HomeMy Public PortalAboutPlanning Board -- 2024-02-24 Minuteseaswsr
Planning Board Approved: 02/28/24
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508 896-3701 x1133
brewplan@brewster-ma.gov
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MEETING MINUTES -
Wednesday, January 24, 2024 at 6:30 pm
Brewster Town Office Building
Chair Amanda Bebrin convened a meeting of the Planning Board at 6:30 pm with the following members participating:
Charlotte Degen, Tony Freitas, Rob Michaels, Elizabeth Taylor (remotely), and Alex Wentworth. Madalyn Hillis -Dineen
was not present. Also participating: Jon Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Bebrin
declared that a quorum of the Planning Board was present. The Meeting Participation Statement and Recording
Statement were read.
6:32 PM PUBLIC ANNOUNCEMENTS AND COMMENT
None.
6:32 PM JOINT PUBLIC HEARING WITH BREWSTER TREE WARDEN
Case No. 2024-02: Applicant/Owner Town of Brewster proposes selective tree cutting or removal along the approximate
2.5 mile length of Millstone Road, associated with the Town's Millstone Road Improvements Project. As Millstone Road
is a town way and designated scenic road, the Planning Board will hold a joint public hearing with the Tree Warden on
the proposed tree work pursuant to Massachusetts General Laws Chapter 87, Section 3 and Chapter 40, Section 15C.
Documents:
• 01/04/24 Memorandum from Griffin Ryder, Department of Public Works Director
• 01/05/24 Application with plan set and plant palette
Bebrin recused herself from this application and Wentworth took over as Chair. Tree Warden Josh Sargent and
Department of Public Works Director Griffin Ryder were present for the hearing. Steve Rhoads, P.E. of VHB participated
remotely.
Motion by Degen to Open the Joint Public Hearing with the Brewster Tree Warden on Case No. 2024-02. Second by
Michaels. Vote: 5-0-0.
Ryder directed the Planning Board to his memorandum dated January 4, 2024. He stated that the Millstone Road
Improvements Project has been underway for some time and there had been push backs from residents due to
anticipated impacts. The Town has focused on reducing these impacts including the amount of tree removal associated
with the project. Ryder stated that Millstone Road runs from Route 137 to Route 6A, approximately 2.5 miles, and is a
very forested area. Ryder further stated that this road was built and natural vegetation such as pin oaks and pitch pines
grew up around the road. Ryder stated that there has been a lot of public input on this project. Ryder noted that
certain sections of the road are outside of the road layout. He described the area near Spring Rock and an area near
Lund Farm Way which is being pulled back to the right of way and off resident property. This allows for three new trees
to be planted. Generally, there is not a lot of space to plant new trees along Millstone Road.
Ryder stated that he has walked the site several times with Sargent and the plans have been revised based on those site
visits. He gave specific examples such as elimination of grass strips so that trees could be saved. Safety and resident
concerns were considered in the design. Ryder again stated that this is a very forested area. Trees are layered so in
some cases removing the first row of trees is beneficial as some have been impacted by salt and trimming. He stated
that not every tree proposed for removal has been identified but stand-alone trees of 9 inches or greater have been
PB Minutes 01/24/24 Page 1 of 4
identified. Ryder stated that there are not any specimen trees on the road but identified an area towards the end of
Millstone Road near Route 6A in which 30 -inch maples trees would remain and be maintained. The trees proposed for
removal are pines, pitch pines, or oaks. There are several trees that have been damaged due to insects or fungicide as
well as trees in poor shape from continuous top offs from utility companies. These trees will be removed but have not
been identified as stand-alone trees for removal because they're already impacted. Ryder directed the Planning Board
to sheet #10 in the plan set. He stated that there are five trees that were proposed to be removed near Pinewood Drive.
The trees are in a resident's front yard and provide screening, so the design has been revised to remove a proposed
grass strip in the area and keep four of the five trees originally proposed for removal. The plans will be revised and
provided to the Planning Department. Ryder stated that the town has tried to work with residents on various options
and has even developed a plant palette for resident's consideration in the replanting phase. A template containing trees
and shrubs that work well together is being created. Ryder stated that conversations between the Town and residents
will continue. The plans for tree removal will continue to be revised. As of now, there are 12 stand-alone trees
proposed for removal.
