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HomeMy Public PortalAboutPlanning Board -- 2007-01-24 Minutes \~~~~~`\~~\\11U~11E Il~llsll//ij~//ii ~~ ~ ~ ~ ~ g9 ~ 'p ~% O ~~ O F~CJ Y ~~~ x ,nr v a~ D '_ - _- =Y ~~. ~-~ ~~iiiii ~~ ~ i! n r r ~ i u~ i u 4 ti u ~~~ 1~~~\`° Date Approved: February 28, 2007 Brewster Planning Board ~""' 2198 Main Street ~ Brewster, Massachusetts 02631-1898 ~ (508) 896-3701 gREWSTER BICENTENNIAL FAX (508) 896-8089 0 O TOWN OF BREWSTER MINUTES OF PLANNING BOARD Wednesday January 24, 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, Pierce, Bugle and Remy present. Tubman and McMullen were absent. Minutes of the January 10, 2007 meeting were deferred until the next meeting. LEGAL HEARING CORRIDOR OVERLAY PROTECTION DISTRICT - #COPD 2007-01 -Applicant/Owner; Underpass Road Real Estate Trust. Located 0 Underpass Road, Assessor's Map 27, Parcel 17-1. Construction of a 6,000 s.f. building and associated parking area. Present for the Applicant- Robert Perry, Cape Cod Engineering and Ray Parks, owner. Sitting on the hearing were members: Henchy, Taylor, Bugle, Pierce, Tubman and Remy. Chairman Henchy opened the hearing April 18, 2006 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. Perry- Reviewed with the Planning Board the application as presented. The proposed project involves construction of a 6,000 s.f. (over-all dimension) building and associated parking area. Related ground restoration work using primarily native species adjacent to the parking area and drainage system work. The proposed parking area will be of!properly dimensioned bituminous pavement with a significant drainage system to handle the storm-water. Lighting will be directed downward and away from public view. Portions of the proposed project affect a wetland buffer zone. The Conservation Commission has approved the project. Ample room for this use, 1/3 of the site will be left in a natural state. Town water on all sides for Fire protection. Line of site is excellent. No significant number of employees thus trip production is low. Bugle -front of the building is metal, it shall be covered. Parks - no problem with that, the front has a lot of doors. Vinyl shakes. Planning Board Meeting Page 1 of 7 01-24-07 Bugle -that would look better. Remy -What is the distance form the street? Perry -Underpass to the edge of the parking lot is about 68 feet, 82 feet to the pavement and 136 feet to the building. Remy- are you the only occupant of the building? Parks- YES, this building will put the trucks inside. The land will be cleaned up. Remy- who did the work on the drainage? Parks -The town and Mosquito Control found the drain pipe and cleared it. Perry -the drain connects from the property away, runoff from this site is clean with pre treatment, through swale then to a low point. Taylor- When you face the building, vinyl shakes would be great and getting the trucks etc. inside will be wonderful. Parks- it will be easier to work on old antique vehicles inside. Taylor- what is the little bump out on the plan with a "G"? Perry- green space Taylor- Has the Fire Department seen that? Perry- 3 inch high berm with shrubs can be driven over. Pierce- what is meant by few or temporary employees? Parks- son works sometimes when home from college, noway to predict the number of employees. Henchy- read the letter from Victor Staley dated January 22. 2007 to the Planning Board. Regarding 67 D (3) of the Zoning Bylaw, parking in the front. If Commercial Street is now the front that leaves one space there. That can be waived by the Board in the Special Permit. Henchy read the Department Reviews; Conservation- Order of Conditions on file, dated 1-9-07 Police- No issues HDC-not in district Health- No comments Fire-REQUIREMENTS-each unit will be numbered for Commercial Street, drive will connect with lot to the north- main entrance off Commercial Street, appropriate fire extinguishers based on occupancy, tenants will be inspected as Indicated by occupancy, and alarm systems could be required based upon