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Home My Public Portal AboutPlanning Board -- 2003-05-27 Minutes `\.\\\\\��I�Iu111u1�1Nuulu/u//i/iii o , ' . ' Brewster Planning Board O s>4 t � W m V 3 V D = BRMUR BICENTENNIAL 2198 Main Street +_ =_{�s, y\ Brewster, Massachusetts 02631-1898 (508) 896-3701 O TOWN OF BREWSTER MINUTES OF PLANNING BOARD Tuesday, May 27, 2003 7:00 P.M. Brewster Town Office Building 1. Present: Chairman Taylor convened the Planning Board meeting at 7:OOPM in the Brewster Town Office Building with members Henchy, McMullen, Bob Bugle, Linda Bugle and Remy present. 2. CONTINUANCE LEGAL HEARING — SPECIAL PERMIT #SP2003-04 — CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW— Zuckerman/Pleasant Bay Assisted Living Facility— Located at South Orleans Road and Freeman's Way, on Assessors' Map 45, Lots 68 & 69 — 60 units of assisted living in a two story 60,626 sq. ft. building. Present: Joshua Zuckerman, developer, and Duane Landreth, Esq., 3. Chairman Taylor read the following comments into the record: BOH—On August 6, 2002, The Board Of Health Reviewed The Comments In Michael Giggey's Letter Dated June 27, 2002 And As A Result Of That Review, The Board's Comments Are As Follows: 1. F. R. Mahony Must Provide Written Assurance That The Amphidrome System Can Consistently Meet The Design Criteria. F. R. Mahony Must Later Sign Off That The Plan Is Constructed In Accordance With Its Recommendations. 2. The Design Of The 15-Foot By 30-Foot Building Must Be Reviewed When The Design Process Is Complete. Input From The Fire Chief Must Be Solicited On The Chemical Handling Facilities. 3. The Emergency Generator Must Be Relocated From The South Side Of The Proposed Building To A Location Where The Noise Will Be Less Noticeable To The Neighbors Across Route 39. 4. Some Vegetative Screening Must Be Provided Of The Building. 5. The Developer Must Confirm That All Housed That Immediately downgradient Are Connected To The Public Water System. 6. The Rizzo Associates Must Confirm That The Existing Pumps Are Adequate For The Increased Flow. 7. The Rizzo Associates Must Confirm That The Remaining Nine Leaching Pits Are Adequate During The Construction Period. 1 8. The Grading Design Of The Leaching Trenches Must Accommodate The Reconstruction Of The Embankment To Allow Runoff To Come Down The Hill And Be Diverted Away From The Trenches. 9. A New Monitoring Well Plan Must Be Developed That Includes One Or Two Upgradient Wells And Three Downgradient Wells. 10. The Engineer Overseeing The Operations Must Report Annually To The Board Of Health On The Quantities And Disposition Of Sludge And Grease Removed From The Facilities. 11. The Board Of Health Must Be Notified Of The Proposed Plant Operator. 12. The Proposed Teledialer System Must Include The Operator And A Continually Manned Location Within The Facility. 13. An Adequate Supply Of Spare Parts Must Be Maintained On Site. One Question Of The Board Is What Is The Decibel Level Of The Amphidrome Blowers? DPW—Public Works Has No Concerns In This Matter. Building—The DPRC Held A Hearing Regarding This Project On February 4, 2003. All Were In Favor Of The Project And Gave It Their Blessing. I Believe That The Zoning Board Of Appeals Has Addressed The Zoning Details. I Am Anxious To See This Project Under Way. Police - I Have Met Several Times With Representatives Of The Assisted Living Facility And Requested A Second Entrance/Exit Be Developed Off Freeman's Way. This Request Was Met With No Hesitation In Full Compliance With My Requirements. I Have No Concerns With The Proposal. Fire—Lets Get Going On This! "Plans Have Been Reviewed And Will Be Looked Over Again." 