BOARD MEETING AGENDA
2198 Main Street
November 8, 2023 at 6:30 PM
This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of
the members of the public body will attend the meeting in person and members of the public are welcome to attend in
person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance
with applicable law. Please note that while an option for remote attendance and/or participation is being provided
as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems
interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law.
Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its
representatives, should make plans for in -person vs. virtual attendance accordingly.
Members of the public who wish to access the meeting may do so in the following manner;
Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID: 841 0778 1002. Passcode: 612505.
To request to speak: Press *9 and wait to be recognized.
Zoom Webinar: https:/ /us02web.zoom.us/j/84107781002?pwd=VTVSV1ExaUNCL253NmNZV21Gdmo4dz09
Passcode: 612505.
To request to speak: Tap Zoom "Raise Hand", then wait to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate m
the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast
live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov),
or Video recording (tv.brewster-ma.gov).
The Planning Board packet can be found on the Calendar on the Town of Brewster website (www.brewster-ma.gov).
Please note that the Planning Board may take official action, including votes, on any item on this agenda. Whenever
the Planning Board takes up a matter as a public hearing, the Board will also allow the opportunity for public comment
on the matter.
1. Ca11 to Order.
2. Declaration of a Quorum.
3. Meeting Participation Statement.
4. Recording Statement. As required by the Open Meeting Law we are informing you
that the Town will be video and audio taping as well as broadcasting this public
meeting. In addition, if anyone else intends to either video or audio tape this
meeting they are required to inform the Chair.
5. Public Announcements and Comment. Members of the public may address the
Planning Board on matters not on the meeting's agenda for a maximum of 3-5
minutes at the Chair's discretion. The Planning Board will not reply to statements
made or answer questions raised during public comment but may add items
presented to a future agenda.
6. Public Hearing: Proposed Modification, Special Use Permit and Site Plan
Approval Decision (#2017-11 MOD1): Applicant: Ocean Edge Resort LLC. Owner:
Brewster Properties, Inc. Property: 30-44 Villages Drive as shown on Tax Map 89,
Parcel 23. The Applicant seeks to modify special use permit and site plan approval
decision #2017-11, which authorized the construction and operation of seasonal
workforce housing units as an accommodations use for employees of Ocean Edge
Resort. Specifically, the Applicant seeks modification of condition #2 of the decision,
which limited the term of the approval to five (5) years, to remove any term
limitation of the approval and make it permanent. The Planning Board will consider
and potentially vote whether to approve the request for modification.
7. Discussion with Department of Public Works Director Griffin Ryder regarding
stormwater management permitting.
vvWull 111011/1
OREWST„
Planning Board
Amanda Bebrin
Chair
Alexander
Wentworth
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Madalyn Hillis -
Dineen
Antone Freitas
Elizabeth Taylor
Town Planner
Jonathon Idman
Senior Department
Assistant
Lynn St. Cyr
8. Approval of Meeting Minutes: October 25, 2023
9. Committee Reports.
10. For Your Information.
11. Matters Not Reasonably Anticipated by the Chair.
12. Next Meetings: December 13, 2023 and January 10, 2024.
13. Adjournment.
Date Posted:
11/01/23
Date Revised:
Received by Town Clerk:
_R.E.:[,_TERM TOwk L f V:
PROPOSED MODIFICATION, SPECIAL USE
PERMIT AND SITE PLAN APPROVAL
DECISION #2017-11 MOD1
APPLICANT: OCEAN EDGE RESORT LLC
PROPERTY: 30-44 VILLAGES DRIVE
MEMORANDUM
Date: October 31, 2023
To: Planning Board
From: Town Planner
Re: PB#2017-11MOD1, Special Permit/ Site Plan Approval Decision Modification Request
Applicant: Ocean Edge Resort LLC
Property: 30 through 44 Villages Drive (Map 89 Parcel 23)
_____________________________________________________________________________________
The applicant has submitted a request to modify Condition #2 of the above-referenced decision, which
limited the term of the above-referenced special permit to five years (a copy of the decision is included in
the Planning Board packet for reference). The permit term is now set to expire January 2024 (including
with respect to COVID-related extensions under State law). The applicant requests that the special permit
have an unlimited term and run with the property in perpetuity.
The decision permitted the development and operations of commercial accommodations on the property
for seasonal workforce housing use (specifically, employees of Ocean Edge Resort). The special permit
was timely exercised, and is currently valid and in effect.
The applicant has satisfied and complied with all Conditions of the decision, including Condition #18
which required a Planning Board review following one-year after decision issuance (relevant documents
about the one-year review have been included in the Planning Board packet for reference).
There are no active noncompliance issues and has been no regular pattern of noncompliance. Any
problems that have arisen have been infrequent, sporadic and remedied quickly with an eye to preventing
recurrence.
The on-site septic system continues to be adequate for the use as proposed (comments and copies of
supporting documents have been provided by the Health Department and included in the Planning Board
packet for reference). A few other department comments were received, citing that there were not any
ongoing issues, concerns or requirements by the department associated with the proposal.
To effect the requested modification, I’d suggest that Condition 2 could either be deleted in its entirety or
revised to read ‘[T]he decision shall run with the property.’
No other changes or modifications are requested in the application.
Town Of Brewster
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x1150
Office of:
Planning Department
Town of Brewster
Planning Board
2198 Main Street
Brewster, MA 02631
508-896-3701 x1150
www. brewster-ma. gov
December 3, 2018
Thomas J. Devane, Jr., Project Director
Corcoran Jennison Company, Inc.
Bayside Office Center
150 Mt. Vernon Street, #500
Boston, MA 02125
RE: Ocean Edge Resort Limited Partnership
Special Use Permit and Site Plan Approval # 2017-11
Dear Thomas,
At the November 14th duly noticed Planning Board meeting, the Board conducted a compliance
review of Special Use Permit and Site Plan Approval decision #2017-11.
The Board found that the status report provided for the workforce housing motel project
adequately addressed the conditions of approval of the permit. The Board further determined
that no public hearing to amend the conditions of the approval is necessary at this time.
Thank you for the opportunity to tour the site and ask questions about the operations and
management of this project. On behalf of the Board, I wish you another safe, successful and
peaceful season.
R- s ectfully,
Kari Hoffmann
Chairperson
Cc: Ryan Bennett, Town Planner
'18 DEC. 11317P
3REISTER TON CLERK
Ocean Edge Resort Limited Partnership
2907 Main Street
Brewster, MA 02631
November 7, 2018
Brewster Planning Board
c/o Ryan Bennett, Town Planner
Brewster Town Offices
2198 Main Street
Brewster, MA 02631
S C
; r-1 .t ', Vi E 0
,111 , NOV 7 2018 k E,..
!
-
1 BR ` 4STE R PLANNING BOARD
! ZONING BOARD OF APPEALS
Re: Special Use Permit and Site Plan Approval Decisions No. 2017-11
Ocean Edge Resort Limited Partnership
0 Main Street and Villages Drive
Assessor's 89, Lots 23 & 35
Dear Members of the Brewster Planning Board:
In accordance with the above referenced Special Permit (the "Special Permit"), Ocean Edge
Resort Limited Partnership ("Ocean Edge") hereby submits a status report on its workforce
housing motel project, for consideration by the Board during its meeting on November 14,
2018.
