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HomeMy Public PortalAboutPlanning Board -- 2003-08-19 Minutes I IP i�i/i ReWS �i�, 00 oro* Brewster Planning Board O BREWSTER BICENTENNIAL p `� —9 = 2198 Main Street r =- . �` Brewster, Massachusetts 02631-1898 N (508) 896-3701 41p FAX (508) 896-8089 TOWN OF BREWSTER MINUTES OF PLANNING BOARD Tuesday, August 19`h, 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, Pierce, McMullen,Bob Bugle, Linda Bugle and Remy present. 2. CONTINUATION OF A 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 3. Present: Tim Brady from East Cape Engineering and the applicants Mr. & Mrs. Prete. Mr. Brady gave the Board a revised plan last dated 7f812003. 4. Brady — Recapping, we were here sometime ago. Since that time, we have gone to the DPRC and have gotten approval and to the Conservation Commission and at this point have continued the hearing with them in order to come back and speak with the Planning Board regarding parking. In general, the chief concern at the last meeting was parking space area. We have enlarged the parking area by 40 feet and shrank the golf area to eighteen holes to meet this. We now have parking plan with 20 spaces including the handicap space. The Conservation Commission's concerns are in the buffer zone. The amount of pervious material existing is 7,000 square feet of concrete. With the new project, there will be 4,500 square feet divided into separate putting areas. In between each hole, vegetation will be planted, as shown on the planting plan. 5. Brady — Activity is being kept in areas that have been disturbed. All the area that has not, will not be touched. Except for a small area of the parking lot expansion, parking is to be a pervious stone drive. This is to be a seasonally used establishment, with about four months of use. We have filed an application with Board of Appeals in order to actually waive the paving. It is a little confusing in the Bylaw. The Parking and Loading section of the Zoning Code asks for paving if there are more than 10 spaces. Whereas the Corridor Overlay Protection District asks that paving be minimized wherever possible. The Conservation Commission is in favor of a pervious parking area. The Planning Board is also in favor of a pervious area. So this is what we had initially come up with after talking with the DPRC and with this Board relative to parking, to increase the parking lot as much as possible. 6. Brady - In dealing with the Conservation Commission at their last meeting, they indicated to us that we are going to be able to work out something with them in order to get this project approved. We are doing the plantings that were proposed, we are removing the existing pervious surfaces, we are even looking at planting additional wetland plants in the presently undisturbed areas and if those do not grow, we can supplement those areas. If there are holes in the present undisturbed areas, then we will go ahead and include the plantings is those areas. Those are the things we are talking about with the Conservation Commission. 7. Brady - But what they asked is whether the Planning Board would consider a reduction in the number of parking spaces to reduce the amount of parking that is in the 100-foot buffer zone. We have made the parking area as large as we can, as this is what the Planning Board requested. That puts us with a portion of the parking in the 100-foot buffer zone. That was not there before. This is new parking lot in the 100- foot buffer zone. The existing parking lot stops down here, before the 100-foot buffer zone line. We are going to expand it up here. So, the Conservation Commission is trying to obviously reduce the activity in the buffer zone as much as possible. They would rather see a couple less parking spaces and a little bit more planting in that area. So what I have done, I have marked in red a scheme that would reduce the number of parking spaces by two and would reduce the number of parking spaces in the buffer zone by three. 