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HomeMy Public PortalAboutPlanning Board -- 2008-05-14 MinutesO~>o ~ a~,~'Q A'+~ 2 3~. ~~ ~ 3~` a.a O < N - s- r' ~ _= a' //~ NC RPOR~t O~ \~\\\ Date Approved with modifications: July 22, 2008 All Aye. 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 May 14, 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, Tubman and Bugle. Chairman Henchy opened the hearings May 14 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 #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 Town Representatives: Chief Koch; Robert Bersin, DPW; Doug Prentis, Engineer Abutter: Walter Butler Henchy: Read 2 letters from Mr. Allard. The first letter addressed the willingness of Mr. Allard to provide an driveway easement to Mr. Walter Butler, Millstone Liquors, for access to property. The second related to a prospective lessee -Home Care Assistance office. Bersin: Presented preliminary sketches on the revised intersection. The plans presented were in draft format and only addressed this intersection. Long term plans include revisions to all of Rte 137 down to Tubman. Prentis: discussed the different options. The preferred option was to create a 90 degree angle at the intersection. This would allow an equal view in both directions. In order to accomplish this revision, the following would need to occur: 1. Provide a common access driveway for Millstone Liquors and Mr. Allard's property. 2. For safety reasons the access should be further away from Rte 137 and more on Mr. Allard's property. 3. The driveway should provide a divider for both properties 4. The Town would need to acquire some property on the corner Bersin: The DPW is also trying to address a drainage issue that has been brought to their attention from Crocker Nurseries and Millstone Liquors. Planning Board Meeting Page 1 of 6 05-14-08 Butler: seems like we are back where we were 6 months ago. Mr. Butler reiterated that there have been no safety issues that he has seen by people entering and exiting his property. He wondered if it was legal to make him close his entrance. Henchy: It the Town deems there to be a safety concern then the Town needs to address it and Mr. Henchy hoped Mr. Butler would be open to ideas. Mr. Henchy then opened the floor to the Board. Taylor: Wanted to know where the drainage issues were. Bersin: pointed out the two locations on Rte 137. Pierce: Confirmed with Mr. Allard that an easement would be granted. Chief Koch: Felt that if an easement was granted and Mr. Butler chose not to use the modified entrance then where is the damage? Mr. Butler would have access 15 feet away from current location which can't hurt his business. Tubman: Asked Mr. Bersin when the discussion of revising this intersection occurred. Bersin: Before Mr. Allard's property was developed. But now that the additional business is there the Town needs to prioritize this modification and address the issue now. McMullen: Felt the revised intersection concept made sense because it addressed a potential safety issue and Mr. McMullen couldn't imagine it hurting either business. Henchy: Requested a timeframe for the project. Bersin: Thought they were looking at next Fall. Taylor: wanted to know where the legal easement document was? Allard: said he would have the document drafted Henchy: requested the following: 1. Legal Document -providing an easement for Mr. Butler 2. Leave Millstone Liquors access alone and let the Town address it when the intersection is revamped 3. to approve the prospective tenant -Home Care Assistance. It is understood that this tenant will be utilizing the space as a satellite office for scheduling and bookkeeping. No patients would be going into the office. Pierce: Motioned to prepare a draft decision to review and approve the Modification of Special Permit with the condition that Mr. Allard provide a legal document providing an easement to the adjacent property. The decision will be reviewed at the next meeting. Second by McMullen. All Aye. Taylor: Motioned to approve the prospective tenant -Home Care Assistance. Second by Tubman All Aye 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. Sitting on the Planning Board and present at the hearing were members Elizabeth Taylor, William Henchy, Marjorie Pierce, Robert Bugle and Amberlyn Tubman. John McMullen recused himself from Planning Board Meeting Page 2 of 6 05-14-08 this case because he was not at the first hearing. Chairman Henchy opened the continued hearing by making the Applicant and parties in interest aware of their rights to appeal Present for Applicant: Duane Landreth and Catherine McGinnis Landreth: Provided an overview of the modification request. Mr. Landreth stated that they had agreed to the continuance because the Board had wanted to obtain a legal opinion as to the ability to have two licenses (common victualler's