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HomeMy Public PortalAboutPlanning Board -- 2023-10-25 MinutesFtswa 410 Brewster Planning Board Approved: 11/08/23 \'\\\0 2198 Main Street Vote: 5-0-0 Brewster, MA 02631-1898 O rv_ y` (508) 896-3701 X1133 brewplan@brewster-ma.gov _. 63-Hi:`'-: EK TPil lj C! FRK MEETING MINUTES - " Wednesday, October 25, 2023 at 6:30 pmL_ : _0 0; i 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 PB Minutes 10/25/23 Page 1 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 2 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 Def.:artment of Public Works Director Griffin Ryder regarding stormwater mana-ement permittin . This item was rescheduled to November 8, 2023. 7:00 PM APPROVAL OF MEETING MINUTES A:);)roval 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 S . Cyr, Senior Department Assistant, Planning PB Minutes 10/25/23 Page 3 of 3