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HomeMy Public PortalAboutPlanning Board -- 2024-03-13 MinutesWednesday, March 13, 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, Madalyn Hillis -Dineen, 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. 6:31 PM PUBLIC ANNOUNCEMENTS AND COMMENT None. 6:32 PM PUBLIC HEARING Special Permit Case No. 2024-03: Applicant/Owner: Main Street Brewster Trust, Andrew K. Murphy, Trustee d/b/a The Peacemaker has applied for a special permit under Brewster Zoning Bylaw Article VI for a sign at 2149 Main Street (Tax Map 68 Parcel 121), located within the Residential Medium Density (RM) Zoning District. Documents: • 01/30/24 Planning Board Application • 02/12/24 Staff Report • 02/12/24 Zoning Enforcement Officer Referral Motion by Hillis -Dineen to Open the Public Hearing on Special Permit Case No. 2024-03. Second by Degen. Vote: 7-0- 0. Applicant Andrew Murphy was present. Murphy requested a sign for his business located on the corner of Route 6A and Old North Road. The business was previously the Brewster Coffee Shop. The new business, the Peacemaker, serves breakfast and lunch 7 days per week and is open from 7:00 am to 2:00 pm. Currently, there is a banner sign on the building. Murphy stated that historically the business has had a roof sign which was there for years. It was taken down less than two years ago when Brewster Coffee Shop closed and a new business opened. Murphy proposed a roof sign and an additional freestanding sign. The Zoning Bylaw limits sign area for this business to 16 SF. The total area of the two proposed signs is 25 SF. Murphy requested a special permit to allow both signs on the property. He further stated that he feels the roof sign is important for the business. He has also applied to the Historic District Committee (HDC) and the proposed sign was approved subject to conditions. Idman stated that the HDC approved the roof sign subject to conditions as well as a freestanding ground sign which has not been installed yet. Idman stated that the area of both signs totals 25 SF and a single purpose business is only allowed 16 SF. The Zoning Bylaw allows the Planning Board to waive or modify sign requirements via a special permit process. This is not a variance. Idman stated that Murphy is seeking a special permit to allow for 25 SF of signage. Idman stated that if the special permit is approved, a condition stating that the permit was subject to final design approval by the HDC should be included. Taylor confirmed with the Applicant that the Planning Board had the final design of the sign that would be presented to the HDC Chair. Murphy confirmed that the sign the Planning Board was reviewing was the revised design. The HDC PB Minutes 03/13/24 Page 1 of 4 Brewster Planning Board Approved: 03/27/24 2198 Main Street Vote: 6-0-0 3u - Brewster, MA 02631-1898 o y` (508) 896-3701 x1133 PO brewplan@brewster-ma.gov MEETING MINUTES I ` Wednesday, March 13, 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, Madalyn Hillis -Dineen, 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. 6:31 PM PUBLIC ANNOUNCEMENTS AND COMMENT None. 6:32 PM PUBLIC HEARING Special Permit Case No. 2024-03: Applicant/Owner: Main Street Brewster Trust, Andrew K. Murphy, Trustee d/b/a The Peacemaker has applied for a special permit under Brewster Zoning Bylaw Article VI for a sign at 2149 Main Street (Tax Map 68 Parcel 121), located within the Residential Medium Density (RM) Zoning District. Documents: • 01/30/24 Planning Board Application • 02/12/24 Staff Report • 02/12/24 Zoning Enforcement Officer Referral Motion by Hillis -Dineen to Open the Public Hearing on Special Permit Case No. 2024-03. Second by Degen. Vote: 7-0- 0. Applicant Andrew Murphy was present. Murphy requested a sign for his business located on the corner of Route 6A and Old North Road. The business was previously the Brewster Coffee Shop. The new business, the Peacemaker, serves breakfast and lunch 7 days per week and is open from 7:00 am to 2:00 pm. Currently, there is a banner sign on the building. Murphy stated that historically the business has had a roof sign which was there for years. It was taken down less than two years ago when Brewster Coffee Shop closed and a new business opened. Murphy proposed a roof sign and an additional freestanding sign. The Zoning Bylaw limits sign area for this business to 16 SF. The total area of the two proposed signs is 25 SF. Murphy requested a special permit to allow both signs on the property. He further stated that he feels the roof sign is important for the business. He has also applied to the Historic District Committee (HDC) and the proposed sign was approved subject to conditions. Idman stated that the HDC approved the roof sign subject to conditions as well as a freestanding ground sign which has not been installed yet. Idman stated that the area of both signs totals 25 SF and a single purpose business is only allowed 16 SF. The Zoning Bylaw allows the Planning Board to waive or modify sign requirements via a special permit process. This is not a variance. Idman stated that Murphy is seeking a special permit to allow for 25 SF of signage. Idman stated that if the special permit is approved, a condition stating that the permit was subject to final design approval by the HDC should be included. Taylor confirmed with the Applicant that the Planning Board had the