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(508) 896-3701 N
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TOWN OF BREWSTER MINUTES
U S OF PLANNING BOARD
Tuesday, February 15, 2005 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, Remy, Linda Bugle, Bob Bugle and McMullen present.
2. DEFINITIVE SUBDIVISION PLAN #MRS2004-23- Boston Development Collaborative, Inc. —
off Crowell's Bog Road on Assessors' Map 49 Lot 8—proposed 14 lot division.
2. LEGAL HEARING—SPECIAL PERMIT #SP2005-01 —CORRIDOR OVERLAY
PROTECTION DISTRICT BYLAW—Colson - Located at 52 Commerce Park, on Assessors'
Map 46, Lot 41-4— New metal garage (36' x 45') for storing vehicles & equipment for
landscape business.
3. Chairman Taylor opened the hearing at 7:15 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.
4. Colson - proposing a commercial building, 36' x 45' for a new metal garage for single business use
of existing commercial business: Colson Landscaping for storage of Vehicles and Equipment for
landscape business. The building will be prefab metal with a have a cement floor.
5. The following comments were from other Town Boards or Departments.
D.P.W. - DPW HAS NO CONCERNS IN THIS MATTER.
FIRE -NO PROBLEM WITH THIS-PLANS WILL BE REVIEWED AS NORMAL.
B.O.H. - 2/15/05, NO COMMENTS FOR BOH.
HDC- NO CONCERNS OR COMMENTS.
POLICE—COLSONS NEW GARAGE—I HAVE NO PROBLEMS WITH THE PROPOSAL.
6. There were no letters, pro or con, read at the hearing. Nor did any abutter ask to be heard. After the
Board heard all the evidence presented, Chairman Taylor continued the hearing until March 1, 2005
at 7:05, in order for the applicant to submit a site plan that reflects what is existing and provide a
narrative to the corridor overlay requirements of applicability.
7. CONTINUED LEGAL HEARING—SPECIAL PERMIT #SP2004-30 —CORRIDOR
OVERLAY PROTECTION DISTRICT BYLAW—Karber Constr./Walther - Located at Lot 3
Independence Drive, on Assessors' Map 27, Lot 2101-3— An approximately 3000 sf. Steel
building with apartment, for a welding shop.
8. A discussion concerning landscaping, it was decided that the Board would again visit the site after the
building is up, in order to assess what landscaping might be needed. There was a further discussion
concerning the color of the building. The applicant provided a chart of the available Morton Building
paint colors and it was agreed that a Charcoal Gray exterior with a light gray roof would blend in well
with the surroundings. The Board voted to have the Planning Board Clerk draft a Special Permit
Decision with Conditions, to be voted on at the March 1, 2005.
9. 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'Reilly.
10. O'Reilly— Not prepared for presentation, have not submitted the project narrative. Over view for the
project is to construct a 3, 200 sf professional office building and a 1 bedroom apartment along with
the associated parking and utilities. The proposed building is to face Underpass Road. The access for
the parking area will be from Sara Anne Lane. By the April meeting, I should be prepared to make a
formal presentation to the Board.
11. Motion by Henchy, McMullen second, continue to April 5, 2005 at 8:OOPM. All voted in favor.
12. The following are for discussion purposes only at our 2/18/2005 meeting.
Suggested changes as of 2-11-2005 in BOLD
- 179-26.Residential lots of record.
A. One (1) single-family dwelling may be erected on any lot, regardless of a common ownership with that of
adjoining land located in the same residential district which, as of May 7, 1973, contained at least fifteen
thousand (15,000) square feet and had a minimum frontage of one hundred (100) feet and complied with the
rules and regulations of the Planning Board, if any, in effect at the time of endorsement and provided, further,
that the proposed structure is to be located on such lot so as to conform to the minimum requirements of front,
rear and side yard setbacks and to all other requirements for such structures in effect at the time of bu4&ffg=PIan
endorsement.
Any structure to be located on such lot shall conform to the setback requirements in effect at the time of
plan endorsement; provided, however, if there are no applicable setbacks, the front yard shall be 20 feet
and the side and rear yards shall be 10 feet.