and package store) on one premises. Henchy: Noted that Town Counsel had provided an opinion and they said nothing prohibits two licenses on one premises. Landreth: continued with his overview by noting other similar local businesses that offer take out service and sell beer/wine. Mr. Landreth noted that the parking/traffic study provided with the original decision -showed 24 parking spaces, and it assumed more traffic. However, from the experience of the owners, their lot has only been full on 2 occasions and they have not had the volume originally thought. The owners do not believe the offering of beer and wine will increase traffic. They would like to offer a one stop shop where their customers can buy their fish and wine at one location. The beer/wine will be on the high end and will not be for the discount shopper. The customer will be paying more for the product because Bayside will not be able to offer the discounts that liquor stores can offer. Mr. Landreth felt this use was consistent with the zoning bylaw. They felt this offering would be regulated by the Selectmen and if there were any concerns the Selectmen would be able to address. McGinnis: Noted that they have addressed the Boards concerns: 1. Common Victualler Permit had been granted from the Selectmen's office 2. They have applied for a new crosswalk permit from Mass Highway -the crosswalk will be in front of their store 3. Provided confirmation from 3 suppliers that deliveries will be made in box trucks Henchy: Opened the floor to the Board Tubman: liked the one stop shop, didn't like the idea of another liquor store and was not happy that the applicant was before the Board again with another change. Pierce: had no issues and didn't think there would be a huge volume of beer/wine sales Taylor: reiterated her displeasure with the applicant making yet another change to the decision, was concerned that there are already 6-7 businesses in Brewster selling liquor, thought traffic would be an issue and was concerned with enforcement Bugle: stated he was not in favor of the original application. He could not support an expansion of the existing business with a package store license. Henchy: Noted that although he was not happy that the applicant was changing the decision again - the Board really can't do anything about that. Mr. Henchy tended to agree with Ms. Taylor about traffic concerns - Mr. Henchy felt that Bayside's location is in one of the Towns worst choke points. He stated he didn't want 6A to look like Rte 28 in Yarmouth. Barber: An abutter and owner of Brewster Wine, expressed a concern over the ability to only sell upscale products. He has found that when there is a request from customers for "Coronas" that Bayside will find the need to accommodate and large trucks will be making the deliveries. Landreth: Stated that the Board can't protect business from competition. Further, he was troubled by the Board noting a traffic problem based on a hunch. Perhaps the Board could grant the modification with a provision that stated they would look at the business in a year. If the Board found an issue then they could shut down the package store license. He also stated that by allowing this product offering it would help to reduce traffic on 6A because customers will only need to buy atone stop and not need to go back out onto 6A to make another stop. Planning Board Meeting Page 3 of 6 05-14-08 Henchy: Made the point that the Planning Board was not in the business of protecting existing business from new competition. The market should decide that issue. Chief Koch: Made several points: 1. The crosswalk goes from no where to nowhere with no lighting - He would request lighting 2. Based on his experience, he has not seen where a restaurant allows for take out beer/wine. 3. Felt the Town of Brewster had a sufficient number of Package stores. He sited Ring Brothers in Dennis as example of a take out/convenience store that offers beer/wine and has seen big traffic/parking problems. 4. Thought that Bayside was a good looking business but it was a terrible location to offer this additional service. In view of these issues Chief Koch was not in favor of this modification. McGinnis: Reiterated that they will only be selling the higher end products to fit in with the positioning of the Market. Henchy: Suggested they wait on this modification until the Fall - Mr. Henchy took a poll of the Board to see where they were. Looked like 3 members were in favor in 2 were not. Mr. Henchy then asked Mr. Landreth how he would like to proceed? Landreth: Stated that traffic studies were done with the original application and didn't think they would change. Mr. Landreth requested a vote and the decision. Taylor: Motioned to close to public input. Second by Tubman. Vote: All Aye Pierce: Motioned to approve the modification of the special permit - to allow