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Home My Public Portal AboutPlanning Board -- 2008-04-02 Minutes~~\\\\'tia~~ ~ ti u I n I I u r u u ruJ,o~~ \`\~~o~~ ~ Ft E W S~,~~ ~i~ _ ~ ~'Q ~ 3 3 ~r ~~ ,~. ~ a ~ D -O (A~ r ~ = _~ y= `~ ~ e'" ~~ ~ ~~ / J/// I/ 1 I I I r I I I I I l l 411 1 1 1\\\\\\\~ ~~ Date Approved with modification: May 14, 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 Work Session Wednesday April 2, 2008 7:30 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board work session at 7:30 pm in the Brewster Town Office Building with members Taylor, Tubman and Pierce. Discussion with the Cape Cod Commission - To review the progress that was made on the development of the map for inclusion in the CCC's Update of the Regional Policy Plan. Present for discussion: Heather McElroy and Ed Eichner from the Cape Cod Commission McElroy: presented the draft Brewster Land Use Map. Ms. McElroy stated the goal for the Commission was to include a Map from each town on the cape. They would like the map to tie in with the thresholds of impact to the regional map. Each town should look to see if there are areas that they may want to increase the DRI impacts or perhaps reduce the resource protection area. The changing of thresholds is a result of the Town's request. The map is intended to be used as a planning tool and the commission is seeking community input. At some point the Commission would like an endorsement from the Planning Board and the Selectmen. From the commission stand point they have 3 types of resources that need protection: 1. Wellhead 2. Slosh areas 3. HDC Ms. McElroy noted that the maps can be changed or modified as time goes on. The commission would like to complete the first map by the summer. The Commission would like to receive recommendations from the Planning Board. A brief discussion on the draft map occurred. Mr. Henchy suggested that they devote a meeting to this discussion. Ms. McElroy provided a copy of the map for the Board to review. WORK SESSION #4 continued - To review and discuss the Water Quality Protection Bylaw. Present for discussion: Bob Bersin, Dyanne Cooney, Nancy Ice, Chris Miller, Jillian Douglass, Victor Staley, Peter Johnson, Jon Witten (advisor for the Town) Planning Board Meeting Page 1 of 3 04-02-08 Henchy: Thought the existing zoning bylaw may need to become a Town bylaw and have the Selectmen present this bylaw with the Special Permit Granting Authority (SPGA) being the Board of Selectmen. The Selectmen have licensing power now. Witten: Thought making this a general bylaw was ok. You could take out the reference to Board of Health and zoning and then you would avoid the grandfathering. It would be less of an issue if the DCPC goes through. The licensing by the Selectmen would not have the same teeth as a zoning bylaw but it might work with the BOH regulations. Mr. Witten said his preference would be: 1. General townwide bylaw 2. BOH rules and regulations 3. Zoning -which contains some of the elements (land clearing, earth removal) Henchy: Would the DCPC get around the grandfathering? Witten: Yes Douglass: Outlined 3 areas that she thought needed to be addressed: 1. Define what would be allowed by a special permit 2. What won't be allowed in zone 2? 3. What would you allow in earth moving? Witten: Pre-existing, non-conforming structures can't be addressed as it stands but you can freeze where the business is by including language that states you can't alter or expand beyond a certain point -you would need to make this measurable data. Really, the Town wants the business to move elsewhere. The BOH has the power to address these issues now and they could move fast if they would adopt some rules and regulations that address water protection. Henchy: If you included a measurement requirement for the earthmoving bylaw, you could add monitoring wells and submit a quarterly report. Staley: Liked the proactive requirement for the business. It would help on the enforcement. Douglass: referenced the WQRC and wanted to know how they could be incorporated into the process. She also wanted to know the impact of agriculture in the bylaw. Henchy: provided an overview on the Nickerson Horse Farm and how that has impacted the zone 2/Orleans watershed. Witten: stated that the Town could have some control with the DEP list over the agricultural uses within zone 2 Eichner: stated that other Towns are making an agreement with applicants that outlines what the applicant can do and if they violate the agreement then consequences will be incurred. It is important to establish the consequences upfront (example rescind the permit). This language should be included in the permit. Staley: Both the Planning Board and the Zoning Board of Appeals have included language in their decisions that require an applicant to return to the Board for a review if a violation is found. Witten: the Town needs to be able and willing to enforce the permit. It seems like the town is getting hung upon how to involve the WQRC and Mr. Witten suggested that the Town petition to the legislature to allow the WQRC to be the Special Permit Granting Authority (SPGA) for this bylaw only. Mr. Witten felt it would have a good chance to pass if the Town received support from the local Senators and representative. Pierce: an alternative would be to have the WQRC provide input to the SPGA. Douglass: what she likes about the idea of the WQRC being the SPGA is that the committee consists of representatives from various boards. ` Planning Board Meeting Page 2 of 3 04-02-08 Taylor: Having the WQRC as the SPGA is really the cleanest and simplest way to handle this issue. The committee has already done all the work and they understand the project. There was a brief discussion regarding this idea and the general consensus was that this was the appropriate way to proceed. Henchy: In addition, Mr. Henchy thought this approach would clean up the bylaw. He asked Mr. Ekner if he thought it would be ok with the Cape Cod Commission and the reply was yes. Mr. Henchy then asked Dyanne Cooney if she thought the Selectman would support and her reply was yes. Witten: The town still needs to come to an agreement on the bylaw. Henchy: Asked how we could protect other areas beyond zone 2? Douglass: We could evolve the Maps and change the maps as needed. Also, we need to establish upfront measurable criteria so that we can monitor and enforce the applications. Witten: Based on this lengthy discussion, he suggested the town should approach the water quality protection bylaw in the following manner: 1. Core of the water quality protection through zoning with the WQRC being the SPGA 2. Have the BOH address in their rules and regulations 3. Protection under the DCPC 4. Address land clearing and earth removal through zoning - in terms of groundwater depth, you need to have supporting data that determines the hazard -the BOH needs to understand this depth. 5. Table of uses would need to be revised Eichner: Make sure everyone is aware of what might be contaminated -the private wells that are scattered all over town need to be protected. Also, where does Pleasant Bay fit into this whole protection plan? Jones: noted some confusion on the existing draft water quality bylaw Henchy: stated that this draft would have to be reworked and redone - Mr. Witten would be able to handle this for the Town. Porter: no comments Johnson: the Conservation Trust would like to provide input on the bylaw when it is available. Witten: noted that it would probably take him 1-2 months to make the revisions. Henchy: the clerk would draft the minutes and forward as soon as possible. Tubman motioned to adjourn. Pierce seconded. All AYE Respectfully submitted, ,^ ' ,, '` Marjorie W. Pierce/Clerk Z Z: l 1'>~ 6Z J~dW Jay a Sci/ ministrative Clerk Planning Board Meeting 04-02-08 Page 3 of 3