4. Landreth - On May 101h, 2003, the applicant met with abutters Mr. & Mrs. Eiler to discuss their concerns regarding the proposed entrance of the new facility, which is opposite the Eiler's driveway on Freeman's Way. At that meeting the parties agreed the applicant (Mr. Zuckerman) move the Eiler's driveway and provide fencing to block lights from on-coming traffic. This will be completed with in one year of the date of this permit. 5. Landreth—the concerns regarding Mansion Road, it will not be blocked there will be access to it, a gate will be across to discourage Dirt bikes from using the road. 6. Landreth - construction of a 60 unit assisted living facility on Freeman's Way in Brewster, Massachusetts. The building is to be adjacent to and associated with the existing Pleasant Bay Nursing and Rehabilitation Center located on Route 39 north of Freeman's Way. Access to the assisted living site will be via a two lane driveway, creating an intersection with the north side of Freeman's Way about 300 feet west of the Route 39 and Freeman's Way intersection. Details are provided on Sheet C-2 of the Engineering Plans. 7. Landreth - the loading and unloading area is of sufficient size, given the nature of the development proposed and designed, to allow vehicles to safely maneuver to and from the public right of way and to prevent obstruction with that right of way or with any parking spaces. See Sheet C-3 of the Engineering Plans. 2 8. Landreth - The landscaping plan for the complex is shown on Sheets C-5 and C-5A of the Engineering This Board finds with respect to the specific requirements of the bylaw: 1.) separation between the parking area and the public road is in excess of 700 feet. There are substantial buffer plantings around the entire parking area, including the side or toward Freeman's Way; 2.) there is a landscaped buffer strip in excess of 10 feet in depth toward adjoining properties 3.) the parking area is not designed so as to comply with Paragraph 3 requiring that no p surface exceed 60 feet in width and that one shade tree per 5 parking spaces be place protective pervious plot of 60 square feet in area. Based upon the request of the Fire Chi to comply with his Department's need for a larger turning radius for its largest equipme Board has relaxed this requirement and the middle bay"islands" at the east and west side lot will be striped and not elevated with plantings; 4.) reference to Plan C-5 of the Engineering Plans shows a substantial buffer of plants whic screen storage areas, machinery service areas and trash loading areas from surrounding ar 5.) applicant is required to maintain the landscaped areas as long as this permitted use ex this property. Applicant must replace any trees which die within one growing season. Th specific condition of approval for this permit; 6.) building architectural design is compatible with the character of the adjacent roadwa surrounding neighborhood. The Commission Decision at Page 8 states that the build compatible with its site and existing surrounding materials and that the design is harm with local custom; 7.) the structure has been sited so as to allow maximum separation between it and the stre there is substantial remaining open space. The building is in scale and proportion w surroundings; 8.) bituminous paving has been used to an extent