The URL can be used to link to this page

Home My Public Portal AboutPlanning Board -- 2006-10-11 Minutes\\`\~~~,~~~f~µE w ~~~ ~', ,,, ~ ~~ . =_~~ a~~ =3~~ acv ~~ ~ ~ ~ - ~ ~ ~, - a ///////~~~~// , ~E$ R P9 A PB p OA\~~\\\\\\\\\ Brewster Planning Board ~ O 2198 Main Street 4rewster, Massachusetts 02631-1898 BREWSTER BICENTENNIAL (508) 896-3701 N FAX (508) 896-8089 O TOWN OF BREWSTER MINUTES OF PLANNING BOARD Wednesday, October 11, 2006 7:00 P.M. Brewster Town Office Building Date approved: October 25, 2006 TOWN OF BREWSTER PLANNING BOARD October 11, 2006 -Meeting Minutes Town Hall Office Present: Henchy, McMullen, Taylor, Remy, Bugle, Tubman 8 Pierce Chairman William Henchy called the meeting to order at 7:00 p.m. September 27, 2006 Meeting Minutes reviewed for approval MOTION to Approve as corrected MOVED by Bugle, SECOND by Pierce. All voted "AYE" LEGAL HEARING WILL BE HELD FOR CONSIDERATION OF THE TOWN TO UNDERTAKE A SERIES OF TEMPORARY ROAD REPAIRS UNDER THE TOWN'S BETTERMENT AND ASSESSMENT PROGRAM IN ACCORDANCE WITH ARTICLE VIII, TEMPORARY ROAD REPAIR, SECTION 157-20 OF BREWSTER'S CODE, FOR THE FOLLOWING ROADS: 1. HERRING BROOK LANE -Off Stony Brook Road on Assessors' Map 35 The board reviewed the construction of the road with O'Reilly of Bennett and O'Reilly, and voted on a motion by Taylor, second by Bugle to approve the plan of construction.. All voted AYE. 2. FIDDLERS' LANE -Off Lower Road on Assessors' Map 18. The board reviewed the construction of the road with O'Reilly of Bennett and O'Reilly, and voted on a motion by Taylor, second by Bugle to approve the plan of construction. All voted AYE. PROPOSED ZONING BYLAW AMENDMENTS: ZONING BYLAW AMENDMENT /WETLANDS CONSERVANCY DISTRICT ARTICLE NO. 79 To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article II Establishment of Districts, Section 179-6 Wetlands Conservancy District ,Subsection B, Locations and boundaries, by removing the (1) designation before the first paragraph and by repealing the second paragraph which reads as follows: Wetlands Conservancy Districts shall also include the following soil types and soil associations, the location and boundaries are shown by overlay map sheets 11,16,17, 18 and 22 encompassing the Town of Brewster and found in the "Soil Survey of Barnstable County, Massachusetts" issued March 1993 by the United States Department of Agriculture, Soil Conservation Service which survey is hereby made a part of this Chapter: Amostown (AmA); Beaches(Bh); Belgrade Planning Board Meeting 1 of 8 October 11, 2006 Silt Loam (BIB); Berryland(Bma); Boxford(BoA)(BoB); Deerfield(DeA); Dune Land(Dn); Freetown(Fm,Ft); Freetown and Swansea(Fs); Hooksan(HoC, HoD); Ipswich, Pawcatuck and Matunuck(ImA);Maybid(MaA, MbA); Pipestone(PeA); Scitico(ScA); Sudbury (SdA); and Walpole(WvA). Soil descriptions as well as their land uses and limitations are found in this survey. [Amended 5-9-1988 ATM, Art. 95; 5-8-1989 ATM, Art. 46; 10-15-1990 STM, Art. 4; 11-19-2001 FTM Art. 17] or take any other action relative thereto. Motion to endorse amendment Moved by Pierce Second Bugle All Voted Aye ZONING BYLAW AMENDMENT/CORRIDOR OVERLAY PROTECTION DISTRICT ARTICLE NO. 20: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article XII Corridor Overlay Protection District, Section 179-67 Transportation, trip reduction, access parking, landscaping and appearance standards, Subsection D Parking design standards, by repealing the paragraph reading as follows: (2) "The SPGA is authorized to relax any and all of the numerical standards established by 179-23 (Parking and loading lot standards), provided that the SPGA believes that:" And by substituting for it the following: (2) "Through provisions of its special permit, the SPGA is authorized to relax any and all of Numerical standards established by Section 179-22, Parking and loading requirement tables, and by Section 179- 23, Parking and loading lot standard, if the SPGA finds that:" or to take any other action relative thereto Motion to endorse amendment Moved by Remy Second by Pierce All Voted Aye ZONING BYLAW AMENDMENT/SPECIAL PERMITS ARTICLE NO. 21: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement, Section 179-51 Special permits, by repealing in Subsection A the third sentence, which reads: If a Special Permit is also required from the Planning Board acting as SPGA under Article XII, Corridor Overlay Protection District, or Section 179-40.1 of Article