Ocean Edge has addressed each of the twelve enumerated conditions in the Special Permit as
follows:
1. The proposed development shall be constructed in accordance with the plans and
information submitted to the record, as enumerated above,
• The development was constructed in according with the approved plans.
2. This Special Permit shall be valid for a period of 5 years from the date of approval unless
an extension is granted, through a duly advertised public hearing, by the Brewster
Planning Board. Violation of any of the within conditions shall constitute grounds for
non -renewal.
• Ocean Edge shall comply with all conditions and for renewal.
3. The motel use may be occupied April 1st through November 30th. From December 1st to
March 31st, the units will not be inhabited and all utilities to the site will be turned off.
• Ocean Edge has complied with the occupancy dates. The site will be vacated and
the utilities will be turned off after November 306,
4. The Applicant shall install security cameras on the site and conduct on -site security
monitoring between 10 PM and 3 AM.
• Security cameras were installed at the site.
• Ocean Edge has employed a dedicated security officer on site from 10 PM to 3
AM seven days a week during occupancy.
5. Quiet hours shall be observed between 10 PM and 7 AM to prevent anything audible
outside the buildings.
• Quiet hours have been observed at the stated times and enforced by the on -site
security officer 7 days a week.
6. The on -site dining facility will be closed from 12 AM to 6 AM.
• The dining building has closed at the stated times and the building has been
locked by the security officer between 12 AM and 6 AM,
7, The Applicant will coordinate with the Fire Chief and Building Inspector(s) on final fire
safety issues, including building separation, fire lane striping, and signage locations.
• The development was constructed in according to the approved plans and
coordinated with the Fire Chief and Building Inspector.
8. All stormwater is required to be managed on site. Any stormwater impacts to abutters
resulting from this development shall be mitigated.
• The stormwater has been managed on site and the stormwater drainage system has
been built according to the approved plans.
• There has been no observed stormwater impact to abutters.
9. All exterior lighting shall be downward casting and designed to not illuminate areas off
the property. There shall be no exterior lighting on the rear of the units to the
northwestern and western edges of the site.
• All exterior lights are downward casting and do not illuminate areas off the
property.
• There are two exterior lights at the end of buildings 32 and 34 in the northwest
edges of the site. These lights are required to illuminate the entry doors to units
32A and 34F. They are downward casting.
10, All landscaped areas shall be maintained. Shrubs and trees which die shall be replaced as
soon as practicable, but in any event within one growing season,
• The landscaping has been completed per the approved plans. The shrubs and
trees have been properly maintained and Ocean Edge will continue to monitor
their growth.
11. Existing specimen plants and trees on the site shall be preserved or relocated when
possible.
• Ocean Edge preserved as many specimen plants and trees as possible, particularly
on the western side of the property.
12. The Applicant shall return to the Planning Board on or before December 1St, 2018 for a
review of the applicant's compliance with the within permit conditions and evaluation of
any off -site impacts ("one-year review"). In advance of this meeting, the Applicant shall
provide a status report on the workforce housing motel project. The report shall
summarize all actions taken by the applicant to ensure compliance with the within
conditions, any instances of noncompliance and all steps Ocean Edge has taken to
address those issues. The report shall also detail any and all complaints by neighbors
regarding the project and all steps taken by the applicant to address those
complaints. The Planning Board may hold a public hearing and amend the conditions of
approval if deemed necessary based upon the one-year review.
• Ocean Edge is scheduled to meet with the Planning Board at their regularly
scheduled meeting on November 14, 2018 to review our compliance with the
permit conditions.
• Ocean Edge's project manager, Thomas Devane, met with the development's
closest neighbor and spoke with the Police Chief, Fire Chief, Building
Commissioner, and Town Planner. No off -site impacts, other than issues raised
by Mr. Suffriti discussed below, were reported.
• Ocean Edge did not hear from any neighbors with respect to the development
with the exception of Mr. Suffriti at 59 Thad Ellis Road. Mr. Devane discussed
the development with Mr. Suffriti on many conversations via site meetings,
telephone calls and emails throughout project development and operation. Mr.
Devane continued to keep Mr. Suffriti informed of the schedule. Mr. Devane
believes that Mr. Suffriti is generally satisfied with Ocean Edge's efforts. Below
is a listing of Mr. Suffriti's concerns that Mr. Devane received via email, and
Ocean Edge's response:
i. The construction employees were not using the on -site portable
restroom. Mr. Devane told the general contractor this was unacceptable
behavior, and Ocean Edge never received another complaint about this
issue.
ii. Mr. Suffriti asked about the. schedule for the fence and the trees behind the
fence, which were completed per the approved plan.
iii. Mr. Suffriti said the exterior wall sconces were not downward casting
lights. The modular manufacturer sent the wrong lights and the lights
were replaced and are now downward casting and compliant.
• Ocean Edge experienced some issues with the smoke alarms.
i. Ocean Edge had one faulty smoke alarm that was replaced.
ii. The modular manufacturer installed smoke alarms in the bathrooms which
kept going off. Ocean Edge removed the smoke alarms from the
bathrooms after consultation with the Building Commissioner and Fire
Chief.
• Two of residents were required to vacate for not following Ocean Edge's
occupancy rules.
Ocean Edge is committed to providing safe, habitable, and peaceful workforce housing that
respects the concerns of its neighbors. Ocean Edge hopes that Members of the Planning Board
have the opportunity to visit the site, and looks forward to meeting on November 14th to discuss
the status report and any other questions or concerns,
Respectfully,
OCEA. t E RESORT LIMITED PARTNERSHIP
By ' projecg} ager,
Lynn St. Cyr
From: Amy von Hone
Sent: Monday, October 23, 2023 4:59 PM
To: Lynn St. Cyr; James Gallagher; Davis Walters; William Grafton; Griffin Ryder; Robert
Moran; Kevin Varley; Scott Romer; Erika Glidden; Jill Scalise; Chris Miller; Jonathon
Idman; Heath Eldredge; Charles Mawn; Peter Lombardi; Donna Kalinick; Paul Anderson
Cc: Sherrie McCullough
Subject: RE: Request for Comments on Proposed Modification of Special Use Permit and Site
Plan Approval Decision (#2017-11 MOD1), Ocean Edge workforce housing
Attachments: Ocean Edge Workforce Housing Septic COC Permit.pdf
Health Department:
- The existing property is located withing the Cape Cod Bay Watershed (unimpaired), a Board of Health defined
Environmentally Sensitive Area due to existing wetlands onsite, and is serviced by town water.
The existing workforce housing units (accommodating up to 84 persons/4620 gpd) are serviced by a fully
compliant 1986 Title 5 septic system with a total capacity of 9000 gpd.
- No changes of existing use are proposed.
- DEP certificate of compliance granted in 2017 for the original construction of the units and the Health
Department issued 1986 Title 5 septic installation permit are attached.
- Any major modifications including increase in flow or habitable space or change of use will require further
review by the Health Department and DEP.
Please advise if you have any questions.