consistent with the type of facility and th for maintenance and adequacy of the roadways in all weather conditions; 9.) as noted in the Commission's findings, the inventory of plant life on the site is largely mixed oak/pine forest typical of Cape Cod with no state listed species or unusual n communities of plants nor specimen trees; 10.) this building design is not subject to the guidelines of the Brewster Historic District Comrr 9. Motion by Henchy, McMullen second, "Draft a favorable permit to be voted by the Board". all voted in favor. 10. LEGAL HEARING — DEFINITIVE SUBDIVISION PLAN #DEF2003-06- Jeffrey Drown, Trustee of Blond Dog Realty Trust - Located off Main Street (Rt. 6A) on Assessors' Map 29, Lot 87.-Proposed 4 lot subdivision. Present: Phil Schalomitti and Jeff Drown. 3 11. Schalomitti — the presented plan complies with the Boards subdivision rules and regulations. Lot 4 is noted to not be a buildable lot. We are still waiting for the site line requirements from the State. This site was originally designed for a 28 40B housing unit. 12. Taylor reads comments from department heads: BOH—4/25/2003—APPROVE AS LONG AS COMPLIANCE WITH: 1. TITLE 5 AND BREWSTER BOARD OF HEALTH REGULATION. 2. TOWN WATER IS AVAILABLE. 3. NO VARIANCES WILL BE GRANTED. DPW—PLAN APPEARS TO MEET SPECIFICATIONS. I WOULD RECOMMEND CASCADE GRATES FROM STORM INLETS. BUILDING—I HAVE REVIEWED THE ABOVE PLAN. IT IS MY OPINION THAT IF CONFORMS TO THE BREWSTER ZONING CODE. WATER—THE BREWSTER WATER DEPARTMENT HAS SUFFICIENT WATER THIS AREA OF ROUTE 6A TO SUPPLY THIS NEW SUBDIVISION. AN EIGHT INCH MAIN AND HYDRANT WILL BE REQUIRED FOR THE SUBDIVISION ON THE PROPOSED LABRADOR LANE. BLANKET EASEMENT FOR WATER MAIN AND APPURTENANCES SHOULD BE GRANTED ALONG ALL WAYS. ALL EASEMENT DOCUMENTS MUST BE REGISTERED AT THE BARNSTABLE REGISTRY OF DEEDS WITH A COPY PROVIDED TO THE WATER DEPARTMENT PRIOR TO FINAL APPROVAL OF THE PROJECT. ALL PROPOSED WATER AND RELATED WORK WILL CONFORM AND COMPLY WITH BEST INDUSTRY STANDARDS, COMMONWEALTH OF MASSACHUSETTS STATUTE AND REGULATIONS AND BREWSTER WATER DEPARTMENT SPECIFICATIONS. ALL MATERIALS USED IN WATER WORKS CONSTRUCTION ARE SUBJECT TO SITE SPECIFIC REQUIREMENTS AS DETERMINED BY THE WATER SUPERINTENDENT. WATER SERVICE STUBS WILL BE REQUIRED FROM THE WATER MAIN TO PROPERTY LINES AT LOT CENTERS AND WILL BE SIZED ACCORDING TO LOT DEPTH. ALL LOTS WILL BE SERVICED FROM THE SUBDIVISION. ALL WATER CONSTRUCTION WORK MUST BE DONE BY A DEPARTMENT APPROVED INSTALLER. ALL WATER MAIN CONSTRUCTION INCLUDING SERVICE STUBS AND CERTIFICATIONS SHALL BE PERFORMED UNDER SUPERVISION OF A DEPARTMENT APPROVED INSPECTOR AT THE DEVELOPERS COST. ALL REQUIRED BREWSTER WATER DEPARTMENT FEES SHALL BE PAID PRIOR TO THE COMMENCEMENT OF WATER WORKS CONSTRUCTION. A $2,000.00 TAPPING FEE WILL APPLY TO THIS PROPOSAL. 4 AN ENGINEER CERTIFIED ASBUILT PLAN FOR THE WATER MAIN AND SERVICE STUB INSTALLATION MUST BE SUPPLIED TO THE DEPARTMENT INCORPORATING ALL INFORMATION FROM THE INSPECTOR'S FIELD NOTES AND MEASUREMENTS. THE ASBUILT PLAN SHALL BE DELIVERED IN AUTOCAD OR AUTOCAD TRANSLATABLE FILES ON FLOPPY DISC OR CD AND TWO PRINTED COPIES. DETAILED SPECIFICATIONS AND REGULATIONS ARE AVAILABLE FROM THE DEPARTMENT OFFICE AT 1671 MAIN STREET, BREWSTER, MA 02631, 508-896-5454. SHOULD YOU HAVE ADDITIONAL QUESTIONS CONCERNING THIS MATTER, PLEASE DO NOT HESITATE TO CONTACT ME. POLICE - I HAVE REVIEWED THE PLAN THAT YOU SENT ME AND VISUALLY INSPECTED THE SIGHT DISTANCE OF THE ABOVE PROPOSED SUBDIVISION.I RECOMMEND THAT THE ENTRANCE SIGHT LINE DEFINITELY BE CLEARED OF ANY ELEVATED VEGETATION TO INSURE THAT VEHICLES EXITING "LABRADOR LANE" HAVE A CLEAR AND UNOBSTRUCTED VIEW IN THE WESTERLY DIRECTION. THE APPLICANT WILL NEED TO OBTAIN A CURB-CUT PERMIT FROM THE COMMONWEALTH. FIRE—4/23/2003— 1) FULL SUBDIVISION ROAD, FULL CONSTRUCTION PAVED. 