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Home My Public Portal AboutPlanning Board -- 2007-12-12 Minutes~~\\`\\\k °~ R E ~a S TF ~~~~% 0 ,;; o A'F ~'Q 3 ~~~ N~ 3 ar y O 'z~ - //~~~~~/////r. f Q R P9 A A°O o~\\0~~~\\\\ Date Approved with modification: 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 December 12, 2007 7:00 P.M. Brewster Town Office Building Chairman Henchy convened the regular Planning Board meeting at 7:00 PM in the Brewster Town Office Building with members Taylor, Tubman, and Bugle and McMullen. Meeting Minutes to be approved (October 24, 2007): Tubman motioned to approve Meeting Minutes from October 24, 2007. Second by Taylor. Vote: 5-0-0 Chairman Henchy opened the hearings December 12, 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. Application for Endorsement of Plan Believed Not to Require Approval -ANR# 2007-29. Applicant/Owner: Andrew P. Grover/RAG Realty Trust, Located south of Route 6 (Mid-Cape Highway) and between Freeman's Way and Route 39 and shown on Assessor's Map 45, Lot 34. The purpose of the ANR is to convey and combine Lot 2 with abutting property. Present for applicant: Phil Scholomiti of Ryder & Wilcox Planning Board member Tubman recused herself from this hearing and left the room during the discussion Scholomiti: Stated that the purpose of the ANR was to convey properties. Henchy: Asked Mr. Scholomiti to explain the property lines noted between properties. Scholomiti: Shows the power line easement, and the dirt road Henchy: Asked what the real purpose of the ANR was? Scholomiti: was to convey the residential portion to add to the tree farm. The Cinderella Realty Trust will be the owner. In addition, the combining of the lots will be helpful if they go to resell the land. Henchy: When was lot 1 created? Scholomiti: Thought lot 1 was created in 1974. Planning Board Meeting Page 1 of 4 12-12-07 Henchy: If this goes forward then lot 1 is not grandfathered. Scholomiti: They understand that there will be no grandfathering of the lot Henchy: Opened to the Board McMullen: questioned why the property line was crossing over the RR zone? Scholomiti: They basically wanted the new property line to be outside of the easement. Henchy: Opened to the Public - no comments. McMullen motioned to endorse the ANR. Second by Taylor. All AYE. Vote 4-0-1 Informal Discussion -Brandt, Euro Classics, located on Underpass Road and shown on Assessor's Map 27, lot 20-5. Discussion of conditions outlined on Special Permit. Present for discussion: Peter Brandt, and Tim Brady, East Coast Engineering Brady: There are a number of cars on site. The Special Permit was issued for only the front parcel (lot 20- 5). Mr. Brandt would like to see the permitted number of outside parked cars increase from 30 to 50. The increase would pertain to the whole property. They were just here to have a discussion if the board looks in favor of the increase then Mr. Brandt will file the necessary modification application. In addition, if they are going to modify the permit they would like to change the wording to include major car repairs to be done in the building in the back. Mr. Brandt doesn't really see a difference between a minor and a major repair job. Henchy: Where are the cars currently parked? Brady: all cars are parked on pavement. Henchy: Opened to the Board. Taylor: Wanted to know if cars were also parked inside. She wanted to make sure we didn't get a junk yard. And wanted to know if this would be the final number of cars or would we be getting another modification to increase the number later on. Brandt: I am in agreement. I have been looking for places off cape to store cars. Brady: The total of 50 cars would relate to the whole property (4 lots). Taylor: So the increase for your permit would actually go from 17 to 26 (9 additional cars) Henchy: This lot is commercially zoned and mentioned that a commercial business may not always be pretty. Mr. Henchy also congratulated Mr. Brandt for running a successful business. Mr. Henchy mentioned perhaps not including a limit on the cars because he didn't want to choke a successful business. He felt the Se-ectman may be able to limit Mr. Brandt through the license process. Sumner: Mr. Sumner noted that Mr. Brandt has been very cooperative. The Selectmen have been generally happy with what Mr. Brandt is doing on his property. Taylor: Are there wetlands on the property? Brady: There are wetlands -the owner has put up fencing to keep cars and storage away from the area. Staley: Just wanted