Thank you, Amy
Amy L. von Hone
Health Director
Brewster Health Department
508.896.3701 X1120
From: Lynn St. Cyr <Istcyr@brewster-ma.gov>
Sent: Monday, October 16, 2023 2:37 PM
To: James Gallagher <jgallagher@brewster-ma.gov>; Davis Walters <dwalters@brewster-ma.gov>; William Grafton
<wgrafton@brewster-ma.gov>; Griffin Ryder <gryder@brewster-ma.gov>; Robert Moran <rmoran@brewster-ma.gov>;
Kevin Varley <kvarley@brewster-ma.gov>; Scott Romer <sromer@brewster-ma.gov>; Amy von Hone
<avonhone@brewster-ma.gov>; Erika Glidden <eglidden@brewster-ma.gov>; Jill Scalise <jwertz-scalise@brewster-
ma.gov>; Chris Miller <cmiller@brewster-ma.gov>; Jonathon ldman <jldman@brewster-ma.gov>; Heath Eldredge
<heldredge@brewster-ma.gov>; Charles Mawn <cmawn@brewster-ma.gov>; Peter Lombardi <plombardi@brewster-
ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>; Paul Anderson <panderson@brewster-ma.gov>
Subject: Request for Comments on Proposed Modification of Special Use Permit and Site Plan Approval Decision (#2017-
11 MOD1), Ocean Edge workforce housing
Good afternoon,
Attached please find a department review comment form and documents related to:
1
Proposed Modification, Special Use Permit and Site Plan Approval Decision (#2017-11 MOD1): Applicant: Ocean Edge
Resort LLC. Owner: Brewster Properties, Inc. Property: 30-44 Villages Drive as shown on Tax Map 89, Parcel 23. The
Applicant seeks to modify special use permit and site plan approval decision #2017-11, which authorized the
construction and operation of seasonal workforce housing units as an accommodations use for employees of Ocean
Edge Resort. Specifically, the Applicant seeks modification of condition #2 of the decision, which limited the term of the
approval to five (5) years, to remove any term limitation of the approval and make it permanent.
This application is scheduled on the November 8, 2023 Planning Board agenda. Please provide your comments on this
application by Monday, October 30, 2023.
Thank you,
Lynn
Lynn St. Cyr
Senior Department Assistant, Planning Department
Town of Brewster
2198 Main Street, Brewster, MA 02631
T: 508-896-3701 x1233
Brewster Town Offices will be open to the public Monday through Thursday from 8:30 am to 4:00 pm, and
by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov.
2
J.M. ORE
PROFESSIONAL ENGI EERING, LAND SURVEYING & ENVIRONMENTAL SERVICES
✓' % ‘,
4/ Site Development - Prope.ty Line - Subdivision • Sanitary • Land Court • Environmental Permitting
LLY & ASSOCIATES, INC.
May 22, 2018
MA Department of Enviro mental Protection - Southeast Region
C/O Mr. Brian Dudley
20 Riverside Drive
Lakeville, MA 02347
Re: As -Built Certification — Ocean Edge Resort LTD Partnership
Work Force Housi g Project —Villages Drive, Brewster, MA
Assessor's Map 8 , Parcels 23 & 35
Dear Mr. Dudley,
JMO-8353
As per the requirement of the Massachusetts State Sanitary Code 310 CMR 15.021(3), J.M.
O'REILLY & ASSOCIATES, INC. has conducted on -site inspections of the newly installed sewer
lines, lift station and co nection to the existing sewage disposal system for the proposed
employee housing located at the above referenced property.
The employee housing astewater flow is now connected to a previously installed Title 5
sewage system. The Se age system was installed and received a certificate of compliance on
July 7, 1988 through the is osal Works Permit # 249-86.
At the time of our inspections on May 4, 15, 17 and 21, 2018 the system installation had been
completed with the exc-ption of backfilling and final grading. Based on our inspections, the
sewer line, lift station a d force main were installed within substantial compliance with the
approved plan dated No ember 3, 2017, last revised 3-2-2018, as previously provided to you.
This letter represents J M. O'REILLY & ASSOCIATES, INC's inspection prior •to backfill. No
warranties or guarante=s are expressed or implied for the future operation of this system.
Please contact my off ce directly with any questions, comments or for any additional
information you may nerd.
Very Truly Yours,
J.M. O'Reilly & Associate., Inc.
John M. O'Reilly, P.E., P.
Principal
ENCL: As -built Plot Pla
Installers Cert. rd.
cc: Client
John M. O'Reilly P.E., P.L.S.
/jmo
1573 MAIN STREET, P.O. Box r77c, BREWSTER, MA 02631 • PHONE: (508) 896-6601 • FAX: (508) 896-6602
WWW.JMOREILLYASSOC.COM
Commonwealth of Massachusetts
City/Town of
Certificate of Compliance
Form 3
DEP has provided this form for use by local Boards of Health. Other forms may be used, but the
information must be substantially the same as that provided here. Before using this form, check with
the local Board of Health to determine the form they use.
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the retum
key.
This is to Certify that the following work on an On -Site Sewage Disposal System
IDConstruction of a new system
❑ Repair or replacement of an existing system
® Repair or replacement of an existing system component
Has been done in accordance with Title 5 and the Disposal System Construction Permit (DSCP):
249-86 (Town of Brewster) 7/7/1988 (Original Certificate of Compliance)
DSCP Number DSCP Date
Ocean Edge Resort LTD Partnership
Facility Owner
Villages Drive, Assessor's Map 89, Parcels 23 and 25
Street Address or Lot #
Brewster
City/Town State Zip Code
Designer Information:
John M. O'Reilly J.M. O'Reilly and Associates, Inc.
Name Name of Company
See certification letter 5/22/2018
Signature Date
Installer Information:
Gregory F. Morri GFM, Inc.
Name Name of Company
See certification card 5/22/2018
Signature f Date
Use of this system is conditioned on compliance with the provisions set forth below:
The system was nstalled in 1988 and is not currently accepting sewage flow. The system shall not
receive more than 9,000 gallons per day (gpd) ofsewage flow from all sources based on the original
design. This Certificate of Complioance authorizes 4,620 gpd while leaving 4,380 gpd of remaining
capacity.
MA 02631
The issuance of this certificate shall not be construed as a guarantee that the system will function as
designed.
Brian A. Dudley, MassDEPls�Re-�
fjpp ing Authority
May 24, 2018
Sign 3t0re
Date
t5form3.doc• 06/03
Certificate of Compliance • Page 1 of 1
No. Z2(Y:t.i . .. ?...
Application
V
rl
Uii.lageS..aeY.elgp ient..0.4.
Village Center
Building #1
BREWSTER, MASSACHUSETTS
BOARD OF HEALTH.
Date ..... QQtObnx 8, 1966
Fee
New Installation
Alter
Repair
or Disposal Works Construction Permit
$40.00 r
$25.00 /6f i 1
$20.00
Application is hereby mad for a Permit to construct ( )) Alter or Repair ( ) an individual
Sewage Disposal System at:
Y1..1ages"Dxixe" t"Rol4q. A ..M4P-1,44_14,t 6Q
Location -Address
Owner
Lot No./Assessors Map & Lot No.
aHy O e Heritage DriNrg, _.Quill, ma MA U171
Installer
Type of Building
Dwelling — No. of Bedro
Other — Type of Buildin
Other fixtures
Design Flow see plans
Septic Tank —Liquid capacity..
Disposal Trench —No. 6
Seepage Pit No Diam
Distribution box (X )
Percolation Test Results
Test Pit No. Y6 2 minut
Test Pit No. r 2 minut
Address
One Heritage.. Dr):ve,,,•,Q incy,, MA 02171
Address
Size Lot..360,1+15 Sq. feet
ms Expansion Attic ( ) Garbage Grinder (X )
mix use No. of persons Showers ( ) — Cafeteria (X )
Retail & Office Space (see plans)
design
gallons per person per day. Total 41 flow. ..9., 0.0Q gallons.
