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HomeMy Public PortalAboutPlanning Board -- 2008-04-23 Minutes\`\\\\~~..~ aE w s ~.~~ ~i/ O ~> o • F'h~ .. = s'~- ~ ~ ~ ~"r a~ 3~ 9~D= ~. ' - ~' 11~111t11f Il I I lllllllll\\1\ Date Approved: May 28, 2008 Vote: 7-0-0 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 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, Pierce, McMullen and Bugle. Chairman Henchy opened the hearings April 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. CONTINUED LEGAL HEARING -Modification of Special Permit #2005-07. Applicant: James McGinnis, Cathy McGinnis, Todd Hoyt d/b/a Bayside Seafood -Located at 2740 Main Street, Assessors' Map 14; Parcel 61-1. Proposal to allow for the sale of beer (malt) and wine for off-premises consumption through the acquisition of a wine & malt package store license. Present for Applicant: Duane Landreth, Attorney, Cathy McGinnis, Todd Hoyt Landreth: It appears that we do not have a quorum for our hearing. Mr. McMullen was not present for the first hearing and we respectfully request that we continue our hearing until Ms. Tubman is present. Due to this request we would be ok with extending the date for a decision by 2 weeks (June 25'n) Bugle: Motioned to continue to next hearing. Second by Taylor. All Aye. CONTINUED LEGAL HEARING #2008-01 -Modification of 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 from 9 spaces. Present for Applicant: Peter Brandt, Tim Brady Brady: presented a revised plan that showed catch basins. Mr. Brady has been working with the Conservation Commission and has received an order of conditions. Ideally, the Commission would like to see a retrofitted basin however, that is not in their jurisdiction. Mr. Brady felt that it was not necessary because they were really unsure if it would be beneficial at the location. Planning Board Meeting Page 1 of 6 04-23-08 Taylor: reviewed the order of conditions and felt that it was important for the Planning Board to take the Commissions recommendations into consideration when deciding this case. A discussion occurred regarding a leaching basin versus a retrofitted basin. Bugle: Felt a retrofitted basin was appropriate. Pierce: Not persuaded either way. She would like to wait for the conditions to be met. McMullen: Are repairs done inside the garage? Brandt: yes McMullen: Are there drains in garage? Brandt: no - it is not allowed Henchy: What is the cost to determine the water level? Brady: approximately $1,000 for well drilling and engineering McMullen: Are there hazardous materials? Brady: they are working with the Board of Health and not finished yet. Brandt: They want to have the occupancy of the building and want to be able to move forward. Mr. Brandt would be wiling to modify his application to allow major repair and withdraw the request to increase the number of cars. Henchy: Saw no problem with the major repair request. However, he also agreed with Ms. Pierce that they should wait for reports from other Commissions/Boards and then make the determination. Taylor: If we approve then what are we really dealing with? There have been no gains on the protection. Brady: The paved area in the 50' buffer zone is being given up for paved area outside the zone. Henchy: Is there an easy way to determine the groundwater? Brady: What will the number tell you? The level always fluctuates. Henchy: How often do you clean the catch basin? Brady: There can be years between cleanings because of the limited drainage into the basin. Henchy: Can we condition that the basin be cleaned? Taylor: That has nothing to do with protection of groundwater. Brady: The retrofitting requested by the Conservation Commission will cost approximately $4-5,000. Pierce: Thought the retrofitting was the safest way to handle. She had to defer to the expertise of the conservation commission. Pierce: Motioned to draft a favorable decision to be reviewed at the next meeting: 1. Change the words in the permit from minor car repair to MAJOR car repair. 2. Allow the increase in cars to 34 spaces. 