B. Certain lots are exempted from current dimensional requirements by MGL C. 40A, - 6. In addition, any increase
in lot area, width, depth, Yard or frontage requirements shall not apply to erection, extension or alteration or
moving of a structure on a lot not meeting current dimensional requirements, provided that, as of June 25, 1978,
such lot was a legal building lot and had lot area of at least five thousand (5,000) square feet and street frontage
of at least fifty (50) feet.
Any structure to be located on such lot shall conform to the setback requirements in effect at the time of
plan endorsement; provided, however, if there are no applicable setbacks, the front yard shall be 20 feet
and the side and rear yards shall be 10 feet.
C. Certain lots are exempted from current dimensional requirements by MGL C. 40A, - 6. [Added 9-22-1986 STM,
Art. 341
(1) In addition, one (1) single-family dwelling may be erected on any lot, regardless of common ownership
with that of adjoining land, provided that such lot is:
(a) Shown on a plan approved and endorsed in accordance with the Subdivision Control Law and
the roads shown on such plan have been installed according to Planning Board requirements as
set forth at the time of approval of such plan and a release from covenant or other security has
been obtained;or
(b) Shown on a plan endorsed "Approval Under the Subdivision Control Law Not Required" and
the lot complied with all the applicable provisions of the Zoning Bylaw in effect at the time of
endorsement of such plan.
(2) In either case, the lot must have been created after June 25, 1978, and must be buildable under other
applicable nonzoning provisions of the law, and any structure to be located on such lot must conform to the
setback requirements in effect at the time of plan endorsement.
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Delete Structure as currently written
STRUCTURE -- A combination of materials for occupancy or use, such as a building, bridge, trestle, tower,
framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, shelters,piers, wharves,bin, fence,
sign or the like.
Amend to say
STRUCTURE—as defined in the Massachusetts State Building Code
To see if the Town will vote to amend the code of the Town of Brewster, Chapter 179,also known as the Zoning Bylaws, Article I,
"General Provisions" 179-2 Definitions,Subsection B,to add the word"or structure"after the words"building wall"in each of
the following three definitions:
Yard, Front—A space extending the full width of the lot between the front line of the nearest building wall"or
structure" and the front line.
Yard,Rear—A space,unoccupied except by an accessory structure or accessory use as herein permitted extending for the
full width of the lot,between the rear lot line of the building wall"or structure"and the rear lot line.
Yard, Side—An unoccupied space extending for the full length of a building between the nearest building wall"or
structure" and the side lot line.
To see if the Town will vote to amend the code of the Town of Brewster,Massachusetts by amending Chapter 179, Section 2.(b).
to to add the word"Natural" after the word adjacent:
currently written:
HEIGHT--The vertical distance from the mean level of the adjacent ground to the top of the structure,measured at the highest roof
beams of a flat roof or the highest gable or slope of a hip roof.
And insert the following new Word:
HEIGHT—The vertical distance from the mean level of the adjacent natural ground to the top of the structure,measured at the
highest roof beams of a flat roof or the highest gable or slope of a hip roof.
To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by amending Chapter 179—52.
Variances., Paragraph A by deleting the word"including"and substituting the word"excluding"therefore in the first sentence of
that paragraph, so that the first sentence of that paragraph which currently reads:
"A. The Board of Appeals may hear and decide appeals or petitions for variances from the terms of this chapter
including variances for use, with respect to particular land or structures."
will read as follows if this Article is approved:
"A. The Board of Appeals may hear and decide appeals or petitions for variances from the terms of this chapter
excluding variances for use, with respect to particular land or structures."
ARTICLE NO. 17 To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by amending
Chapter 179—11 (B.),Table 1, Use Regulations,to Add"P"under"I" under Residential the line designated: "#2.
