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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, July, 20, 2004 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, Linda Bugle, Bob Bugle, and Remy present.
2. LEGAL HEARING — SPECIAL PERMIT #SP2004-17 — CORRIDOR OVERLAY
PROTECTION DISTRICT BYLAW — Boxer Shorts Realty Trust/Geraldine Boccio Trustee/For
the Love of the Breed - Located at 4018 Main Street, on Assessors' Map 30, Lot 22 — Proposed
Two Story Addition, 2,300 SF with a 1 bedroom manager apartment. Present: John O'Reilly,Bennett
&O'Reilly.
3. Chairman Taylor opened the hearing at 7: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 to a speaker relating to the proposal. She read comments from other Boards and asked the
applicant to make his presentation.
4. Fire Dept.— 1) Smoke detection for apartment with system in I" floor. 2) Commercial plan review
requirement. 3) Agree that when sign repainted or stationery is ordered to correct house number (mistake
not their fault),willing to work with them.
B.O.H. - 7/20/04 septic needs to be inspected.
H.D.C.—No comments
DPW-Has no concerns in this matter.
POLICE- I have reviewed the proposed plan for the addition @ 4018 Main Street and find no problems
w/traffic concerns or access. The existing entrance/exit is more than adequate and provides good
visibility.
BUILDING DEPT. —Has this proposal been before Development Plan Review Committee? Appears to be
deficient on required parking—Sec 179-22/Table 4(other retail establishments).
There were no letters,pro or con,read at the hearing.
Page 1 of 9, Minutes of 7/20/2004
5. O'Reilly — The property is currently being used as a pet supply store. The existing building is about
1800sf and is entirely used for retail. The proposal is to construct a 2,300 sf addition so as to expand the
existing retail use of the property. On the second floor of the addition is a manager's apartment, as
allowed under the Zoning By-Law. Also proposed is a concrete slab for the relocated fenced area,
currently to the rear of the building. The patio is used mainly for simple training activities. These
training activities are generally one on one.
6. O'Reilly — The Historic District Committee has approved the project. Three of the bay doors will be
removed and the whole building will be wood shingled. The requirements of the parking and loading
for the property are being met. The site currently has more than enough parking spaces for the existing
use. The parking area is to be modified for to provide 4 additional spaces so as to comply with the
requirements of the off street parking regulations.
7. O'Reilly— other than the vegetative screening in front of the relocated fence by the concrete slab, there
are no other landscape changes proposed for the site. Due to the existing conditions on the property,
strict adherence to the section 179-67 is not possible.
8. The Board agreed with the improvements to the property, but required additional vegetative screening
be installed on the front island and in front of the proposed parking area on the west side of the property.
The Board does not want the additional parking paved, but to be gravel or pavers. The Board made the
following Findings for this Corridor Overlay Protection District (COPD) Special Permit:
9. FINDINGS
Chapter 179,ARTICLE X,Section 179-51,A(5a) of the Zoning Bylaw of the Town of Brewster states
that the Special Permit Granting Authority(the Planning Board) shall review and approve the following:
[1] The existing building and the proposed addition along with the current use are in keeping with
the Comprehensive Plan of the Town
[2] The existing building is to be modified so as to eliminate the garage doors and replace them with
wooden shingles, more in keeping with the neighborhood. The addition is also to be wood
framed and shingled. The plans, elevations and materials have already received approval from
the Brewster Historical District Committee.
[3] The site is suitable for the existing use and proposed addition.
[4] Adequate access is provided.
[5] Access is provided off of Route 6A.
[6] Trip reduction is achieved by providing an on-site residence for the manager.
[7] Adequate parking and loading facilities are provided in accordance with Chapter 179-22.
[8] The site will be suitably landscaped to protect the character of the neighborhood and adjacent
property. The proposed cement slab will be screened by a relocated stockade fence and the
addition of evergreen vegetative screening. 3 '/2 foot evergreens shrubs/trees will be added to the
front island and in front of the proposed gravel parking on the west side of the property.
[9] The proposed use has an adequate method of sewage disposal, source of water and drainage.