8. Brady - This is the little triangular area that we are talking about. If we take out these three spaces, we can gain a space here and just lose two parking spaces. So, this is the little triangular area of buffer zone that the Conservation Commission is talking about if we take out these three parking spaces and this turning area. I gain one parking space here, that is a total loss of two parking spaces. That reduces the area in the buffer zone by about 600 SF. 9. Brady - That was sort of the thing that the Conservation Commission wanted the Planning Board to take a look at. In the original plan, the one you have, there are 20 parking spaces. In this revision, it would be 18 parking spaces. The other mini-golf courses that we have looked at tend to have around 20, 22 or 24 parking spaces. There isn't really a way in Brewster's code to determine how many spaces there should be. Just by going to the code. So it's sort of up for grabs. At one time, we thought that there was a rule of thumb, one space per employee, and there is an apartment in this building. So 20 at one point seems to be kind of a minimal number that made sense. Whether the Board would consider 18 or not I think is the question. 10. Brady—Other than that I think that we have covered most all of the things that you were most concerned about the last time. We have talked with neighbors about shared parking and there is nothing that will work out at this point in time for that. From a practical point of view, should this parking area ever fill up that people will just park next door in the video store parking lot and next door to that at the welding shop. From a practical point of view, if this was ever filled, I think that's where the people would go. But we are not going to get any kind of agreement from those owners that would say that that is OK. 11. McMullen— I think that is a lot of parking. I just can't imagine that that would get that stacked up, with a group waiting for each hole. I certainly can see reducing parking. I think the plan is good. You know, right now that property is an eyesore. 12. Brady- There is one thing I would draw on. On the initial plan that we put in, there were eleven parking spaces. On the revised plan that I am showing you, there are eighteen. And on the very first plan I showed you, there were twenty. 13. Henchy—The property as it stands right now is an eyesore. Nevertheless it is there. It has been used as a miniature golf before. This not going to be a change of use and frankly if you could put that thing back in order, have it cleaned up and looking nice, it would improve the Town. From the standpoint of the buffer zone and parking, it is my feeling that these places seem to be popular. I have driven by the one in Orleans in a couple of times in the evening and people are lined up waiting to play. My son and daughter-in-law, who are here from Europe, are aficionados of these miniature golf courses and they like to go out and try them. I have been checking with them to see what their findings are. They were down in Dennisport a couple of nights ago and there were sixty people lined up, so I think that we are going the wrong direction if we eliminate parking spaces. 14. Henchy - The complaints that we seem to have from people who have written letters are their concerns about the crowd coming across the street and parking in those shops across the street and in the lots across the street. And, Brewster Video does have a lot of parking spaces that slop over and Ray Parks Welding parking space is never used in the evening, it is wide open. I really believe that we should leave the parking as is shown on this revised plan with all twenty parking spaces. The parking surface is pervious, that means that the water is going all the way through. On a good heavy rainstorm, I don't think you are going to find people out there playing miniature golf or parking there. I don't think we are doing any serious harm to the water table or to the environment with that. The place exists there, there are property rights there. I am supportive of the plan and I would like to see it go with the parking spaces the way it is. 15. Bob Bugle—no comment, Linda Bugle no comment. 16. Taylor to Henchy—did you read the letter from Conservation? Henchy—No. Taylor reads letter. 17. Henchy — Well, but the thing was there before the Conservation Commission was there, you know... and if the operation of the thing had not been interrupted it would be going forward right now. I think the Conservation Commission is over-reaching. I think it is more important to get the cars off Underpass Road and to park on the property rather than on the neighbors property and I frankly feel the Conservation Commission is over-reaching here and I think there is some very effective grandfathering going on here and again I would support the project as it is shown on this print. 