HomeMy Public PortalAboutPlanning Board -- 2023-11-08 Minutes`\\„FtF WS //hh/�/ Brewster Planning Board
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2198 Main Street Vote: 5-0-2
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MEETING MINUTES
Wednesday, November 8, 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:
Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Charlotte Degen and Madalyn Hillis -Dineen were 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.
6:32 PM 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.
Documents:
• 09/27/17 Special Use Permit & Site Plan Approval Decision #2017-11 with site plan
• 09/26/23 Modification Application
• 10/17/23 Email from Tim Pellegrin, Brewster resident
• 10/31/23 Memo from Jon Idman, Town Planner with 2018 compliance review documents and 10/23/23 Health
Department comments
• 11/07/23 Letter from Janice Fox, Regional Account Manager at intrax Work Travel
• 11/08/23 Photos of Ocean Edge workforce housing
Attorney Michael Ford, John O'Reilly P.E., P.L.S. of JM O'Reilly & Associates, Inc., and Thomas Devane, Project Director of
Ocean Edge Resort LLC were present on behalf of the Applicant Ocean Edge Resort LLC.
Motion by Wentworth to Open the Public Hearing on Proposed Modification, Special Use Permit and Site Plan
Approval Decision #2017-11 MOD1. Second by Michaels. Vote: S-0-0.
Ford stated that the Applicant was seeking modification of condition #2 from the 2017 special permit which limited the
special permit to five years unless extended by the Planning Board via the public hearing process. There were several
other conditions of the special permit including one that required the Applicant to return to the Planning Board after
one year for a review of all permit conditions. Ford stated that the one-year review showed that the conditions were
being met satisfactorily. After the review, the Applicant has continued operating in accordance with the conditions. The
Applicant has reached out to town staff in various departments including Police, Fire, Building, and Health as well as the
neighbors and has not heard of any ongoing problems. Ford stated that there are 42 bedrooms /84 beds that have been
used exclusively for Ocean Edge employees as transient workforce housing. Ford asked that the Planning Board extend
the special permit as it would any other special permit without a time limitation so Ocean Edge can rely on this housing
PB Minutes 11/08/23 Page 1 of 6
for its employees as it moves forward to plan accordingly. Ford noted that the Applicant has reviewed the
memorandum from the Town Planner which indicates that there are no active non-compliance issues.
Devane addressed condition #10 of the special permit related to maintenance of landscaped areas. He stated that eight
pine trees were planted behind the fence along the west side of the property and all eight have died. This was not
noticed by the Applicant until a few months ago when speaking with a neighbor of the property. He spoke to a tree
expert and the pines will need to be replaced. The Applicant would like to be allowed to replant the eight trees in the
spring. Devane would like to speak to an arborist to determine if pines are the best trees to plant in that area. He would
like to plant trees that will survive and provide sufficient buffering. Devane discussed use of the property and stated
that employees without cars were given priority. The Applicant tries to limit the number of vehicles on the property
Shuttle service and bicycles are provided to employees.
Idman stated that Condition #2 limiting the special permit to five years was included due to the novelty of the use.
Additionally, there was a review after one year. Idman stated that there have been a number of times that staff and the
Planning Board have discussed this project and it has been recognized that Ocean Edge has met its obligations.
Typically, the Planning Board grants special permits in perpetuity and the permit runs with the land. The Planning
Department solicited comments from other town departments and became aware of a few issues, not land use related
and not unique to this property. The issues were addressed quickly with an eye towards preventing reoccurrence. From
a staff perspective, there is no issue with allowing the special permit to continue and all other conditions remain in
effect. If there were other issues, there would be recourse such as enforcement by police and/or the zoning
enforcement agent.
Michaels read comments received from the Health Department into the record.
Taylor stated that she was glad to see that this project has succeeded and she hoped that other companies would do the
same to help with employee housing. Michaels stated that the project appears to be very well managed and he sees no
reason why it would not continue to be well managed. Wentworth is encouraged to see a company providing workforce
housing. Wentworth was hesitant when the project first began because he is nearby and he was concerned with noise
and traffic. Wentworth said that if anything, he's seen a decrease in motor scooters between the Villages and mansion.
Freitas agreed with other members and stated the site looks great and is well managed.
