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Home My Public Portal AboutPlanning Board -- 2008-01-09 Minutes\\\\~~~~\\\ \ \ 1111 l t l l l 1111 ! 111 ! ! / / ///// \\\\~~~~ ~ Ft E W S~.1~'A ~i// _= O ~-'0 9F~ ~_ e ~ - '' ~° fik N r O G' _ a~ y ~~N` Z~ - //////~~~II/I ~Q R P9 p A8 \\\\~\\\\\~\\\~ // /// 1 I! 1 I I I I 111 l 4 l 1111 \ Date Approved: March 12, 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 January 9, 2008 6:45 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board meeting at 6:45 pm in the Brewster Town Office Building with members Taylor, Tubman, Pierce and McMullen. Chairman Henchy opened the hearings January 9, 2008 by 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. 6:45 pm CONTINUANCE -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 Bassett: presented revised plans and a revised narrative. Both the documents reflected the changes the Planning Board requested at the last meeting. Henchy: read the narrative and the waivers. Taylor: made a comment that she would like to see the narrative written up as outlined in the zoning bylaw. Henchy: asked the Board if they had read the narrative and if it met the specifications outlined in the bylaw. All board members noted they had read the narrative. Taylor: Requested that the waivers be specific McMullen moved to draft an approval decision that should contain the specific waivers requested by the applicant. Tubman seconded. Vote: All Aye. Minutes of some previous Minutes 8 Work Sessions- will be reviewed at next regular meeting. Planning Board Meeting Page 1 of 4 01-09-08 7:00 pm WORK SESSION #3 continued - 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 for discussion: Bob Bersin, Dyanne Cooney, Ed Lewis, Paul Hicks, Joanne Hughes, Nancy Ice, Chris Miller, Jillian Douglass, Victor Staley, Peter Johnson, Jon Witten (advisor for the Town) A brief discussion regarding the DCPC review occurred. Taylor motioned to support the DCPC review. Pierce seconded. Vote: All AYE. Henchy: Began the Water Quality Review work session by reading the written comments submitted from Dyanne Cooney. Lewis: Stated that he had concerns regarding the ability to enforce the bylaw and wanted to know what the penalties would be if in violation. Witten: Stated that the Town seems to have made a significant change from where he had left off. The incorporation of the DCPC review will make a significant difference in how the Town will handle the water protection. He had left us with the understanding that the BOH would increase/prepare rules and regulations and the Zoning aspect would be reduced. The fewer zoning issues the less grandfathering. He felt at this point the Town really needed to determine the following: 1. The role of the Board of Health -the rules and regulations -town meeting approval is not required 2. The role of the Water Quality Review Committee - Mr. Witten explained the WQRC powers are limited because this committee is not a permit granting authority. They can review and provide input but they can't hold up an applicant. The Planning Board (a special permit granting authority) could take into account the recommendations of the WQRC. 3. The Zoning Bylaw -town wide or from the planning dept. - Earthmoving, land clearing bylaws. Lewis: questioned the grandfathering ability of the bylaw if it were a Town wide bylaw Witten: cautioned the attendees that if the bylaw held stipulations on land usage -then the bylaw probably needed to come from the Planning Board. The AG's office may reject the bylaw if it is Town wide and contains zoning specifications. Further, he stated the only way to protect contamination -without grandfathering - is the following: 1. Declare a use a nuisance 2. Board of Health regulations 3. DCPC - Mr. Witten asked what areas are to be included? Lewis: Zone 2 Henchy: Thought there were 3 areas: 1. Zone 2; 2. Watershed; 3. Run off. He wanted to know if we should just go after one area at this point. The majority of the room felt that all areas needed to be hit at the same time. Douglass: Stated the WQRC has really helped the Town to bring properties into compliance. The process seems to be working and she would like to know how to ensure that the committee stays involved. Witten: suggested that the WORC could issue the certificate of compliance. This would bring the WORC into the whole picture. Lewis: Does the Planning