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Home My Public Portal AboutPlanning Board -- 2008-09-23 Minutes~`\\\\~~\~`~\~uu t1I ~ r u ruuurriiii~, // \\\~ ARE W g~.~ 04eoF ti ~ a F~~° s Z ~-- ~ 3 = _ x ;~ - - 0 u - -9 i ~ ~ ~ ~ ~ ...iii"':,-„a,.,z..>~rt';:~ ~ /%//////~//~ 1~~// I I!! I f l I I l I l 4 4 l 1 l 1\\\\\ \~~"~\\\\ \ fti'r ~-. Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 '~~ DES -5 {-' ~1(~08) 896-3701 ext. 133 FAX (508) 896-8089 Date Approved with modification: December 3, 2008; VOTE 6-0-0 TOWN OF BREWSTER MINUTES OF PLANNING BOARD Work Session Tuesday, September 23, 2008 at 3:00 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board work session at 3:00 pm in the Brewster Town Office Building with members Henchy, Taylor, Pierce, McMullen and Barnard 3:00 pm WORK SESSION #12 - To review and discuss the following: 1. Sand & Gravel Operations Bylaw Present: Victor Staley, Nancy Ice, Joanne Hughes, Jillian Douglass, Dyanne Cooney, Tom Cambareri (Cape Cod Commission), Don Keernan, Jon Witten Henchy: Called the work session to order. A review of the revised Draft Sand & Gravel Bylaw dated 9/22/08 had been prepared and distributed. Mr. Henchy pointed out that the changes incorporated the comments from the last work session. Witten: Reiterated his opinion that Paragraph "C" -which stated no special permit will be issued on unmined parcels -was legal. It is a zoning requirement written to protect the Town's drinking water. Mr. Witten also addressed the differences between a license and a special permit. For a license: - it is issued by permission it is issued freely and is revocable - the applicant must comply with any restrictions - there is no grandfathering - the WQRC could be the authority issuing the license - explict terms could be defined -stating what it takes to get license and how it can be revoked - the town has more control - you can establish a quota on the number of licenses issued - takes a majority vote at Town Meeting to pass - not bound by the same authority as a special permit and there is discretion allowed For a Special Permit: - grandfathering is provided - the applicant can appeal a decision - takes a 2/3 vote at Town Meeting to pass Planning Board Meeting Page 1 of 2 09-23-08 Taylor: noted that if we went the license route then procedures would need to be developed Henchy: Expressed concern over taking a new direction at this late stage and felt the Board should continue with the bylaw. McMullen: Expressed his concern with the proposed bylaw: - felt the Board started out with the goal to protect the drinking water. Now it seems the intent of the bylaw is to shut down sand & gravel operations. This shut down will add additional cost to homeowners because they will have to truck in sand. Mr. McMullen suggested allowing the operation but in another part of Town. This new approach is a big change from the original ideas and he was not in support of the existing draft. Henchy: reiterated the need to protect the drinking water Cooney: was concerned that the bylaw is town wide and not only for Zone 2. She expressed concern over trying to educate the Town on this issue if it was a town wide restriction. McMullen: felt there were many outstanding issues and the Board should not rush into making a decision. There would be no harm in waiting until the spring because we have the protection of the DCPC. Witten: Mr. Witten pointed out that the proposed Water Quality Protection bylaw referenced this bylaw and that the intent of the bylaws was to be written/proposed together. If the town didn't bring the sand & gravel bylaw forward then they could be leaving the door open for existing business to get to other parcels and be grandfathered. Pierce: It appears that the way the bylaw is written now it is intended to monitor existing business and felt that we should be able to work directly with the miners on what the town needed. Further, the Board of Health could also establish restrictions on these businesses. Witten: confirmed the direction of the bylaw: - No new sand and gravel operations in town - All pre-existing operations would be bound by the special permit process - No mining below 10 feet - No expansion without a special permit The discussion continued and further minor edits were made. McMullen: motioned to adjourn. Tubman seconded. All AYE Respectfully submitted, j'1-1~-i ~ t~ ~- Marjorie W. Pierce/Clerk yann S i/Administrative Clerk Planning Board Meeting Page 2 of 2 09-23-08