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HomeMy Public PortalAboutPlanning Board -- 2008-10-22 Minutes`o~~~~\\\\\r\rrRUE II~uS ~/i,~////~i~ ~~ Off( J o '~ F.l' D E q ~B ~`~~ ~~~I `x ~~Q ~ ~ O U - 9Y' ~~ ~.` ~~' ///////~~~Ilrlllll l I Ni141U1\\11\\\ \ Date Approved: December 17, 2008 VOTE: 6-0-0 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, October 22, 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, Pierce, Bugle and Barnard. Before the Hearing began Ed Lewis presented Marjorie Pierce with a plaque honoring her service and dedication to the Town over the past 19 years! Congratulations Marjorie! Chairman Henchy opened the hearing October 22, 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. LEGAL HEARING #2008-23: Applicant: Tom Burrows and Kathleen Nelson -Located at 735 Tubman Road, Assessor's Map 26, parcel 64 & 64-1. Proposal to erect a 130' wind turbine on vacant lot adjacent their residence. Present: Tom Burrows and Kathleen Nelson. Mr. Henchy read the following comments from other Town Boards or Departments. BOH - DPW - BUILDING -will have DPRC hearing in early November WATER - no comments POLICE - FIRE - no Fire or EMS requirements - go for it! CONS. COM. - A GIS review shows this property to be located more than 100 feet from wetland resources and is thus outside of Conservation Commission jurisdiction. As shown in the application, the property is also outside of the Mass. Natural Heritage and Endangered Species Program Estimated and Priority Habitat for Rare Species. HDC-signed off Planning Board Meeting Page 1 of 6 10-22-08 There were several letters in support of the turbine that were read into the minutes. Letters of support were received from the following: 1. Erik and Ann Paus, 740 Tubman Road 2. Elizabeth Johnstone 3. Eli Woods, 352 Long Pond Road In addition, two letters giving permission to allow a portion of the "Fall Zone" on their property were provided: 1. Harriett Finkel, Trustee, Corbin Family Realty Trust 2. Peter and Anne Blatz Mr. Henchy then asked the applicant to make his presentation. The applicant, Tom Burrows, presented his application for a proposed 130 foot medium scale wind energy turbine (MWET) as an accessory use to a single family home and accessory artist studio. A lengthy discussion occurred which addressed the sound, endangered species, setbacks and shadow effects. Mr. Henchy then opened the floor to the Board. Mr. Barnard confirmed the height of the turbine as 130 feet, Ms. Pierce and Ms. Taylor had no comment except that they were supportive. Mr. Bugle questioned the accessibility of the service box and Mr. Burrows confirmed that the area around it would be fenced. Mr. Henchy then opened the floor to the Public. An Abutter, at 687 Tubman: questioned whether a wind study had been done? Burrows: No study specific to his property had been done. However, the government has done numerous studies and they have found that this is a great area zone for wind. Mr. Burrows plans to tie into the grid and sell back any unused power. An Abutter from Boulder Road: was disappointed that the first she had heard of this project was from a postcard notifying the abutters. An Abutter at 692 Tubman Road: expressed her support Steinmetiz (an abutter): asked what the turn rate was and how come he saw the turbine over by the Tech. school shut off on occasion. Mr. Burrows addressed the turn rate and stated that the other turbine was having some mechanical issues. Mr. Henchy asked if anyone else had any input. No further comments were made. Bugle: motioned to close the Public. Second by Pierce. All Aye. Bugle: motioned to draft a favorable decision to be reviewed and acted on at the next meeting. Second by Taylor. Vote: 5-0-0 ANR #2008-24: Applicant: Tom Burrows and Kathleen Nelson/Owner: HUDUYU Trust -Located at 735 Tubman Road, Assessor's Map 26, parcel 64 & 64-1. Proposal to combine 2 lots into 1 lot. Present: Tom Burrows and Kathleen Nelson Henchy: Reviewed the application and plan. He then opened the floor to the Board. No comments. He opened the floor to the public. No comments. Bugle: Motioned to endorse the plan. Seconded by Taylor. All Aye. Planning Board Meeting Page 2 of 6 10-22-08 PUBLIC LEGAL HEARING FOR A CITIZENS PETITION: The Public Hearing will be held for consideration of a Citizens Petition for a Zoning Bylaw Amendment to be submitted as an Article on the Town of Brewster's Fall