final design of the sign that would be presented to the HDC Chair. Murphy confirmed that the sign the Planning Board was reviewing was the revised design. The HDC PB Minutes 03/13/24 Page 1 of 4 requested the sign be revised to not include bolded font. This design will be presented to the HDC Chair for final approval. Michaels stated that he did not have a problem with the design of the sign, but he did not understand why a larger size was needed. He stated that a lot of thought went into the sign bylaw and the size should remain at 16 SF as it is for other businesses. Michaels stated that the roof sign is visible from Route 6A but the ground sign may not be visible at all times. Murphy responded that the ground sign is not always visible due to vehicles parking in front of it. Historically, there has been a sign on the roof and he would like the option of a roof sign. Murphy stated that the sign is tasteful. He noted that there are other businesses in Brewster with roof signs in addition to signs in front of their business. He stated that he did not measure but he believes there are also businesses with signs greater than 16 SF. Degen stated that she drove Route 6A to compare the signage to other businesses and found the signage for this property to be different. She noted that the roof sign alone was greater than the allowed 16 SF. Murphy responded that the proposed roof sign is smaller than the roof sign that was previously in place for the Brewster Coffee Shop. Degen asked if the freestanding sign could be eliminated or reduced in size and put on the building. Murphy responded that historically there has been both a roof sign and ground sign on the property. He further stated that reducing the size of the roof sign would make it difficult to read. Wentworth stated that he does not have an issue with the proposed signage. He agreed with the Applicant's comment about the usage of A frame signs by local businesses in the summer. He thought the proposed signage would help reduce the use of A frame signs. Wentworth asked whether the special permit would include a condition that stated the total square footage of signage allowed on the property. Idman responded that the permit could include such a condition and that additional conditions could include no additional signage and no usage of A frame signs on site. Hillis -Dineen stated that the sign was tastefully done. She expressed concern about the size of the sign on the roof and it being exposed to Cape Cod winds. Hillis -Dineen asked if the sign would be professionally installed and if it would be inspected by the Building Department. Idman responded that the Building Commissioner will review and the sign will need to meet the requirements of the building code. Murphy responded that the sign is sturdy and well made. He stated that the sign will be installed by a professional and properly secured. Freitas stated that the signage, including the roof sign, was there previously and he has no issue with the proposed signage. Freitas confirmed with the Applicant that a total of 25 SF of signage is proposed which is 9 SF more than what is allowed. Freitas asked if businesses using sandwich board signs should be seeking permits from the Planning Board. Idman responded that not all signs need a special permit from the Planning Board. Idman noted that there are different requirements for single purpose businesses. Some sites have multiple businesses and those sites have individual business signs and master signs. Idman stated that the Building Commissioner is the enforcement authority and if, for example, signage is more than what is allowed then the Building Commissioner could refer the Applicant to the Planning Board for a special permit. Wentworth asked whether this application would be before the Planning Board for review if the previous Brewster Coffee Shop sign was not taken down. Idman responded that if the sign was left up and no changes were made to the sign than the current application would not be before the Planning Board. Because the Applicant is seeking changes to the sign and the proposed sign is beyond the sign requirements in the bylaw, a Planning Board special permit is necessary. Michaels expressed concern that allowing this roof sign would lead to more requests for roof signs and/or larger signs which could ultimately change the character of Route 6A. Idman stated that as a legal matter the Planning Board is not creating precedent and the option to seek a special permit is relief offered under the bylaw. Idman further stated that the Planning Board should be considering the property and application in front of them not future applications that may PB Minutes 03/13/24 Page 2 of 4 be presented. Idman also noted that the proliferation of signs in this area is unlikely because this is a residential zoning district and this business is a non -conforming use. Degen stated that she recalls two previous applications in which the Planning Board decided not to approve changes for the signage. She stated that she cannot approve changes to this sign because it would unfairly benefit this business. Her decision is based on the sign regulations not the quality of the sign or the business. Bebrin stated that she is comfortable with the sign given that the HDC would have final approval of the design and because there has been roof sign at this property historically. Motion