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Home My Public Portal AboutPlanning Board -- 2007-02-28 Minutes\\\`~\4~~RE W a,9 '~'¢ iii O .~ o Fh~ ., ,,. ~r ~,~, 3o arD N O .y _ ~ ~ ~ -~ - .~ ~ fC RPORAtE~ ~~\\\\` Date Approved: March 28, 2007 Brewster Planning Board 2198 Main Street (508) 896-3701 FAX (508) 896-8089 ~•-~ BREWSTER BICENTENNIAL N O O TOWN OF BREWSTER MINUTES OF PLANNING BOARD Wednesday February 28, 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, and Remy present.. Bugle, Tubman and McMullen were absent. 7:OOPM Minutes of January 24, 2007 were approved as corrected. INFORMAL DISCUSSION 40B APPLICATION REVIEW- WHITE ROCK COMMONS, 157 So. Orleans Road, Map 52 Lots 31-1 and 33-1. ApplicantlOwner: Mark Zippo. Further discussion was convened regarding White Rock Common 40B. All Board members had been sent the application folder for review. Pierce- according to waivers requested, they will be allowed certain things; s.f. of building lots and setbacks. Can these be negotiated as well as the number of lots. Taylor- comment on waivers, if they disagree at least we made our comments known. Henchy- asking to waive residential subdivision regulations. The Board can support or disagree. There was discussion on road "surface" -last over an extended period of time. Waive the width requirements. Taylor- they asked for 12 feet, doubt the Fire Department would allow that. Henchy-plans show a gravel road, but this is changed in the letter. Pavement to 14' to meet Fire Department Requirements. Will talk to Roy Jones. Taylor- "road surface" is not the road bed. Pierce- plan doesn't show any place to park visitor's cars. Henchy- 40 foot layout with firm shoulders. g~: 6d Planning Board Meeting Page 1 of 8 02-28-07 LEGAL HEARING-MODIFICATION 7:30PM AMEND PREVIOUS SPECIAL PERMIT -CORRIDOR OVERLAY PROTECTION DISTRICT-#COPD 104-4. Reducing the size of a previously approved project. Present: Daniel Poitras, the applicant. Sitting on the hearing were members: Henchy, Taylor, Pierce, Tubman and Remy. Chairman Henchy opened the hearing February 28, 2007 by reading the legal advertisement and making the applicant and parties ih 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. Poitras-original wrap around deck and addition, after the new septic was installed we decided to reduce the scope of the project. Henchy-the money for the addition went into the septic. Any change in parking? Poitras-none at all. Department Review Comments; Board of Heath- new septic meets all requirements Water- no comment Police- no comment DPW- no comment DPRC-scheduled March 7 Henchy- reduction of scope has minimal impact on traffic MOTION to Close to Public Input. MOTION by Pierce, SECOND by Taylor All -"Aye" MOTION to Approve Modification of Special Permit MOTION by Pierce, SECOND by Taylor. Roll call vote Remy - "AYE", Taylor -"AYE", Henchy -"AYE", Pierce- "AYE", and Tubman- "AYE" MOTION TO Close this Public Hearing. MOTION by Pierce, SECOND by Tubman All- "AYE" LEGAL HEARING 7:45 PM LEGAL HEARING -CORRIDOR OVERLAY PROTECTION DISTRICT - #COPD-2007-03. Applicant/Owner; Robert Stavin. Located at 3256 Main Street (Cobies), Map 13 Lot 43-2. Deck replacement and shed, behind existing restaurant building.' Present: Robert Stavin (the Applicant), and Joseph Lee (Builder) Sitting on the hearing were members: Henchy, Taylor, Pierce, Tubman and Remy. Chairman Henchy opened the hearing February 28, 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. Planning Board Meeting Page 2 of 8 02-28-07 Slavin- in the process of replacing the shed, the Zoning Agent went over the records and found no record of our deck or parking plan. He requested an updated drawing with the parking and seating approved by the Planning Board. Haven't expanded, justify what is there now. Henchy- this is already in existence. Slavin- since June 23, 1948 Henchy- Cobies, then as it is now, effectively grandfathered. Slavin- need a site plan, with deck extension. Henchy-increase in floor area more than 500 s.f. Slavin- 2 other areas; back deck and shed. Lee-no record of old deck. Mr. Slavin Sr. can't remember who did the original