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Home My Public Portal AboutPlanning Board -- 2008-06-05 MinutesK'ti'3~"~r'~ `\ \\\\\~~1~1111111i1i1E H~lplll//i~/i,/ii~~ ~ ti ~ ro . 4 , \```,~ ~~4o~aSTl~`°~~~ ~ Brewster Planning Board p F, o B9 ° ~ ~~ 2198 Main Street `~ ~ ~_~ ~~~~ ~ ~` ~08 S[P ~ 1 !'; ~ ~5 $ Brewster, Massachusetts 02631-1898 3 ~ a~ y ° (508) 896-3701 ext. 133 ~ - s .~" y ` FAX (508) 896-8089 i//////~//%/ EB. 1 g pi BO ~\\\.~\\\~ iiii i r i ~ r r r r r n u o u m u u 11~" Date Approved: August 13, 2008 Taylor: Motioned to approve. Seconded by Barnard Vote: All Aye TOWN OF BREWSTER MINUTES OF PLANNING BOARD Work Session Wednesday June 5, 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 Henchy, Taylor and Barnard WORK SESSION #5 continued - To review and discuss the Water Quality Protection Bylaw. Present for discussion: Ed Lewis, Dyanne Cooney, Nancy Ice, Chris Miller, Jillian Douglass, Peter Johnson, Joanne Hughes, Robert McClellan, Jon Lipman, Jon Witten (advisor for the Town) Henchy: The revised draft bylaw has been written for it to become a Town bylaw. Witten: Would like to start with the proposed Special Legislation that addresses making the WQRC a commission with special permit granting authority. Mr. Witten reiterated that the fact that you can't have a committee and a commission and he assumed that the legislation could be passed. Otherwise the bylaw would need to be drafted with one of the three SPGA authorities (Planning Board, ZBA or the Selectmen). Further the Selectmen would have the strength to move the legislation forward. Lewis: If the Town proceeds on this path then it would eliminate the grandfathering. Witten: The best way to approach the water protection is through a 3 pronged approach: The first is the DCPC, the second is with BOH regulations and the third is with zoning bylaws. It is important to note that any pre-existing uses will not be affected by this change. However, if the pre-existing business/use were to change or expand then these bylaws may apply. Hughes: noted that there are currently seven WQRC committee members and thought the building commission and BOH agent should be included on the new WQRC commission. Witten: Urged the attendees not to include staff as commission members. Hughes: The WQRC would need a staff to assist with the decisions and the clerical work. The work of the commission would require a lot of work. Douglass: Expressed concern about trying to go through with a special legislation. Suggested approaching the bylaw without the legislation and once it gets approved then revise the water bylaw. Planning Board Meeting Page 1 of 2 06-05-08 Witten: You could go this approach but if you did it would essentially wipe out the WQRC. This bylaw would require a business to obtain a permit. The WQRC issuing an order of compliance certificate has no legal standing. Lewis: Can any existing SPGA have a condition built in the decision requiring a certificate from the WQRC committee? Witten: An advisor report can be requested -but you can't say a special permit is deferred due to the WQRC. However, you can say that based on a report received from the WQRC the SPGA denies the permit. A negative report can be a reason for a denial but the Permit Granting Authority is the one making the denial. Henchy: Any chance of getting this done for the Fall Town Meeting? Witten: It really depends on the Town's relationship with the Delegation. But he didn't think it should be a problem. If necessary he would prepare another option that would give the decision making authority to an existing SPGA. Hicks: read through parts of an existing model groundwater bylaw. Lewis: expressed concern that if you allow an existing SPGA to issue decisions then they could decide not to listen to the WQRC. Witten: Understood Mr. Lewis's concerns but there are prohibited uses listed in the bylaws. So a SPGA cannot override the use table. Perhaps we could add a provision that no use variances are allowed in Zone 1 or Zone 2. If an applicant were not happy with a decision then they could go to Superior Court or Land Court. Johnson: Mentioned that the Town should not give up on pulling the plug on the Use Variance bylaw. He felt the town was very confused and didn't understand the proposed change. Lewis: Thought if the Town were to take out the use variance then it should apply only to Zone 2. Mr. Lewis also felt that a condition should/could be added that included: "The WQRC consists of (Fill the members). The WQRC shall issue a report within (blank) days and the SPGA will review this report in determining the decision" Hicks: mentioned, again, that the DEP needs to review this bylaw. He would like to make sure they have adequate time for the review. Witten: Made a special note that the attendees should take a careful look at the prohibited uses and make sure everyone is on board with those uses mentioned. A discussion revolved around the nursing homes and the fact that they generate hazardous waste. Further, emphasized the fact that this bylaw addresses groundwater. Surface water and the Pleasant Bay solution should be addressed later. Hughes: Asked if Mr. Witten could work with the BOH on regulations. Mr. Witten agreed. Johnson: Felt that the time was now to be aggressive with the bylaws. The town needs to protect the groundwater. In addition, Mr. Johnson felt it was important to sell the approach prior to Town Meeting. Henchy: Scheduled the next work session for June 26th at 7:30 pm. Taylor motioned to adjourn. Barnard seconded. All AYE Respectfully submitted, ~ ~ ~, Marjorie .Pierce/Clerk Planning Board Meeting 06-05-08 ann Sci/Administrative Clerk Page 2 of 2