The URL can be used to link to this page

Home My Public Portal AboutPlanning Board -- 2008-07-09 Minutes_: ~ ~"h•: ~ `' ° 9F ~~ ~~S ~~ 3 ~ ~~ a Yt, ~ - 0.~~` :~; y ////~~~/~/////////Q i e°, R A \\\\\\\\D\\\\\\\~ Jllllll l Illillti~\~ Date Approved: September 24, 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 and WORK SESSION Wednesday July 9, 2008 6:45 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board meeting at 6:45 pm in the Brewster Town Office Building with members Taylor, McMullen, Tubman, Pierce and Robert Barnard. Regular Meeting 6:45 pm Long Pond LandingM/hidah Way -request to release 2 year maintenance bond -Susan Ladue, Eastward Co. -RESCHEDULED TO 7/23 6:45 pm "Newcomb Knolls" - Letter of Credit Henchy: reviewed the revised draft and read the whole letter for the Board. Mr. Henchy stated that if the Treasurer and the Town Administrator were satisfied then he would accept this form of guarantee. Pierce motioned to accept the Letter of Credit for the Newcomb Knolls subdivision with the condition it was approved by the Treasurer and the Town Administrator. Second by Tubman. All Aye. 6-0-0 6:50 pm Informal Discussion -Underpass Road Real Estate Trust, Ray Parks -Map 27, lot 17-1 Present for discussion: Ray Parks Henchy: Read Mr. Parks' note regarding different issues on the property off Underpass Road on Commercial Street. Taylor: wanted to know the definition of a tradesman and if a welder fit that category Henchy: the new bylaw was designed to get home occupations out of homes and into commercial zones. Mr. Parks' use fits the tradesmen category. Parks: The Planning Boards decision came before the Attorney Generals office recognized the new bylaw and for this reason he is before the Board. Currently, Mr. Parks has one bay leased to a roofer and the 2"d bay leased to a tractor/street cleaner. Barnard: Mr. Barnard was comfortable with Mr. Parks request and felt a roofer was consistent with the bylaw's intent. Staley: If the Board approved the building for a tradesman use then Ray won't have to go before the Board for each individual bay. Planning Board Meeting Page 1 of 4 07-09-08 Henchy: Cautioned that the Table of Uses is vague and needs to be worked on McMullen: Felt that since Victor, the building commissioner, was the enforcement agent he could be the arbitrator. If Victor thought the use was outside the table then he could refer Mr. Parks to the Planning Board. Tubman: Would like Mr. Parks to submit a letter to let the Board know who the tenants are when the property is leased. Mr. Parks agreed. Pierce: Motioned to approve the tradesmen use on this property as it is consistent with the new bylaw. Second by Tubman. All Aye. Parks: the second item on my list is to request relief from the order of condition to shingle the front of the building. Taylor: Didn't think the shingles were necessary for the structural integrity of the building and therefore didn't think it should be a requirement. Taylor: Motioned to grant relief from the order of condition to shingle the front of the building. Second by Pierce. All Aye. Parks: My third request was for relief from the protruded green space in parking lot Tubman: Motioned to grant relief. Second by Pierce. All Aye. Parks: My fourth request was for an address correction on the decision. I am on the odd side of the road and my number should have been listed as 11 Commercial Street not 10. In addition, the fire department would like to have each bay designated with its own number in odd sequence 3 thru 11. Tubman: Motioned to correct address. Second by Pierce. All Aye. 7:00 pm Work Session Present for Work Session: Jon Witten, Ed Lewis, Dyanne Cooney, Jillian Douglas, Nancy Ice, Peter Johnson, Paul Hicks, Victor Staley, Bob McClellan, Chris Miller, Dave Bennett, John Lipman, Tom Cambareri Peter Herrmann, Dave Carlson 1. Regional Land Use Vision Map -Heather McElroy, Cape Cod Commission McElroy: Presented the revised regional land use vision Map and requested the Planning Board's endorsement of the Map. Ms. McElroy pointed out the endorsement would identify different areas in town and could allow Brewster to change the DRI thresholds. The Cape Cod Commission would allow the map to be reviewed on a periodical basis and incorporate any changes the towns deemed necessary. Taylor: Felt some of the areas noted as white (villages) should actually be brown (resource protection). In addition the Underpass area still needs to be updated and have further