HomeMy Public PortalAboutPlanning Board -- 2007-03-14 MinutesAnd to further revise Table 1, "Use Regulations" of Section 179-11 of the Zoning Code, "Wholesale and
Manufacturing", and insert the following wording:
R-R R-L R-M C-H V-B I MRD PWF
10. Building and
Construction Trades -
Shop or Garage
or take any other action relative thereto.
(Two-Thirds vote required)
Henchy- is the Board happy with this article?
Pierce- Yes
Open to PUBLIC COMMENT
No one addressed the issue at this time
McMullen- I don't understand this issue
(Planning Board)
Henchy- no provision to rent out "bays" now and therefore we are in violation of the zoning codes.
McMullen- use is confused with zoning. Bays in commercial/high density area are allowed.
Henchy- this is to accommodate the tradesman that has been working out of his home but has outgrown the
space; ie: handyman, plumber etc.
McMullen- taking the area of Underpass Road and making it into a tradesman area, what are we doing? It will
become an industrial zone instead of retail.
Bugle-commercial condos
McMullen-a town center
Pierce- it has become an industrial zone now.
McMullen- encouraging more is not good for the Town.
Jillian Douglass-was suggested to relate to issues of small businesses in residential areas- rectify and be a
solution for need for trade bays,
Bugle- serious erosion of Underpass Road.
McMullen- not against what you are trying to accomplish, just where? Consider another area for business bay
development.
Henchy- if not there, where?
McMullen- look for a place for this.
- - S - - -
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McMullen- RR district area for rezone.
Pierce- Millstone and Long Pond is CH
Henchy- very small.
Bugle- could we expand that?
Henchy-difficult.
Taylor- Freeman's Way outside Zone 2, Underpass retail is eroding quickly.
Douglass- that is where. it is currently allowed. Encroachment on residential. In CH area it is happening-not a
permitted use.
Henchy- many have not been issued Special Permits.
Taylor- a lot not permitted but allowed to be. Stretches on Freeman's Way not developed out of Zone 2. We
have to plan.
Bugle- not just knee jerk
McMullen- I would like to table this or remove it and get busy and look at where we can go.
Henchy- RR further reaches of Town, real need for this facility, no retail development on Underpass Rd.
Taylor- do mixed use, upstairs apartments, revive retail areas.
Douglass- mixed use will address retail issue, currently allowed in other areas.
Henchy- a) there is a need, 2) Underpass Road- retook. Mistake to vote down.
McMullen- 5-10 years down the line, what might want to come into this area. As a Board we should find
another area for trades people.
Motion by McMullen to pull Article 24 from the Warrant.. Second- Taylor. VOTE 5-1-0
Bugle YES
Remy YES
Taylor YES
Pierce YES
Henchy NO
McMullen YES
ZONING BYLAW AMENDMENT/SIGN REGULATIONS
ARTICLE N0.25To see if the Town will vote to amend the Code of The Town of Brewster, Chapter 179, also
known as the Zoning Bylaws, Article VI Signs, Section 179-20., "Signs permitted in residential districts",
Section A. "Residential uses (no permit required), to add a new subsection (4} to read as follows:
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03-14-07 Page 3 of 8
(4) One (1) "subdivision identification sign" to identify the name of a residential subdivision or
associated neighborhood, free standing or attached to a permitted structure, fence, wall or a rock,
not to exceed nine (9) square feet in area.
Or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
Board Comments-none
Open to Public Input
No one spoke to the issue
Motion by Bugle to endorse Article 25 as published in the Town Warrant. Second- Taylor. All Voted AYE.
ZONING BYLAW AMENDMENT/ DEFINITION OF PRINCIPAL BUILDING
ARTICLE NO. 26To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts,
Chapter 179 (The Zoning Bylaw), by DELETING the current definition of "BUILDING" and adding a NEW
DEFINITION" of "BUILDING PRINCIPAL" to Section 179-2 which shall read as follows:
BUILDING, PRINCIPAL: The structure in which the primary use of the lot is conducted, including porches,
patios, decks, utility buildings and any other attached projections of the structure. The principal structure shall
include a structure, whether portable or fixed ,wholly or partly enclosed within walls, party walls and roof, built,
erected and framed of component structural parts, designed for housing, shelter, enclosure and support of
individuals, animals or property of any kind. For purposes of this definition, "roof' shall include an awning or
similar covering, whether or not permanent in nature.
Or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
Bugle- not comfortable- serious ramifications through the zoning code.
Henchy- text came from the Zoning Agent
Remy- in favor of this comes up all the time in the ZBA.
Taylor- how does he determine the principal building, the one they live in?
Pierce- in favor, helpful to be spelled out.
McMullen- in the middle, if it makes it easier for the Zoning Agent I am in favor.
Open to Public Input
Douglass-Victor Staley requested this definition for "building" and "building accessory".
Myer Singer- switch his problem from one thing to another, "primary use or secondary use" just another
phrase.
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McMullen- are we mixing use and zoning
Henchy- home occupation rules "inside principal building"
McMullen- if the Zoning Agents wants this it is his issue.
Douglass- it is a clarification
Motion by Pierce to approve Article 26 as published in the Town Warrant. Second- McMullen..
VOTE: 5-1-0
McMullen YES
Bugle NO
Remy YES
Pierce YES
Taylor YES
Henchy YES
ZON/NG BYLAW AMENDMENT/ LOTS IN TWO TOWNS
ARTICLE NO. 27 To see if the Town of Brewster will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 (The Zoning Bylaw), by adding a NEW SUBSECTION "F" to Section
179-5, law shall be applied to that portion of the lot which lies in Brewster in the same manner as if the entire
lot were situated therein; i.e., the entire area and frontage shall be considered in determining conformity to the
dimensional requirements herein. The use of the portion of the lot in Brewster shall conform to the provisions
herein.
or to take any other action relative thereto
(Two-thirds Vote Required)
Comments- None
Open to public Input
No one spoke to this Article
(Planning Board)
Motion by Bugle to approve Article 27 as published in the Town Warrant. Second-Taylor
All VOTED AYE..
