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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 - - - Planning Board Minutes 03-14-07 Page 2 of 8 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: Planning Board Minutes 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. Planning Board Minutes 03-14-07 Page 4 of 8 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) Planning Board Minutes 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. Planning Board Minutes 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 Planning Board Minutes 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 03-14-07 Page 8 of 8