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Home My Public Portal AboutPlanning Board -- 2008-04-09 Minutes;~- o F s, Q ~ 3 5y~ ~ ~~ D 6 U 9 oq1 f~ r`~ _ _` ~ ///fir/////// EQ R +4 R ABO.O~\\0~~~\~\\\\ Date Approved with modifications: May 14, 2008 VOTE: 6-0-0 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 April 9, 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 Business: SP2008-04 -Soule Decision -review draft decision #4 and approve if appropriate Present for Applicant: Peter Soule A brief discussion outlining the latest changes occurred. All Board members were satisfied with the changes and Pierce made a motion to approve the decision. Second by Bugle. Vote 6-0-0. William Henchy AYE Elizabeth Taylor AYE Marjorie Pierce AYE Amberlyn Tubman AYE Robert Bugle AYE John McMullen AYE CONTINUED -LEGAL HEARING #2008-02 -Modification of Special Permit #2006-06. Applicant: Steven D. Allard -Located at 1273 Millstone Road, Assessors' Map 42; Parcel 14-102. Proposal to allow a driveway access on lot and remove the requirement to have Millstone Package Store close their entrance. In addition, proposal to modify lighting plan to reduce the number of required light posts. Present for Applicant: Steve Allard Present for Town: Chief Koch and Robert Bersin Henchy: Provided an overview of where the application stood. It was the Planning Board' understanding that an agreement had been reached with Millstone Liquor. According to Mr. Singer, attorney for Mr. Butler, no agreement was ever reached. Bugle: upset that the Board was mislead Taylor: agreed and has not changed her opinion since the last meeting. McMullen: was not at the last meeting. He felt that some of the fault lay with the Board for not having all parties sign off to the closing of the Liquor store entrance and sharing access with the Allard driveway. However, the building is now up so what can we do? Henchy: this will be a constant hazard -having two driveways so close to the intersection is not good. McMullen: the intersection needs to be straightened out and engineered differently Planning Board Meeting Page 1 of 5 04-09-08 Tubman: agreed with John Pierce: agreed with John Allard: described the day to day traffic pattern and stated it is working now. He didn't want to disrupt his neighbors business. He admitted to an error in not getting anything in writing from Mr. Butler. However, he did note that both Chief Koch and Mr. Bersin were in the original discussion. Henchy: Felt that abutting properties should share driveways. Millstone Liquors should use the same access as the Allards. Mr. Henchy would like to see the Town close off the Liquor store access but did not feel that the Board had this authority. Koch: Suggested a possible solution. Mr. Allard could provide an easement to Millstone Liquors to use the driveway. Henchy: If the Town changes the intersection, does the Police Dept. have the authority to close the driveway? Koch: Town Counsel is looking into this issue now. Bersin: We have an engineering consultant looking at the intersection. We will provide feasibility sketches in a couple of weeks. The sketches will be off GISfirst -for initial feedback. The corner is a tough turn. It would be nice if both were consolidated. He would like to hold off on a decision until this study is finished. Allard: Providing an easement for the Liquor store was always a consideration. Bersin: The big problem at the intersection is at the Liquor store with customers taking a left turn out of the driveway. McMullen: Where does the state figure in this issue? Bersin: nothing, Chapter 90 the road needs to meet state standards Tubman: The driveway on Rte. 137 is tight and may create a new problem if the traffic is redirected through that entrance. Bersin: We would need to talk with the Mr. Butler about restructuring the parking spaces in that area. Pierce: Couldn't we do something to approve the special permit while we are working out the pending intersection work. There are so many unknowns and we should be able to approve something now. Koch: Suggested, getting something in writing from Mr. Allard stating that the easement will be given. Allard: Reiterated that he did not have a problem with providing an easement. However, Mr. Butler is the one that needs to be convinced. Henchy: for the record, Mr. Allard is willing to give an easement to Millstone Liquors. The easement will allow access from Mr. Allard's driveway. Pierce: can we leave it this way until the intersection is finalized? Bersin: felt it should be ok. If a problem arose then they will deal with it at that point. Henchy: Mr. Allard has also requested a change to the lighting plan -this was approved at the last meeting. Bugle: wording on the special permit states a "letter" from the applicant regarding the option -should be taken out. Planning Board Meeting Page 2 of 5 04-09-08 Pierce: will easement be different when the intersection is done? Bugle: the intent is obvious and the permit should be conditioned on the easement. Taylor: how soon will DPW have a design? Bersin: approx. 