to mention that the parking lot size would need to be addressed. The current bylaw states that you need 10 feet width for a parking space -this would have to be modified to account for the storage of cars. Planning Board Meeting Page 2 of 4 12-12-07 Henchy: The next step would be to complete a modification application and go through the formal process. Brady: They would complete the applications and come before the board soon. LEGAL HEARING: CORRIDOR OVERLAY PROTECTION DISTRICT - COPD #2007-30 -Applicant: Russell Bassett -Located at 17 Bassett Lane, Assessor's Map 15 Parcel 72-1. Modify existing Dwelling to include commercial space on first floor and retain (3) bedroom use on second floor and construct a new barn for storage and incidental carpentry use. Present for Applicant: Russell Bassett Henchy: Read the Department reviews. Bassett: Presented his application and plans. He noted that the barn building was the building in question. He stated that the building was a place to work inside during inclement weather. They currently do construction work outside on this lot. The barn is not intended to be a mill work shop because that is not allowed in that area. They will not be using the barn everyday and will only be doing construction work for current jobs. Henchy: Is this ok with the Building Commissioner? Staley: It is ok with him if it is ok with the Board. Bassett: He has a business office on the first floor and will have rooms upstairs for housing. Henchy: What are your proposed landscape plans? Bassett: They landscape is shown on the plan -they would like to pretty much keep things as it currently exists. They anticipate no traffic changes because they will not be selling products on the lot. Henchy: Opened the floor to the Board. Taylor: Are there any drainage issues with the parking lot? She noted there should not be any drainage on to the street. Bassett: no drainage issues anticipated McMullen: He doesn't see where this use fits in with what is allowed in the zone. Taylor: could it be considered Misc. Business Services? Bassett: His grandfather has been doing this same type of work on the property for long time. Henchy: So perhaps this use is grandfathered. -Opened to public Staley: parking may be an issue Henchy: the plan shows 8 spaces in front Bassett: They have allotted for 4 commercial spaces; 2 spaces for the 2 bedroom on the 2"d floor; and 2 spaces for temporary workers going into the barn. The first space would be the handicapped space. Staley: Looks like it may be 2 spaces short. McMullen: How about loading? Planning Board Meeting Page 3 of 4 12-12-07 Bassett: They could modify one space to accommodate deliveries. McMullen: How about a dumpster? Bassett: They will use their dumpster on the adjacent property. Henchy: Mr. Henchy read through the requirements for a Special Permit. The applicant meets the requirements except as follows: - no trip reduction plan has been submitted - it was determined that it wasn't necessary for a private road - need to request a waiver of the parking lot to the adjacent driveway - need to request a waiver of the parking requirements (i.e. parking in front), loading - need to waive bike racks - The landscape plan needs to show the existing landscape/fencing o Noted that there is no way to put in a buffer strip from parking to road o Plan needed to be revised Henchy: Asked if there was any other input - no comments Taylor motion to continue to next meeting. Second by Bugle. All Aye. Other Business: 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. Review of draft Decision. Tubman made one typographical edit and the Board agreed to Mr. Henchy signing the document. Discussion -The Rules and Regulations for Wind Turbines and The Rules and Regulations for Cell Towers. The draft text of the proposed rules and regulations are available to inspect in the Planning Board's office. Present for discussion: Victory Staley, Building Commissioner; Chris Miller, Natural Resources Director and Dana Harris. A lengthy discussion occurred regarding the proposed rules and regulations. After an hour of discussion it was agreed to continue the discussion to next week, Dec. 19th at 3pm. Hopefully, everyone will have read the document and be prepared to make necessary edits. Tubman motioned to adjourn. Second by McMullen. All in favor. Respectfully submitted .~ . !'~~Ji/LGc- (y ~~ Marjorie Pierce/Clerk (~1 tiS~ u~~ ~ ~ ~~~ ~~. l.D~ tiD, n'VJ . Ja/,r~fine Bci/Administrative Clerk a i Planning Board Meeting Page 4 of 4 12-12-07