.,.Qellons Length35.'.-.J,Q'\Vidtha.'.-Q'.' Diameter Depth....7'-0"
Width ..3'-Q" Total Length. ...600...ft.Total leaching area.6,6.80 sq. ft.
ter Depth below inlet Total leaching area sq. ft.
Dosing tank ( ) Other
erformed by Date
s per inch Depth of Test ,'.7.4.. Depth to ground watemone...encounte.
s per inch Depth of Test Pit 20'-Q" Depth to ground waternone...encounte
Description of Soil
See pl
ns for complete description
Nature of Repairs or Alteratio
s -Answer when applicable
NOTE; This applicaH.on must
buildings, location of proposed
supplies on adjacent lots, locat
shes, wetlands, ponds, streams
Agreement:
The undersigned agrees t.
ance with the provisions of Titl:
place the system in operation
Application Approved By`•"t
—Annj ation Disaj rcved'Restz ictio
e accompanied by a plan showing the following: property lines, location of
sewage system, any existing sewage systems, well or water line, water
on of driveway and or parking area, location of any adjacent bogs, mar -
beaches or drains, and expansion area.
install the aforedescribed Individual Sewage Disposal System in accord -
5 of the State Environment Code — The undersigned further agrees not to
ntil a Ccrtific of nce has been issued by the Board of Health.
X Village Center Build
has been installed in accordance with th provisions of Title 5 State Environmental Code described in the application for
Disposal Works Construction Permit No 249-86 • dated 10/21/e6
THE ISSUANCE OF THIS ERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE
THAT TH SYSTEM WIL-L FUNCTION SATISFACTORILY.
DATE .....t:t:ri- . ?, . ?�� Inspector . I
Signed......
Rate
Date
BREWSTER, MASSACHUSETTS
BOARD OF HEALTH
ertificate of Compliance
THIS IS TO CERTIFY, That he Individual Sewage Disposal System constructed (X ) or Repaired
by CMtT' uilders
at Map 14 Lot 6C, :1lages rive Owned by Village Development Company
1
Intailrr
FOR TOWN OFFICIAL USE ONLY
Town of Brewster
Planning Board
Ch. 179 Application Cover Sheet
Project Location:
30-44 Villages Drive
e51,
TOWN CLERK RECEIVED:
PERMIT NUMBER ASSIGNED:
9-- I 444
Street Address
89/23/0
Book 11047 Page 312, Book 10147 Page 333
Assessors Map(s) and Parcel(s) Deed/ Title Reference
VB-CH-RM
Zoning District(s)
Applicant:
Ocean Edge Resort LLC
Name
2907 Main Street
Mailing Address
781-771-5058
Phone Number
Property Owner (if different than Applicant):
Brewster Properties, Inc.
tdevane@corcoranjennison.com
Email Address
Name
2907 Main Street
Mailing Address
781-771-5058
Phone Number
Professional Representative:
Attorney Michael Ford
tdevane@corcoranjennison.com
Email Address
Brewster PB Application Cover Sheet
Approved 05/10/2023 Page 1 of 2
Name
72 Main Street, West Harwich, MA 02671
Mailing Address
508-430-1900
mike@fordandfordattorneys.com
Phone Number Email Address
Brewster PB Application Cover Sheet
Approved 05/10/2023 Page 2 of 2
Type of Application (Check as applicable):
Special Permit
(Zoning Bylaw Section 179-51 or list other or different Zoning Bylaw Sections, as applicable,
below)
Site Plan Review (Zoning Bylaw Section 179-63)
X Decision Modification (Provide relevant case number/s below)
Decision Extension (Provide relevant case number/s below)
Other (List Zoning Bylaw Section/s below)
Brief Project Description: See Narrative
Seek Modification of Special Use Permit Decision # 2017-11
Signatu
Applicant t
4t4c1;1---73
PW /k �•�t� Date
1 J1c1A LI
er (if different than Applicant) Date
Professional Representative (as applicable) Date
If the Applicant is not the Owner, the Application materials shall include the Owner's written consent or
authorization to make application, or evidence that the Applicant's interest in the property is sufficient to make
application (e.g. lease, P&S Agreement, etc.).
The burden is on the applicant to provide accurate, sufficient and complete information in the application.
Attached is a checklist of materials and information required to be submitted for a complete application.
Incompleteness could be cause for delays in review or denial of an application.
By making application, the Owner and Applicant hereby authorize the Planning Board and its agents to conduct site
visits, at reasonable times, to assist in review of the application.
Please refer to current Planning Board schedule for application filing deadlines and associated meeting dates. The
Board will make best efforts to work within this filing schedule but is not obligated to do so; the Board's review
timelines are established under the Brewster Code and Massachusetts General Laws. In its discretion, the Board
may agenda matters, which do not require public hearings, for the next available meeting even if received after the
respective filing deadline.
Submit to: Brewster Planning Department
Town Offices- 2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x 1133
brewplan@brewster-ma.gov
Brewster PB Application Cover Sheet Approved 05/10/2023 Page 3 of 2
Planning Board
Town Offices- 2198 Main Street
Brewster, Massachusetts
02631-1898
(508) 896-3701 x 1133
brewplan@brewster-ma.gov
brewster-ma.gov
Attachment
Chapter 179 (Zoning) Planning Board Application
Required Submission Materials Checklist
To be considered complete, an application shall include the materials and information listed below, as deemed applicable,
necessary or material to a given case by the Planning Board,
• The Planning Board may waive or modify submission requirements (except review fees) in light of the specific
circumstances presented in a given case.
• The Planning Board may require additional, revised or supplemental information, as necessary, during its review
of an application.
• Note, applicants are not required to handle noticing. As applicable, Planning Department Staff obtains the
certified abutters list and handles abutter and newspaper notifications.
• Twelve (12) hard copies of all materials are required to be submitted (including any supplemental or revised
materials that might be provided through the course of review).
• One (1) electronic copy of all materials is required to be submitted (including any supplemental or revised
materials that might be provided through the course of review).
• Twelve (12) hard copies of Site and Building Plans must be provided at a minimum size of 11"x17", with one (1)
hard copy at a minimum size of 18"x24"; electronic copies of plans must be digital not scanned copies.
d--Refer-r-al-from-Building-Commissioner-to Planning -Board -for -the -zoning relief/ approval requested.
u' Owner's Authorization or equivalent, as applicable.
' Filing Fee per current Planning Board Fee Schedule, with check made to "Town of Brewster."