discussion. Lewis: Felt the maps were very generic and difficult to read. Mr. Lewis recommended that at the minimum a few key roads should be named. A key identifying the areas would also be beneficial. Douglass: How flexible can the commission be with the definitions? McElroy: The commission would like to clarify the definitions. Henchy: If we endorse the map then what are we locking into? Planning Board Meeting Page 2 of 4 07-09-08 McElroy: The endorsement of the map would provide an acknowledgement that these land use designations made sense. It would not change the way the town worked with the commission. It would be a tool to redirect growth to where the Town wanted to move. Cooney: Stated that she had been working with the commission for over one year and that she was comfortable with the map because it was a "Vision" Map. The map would be a resource for the Town when planning future development. McElroy: This map is not binding. As the "Vision" changes so can the map. Henchy: Asked for the Boards opinions: McMullen: Stated he was not ready to endorse because he was not a Planner and was concerned that this may put another constraint on business. Pierce: Thought the idea of having a "Vision" map was good. Especially, if it would help planning because the Underpass area was suppose to be attractive for business but has ended up as a storage area. Barnard: Agreed with Ms. Pierce and felt there was a need fora "Vision". However Mr. Barnard was unclear on the benefit to the Town. Taylor: Felt this was a good planning tool. The map would help to identify Zone 2, watershed, conservation and Historic areas. The map was not creating anything new and it was nice to outline the village business areas. The map would visually allow you to see potential new uses in an area. For example: Underpass Road maybe you could look at it as Retail and Mixed use. The endorsement would allow the Town to raise and lower threshold areas throughout Town. Taylor: Motioned to endorse the map with the understanding that it is a "vision" tool. Second by Pierce. VOTE: William Henchy Aye John McMullen No Marjorie Pierce Aye Amber Tubman No Elizabeth Taylor Aye Robert Barnard Aye 7:30 pm WORK SESSION #6 - To review and discuss the following: 1. Water Quality Protection Bylaw 2. Earthmoving, Earth Removal and Excavation 3. Land Clearing and Grading Witten: Reviewed revised bylaws and asked for the status of the special legislation on Water Quality Review Commission. Lewis: Rep. Turner has asked for some clarifications and was waiting for input. Mr. Lewis recommended proceeding "as is" but also requested that we be ready with a Plan "B" giving the special permit granting authority over to the Planning Board. Witten: Would be able to provide both options. If the Plan "B" option were to proceed he would include language that would allow the WQRC to be an advisory committee that would provide input. A lengthy discussion regarding specific revisions occurred. Some of the key points discussed were: 1. The town is trying to regulate things we currently know about but what about the unknown? 2. The Town needs to rely on education for home owners/landscapers to know what fertilizers are potentially doing to the ground water. 3. Concerns were brought up regarding the inability to enforce our existing bylaws. Planning Board Meeting Page 3 of 4 07-09-08 4. It was noted that the decision could be written that if a violation occurred then the permit may be revoked. 5. DEP needs to review the bylaw as soon as possible. 6. Next work session was scheduled for Tuesday, July 22 at 5pm. 2. Land Clearing and Earthmoving/Sand & Gravel Witten: At the last work session there was discussion of this bylaw being a Town Bylaw. Mr. Witten expressed concern about that approach. He recommended that it be Zoning Bylaws because if it were a Town Bylaw with Zoning changes then the AG's office would deny the bylaw. A lengthy discussion occurred regarding the Land Clearing Bylaw. Of particular interest was the amount of land cleared (10,000 SF) that would require a special permit. In general, it was agreed that the 10,000 SF siie was too small and perhaps a larger amount (25,000 SF) needed to be considered if this bylaw was going to have a chance at Town Meeting. McMullen: Motioned to adjourn. Seconded by Pierce. All Aye. Respectfully submitted, ~ 4 ~ '.:~ ~1l C~ '~~~.-t.~... M ~orie erce/Clerk Jay n /Administra ~ e Clerk E l: ~ d 9 l 1~Q 80. i . Planning Board Meeting Page 4 of 4 07-09-08