[10] Adequate utilities and other public services are already provided.
[11] The proposed use will not result in the degradation of groundwater quality or coastal water
quality off site.
Page 2 of 9, Minutes of 7/20/2004
[12] The location and design of the addition and new parking area will not cause avoidable damage to
wildlife habitats or corridors or to any plant species listed as Endangered, Threatened or Of
Special Concern by the Massachusetts Natural Heritage and Endangered Species Program.
[13] The proposed use complies with all applicable provisions of this Zoning Bylaw.
10. CORRIDOR OVERLAY PROTECTION DISTRICT (COPD) CRITERIA- CHAPTER179-67
The purpose of the COPD is to protect public health, safety and welfare through the preservation of the
Town's transportation corridors and protection of its historic and cultural assets for the residents and
visitors of the Town of Brewster. No COPD Special Permit shall be granted unless the SPGA(the
Planning Board) finds that the proposed uses are in harmony with the purpose and intent of this chapter
and will not be detrimental or injurious to the neighborhood in which it takes place, or to the public, and
that all requirements, standards and conditions for granting of such Special Permit have been satisfied.
No Special Permit will be granted unless the SPGA determines that the intent,purposes and standards of
this ARTICLE XII.
A. Transportation Standards
(1) Proposed use will not degrade existing levels of service of surrounding roads. There is no
change in use. Waiver requested.
(2) Sight distances meet AASHTO standards, as well as Brewster Sight Line Bylaw.
B Trip Reduction Standards
Trips will be reduced by the fact of the manager living on the premises.
C. Access Standards
(1) There are no new curb cuts proposed.
(2) There are no changes proposed for the existing driveway.
(3) There are no changes proposed for the existing driveway.
(4) There are no changes proposed for the existing driveway. The entrance and exit shall be
clearly marked.
(5) The existing driveway has safe sight distances.
(6) The proposed improvement in the definition and alignment of parking spaces will
improve internal circulation.
(7) There will be no changes to the existing curb cuts.
(8) All access drives are pre-existing.
D. Parking Design Standards
(1) The Planning Board recognizes the need for flexibility in the parking and loading
requirements for individual applications.
(2) Relaxation of the numerical parking standards will not reduce the benefits of the
proposal. Twenty-two (22) parking spaces are required. Waiver requested — to allow
twenty(20) spaces,plus one handicap space.
(3) A. Loading and unloading areas are pre-existing and will not change.
B. Loading areas are pre-existing and located at the front of the building. Waiver
Page 3 of 9, Minutes of 7/20/2004
reauested.
C. Parking areas are pre-existing and will not change. Waiver reauested.
D. Shared parking—not applicable to this application.
E. There is no shared parking.
F. Bicycle rack will not be provided—Waiver reauested.
G. Existing drainage facilities are adequate. There are no changes proposed. All
stormwater runoff will be contained on-site.
E. Landscaping, Design and Appearance Standards
(1) Additional vegetation, 3 '/2 foot tall evergreen shrubs/trees, will be installed to increase
screening of the vegetative buffer area along 6A.
(2) A new vegetated buffer will be provided to screen the proposed gravel parking on the
west side of the property.
(3) One shade tree will be provided for every five (5) parking spaces. There will be no
parking islands.
(4) A new paved training area, to the west of the building will be screened by a stockade
fence and vegetative screening. If the applicant installs a dumpster, it will also be
screened by a stockade fence. There will be no exposed storage areas or equipment.
(5) All landscaped areas shall be maintained. Shrubs and trees which die shall be replaced
within one (1) growing season.
(6) The changes to the exterior of the existing building, and the design and materials used for
the addition are compatible with the character and scale of the adjacent roadway and
surrounding neighborhood. The Historic District Committee has approved the plans.
(7) Siting of structures, not applicable to this application.
(8) The proposed new parking area to the west of the property shall be of permeable material.
(9) There will be no change in the existing vegetation. No trees will be removed.
(10) The design of the building addition has been approved by the Historic District
Committee.