IX (Personal Wireless Services and Communication Facilities Bylaw, the applicant will not be required to also obtain a Special Permit from the Board of Appeals under this Section 179-51 and the Planning Board, acting as SPGA, will apply the provisions of this Section 179-51 in those cases, as appropriate, so that all requested relief can be addressed in a single proceeding" And by substituting for it the following: "If an applicant needs a special permit from the Planning Board acting under either Article IX Special Regulations, Section 179-40.1, Personal Wireless Services and Communication Facilities Bylaw, or Article XII, Corridor Overlay Protection District, and another special permit from the Board of Appeals, the applicant may file a single, combined, special permit application with the Planning Board, and in those instances, the Planning Board is authorized to grant all special permit relief in one proceeding and decision. The applicant shall comply with all requirements, and the Planning Board shall apply the appropriate criteria, including the criteria of Section 179-51, to the various components of such an application;" or to take any other action relative thereto. Planning Board Meeting 2 of 8 October 11, 2006 Motion to endorse amendment Moved by Taylor Second by Remy All Voted Aye ZONING BYLAW AMENDMENT/CORRIDOR OVERLAY PROTECTION DISTRICT ARTICLE NO. 22: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article XII Corridor Overlay Protection District, Section 179-66 Use regulations, Subsection B Special permit uses, by repealing paragraph (4), reading as follows: (4) "When a project requires a permit for a change in nonconforming use authorized by 179-28 of the Zoning Bylaw, as well as a special permit under a separate section of this Article, the proponent shall be able to obtain a single special permit, provided that the proposed use meets the conditions of this Article. In this instance only, the Board of Appeals shall be the SPGA." And by substituting for it the following new paragraph (4): (4) "If the project proponent needs both a special permit from the Planning Board acting under this Article and a special permit from the Board of Appeals acting under Article VIII Nonconforming Uses, Structures and Lots, Section 179-28 Change of nonconforming uses, Subsection A, the proponent may file a single, combined, special permit application with the Planning Board, and in those instances, the Planning Board is authorized to grant all special permit relief in one proceeding and decision. The proponent shall comply with all pertinent requirements, and the Planning Board shall apply the appropriate criteria to the different components of such an application:" or to take any other action relative thereto. Motion to endorse amendment Moved by Bugle Second by Taylor All Voted Aye ZONING BYLAW AMENDMENT /SPECIAL PERMITS ARTICLE NO. 23: To see if the Town will vote to amend the code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article II Establishment of Districts, Section 179-6 Wetland Conservancy District, Subsection D Permitted uses, by adding the following as the ninth numbered use: 9. Notwithstanding the prohibition against any land filling or dumping of any soil, peat sod, gravel rocks or other mineral substances in Paragraph E. (4) below, land filling or dumping of any gravel, rocks, sand or other mineral substance is permitted for property owners for the sole purpose of repairing or re-nourishing of bay front beaches after storm damages. or to take any other action relative thereto. Motion to endorse amendment Moved by Remy Second by Pierce All Voted Aye ZONING BYLAW AMENDMENT /RESTAURANT DEFINITION ARTICLE NO. 24: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article I General Provisions, Section 179-2 Definitions, Subsection B, by removing the present definition of a Restaurant, Section 179-2.