Town Meeting Warrant on November 17, 2008. The proposed Zoning Bylaw amendment is as follows: ZONING BYLAW AMENDMENT / Earthmoving, Earth Removal and Excavations ARTICLE NO. 18: To see if the Town of Brewster will vote to amend the Code of the Town of Brewster, Massachusetts, by deleting Chapter 89-3, Dredging and Soil Removal, Article II, Soil Removal and amend Chapter 179 (Zoning Bylaw), by DELETING § 179-39, "Earth Removal and excavation" as currently written and SUBSTITUTE NEW § 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: Peter Johnson, representing the Citizens Also Present: Ed Lewis, Charlie Sumner, Victor Staley, Chris Miller, Jillian Douglass, Paul Daniels, Steve Daniels, Mike Antronelli, Cindy Grove, Jay Merchant, Peter Soule, Jean Boehm, Pal Burton, Jim Foley Johnson: He explained the reason for the Citizens Petition. He has been very involved in helping the Town develop Water Quality Protection Bylaws. It was his understanding that the Sand & Gravel Bylaw works in conjunction with the Water bylaw and that it needed to be presented to the Town and give the people the opportunity to vote on the article. In just 2 days, Mr. Johnson was able to obtain over 175 signatures well over the 100 signatures necessary to bring a Citizens Petition article to Town Meeting. Mr. Johnson reviewed the bylaw with Town Counsel and made several changes. This revised draft is being reviewed tonight. Henchy: Mr. Henchy has had discussion with Town Counsel, Peter Johnson and Jay Merchant. It is his understanding that there are amendments that will be presented on Town Meeting floor. The amendments would allow Sand & Gravel operations on all lots in the industrial zone provided they have a special permit. Johnson: Expressed the importance of protecting the Towns groundwater. He has had further discussions with the Sand & Gravel operators and they are in support of the revised article. Sumner: Mr. Sumner noted that over the past several weeks he has been very involved in the review of this bylaw. He has learned the following: 1. The original bylaw did not allow Sand & Gravel operations on unmined parcels in the "I" zone. 2. There are only approx. 52 acres of land left in the "I" zone that have been unmined. Of that 52 acres 14 '/2 acres already have a WQRC certificate so we really are talking about 37.5 acres. 3. Based on the limited amount of land affected, he felt the activity should be allowed as long as it had a special permit. 4. He noted that Town Counsel was present with the proposed amendment for Town Meeting floor. 5. Felt strongly that we need to protect the Town's drinking water 6. This is just another step to protecting the water and the article is fair. 7. Some Sand & Gravel operators are supportive. Lewis: The DCPC process began last February and had the support of all the Town's Boards/Committees. At that time they made a commitment not to put anyone out of business. He re-emphasized that by allowing the modified bylaw with the amendment then everyone would be playing on the same field and there would be some controls established. This is a good deal for the Town and it will help to protect our groundwater. Benatti: Introduced the 3 amendments and a discussion occurred. Henchy: Opened the floor to the public. Daniels: wanted to confirm that if they adhered to what was required for a special permit then it would be granted. Henchy: confirmed that there would have to be a good reason to deny. Mr. Henchy then asked if the stump dump was authorized. Daniels: No. Planning Board Meeting Page 3 of 6 10-22-08 Sumner: Stated that Mr. Daniels was working with the Town and he knows they just want to make sure that his operation complies. Merchant: Stated he was in support of the Article with the amendments. Henchy: Opened the floor to the Board Bugle: felt the bylaw looked better but still felt there were some holes. Taylor: supportive of this article along with the Water Quality article Pierce: supportive with the changes because it will allow mining on abutting lots Barnard: noted that he had voted in favor the last time through but thought this revision was better especially with the amendments. Burton: Stated that he is not mining now but would he be required to get a special permit. Staley: Actually, your operation is not in compliance now and you would need to get a permit. A brief discussion occurred and it was agreed that this issue did not