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Home My Public Portal AboutPlanning Board -- 2006-08-09 Minutes\\~~~~~~~~~~~~~UatiE Il~ps iii,//ii,,~~~ ~4 0 ~ R e9~~ /~ ~=u~' ;~_ s ~~`~ _~~ a~D ~o _ `~'= r' iiii i i i ~ ~ r l t ~ ~ ~ ~ ~ ~~ u t t u ~~~ ~~\~ Date Approved: January 24, 2007 Vote: 4-0-0 r-+ Brewster Planning Board O 2198 Main Street Brewster, Massachusetts 02631- BixEVl~s'r>~x B><c.>avT~vNIAL 1898 ~ (508) 896-3701 w FAX (508) 896-8089 ~ Town of Brewster Minutes of Planning Board Wednesday, August 9, 2006 7:00 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board meeting at 7:OOP Present: Henchy, Bugle, Taylor, Tubman, McMullen and Remy Also present: Victor Staley, Building Inspector CONTINUED -LEGAL HEARING -SPECIAL PERMIT #SP2006-12 -CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW -DOUGLAS GROVER -Located off Freeman's Way, on Assessors' Map 45, Lot 72 -Existing Metal Building to be used for Multi-Use Storage Building, Review draft for special permit. Sitting for this Hearing: Henchy, Taylor, Bugle, Remy and McMullen. Tubman recused herself, as an abutter to the project and went to sit in the audience. Present for the Applicant: Roger O'Day, Attorney, Douglas and Cynthia Grover. At this time, Chairman Henchy requested a waiver be signed by Mr. O'Day and Mr. Grover allowing Chairman Henchy to sit at this hearing as he was not present at the June 28, 2006 hearing. Both Mr. O'Day and Mr. Grover signed the waiver. Henchy indicated that the Board would review and finalize the language of the draft for a Special Permit. Members reviewed the draft permit page by page. Questions were answered for the highlighted areas. Attorney O'Day questioned the "waiver" notation wherever "Landscaping Plan" was listed. We have not provided landscape plan as the Board is aware of the huge setback requirement from Freeman's Way. There is a proposed plan, but we have not filed a separate landscape plan. Grover -The Freeman's Way side has 200 ft of trees and miscellaneous bushes. Henchy -The character of adjacent property is protected The Board agreed that no waiver was needed relative to the Landscaping Plan requirement. There followed a discussion of Property Lighting. It was agreed that the lights would be shielded and on motion sensors, so there would be no light trespass unto adjoining properties. Sodium vapor bulbs are not permitted. The Board also discussed the need for a bicycle rack and decided that no waiver was needed for the lack of a bike rack Planning Board Meeting 1 of 4 August 9, 2006 O'Day had a few questions concerning the draft. On page 18 under Special Permit conditions #2. There were two listed uses under the Zoning Bylaw, both of which are allowed uses in an Industrial Zone, broad enough to encompass the use anticipated. Taylor indicated that relative to allowed uses in the Industrial Zone, as specified in Table 1 -Use Regulations, Wholesale and Manufacturing, item #4 "Construction industry, including suppliers" is the best description of what the Applicant is proposing for a use of the property. Henchy -The proposed use is construction equipment as such. Once the applicant has potential tenants for the property the Planning Board and Building Commissioner shall review and approve/reject them. We are reserving the right to approve use. The Water Quality Review Committee will also have to review potential tenants. The Applicant still needs to go to the Water Quality Review Board, since the prior approval has expired. A current WQRC approval is a requirement of this Special Permit. O'Day -Another issue relates to Condition # 11... issue required impervious berm if storage is outside open storage is permitted in this district. "Parkins: (11) If there is any storagellong term parking of vehicles, machinery, equipment or other outside storage, the applicant will be required to provide an impervious bermed surtace. Grover -The Boatyard has a number of boats and about 60 cars and a gravel pit with no means to catch anything there either. Henchy -This requirement stems from the nature on that part of the Town, it sits over the Town's water supply. Eventually, we will get to everyone who stores a vehicle or keeps a vehicle in this area. Not negotiable Taylor -This is in our Zone II. At the moment, Water Quality cannot condition what we have here. Whereas this requirement is not in the current WQRC By-law, such a condition will likely be in the revision. We are not in compliance with current State DEP Groundwater Protection Regulations. The critical point here is to protect our drinking water and environmental protection is clearly within our purview. This was discussed at the June 28th meeting and John specifically asked that this condition be included. Henchy - Have you been to the Water Quality Review Committee? O'Day - No, our original WQRC permit has expired. McMullen -WQRC will deal with this. Are we stepping over boundaries if we put this in? Henchy- Leave it in. I sit on Water Quality and we will also address it. As for the boatyard -big mystery. That should be coming before Water Quality on routine review for their Water Quality Permit. Taylor, Remy, and Bugle agreed that it should be left in. Henchy questioned whether there was any information regarding Keyspan. Was there anything in writing -did the applicant request a letter? They still hold a valid permit, and I don't want it to overlap. O'Day stated that they had not tried contacting them. Keyspan let their permit lapse. Grover indicated that Keyspan is going to invest in Chatham rather than Brewster. O'Day - In reading the draft decision, it states that if Keyspan were