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Home My Public Portal AboutPlanning Board -- 2007-04-25 Minutes~\\\ `~ ~~ 1 1 1 U l i l ti l 11 I f I I! I!! I! ~ j I~ i/// /i \`~~~~\~ ~ptE W S~,~r,,,//~ Q<(sr O E'1. R 6q ~~ F ~. :~ ~' a ~~'~ ~ f 3~ 9~y O ' r ate= _~~~ /////////~~ . c B R P9 ~ p~~3 ~\0\\\`\\\\ Brewster Planning Board ~ 2198 Main Street O Brewster, Massachusetts 02631-1898 ~''~ (508) 896-3701 gREWSTER BICENTENNIAL FAX (508) 896-8089 N Date Approved: Approved with Modification May 23, 2007 TOWN OF BREWSTER MINUTES OF PLANNING BOARD Wednesday April 25 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, Remy, Tubman, McMullen were present. Bugle were absent. APPROVAL NOT REQUIRED -ANR #2007-09 continuation. Application/Owner: Bennett 8~ O'Reilly/Chad Kodak, Located at 1554 Main Street, Map 24, Lot 24 -currently one lot to be divided into two lots. Present: John O'Reilly. John O'Reilly submitted a memo from the applicant that stated Chadd Kodak decided to eliminate one of the dwelling units through the permitting process. O'Reilly also submitted copies of documents in which he had highlighted relevant sections of the "definition of a subdivision" and The ANR Handbook. O'Reilly felt that this ANR met the qualifications of an ANR and that based on a previous case it was determined that the planning board was obligated to sign the ANR if it met the criteria outlined in the handbook. Bill Henchy read off highlights from his memo which stated the Town's legal opinion on this matter. The legal opinion essentially stated that the board could 1) refuse endorsement or 2) endorse the plan with a note that could read like this: "This Plan creates an illegal lot whose two dwellings on an undersized lot directly violate the Brewster Zoning Bylaw, Ch 179 -13(B) Lot Z on this plan provided the area to support the second dwelling on Map 24-Lot 24 and as such is not buildable until second dwelling on Lot 1 is demolished This self generated hardship is not curable by a variance because it is not related to shape of the lot nor lot soil conditions.'" Planning Board Minutes Page 1 of 3 04-25-07 Comments from the planning board were as follows: 1) Pierce felt that dividing this lot would make it anon-conforming lot -however the courts say the Planning Board has to approve. 2) Henchy wante too ed then they board woul'dtendorseenPierce d dn't think that was a kitchen was re good legal reason to defer 3) McMullen saidch nfused with why tcoun sel saidt he P~ann ng Board coulde efuse 4) Tubman, was endorsement 5) Taylor was not happy and felt that this 2"d dwelling was a ready made rental. The Building Commissioner, Victor Staley felt that this lot division created anon-compliant lot but also felt the Planning Board was obligated to stamp the plan. The Planning Board then reviewed the lawyers wording and made a few modifications as follows: "This Plan creates an illegal lot whose two dwellings on an undersized lot directly violate the Brewster Zonan Bylaw Ch 179 13(B) Lot 2 on this plan provided the _area to support the second dwelling on Map 24-Lot 24 and as such is not buildable until the second dwelling on Lot 1 loses its dwelling status In the optncon of the Planning Board, this is aself-generated hardsh~. Based on the modifications the Planning Board moved to endorse the ANR. Motion by McMullen to endorse the ANR with note listed above. Second-Remy VOTE 6-0-0 Bayside Seafood and Market, Owner: McGinnis/Hoyt, Informal discussion: proposed new parking plan 8~ lease, Map 14, Lot 61-1. Present: John O'Reilly - Recused: John McMullen O'Reilly stated that a letnext doorb He alsotpresented aGequest toaamend the COPD #2005u07to leased at the residence accommodate 9' parking spaces. The Planning Board felt small l thisasamef requelst and they were denied The board suggested thatn a previous applicant had the applicant move the dumpster to accommodate the required spaces. Henchy suggested that the applicant make the following changes to the plan: 1) eliminate the live-in apartment 2) keep the parking spaces at 10' 3) keep dumpster but the board would reserve the right to move the dumpsterrfd wouldge eui~e 15 spaces) for the 43 restaurant seats and 9 spaces forghetfloor employee 5) the boa q space to equal a total of 24 spaces, 4 less than by-law specifications Planning Board Minutes Page 2 of 3 04-25-07 ster now so they won't have to deal with it later. In O'Reilly thought they might want to move the dump cause this modification of COPD #2005-07 would require a legal hearing, e addition, he felt that be would modify the plans and resubmit. _ . _,_~~:~„ rv,aatina. Second-Piece Motion by Tubman VOTE 5-0-0 Commissioner -discussion on Brewster's Zoning Bylaw Informal discussion -Victor Staley, « si ns" 179-19, 20.5 (A) regarding Changeable-copy g ssed the Board and requested clarification of the bylaw. Staley felt there were no Staley addre limitations/regulations to the existing wording. Pierce informed Staley that this bylaw was designed for churches and schools. Henchy stating that there are no grandfathered signs n felt that one had to be careful with how they interpreted the words "other matters of McMulle isn't important important interest" because it was a fine linethe who a picturemeone's sandwich shop and felt that the Commissioner must look at Staley agreed with McMullen because this is a huge issue to tradesmen. 'erce wanted to know if the building commissioner coul bout t el looks ofta shgn because the Plann ng Pi Pierce felt the Historic Commission had more flearan~cea Board doesn't have the right to rule on the app Stale felt he was ok with the guidance of this discussion and felt he had a good understanding of how Y to rule on this bylaw. Motion to adjourn made by McMullen, second by Taylor. All vote AYE Respectfully submitted, ~ .% ,_ I Marjorie fierce/Clerk J anne ci/Administrative Clerk Planning Board Minutes 04-25-07 g d 9- Nf1~' 10. ~~. ,.'1~~~13~8 Page 3 of 3