Board have the authority to deny a special permit because there is not a certificate? Witten: The Board can't deny but they can request a certificate for the special permit. He further stated that the Planning Board could require receiving approved comments from the WQRC within 35 days in order to have it in compliance. Once the Board has the comments then they can make their decision. Planning Board Meeting Page 2 of 4 01-09-08 Henchy: The bylaw needs to be written so that the applicant needs to provide specific information in order for the Board to review. Essentially providing the Board with the ability to approve/disapprove at their discretion. Lewis: How does all this apply to 406's? Witten: This does apply - it is going to take some Cape Town to push the 40B's to the Cape Cod Commission for their review. Hughes: the BOH is actively working on the rules and regulations. They are trying to adopt something similar to what Orleans has just proposed. Hicks: Wants to make sure our Wellhead protection is covered. In 1994 the Town wrote bylaws to protect the wellheads and we cannot forget this area as outlined by the DEP. Douglass: The Table of uses also needs to be reviewed. Staley: the WQRC is set up to protect uses that are allowed. However, the committee does not have the regulator power to deny. Bersin: How long is the DCPC good for? The review process takes about 18-20 months to make the determination. McMullen: can't we just revise the Table of Uses and take care of all this? Witten: In order to have full protection the Town needs to do more. Hicks: the DEP rules need to be included. Paul said he would email the link to the clerk so that it could be forwarded to the Planning Board. Also, he noted that Floor Drain regulations need to be written in either the bylaw or BOH regulations. Witten: Under the DCPC an existing business can't expand, alter or change what they do. They are frozen in place unless they go to the ZBA. Henchy: Wanted to know what we could do about a secure storage company that is currently in existence in the Zone 2 area. Witten: Suggested that the Board writes to the Owner of the Co. and asks them to come to a meeting to talk about how to ensure that the units are in compliance. McMullen: What are the rights Brewster is giving away by having a DCPC? Witten: Nothing - he felt it was in the Town's best interest to make the designation.\ Taylor: reminded everyone that during the process of acquiring a DCPC nothing changes until it goes to Town Meeting for approval. The Commission will review but the House of Delegates approves and then the Town needs to approve. Witten: All regulatory Boards should embrace the DCPC because is adds substance to the area and strengthens the Board's decisions. McMullen: Asked how this would be enforced? Staley: The DCPC could help -but enforcement is a concern. These are issues that have been on going for so long. Planning Board Meeting Page 3 of 4 01-09-08 Henchy: What would the appropriate fines be? Witten: The only person that can enforce a zoning bylaw is the building commissioner. Enforcement really needs to be a continual process and there really should be the staff to address. The largest fine that can be written is $300/day per violation. The Planning Board can (for large scale projects) require that funds be set aside for long time monitoring. Lewis: Felt he understood the issue now. Henchy: Asked Mr. Witten if he felt he had enough information to revise the draft bylaw. Taylor: Thought she could take a stab at a first revision -She would incorporate the DEP regulations, add the TMDL section and add the watersheds to ponds, then forward to Jon. Witten: Once he receives that document it will only take him a few days to make the changes. Tubman: Wanted to know what could be done to educate the public? Taylor: Suggested a flyer, post on web site and perhaps an article in the Cape Codder Hughes: Stated the BOH's regulations would include the following: - 10,000 SF/bedroom - Cluster zoning - Hazardous products - Floor drains Henchy: Requested that we meet again on January 30, 2008 at 7:30 pm to have the next work session. Pierce motioned to adjourn. Taylor seconded. All AYE Respectfully submitted, ~L1 ~. G~ ~ Marjorie Pierce/Clerk ~~~i///1 „~ .V / /7 J Ii~fSne ~ci/Administrative Clerk Z Z: ~ d ~ L ~dW 80. ,_,~± Planning Board Meeting Page 4 of 4 01-09-08