11. In view of the foregoing, the Planning Board hereby decides that the aforesaid property is a proper site
for expansion under Chapter 179 of the Zoning Bylaw of the Town of Brewster. It is therefore decided
to Grant a Special Permit upon Compliance with Specific Conditions as stated below.
a. The subject property is located at 4018 Main Street,Assessor's Map 30, Lot 22. The property consists
of 27,654 sf. No wetlands have been identified within the area under consideration for construction.
b. The applicant proposes a two story addition of 2,300+/- sq. ft.
c. The applicant has approval from the Historic District Committee.
d. There will be no substantive site changes other than the building. The existing paved parking will be
defined.New parking will be of pervious material. Landscaping will be as outlined above.
e. The Special Permit is approved as discussed and there shall be no modification unless a hearing is held.
12. Motion by Bob Bugle,Henchy second"Closed to public input". All voted in favor.
Page 4 of 9, Minutes of 7/20/2004
13. After the Board heard all the evidence presented, the Brewster Planning Board voted on a Motion by
Henchy, McMullen second "Approve application as presented including the requested waivers." Roll
call vote, all voted in favor.
14. LEGAL HEARING — SPECIAL PERMIT #SP2004-18 — CORRIDOR OVERLAY
PROTECTION DISTRICT BYLAW — SBCC Land Trust - Located on Sarah Ann Lane off
Underpass Road, on Assessors' Map 26, Lots 11, 12, & 14 —proposed 3200sf office building with a
2 bedroom apartment. Present John O'Rielly.
15. O'Rielly — I am not prepared to go ahead with the project at this time, would like to continue and this
will allow me to get the Board the narrative of the project and also an ANR will need to be filed.
16. Motion by Henchy, Pierce second, "continue to September 71h, 2005 at 7:45PM". All voted in favor.
17. CONTINUED LEGAL HEARING — DEFINITIVE SUBDIVISION PLAN #MRS2004-12- Red
Top Development Inc. — off Satucket Road on Assessors' Map 36 Lot 37 — proposed 7 lot
subdivision. Present: John O'Reilly, Bennett & O'Reilly; Attorney Alec Watt; Robert Armstrong,
Owner/applicant; Jim Sturgis, Contractor and Doug Payson, Realtor. About 5 abutters were also
present.
18. Atty. Watt-the applicant is prepared to not request any releases from the board until a Conservation
Restriction has been approved by the state EOEA. The applicant has increased the depth of yard loam to
6-8"to increase absorption. There will be innovative septic systems on each lot.
19. On a motion by Henchy, Remy second "Hearing closed to public input". All voted in favor.
20. FINDINGS - On the basis of the evidence submitted to the Planning Board, including supporting plans,
drawings, and documents, the written reports of the Town Officials, the Planning Board of the
Town of Brewster finds as follows:
The proposal and plans conform to the requirements of ARTICLE IX, Chapter 179-35 of Brewster's Zoning
By-Law of the Town of Brewster and provisions of the Massachusetts Generals laws, Chapter 40A.
This grid subdivision plan is superior to a conventional cluster subdivision plan, in that more open space is
being protected and preserved, natural features of the topography are being better utilized and there is no
increase in density to the area.
22. The proposal and plans conform to the requirements of ARTICLE IX, Chapter 179-51, Special
Permits, of the Zoning By-Law of the Town of Brewster, 179-51(5A)findings as follows:
1. The proposed use is consistent with the purpose and intent of the Town of Brewster Comprehensive
Plan
2. The proposed use is residential and is in harmony and character with the existing neighborhood.
3. The site is suitable for the proposal use.
4. Adequate access has been provided.
5. The existing roads to and from the proposed subdivision are of adequate use.
Page 5 of 9, Minutes of 7/20/2004
6. Trip reduction measures are not applicable to this proposal.
7. Parking and loading regulations are not applicable to this proposal.
8. The removal of trees and vegetation has been limited through the use of Designated Building
Envelopes, Transitional Areas and Forever Wild Areas as shown on the Land Use and Overlay Plan.
9. Only Title 5 Innovative Enhanced Nitrogen Reduction Septic Systems will be allowed on the nine lots.
The subdivision is served by Town Water. Stormwater Runoff Drainage systems are shown on the
plans.
