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Home My Public Portal AboutPlanning Board -- 2007-01-10 Minutes~u ~ a~ u» u t I I I I I i u u u ~ i ~ / iii ~~~~\04 ~RE W ~ ~~'Q~~% ~'~ 3 ~U N9~ N ~- _ = = 7 ~~ 1111111111 I I f I 1 l 4 l U 111 Date Approved: February 21, 2007 Brewster Planning Board ~ 2198 Main Street ~ Brewster, Massachusetts 02631-1898 w (508) 896-3701 BREWSTER BICENTENNIAL FAX (508) 896-8089 O TOWN OF BREWSTER MINUTES OF PLANNING BOARD Wednesday January 10, 2007 7:00 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board meeting at 7:OOPM in the Brewster Town Office Building with members Taylor, McMullen, Peirce, Bugle and Remy present. Tubman absent. INFORMAL DISCUSSION 1. Jillian Douglass-Community Association- Doeg, Harrison Hill West Brewster Community Association sub division has been in existence a longtime. Road failure is a Betterment Issue but they do need help with unpassable road Henchy -who put the rocks and stumps there? Douglass -there is a fence there now, making it not passable. This does not meet the needs of the subdivision. Henchy -suggests we look at the maps and Victor Staley and I go out and view the problem. We can't force people to fix the road but blocking passage can be dealt with. Douglass -there are a lot of issues coming to a head. Henchy -the fence across a laid out road is a huge issue. Remy - we should be clear on the purpose of the bond. Douglass -the bond is in the event of development issues, things not completed. Bugle -there is a limit to what the developer is responsible for. McMullen -Doeg said it would be improved. Douglass -the other issue is if it is not properly maintained CONTINUED UNTIL JANUARY 24, 2007 Douglass -start thinking about Zoning Bylaw changes for the Warrant. Henchy -possible windmill issues Planning Board Meeting 01-10-07 Page 1 of 6 Douglass- large scale Commercial types vs. smaller wind turbines may be requested. Wireless application should incorporate overlay for larger scale. Henchy -standard height has to be considered. Bugle -also remember noise factors. Home use is not the same as commercial. Douglass -there should be a section on noise. Henchy -row commercial is another Bylaw issue Douglass -list for consideration; principle use, elimination of use Variance, WQRC revisions, Conservancy soils, Sub- Division identification signs. MINUTES of December 13, 2006 Motion Taylor to accept as corrected. Bugle second. All voted to accept. 6-0-0. LEGAL HEARING CORRIDOR OVERLAY PROTECTION DISTRICT - #COPD 2006-24 -Applicant/Owner; Jane C. Potter, Lemon Tree Village Realty. Located 1069 Main Street, Assessor's Map 19, Parcel 51-1, 52-2. Construction of an appropriate 4,944 s.f. addition to the Cook Shop building and construction of an additional parking loop with the net addition of 36 parking spaces. Present for the Applicant -Robert Perry, Cape Cod Engineering, Jane Potter, Eric and Bruce Dancause. Sitting on this hearing -Henchy, McMullen, Remy, Pierce, Taylor and Bugle. Chairman Henchy opened the nearing on January 10, 2007 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. He stated that during the hearing any member of the Board or interested party could direct questions through the Chairman to a speaker relating to the proposal. He asked the applicant to make his presentation. Henchy read the comment from the Fire Department, which stated - No problems, buildings shall include sprinklers, building numbers shall corrected, fire extinguishers included. Traffic issue -should arrange for the Flex Bus routeto stop at lemon Tree. Perry -Reviewed with the Planning Board the application as presented. This is the 3`d and final phase of expansion. Second floor addition to the Cook Shop (eastern portion of the property). There will be additional parking of 51 spaces. There will be 2 means of egress for this parking area. Conservation Commission has approved an Order of Conditions. There is ample green space through out. The landscape plan is submitted. They meet the general tenets of these Bylaw sections (179-51 and 179-67). Henchy -would the Board like a summary? McMullen- the memo is fine Peirce- very thorough Remy- thorough Taylor- thorough, rely on memo McMullen - is the 2"d floor retail or storage? Perry -retail, the cellar is storage only. Planning Board Meeting 01-10-07 Page 2 of 6 e McMullen -what is the square footage for 1St and 2"d floor? Perry - 2169 s.f. basement, 2472 s.f. 1St and 2"d floor. McMullen -handicapped access to 2"d floor. Perry -yes, by law Henchy -how long has lemon Tree been operating? Perry -since i965. Henchy -the front parking was established before the Bylaw but is there a possibility to move front parking to the back or side? Perry -Parking is 15' from the street line, angle spaces forces traffic pattern. No need to eliminate these spaces. Henchy -Current Bylaw parking shall be located on side or back but we cannot force present regulations on existing conditions. McMullen -applicant can't be penalized for past requirements Henchy - it is Planning Board prevue to look at everything Bugle - no problems Remy- same Taylor -same, this new plan will alleviate parking on the street Peirce -thorough presentation Perry -ongoing landscaping, more parking is key Open to public