to attempt to exercise its Permit, we would have to come back before the board. If Keyspan tries to exercise any rights by November, we will be happy to resubmit to this board. However, their opportunity to lease the property has already expired. Staley -Two points: #1. The boatyard, which was previously discussed is not within the bounds of the zone of contribution. It is just outside of it. #2. As the enforcement agent, the long term storage is not happening. Henchy-Victor, is the building up to standards right now? Planning Board Meeting 2 of 4 August 9, 2006 Staley -Yes, it meets the standard of a metal storage building - Henchy - Is there internal wiring? Staley and O'Day- No wiring yet. Staley - Before I issue permit, I would have all electrical approved. Henchy-Any members have any general comments. There were no other comments from Board members. MOTION to Close to Public Input. MOVED by Remy, SECOND by Bugle All -"Aye" MOTION to Approve Special Permit with Conditions as Amended MOTION by McMullen, SECOND by Bugle. Roll call vote McMullen - "AYE", Bugle - "AYE", Remy - "AYE", Taylor -"AYE", Henchy -"AYE". Taylor - We should review permits before approving draft. Does everyone agree? Don't' do roll vote until draft is completed and reviewed. We have had some issues that need to be resolved. Henchy-We have had a lot of problems with taping of our meetings, including getting the minutes done. I like the idea of a digital recorder with text transfer. This Board is making a formal request to get a digital device before next meeting. We are liable for missing minutes. Henchy -Elizabeth, Caryl and I will work on a better format for our Special Permits. It needs to be condensed. Taylor -The down side of condensing the permit is if we eliminate the bylaw sections from the Special Permit, in 20 years no one will know what we are addressing in the permit. Also, we still have to review the draft Allard permit. ALLARD DRAFT SPECIAL PERMIT REVIEW The Board reviewed the draft permit, page by page. Taylor - On Page three, Victor said Allard would submit clarification of use. We have never received anything. The letter we got was not the narrative requested. Staley - As the enforcement agent, it is helpful if the board is clear and concise .Identify use, office space etc., give direction of where they need to go... etc. Mr. Allard has never given an identification except office/retail. I'm very nervous about that. The Applicant needs to do more work. You can condition it...to what the service is, parking, the bays and limit equipment. No gross vehicle weight over limiting is good. It helps the applicant to be clear and concise when applying for something. If applicant is vague, the Planning Board needs to be specific. If he likes it, he accepts. If he doesn't, he will state that. Henchy - In the event the office space is rented to 3~d parties, the uses exercised by those 3'd parties must be reviewed by the Planning Board. Victor agrees. Remy -The letter states three garage bays to be used for storage of equipment and material. Staley -Allard is not doing the work on the application. The Planning Board is doing the work. Henchy -Page 26, #19 -Approved proposed use for this site is miscellaneous business office and services, #13 Staley - If the applicant cannot identify the use, they should not waste the Board's time. The Board should make the applicant do more work, be specific about their request. The Planning Board should not have to extract info... it should be in detail from applicant. Planning Board Meeting 3 of 4 August 9, 2006 Remy -Leave in the text regarding no outside storage. McMullen - I never heard anything about rental of the bays. Make sure we add no outside storage to the conditions and that contractor's yards are not permitted either. Henchy agreed to write a letter to Mr. Allard, again stating that the Board still required a narrative for #13 in the Table 1, Use Regulations, Retail and Service, #13. Miscellaneous business offices and services. He also needs to provide a narrative that specifically answers all of the sections of the COPD, and the section under Special Permits, "a,b,c,d,. etc." He will need to answer each one point by point. This has already been requested more than once. Taylor -The revised parking plan was dropped off today at 4:00 PM. McMullen - It is dangerous not to have some type of lighting on his entrance/exit. Some sort of little light into his property just to show people streaming up Millstone Road that might zoom right by it -where it is. It's a good idea to have a light at the entrance. No sign lighting, but some sort of light. Taylor - Mr. Allard said he didn't want a light on his sign. McMullen -Well, he needs to have something at night so people don't go right by Henchy - He has to share access from Millstone Road with the adjacent business -Millstone Liquors. Maybe the liquor store will light the sign Taylor - I will call Steve and ask about the lighting MOTION to Approve Draft as Amended MOVED by McMullen, SECOND by Remy. All "AYE" There followed a number of discussions: 1. With Victor Staley concerning being more specific in terms of Planning Board permits -the language must be clear and concise. 2. Discussion of Bayside Market and outside seating 3. Discussions about Selectmen's view of relationships with the Planning Board. 4. Discussion about Brewster Farms opening a "Subway Delicatessen/Restaurant within the store MOTION to ADJOURN o rn v MOVED BY McMullen, SECOND by Remy. All "AYE" z N o~ Respectfully submitted, n _ ca Marjori Pierce/Cler~~ ~ Marilyn Mooer ecretary Planning Boa d Meeting 4 of 4 August 9, 2006