work. Parking-new codes realigned and readjusted. Over by 14 spaces. Bring up everything to the Town. Tubman-was it the Zoning Agent's request triggered because the original plan did not have the deck? Slavin- did not have any original plan. The plan now was done for the house, not accurate for Cobies. Mr. Staley said a new plan was not necessary. Henchy- pre-existing, grandfathered. Not a change of use. Operation in COPD district. Transportation standards- it had been operating for 26+ years, the site distances could be better at the top of the hill. Slavin- people use the front drive as a turn around. Henchy-no problem turning right but going left is a slight problem. How many accidents there? Slavin- 5-6 over the past 20 years. Henchy- do you have bike rack? Use by the Rail Trail people. Slavin- YES. Henchy- curb cuts are there. Setbacks OK. Lee- at least 60 feet. Henchy- no need for adjacent driveways. One driveway by right. Can the driveway be marked entrance/exit or use both? Slavin- both. Henchy-that is grandfathered. Parking design-more than adequate. Where is loading and unloading? Slavin- next to the building on Orleans side. Most parking is to the rear. Henchy-drainage and catch basins. Lee- front designed for runoff, rear is 1" crushed stone away from 6A Henchy- landscaping- is what it is. Is there an exposed storage area? Slavin- NO Henchy- building character-it sets the character. Planning Board Meeting Page 3 of 8 02-28-07 Department Review Comments; BOH-needs an inspection DPW-OK DPRC-Scheduled March 7 Taylor- upgrade to Title V, how many to seat? Slavin- 120 Taylor- bathrooms? Slavin- Port-a-potty because of the zone Taylor- up to date site plan needed. Slavin- in the Fall we are planning to rebuild the house, we will need to do it then and Cobies then. Pierce- is there any way to improve exit/entrance. Tubman- no further comments Remy- no further comments Slavin- Victor Staley suggested entrance Brewster side and exit Orleans side. Remy- state road, nothing will be done. MOTION to Close to Public Input. MOTION by Remy, SECOND by Taylor All -"Aye" MOTION to Approve Special Permit with the condition we will receive a site plan later. MOTION by Taylor, SECOND by Remy. Roll call vote Remy - "AYE", Taylor -"AYE", Henchy -"AYE", Pierce- "AYE", and Tubman- "AYE" MOTION TO Close this Public Hearing. MOTION by Remy, SECOND by Taylor All- "AYE" 8:OOPM LEGAL HEARING - CORRIDOR OVERLAY PROTECTION DISTRICT - #COPD 2007-02- Applicant/Owner; Michael Schaffer, Located at 2380 Main Street, Assessor's Map15, Parcel 154. Remodel first floor of barn to comply with code for a mercantile, retail or business office space. Present: the applicant Michael Schaffer Sitting on the hearing were members: Henchy, Taylor, Pierce, Tubman and Remy. Chairman Henchy opened the hearing February 28, 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. Department Review Comments; BOH- Septic.lnspection needed. DPRC-will meet March 7 Planning Board Meeting Page 4 of 8 02-28-07 HDC- notify if any exterior changes and handicap ramp Schaffer- new Title V 3-4 years ago. Henchy- you want to remodel 1St floor and continue Antique Shop. Schaffer-it has been vacant so long, use needs new approval. No tenant set yet. Henchy-where is 2384 Main Street? Schaffer-across from Longfellow's, with the large beech tree Henchy- 7 parking spaces on the side, dirt driveway, wetlands in the back. How long has it been there? Schaffer- 1854- Captain William Foster Remy- next to the Brass Bell Schaffer- correct Henchy- that is a permitted use. Schaffer-hope to be just the landlord. Henchy- read the narrative from the application. Question regarding traffic and number of trips. Schaffer- low impact Henchy- what about walkways. Schaffer- across the front of the barn and strip. Henchy- concrete toes? Schaffer- landscape timbers Henchy-driveway 50 feet apart- predates COPD Remy- usually don't approve without known tenant. Kind of broad. Apartment has been there a while. Schaffer- approved for a while, not occupied.. Barn was taken down to the foundation and worked back up. Taylor-any restrictions on uses. You should come back when you get