apply to the bylaw being discussed and the issue should be taken off line. Taylor: Motioned to recommend the Citizens Petition Article as it appears to Town Meeting. Seconded by Barnard. ROLL CALL VOTE: (4-1-0) William Henchy Aye Elizabeth Taylor Aye Marjorie Pierce Aye Robert Bugle No Robert Barnard Aye Pierce: Motioned to recommend supporting the amendments as presented by Town Counsel. Seconded by Taylor. ROLL CALL VOTE: (4-0-1) William Henchy Aye Elizabeth Taylor Aye Marjorie Pierce Aye Robert Bugle Abstained Robert Barnard Aye Informal Discussion: John Moysten representing Ocean Edge Resort located at 2680 Main Street Present: John Moysten; Bob Keenan, Landscape Architect Moysten: Outlined why he was there, which was primarily because Mr. Staley, the Building Commissioner, noticed some inconsistencies at the property with what the Board approved. They have added 4 parking spaces on the west side of the building and they have added an additional dumpster for recycling. The additional access has been provided for safety. Pierce: Noted that she had been out to the parking lot and was concerned about the surface of the lot. There are significant dips. Moysten: He was aware of this issue and would have it addressed. Henchy: Noted that he, too, had been out to the property and was more concerned with the garage. It appeared to be held together with rods and didn't look safe. Planning Board Meeting Page 4 of 6 10-22-08 Keenan: He knew of the issue and agreed the garage needed to be addressed. Henchy: Requested a corrected plan for the file. Moysten: Submitted a plan for the file. Bugle: Motioned to accept the revised site plan and agreed that the applicant has completed the conditions of the Special Permit. Seconded by Taylor. VOTE: All Aye Other Business: 1. Review the comments received for the Emergency Access Bylaw Present: Jillian Douglass Douglass: had a submitted an email outlining her concerns regarding the proposed article. She recognized that changes could not be made at this point but perhaps could be changed in the Spring. Essentially, she noted that the proposed bylaw does not allow for the Town to remove items blocking road layouts (i.e. rocks, fences, gardens). Henchy: Felt the Planning Board had the right to address owners who impede the road layout. Mr. Henchy felt the Board could write a demand letter asking the person to correct the issue within a time limit. The Building Commissioner would then have to enforce. The Planning Board owns the Town Map and this is within the authority of the Board. A discussion regarding this issue occurred. Bugle: Motioned to allow the Planning Board to write letters to property owners who have blocked streets that they must clear and or restore the layout to allow access. Seconded by Taylor. All Aye. 2. Review correspondence received for 130 Gulls Way (2 letters) Present: Jean Boehm Henchy: reviewed the letters Boehm: reiterated her concern which was, why Mr. Cleary would be allowed to subdivide or do an ANR and sub- divide. Henchy: He mentioned that in order for the lot to be subdivided, Mr. Cleary would have to bring the whole road (Gull's Way) up to code. A discussion revolved around Ms. Boehm's concern. 3. ZBA's request for department review of revised White Rock Common application/plan A discussion revolved around the revised plan. The Board agreed that Mr. Henchy would write a letter to the ZBA. Bugle: motioned to support the revised proposal because it was better than the original plan. Seconded by Taylor. All Aye 4. Review of proposed new Planning Board fees The proposed schedule of fees looked ok for the Public Hearing. Planning Board Meeting Page 5 of 6 10-22-08 5. Review memo received regarding The Woodland of Pleasant Bay, 120 Woodlands Way A brief discussion occurred. And the following issues were brought forward: 1. What is the defined use for the building? 2. What is the actual size of the building? 3. Need to confirm the size of the parking spaces 4. Was there a need to go to the Cape Cod Commission? 5. Where are the catch basins? 6. Review Minutes of Work Session 7/31 Bugle: Motioned to approve the minutes with Marjorie's modifications. Seconded by Taylor. All Aye. Taylor: Motioned to adjourn. Seconded by Pierce. All Aye. Respectfully submitted, ~`~ t!1J ~Ct'~.~ Marjorie Pi rce/Clerk J n e i dministrative Clerk S ~.. ' ~.. 41v~ NUi ` ~,0, Planning Board Meeting Page 6 of 6 10-22-08