[Project Narrative, including a description of existing site conditions, a description of the project and proposed site
conditions, reference to applicable sections of the Zoning Bylaw and discussion about consistency with the applicable
standards and criteria for approval set out in the Zoning Bylaw.
o As applicable, information about Staff Review undertaken for the project pursuant to Brewster Code Chapter 83.
o A site plan/plan set of existing and proposed site conditions, stamped by a professional land surveyor licensed in
Massachusetts, showing the following information:
o Inset Locus Map
o Plan Title, name and address of applicant and person responsible for preparation
o North arrow and scale- minimum scale 1" = 40'
o Boundaries of property plotted to scale
o Plan preparation date and any revision dates
o Plan Notes regarding record title and plan information for locus and for abutting properties
o Tax Map and Parcel and Owner Identification for locus and abutting properties
o Ruled box for Board signature and date, as applicable for site plan review/ approval
o Lot area by square foot and acreage
o Zoning Compliance Table
o Proposed, existing and required dimensional criteria for locus
1
Attachment- Planning Board Chapter 179 Application Submission Checklist- Approved 05/10/2023
❑ Zoning District classification and boundaries relative to locus, including any overlays
❑ Location and dimensions of site buildings and structures including setback distances
❑ Location, dimensions and design of site parking, drive aisles and loading areas
❑ Parking calculations per 9/11/13 Planning Board Policy
❑ Delineation of both regular and handicapped spaces
❑ Delineation of reserved parking areas, as applicable
❑ Surface materials and striping/ design details
❑ Description of site circulation (vehicles, bicycles, pedestrians)
❑ Location and design of other site improvements including:
❑ Walkways, paths, trails and sidewalks
❑ Refuse storage and disposal
❑ Stormwater Management Facilities/ BMPs
❑ Retaining walls and fences
❑ Outdoor storage or other outdoor use areas
❑ Bike storage rack
o Signs
El Exterior lighting
❑ Driveways and curbcuts
o Swimming Pools
❑ Water courses, water bodies, wetlands, wetland buffer zones, all with current delineations, and other
significant natural features
❑ Flood Zone identification/ boundaries
❑ Historic District boundaries
❑ Location of wells and/or septic systems on -site (and off -site wells, if known)
❑ Utilities available to the site, including municipal water/ fire hydrants
❑ Record easements and rights -of -way affecting the site
❑ Site topography and grading
❑ Other relevant resource mappings such as MESA Priority Habitat
❑ Stormwater Management and Hydrologic Report stamped by a professional engineer licensed to practice in
Massachusetts:
❑ Design and location of Stormwater Management Facilities/BMPs
❑ Recharge, run-off volume and peak discharge calculations for the 25-year,24-hour storm event
❑ Site soils identification
❑ Water quality treatment calculations
❑ Groundwater information
❑ BMP Operation & Maintenance Manual
❑ Erosion and Sedimentation Control Plan
❑ Proposed Landscape site plan including:
❑ Calculation/ depiction of proposed green space and clearing
❑ Location, size and type/ species of shade trees and other vegetation
❑ Irrigation information
❑ Notes about maintenance
❑ Existing treeline, including specific identification of specimen trees on -site and as might be located along or
within in road rights -of -way
❑ See native plant list at https://capecodnativeplants,org and invasive species list at
https://mass.gov/massachusetts-prohibited-plant-list
❑ Architectural rendering, elevation and floor plans- minimum scale1/4"— l', stamped by design professional licensed to
practice in. Massachusetts
❑ Lighting (photometric) site plan, cut sheets and specifications, including fixture mount heights
❑ Any other information or materials as might be required in the particular section(s) of the Zoning Bylaw relevant to the
application
Attachment- Planning Board Chapter 179 Application Submission Checklist- Approved 05/10/2023
SECRETARY'S CERTIFICATE
BREWSTER PROPERTIES, INC.
Unanimous Consent in Lieu of Special Meeting of the Board of Directors
September 25, 2023
The undersigned, being the duly appointed Secretary of Brewster Properties, Inc., a
Massachusetts corporation (the "Corporation"), hereby certifies that by unanimous written
consent of the Board of Directors of the Corporation dated September 25, 2023, and filed with
the records of meetings of the Board of Directors, the following votes were adopted:
VOTED: To authorize Ocean Edge Resort LLC to construct and operate workforce
housing on the Corporation's parcel at 30-44 Villages Drive, Brewster,
Massachusetts, pursuant to Special Use Permit & Site Plan Approval
Decision No. 2017-11 dated September 27, 2017, recorded at Barnstable
Registry of Deeds at Book 30901, Page 5 (the "Special Permit").
VOTED: To authorize Ocean Edge Resort LLC to renew and modify the Special
Permit at its discretion.
VOTED: To authorize Thomas Devane, project manager, or Attorney Michael Ford
to take any and all actions and to execute and deliver to any person or
entity any documents or instruments deemed by him to be necessary
and/or appropriate to facilitate the consummation of actions authorized by
the foregoing vote, in form approved by him, such approval shall be
conclusive.
VOTED: To direct the Secretary of the Corporation to file this Consent with the
records of the Corporation.
Executed as a sealed instrument as of the day of September 2023.
retary
Ocean Edge Resort LLC
2907 Main Street
Brewster, MA 02631
September 25, 2023
Brewster Planning Department
c/o Jonathon ldman, Town Planner
Town Offices - 2198 Main Street
Brewster, MA 02631-1898
RE: Special Use Permit and Site Plan Approval Permit Decision No. 2017-11 Request for Modification
Ocean Edge Resort LLC
30-44 Villages Drive
Brewster, MA
Assessor Map 89, Lots 23 & 35
Dear Board Members,
On behalf of Ocean Edge Resort LLC, we are submitting the enclosed Application Cover Sheet seeking a
modification to Special Use Permit Decision # 2017-11.
We look forward to your public hearing scheduled on November 8, 2023, wherein we will review the
existing development history, operation and answer any questions you may have. The following narrative
should be used to document the successful operation of this development in accordance with the
Special Permit Conditions of Approval.
We respectfully request that the Conditions of Approval in the Special Permit be modified as follows:
• Condition #2 That the Special Permit be extended without any term limitation.
We believe that this Special Permit should be extended without any further term limitation because it
has been 7 years since the Special Permit was granted including 6 years of successful operations all in
accordance with the conditions of the permit. Furthermore, there have been no major issues per the
Police, Fire and Board of Health Departments as well as the applicant's outreach with the neighbors.
Lastly, demand for workforce housing continues to greatly outstrip supply in the area. This housing has
been received very favorably by our employees and remains a key component of Ocean Edge's successful
operation.
Ocean Edge has addressed each of the twelve enumerated conditions in the Special Permit as follows:
1. The proposed development shall be constructed in accordance with the plans and information
submitted to the record.
• The development was constructed in substantial compliance with and according to the
approved plans.
2. This Special Permit shall be valid for a period of 5 years from the date of approval unless an
extension is granted, through a duly advertised public hearing, by the Brewster Planning Board.
Violation of any of the within conditions shall constitute grounds for non -renewal.
• Ocean Edge has complied with all conditions of approval and requests that the Special
Permit be extended without any further term limitation.
3. The motel use may be occupied April 1st through November 30th. From December 1st to March
31st, the units will not be inhabited and all utilities to the site will be turned off.
• Ocean Edge has complied with the occupancy dates.
4. The Applicant shall install security cameras on the site and conduct on -site security monitoring
between 10 PM and 3 AM.
• Security cameras were installed at the site.
• Ocean Edge has employed a dedicated security officer on site from 10 PM to 3 AM seven
days a week during occupancy.
5. Quiet hours shall be observed between 10 PM and 7 AM to prevent anything audible outside the
buildings.
• Quiet hours have been observed at the stated times and enforced by the on -site security
officer 7 days a week.
6. The on -site dining facility will be closed from 12 AM to 6 AM.
• The dining building has closed at the stated times and the building has been locked by
the security officer between 12 AM and 6 AM.
7. The Applicant will coordinate with the Fire Chief and Building Inspector(s) on final fire safety
issues, including building separation, fire lane striping, and signage locations.
• The development was constructed in according to the approved plans and coordinated
with the Fire Chief and Building Inspector.
• The Fire and Building Departments will continue to inspect the property on an annual
basis. Any issues identified during the inspection are immediately corrected by the
Ocean Edge staff before occupancy.