3. Permit is conditioned on retrofitting the catch basin per the Conservation Commission recommendations. McMullen 2"d the motion. Vote: All Aye Planning Board Meeting Page 2 of 6 04-23-08 LEGAL HEARING # 2008-08 -Modification of Subdivision Plan #2007-10 to a Cluster Subdivision. Applicant: Jay Merchant; Located off A.P. Newcomb Road on Assessors' Map 36, Parcels 1 & 5. Proposal for a definitive plan to modify existing 16 lot subdivision plan to a 16 lot "cluster" subdivision. Present: James Stinson, attorney for applicant and Jay Merchant Stinson: Submitted a revised plan that outlines the zoning for the subdivision. He also submitted the recorded ZBA decision. He stated that Mr. Merchant would be happy to execute a formal covenant. Henchy: Read the Department reviews. Would like the Water Dept. to clarify their comments. Merchant: Said he would be happy to sit down with Paul Hicks and clear up the requirements for the water department. Taylor: Would you still put up the gates on the N-Star easement? Merchant: yes Henchy: Opened to the Board. All board members were ok with the revised "cluster" subdivision. He then opened the floor to the public. No comments. Bugle: Motioned to close to Public Input. Second by Taylor. Taylor: wanted to know about the road bond. Stinson: Wanted to know if a letter of credit would take care of the bond. Taylor: Didn't think the treasurer would accept a letter of credit. Merchant: Could the bond be lowered? Taylor: The bond is based on the linear foot of the road - so it would be lowered. Pierce: Motioned to draft a favorable decision for the "cluster" subdivision and review at the next meeting. Second by Bugle. All AYE. Taylor: shouldn't the decision have a condition that a conservation restriction is required. Henchy: yes, we can hold back on releasing all lots until the conservation restriction is done. LEGAL HEARING COPD #2008-10. Applicant: Wayne Roberts/Karen Marston/Owner: Robert & Patricia Rabin -Located at 2421 Main Street, Assessors' Map 15; Parcel 75. Proposal to open an antique shop, no service, no menu, open weekends and weekly by chance or appointment. Present: Wayne Roberts and Karen Marston Taylor: was concerned that the case be heard prior to the applicant going to the DPRC. McMullen: said he had talked with Victor and the meeting was delayed because he had been on vacation. The meeting will be scheduled asap and it would be ok to hear the case pending the DPRC. Roberts: Presented and read a revised detailed summary outlining their plans for the shop. Henchy: Read in the letter from an abutter -who was in support of the use. Henchy: Read through Section 179.67 of the zoning bylaws and made the following notes: Planning Board Meeting Page 3 of 6 04-23-08 access: 1 driveway, no shared driveway -the problem with the lot is the offset driveway and the intersection parking design standards - 4 spaces are necessary and available -interior space is 700 SF - loading will occur through front door (no rear loading area available) -existing parking is on the side -bike rack will be provided (applicant needs to go to conservation and HDC for input) Landscape design standard: would like to install a picket fence and create acourtyard -need to provide a buffer on property -applicant needs to provide a landscape plan (plan needs to meet with conservation commission approval. -There will be no storage outside -there will be no physical changes to the building o Mr. Henchy read letter from Conservation Henchy: Read through Section 179.51 Special Permits -findings: - consistent with Comprehensive Plan -yes - is in harmony with the character of the neighborhood -yes - Site Suitable -yes - Adequate access -yes - Adequate streets for entering and exiting site -somewhat close on this one - Incorporated applicable trip reduction measures -yes - Adequate parking -yes - Suitably landscaped - a plan will be submitted - Adequate sewage disposal -yes - Adequate utilities -yes - No degradation of groundwater -yes - No damage to wildlife -yes - Use complies with all applicable provisions of the Zoning Bylaw -yes Henchy: Opened to the Board Pierce: felt this was the best use for the property McMullen: questioned the use of the shed and wanted to confirm where the parking spaces were. Roberts: The shed would be kept for gardening use (e.g. lawn mower, rakes). The existing parking is 2 spaces to the left and 2 to the right. There is enough space to eliminate the desire to back out on 6A. McMullen: Thought this was the best use for the property and thought the traffic exiting/entering would not be significant. Taylor: Would like to see the building in use. However, she was concerned about the difficult intersection. In the Police and Fire Dept. reviews, they both mentioned a concern with the intersection. Marston: Noted that the owners of Chillingsworth said it was ok for people to park in their lot and walk over. Bugle: had mixed feelings on the traffic issues. Henchy: read in the