Input Robert Hirshman -any impact on restaurant next door? Eric Dancause- increased parking should enhance this area. Hirshman -will the project expand any more? Dancause- this is at build out, 20 year process. Motion by Remy to Close to Public Input. Second- Taylor. All voted AYE. Bugle -glad to see more parking Remy -terrific application, well planned and addressed Taylor -agree with Jane Remy McMullen -great job, great for Brewster Pierce -favorite place, agree with all above Motion to CONTINUE to January 24, 2007 at 7:20 PM and draft a Special Permit in favor. Motion by Pierce. Bugle - Second. All voted AYE. Planning Board Meeting 01-10-07 Page 3 of6 INFORMAL DISCUSSION 2. Bittersweet Drive-Attorney Strauss Henchy- after last meeting the Planning Board asked Town Counsel for an opinion on the issue of Victor Staley's authority. Summary of Town Counsel opinion; No enforcement issue Planning Board could not enforce a connection to a private road Association issue Land Court certificate in 1928-Pinelands Park Recourse is court litigation Pierce -what is the situation with the fence on the property line Henchy-Pinelands Park is entitled to build up to the property line, not over 6 feet high Pierce - is the good side facing out Staley - no conditions for that unless in Historic District: local adoption not in Brewster Henchy- read the letter from Paul Bernatti of Zissori and Veara (Town Counsel) dates January 9, 2007 Strauss-will study the letter, reserve the right to challenge in the future. Asked Planning Board to make formal ruling so we have something to appeal.- formally accept Town Counsel ruling Bugle -stated this is an informal hearing Henchy - we have no jurisdiction Staley - if the Planning Board makes a decision there can be no appeal, they can only appeal the Zoning Agents decision 3. Square One Bistro-Chronos Kalivas Staley- issues to be addressed for the property at 280 Underpass Road; parking lot, alterations to the septic and eliminate the bike shop parking Henchy -will it continue as a restaurant Kalivas -yes Henchy -asked about the 25 parking spaces Kalivas- 28 spaces McMullen -how many seats in the restaurant Kalivas -about 84 with the deck Staley- can request to amend original Special Permit to shrink parking from 10' to 9 'and eliminate landscape island Kalivas -spoke to Fire Department and they do not like the islands. Henchy -are you asking for relief of parking spaces. Kalivas -yes Planning Board Meeting 01-10-07 Page 4 of 6 Henchy - we have that authority Bugle -would rather see 10' spots and waive the number of spaces Henchy - at 10' they would only lose 1 or 2 Kalivas -presented Plan 2- with 10' spaces marked Henchy -will you pave the lot Kalivas -concrete toes, paved handicapped, gravel lot. Remy -plan says 75 seats Henchy -file an amendment to Special Permit for 25 spaces, gravel parking lot, with toes, 84 seats McMullen -why 10' not 9' Bugle -bigger cars and vans McMullen -waive number of seats Kalivas - do we come back for approval Henchy -just file, automatic approval 4. Bickford Path-John Mostyn Richard Perry (Attorney) represented Mr. Mostyn Mark Joy (Coastal Engineering) Perry - to modify a 1978 Subdivision Plan. Need to discontinue access over Dune Road Extension and substitute Bickford Path. This conforms to court order of July 30, 1999 and formalizes it. Still using the extension for utilities and water. The easement was set in 1970. No longer need Dune Road Extension for construction because the houses are built and occupied. Henchy- is this easement a 40' layout Perry- yes, constructed of stone and dirt. Remy -does the cul-de-sac stay the same. Perry -needed for frontage Pierce -who is the easement granted to. Perry -Walps of SeaPines ,runs with the land forever. Three lots access off this. Henchy- everyone in agreement except for utilities. How should this be done? Perry - as a modification of original Subdivision Plan: reference # 323 page 88, approved may 2, 1978 Henchy - we will need a Motion to modify Plan to discontinue Dune Road access per agreement between Porter and Greenberg and owners of Lot 1+2. Legal hearing needed. We could waive road design. Pierce- can you keep the cul-de-sac without the road Remy -keep the road just discontinue use. Planning Board Meeting 01-10-07 Page 5 of 6 Perry- cul-de-sac provides frontage; road with construction waivers and continue Bickford Path into cul-de-sac Henchy-will you file this application Perry -yes Henchy - we will need Fire Department comments and we can go forward 5. Myer Singer Myer Singer (Singer + Singer) -submittal for consideration of Warrant Article; to repeal VB district requirements for residential s.f. and commercial s.f..and to alter 179-136's requirement of 60,000 s.f for residential, to not apply in VB zone. Take the confusion out of the Bylaw. Henchy -within your rights to file this application Singer -after you hear from the public, we would like your (Planning Board) support Remy -the only way to find out is to go to the town with this, it is your right. Henchy -any other business. Motion -Bugle to adjourn Second -Remy Vote 6-0-0 Respectfully submitted, ~. Marjorie fierce/Clerk Marilyn Mooers/ ecretary 60: ll~ ZZ 83~ L0. _.; ,~~~~ Planning Board Meeting 01-10-07 Page 6 of 6