10. All utilities are provided and will be underground.
11. As designed,the proposed use will not result in the degradation of groundwater quality or coastal water
off site.
12. The location and design of the proposed building sites, roads and parking will not cause avoidable
damage to wildlife habitats or corridors or to any plant or animal species listed as Endangered,
Threatened or Of Special Concern of the Massachusetts Natural Heritage and Endangered Species
Program.
13. The proposed use complies with the Town of Brewster Zoning By-law.
23. The Proposal and Plans conform to the requirements of Article IX, Chapter 179-35.2. Major
Residential Development, of the Zoning Bylaw of the Town of Brewster,findings as follows:
1. Applicability: Applicant submitted two substantially different development plans, a grid and a cluster.
The Planning Board determined that the grid plan was more beneficial to the Town.
2. Applicant submitted the following:
a. Plans indicating topography,results of deep soil test pits and percolation tests. Test pits were located
to the satisfaction of the Board of Health, so as to indicate buildability of areas proposed for
development.
b. Applicant provided a Wildlife Habitat Study, prepared by Paul Shea, Independent Environmental
Consultants.
c. Applicant also provided proposed Landscape design and protocol prepared by Susan Hofer, S C
Hofer Design, Landscape Architect.
3. The basic number of dwelling units(9) equals the number of lots which could be reasonably expected to
be developed for single family use on this parcel under a conventional plan in full conformance with
zoning, subdivision regulations,health codes and other applicable requirements, as determined by the
Planning Board.
a. The plan as stipulated on the Land Use Overlay Plan of Land, preserves natural areas,
specifically the buffer areas to Canoe Pond and Upper Mill Pond and their associated wetland
resource areas. These areas are preserved in perpetuity as "Forever Wild". 50% of adjoining
"Transitional Areas" are also to be preserved in a natural,untouched vegetative state.
b. The plan will preserve the visual character of the area, by providing an increased vegetated
buffer along Satucket Road with naturally placed evergreen borders. The applicant proposes
having the homes nestled into the landscape with planted buffers to offer screening from the
road and from each other.
c. The road length is reasonable for the subdivision and all utilities are buried.
d. Development is to occur only within the building envelope as shown on each lot. Each envelope
will be surrounded by a Transitional Area, of which only 50% of the vegetation may be
disturbed in any manner. The building envelopes are well out of the wetland buffer zones. The
houses on the pond side of Carson's Way are required to have septic systems located to the front
of the dwellings,to better protect the watershed to these ponds.
Page 6 of 9, Minutes of 7/20/2004
e. To protect the appearance of Satucket Road and avoid development fronting directly on the
street,building envelopes have been moved away from the street.
f. The provision of year-round housing is not applicable to this development.
24. GRANTING OF THE SPECIAL PERMIT
Therefore,the Planning Board of the Town of Brewster,with a vote of the six members eligible to vote at a
properly posted meeting, grants approval of a Special Permit pursuant to Massachusetts General Laws,
Chapter 40A, Section 9 and 11 and the Zoning By-Law of the Town of Brewster, ARTICLE IX, Section
179-35.2, Major Residential Development. Said permit is issued to Red Top Development Inc. in
accordance with the plans, drawings and other documents submitted to the Brewster Planning Board. Grant
of this Special Permit is conditional to requirements of this Special Permit and in the covenants,which have
been or will be executed by and between the applicants and the Planning Board and are set forth:
AGREEMENT OF COVENANT AND CONDITIONS OF APPROVAL
(1) There shall be no more than Nine(9)dwelling units.