Dept. reviews as follows: BOH - signed off, no comments DPW - BUILDING - WATER - no comments POLICE -expressed his preference that the Chillingsworth property be used for traffic because of the proximity of the proposed driveway to the already troublesome intersection. -may have more comments after the DPRC. FIRE - Access from other than old 6A curb cut - to dangerous! Planning Board Meeting Page 4 of 6 04-23-08 - see previous reviews and ruling on this property - dangerous intersection -has been discussed before - no change in thoughts about access from Chillingsworth lot CONS. COM. -There is a wetland behind the property. Almost the entire lot except the southeast corner is within 100' of the wetland and therefore is withing the jurisdiction of the Conservation Commission. Prior review and permitting by the Commission is required for any activities that will remove, fill, dredge, alter, or build upon or within 100' of any wetland, including the removal of vegetation. The removal of vegetation within 100' of the wetland has recently been observed at the property and a cease and desist letter has been issued. Other activities such as alterations and improvements to the parking area will also require Conservation approval. HDC- signed off - no comments Henchy: opened the floor to the public. Schaeffer, an abutter: said he was happy to see the eyesore go away and he was in favor of the project. Anthony, an abutter: There has never been a traffic problem at this intersection. He was in support because he thought anything that could fix up this site would be a great improvement. Taylor: Felt before a decision could be made the DPRC meeting needed to occur. Henchy: Suggested that because the applicant needed to supply a landscape plan they should continue the hearing until the next meeting. Bugle: Motioned to continue to next hearing. Second by Pierce. All AYE PUBLIC HEARING: 1. To review and approve the application form and the Rules & Regulations for the approved Wind Turbine Bylaw The text of the approved bylaw, proposed application form and the proposed rules/regulations are available to review in the Planning Board's office. A review on the rules and regulations occurred. Several changes were made and it was agreed that the clerk would make the changes and then the board would review again at the next meeting. Other Business: 1. Review draft decision for Ardeo's approve it as written. Roll Call Vote: Chairman, William Henchy AYE John McMullen AYE Marjorie Pierce AYE - The Planning Board reviewed the draft decision and voted to Elizabeth Taylor AYE Robert Bugle AYE Amberlyn Tubman AYE 2. Discussion regarding the proposed Town Planner - A review and discussion of the draft job description and flow chart occurred. Henchy: Thought the Planning Board should still get a stipend Pierce: Felt that the existing policy makers had enough Managers on staff and they have held the Town together. She felt that the Town really needed more internal support staff. She was not supportive. McMullen: Wondered how other Towns handle planning? Felt that the money could be better used for Planning Board Meeting 04-23-08 Page 5 of 6 enforcement. Henchy: Brewster does not have the same issues as other Towns. Felt Brewster had some of the best zoning and the Town has developed nicely. The estimated cost is $99,000. Taylor: Supports the Planner McMullen: Was reluctant to ok the planner under the current structure. He would like to see the Planner report to the Planning Board. Bugle: thought the Town needed more staff -especially for enforcement Henchy: Suggested that he draft a letter to the Selectmen outlining the Planning Boards position. Mr. Henchy would circulate the draft to the Board for their review prior to sending. 3. Discussion regarding the CCC's Regional "Vision" Map -tabled and would be discussed at next meeting 4. Review and approve Meeting Minutes from 3/12/08 -Pierce: Motioned to approve the minutes as written. Second by Taylor. All Aye. 5. Review outstanding Performance Bonds - during a very brief discussion it was agreed that the Mr. Henchy and Mr. Bugle would go out and prepare road inspection reports on McShane's property and on the Greenland Assoc. 6. Discussion: topics to be addressed for fall town meeting -assign lead contact Tabled to next meeting. Bugle motioned to adjourn. Taylor seconded. All AYE Respectfully submitted, V c ~~ w ~~ Marjorie Pierce/Clerk anne ci/Administrative Clerk Planning Board Meeting 04-23-08 ~o: z a t- r eo. -.~:a Page 6 of 6