Janine Getek-Orr, 39 Thad Ellis Road, asked when the housing was first occupied and Devane stated that it was in Spring
2018. It has been occupied per the special permit since that time including during the COVID pandemic. There were less
than 84 occupants during COVID. Getek-Orr stated that the abutters are concerned because the past five years have not
been normal economic business years on Cape Cod. She does not support a permanent special permit at this time and
would like to see a review in another five years. Devane responded that the project has been in full operation for six
years.
Tom Suffriti, 59 Thad Ellis Road, asked if any of the conditions related to operation were proposed to be changed in
addition to the request to change Condition #2 related to the length of the special permit. Bebrin responded that the
Applicant was before the Planning Board with a request to modify Condition #2 only and all other conditions remain in
effect.
Evelyn Salvadore, owner of 43, 45, 49, and 51 Thad Ellis Road, expressed concern that the continued use could be
allowed without another review in five years. She asked why the project was referred to as a motel. Idman responded
that the project falls under the definition of a motel in the Brewster Zoning Bylaw. Salvadore asked if the broad
definition would allow for use as a motel in the future. Idman responded that the use is circumscribed by the permit
and the permittee is bound by the terms and conditions of the permit. Salvadore asked what the process would entail if
the permittee wanted to change the use and Bebrin stated that they would have to come back to the Planning Board.
Ford stated that a public hearing with abutter notification would be needed for a change of use. Salvadore asked if the
PB Minutes 11/08/23 Page 2 of 6
permit would allow for 40+ motel units to be built. Ford responded that that could not be done under the terms of the
current permit as motel has been specifically defined as the workforce housing currently being operated. If the
permittee wished to operate a motel, they would need to come back to the Planning Board for a public hearing. Bebrin
noted that there is no category in the use table for workforce housing, so motel is most likely the closest category for
seasonal housing. Again, she stated that the permittee would need to return to the Planning Board for a public hearing
if they wished to depart from any of the terms of the special permit.
Ken Benson, 38 Thad Ellis Road, asked whether the buildings meet the requirements to be permanent buildings as they
were initially proposed as temporary buildings. Devane responded that the units are modular homes that meet building
code requirements. He also stated that they plan to use these units as long as possible. Benson asked what recourse
abutters have if things are not going well. Idman responded that as a practical matter residents could reach out to
Devane. If that is not sufficient, abutters could reach out to the Building Commissioner who enforces zoning for the
town.
Joan Orr, 39 Thad Ellis Road, stated that alcohol is prohibited at the site and marijuana should be prohibited as well. She
also stated that all utilities to the site are supposed to be turned off from December 1— March 31 but during the past
year there were lights on during this time. She also thinks the quiet hours should be change to 9 pm — 8 am. Orr offered
to advise on the replanting of pines.
Freitas asked Devane to address the comment about lights at the site. Devane stated that the units are winterized but
some lights are left on for security and in case the site needs to be accessed by the emergency personnel. All lights are
down casting. Michaels inquired about lighting and noted that lights are not allowed on the rear of the units near the
northwestern western sides of the site. Devane stated that there are doors with security lighting on the north and west
buildings, but the doors are on the side of the buildings not the rear. Ford stated that the Applicant believes they are in
compliance with the special permit requirements.
Janine Getek-Orr suggested that the special permit be extended for another five years and at that time the Planning
Board could consider making it permanent.
Idman asked Taylor for suggestions on the replanting of the pine trees that have died. Taylor suggested white pine,
arborvitae or Leyland cypress as these species grow quickly. She stated that trees not only act as a visual buffer but a
sound attenuator. Idman suggested a condition that the Applicant replant with an appropriate evergreen species.
Evelyn Salvadore stated that the neighbors as direct abutters would be more comfortable if the special permit was
extended for five years as a lot can happen in five years. Ford responded that the conditions placed on this special
permit were extraordinary. The Applicant returned for a status review after one year and is back after five years for an
additional review. The Applicant believes they have met all conditions of the special permit and request the time limit
be removed and the special permit be permanent like a typical special permit.
Motion by Taylor to Close the Public Hearing on Proposed Modification, Special Use Permit and Site Plan Approval
Decision #2017-11 MOD1. Second by Michaels. Vote: 5-0-0.
Freitas stated that the Applicant has been monitored by the town and neighbors and they've shown to be good stewards
the special permit. Since there is recourse for any problems that may occur with neighbors and since the Applicant
would need to return to the Planning Board for any changes to the special permit, he does not see any reason to put a
time limitation on the permit. Wentworth asked if the Applicant was aware of the issues raised with hours of operation
and lighting. Ford responded that the Applicant was not aware until they were mentioned at the hearing. Idman
suggested modifying condition #10 with a requirement that the Applicant provide a planting plan to staff to review and
approve prior to replanting.