Wentworth asked Idman to summarize the expectations of the Planning Board for this application. Idman responded
that the shade tree statute and scenic roads act allow for a joint public hearing with the Planning Board and Tree
Warden. Idman suggested the Planning Board discuss any objections or concerns they have and after that discussion
look to make a motion to allow the tree removal work to proceed without objection and provide conditions, if any.
Bill Henchy, 64 Old Meadow Road, stated that he has a long tenure with this project and the project has come a long
way. He thanked the DPW team for all their work on the project. Henchy asked that revised plans be provided and that
the Planning Board include a condition in their decision that revised plans be provided the project scope changes.
Taylor asked when tree removal will take place. Ryder responded that he is hopeful that construction will begin in the
Fall 2024 and the trees would be cleared in the Fall. If there was a delay, the trees most likely would not be removed
until the following Spring. Tree trimming would also take place at the same time. Taylor stated that she was hoping that
bird nesting season could be avoided. Ryder stated that the DPW is sensitive to bird nesting season and he hopes to
avoid it. Michaels stated that he was impressed with the amount of outreach that has been done. He gave an example
of meeting a neighbor while on a site visit who was enthused and could not wait for the project to begin. He also
appreciated the effort that has gone in to planning the tree removal. Degen appreciated all the work that has been put
into the project especially the community outreach and replanting options that have been offered to the residents. She
noted that high bush blueberries were proposed and thought there may be an opportunity for community blueberry
picking. Freitas stated that he appreciated the public outreach. He stated that the Town has been proactive and
accommodating in their approach. Wentworth also expressed appreciation for the community outreach efforts and all
the work the Town is putting into the project.
Motion by Degen to Close the Joint Public Hearing with the Brewster Tree Warden on Case No. 2024-02. Second by
Michaels. Vote: 5-0-0.
Motion by Michaels to Allow the Work Proposed in Case No. 2024-02 to Proceed without Objections subject to the
Conditions that the Town: 1) Continue the public outreach, planning and decision-making process for the tree work as
described in the memorandum from Griffin Ryder, DPW Director, dated January 4, 2024; 2) Submit revised plans to
the Board seasonably to reflect changes in the tree work as the Project advances; and 3) Undertake the work in
consideration of the bird nesting season to the maximum extent practicable. Second by Degen. Roll call vote: Taylor -
yes; Michaels -yes; Degen-yes; Freitas -yes; and Wentworth -yes. Vote: 5-0-0.
6:58 PM PLANNING DISCUSSION
2023 Planning Board Annual Report.
Documents:
• Draft 2023 Planning Board Annual Report and photos reviewed for inclusion in report
PB Minutes 01/24/24 Page 2 of 4
The Planning Board reviewed and discussed the draft 2023 Planning Board Annual Report. Motion by Degen to Approve
Draft 2023 Planning Board Annual Report, as amended. Second by Wentworth. Roll call vote: Wentworth -yes;
Michaels -yes; Degen-yes; Freitas -yes; Taylor -yes; and Bebrin-yes. Vote: 6-0-0.
7:05 PM PLANNING DISCUSSION CONTINUED
The Planning Board will review and generally discuss the number and twe of stormwater management uermits received
in 2023.
Documents:
0 Spreadsheet titled "2023 Stormwater Management Permits"
The Planning Board reviewed the number of stormwater permit applications received in 2023 for Planning Board (major)
or Planning Department (minor) review. 51 permit applications were received. 48 permits were issued with 2
applications withdrawn and 1 application currently pending. Of the 48 permits issued, 17 were major permits including
1 modification and 31 were minor permits including 1 modification. For comparison in 2022, there were a total of 15
permits issued with 13 being minor and 2 being major.
Michaels noted that of the 17 major permits approved by the Planning Board 4 were approved with a waiver. Waivers
were mostly related to phosphorous. Michaels stated that Brewster standards are different from state standards for
phosphorous so the Planning Board may want to consider making Brewster standards more like Massachusetts.