8. All stormwater is required to be managed on site. Any stormwater impacts to abutters resulting
from this development shall be mitigated.
• The stormwater has been managed on site and within substantial compliance to the
approved plans.
• There has been no observed stormwater impact to abutters.
9. All exterior lighting shall be downward casting and designed to not illuminate areas off the
property. There shall be no exterior lighting on the rear of the units to the northwestern and
western edges of the site.
• All exterior lights are downward casting and do not illuminate areas off the property.
• There are two exterior lights at the end of buildings 32 and 34 in the northwest edges of
the site. These lights are required to illuminate the entry doors to units 32A and
34F. They are downward casting.
10. All landscaped areas shall be maintained. Shrubs and trees which die shall be replaced as soon
as practicable, but in any event within one growing season.
• The landscaping has been completed per the approved plans. The shrubs and trees have
been properly maintained and Ocean Edge will continue to monitor their growth.
11. Existing specimen plants and trees on the site shall be preserved or relocated when possible.
• Ocean Edge preserved as many specimen plants and trees as possible, particularly on
the western side of the property.
12. The Applicant shall return to the Planning Board on or before December 1st, 2018 for a review of
the applicant's compliance with the within permit conditions and evaluation of any off -site
impacts ("one-year review"). In advance of this meeting, the Applicant shall provide a status
report on the workforce housing motel project. The report shall summarize all actions taken by
the applicant to ensure compliance with the within conditions, any instances of noncompliance
and all steps Ocean Edge has taken to address those issues. The report shall also detail any and
all complaints by neighbors regarding the project and all steps taken by the applicant to address
those complaints. The Planning Board may hold a public hearing and amend the conditions of
approval if deemed necessary based upon the one-year review.
• Ocean Edge successfully complied with this condition in November of 2018.
• Ocean Edge reached out to the Police and Fire Departments as well as our immediate
neighbors and there have been no significant issues since this issuance of the permit. All
issues have been resolved quickly.
Ocean Edge is committed to provide safe, habitable and a peaceful environment for our employees while
respecting the concerns of our neighbors. We encourage Members of the Planning Board to visit the
Workforce Housing site prior to the meeting on November 8th and we look forward to further discussions
regarding this modification request.
Respectfully,
OCEAN EDGE RESORT LLC
B ager,
Thomas J. •[vane, Jr.
Bk. 3l_i
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Town Of Brewster
Planning Board
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 133
SPECIAL USE PERMIT & SITE PLAN APPROVAL Decision # 2017-11
APPLICANT/OWNER:
REGISTRY:
LOCATION:
MAP/PARCEL:
APPLICATION FILED:
DECISION DATE:
Ocean Edge Resort LTD Partnership/ Brewster Properties Inc. & Old Kings
Highway Nominee Trust
Plan Book 11047, Page 312 and Plan Book 10147, Page 333
0 Main Street & Villages Drive
Assessors' Map 89, Lots 23 & 35
June 20th, 2017
September 27, 2017
APPLICATION:
Ocean Edge Resort LTD Partnership proposed to construct temporary workforce housing for seasonal
employees of Ocean Edge Resort Operations as a motel use on an 8 -acre site located at 0 Main Street and
Villages Drive, and shown on Assessor's Map 89, Lots 23 and 35 in the V -B, C -H, and R -M Zoning
Districts. Pursuant to Brewster Zoning Bylaw §179-11, a Special Permit for a hotel/motel use is required in
the C -H Zoning District.
The development consists of seven (7) temporary, modular residential buildings with an occupancy of twelve
(12) persons per building. The total occupancy for the site will be 84 persons. The proposal also includes a
standalone unit with an exterior deck to serve as the common dining, recreation and laundry area. The
combined, total building area is 9,300 square feet.
JURISDICTION:
The Applicant underwent Staff Review on June 20th, 2017, as required by Chapter 83 of the Brewster
General Bylaw. Pursuant to Town of Brewster Zoning By-laws § 179-51 and § 179-63, the Brewster Planning
Board is the permit granting authority for the request of a Special Use Permit and Site Plan Approval.
INFORMATION SUBMITTED TO THE RECORD:
1. Site Plan entitled "Proposed Work Force Housing Development", prepared by J.M. O'Reilly &
Associates, Inc. for Ocean Edge Resort LTD Partnership, dated June 28, 2017 and as revised August
11, 2017.
2. Work Force Housing Floor Plans, sheets A2 and S3, prepared by Russell Scott Steedle & Capone
Architects, Inc. for Ocean Edge, Villages Drive, Brewster, MA, dated August 3rd, 2017.
3. Landscape Plan entitled "Work Force Housing Development", prepared by Hawk Design, Inc.,
Sagamore, MA, dated September 12, 2017.
Brewster Planning Board Site Plan Approval and Special Use Permit Decision # 2017-11:
September 27, 2017
Page 1 of 5
PUBLIC HEARING:
The Public Hearing was opened July 26th, 2017 in the Brewster Town office building and continued to
August 9th, 2017 when it was closed. The hearing was advertised in the July 7th and July 14th edition of the
Cape Codder. Notice was also duly posted in a conspicuous place in Town Hall for all parties interested and
abutters were notified on July 6th, 2017. The decision period was continued to August 23rd, 2017, at which
pointed the Board voted to re -open the public hearing and advertise the hearing for September 27th, 2017.
The hearing was advertised in the September 8th and 15th editions of the Cape Codder. Notice was also duly
posted in a conspicuous place in Town Hall for all parties interested and abutters were notified on August 30,
2017.
TESTIMONY:
John O'Reilly, Project Engineer, J.M. O'Reilly & Associates, John Mostyn, Attorney for Corcoran Jennison
Company, and Tom Devane, Project Director, Corcoran Jennison Company presented the project.
Tom Suffriti, Thad Ellis Road, asked about the expiration date of any special permit granted and the steps
Ocean Edge would need to take to build something permanent on the site. He stated the current buffer is
inadequate and the project should be moved further east on the site. Potential noise and adequate supervision
of the future residents were also a concern.
Faythe Ellis, Rocky Hill Road, stated that she felt the project was detrimental to the historical character of
the town.
Greg O'Brien, a Brewster resident, stated that workforce housing was needed for safety reasons and noted
that Ocean Edge has been a good community partner.
Jan Moore, Main Street, questioned the hotel/motel use classification. Ryan Bennett, Town Planner, noted
that the Building Commissioner, acting as Zoning Enforcement Officer, determined the motel use
classification of the Brewster Zoning Bylaw as appropriate for this development.
Evelyn Franzen, Thad Ellis Road, owns four cottages abutting the site to the West. She believes this project
will be detrimental to the quiet character of her rental cottage business.
Ken Benson, 38 Thad Ellis Road, about onsite storm water management swale and recreation uses. He
suggested a fence be put around the property and moving building further east.
Nancy Burdick, Fox Meadow Drive, stated concerns with the management of the residents drinking and
smoking on the site.
Fay Ramsay stated the buildings should be moved further east, away from the abutters.
Margaret McKnight, Thad Ellis, expressed concern the site was no longer mapped NHESP habitat.
Paul Derry, Brewster resident, stated support for the project noting taking responsibility for the safety of
temporary workers was the right thing to do.
Brewster Planning Board Site Plan Approval and Special Use Permit Decision # 2017-11:
September 27, 2017
Page 2 of 5
Meridith Baier, Main Street, expressed concern for the safety and job security of J1 and H2B visa workers.