occupancy-urge a master heat detection system. RECCOMENDATIONS-sprinkler the building. Henchy- after all comments, this is a complete application providing a needed facility for the town but it is the ugliest building in town. It is important to have Underpass Road look better. A different front would be advantageous. Bugle- I recommend vinyl cedar shakes. Henchy-final permit may condition this with no outrageous colors. Henchy-Open discussion to Public Input No one spoke to this issue Planning Board Meeting Page 2 of 7 01-24-07 Bugle- Motion to Close to Public Input. Second-Taylor. All voted AYE. Bugle -good plan, appearance issue handled. Remy- no problem, great to see change to shingles Taylor- agrees Pierce -agrees Henchy- agrees Bugle -Motion to Draft a Special Permit approving the application on condition 1) clear DPRC and 2) secure a Variance, if applicable, regarding Conservancy Soils. We will waive 1 parking space on Commercial Street (front) and require vinyl shakes for front of the building. Second -Pierce. All voted AYE. CORRIDOR OVERLAY PROTECTION DISTRICT - #COPD 2006-24 -Applicant/Owner; Jane C. Potter, Lemon Tree Village Realty. CONTINUATION Henchy -read findings and conditions discussing the draft of the decision Taylor- Nothing was said of parking in front or on the street. Pierce- Condition #6 (referring to Flex Bus), the applicant will pay for this extension. Jillian Douglass- currently there is no cost related. They are going to stop there. Remy- Then we can delete Condition #6 All agree. Douglass- question of noise and amplification- prohibit entertainment license. They do have the Steel Drum Band but no amplification. Henchy- what is the feeling of the Board? Pierce- amplification makes the difference. Bugle- Motion to finalize the language of the Special Permit with corrections. Second -Remy. Vote: 5-0-0 Henchy AYE Bugle AYE Pierce AYE Remy AYE Taylor AYE INFORMAL DISCUSSION 1. Jillian Douglass- Buggy Whip/Doeg, Harrison, Hill Subdivision Jillian Douglass and Victor Staley Henchy- something has to be done about this area, Bridle Path and Wiffle Tree are unacceptable. Douglass -the residents should expect a safe and reliable access. Henchy- conditions have contradicted the principles of the subdivision approval. It is the town's responsibility for safe and reliable access, This has to be resolved, and the Town may repair and send the bill to the neighborhood. Harrison Hill subdivision was to improve the roadway into Bridle Path. Planning Board Meeting Page 3 of 7 01-24-07 Douglass- we have a video tape that shows the area prior to the Doeg subdivision. The verbal comments state what he intended to do for this area. The voice is not identified on the tape. Construction vehicles made it worse. Staley- Design may have been flawed as it is washing out on the south side of Buggy Whip. DPW may be able to help. Douglass- if it was determined the design and conditions were not sufficient, is there an opportunity to go back and re- negotiate. It should have been paved. An analogy in other areas "cause interference with any in existence, new person fixes the problem". Henchy-who is responsible? Douglass- No record of a Bond being held or collection of a Bond. Bugle- It may be tied up with the Water Department. Douglass-We will look into that possibility. Bugle- the road is paved to the intersection but damage from construction vehicles, he could negotiate. Staley- the Building Department could freeze the remaining lots. That may encourage negotiations with Mr. Doeg. Pierce-what about the section of Buggy Whip not there, was that part of the subdivision? Henchy- No, Lot 88 and 92 Pierce- Lot 90 uses Horse... Lane. Douglass- access to 91 to Buggy Whip Pierce- nothing to do about 88 + 92 Henchy- can't put a fence or dump materials into the road as they have done. Told to remove these. Staley- this is a violation or they prove through a survey that it is their property. Garfield Tollas - As of July you can get through but in September and October it drops 3 feet. They have put a