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Home My Public Portal AboutPlanning Board -- 2008-01-23 Minutes~~~o\\~~~~~~~U~t1E III/!5 iiiiij~~~~o ~~ GG 0 ~,,.,, T iii \\O` rO YE4DE~ 8~~~ ~~i --_ ~;e ~ ~3 ~; a~3= ~~ u a~ ~ ~_ 0 r ~z - Yt ~, ~~• ~- ~~ - ~ t ////////~~~q~~III B R Po R A ~\~~~~~~\\\\~\\\~ I~iru~ruinuttuu 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 23, 2008 7:00 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board meeting at 7:00 pm in the Brewster Town Office Building with members Taylor, Tubman, Pierce and Bugle. Chairman Henchy opened the hearings January 23, 2008 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. LEGAL HEARING #2008-01 -Modification of COPD Special Permit #2005-12. Applicant: Peter Brandt -Located at 217 Underpass Road, Assessors' Map 27; Parcel 20-5. Proposal to modify permit that allows minor car repair to allow major car repair and to increase the number of parking spaces on parcel 20-5 to be changed to 34 spaces. Present for applicant: Tim Brady and Peter Brandt Brady: presented the application and the plan. He noted that the application was for Parcel 20-5 only. They were there to make a formal request to modify the special permit to allow major car repair and to increase the parking spaces on parcel 20-5 to 34 spaces. They believe there are no significant implications for the major car repair change. In relation to the increase in the parked cars, Mr. Brady stated that most of the work is done with cars that are waiting to be repaired. This increase would enable them to provide the services necessary for their line of business. Further, the selectmen have allowed 50 cars on the entire premises. Henchy: Read the Dept. Reviews and opened the floor to the Planning Board Taylor: Based on a preliminary review of the plan by the Conservation Dept, it appears there are some conservation issues that need to be addressed. Bugle: Stated that there are 3 other car businesses operating on Underpass and they need to be held to the same standards as Mr. Brandt. Chris Miller, the Natural Resource Director: noted that according to the plans the conservation dept. had on file from several years ago some of the paved area is in the conservation buffer area. Tubman: Wanted to know why there were two different plans and she felt that the conservation issues needed to be addressed prior to making a determination on this modification. Planning Board Meeting Page 1 of 4 01-23-08 Henchy: Read letters from 2 Abutters Brady: Noted that there were 2 vernal pools on the property. He felt that it was a good sign because it showed how clean the business is run. Pierce: The auto repair business is doing a good job and felt that most of the issues brought up were conservation questions and should be addressed with the conservation dept. Henchy: Had received input from the Selectmen and he felt this is a good business, the planning board shouldn't get in the way of the owner making a living, all the cars are parked on pavement, the conservation issues should be addressed with the conservation dept. He then opened the floor to the public. Henry Hayes, citizen of Brewster: has attended the selectmen's Meetings and has been watching the business. He has been reporting the total number of cars on the lot to the selectmen. On many an occasion the number of cars parked on the tot is in excess of the permit. He has not seen anything done about the issue -there has been no enforcement. Several months ago, the owner wanted to increase the number of cars on property to 34 -which would not include employees or homeowners/family. Now the owners want to ask for 50 cars. Mr. Hayes attended the selectmen's meeting which addressed the increase and they did not approve the 50 cars but said it was up to the Planning Board. If the Planning Board approves this permit what is the final number of cars allowed? Henchy: Stated again that the business is in an area that is zoned for this use. Further it is a clean business Bill Wright, an abutter: He is an environmentalist and has been closely watching the business. He goes on the property frequently and has never seen anything of concern. He agreed that the number of cars needed to be addressed and adhered too. Tubman: She was concerned that there was a conservation enforcement issue. She felt that since the Planning Board was aware of this issue then she was not prepared to vote on this modification until the issue had been addressed. Bugle: felt the conservation issues were incidental. If you look up and down the street there are other companies that would need to be addressed if the Planning Board denies this modification. Bugle -Motioned to draft favorable decision. Seconded by Pierce. Vote: 3-2 (Favor: Henchy, Pierce, Bugle; Against: Tubman, Taylor) Pierce -Motioned to continue hearing. Bugle seconded. Vote -All Aye Other Business: 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 - The Planning Board reviewed the draft decision. Bugle -motioned to approve. Tubman seconded. Vote: All Aye Work Session: I. To review and discuss the following draft proposed bylaws: 1. Earthmoving, Earth removal 2. Land Clearing 3. Signs 4. Housekeeping articles -to correct inconsistencies/update the bylaws (i.e. correct the number of members needed for approval, update utility information, change the meeting date). Planning Board Meeting Page 2 of 4 01-23-08 1 8~ 2: Earthmoving/Land Clearing: It was determined that the Earthmoving and Land clearing bylaws would go inconjuction with the Water Quality Protection bylaws. All three bylaws would be a package that would be presented at the Fall Town Meeting. Since the DCPC application is in process it was determined that the discussion on these two bylaws would be postponed. 3. Signs: Present: Bud Noyes from the Chamber of Commerce Henchy: reviewed the letter from the Chamber of Commerce Pierce: Would like to see more specifications for the changeable copy sign bylaw amendment. Tubman: perhaps the definition of Changeable Copy Signs could be more specific as well. For example it could include a minimum height off the ground, can't interfere with sight lines, only white signs, no more than 40 inches in height. Douglass: wanted to know if the Planning Board had checked with Historic District requirements. She thought they had specific size requirements and letter coloring. Tubman: Felt the Board should check with Historic Henchy: was ok with open flags -and suggested the Board could make that change. Further the Board would check with the Historic District, work on the revisions, and then have another meeting with the Chamber to discuss. 4. Housekeeping Articles: In relation to the "housekeeping" articles, it was determined that only the zoning article needed to go to Town Meeting. The other two changes just needed to have a public hearing. Pierce motioned to endorse the Article which addressed: Correction to the number of members needed to approve a decision. Tubman seconded. Vote: All Aye II. To review the Rules 8~ Regulations for Wind Turbines and to review the application form A discussion regarding the draft application form occurred. The clerk will make the changes noted and bring back to the Board for their review. A discussion also occurred regarding the proposed fees. It was agreed that the fee to submit a Medium Wind Turbine application should be $100 and for a Large Turbine $1,000. Other Business: I. Review/Approve Minutes of Work Sessions: 1. New minutes: 9/12, 9/18 (Independence Way), 9/18/07, 9/19/07 2. Minutes submitted at 1/9/08 meeting -Will review these at the next meeting II. Open seat on Planning Board - will hold off trying to fill seat and just wait for the election in May Planning Board Meeting Page 3 of 4 01-23-08 III. Next Water Quality Work session -scheduled for Jan. 30. - It was agreed that the work session should be rescheduled - to allow Elizabeth time to revise the Water Quality Bylaw. Ms. Taylor has been instrumental in putting together the DCPC application which has taken precedence over the Water bylaw. IV. Pleasant Bay Nursing Home: The Nursing Home has made some changes through the Cape Cod Commission. Apparently, the Commission has given the owner access through open space to a parcel without the Planning Board knowing. Further, the plan shows an easement but what is the easement for? It was determined that any changes to their special permit also needed to be made through the Planning Board. Pierce motioned to adjourn. Taylor seconded. All AYE Respectfully submitted, ti t ~itipry~ G`L''~' L' ~ JCS -~.,~ rjorie Pierce/Clerk J nne Sci/Administrative Clerk z z: ~ a ~ ~ adw so. „'t~N~ Planning Board Meeting Page 4 of 4 01-23-08