She also noted the kitchen and common area was too small for 84 persons.
John Lipman, former Brewster resident, spoke to the need for clean and convenient workforce housing.
Richard Koch, Chief of Police, believes project will help with bike safety issues. He referenced complaints
the PD has received on questionable living conditions, but the police do not get involved with landlord/tenant
issues. He noted Ocean Edge has been very cooperative with the Brewster Police Department.
Alex Wentworth, Stony Brook Road, expressed concerns over bike safety and rail trail access. Ocean Edge
noted there is a bike access point to the Rail Trail on their property.
Lynn Max, Vesper Pond Rd, suggested provision of landscape plan by Applicant, noting Leland Cypress
would be good for community character.
FINDINGS OF FACT:
1. The Applicant is required to obtain an Approval Not Required (ANR) subdivision plan endorsement
from the Brewster Planning Board to address the deficient frontage for Lot 23 (Map 89) along Route
6A.
2. The motel use is consistent with the Town of Brewster's Comprehensive Plan.
3. As presented on the approved site plan dated August 11, 2017, and as conditioned by this decision,
the location, type, character and size of the proposed use and buildings will be in harmony with the
visual character of the neighborhood.
4. A motel use is allowed by Special Permit in the CH zoning district. The site is suitable for the
proposed use.
5. Adequate access will be provided for the purpose of fire protection, police protection and other
emergency equipment.
6. The streets serving the motel use are adequate to carry all prospective traffic and adequate provision
is made for entering and leaving the proposed site such that no undue hazard to traffic congestion will
be created.
7. Trip reduction is achieved through the purpose of the proposed development, which is to provide
accommodations to a portion of Ocean Edge's seasonal workforce. The development has limited
parking spaces, provides biking and pedestrian amenities, and may include variable work -hours for
employees and company supported carpooling/van pooling.
8. Adequate parking and loading facilities are provided.
9. Adequate sewage disposal will be determined by the regulating authority.
10. Adequate utilities and other public services will be provided.
11. The use will not degrade the groundwater quality or coastal water quality offsite.
12. The site is not located in a mapped Natural Heritage and Endangered Species Program (NHESP)
area.
13. The motel use complies with all applicable provisions of the Brewster Zoning Bylaw.
14. The motel units proposed are classified as a Manufactured Buildings pursuant to State Building Code
780 CMR 110.R3 and comply with the minimum standards for human habitation under the State
Health Code 105 CMR 410.020.
15. The following agreements will be used to govern occupation of the units.
Brewster Planning Board Site Plan Approval and Special Use Permit Decision # 2017-11:
September 27, 2017
Page 3 of 5
a. "Agreement for License to Use & Occupy", submitted August 3, 2017 and as revised August
16, 2017 by John A. Mostyn, Esq., General Counsel for Ocean Edge.
b. "Employee Housing Rules", submitted August 3rd, 2017 (as amended August 9th, 2017 to
include alcohol prohibition), by John A. Mostyn, Esq., General Counsel for Ocean Edge.
16. Grass swales and impervious surfaces will be used to manage stormwater on -site.
17. Plantings specified on the Landscape Plan submitted to the record will be installed prior to the
issuance of a Certificate of Use and Occupancy.
CONDITIONS OF APPROVAL:
1. The proposed development shall be constructed in accordance with the plans and information
submitted to the record, as enumerated above.
2. This Special Permit shall be valid for a period of 5 years from the date of approval unless an
extension is granted, through a duly advertised public hearing, by the Brewster Planning Board.
Violation of any of the within conditions shall constitute grounds for non -renewal.
3. The motel use may be occupied April 1st through November 30th. From December 1 st to March
31st, the units will not be inhabited and all utilities to the site will be turned off.
4. The Applicant shall install security cameras on the site and conduct on -site security monitoring
between 10PM and 3AM.
5. Quiet hours shall be observed between 10PM and 7AM to prevent anything audible outside the
buildings.
6. The on -site dining facility will be closed from 12AM to 6AM.
7. The Applicant will coordinate with the Fire Chief and Building Inspector(s) on final fire safety
issues, including building separation, fire lane striping, and signage locations.
8. All stormwater is required to be managed on site. Any stormwater impacts to abutters resulting from
this development shall be mitigated.
9. All exterior lighting shall be downward casting and designed to not illuminate areas off the property.
There shall be no exterior lighting on the rear of the units to the northwestern and western edges of
the site.
10. All landscaped areas shall be maintained. Shrubs and trees which die shall be replaced as soon as
practicable, but in any event within one growing season.
11. Existing specimen plants and trees on the site shall be preserved or relocated when possible.
12. The Applicant shall return to the Planning Board on or before December 1st, 2018 for a review of the
applicant's compliance with the within permit conditions and evaluation of any off -site impacts
("one-year review"). In advance of this meeting, the Applicant shall provide a status report on the
workforce housing motel project. The report shall summarize all actions taken by the applicant to
ensure compliance with the within conditions, any instances of noncompliance and all steps Ocean
Edge has taken to address those issues. The report shall also detail any and all complaints by
neighbors regarding the project and all steps taken by the applicant to address those complaints. The
Planning Board may hold a public hearing and amend the conditions of approval if deemed necessary
based upon the one-year review.
Based on the plans, information submitted to the record, and conditions of this decision, a motion was made
by Scott Collum and seconded by Charlotte Degen to approve the Site Plan and Special Use Permit.
Voting Aye: Scott Collum, Charlotte Degen, Elizabeth Taylor, Rick Judd. Voting Nay: Madalyn Hillis -
Dineen, Kari Hoffman. Motion 4-2-0.
Brewster Planning Board Site Plan Approval and Special Use Permit Decision # 2017-11:
September 27, 2017
Page 4 of 5
APPROVAL OF MEETING MINUTES DATED
OCTOBER 25, 2023
PB Minutes 10/25/23 Page 1 of 3
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
MEETING MINUTES
Wednesday, October 25, 2023 at 6:30 pm
Brewster Town Office Building
Chair Amanda Bebrin convened a meeting of the Planning Board at 6:31 pm with the following members participating:
Charlotte Degen, Madalyn Hillis-Dineen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. 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.
6:33 PM PUBLIC ANNOUNCEMENTS AND COMMENT
None.
6:34 PM PUBLIC HEARING
Proposed Modification, Special Permit and Site Plan Review Decision #2019-01 MOD1: Applicant/Owner: Stephen
Brown, Trustee of the Brown Realty Trust, through his representative David Schlesinger, has requested an extension to
Special Permit and Site Plan Review Decision #2019-01 issued pursuant to Brewster Zoning Bylaw Chapter 179-5E and
179-51. The special permit allows for the construction of a new building containing retail and office uses at 2624 Main
Street, Tax Map 89, Parcel 14.
Documents:
09/05/23 Planning Board Application with Special Permit & Site Plan Review Decision #2019-01 and approved
plans
10/04/23 Memo from Jon Idman, Town Planner
Wentworth recused himself from this hearing as he is an abutter to the subject property. Attorney Chris Senie and
David Schlesinger, property manager for the Great Cape Co-op, were present on behalf of Applicant Stephen Brown who
attended via Zoom.
Motion by Degen to Open the Public Hearing on Proposed Modification, Special Permit and Site Plan Review Decision
#2019-01 MOD1. Second by Michaels. Vote: 6-0-0.