18. Brady—Yes, I would just like to let you know how things went at the Conservation Commission. I did let them know that parking was the chief concern of the Planning Board and that was why we had come up with the design that we had, The parking, even though it is in the buffer zone, is pervious parking and is sloped away from the wetland area. So runoff from that pervious parking area is going away towards the street, rather than towards the wetland area. The impression that I got from the Conservation Commission, and I could be wrong, cause things could change, was that we were going to be able to work out something with them one way or the other. Whether it be with 20 parking spaces proposed or with a few less parking spaces. So I don't see that as being a big factor one way or another, as far as the Conservation Commission. 19. Brady—I think, personally, having looked at the property I would rather keep the 20 spaces and give them whatever plantings we can elsewhere on the property. But also there is a scheme for eighteen, so I don't know how else we might address that at this point. 19. Taylor- Well, I was at the meeting with Conservation, and I think that they asked for this additional area to do mitigation planting, so I have no idea what this will do to their approval or non-approval, if we leave the parking as it is. So I don't know if you want to wait to see what they are going to do, but I have some other questions. What are you doing to preclude light spill into the wetland areas? 20. Brady—We are preparing a plan. We talked with them about that. I have a lighting consultant from...the Reflex Lighting Group who is working on that. 21. Taylor—Do you have a light spill plan? She is going to do throw patterns, etc. ? 22. Brady—She pointed out that "Light Trespass" is the term. We have a table here that talks about the amount of light for different activities, such as parking areas, mini-golf courses, ticket booths, etc. There will be some post-mounted lighting, and there will be some bollard mounted pathway lighting. With an emphasis on keeping it out of the wetland areas, keeping it all on his property, having safe lighting in the parking lot. So, we are working on that. I talked with her today. 23. Taylor—so that is information that we still need to get. And where are we on screening. Is there a height on what you are putting in here at all? 24. Brady—I actually took the words right out of the bylaw where it says "provide landscape buffer strips, medium height evergreen shrubs" in that area in between the parking lot and the street and in the area between the parking lot and the building next door where there is no vegetation now. All of the rest of the property, there is a line shown that is called the "existing developed area". 25. Taylor—Is that the area where you will be adding vegetation? 26. Brady—That is already vegetated. That is where we are going to add some if it is determined that it is appropriate to add any more. It's pretty heavily vegetated all around the outside of the property, other than from the existing building out to the street and we have shown buffer zone planting to go in there as required by the by-law. 27. Brady—Hours of operation we are anticipating something like 11:00 in the morning to 10:00 at night. Seven days a week, seasonal, somewhere around the order of four months. 28. Brady—We don't anticipate a dumpster, because inside there will be plenty of room for that. If there needs to be individual trash receptacles throughout the golf course, there will be a couple. Typically that is not a problem. There is no food going to be served here other than vending machines. Packaged foods. There is nothing prepared or served here. 29. McMullen and Henchy agree that as the property sits now it is a great improvement over what it is, I cannot believe that it will fill with cars in a consistent basis. this is an attractive addition to arnviaunce of the Town. It worth while doing harmless type of entertainment and I really think we should support this. 30. Taylor to Pierce—I know you can't vote on this but do you have comments? Pierce—I agree with McMullen and Henchy , it's a great addition to the Town and improve the looks of that location. 31. Brady—no structures the existing building will have a water wheel added to it. No other structures give it the Old Mill look. No High structures, there will be some bridges and walkways with water fountains that spray up to 4ft or 5ft high, nothing fancy, no thunderfalls, no clowns heads, windmills or skulls. Very low key may have large rocks added. 32. Brady - one procedural question the Zoning bylaw says that that 4 votes are needed for a special permit. 33. Henchy—on a 7 member Board 5 votes are needed, as per our Town Counsel regarding the state statute. 