(b) and in its place adding in the proper alphabetical position the following new definitions: RESTAURANT, FULL SERVICE - An establishment in which food is prepared and served and customers' orders are taken and served at dining tables and where customers pay after eating. A restaurant that othennrise satisfies Planning Board Meeting 3 of 8 October 11, 2006 the above noted definition may contain one (1) takeout station. None of this type establishment shall provide drive through windows or in-car service or service areas. RESTAURANT, LIMITED SERVICE - A Limited Service Restaurant is an establishment primarily engaged in providing food services where patrons generally order or select items and pay before eating. Examples of such establishments include: Take Out Restaurants (1) at which orders are taken and food is prepared, (2) at which food is sold to customers to be eaten elsewhere off the premises, and (3) does not have an in-car, drive-through service or service area. None of this type establishment shall provide drive through windows or in-car service or service areas. Fast Food restaurants (1) at which orders are taken and food is prepared, (2) at which food is sold to customers to be eaten on premises or elsewhere off the premises, and (3) does not have an in-car, drive- through service or service area; Pizza Delivery Services, Non-alcoholic Beverage Bars, Ice Cream Parlors, Sandwich Shops, Carryout Cookie Shops and Bagel Shops with on premises baking are all examples of this category. None of this type establishment shall provide drive through windows or in-car service or service areas. or to take any other action relative thereto. Motion to endorse amendment as corrected, by adding the italicized/bolded sentences above. Moved by Pierce Second by Bugle All Voted Aye ZONING BYLAW AMENDMEN T/ USE TABLE ARTICLE NO. 25: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article IV Use Regulations, Section 179-11 Table of Use Regulation, Subsection B, Table 1 Use Regulations, removing under the Retail and Service (except as provided in 179-36), Item number 3. Restaurant and Lounge [Amended 5-14-1990 STM, Art.6] and adding under the "Retail and Service (except as provided in 179-36)" heading the new entries of: 3. Restaurant- Full Service and Lounge RR=R RR=L RR=M CC=H VV=6 I MRD PWS CF S S S 3.1 Restaurant, R-R RR=L RR=M CC=H V_B I MRD PWS CF Limited Service S S S or to take any other action relative thereto. Motion to endorse amendment as corrected by changing 35 to 3.1 above. Moved by McMullen Second by Pierce All Voted Aye ZONING BYLAW AMENDMENT /RESIDENTIAL AREA REQUIREMENTS ARTICLE NO. 26: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article V Area and Bulk Regulations, Section 179-16 Tables of Regulations, Table 2 Area Regulations, by repealing the current V-B District Use, Area, Lot Frontage, Yard Front, Yard Side and Yard Rear minimum requirements, by substituting the following under the same, respective, dimensional headings: V-B Any permitted residential 60,000 80 30 15 15 structure Any permitted 15,000 80 30 15 15 Planning Board Meeting 4 of 8 October 11, 2006 principal structure or use other than residential as listed above Except for attached units in the Commercial High Density, Village Business, and Industrial districts, lots used for residential building purposes must include a minimum of 60,000 square feet of contiguous upland. See Section 179-13. B. Or to take any other action relative thereto. Motion to withdraw amendment. The Board felt this amendment needed further adjustment before endorsing Moved by Pierce Second by Taylor Remy, Taylor, Pierce, Tubman, McMullen, Henchy voted AYE Bugle abstained ~ ZONING BYLAW AMENDMENT/ PARKING REQUIREMENTS ARTICLE NO. 27: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article VII Off-Street Parking and Loading, Section 179-22 Parking and loading requirement tables, by adding in Subsection A the following second, numbered paragraph: (2) In Table 4 Minimum Off-Street Parking Regulations, "gross floor space" does not include space used exclusively for storage; or to take any other action relative thereto. Motion to withdraw amendment. The Board felt this amendment needed further adjustment before endorsing. Moved by McMullen Second by Pierce All Voted AYE ZONING BYLAW AMENDMENT /VIOLATIONS AND PENALTIES ARTICLE NO. 28: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement, by repealing Section 179-49 Violation and penalties, which reads as follows: "If the notice of violation and order is not complied with promptly, the Inspector of Buildings or his designee shall, through the Board of Selectmen and town Counsel, institute the appropriate action or proceeding at law or in equity to restrain, correct or abate such violation. Any person, trust or other enterprise who violates or refuses to comply with any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals may be fined by the Inspector of Buildings a sum of up to three hundred ($300) dollars for each offense, unless otherwise noted in this chapter." And by substituting for it the following: "For zoning violations of building permits, special permits, variances, certificates of occupancy, orders, by-laws, and statutes, or the conditions of any other permit or Certificate issued under this Bylaw, the Building Commissioner may impose fines and institute enforcement actions, either criminal or civil, either legal or equitable or both. Each day the violation continues shall be a separate offense." or to take any other action relative thereto. Motion to endorse with correction. The correction is to remove the words "administrative decisions" in the first sentence. Moved by Pierce Second by Taylor All voted AYE Planning Board Meeting 5 of 8 October 11, 2006 ZONING BYLAW AMENDMENT /EXPIRATION OF SPECIAL PERMITS ARTICLE NO. 29: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement, Section 179-51 Special permits, by repealing Subsection B, reading as follows: "Special permits shall lapse within twenty-four (24) months of special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL C.40A, 17, from the grant thereof) if a substantial use therefore or construction has not began, except for good cause" And by substituting for it as a new Subsection B the following; "Not counting the period of an appeal, special permits shall lapse twenty-four (24) months after they are available to the applicant unless (a) a substantial use of the special permit has begun, or (b) construction has started and has proceeded as reasonably practical, or (c) the special permit holder demonstrates to the special permit granting authority good cause for not complying with (a) or (b). Special permits may specify a date or dates by which events must occur or construction must be completed in order for the special permit holder to avoid the lapse of that special permit." or to take any other action relative thereto Motion to endorse amendment as corrected. The correction is the removal of the first part of the first sentence Moved by Pierce Second by Tubman All Voted AYE ~ ZONING BYLAW AMENDMENT /DIRT ROAD BYLAW ~ ARTICLE NO. 30: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article VIII Nonconforming Uses, Structures and Lots, Section 179-26 "Residential lots of record," Subsection D, "Pre-existing lots of record lacking street frontage," to confirm that the special permit granting authority must evaluate physical access, not legal access, by amending its paragraphs and subparagraphs as follows; by inserting the word "physical" before the word "access" each of the three times it appears in subparagraph (1)(c); by inserting the work "physically" before the word "adequate" in subparagraphs (2)(a), (2)(b), and (2)(c); and by inserting the word "physical" before the word "access" in the first sentence of paragraph (3), or to take any other action relative thereto. Motion to endorse amendment Moved by McMullen Second by Pierce All Voted Aye ZONING BYLAW AMENDMENT /AREA AND BULK REGULATIONS ARTCILE NO. 31: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article V Area and Bulk Regulations, Section 179-16 Tables of Regulations, Table 2 Area Regulations, by placing the entries for "Row house and townhouse" above, rather than below, the entries for "Any other permitted structure or use, other than those listed above for the CH zone" and by deleting the word "other" in the Use column for the I district; or to take any other action relative thereto. Motion to endorse as corrected. The correction is to delete "Principle use" and insert the bold/italicized phrase above. Moved by Pierce Second by Tubman All Voted AYE Planning Board Meeting 6 of 8 October 11, 2006 ZONING BYLAW AMENDMENT /ENFORCEMENT ARTICLE NO. 32: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement, by deleting the reference in Section 179-43 Enforcement, the two references in Section 179-44 Action by Zoning Agent, the reference in Section 179-48 Notice of violation to the "Inspector of Buildings" and by substituting in each instance a reference to the "Building Commissioner;" or to take any other action relative thereto. Motion to endorse Moved by McMullen Second by Bugle Henchy, McMullen, Tubman, Pierce, Taylor, Bugle voted AYE Remy absent ZONING BYLAW AMENDMENT ARTICLE NO. 33: To see if the town will vote to amend Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article IX Special Regulations, Section 