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HomeMy Public PortalAboutPlanning Board -- 2008-09-24 Minutes- Oho 9y ~~nJ (. 3 ~x a~ G u a~ a 1~~ y - r ~ ~n~'~a/ .r. ... Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 ~~" SEC '-% t' ~ ~ 14(508) 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 REGULAR MEETING Wednesday, September 24, 2008 at 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, McMullen, Tubman, Pierce, Bugle and Barnard. Chairman Henchy opened the hearing September 24, 2008 by reading the legal advertisements 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 -COPD#2008-16. Applicant: Clyde Mosher, Owner: Town of Brewster, Located at 3171 Main Street, Assessors' Map 8; Parcel 9. Proposal to relocate the Blacksmith Shop from the closed Fire Museum and to restore two existing barns. The Brewster Historical Society currently operates and maintains its Museum on Route 6A. Present: Clyde Mosher and Dave Donnelly Henchy: Read through the revised plan Mosher: Based on the input they had received, the Historic Society has revised their plans. Their goal is to increase the number of people visiting the Society and to help educate people on the history of Brewster. The Significant changes to the plan are: 1. The Blacksmith Shop will be moved to Drummer Boy 2. They will repair the large barn which will allow them to have storage and some display Henchy: asked if any departments had comments on the revision -the Board had not received anything. He then opened the floor to the Board. All members seemed to be in favor of the revised plan. Mr. Henchy then opened the floor to the Public. No Comments were made. Bugle: Motioned to draft a favorable decision to be reviewed at the next meeting. Seconded by Taylor. All Aye. LEGAL HEARING COPD #2008-08 -Applicant: Gloriae Dei Artes Foundation, Inc. Owner: HKN Trust -Property Located at 36 Southern Eagle Cartway, Assessors' Map 30; Parcel 18-1-R. Proposal to use an existing 78' x 50' building on a mixed-use site by anon-profit educational corporation for storage of educational equipment and materials. Present: Jon Idman, attorney at Singer and Singer; Chris Kanga, owner Planning Board Meeting Page 1 of 5 09-24-08 Henchy: Chairman Henchy opened the hearing September 24, 2008 by reading the legal advertisement. He stated because this applicant is anon-profit educational institution using the building in conjunction with its educational objectives, it is largely exempt from most provisions of Zoning bylaws per MGL Ch. 40A. He then read the comments received from the various Town Departments: BOH - no comments DPW - BUILDING - On July 22, 2008 the applicant noted was reviewed by the DPRC with little comment other than that the Building Official will be looking for copies of the documents that are filed with the State of Massachusetts confirming that this corporation it recognized as anon-profit educational entity. If the Planning Board finds in favor of the Special Permit petition noted above then the applicant shall proceed with a Change of Use application pursuant to Section 34 of the State Building Code 780 CMR. WATER - POLICE - no issues FIRE - 1. fire extinguishers properly placed; 2. main access road to Fire Dept. standards; 3. correct street address. Recommendations: fixed temperature fire alarm system -monitored CONS. COM. - This property is within 100 feet of wetlands and is within Conservation Commission jurisdiction. An Order of Conditions was issued in June of 2007 for the removal of two greenhouses to be replaced with a metal building and associated re-vegetation. This permit expires on June 22, 2010. The applicant is aware of this Order of Conditions and is also aware of vegetation requirements. The proposed change of use is not subject to review by the Conservation Commission. HDC-signed off - no comments The Applicant submitted a plan with lengthy discussion and questioning with and by the Applicant and interested parties. An Abutter, Paul Lucier, presented arguments for addressing screening for such a large building in a residential neighborhood. Although not required, it was agreed that 7 Leyland Cypress trees approximately 5-6 feet high planted on 10 foot centers would be planted along the side of the building to help with screening. It was also noted that the applicant needed to provide documentation to the Building Commissioner that this corporation is recognized as anon-profit educational entity. After reviewing the application and the plan with the Applicant the Board made the following motion. Motion by Taylor to prepare a draft favorable decision with the conditions discussed to be reviewed at the next regular meeting. Second by Bugle. Vote: all AYE 7-0-0 Continued Informal Discussion: Rick and Hope Cleary, Located at 130 Gull's Way, Assessor's Map 34, Parcel 55. Discussion with the Board regarding a potential division or subdivision of the approximately 9 acre property. - 9119 Attorney verbally requested to withdraw this discussion -will make formal request at hearing. Present: Jon Idman Idman: reviewed his written request to withdraw this discussion until he had time to address Town Counsels Planning Board Meeting Page 2 of 5 09-24-08 comments. Taylor: motioned to withdraw informal discussion request. Seconded by Pierce. All Aye. CONTINUED PUBLIC LEGAL HEARING: The Continued Public Hearing will be held for consideration of Zoning Bylaws to be submitted as Articles on the Town of Brewster's Fall Town Meeting Warrant on November 17, 2008. The proposed Zoning Bylaw amendment is as follows: 1. Sand & Gravel Operations: DELETING Section 179.39, "Earth Removal and excavation" as currently written and SUBSTITUE NEW Section 179.39, "Sand and Gravel Operations". The text of the proposed bylaw is available to inspect in the Town Clerk's office, the Planning Board's office, and online at the Town of Brewster's website (www. town. brewster. ma. us). Present: Paul & Steve Daniels, Roland Mayo, Cindy Grover, Jay Merchant ,Mike Antronelli Henchy: Reviewed the revised draft dated 9/24/08 and asked if anyone had questions or