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Home My Public Portal AboutPlanning Board -- 2008-02-13 Minutes\~~~\\\\\\\\uuitltiE n~ruaiiiii,///i~ ~:~ ~ "ate ~ ~ _ _~ - ~' //~~i~ ~~ NcoRPpapse°Y~~ ~~~\\~ ////// ~ / / ~ ~ ~ ~ I I I I I ! I I I I I l I l t 111 1 1 \ \ \ \ \ \ \ \ \ \ \\\\ Date Approved: Approved March 26, 2008 VOTE: 5-0-0 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 February 13, 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, McMullen and Bugle. CONTINUED -LEGAL HEARING #2008-01 -Modification of Special Permit COPD#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. Mr. Henchy noted that the applicant had submitted a written request to continue this hearing without prejudice until April 9th Pierce motioned to continue that hearing until April 9th. Second by Bugle. Vote: All AYE. Informal Discussion: Sullivan, 636 Long Pond Road, Assessors' Map 34, lot 16-1. Corner lot set backs Mr. Paul Sullivan was present for this discussion. Sullivan: reviewed the key points in his letter regarding this issue. Essentially, the bylaw as written now provides for different interpretations of the setback requirements for a corner lot. In the past, the previous building commissioner allowed the owner to designate which street would be used for the front. Henchy: referenced note 3 from the Table 2 regarding the corner lots and then read the definition for front lot setbacks -inconsistencies were noted. Pierce: Stated note 3 speaks against the definition Sullivan: He has a parcel on Millstone/Captains Village where he built a home in 1999. The house is setback on one side 20 feet and the other 100 feet. Staley: Stated that he had a legal opinion that stated note 3 overrides the bylaw. Therefore the front set backs (40 feet) must occur on both streets. Mr. Staley allows a person to determine which road they would like access from and the Mr. Staley confirms the street with the fire dept. Once the designation has been made the owner must keep that street for their frontage. Planning Board Meeting Page 1 of 3 02-13-08 Henchy: Recognized that there is a conflict in the bylaw. Mr. Henchy felt the Planning Board should bring a bylaw amendment up at Town Meeting and write a letter to ZBA and to allow Mr. Sullivan a variance. Taylor: The Board would need to delete note 3 at Town Meeting. Staley: didn't see any problem with deleting note 3. Pierce: Motion to write a letter to ZBA to approve the variance and to amend the bylaw at Town Meeting. Second by Bugle. All AYE Work Session: I. To review and discuss the draft proposed Sign bylaw 1. Chamber of Commerce -Bud Noyes - To permit "Open" banners/flags and temporary A-frame signs 2. Museum of Natural History -Roy Smith - Informal discussion on the maximum size of event signs Present for discussion: Bud Noyes, Patricia Debs from Brewster in Bloom, Roy Smith from the Museum, and Brian Warburton from the Historic Commission A lengthy discussion regarding the proposed sign bylaw occurred. The first part of the discussion centered on the most recent sign bylaw change -decreasing the maximum sign size to 20 SF. Patricia from the Brewster in Bloom committee noted that the Town no longer runs banners across the street -electric poles are no longer available. Mr. Smith stated that the Museum was unaware the Town had passed a new bylaw that prohibits banners over 20 SF. He had banners made that meet the old code (not to exceed 100 SF). Currently, the museum has 2 banners 35 SF each. According to the building commissioner the signs are in violation and that is why he was here. Mr. Henchy recommended that the Board write a letter to ZBA to allow for his signs. Mr. McMullen stated he was concerned that it wasn't fair to other businesses if you give this exception. The second part of the discussion related to allowing "open" flags and sandwich signs. The general agreement was that the "open" flags were ok if a specific size was designated. Brian from the HDC wanted to know if all the signs were really necessary and wanted to make sure HDC's effort to maintain the visual appeal of 6A were kept up. He was not in favor of the sandwich signs. Other questions that arose: How do you handle multiple businesses at one location? How do you determine what is a "special"? Who determines when a sign needed to be repaired? It was agreed that a further work session with HDC and the Chamber of Commerce relating to this subject needed to occur. II. To review the Rules & Regulations for Wind Turbines and to review the revised Application form Present for discussion: Peter Soule, and Tom Lyman from Clean Energy Design A lengthy discussion occurred. Mr. Lyman discussed the engineering of Wind Turbines- and that Turbines can be built to fold/tilt down to accommodate strong wind or maintenance. It was noted that many of the rules were designed for large scale turbines and a medium scale turbine applicant would need to request waivers for some of the items. Planning Board Meeting Page 2 of 3 02-13-08 A brief review of Mr. Soule's application occurred to ensure he had submitted all appropriate documents for the legal hearing on March 5. It was determined that Mr. Soule needed to submit the following: 1. Proof that the turbine did not meet FDA review 2. HDC review -proof that application had been submitted and the outcome. 3. Include a list of waivers required Informal Discussion: Schaffer, Map 15, lot 154 -Approval of tenant - A & E Architects The approved decision for Mr. Schaffer stated that he needed to notify the Planning Board when he had a tenant for his property. Mr. Schaffer had submitted a letter which was reviewed. The tenant was approved provided Mr. Schaffer delineates the parking lot for 7 spaces. Bugle motioned to approved A&E Architects as tenants at 238 Main Street. Second McMullen. All AYE. Pierce motioned to adjourn. Taylor seconded. All AYE Respectfully submitted, /,l ~ /' / yV ~~_ Marjorie Pi rce/Clerk Jay / dminist tive Clerk o z: l G~ Lz N(lf so. ,_. Planning Board Meeting Page 3 of 3 02-13-08