34. Henchy Motion approve this plan,with 18 or 20 parking lots, subject to the final determination of the Conservation Commission on the final number of parking lots and applicant must also submit a lighting plan for approval. McMullen Second Roll call McMullen—Aye Henchy—Aye Bob Bugle—NO Linda Bugle—NO Taylor—Aye 35. At this point Brady rises and asks that the findings tell why it was denied. Henchy—for the record, Bob bugle to explain why he denied this? 36. Bob Bugle—Still believe it's a new use of the property which is what I had stated in the beginning and have not changed my opinion. 37. McMullen—I think that before a vote all the members should express why they are going to do one thing or another. 38. Linda Bugle- I also think it's a new use, and I'm not in agreement that 20 parking spots is enough and where will we get them on the property once its built. 39. Taylor—I had a long talk with David Thyng today about the use. I questioned that it had not been a use there for some years, he said that it is still the same use. 40. Legal Hearing to discuss the following proposed Zoning By-law changes for the Annual Town Meeting scheduled for November 17,2003. AMENDMENT TO ZONING BYLAW ARTICLE 6: To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also known as the Zoning Bylaws, by deletiniz the following section 179-35.1, from the Code of the Town of Brewster: 179-35.1. Flexible development. At the owner's option, any parcel may be divided into not more than six (6) lots, whether a subdivision or not, and built upon under the following alternative area and frontage requirements. A. Number of lots. (1) The total number of building lots created from any parcel shall be no larger than the number which reasonably could be expected to be built upon in consideration of how much of the land is actually buildable, and in compliance with Table 2 of - 179-16 and all other applicable zoning, subdivision and health requirements. (2) That number shall be determined at the applicant's option either by a registered land surveyor's certification of the number obtained by dividing eighty percent (80%) of lot area (see definition) by the lot area required for a single-family dwelling at - 179-6; or by the Planning Board, based upon review of a sketch conventional plan submitted by the applicant showing division in compliance with - 179-16. B. Frontage. The average frontage for all building lots created shall be no smaller than the minimum required under Table 2 of - 179-16, but individual lots may have frontage of as little as two- thirds (2/3) that requirement. C. Lot area. The area of individual lots may be as little as one half (1/2) that required under Table 2 of - 179-16. D. Open space. At least twenty percent (20%) of the lot area of the premises being divided shall be in continuous parcels restricted from building through limitations established on the plan. E. Endorsement. The plan creating the lots shall be endorsed by the Planning Board as approved for flexible development. F. Limitation. No further increase in the number of lots shall be allowed through subsequent land division or to take any other action relative thereto. 41. Mr. Soule presented the board with a letter asking that the Board not approve this change and the reasons for it. The Board voted all in favor of withdrawing this amendment for November Town Meeting. 42. LEGAL HEARING — DEFINITIVE SUBDIVISION PLAN #DEF2003-18- Doeg, Robert - Located off Buggy Whip Road on Assessors' Map 21, Lot 82-1. - Proposed 6 lot subdivision. 43. At the request of the applicant the opening of the hearing for DEF2003-18 was continued to September 2, 2003 at 7:15 PM. All voted in favor. 44. CONSIDERATION OF A REQUEST FOR MODIFICATION OF AN APPROVAL GRANTED UNDER SPECIAL PERMIT PROCEDURE, TO ALLOW THE PLANNING BOARD TO AUTHORIZE THE USE OF THE EDDY ELEMENTARY SCHOOL FOR SAFETY REASONS WITHOUT A PUBLIC HEARING. TO USE THE EDDY ELEMENTARY SCHOOL, FOR ACTIVITIES RELATED TO TOWN SPONSORED FUNCTIONS THAT COULD BE NORMALLY HELD AT STONY BROOK ELEMENTARY SCHOOL,AND CANNOT DURING THE TIME OF REPAIR WORK AT THE STONY BROOK ELEMENTARY SCHOOL,FOR PROPERTY OWNED BY THE TOWN OF BREWSTER AND REQUESTED BY THE TOWN OF BREWSTER,LOCATED AT 2298 MAIN STREET IN BREWSTER ON ASSESSORS MAP 16,LOT 80. 45. Chairman Taylor read the legal advertisement and announced that the applicant and any aggrieved party had a right to appeal. 