a tenant. Should be a condition. One spot designated for handicapped, usually hard surface needed not gravel. Are the parking spaces new? Schaffer- No, existing. Taylor-gravel is good for storm water issues, added lighting? Schaffer-nothing in the rear, just over the door. Taylor- is the apartment affordable? Schaffer- inlaw Taylor- may be security apartment. Schaffer- in the VB district inlaw or affordable only. Planning Board Meeting Page 5 of 8 02-28-07 Pierce- any anticipated loading Schafer just the front door Pierce- trash? Schaffer- no dumpster, just covered barrels. MOTION to Close to Public Input. MOTION by Pierce, SECOND by Remy All -"Aye" MOTION to Approve Special Permit with condition 1) To return when tenant is acquired 2) Hard surface for handicapped parking MOTION by Taylor, SECOND by Pierce. Roll call vote Remy - "AYE", Taylor -"AYE", Henchy -"AYE", Pierce- "AYE", and Tubman- "AYE" MOTION TO Close this Public Hearing. MOTION by Taylor, SECOND by Remy All- "AYE" CONTINUED LEGAL HEARING 8:15PM CORRIDOR OVERLAY PROTECTION DISTRICT - #COPD 2007-01 -Applicant/Owner; Ray Parks, Underpass Road Real Estate Trust. Present: the Applicant- Ray Parks and Robert Perry (Cape Cod Engineering) Sitting on the hearing were members: Henchy, Taylor, Pierce, and Remy. Not enough members for quorum; asked Mr. Parks if he was willing to accept Amberlyn Tubman as a substitute. Parks- Yes Taylor- color of vinyl siding? Parks- natural or weathered look. Henchy- conditions listed, stipulations standard. Decision was reviewed and accepted as written MOTION to Approve Special Permit as written MOTION by Taylor, SECOND by Tubman. Roll call vote Remy - "AYE", Taylor -"AYE", Henchy -"AYE", Pierce- "AYE", and Tubman- "AYE" LEGAL HEARING 8:30PM LEGAL HEARING - CORRIDOR OVERLAY PROTECTION DISTRICT- #COPD- 2007-06. Applicant/Owner: Curtis Collias, 235 Underpass Road, Assessor's Map 27, Parcel 2003-2. Add takeout fried seafood to existing fish market, no change in hours of operation. Present: the Applicant- Curtis Collias Planning Board Meeting Page 6 of 8 02-28-07 Sitting on the hearing were members: Henchy, Taylor, Pierce, Tubman and Remy. Chairman Henchy opened the hearing February 28, 2007 by reading the legal advertisement and making the applicant and parties in interest aware of their r~hts to appeal as reauired under Cha, t2er 40A Section 17 He statPr~-that d~~rina the hearing any member of the Board or interested party could direct questions through the Chairman to a speaker relating to the proposal. Henchy-any changes at all Collias- 4 tables in front, outside,door with dutch style for takeout Henchy-same hours as the fish market? Department Review Comments; BOH- septic system not designed for seats, kitchen plan will need approval from BOH Building- DPRC scheduled for March 7 Fire- Hood protection must meet today's standards, properly located fire extinguishers, house numbers properly located, CO and smoke detectors in apartment must be working Henchy- read the narrative as presented, no bathrooms? Collias- No bathrooms, BOH meeting next week. Henchy- paper plates. Pierce- separate register for takeout? Tubman-great idea. Remy- fine idea, changes the nature of business, what if the food does better that the fish market? Collias- most fish market have fried food to be viable. Will be no change to the fish market. Remy- what if you find you need to increase takeout? Henchy- not much more room. Collias- stay open longer in the year. Taylor-how many big trees are coming down? You should probably keep the shade trees. MOTION to Close to Public Input. MOTION by Tubman, SECOND by Remy All -"Aye" MOTION to Approve Special Permit with condition; 1) present landscape drawings 2) 4 fivefoot tables MOTION by Remy, SECOND by Tubman. Roll call vote Remy - "AYE", Taylor -"AYE", Henchy = `AYE", Pierce- "AYE", and Tubman- "AYE" MOTION TO Close this Public Hearing. MOTION by Pierce, SECOND by Tubman All- "AYE" MOTION TO adjourn MOTION by Pierce, SECOND by Tubman ALL-AYE Planning Board Meeting Page 7 of 8 02-28-07 Respectfully submitted, ~~~ ~ , Marjorie Pierce/Clerk Planning Board Meeting Page 8 of 8 02-28-07