(2) Plan entitled "LAND USE OVERLAY PLAN OF LAND in BREWSTER, MASSACHUSETTS,
CARSON'S WAY as Surveyed and Prepared for RED TOP DEVELOPMENT, INC., dated
, Bennett and O'Reilly, Inc."( sheet 2 of 2) shall be recorded in the Barnstable
County Registry of Deeds in Plan Book , Page(s)_ , depicting nine (9) lots, Lots 2-8,
inclusive, as also shown on a plan entitled "Definitive Plan of Land in Brewster, Massachusetts,
Carson's Way, as Surveyed and Prepared for Red Top Development, Inc., Scale 1" = 40', dated
March 26, 2004, Bennett and O'Reilly, Inc."; said plan recorded at the Barnstable County
Registry of Deeds in Plan Book , Page , and; Lots 1 and 9 as also shown on a plan
entitled "Plan of Land in Brewster, Massachusetts as Surveyed and Prepared for Red Top
Development, Inc., Scale 1" = 40', dated March 26, 2004, (sheet 1 of 2) Bennett and O'Reilly,
Inc."; said plan recorded at the Barnstable County Registry of Deeds in Plan Book 589, Page 68,
shall become and remain a part of this Special Permit Decision.
(3) Roads providing access to this subdivision shall comply with current Planning Board construction
standards as contained in Chapter 290—Planning Board Rules and Regulations for Subdivisions.
(4) No lot shall be released from covenant until a Conservation Restriction has been approved by the
state EOEA.
(5) No construction on building lots shall begin prior to the issuance of all-necessary permits and
approvals from the Board of Health, Department of Public Works, Water Department, Fire and
Police Departments, Inspector of Buildings, Conservation Commission, Development Plan Review
Committee and any other appropriate departments of boards.
(6) All work will be outside of the Conservation Commission resource area and other areas of
jurisdiction, With Conservation Commission approval, a three (3) foot wide pedestrian access
pathway will be allowed within a ten (10) foot wide easement straddling the common line of lots
1 and 2. This walkway shall meander to accommodate the variations in landform and vegetation.
It shall be a natural/walkable swale of three (3) foot wide (18% to 20% natural grade) to Canoe
Pond. The path must traverse natural grade. No re-grading will be permitted. An undefined, 3ft.
meandering foot path to Upper Mill Pond will be allowed for Lot 5 owners with Conservation
approval. The path must traverse natural grade, no re-grading will be permitted.
(7) No docks, moorings, or beach areas shall be allowed along the property's frontage on Canoe or
Upper Mill Ponds. If approved by the Conservation Commission, a boat rack may be installed at
the bottom of the footpath to Canoe Pond.
Page 7 of 9, Minutes of 7/20/2004
(8) The construction of and pruning necessary for the pond access walkway shall comply in the strictest
sense to all Conservation Commission requirements.
(9) Drainage has been determined by the rational method for a ten-year design storm and appropriate
computations and runoff schedules shall be attached.
(10) The on-site sewage systems within this subdivision, lost 2-8 and lots 1 and 9, shall consist of Title 5
Approved Enhanced Alternative Treatment System Components, to allow for enhanced nutrient
removal pursuant to 310 CMR 15.00. Lots 2, 3, 4 and 5 are to have their septic systems in front of
home, close to Carson's Way.
(11) All building lots shall gain their access from Carson's Way, the new subdivision road, as shown on
said plan, including lots 1 & 9 as shown and previously approved through an Approval Not
Required process. Lots 1 and 2, 3 and 4, 5 and 6, as well as 7 and 9 shall use common driveways.
(12) The water distribution system shall be constructed in accordance with Water Department
requirements.
(13) Installation of utilities shall be completed in accordance with the Planning Board Rules and
Regulations for subdivisions.
(14) A Declaration of Protective Covenants, recorded in the Barnstable County Registry of Deeds —
Book , Page(s) , shall become and remain a part of this Special Permit Decision.
(15) An Agreement and Covenant recorded in the Barnstable County Registry of Deeds—Book ,
Page(s) , shall become and remain a part of this Special Permit Decision.
(16) A Conservation Restriction recorded in the Barnstable County Registry of Deeds — Book ,
Page(s) , shall become and remain a part of this Special Permit Decision
(17) All property owners shall use no phosphorous fertilizers and detergents and shall regularly pump
septic systems. Educational materials will be given to property owners at the time of conveyance.
The State of Massachusetts Department of Environmental Protection recommends pumping the
septic system every two years.