46. Prior to the hearing the Board had requested written comments concerning the application from the Board of Health, the Department of Public Works, Water Department, the Police and Fire Departments, the Conservation Commission and the Building Commissioner and the comments were on file at the time of the hearing.There were no letters,pro or con, read at the hearing. Abutters were present. 47. Sitting on the Planning Board and present at the hearing were members Taylor, Pierce, Henchy, Remy and McMullen. Linda and Bob Bugle withdrew from the hearing because they are direct abutters of the Eddy School. Chairman Taylor opened the hearing at 8:OOPM by reading the legal advertisement and making the applicant and parties in interest aware of their rights to appeal as required under Chapter 40A, Section 17. She stated that during the hearing any member of the Board or interested party may direct questions through the Chairman. 48. The Town of Brewster is asking that the Planning Board allow the alternative use of the Eddy School for Town of Brewster sponsored functions when the Stony Brook School is not available because of safety reasons. Currently the Board needs to hold a public hearing to request use of the school, this is time consuming and costly. 49. The Board members agreed that this is a good idea. They stipulated that all requests be in writing and include an endorsement from the Building Department and one of the following; Town Administrator, Police Department or Fire Department. Upon review of the requests, the Board may suggest safety measures to deal with potential traffic issues, such as having patrolmen detailed to direct traffic or any other safety measures that the Board may deem necessary. 50. The Board assured all present that this Modification of the Special Permit will only occur when the Stony Brook School cannot be used because of safety concerns and only for Town sponsored functions. Other requests will need to go through the public hearing process at their expense. 51. Diane Cooney, Board of Selectmen requested the use of the Eddy School for the Town of Brewster sponsored Bicentennial picnic in case of rain. The picnic is scheduled to be held at the Drummer Boy Museum Park. The Bicentennial Committee had requested the use of the Stony Brook School and permission had been granted, overlooking the fact that the school would be under repair and it would not be possible to hold it there. 52. The Board granted permission to allow the Town of Brewster sponsored Bicentennial picnic to be held at the Eddy School in case of rain. 53. The Following are comments from other departments: B.O.H.- 08/6/2003 OKAY. BUILDING - YOUR MEMO DATED AUGUST 1, 2003 REQUESTED INPUT FROM THIS OFFICE REGARDING THE ABOVE. IT IS MY OPINION THAT THIS PROVISION SHOULD HAVE BEEN LISTED IN THE ORIGINAL PERMIT. IT MAKES ONLY SENSE THAT THE EDDY SCHOOL BE USED FOR TOWN SPONSORED FUNCTIONS IT THE STONY BROOK SCHOOL PRESENTS AN UNSAFE LOCATION. I THEREFORE AM IN FAVOR OF THE MODIFICATION. I ADDITIONALLY FEEL THE BUGLES SHOULD ABSTAIN FROM VOTING ON THIS MATTER AS MEMBERS OF THE BREWSTER PLANNING BOARD. I DO HOWEVER, FEEL THAT THEY ARE ENTITLED TO GIVE PUBLIC TESTIMONY. 211 WATER - NO COMMENTS FROM THE WATER DEPARTMENT OTHERTHAN SUPPORT THE REQUEST. FIRE - OK BY ME! THE WHOLE RULE IS CRAZY AND UNNECESSARY IT WAS A CHEAP SHOT DO AWAY WITH THE RULE PERIOD. 54. After the Board heard all the evidence presented, the Brewster Planning Board voted that the Decision granted on May 23`d, 1995 is hereby modified to allow the Planning Board to consider use of the Eddy School as an alternative site for Town of Brewster sponsored functions when the Stony Brook School is not available due to safety reasons. All requests must be in writing with an endorsement from the Building Department and one of the following; Town Administrator, Police Department or Fire Department. Upon review of the requests the Board may suggest safety measures to deal with potential traffic issues, such as having patrolmen detailed to direct traffic or any other safety measures that the Board may deem necessary. Below is the vote of the individual members of the Planning Board on the Application for a Modification of the Special Permit #6501 with a date of May 23`d, 1995: Present and voting: Elizabeth G. Taylor Aye William C. Henchy Aye Marjorie Pierce Aye John McMullen Aye Jane Remy Aye 55. CONTINUED DISCUSSION OF A PRELIMINARY SUBDIVISION PLAN # PRE2003-10 — MATTHEWS—Located off Ruddy Duck Road on Assessors' Map 45,Lots 41 & 58-1 (sub. lot#5). 56. The applicant requested a continuance, the Board voted all in favor, to continue hearing until October 21, 2003 at 7:OOPM. 57. Meeting Adjourned Sincerely Marjorie Pierce