2) TOWN WATER WITH HYDRANT JUST BEFORE THE CUL-DE-SAC. 3) ENTRANCE CLEARED FOR ADEQUATE SIGHT LINE TO THE WEST. 4) ALL BUILDING TO COMPLY WITH FIRE REGULATIONS. 5) DRIVEWAYS TO MEET MINIMUM ACCESS STANDARDS. CONS. COM.—APPEAR TO BE WETLANDS LOCATED AT THE SOUTHERN END OF LOT 87. 13. Abutter Tim Wynn asked if a 25ft. buffer between Laurino's parking lot and lot 3, for screening purposes of the subdivision. The board and applicant agreed that a 25ft x 200ft be added as a no touch area to be left in its natural state for a buffer zone. 14. Henchy— add a plan note to say that lot 4 will not be used for a driveway to lot 3. Schalomitti— lot 4 will become part of the Laurino's lot. Henchy then a plan note should say that. The applicant agreed. 15. Motion by McMullen, Bugle second, "approve definitive subdivision plan as amended by discussion". All voted in favor. 16. LEGAL HEARING - SPECIAL PERMIT # SP2003-07- DIRT ROAD ACCESS BY-LAW — NICKERSON — single-family dwelling and Barn to be located off Clay Hole Road on assessors' Map 45 Lot 79. 17. The applicant requested a continuance to July 15, 2003. The applicant wished to address allegations that had been made after their filing of an application regarding Mrs. Nickerson's right of access to the property. The extension would give time to properly study and respond to the allegations. The Board voted to continue the meeting until July 15, 2003 at 7:OOPM. 5 18. LEGAL HEARING — SPECIAL PERMIT #SP2003-08 CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW — PUTTER-A-ROUND, INC. - Located at 81 Underpass Road, on Assessors' Map 27, Lot 15-1 —construct a Mini Golf Course. 19. Prior to the hearing the Planning Board requested written reports from the Department of Public Works, the Police and Fire Chiefs, Board of Health, Water Department, Zoning Agent/Inspector of Buildings and the Conservation Commission. These reports were read into the record at the hearing: BOH—5/21/2003—NO COMMENTS FROM THE BOARD OF HEALTH. DPW—PUBLIC WORKS HAS NOT CONCERNS IN THIS MATTER. BUILDING—A DPRC MEETING TO BE HELD. POLICE - I REVIEWED THE PROPOSED REBUILD OF THE MINI-GOLF ON UNDERPASS AND HAVE NO CONCERNS WITH THE TRAFFIC ISSUES. THE PREVIOUS BUSINESS OF A SAME NATURE DID NOT CAUSE ANY TRAFFIC RELATED ISSUES. THERE IS GOOD SIGHT DISTANCE IN BOTH DIRECTIONS. FIRE—5/13/2003— 1) IF BUILDING IS LIVED IN—SMOKE DETECTION REQUIRED. CONS. COM. — 05/22/2003 — APPLICATION BEFORE THE CONSERVATION COMMISSION ON 5/27/2003. 20. Evidence was taken from the applicant and its representative, Tim Brady, of East Cape Engineering. Discussions centered on the parking requirements for the proposed use and whether the existing parking area could be expanded to accommodate more parking spaces. In the end, the Board suggested a continuance to June 171h, 2003, in order to allow the applicant pursue its application before the Brewster Conservation Commission and get the Commission's input on a possible expanded parking area in the buffer zone to certain wetlands. The Board voted to continue the meeting until June 171h 2003 at 7:OOPM. 21. Meeting Adjourned at 10:00PM Sincerely Marjorie Pierce Planning Board Clerk 6