Commercial parking lot or structure" in its entirety and insert in its place the following the following new language in a new
Paragraph 22.as follows:
R-R R-L R-M C-H V-B I MRD PW
SCF
2. 1-family dwelling unit for the owner - - - P P P
personnel
for the protection of property and
safe operation of the permitted use,
provided that the dwelling unit is
attached to the structure housing
the permitted use and that it meets
other pertinent requirements of this
chapter and said use to be
permitted in C-H District
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Fence-Proposed
New section to be added to 179-17 Fences,Walls and Other enclosures.
C. Fences-Fences or walls or any similar type structure,shall be considered accessory structures and shall be permitted in
the required yards subject to the conditions and requirements of this Section.
1. Plantings/Shrubbery-Landscape plantings shall be permitted in the required yards subject to the conditions and
requirements of this Section.
2. Fences associated with agricultural uses on parcels of land of five (5) acres or larger are exempt from the regulations.
Razor fences are prohibited.
3. All privately owned fences or walls shall be erected on private property and shall be no closer to any public sidewalk
than thirty (30) inches. No landscape plantings shall intrude into or over a public sidewalk for a height of eight feet
above the sidewalk.
4. Fences and walls shall not exceed four(4) feet in height along the front lot line and that portion of the side lot lines
between the front lot line and the minimum front setback line.
5. Fences located within the side or rear yards and exceeding six feet in height shall be set back a distance equal to their
height.
6. All fences, including temporary construction fences,but excepting agricultural fences as defined in Section 6.22,
shall require a building permit.
7. Temporary fences on construction sites may be a maximum height of eight (8) feet to protect the site, providing the
fence meets the requirements of the Building Commissioner.The Building Commissioner, upon the issuance of a
building permit, shall set a limit as to the length of time the fence may remain erected.
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To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by deleting Chapter 179, Section
67(A)(1) in its entirety and inserting in its place the following new language in a new Paragraph (A)(1),as follows:
Delete as currently written:
A. Transportation standards.
(1) Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections,
including Route 6A,below Level of Service (LOS) C,based on summer peak-hour traffic volumes. This
level of service for Brewster's roadways and intersections surrounding Route 6A and for Route 6A has
been defined in the Route 6A Corridor Study, prepared by TAMS Consultants, Inc., June 1992. This
study is available in the town offices (Planning Board and Board of Selectmen). When the existing LOS
is below LOS C,the proponent shall maintain or improve performance indicators.
And insert the following new Language:
A. Transportation standards.
(1) Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections,
including Route 6A, below Level of Service (LOS) C,based on summer peak-hour traffic volumes. The
capacity and level of service for Brewster's roadways and intersections surrounding Route 6A and for
Route 6A shall be computed as follows: A Base Year capacity and level of service analysis shall be
computed for the roadway network including site driveways, site access links and intersections (if
appropriate). LOS analysis shall include heavy vehicle percentages as measured and where appropriate.
Performance indicators such as delay, travel time, volume/capacity ratio, queue length, and traffic
density, shall be documented. These analyses shall be performed using the most recent Highway
Capacity Manual, and any updates published by the Transportation Research Board. If computer
software is used for intersection analysis, the most recent version of Highway Capacity Software (HCS
from the McTrans Center of the University of Florida, Gainsville) shall be used for analysis. Substitute
software may also be used and will be considered for comparative analysis where applicable, such as
SYNCHRO (from Trafficware of Albany, CA). When the existing LOS is below LOS C, the
proponent shall maintain or improve performance indicators.
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Already advertised
ARTICLE NO.25 To see if the Town will vote to amend the Code of the Town of Brewster,Massachusetts by amending
chapter 179, Section 179-16 Table 3 to amend the following column as currently written:
Currently written:
Maximum Percentage of
IL
Total Interior Floor Area to
Lot's buildable uplands
(percent)
20
15
Amendment:
Maximum Percentage of
Total Interior Floor Area to
Lot's buildable uplands
(percent)
80
60
1. Some one will be checking with Don Liptik(sp) regarding our WETLANDS CONSERVENCY DISTRICT chapter 179-6
and comparing with the existing regulation of the conservation commission.
2. Others to be added please have printed and ready for discussion.
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