Senie stated that he was hired by the Applicant approximately one year ago to help with the sale of the property and to
help with enforcement actions against the property by the Board of Health, Building Commissioner, and Conservation
Commission. Senie stated that enforcement issues raised by the Building Commissioner have been resolved. The
enforcement actions taken by the Board of Health have resulted in closing some of the accessory buildings on site which
remain closed. The Conservation Commission issued four enforcement orders and some date back decades. Senie
stated that the Applicant has worked with the Conservation Commission on a superseding consolidated order which is
expected to be filed by the end of the year. BSC Group has been hired to prepare an existing conditions plan, a
restoration plan, and a wetlands delineation plan. Senie stated that it has not been possible due to COVID and the
inability to finance a property under enforcement orders to take out a loan to construct the building approved in the
special permit. Senie stated that the proposed building is a modest addition to the Snowy Owl building and there is
septic capacity for the building. Senie stated that the proposed building fits in well with the site and that it would be
helpful to tell a purchaser that there is a special permit for the proposed building. Senie stated that ideally the Applicant
would like the Planning Board to approve a two-year extension to the special permit to allow for the sale of the property
and a new buyer to get up to speed and obtain financing. Schlesinger stated that the Great Cape Co-op has been
Approved:
Vote:
PB Minutes 10/25/23 Page 2 of 3
working for the last year and a half to address violations at the property and the special permit does add value to the
sale of the property.
Idman stated that the application is a modification to a term of the special permit not a review of the building. Idman
stated that the Planning Board has a lot of discretion in considering the extension request. The Applicant needs to
provide good reasons as to why the special permit has not been exercised and why it should be extended the permit.
Idman noted that the Planning Board could extend the permit for one or two years and the Applicant can return to
request extensions so long as the permit has not been exercised.
Taylor stated that the special permit has been in place for a while and she has no reasonable expectation that it will be
exercised if extended. She also stated that the property is on the market so there may be a new owner soon. Michaels
agreed with Taylor and stated that although COVID and financing may have created delays, the Applicant has had over
four years to exercise the special permit. Michaels also stated that the Applicant provided a reason to extend the special
permit is because it adds value to the sale of the property. Michaels stated that this reason makes him think the owner
has no intent to exercise the permit prior to a sale.
Degen asked how long it would take to resolve the enforcement orders. Senie responded that there are four phases to
the superseding consolidated order including signing of an agreement, cleaning up the site, making temporary
improvements to a culvert, and planting to stabilize resources areas, completing engineering drawings for replacement
of the culvert and replacing the culvert. Senie estimated that all phases may be complete in four years. The set up is
progressive and the Applicant must earn cancellation of the enforcement orders. Town Counsel has been involved in
drafting the agreement. Schlesinger noted that the Conservation Commission is willing to allow development in the
section of the property where this building is proposed as the phases progress. Degen stated that the work to resolve
the enforcement orders is a challenge on its own. Schlesinger stated that potential buyers would find value in the front
four acres of the property and would move quickly to develop that area. The order from the Conservation Commission
does transfer responsibility for restoration to the new owner. Schlesinger believes work on development and
restoration work would be concurrent.
Hillis-Dineen stated that she is not inclined to vote for a modification extending the special permit and wanted more
information on new owners. She stated that it would be better for the new owners to pursue development of the
property and apply to the Planning Board as necessary. Freitas asked if the property could be sold during the four years
the property is being remediated. Senie responded that the property could be sold if a buyer is satisfied with the
agreement with the Conservation Commission and the responsibilities of the agreement. Freitas stated that the
agreement seemed like a lot for a potential new buyer to take on. He also stated that the Planning Board has been
receptive to development in the Village Business district and he does not believe this special permit is necessary to keep
in place for further development. Bebrin stated that she understands that COVID has played a part in delaying this
project but there have also been other issues of the owner’s doing. She recognized work being done to resolve those
issues. She proposed a one-year extension to the special permit. Bebrin welcomed comments from the public, but no
comment was provided.
Idman stated that a permit is a valuable property right and when property conveys the permit goes along with the
property. Idman also stated that the work is circumscribed by the permit, so it does not matter who owns the property
because the work needs to be completed per the terms of the permit. Freitas asked what happens if the property is sold
and the owner wants to do something different than what the permit allows. Idman responded that the special permit
would need to be modified. Freitas stated that the permit could be of value, but he could also see it being a hamstring.
Degen asked what the Planning Board would look to as a good faith effort if the special permit was extended for one
year and the owner returned for another extension. Schlesinger stated that the special permit stalled in review by the
Historic District Committee so that would be the next permitting step before the application for a building permit was
filed.
PB Minutes 10/25/23 Page 3 of 3
Motion by Degen to Close the Public Hearing on Proposed Modification, Special Permit and Site Plan Review Decision
#2019-01 MOD1. Second by Michaels. Vote: 6-0-0.
Motion by Degen to Extend the Special Permit for One Year from the Date of Expiration on Proposed Modification,
Special Permit and Site Plan Review Decision #2019-01 MOD1. Second by Michaels. Vote: 2-4-0.
Wentworth rejoined the meeting.
6:59 PM PUBLIC MEETING
Discussion with Department of Public Works Director Griffin Ryder regarding stormwater management permitting.
This item was rescheduled to November 8, 2023.
7:00 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: September 27, 2023.
The Board reviewed the September 27, 2023 meeting minutes. Motion by Michaels to Approve September 27, 2023
Meeting Minutes. Second by Wentworth. Vote: 7-0-0.
7:01 PM COMMITTEE REPORTS
Bebrin stated that she along with Idman and Sharon Tennstedt recorded a video to help residents learn more about the
Local Comprehensive Plan. It will be available on the town’s website.
Degen summarized a recent Select Board meeting including: work on the town meeting warrant which includes
amendments to the private road repair and betterment bylaw including removing the Planning Board’s role in the
process among other changes; the annual Community Preservation Committee meeting to discuss funding took place on
October 25, 2023; Cape Cod Tech recognized for 2023 MCAS exams; grant funds available through the Brewster
Affordable Housing Trust; capital projects for the shooting range and Long Pond ramp project; recognition of the
Brewster Ladies Library for recent author discussion; the town was recognized for their distinguished budget for FY24;
hunting policies are not changing; town meeting warrant articles include appropriation of opioid settlement funds;
evaluation and goals for the town manager; and approval of Serenity Brewster rent rate changes. Taylor stated that the
Community Preservation Committee held their annual meeting. Current funding and possible future applications were
discussed at the meeting. Bebrin stated that a public forum regarding the former Sea Camps properties is scheduled for
November 30th. Freitas stated that there was lively discussion at the Affordable Housing Trust meeting around the
Serentiy rent increases. He also mentioned Barbie dolls found at a Yankee Drive home being renovated by the town and
the possible legal process for the town to obtain the dolls.
7:11 PM FOR YOUR INFORMATION
The Planning Board received public hearing notices from the Harwich Planning Board for October 10, 2023 and October
24, 2023 and the proposed Planning Board meeting schedule for 2024.
7:12 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Bebrin reminded everyone that Town Meeting was scheduled for November 13, 2023.
Motion by Wentworth to Adjourn. Second by Michaels. Vote: 7-0-0. The meeting adjourned at 7:13 PM.
Next Planning Board Meeting Date: November 8, 2023.
Respectfully submitted,
__________________________________________
Lynn St. Cyr, Senior Department Assistant, Planning