for the sale of beer (malt) and wine for off-premises consumption through the acquisition of a wine & malt package store license. Second by Tubman. ROLL CALL VOTE: William Henchy: Aye Elizabeth Taylor: No Marjorie Pierce: Aye Robert Bugle: No Amberlyn Tubman: Aye CONTINUED 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. Sitting on the Planning Board and present at the hearing were members: William Henchy, Marjorie Pierce, John McMullen, Elizabeth Taylor, Amberlyn Tubman, and Robert Bugle. Present for the applicant: Wayne Roberts and Karen Marston Roberts: prepared a revised overview of their plans for the site. He noted that they had been before the DPRC and had received a favorable response to his application. Henchy: Opened the floor to the Board Bugle: Confirmed that the applicant had been before the DPRC. He did note that the DPW Commissioner and Chief Koch had expressed a concern about traffic at this intersection. Taylor: Was concerned about the parking and requested further comments from Robert Bersin and Chief Koch, who were present at the meeting. Planning Board Meeting Page 4 of 6 05-14-08 McMullen: Noted the conservations comment that it would be difficult to gain access from the adjacent property due to wetlands. He felt that due to the limited size of the building and the limited traffic for an Antique business it would be a good use of the property. Tubman: Missed the first meeting, although I reviewed the minutes, but wanted to know if there was enough parking for the use. - It was noted that there would be 4 spaces which would be ample. Pierce: Agreed with Mr. McMullen. She felt that the sight lines were clear and the use will generate limited traffic. Henchy: Stated that the applicant can't connect with Chillingsworth due to conservation issues and the owners of this property have a right to be able to access their property. He hadn't heard of any traffic issues because of an Antique business. He was happy to see the building get remodeled. Chief Koch: Suggested that the applicant install a Right Turn Only Sign -The Town has plans to address this intersection but that is a long term issue. Bersin: Agreed that the building looks great and agreed with Chief Koch's suggestion for the right turn only sign. Roberts: They would be happy to install a sign but if they do anything that disrupts the dirt they have to go to conservation. Rick Sutton: owner of an Antique Shop on Main Street, Opened his shop last June and traffic has not been an issue. Marston: Noted they were working with the Conservation Agent to determine the best location for the bike rack. McMullen: Motioned to close to public input. Second by Bugle. All Aye. Bugle: Motioned to draft a favorable decision with the condition of installing a right hand turn only sign at the driveway. Seconded by Pierce. All Aye. CONTINUED 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. Applicant would like to request a further continuance Tubman: Motioned to continue until October 8, 2008, per the applicant's request. Seconded by Pierce. All Aye. Other Business: 1. Review draft decision for: Modification of Special Permit #2005-12. Applicant: Peter Brandt - Taylor: Motioned to approve draft. Seconded by Pierce. ROLL CALL VOTE: William Henchy: Aye Elizabeth Taylor: Aye Marjorie Pierce: Aye Robert Bugle: Aye Amberlyn Tubman: Aye John McMullen: Aye Planning Board Meeting Page 5 of 6 05-14-08 2. Review draft decision for: Modification of Special Permit #2007-10. Applicant: Jay Merchant A brief discussion regarding the decision occurred. It was determined that the following needed to be clarified in order to approve the decision: 1. obtain a report of the road condition from Robert Bersin prior to construction beginning. 2. Confirm with Jay that the original 2 waivers are requested 3. Covenant needs to be prepared by Jay's attorney 3. Review and approve the 5th revision of the application form and the Rules & Regulations for the approved Wind Turbine Bylaw Pierce: Motioned to approve the rules and regulations. Seconded by McMullen. All Aye. 4. Discussion regarding the CCC's Regional "Vision" Map -A brief discussion occurred - no motions were made 5. Review and approve Meeting Minutes from 3/26/08, 4/2/08, 4/9/08 Minutes of 3/26/08 -Pierce: Motioned to approve with modifications. Seconded by Bugle All Aye. 5-0-0 Minutes of 4/2/08 -Pierce: Motioned to approve with modifications. Seconded by Tubman. All Aye. 5-0-0 Minutes of 4/9/08 -Bugle: Motioned to approve with modifications. Seconded by McMullen. All Aye. 5-0-0 6. Review outstanding Performance Bonds - Road Inspection forms were distributed and asked to complete for the next meeting. 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, ~~.~, a_., y" /~ one Pi rce/Clerk J y ne ci/Administrate a Clerk Gtr: s ~~ 9- Ana ~o. C~ .., .~ .~ Planning Board Meeting 05-14-08 Page 6 of 6