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Home My Public Portal AboutPlanning Board -- 2007-11-14 Minutess, ~ ~ _ ~. a~ 3 3 ~ a~ ~ O.~ _ _,a~ ~ ~~~+•` /~/ NcoRPOaP~E~ \\\\~ i ////////i~.. FB. 1 9 ~ 1 B~3.o\\\\\\\ Date Approved with modifications: February 27, 2008 Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 TOWN OF BREWSTER MINUTES OF PLANNING BOARD Regular Meeting Wednesday November 14, 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, Tubman, and Bugle and Cabezas. Meeting Minutes to be approved (October 10, 2007): Tubman motioned to approve Meeting Minutes from October 10, 2007 with modification. Second by Bugle. Vote:6-0-0 Chairman Henchy opened the hearings November 14, 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. 7:05 pm LEGAL HEARING -Modification to Special Permit - #SP 2007-28 Applicant; Brewster School Department, Located at 2298 Main Street, Assessor's Map 16, Parcel 80. To allow the use of Eddy Elementary School for purposes other than strictly education. Planning Board member, Mr. Bugle, recused himself from this hearing. Present for the Applicant: Superintendent Gradone Superintendent Gradone of the Nauset School Committee - The applicant for the amendment/modification, was requesting approval for the use of the Eddy Elementary School for purposes other than strictly educational. Over the past 5 years, the School Committee has come before the Planning Board to request waivers on the non-school use restriction. The waivers have been granted and it was suggested that the School Committee request a permanent modification from the restriction. The school committee would like to have a permanent waiver for groups that serve children, groups that serves the school department and or groups that serve the Town of Brewster. The Planning Board had a brief discussion and wanted to make sure that if they allowed this modification that the school would not be used for just anything (i.e. craft fairs, holiday fairs). Supt. Gradone reassured the Planning Board that it would be used for groups that serve: children, the school dept. and or the Town per the School Departments building use policy. Mr. Bugle, as an abutter, requested that if traffic became a problem then could a traffic detail officer be provided. The Planning Board addressed Mr. Bugle's concern by stating and requiring, as part of Planning Board Meeting Page 1 of 4 11-14-07 this modification, that if traffic became a problem then the Brewster School Committee would need to come back in front of the Planning Board. Pierce: motion to prepare a favorable decision and sign at the next board meeting. Second by Taylor. Vote: All Aye 6-0-0 7:15 pm Informal Discussion -Steve Allard, Located at 1273 Millstone Road, Assessors' Map 42, Lot 14-102. Access to property. Present for discussion: Kathy Humes, office manager for Steve Allard, Walter Butter, owner of Millstone Liquors Butler: He remembered having a conversation regarding the access to the two properties. However, he didn't believe that he was required to close an entrance to his property. He was under the impression that the entrance on Millstone was going to be revamped Chief Koch: Had thought they discussed widening the entrance at the Allard property to accommodate trucks/deliveries. He also thought they were all in agreement that the further away the entrance was from Rte 137 then the better (safer). Bersin: The DPW is currently reviewing proposal to revise the intersection. The DPW would like to widen the turn from Rte 137 to Millstone. They believe this will slow down traffic. Currently the DPW is waiting to hear if the funds are available for this project. Also, Mr. Bersin stated that he was lead to believe that the northerly access was going to be closed. Henchy: How expensive would this modification be? Bersin: Was reluctant to give a number because the actual number may change. Chief Koch: Suggested that a compromise might be possible otherwise it would become a legal issue which no one wants. Butler: Would like to maintain his entrance -doesn't want his business to be effected. He also felt that when/if the island was extended then it would prevent customers from making a left hand turn which will help with the safety issue at the corner. Tubman: She was disappointed that she had thought we had an agreement for the entrance at the Liquor Store to be closed. Other board members present were in agreement with this point. Henchy: opened the floor to the public Lewis: Mr. Lewis, Chairman of the Board of Selectman, wanted to know how much money in the Chapter 90 funds was presently or about to be available? And questioned whether they were also needed in other parts of the Town. Bersin: Felt that this intersection needed to be addressed because it also has a drainage issue and it would be a good use of Chapter 90 funds. Staley: The Building Commissioner stated that if the Board expects to keep the entrance open then there needs to be specific wording. This would help him with enforcement. Henchy: If we make a modification to the permit then the applicant needs to file an application. Humes: Stated she would have Mr. Allard follow the procedure. Tubman motioned to continue. Second by Cabezas. Planning Board Meeting Page 2 of 4 11-14-07 7:30 pm WORK SESSION - To review and discuss the Water Quality Protection Bylaw. The text of the proposed by-law amendments are available to inspect in the Planning Board's office. Present: Ed Lewis, Dyanne Cooney, Jillian Douglass, Victor Staley, Nancy Ice, Joanne Hughes, Chris Miller, Peter Johnson, Dan Brightman Henchy: Started this session with a brief overview of the goals of the session. He ensured that everyone had copies of the proposed bylaw. Douglass: Wanted to be sure to get overall input on bylaw; enforcement questions/issues. Lewis: Stated that in order for this bylaw to pass at the Spring Town Meeting then all boards needed to come to an agreement/approval on this issue. Bugle: Felt that this bylaw was trying to do too much and he felt that it should be just a Zoning Bylaw. He questioned how the Town bylaw would be enforced and wondered who was qualified to enforce? He also stated that he thought the bylaw would face serious opposition at Town Meeting. Douglass: Disagreed with Mr. Bugle. This bylaw grandfather's all current operations. She felt that most Health Department's have the staff to monitor and enforce. Also, we need to have strong rules and regulations from the Health department to support the Town Wide bylaw. Johnson: He re-enforced Ms. Douglass comments. But wanted to figure out who would actual enforce in Brewster? Bugle: Water is not a fixed resource and at some point he felt that we were going to need to limit water in order not to draw down the aquifer. Lewis: This bylaw needs to be Town Wide. If Zone 2 is contaminated then the water is gone. We are not trying to put people out of business we are just trying to regulate the use. Some business owners are doing other things in the Zone 2 and that needs to be restricted. Further, he stated that the golf course is in Zone 2 but it is regulated and monitored extensively. Brightman: He wouldn't want to ban mining and would like to see a special permit issued to regulate. He felt this bylaw was excessive and that the Board of Health would put regulations together. He questioned the danger of mining in Zone 2. And questioned where the need to remain 20 feet above the water table came from? He would like to see some studies that support this need. Hughes: Suggested that anyone else that didn't like the bylaw needed to speak up now. Barber: From the Cape Cod Sea Camps, some wording in the bylaw may require the Camp to get a Special Permit every year and they may not be able to open because they would need to have tests performed within 90 days and they are closed for the off season. Also, they have multiple septic systems would they need to get a certificate of compliance for each system? Henchy: These are good points and need to be addressed. He then focused on the wording of the bylaw. Taylor: Felt a definition of animal manure needed to be added. Lewis: felt #9 waste oil retention could be difficult for everyone to accept. Douglass: felt a definition of toxic material needed to added Hughes: felt the 20 feet should be changed to 10 feet Planning Board Meeting Page 3 of 4 41-14-07 Henchy: Felt they had received some good input tonight but would like to reconvene for another workshop. He asked the Board of Health to think about enforcement and how it would be implemented if this bylaw passed. The second work shop was scheduled for Dec. 5th at 7:30pm Bugle motioned to adjorn. Second by Cabezas. All in favor. Respectfully submitted, dti rie Pierce/Clerk Ja ne /Administra ve Clerk S~~ cif Z l ~idV 80. _ _„ l Y f Planning Board Meeting Page 4 of 4 11-14-07