by Wentworth to Close the Public Hearing on Special Permit Case No. 2024-03. Second by Degen. Vote: 7-0-0. There was additional discussion by the Planning Board. Freitas noted that to keep both signs and total signage to 16 SF, the roof sign would need to be reduced to 9 SF. Freitas stated that he liked the historic design of the sign. There was a suggestion that the Applicant remove the freestanding sign and keep the roof sign. It was noted that a special permit would still be needed because the roof sign alone is larger than 16 SF. Degen suggested a motion that the property be allowed no more than 18 SF of signage. Idman responded that the Planning Board may choose to approve the roof sign as is rather than allow a total of 18 SF of signage because that may lead to confusion if the Planning Board is approving signage other than those presented to them. Wentworth stated that it was not fair to the Applicant to only allow the roof sign that has a name only. A sign stating what the business is/does should also be considered. Michaels stated that he agrees that there should be signage diversity but believes the signage should be 16 SF or less for this location. Motion by Hillis -Dineen to Reopen the Public Hearing on S ecial Permit Case No. 2024-03. Second by Degen. Vote: 7- 0-0. Murphy stated that he would like to keep the signs as proposed and would like the Planning Board to vote on the proposal before them. He stated that historically there have been two signs on the property and he would like to keep it that way. Murphy stated that he appreciates the regulations but feels each business needs to be looked at on a case-by- case basis. He asked the Planning Board to consider the proposal as presented. Idman stated that if the Planning Board's motion should include proposed conditions that HDC has final design approval and no further signs are allowed on site. Board members can vote to approve or deny the signs as presented. Motion by Wentworth to Close the Public Hearing on Special Permit Case No. 2024-03. Second by Degen. Vote: 7-0-0. Motion by Wentworth to Approve Special Permit Case No. 2024-03 subject to Final Design Approval by HDC and that No Additional Signage is Allowed. Second by Freitas. Vote: 5-2-0. 7:07 PM PUBLIC HEARINGS CONTINUED Special Permit and Site Plan Review Case No. 2024-04: Applicant/Owner: The Free Sea Turtle, LLC, Paul Wallace, Manager, has applied for Site Plan Review under Brewster Zoning Bylaw Article XII for a new commercial development on an undeveloped lot, and a Special Permit under Brewster Zoning Bylaw Section 179-51 for uses including building and construction trade shop or garage and a full-service restaurant, at 162 Underpass Road (Tax Map 77 Parcel 9) located within the Commercial High Density (CH) Zoning District. Special Permit and Site Plan Review Case No. 2024-05: Applicant/Owner: 162 Underpass LLC, Charles Whitcomb III, Manager, has applied for Site Plan Review under Brewster Zoning Bylaw Article XII for a new commercial development on an undeveloped lot, and a Special Permit under Brewster Zoning Bylaw Section 179-51 for uses including building and construction trade shop or garage and (1) accessory commercial dwelling unit, at Underpass Road (Tax Map 77 Parcel 10 and 60) located within the Commercial High Density (CH) Zoning District. PB Minutes 03/13/24 Page 3 of 4 Documents: • 03/08/24 Request to Continue Motion by Wentworth to Continue Special Permit and Site Plan Review Case No. 2024-04 to March 27, 2024. Second by Degen. Vote 7-0-0. Motion by Wentworth to Continue Special Permit and Site Plan Review Case No. 2024-05 to March 27, 2024. Second by Degen. Vote 7-0-0. 7:10 PM APPROVAL OF MEETING MINUTES Approval of Meeting Minutes: February 28.2024. The Board reviewed the February 28, 2024 meeting minutes. Motion by Degen to Approve February 28, 2024 Meeting Minutes. Second by Wentworth. Vote: 7-0-0. 7:11 PM COMMITTEE REPORTS Freitas announced that the next meeting of the Brewster Affordable Housing Trust will be on March 21, 2024. Degen summarized the February 26th meeting of the Select Board which included discussion on the Library's Fix It Program, early voting, the Health and Human Services Committee budget, Fire Department budgeting including the Safer Grant, the sale of the home at 212 Yankee Drive, Sea Camps warrant articles for Town Meeting including clarification that no funding is being requested at Town Meeting, and updated town policies including metal detection on town property. Bebrin reiterated that the Sea Camps related warrant articles will not include requests for funding. She announced tours of the Pond Property will take place on April 6th and April 10th. Tours of the Bay Property will take place on April 17th and April 27th. Bebrin also stated that there will be an information session on April 30th related to the Sea Camps Town Meeting warrant articles. Additional information and contact information can be found on the Town's website and questions can be emailed directly to the committees. 7:20 PM FOR YOUR INFORMATION None. 7:24 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR None. Motion by Wentworth to Adjourn. Second by Degen. Vote: 7-0-0. The meeting adjourned at 7:17 PM. Next Planning Board Meeting Date: March 27, 2024. Respectfully submitted, A,�, ��Z- -- -- - Lynn S. yr, Senior D artment Assistant, Planning PB Minutes 03/13/24 Page 4 of 4