HomeMy Public PortalAboutPlanning Board -- 2004-08-03 Minutes EIli is
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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, August, 3, 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. Attorney Myer Singer—informal discussion regarding Fishman and property located off Brady
Cartway. Present: Atty Singer and Mr. Fishman.
3. Singer—Mr. Fishman & Ms. Pettengill own a lot on Assessors Map 34 Lot 35, that was not created by a
recorded plan. They would like to seek an Approval Not Required endorsement for the property so that
they may build a home. The property is located of Brady Cartway which is an undefined dirt way. The
way is adequate for this proposal and if so deemed by the Planning Board then there will be no need for
them to seek a variance from the Zoning Board of Appeals.
4. The Board agreed to continue this discussion to August 17, 2005 at 7:OOPM to allow the Board to
inspect Brady Cartway. It was noted that the Subdivision Rules and Regulations do state that"A
"Cartway"does not have status as an approved or accepted way or street" and that the planning board
has the authority to accept a Way or Street.
5. LEGAL HEARING — SPECIAL PERMIT #SP2004-19 — CORRIDOR OVERLAY
PROTECTION DISTRICT BYLAW — AliHamm - Located at 1217 Main Street, on Assessors'
Map 23, Lot 8 — Proposed change of previously used retail space to become an Acupuncture
Practice with a mix of day and evening hours. Present Mr. & Mrs. Ali Hamm and abutters were
also present.
6. Chairman Taylor opened the hearing at 7:15PM 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 asked the applicant to make his presentation.
7. Ali Hamm — We are requesting a Special Permit to conduct an acupuncture practice out of a portion of
our house that is located in the RM district. The pre-existing 380 SF. addition 7that extends from the
residence has a long history of use as retail space, including a yarn shop and basket shop. The extension
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has its own entrances, separate from that of the house. The extension has its own driveway off Route 6A
and its own parking area.
8. Ali Hamm — We are both licensed Acupuncturists and would like to practice out of the existing house
extension. Brewster does not currently have an acupuncture practice. The practice of acupuncture, while
classified as a medical practice, requires very little in the way of resources, equipment and electricity.
All we need is lighting, seating, a massage table, and a small work stand that would house basic supplies
such as needles and cotton.
9. Ali Hamm — Patients generally come for a one-hour treatment, and are usually seen on an appointment
basis. We intend to start with one treatment room and one bathroom. This means 1 patient per hour.
Future plans include the possibility of dividing up the space into a maximum of three treatment rooms
where up to three clients could be seen at one time, with staggered appointments.
10. 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. The following comments were on file and read
by the Chairman:
B.O.H. - 7/22/04 septic needs to be inspected for change of use.
H.D.C.—No Concerns
DPW- Has no concerns in this matter.
POLICE- I have no traffic issues or concerns with this proposal.
BUILDING DEPT.—refer to letters from Building Commissioner Thyng dated 12-24-03 and 7-8-04.
There were abutter letters of support read at the hearing.
11. The Board reviewed the plan submitted by the applicant, which showed 8 parking spaces. The applicant
presented another plan that showed re-design of the parking area. The applicant wanted to reconfigure
the lot to park 4 cars on the West Side of the entrance. At a suggestion from Remy, a parking area was
left on the West Side of the building next to the proposed office.
12. The hours of operation will be 10:00AM to 7:OOPM with reduced hours in the winter. The applicant will
not have any employees,just himself and his wife.
13. The Board agreed with the improvements to the property. Additional vegetative screening was required
to be installed in the front along Route 6A, as well as to the east of the proposed parking area.
14. The Board made the following Findings for this Corridor Overlay Protection District (COPD) Special
Permit Chapter 179, ARTICLE X, Section 179-51, A (5a) Zoning Bylaw of the Town of Brewster
Chapter 179-51 states that the Special Permit Granting Authority (the Planning Board) shall review and
approve the following:
[1] The existing building and the proposed use iso&*d Mdn Mping with the Comprehensive
Plan of the Town
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[2] The house is located within the Brewster Historical District.
[3] The site is suitable for the proposed use.
[4] Adequate access is provided.
[5] Access is provided off of Route 6A.
[6] The applicant will be living in the primary home and will not need to travel to work, thus
achieving a certain level of trip reduction.
[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. Additional vegetative screening will be added to the front and to the east of the parking
area,but will not obstruct sight line views.
[9] The proposed use has an adequate method of sewage disposal, source of water and stormwater
drainage.
[10] Adequate utilities and other public services are already provided.
[11] The proposed use will not result in degradation of groundwater quality or coastal water quality
off site.
[12] The location and design 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 by the
Massachusetts Natural Heritage and Endangered Species Program
[13] The proposed use complies with all applicable provisions of this Zoning Bylaw, except for the
COPD requirement of parking in the rear. Front parking is pre-existing.
CORRIDOR OVERLAY PROTECTION DISTRICT (COPD) CRITERIA purposes and standards
of ARTICLE XII, Chapter 179-67.
A. Transportation Standards
(1) Proposed use will not degrade existing levels of service of surrounding roads. This is an
allowed use in this District. Appointment times will be on a
staggered basis so that only 1-2 cars will be entering the premises at any given time.
(2) Sight distances meet AASHTO standards, as well as the Brewster Sight Line Bylaw.
B Trip Reduction Standards
Trips will be reduced by the fact of the applicants 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 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.