PB Minutes 11/08/23 Page 3 of 6
Motion by Wentworth to Modify Condition #2 of the Decision to read "The Special Permit shall run with the
property." and that pursuant to Condition #10 the Applicant will provide a planting plan to staff for review and
approval, and the Applicant will Implement the plan on Proposed Modification, Special Use Permit and Site Plan
Approval Decision #2017-11 MOD1. Second by Michaels. There was discussion by the Planning Board regarding
enforcement mechanisms for the special permit and the need for workforce housing. Vote: 5-0-0.
7:12 PM PUBLIC MEETING
Discussion with Denartment of Public Works Director Griffin Ryder re .arcling stormwater management ;,ermittinj?
Griffin Ryder, Director of Public Works, discussed his experience with stormwater review and design. Ryder has
extensive experience with the Massachusetts Stormwater Handbook. Michaels asked Ryder how Massachusetts
compares to other states in stormwater management. Ryder responded that Virginia was one of the first states to focus
on stormwater management, but Massachusetts was quick to follow. He believed Massachusetts began reviewing
phosphorous issues with the Charles River about 15-20 years. Ryder noted that for a long time Massachusetts relied on
its Wetlands Protection Act for stormwater control.
Ryder reviewed Brewster's Long Pond landing project and stormwater report with the Planning Board. He walked the
Planning Board through the different sections of a stormwater report and described what a report should include and
what the Planning Board should focus on. He stated that the report should provide a description of existing and
proposed conditions, drainage areas, rain events, and stormwater modelling. Ryder stated that during his time doing
stormwater work he has never peer reviewed a single-family home. The focus is typically on larger developments such
as grocery stores and modelling is done to capture the impacts of the development. Idman stated that tonight's
meeting was a first step toward reviewing stormwater. The next step would be a public forum to hear feedback from
the public on the stormwater bylaw and regulations and then a review by the Select Board and Planning Board to discuss
policy and any changes. A discussion on quantitative versus qualitative requirements should be considered. Bebrin
stated that there was an understanding when the Planning Board drafted the stormwater management bylaw that it
would need to be reviewed and reconsideration would be given to areas such as thresholds. Freitas voiced concern with
the impact the bylaw has on housing. He stated that the requirements are extensive for residential properties and
expressed concern about the costs. Ryder stated that quantitative analysis is best used for high impact development
whereas a qualitative approach is best used with smaller, low impact projects. He further stated that Brewster's zoning
for single-family homes encourages low impact development. Michaels stated that high infiltration can mean things are
not getting filtered as well as they should be. Ryder stated that rapid infiltration is less likely on Cape Cod with
groundwater 15+ feet away and sand acting as a filter. Michaels noted that Brewster's pre-treatment requirements are
more stringent than the state's requirements. Ryder stated that the primary BMP relates to infiltration.
Ryder reviewed important components to be considered in stormwater management including drainage delineation and
topography, land use within the drainage area including coverage and underlying soil types, rainfall, and time of
concentration. These components combined create a hydrograph. HydroCAD is a calculator of hydrographs. There was
discussion on the time of concentration component and Ryder stated that the existing and proposed time of
concentration should be close and should not increase from existing to proposed. Quantitative versus qualitative
approaches to stormwater management were discussed again. Idman stated that using quantitative standards from the
Massachusetts Stormwater Handbook and applying them to residential development could result in over mitigating for
stormwater. Ryder stated that for single-family homes a qualitative approach provides better analysis. Idman stated
that the MA Stormwater Handbook was intended for wetlands settings and larger developments.
Taylor stated that after storms there are large puddles on town roads. She asked how the puddling could be resolved.
Idman discussed the MS4 program and work to identify impaired catch basins. Ryder stated that puddling occurs
because we focus on infiltration and systems are not designed for overflow. Ryder also discussed storm events and how
catch basements have limited capacity to accept all stormwater. Ryder stated that the DPW is working on identifying
locations where infrastructure is needed and where infrastructure is not working properly. Due to budget restraints, the
DPW is not able to address all problem areas.