Michaels also noted that several of the minor permits issued were for pools. There were also many permits issued for
ADUs. Idman stated that it is important for the Planning Board to be cognizant of both major and minor permits. Idman
stated that he expects the Planning Board will hold a public hearing with stakeholders for feedback on the stormwater
management bylaw. Michaels stated that the data will be helpful in discussing the bylaw including the current
thresholds and possible changes to those thresholds. Wentworth suggested the information being tracked include
proposed square footage for each project so the Planning Board could more easily determine whether thresholds need
to be adjusted.
Taylor asked if the Planning Board should be looking at pools and regulations for drainage and treatment. Idman
responded that Town Code Chapter 115 deals with illicit discharges and the DPW is the overseeing authority. Idman
stated that he has worked on revisions to the bylaw and discussed them with town staff. He will continue to pursue
these revisions. There is not a lot of familiarity with this bylaw and the standards are not very clear. A reference to the
bylaw is included in stormwater permits issued for pools.
Degen inquired as to costs. She stated that she believed the costs of stormwater management for plans and
infrastructure were high. Wentworth stated that he would be happy to provide numbers for costs related to his project.
He described the estimates he received thus far as massive. Freitas stated that engineers who have been before the
Planning Board for stormwater permit applications have noted that additional costs related to stormwater can range
between $30,000-$40,000. Idman stated that costs are something that could hopefully be discussed at a public hearing.
He also noted that of all the stormwater permit applications submitted only 4-5 were for commercial projects and most
permit applications were for single-family residential projects. Idman stated that costs should be considered as they
relate to lot type. There are marginal lots which may require more stormwater management. Bebrin stated that further
discussion on allowances for topography and use of natural elements with less disturbance as opposed to manmade
stormwater infrastructure should be considered.
7:20 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: January 10, 2024.
The Board reviewed the January 10, 2024 meeting minutes
Minutes, as amended. Second by Michaels. Roll call vote:
Wentworth -yes; and Bebrin yes. Vote: 6-0-0.
Motion by Degen to Approve January 10, 2024 Meeting
Michaels -yes; Degen-yes; Freitas -yes; Taylor -yes;
PB Minutes 01/24/24 Page 3 of 4
7:22 PM COMMITTEE REPORTS
Degen summarized the January 22"d Select Board meeting which included an executive session related to the
purchase/lease of property. The Select Board meeting included discussion on the childcare subsidy pilot program,
Brewster Inn licensing, Vesper Road private road betterment, the potential hiring of two additional fire/rescue staff and
the use of grant funds for hiring those staff, and the Nauset Regional School Agreement. Bebrin summarized the joint
meeting of Bay and Pond Property Planning Committees and the Select Board on January 23 d. The meeting focused on
firming up the final masterplans for the pond and bay properties. There was a decision made to include an area
designated for a future community center on the bay property plan. The current "secluded zone" was designated for
municipal uses. The final forum will be held virtually on February 15th. Taylor stated that the Pond Property Planning
Committee voted for the property to be used for housing and a municipal wastewater treatment plant. Bebrin
encouraged the public to review the plans and documents on the Town's website and attend the final forum.
7:28 PM FOR YOUR INFORMATION
The Planning Board received a notice from the Orleans Planning Board for a public hearing on February 13, 2024.
7:30 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
None.
There was a discussion on providing a summary of pros and cons for projects before the Planning Board as a tool the
public could use to better understand projects. Idman noted that a summary may be seen as pre -judgment on
regulatory matters but thought it could be useful for town wide projects.
Idman announced that the Annual CPTC Conference will take place on March 16tH
Motion by Wentworth to Adjourn. Second by Degen. Roll call vote: Wentworth -yes; Michaels -yes; Degen-yes;
Freitas -yes; Taylor -yes; and Bebrin-yes. Vote: 6-0-0. The meeting adjourned at 7:35 PM.
Next Planning Board Meeting Date: February 14, 2024.
Respectfully submitted,
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Lynn St. C ,Y' nior Depa ment Assistant, Planning
PB Minutes 01/24/24 Page 4 of 4