comments. Mayo: Will this bylaw close down all mining in the Town of Brewster? Henchy: No - as long as operators stay within the existing bylaw. Mayo: Can existing operators move to other unmined properties? Henchy: Existing properties can continue -The intent of the bylaw is to protect the Water. Mayo: isn't this restrictive and wouldn't the Town be indirectly taking the property? Henchy: no -emphasized the need to protect the water and existing operations will continue with a set of restrictions. Taylor: stated that the restrictions outlined are essentially the same as what the operators have to do for the DEP now. Henchy: Opened the discussion up to the Board. McMullen: Expressed his concern over the bylaw -specifically: - The problem the town has is not with the Sand & Gravel operators but with the lack of enforcement - He recognized that the Board had been working on this bylaw for over 1 year but felt there was still work to be done. The DCPC is in effect which limits what can be done in this area and would like to wait until the spring. - Based on these concerns, he would not support. Tubman: She had mixed thoughts. She was concerned with targeting this one group and felt that proper mining was not the issue and that there were other activities of more concern. She was not in favor of supporting the bylaw. Pierce: Had reservations about the direction the bylaw has gone. Specifically: - She felt this was one step in correcting the problem and that the Town needed to do something to manage and protect the water table. - Expressed concern over the cost of plans and felt this might make a financial hardship for applicants. Ms. Pierce felt the way paragraph C was written would prohibit mining on lots not currently being mined but owned by the current mining operators. Therefore because of the limited amount of sand left on the currently active lots there was not enough sand available to recover the additional reporting costs. Planning Board Meeting Page 3 of 5 09-24-08 Taylor: This was one step in the right direction. There are other issues but we have to start someplace and this is a good first step. The whole industrial zone should be reviewed along with the Table of Uses and modified as appropriate. She was in support. Bugle: Had serious doubts about the bylaw. Felt it would put people out of business and felt this was an extra step in restricting business in town. He stated that there are plenty of mechanisms in place to make existing Sand & Gravel operators conform. But the town just doesn't enforce. He was not in support. Barnard: Had heard some compelling negative arguments but felt the water needed to be protected. He was not sure if this bylaw was complete but felt the Town's people should have the right to make that decision and it should go on the warrant. Henchy: Opened the floor to the public: Kernan: Stressed the importance of protecting the drinking water. This bylaw will help to do just that and reiterated the fact that Mr. Witten felt the Town was on solid ground with this proposal. Further existing uses are protected as long as they follow the stipulations outlined. Daniels: Wanted to confirm that the proposed bylaw would eliminate mining from new parcels. He thought that the bylaw would pass at Town Meeting because he doesn't believe the Cape is in support of businesses. He cautioned that once sand was exhausted from existing parcels then sand would need to be trucked in and it would become expensive for home owners with septic issues. Douglass: Expressed support of the bylaw. She stated the Board had worked very hard on this draft with many people including the existing operators. This was a good 1St step. Pierce: Wanted to know what other areas in town would mining be allowed and does this open up a whole new set of issues. Taylor: The Board will need to look at other areas in town and should perhaps put a lot size requirement on the activity. Grover: stated this bylaw would put existing operations out of business. There is no way to pay for all of these required plans. Antronelli: Agreed with Ms. Grover and felt this would put him out of business. Henchy: Did not feel this would put them out of business. It would be an additional expense that unfortunately will get passed along with their product -increase cost. Taylor: motioned to forward the Sand & Gravel Bylaw to Town Meeting. Seconded by Barnard. ROLL CALL VOTE William Henchy Aye John McMullen No Elizabeth Taylor Aye Amber Tubman No Marjorie Pierce Abstained Robert Bugle No Robert Barnard Aye VOTE: 3-3-1 DENIED - a majority not reached APPROVAL NOT REQUIRED - ANR #2008-21 - Applicant/Owner: Lenore M. Dedon; Location of property: 600 Lower Road, Assessors' Map 18 ,parcel 21. Purpose to convey 2.52 acre rear land to Brewster Conservation Trust. Planning Board Meeting Page 4 of 5 09-24-08 Present: Peter Soule Soule: reviewed the plan and stated the intent of the applicant. Taylor: Motioned to endorse the plan. Seconded by McMullen VOTE: All Aye 7-0-0 APPROVAL NOT REQUIRED - ANR #2008-22 - Applicant/Owner: Catherine Clark Kroeger; Location of property: 1073 Stony Brook Road, Assessors' Map 23 ,parcels 35-1 & 35-1. Purpose to divide Lot 4 into two lots using part of Lot 1. Present: Peter Soule Soule: reviewed the plan and stated the intent of the applicant. McMullen: motioned to endorse the plan. Seconded by Bugle VOTE: All Aye 7-0-0 Other Business: 1. Review and approve Minutes: August 13, 2008 McMullen: Motioned to approve minutes. Seconded by Pierce VOTE: All Aye 7-0-0 2. Preliminary Review Comprehensive Permit Fee and Consulting Expenses for ZBA - ZBA to attend the next planning board meeting (10/8) to discuss A brief discussion occurred and it was agreed that the clerk would research fees from other Towns and present the information for the next meeting. 3. Doeg -The clerk was instructed to invite Mr. Doeg to attend the next Planning Board meeting McMullen: Motioned to adjourn. Seconded by Pierce. All Aye. Respectfully submitted, Marjorie fierce/Clerk Planning Board Meeting 09-24-08 J nne ci/Administrative Clerk Page 5 of 5