PB Minutes 11/08/23 Page 4 of 6
Ryder reviewed the stormwater management standards from the Massachusetts Stormwater Management Handbook
including: 1) No new stormwater conveyances may discharge untreated stormwater. 2) Peak rate attenuation. 3)
Eliminate or minimize loss of annual recharge to groundwater. 4) TSS treatment train. Ryder noted that some of the
requirements of this standard should not be applied to a single-family home. 5) Source control and pollution prevention
for land uses with higher potential pollution loads. Ryder noted that this standard does not apply often to Brewster as
Brewster does not have these types of projects. 6) Source control and pollution prevention for discharges in Zone II
areas. 7) Redevelopment projects are required to meet standards to the maximum extent practicable. 8) Construction
related impact plans. 9) Long term operation and maintenance plans. Michaels asked if the town does inspections to
determine compliance with the operation and maintenance plan. Idman stated that the operation and maintenance
plan must be recorded against the property. Enforcement by the town would take place if there was an issue such as
evidence of surface water. 10) Illicit discharges are prohibited. Ryder noted that Brewster does not see a lot of illicit
discharges because the town does not have sewers. Ryder stated that there are 14 various discharge locations
throughout Brewster including Cape Cod Bay and the Consodine Ditch. Wentworth noted that several of the
stormwater management permit applications reviewed by the Planning Board have included single-family homes with
pools. There town's illicit discharge bylaw regulates discharging of swimming pools.
Ryder also stated that a stormwater report should include analysis of soil types and drainage maps which are useful to
compare to the HydroCAD report. Ryder noted that for redevelopment projects it is important to fully treat any
addition. Micahels asked Ryder what the Planning Board should consider in reviewing a stormwater report and Ryder
responded that he would double check that the rainfall events make sense and match to NOAA and a review of the size
of pre and post development areas is important. There was discussion on velocity and how it impacts time of
concentration. The Planning Board discussed BMPs and Wentworth stated that swales wouldn't really do much on a
level lot. Ryder stated that they could be used to provide a lower area for collection or a bioretention area could be
used. Idman stated that the quantitative approach does not always give you everything you need intuitively to review a
project. He stated that the slope and topography of the site were important factors. Ryder stated that slopes and
velocities are considered through BMPs in the MA Stormwater Handbook. He gave an example of a project taking place
at the Freeman Fields where the field itself is a vegetated swale and will be used as a BMP. Michaels asked if the
Planning Board could suggest specific BMPs to those applying for stormwater management permits. Idman stated that
given the Stormwater Regulations, it was best that the Planning Board did not try to direct Applicants to specific BMPs
that may require requests for waiver. Bebrin noted that Applicants could make requests for waivers to the Planning
Board. Michaels stated that he felt some of the stormwater requirements, specifically HydroCAD requirements, may be
overkill for single-family dwellings depending on slope and topography of the lot.
There was discussion on maintenance of catch basins throughout the town. Ryder noted that the town has a catch basin
cleaning program for basins on private roads. The program happens in the Fall and residents on private roads can sign
up to have their catch basins cleaned for a fee. The DPW cleans the catch basins on town roads.
Ryder discussed Operation and Maintenance Plans and the importance of the plan including a schedule for inspection
and cleaning of catch basins. Idman stated that in residential settings not as much pre-treatment is needed and TSS
removal can be handled after the fact.
The Planning Board thanked Ryder for his time and look forward to further discussions with him on stormwater
management.
8:31 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: October 25, 2023.
The Board reviewed the October 25, 2023 meeting minutes. Motion by Michaels to Approve October 25, 2023 Meeting
Minutes. Second by Wentworth. Vote: 5-0-0.
PB Minutes 11/08/23 Page 5 of 6
8:31 PM COMMITTEE REPORTS
Wentworth stated that the Vision Planning Committee (VPC) is continuing its work on public outreach on the Local
Comprehensive Plan (LCP). Wentworth reminded everyone of Fall Town Meeting which will be taking place on Monday,
November 13th. He thanked the VPC members for all their work on the LCP and specifically recognized Sharon Tennstedt
and town staff as well.
8:32 PM FOR YOUR INFORMATION
None.
8:32 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
None.
Motion by Wentworth to Adjourn. Second by Michaels. Vote: 5-0-0. The meeting adjourned at 8:33 PM.
Next Planning Board Meeting Date: December 13, 2023.
Respectfully submitted,
"16,1111 -
Lynn St. Cyr, Senior Department Assistant, Planning
PB Minutes 11/08/23 Page 6 of 6