2-3 weeks -should have something by the May 14`h meeting. Henchy: Requested Mr. Allard to send a draft letter of the intent of an easement. Also, we should alert Mr. Butler of the intersection work. Koch: Island or not -there is a double line and no one exiting Millstone Liquors should be taking a left turn. Mr. Butler is aware of this issue. Henchy: wanted to be assured that there would be no more surprises. And asked that we invite Mr. Butler to the May 14th regular meeting. Taylor: motioned to continue this hearing to May 14~h. Second by Tubman. All AYE 6-0-0 LEGAL HEARING #2008-07 for Modification of COPD. Applicant: Bud Noyes/Owner: N&N Real Properties, LLCC -Located at 2689 Main Street, Assessors' Map 14; Parcel 50. Proposal to recognize the rear gravel parking lot as a designated parking area. In addition, to increase seating capacity to 120 seats. Present: Bud Noyes Noyes: Provided a brief history of the restaurant. According to the health department calculations they have a septic system that can accommodate 122 seats. The ZBA has raised the number of seats from 70- 78. However, they have a parking lot that can accommodate 40 cars. So Mr. Noyes would like to increase his number of seats to 120 (3 seats per car X 40 parking spaces = 120). They do not consider employee parking because the employees park at Ocean Edge. Mr. Noyes did not want to change anything that exists but he wants to recognize the parking in the back. Henchy: Currently you have 26 recognized spaces. Do you use a dishwasher? Noyes: We have a small sanitizer for the pots and pans. Koch: The plan you saw with the DPRC is showing an increase of parking on Winslow Landing Rd. Noyes: no there is no increase Bersin: the parking layout and the sketch provided are different -there are 3 more spaces on Winslow. Tubman: there are 10 spaces there but the plan only shows 7 Henchy: can add a few more space past #30. Could you add parking toes to identify spaces? Noyes: yes Taylor: Is the "Thomas Moore" plan the most recent? What is the final? Pierce: why is the DPRC not done yet? Noyes: Mr. Staley is on vacation and will schedule soon -hopefully within the next couple of weeks. Henchy: How soon before your season begins? Planning Board Meeting Page 3 of 5 04-09-08 Noyes: We are opening next week. Bersin: Pointed out a few points: the problem with adopting this sketch is that it has not been professionally done - no engineer has stamped them. Looks like the plans are for a restaurant but not fast food. Currently, the applicant is using Winslow Landing for parking and maneuvering. Winslow Landing is narrow, only a 22 foot layout. The Board needs to be careful as to what they accept as a final plan. Koch: the last 1 or 2 parking spaces are in the road layout. Henchy: Asked what was in the road?, where the property line was? Was Winslow Landing an easement or right of way? What is paved and what is gravel? Noyes: answered questions and pointed out that parking spaces 12-16 were paved all other gravel. McMullen: Requested an engineered plan and would like to see in writing the agreement with Ocean Edge to allow for overflow parking. Henchy: asked if the plan could be provided for the April 23 meeting. Noyes: he would check with his engineer Pierce: Had the biggest problem with parking spaces 1 and 2 Noyes: no accidents in 4 years Tubman: would like to also see the center line on the plan Henchy: Asked Chief Koch if there were any safety concerns with pedestrians crossing 6A? Koch: It has been a problem with the crosswalk only; they have not had any traffic issues at this spot. Henchy: Would additional lighting on the side help? Koch: sometimes extra lighting produces glare. Noyes: When is this going to the DPRC? McMullen: We do not have a date yet but said he would talk with Mr. Staley tomorrow to schedule. Pierce: motioned to continue the hearing to April 23. Second by Bugle. All Aye 6-0-0 LEGAL HEARING -Modification of Special Permit #2004-20. Applicant: Ardeo Tuscan Tavern/Owner: Chronas Kalivas -Located at 280 Underpass Road, Assessors' Map 26; Parcel 104-1. Proposal to allow for some roof covering over the back deck. Present: Joe Jamero, owner of restaurant. Jamero: Presented his request. He would like to cover the back deck. They are not requesting any additional seating. They are just trying to find a way to stretch the season. Also, they would like to have heaters under the awning. Taylor: would you be serving food there? Jamero: we do now Taylor: has the outdoor eating area been included in the parking calculations? Planning Board Meeting Page 4 of 5 04-09-08 Jamero: They have seating capacity for 88 total (inside and outside). Bugle: Are planning on an awning? Jamero: Yes and it will be taken down in the winter Pierce: Asked if they were in the historic district? Henchy: not on Underpass. Taylor: need pictures for the record. McMullen: thought the Board should approve and leave the look/structure to Mr. Staley, the Building commissioner. Koch: did not see any concerns with the use of the deck -they have not had any complaints and it appears that it is a solid business. Bersin: no comments McMullen: Motioned to draft a favorable decision to approve the awning over the deck with infrared heat. Second by Pierce. All AYE - 6-0-0 Other Business: 1. Review and approve Meeting Minutes -February 27, 2008 -McMullen: Motioned to approve minutes with corrections. Second by Bugle. All AYE 6-0-0. Bugle motioned to adjourn. Tubman seconded. All AYE Respectfully submitted, ~ ~G Marjori a ce/Clerk T Ja ne i/Administrative Clerk z z: ~ i~ 6z ~dw 80. ~,, ~ a Planning Board Meeting Page 5 of 5 04-09-08