ZONING BYLAW AMENDMENT/CITIZENS PETITION
ARTICLE NO. 28: To see if the Town will vote to amend the Code of the Town of Brewster,
Massachusetts, Chapter 179, also known as the Zoning By-laws, 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 which currently are:
Yards
District Use Area Lot Frontage Front Side Rear
square feet) (feet) (feet) (feet) (feet)
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03-14-07 Page 5 of 8
V-B Any other permitted 15,000 80 30 15 15
structure or principal use
and substituting the following under the same, respective use and dimensional headings and adding a new
note 16 to said Table 2.
V-B Any permitted residential 20,000 80 30 15 15
structure (16)
Any other permitted 15,000 80 30 15 15
structure or principal use
(16) The provisions of Section 179-13.B shall not apply to the V-B Zone.
or to take any other action relative thereto.
(Two-thirds Vote Required)
(Citizens Petition)
Myer Singer- explained the history behind this Article. 60,000 s.f. for a home, in VB district 15,000 s.f.
residential/commercial. ZBA upheld the Zoning Agent that 60,000 s.f. is the regulation. Appropriate to seek
clarification. Map 30 Lot 006 was originally in one ownership. Land divided, now under current business use.
Zoning Bylaw now allows dwelling unit-accessory by right. Not limited to owner of the business. One
business and one apartment per lot, or an affordable apartment. That equals one business and residential use
on each lot. If you took away the business, less intense. Changes density does not take away business use.
Second alternative for use of the land is three 60,000 s.f. lots, that is not a likely use for this land. To justify it
equals large homes, higher price, not the best use of this land. What is best for Brewster? Mr. Singer then
reviewed the survey taken in 1991 and later in 1998/99as to what the people of Brewster want for their
town.Request Planning Board support. Continue this hearing and explain to the community.
Henchy- Town Counsel took the same opinion as ZBA. I supported this the first time though the implication
was limited. VB district all over will get chopped into 20,000. s.f. lots.
McMullen- change zoning in every VB area not just this one-open the flood gates.
Singer- if concerned about others, no objection to limit to one spot.
Taylor- that is spot zoning.
Singer- surrounded by business uses, this can be locally separated.
Henchy- one lot would be spot zoning
Singer- series of 9-10 cases looked at, a fair amount of law on spot zoning.
Henchy- mechanics of a continuation- mess with the warrant and advertising.
Singer-Planning Board give opinion at Town Meeting.
Bugle- very little VB area left, look ahead, if it goes residential it will be lost. If we did the survey today it may
be totally reversed.
Pierce- I agree with Mr. Bugle, horrified by the implication. We have a 60,000 s.f ruling, why change for one
area of town. VB is called Village Business-designed to have people living with business.
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03-14-07 Page 6 of 8
McMullen- If Two decided residential should be 60,000 s.f. that is how it should be.
Henchy- a lot of decisions were made based on that survey.
Pierce- a strong vote for VB district.
Peter Soule- is against the Article. I live on Vesper Pond Road and it is pretty dangerous coming out at that
intersection. One entrance to this property is preferred. Property across 6A is all commercial. Lights are on
late etc...
Greg O'Brien- support this Article; reality of what would go in there. This is the best use of the land. No one
is opposed to business in Brewster.
Taylor- last area for business. To remove it go to Town Meeting to completely change the zoning to
residential. Can't give up the possibility of retail development. Hope one driveway. Don't like this idea.
Remy- partially agree. If owners want to change the zoning on this property, go to Town Meeting-ask for a
change.
Jillian Douglass- owner can apply for a Comprehensive Permit-override the lot size.
Singer- specifically did not mention 406; however we have to analyze that point of view. 30 apartments, 3
bedroom units or 89 bedrooms. Not desired at that density- proposed 8 houses as an alternative.
Douglass- specifically raised not a threat but a beneficial project.
McMullen- could be done on any piece of property in town.
Motion by Bugle not to support Article 28 as published in the Town Warrant. Second-Pierce
VOTE 5-1-0
Henchy NO
Pierce YES
Remy YES
Taylor YES
McMullen YES
Bugle YES
Motion by Bugle close Public Hearing. Second-McMullen. VOTE all AYE
Informal Discussion
Continuation of hearing on Modification of Special Permit COPD SP2004-20 issued to David Smith September 21, 2004.
Property owned by Chronas Kalivas. 282 Underpass Road, Map 26 Lot 104-1.
Motion by Pierce to approve the draft as written. Second- Bugle. VOTE all AYE
COMPREHENSIVE PERMIT (40B) DISCUSSION-
Mark Zippo (White Rock Commons), 157 South Orleans Road. Map 52 Lots 31-1 and 33-1 he Applicant seeks a
Comprehensive Permit under MGL 406, sections 20-23 and 760 CMR
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03-14-07 Page 7 of 8
30.00 and 31.00. The proposal includes re-subdividing the land into two parcels to include 24 single-family dwelling units
under condominium form of ownership on new Lot 1 and one relocated house on new Lot 2
Discussion of Planning Board Review letter to be sent to ZBA.
Motion to adjourn made by Pierce, second by Remy. All vote AYE
Respectfully submitted,
r /~ •,
Marjorie fierce Cleyr/k~+ ,/
Planning Board Minutes
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