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D. Parking Design Standards
The Planning Board recognizes the need for flexibility in the parking and loading requirements for
Individual applications. Parking area is pre-existing and will not change.
(1) The Planning Board recognizes the need for flexibility in the parking and loading
requirements for individual applications.
(2) The number of parking spaces is adequate for the proposed business.
(3) A. Parking areas are pre-existing and will not change.
B. No loading areas are needed for the proposed business.
C. Parking areas are pre-existing and will not change.
D. Shared parking—not applicable to this application.
E. There is no shared parking.
F. Bicycle rack will not be provided
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 '/z foot tall evergreen shrubs/trees, will be installed to increase
screening of the vegetative buffer area along 6A.
(2) A new vegetated buffer, 3 '/2 foot tall evergreen shrubs/trees, will be provided on the
eastside of the parking area, as screening. The applicant will also be planting espalied
fruit trees in front of this line of shrubs/trees.
(3) There will be no parking islands.
(4) 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) No changes have been proposed for the exterior of the existing building.
(7) Siting of structures is not applicable to this application.
(8) Any changes to the parking area will retain the permeable material base.
(9) There will be no removal of existing vegetation. No trees will be removed.
(10) The applicant did not have to appear before the Historic District Committee.
15. Motion by Bob Bugle, Henchy second "Closed to public input". All voted in favor.
16. 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 1217 Main Street,Assessor's Map 23, Lot 8. The property consists of
25,500sf. No wetlands have been identified within the area.
b. The applicant proposes an Acupuncture Practice.
c. The applicant is within the Historic District.
d. There will be no substantive site changes. The parking will be redefined and will be of pervious
material Landscaping will be as outlined above.
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e. The Special Permit is approved as discussed and there shall be no modification unless an approved by
the Planning Board at a public hearing.
17. 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 changes in the Parking
design."Roll call vote, all voted in favor.
18. REQUEST FULL RELEASE OF COVENANT/ROAD BOND- Fuller/Harrington Tenerowicz-
Located off Paine's Creek Road on Pine Bay Lane on Assessors' Map 1,Lots 12, 13 & 14. Present:
Mr. Fuller.
19, The Board inspected the road and found it to be in compliance with approval with the exception of an
official road sign to be posted. The DPW Superintendent requested that a$1,500.00 bond be held for
two years, to insure that the utility cut in Pane's Creek Road hold up. On a Motion by Henchy, Bob
Bugle second, "release remaining lot and accept $1,500.00 bond to insure that road cut on Pain's Creek
holds up and official Road sign be posted."All voted in favor.
18. LEGAL HEARING—SPECIAL PERMIT #SP2004-20—CORRIDOR OVERLAY
PROTECTION DISTRICT BYLAW— Smith- Located at 282 Underpass Road, on Assessors'
Map 26,Lot 104-1 —Proposed change of previously used office/retail space,to become restaurant
use and increase parking to 22 spaces and 5 spaces to be on adjacent parcel 104-4. Present: David
Smith,Chonas Kalivas and abutters were also present
19. Chairman Taylor opened the hearing at 7:45PM 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 asked the applicant to make his presentation.
20. Smith — the existing building consists of a 37-seat restaurant, and office/retail space. The goal is to
change the existing building and uses to a full-service restaurant suitable for eighty (80) seats. Except
for some cosmetic work, signage and some tasteful landscaping, the outward appearance of the building
and grounds will not significantly change.
21. Smith—the proposal is to take the existing 20 spaces and reconfigure them into 27 and add 5 space next
door on that property.
22. 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. The following comments were on file and read
by the Chairman:
B.O.H.- 7/22/04 septic system to be upgraded.
H.D.C.—No Concerns
DPW-Has no concerns in this matter.
POLICE - I have reviewed the information submitted by Mr.. David Smith re: the proposed changes at
282 Underpass Road. The access from Underpass provides more than adequate sight visibility and
therefore is not a problem. A review of the accident history for this area shows no incidents of accidents
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for the past 5 years. The parking must be expanded to comply with the requirements set forth in the
letter from David Thyng.
BUILDING DEPT.—refer to letter from Building Commissioner Thyng dated April 6, 2004.
23. The Board after reviewing the plans had no interest in making the existing 10x20 parking spaces
smaller, reducing them to 9x20. A clarification of the seating on the deck and how it is counted in the
overall parking requirements will be given to the Board at next meeting. Motion by Henchy, pierce
second, "continue hearing to August 17, 2005 at 7:45PM."All voted in favor.
24. APPROVAL NOT REQUIRED ANR2004-21 — Winslow — 3643 Main Street, located on
accessors' Map 11 Parcel 32 —lot does not create any new lots for building purposes, but is a
result of a boundary line agreement.
25. Motion by McMullen, Henchy second, "approve application#ANR2004-21". All voted in favor.
26. REQUEST FULL RELEASE OF COVENANT/ROAD BOND - 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.
27. The Planning Board reviewed the request for full release, stating that the following would need to be
done: 1. Inquire to the Police Chief as to the need of the Street Light; 2. Request a waiver the Berms are
12" and do not meet the Subdivision Rules and Regulations; 3. required sign; 4. Grass site line. Motion
by McMullen, Henchy second, "continue to September 71h, 2005 at 7:OOPM." All voted in favor.
28. Meeting Adjourned 9:45PM.
Sincerely
Marjorie Pierce
Planning Board Clerk.
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