truck load of gravel on the southern end. Douglass- we will send a letter to the owners Staley- Not within my authority. The Planning Board may order me to request this to be done Douglass- who should have the authority to do that. Henchy -Planning Board is required to mandate all season access as a requirement of a subdivision. Bugle- we handle road betterments. Henchy- Planning Board authorized road layout, now closed by private action, we have the right to ask Mr. Staley to establish the boundaries. Remy-shouldn't the Association be sent a letter? Douglass- How far is our authority? Henchy- the big question is how to pay for this repair? Bugle-the original subdivision was in 1970. Planning Board Meeting Page 4 of 7 01-24-07 Henchy-Town road-town owns, private road is laid out and open to public but town does not pay for maintenance. Bugle- the original road structure is passable and usable-no impediments. Fire Department insists it be clear. Tollas-Private road but things are across it and in the way, who is responsible. We can't allow a resident to put a fence in the road. Staley- This is a trespass issue. Motion by Elizabeth Taylor to direct Victor Staley to examine the fence in the layout of the road. Second -Bob Bugle. VOTE 5-0-0 Taylor- what else can be done about the fence and trash? Henchy-did the developer turn over the fee to the road to the Association. Douglass-YES, we will come back periodically to keep you up to date. Henchy- recommend to homeowners, write a letter to explain. 2. Chronos Kalivas-Square One Bistro-Resolution to accept revised plan prepared by Bennett + O'Reilly, dated January 8, 2007, 25 spaces each 10 feet wide. Henchy -presented letter by Mr. Kalivas dated January 16, 2007 to the Planning Board Motion made by Marjorie Pierce to amend SP2004-20 according to Brewster Bylaw 179-67 D and E, 179-22 Table 4 and 179-23 A(2) in accordance with the above mentioned letter referenced as a), bland c). Referenced map by Bennett and O'Reilly #99-2406, dated 01-08-07. Second -Bob Bugle. VOTE: Bugle AYE Remy AYE Taylor AYE Pierce AYE Henchy AYE 3. Questions of Victor Staley Cluster zoning was changed in 2002. Setbacks cut to'/z.. Can that go to older clusters as well? Bugle- approved on that time frame. Taylor -older cluster frontage 10 feet. Bugle -not retroactive. Douglass -flip side of grandfathering Staley -can grant further rights. Bugle -not more restrictive Staley - no plans to ever talk about setbacks. Pierce -can make things more restrictive, not less. Douglass- get an opinion if they come before to apply for revision. Planning Board Meeting Page 5 of 7 01-24-07 Henchy- to change setbacks it modifies the subdivision and they need unanimous consent of owners and their lenders. Pierce - I agree with the Chairman Staley- that sounds appropriate. 4. Approval of Minutes Motion by Marjorie Pierce to accept the Minutes of March 1, 2005 as corrected. Second -Elizabeth Taylor VOTE: 5-0-0 Motion by Marjorie Pierce to accept the Minutes of April 4, 2006 as corrected. Second -Elizabeth Taylor VOTE: 5-0-0 Motion by Marjorie Pierce to accept the Minutes of April 18, 2006 as corrected. Second -Jane Remy VOTE: 5-0-0 Motion by Bob Bugle to accept the Minutes of May 17, 2006 as corrected. Second -Elizabeth Taylor VOTE: 5-0-0 Motion by Bob Bugle to accept the Minutes of June 6, 2006 as corrected. Second -Jane Remy VOTE: 5-0-0 Motion by Bob Bugle to accept the Minutes of June 14, 2006 as corrected. Second -Elizabeth Taylor VOTE: 5-0-0 Motion by Bob Bugle to accept the Minutes of June 28, 2006 as corrected. Second -Elizabeth Taylor VOTE: 5-0-0 Motion by Bob Bugle to accept the Minutes of July 12, 2006 as corrected. Second -Marjorie Pierce VOTE: 4-0-0 Motion by Bob Bugle to accept the Minutes of August 9, 2006 as corrected. Second -Elizabeth Taylor VOTE: 4-0-0 Motion -Bugle to adjourn Second -Taylor Vote 4-0-0 Respectfully submitted, . . Marjorie fierce/Clerk Planning Board Meeting Page 6 of 7 01-24-07 o m ;~ 3 + ~ , 1 - ~p ~D N '~ ~ J Planning Board Meeting 01-24-07 Page 7 of 7