(18) Section 179-35 of the Town of Brewster By-laws apply to this plan and the lots shown hereon. No
additional building lots may be created through future land division within the development.
(19) The Land Use Overlay Plan delineates Building Envelopes, Transitional Areas and Forever Wild
Areas on each lot. No trees or vegetation on any of the lots shown on the plan(s)shall be trimmed or
cut except as provided for on the Land Use Overlay Plan.
(20) Transitional Area—Areas within each building lot that shall remain substantially in a natural state.
No more than 50% of the existing vegetation in the Transitional Areas, as shown on this plan, shall
be removed through limited, selective brushing and trimming. The Transitional Area may be used
for sub-surface sewage disposal systems, solar/sun cells and access, and accessory structures such as
swimming pools, courts, sheds, detached garages, driveways, walkways, gardens, and the like. Any
portion of the Transitional Areas which contains a sub-surface sewage disposal system shall be re-
seeded with a low to no maintenance Conservation Seed mix, consisting mostly of Tall Fescues, to
return them to a natural state.
(21) Prior to the owner of any lot, as shown on the plan, obtaining a building permit to construct a home
on such lot or prior to disturbing the Transitional Area as shown on the Land Use Overlay Plan,
such owner shall be required to demonstrate to the Brewster Building Department that such
proposed construction or disturbance is not located within the area labeled"Forever Wild" as shown
on the Land Use Overlay Plan.
(22) All 9 dwelling units shall be Energy Star Certified Homes.
(23) No house shall be erected, moved onto, placed, maintained, or allowed to stand on any lot except
within that area labeled "Building Envelope" on the Land Use Overlay Plan, or as the `Building
Envelope"may be relocated due to specific lot conditions with the approval of the Planning Board,
which approval shall not constitute a modification of the plan, provided, however, no "Building
Envelope"may be relocated within an area labeled"Forever Wild.".
Page 8 of 9, Minutes of 7/20/2004
(24) Silt fence barriers will be installed along lawn area perimeters as shown on the landscape plan
during house construction to eliminate potential erosion. Construction of each house will not
proceed on site until an inspection of the silt fence has been conducted by a representative of the
Town of Brewster.
(25) In an effort to minimize and possibly eliminate phosphorus impact from any lawn areas, 1) Loam
thickness shall be 6-8 inches. 2) Property owners shall use non-phosphorus fertilizers and
detergents, 3) Lawn areas shall be minimized to protect groundwater and pond watersheds.
(26) The developer shall provide each new homeowner with a packet of information outlining the
potential phosphorus impact to freshwater wetlands and suggestions to avoid impact, (i.e.
phosphorus-free detergents and soaps), materials on organic fertilizers, the proper application rates,
etc. The developer shall also provide each new homeowner with a copy of"More Than Just A Yard
- Ecological Landscaping Tools for Massachusetts Homeowners", published by the Massachusetts
EOEA.
(27) Developer shall establish covenants to designate wildlife/habitat sensitive outdoor lighting.
(28) Only permeable pavers and/or crushed stone/shell shall be used for driveways. This will
substantially reduce storm water run-off,non-point pollution, and heat build up.
(29) Developer/builder shall provide fencing for existing trees that are to remain, as protection during the
construction phase.
(30) Any home installing a swimming pool, shall also install a drywell for pool water.
(31) The Forever Wild areas shall be delineated by cement bounds installed at every change of direction
and at every lot line.
(32) Each new owner of a home in the subdivision shall sign a letter of understanding, indicating that
they understood the restrictions within the subdivision.
(33) No vista pruning has been approved by the Planning Board. Approval of the Conservation
Commission is required for vista pruning within wetland resource areas.
25. On a motion by Henchy, McMullen second " Approve the Major Residential Subdivision for Red Top
Development, Inc. with the condition that no lots will be released until the Conservation Restriction has
been approved and signed by the Executive Office of Environmental Affairs and recorded at the
Barnstable County Registry of Deeds. Roll call vote, all voted in favor.
26. Meeting adjourned 10:30PM.
Sincerely
Marjorie Pierce
Planning Board Clerk
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Page 9 of 9, Minutes of 7/20/2004