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Home My Public Portal AboutPlanning Board -- 2007-08-29 Minutess' ~ ~ r.• O '9F~ .~ - z ~. N.;~ 3 ~~ arD r y t~ Y ~ ~ r ~. _ --E¢' ~ _- //%/////// ~ / / ~ ~ ~ ! / / / 1 ! 1 I f l I I l I 1 l 4 l U 1 1 \ 1 \ \ \ \ \\~~~\\\ \ Date Approved: February 27, 2008 Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 TOWN OF BREWSTER MINUTES OF PLANNING BOARD Work Session Wednesday, August 29, 2007 7:00 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board work session at 7:OOPM in the Brewster Town Office Building with members Elizabeth Taylor, Howard Cabezas, Amberlyn Tubman and John McMullen. Other representatives present: Jillian Douglass, Joanne Hughes Advisors: Jon Witten, Ed Patten Groundwater Protection Mr. Witten led a discussion on how to address the groundwater protection. He stated that it would be most effective for the Town to have a three pronged approach to address the issue. The first would be for the Town to have a General Bylaw endorsed by the Planning Board. The second would be to have rules and regulations developed by the Board of Health. And the third would be to have a Zoning bylaw from the Planning Board. Cases brought to court against a BOH rule have not won. BOH, public safety wins over Town Zoning always. A discussion regarding mining also occurred. It was determined that current mining activities would be allowed. In addition mining was not going to be banned but there would be an opportunity for the business to obtain a variance or obtain a special permit. There is no recourse to shutting down an existing business. However, you could determine a condition for existing business and they must comply with that condition. For example, a performance standard, ordering sampling, timeframes for reissuance of a certificate from WQRC. The question of how to enforce was always raised and discussed. Mr. Witten stated that it would be best to issue a Special Permit because that process would provide better relief. If the Town issued a license then it gives a business permission. Mr. Witten, also noted that the Selectman should endorse an enforcement official. The official should have a split between the building commissioner and the enforcement officer. If necessary the expense should be on the Town Warrant and brought to Town Meeting. It was determined that the majority of the participants felt they would like to see the following: 1) No new earthmoving in Zone 2 2) All pre-existing lawfully existing business as of a certain date shall comply with the Special Permit process 3) should replace 179.39 Planning Board work session Page 1 of 3 08-29-07 4) Remove from the Table of Uses -Sand Removal 5) From the BOH perspective - if you are not in existence by a certain date then you are prohibited in the Town of Brewster Mr. Witten felt he had enough input from the parties that he could draft a Water Quality bylaw and have it back to everyone by 9/4/07 Home Occupation: Mr. Witten said the Town needed to make a decision on how to enforce. Right now the bylaw is subject to many forms of interpretation and it makes the enforcement very difficult. Mr. Witten has seen other Towns limit the number of employees with a designated allowable SF or with a limited number of employees or number of cars or number of deliveries. Right now the bylaw says it is by right that someone can have a home occupation. The Town could make all future home occupations require a Special Permit. This would give the Town some control. Mr. Witten has written this bylaw for other Town's based on allowing 1 employee with a limited SF by Special Permit. It was determined, by the majority, that the bylaw should be: 1) no employees 2) allow accessory structures 3) omit a square footage tie 4) require a Special Permit 5) Table of Uses would need to be revised Mr. Witten would draft a bylaw and submit by 9/4/07. Open Space Mr. Witten stated that Brewster should no longer take land unless it goes to the Brewster Conservation Committee. This has become the preferred way to take land and it provides for the Town to be the Beneficiary. He also noted that all plans expire after 30 years. The only way to avoid the expiration is to add the conservation restriction on the plan. A further discussion occurred and Mr. Witten felt he had enough input in order to draft an Open Space bylaw. Changeable Copv/Special Event Signs Mr. Witten offered to look at other Towns to see what they have drafted and supply a copy to us. He felt there should be language in the bylaw regarding size, color. It was agreed that this would be worked on for the Spring Town Meeting. Sunset Terms Mr. Witten noted that all Special Permits should include language regarding timeframe to commence work. He suggested that the applicant must begin work within 2 years. He/she must have reasonably begun and is continuing forward. The project should be completed by XX date. Inclusionarv Zoning: A brief discussion occurred. It was agreed that the number of units needed to be lower than 6 but higher than 3. Mr. Witten said he would look at other Towns to see what parameters they had established. Accessory Building: Everyone was ok with the bylaw as it stood Planning Board work session Page 2 of 3 08-29-07 Affordable Housing: A brief discussion occurred. The big question was how to enforce? The next work session was scheduled for September 5th at 7pm. Tubman motioned to adjourn. Second by Taylor. All Aye. Respectfully submitted, ,lam M ~ ie Pi rce/Clerk ~. Ja n ci/Admini ative lerk ~~: ~!~ Z l ddb 80. ~, Planning Board work session ' "`~ Page 3 of 3 08-29-07