179-38 Planned Business Development or row commercial, by repealing Subsection B and by substituting for it the following: Uses in a planned business development shall, and in row commercial development may, be contained in more than one (1) building. Each building shall be separated from another by at least twenty-four (24) feet and each building shall have a minimum footprint of 500 sf. or to take any other action relative thereto Motion to endorse amendment as corrected. Correction is to add the italicized/bolded phrase above. Moved by Pierce Second by Taylor Henchy, McMullen, Tubman, Pierce, Taylor, Remy voted AYE Bugle abstained ZONING BYLAW AMENDMENT ARTICLE NO. 34: To see if the town will vote to amend Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article I General Provisions, Section 179-2 Definitions, by repealing in Subsection B the definition of Row Commercial and by substituting for it the following: A structure or structures containing more than one commercial unit, each unit divided from others by fire walls, separation walls or other walls, or by being in a separate building so as to be separate and distinct from each other unit. Each unit contained shall be a permitted use and may be separately owned. or to take any other action relative thereto. Motion to endorse amendment Moved by McMullen Second by Pierce Henchy, McMullen, Tubman, Pierce, Taylor, Remy voted AYE Bugle abstained ZONING BYLAW AMENDMENT ARTICLE NO. 35: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article V Area and Bulk Regulations, Section 179-16 Tables of regulations, Table 2 Area Regulations, by repealing the first and second sentences in Note 1 and by substituting for them the following. Planning Board Meeting 7 of 8 October 1 1, 2006 In general, only one (1) principal structure shall be permitted on one (1) lot. The exceptions are planned residential developments, row commercial development, subsidized elderly housing, planned business developments, community facilities and public utilities. or to take any other action relative thereto. Motion to endorse amendment Moved by Pierce Second by Taylor Henchy, McMullen, Tubman, Pierce, Taylor, Remy voted AYE Bugle abstained CONINTUANCE -LEGAL HEARING -SPECIAL PERMIT #SP2006-18 -CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW -Ocean Edge Resort Limited Partnership- Located at 832 Villages Drive within the approved Planned Unit Development for Ocean Edge Resort, on Assessors' Map 27, Lot 39-4 -Proposed project - Linx Clubhouse addition and renovation. John Mostyn was present representing Ocean Edge Henchy reviewed 179.51 Special Permit bylaw and 179.67 Transportation, Trip Reduction, Access, Parking, Landscaping and Appearance standards with Mostyn and Ocean Edge was in compliance with all relevant sections. Mostyn agreed that he will go before the ZBA regarding street signage on Route 137 and report status to the Planning Board Administrative Clerk within 90 days. Henchy then stated that all Special Permit relevant requirements had been met. Taylor discussed meeting with Keene, Ocean Edge Landscaper, requesting more vegetation buffer be planted along the new parking area to the club house and remove the poison ivy for the trees. Mostyn confirmed his understanding the conditions discussed previously were: 1) The tent will be removed and will not return to that area of Ocean Edge. 2) There will be no outside amplified noise on the patio. 3) Across walk will be added and clearly delineated. 4) Sufficient landscaping from the parking lot to the crosswalk. 5) Report back to the clerk within 90 days regarding street signage. Staley assured Mostyn that the Building Department would work to make sure the Special Permit gets due attention so that Ocean Edge may move forward as soon as possible. There have been allowances in the past regarding risk taking. If the applicant wants to put in a foundation before the 20 day appeal period is up, the applicant takes a risk that someone will appeal the permit. Mostyn stated with that understanding, that could work. Pierce motioned to write a draft permit with a positive recommendation of approval with incorporated conditions the board has agreed upon. Second by McMullen Henchy, McMullen, Tubman, Pierce, Taylor, Remy voted AYE Bugle Abstained Minutes Review by: Marjorie Pierce, Clerk of the Board W m ~ ~ z ,:,~; 0 n N , Qt '~ N F Planning Board Meeting 8 of 8 October 11, ?006