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Home My Public Portal AboutPlanning Board -- 2008-11-12 Minutes\\\o~p~\.~ R E W S r i//iif~f~ ` ~FYE DBq°6'q4~~~// ~~ c 9F Rr ~ ~'e 4 ~ _ ~ "~~ 3, A ~ .~ s~ D O ~, 'fwn ,r Gz Y : + /////////ii ~a' R jg Riao3 ~\\~~\\~\\\\\\ Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 Date Approved with modifications: January 28, 2009; VOTE: 7-0-0 TOWN OF BREWSTER MINUTES OF PLANNING BOARD REGULAR MEETING Wednesday, November 12, 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 McMullen, Tubman, Pierce, Bugle and Barnard. Chairman Henchy opened the hearing November 12, 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. Other Business: 1. Discussion with the Cape Cod Commission and Brewster's Community Preservation Committee regarding the Brewster Housing Production Plan Present: Paul Ruchinskas, Paul Hush, Jillian Douglass Ruchinskas: Reviewed the housing document prepared on behalf of the Community Preservation Committee. The intent of the CPC was to provide a useful document for the Town and to comply with 40B regulations. Further, he noted that if the Town approved and met the guidelines outlined then the Town may not be forced to accept a 406. The Goal for the CPC is the following: 1. Obtain feedback from the Planning Board -especially as it relates to the Zoning & Planning Strategies outlined on page 10. 2. At some point in the near future, obtain the Planning Board and Selectmen's approval. Hush: The report was financed by the CPC because they had funds available. Mr. Hush would like this report to be considered by the Board because this is an important document for the Town. The committee realizes that it will take some time to review. Pierce: Would like to have some feedback from Douglass. Douglass: Stated that the Housing Authority had not really had a chance to fully review. She felt that the Planning Board will be able to help set policy for the Town. She felt that the Planning Board may hear different opinions from other committees for example. 1. Housing Partnership -they are focused on the small sites 2. Housing Authority - is focused on subsidized housing, grants and the lower income 3. Community Preservation -felt they were focused on the higher income Pierce: So the CPC dollars go to Affordable Housing Ruchinskas: 10% of their funds go to Housing and Town Meeting votes on how the rest of the money is allocated. Planning Board Meeting Page 1 of 4 11-12-08 Henchy: Reviewed the document. Of particular importance, he noted that the escalating price of housing and the fact that the Town caters to the retirees who have money. Hush: Said that the Town needs to find ways to make it possible for the first time homebuyer. Bugle: Asked what percentage of Brewster residents were in the existing affordable housing? Ruchinskas: wasn't exactly sure but thought in some areas it was close to 90% of the folks had ties to the community. The discussion continued and then Mr. Henchy stated that the Board should really take some time to review and then have a follow up meeting. Rushinskas: Thanked the Board for giving them the opportunity to discuss. CONTINUED 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 -Review draft decision Present: Tom Burrows Henchy: reviewed the draft decision in detail and made a few minor modifications. The Board realized that they did not have a quorum for the vote. They asked Mr. Burrows if he would continue which he agreed to. Bugle: Motioned to continue to the next meeting to allow for a quorum. Seconded by McMullen. Vote: All Aye LEGAL HEARING - COPD##2008-25. Applicant: Catherine Sperry; Owner: Paula Sperry -Located at 154 Archie's Cartway, Assessors' Map 38; Parcel 83-1. Proposal to change use of existing barn to commercial - to be able to board horse (s). Henchy: Noted that earlier in the day the applicant had requested a continuance due to the fact that the property was located in the DCPC area and a decision on this application could not be made until the moratorium was lifted. Bugle: Motioned to continue the application. Seconded by Pierce. All Aye LEGAL HEARING -Special Permit #2008-27. Applicant: Judd L. St. Aubin & Michele Cohen St. Aubin -Located at Anglers Cartway, Assessors' Map 31; Parcel 2. Proposal to construct a single family dwelling with accessory structures (in the future) on apre-existing lot of record, lacking street frontage (dirt road access bylaw). Present: David Skiba, Attorney for applicant; Jason Ellis, Engineer Skiba: provided an overview and read through his narrative. He noted that the dirt road is cleared for the required 14 feet width and 14 feet height. Also, emergency access would be able to get to the property from Nickerson State Park. Henchy: Read the Department Reviews and noted that the application looked complete. He then opened the floor up to the public. Pat Joyce and abutter from Holly Ave. Stated her property was 12 feet off the dirt road and was very concerned about the proximity of the traffic and the speed of traffic on such a narrow dirt road. She also pointed out that they have planted shrubs to help with the dust but it is still a concern. Skiba: Pointed out that Anglers Way is a "way" that is open to the public and the applicant is seeking a permit for just 1 house on 18 acres. Planning Board Meeting Page 2 of 4 11-12-08 Busier, an Abutter from Holly Ave: Noted the notification stated there may be future structures and wanted to know what that was in reference too? Skiba: They included that in the application because the applicant may want to build a shed or perhaps a stable for residential use. The applicant is not planning on building that at this point. Busier: questioned the normal width of a dirt road? Henchy: the access should be at least 14 x 14. A brief discussion continued and then the public discussion was cut off. McMullen: Motioned to draft a favorable decision to be voted on at the next meeting. Seconded by Bugle. All Aye. LEGAL HEARING #2008-28- Modification Special Permit #2006-10. Applicant: Latham Centers, Inc. -Located at 1646 Route 6A (Main Street), Assessors' Map 24; Parcel 21. Proposal for change of use. The Latham Centers would like to use the 2"d floor of the Main house as office space and the 2"d floor of the new dormitory as 2 large open areas for student use. There will be no increase in staffing or students. Present for the applicant: Carol Sullivan and Tim Simple Ms. Sullivan petitioned the Planning Board to Modify the Special Permit issued on June 28, 2008. She provided an overview of the request for the change. Now that the students have moved into their new dormitory Latham Centers, Inc. is requesting to change the use of parts of the Main house. The downstairs will still house the main dining and kitchen facilities of the school. However they would like to use the second floor of the Main house as office space. There will be no increase in staffing these offices will be used by existing staff to relieve overcrowding in some offices and to move some staff out of the downstairs of the schoolhouse. Latham Centers, Inc. is also requesting a change of use for the space on the second floor of the new dormitory. We would like to make two large open areas for student use. One section will serve as a large living room that will also have a separate area for storage. The other side would be for arts and crafts. In the central area we are proposing to add two offices, a conference room and three bathrooms. These additions will cause no increase in staffing. Mr. Henchy read in the following department reviews. BOH - noted, no comments DPW - no comments received BUILDING - Re: Docket # 2008-38 to modify COPD Special Permit #2006-10 for Latham Centers to establish student use on second floor of the new dormitory and change the use of the existing older dormitory (old Main House) second floor to office use. Both of these proposals have been reviewed by the Development Plan Review Committee. If the Planning Board finds in favor of these proposals then the applicant will need change of use permits pursuant to Chapter 34 of the State Building Code 780 CMR. WATER - no comments POLICE - no issue if no additional parking is needed FIRE - Review formal plans for placement of detectors and effective sprinkler coverage. Extinguisher placement due to space changes. Recommendations: The Fire Department has no problems with these changes if above needs are ok or dealt with properly. CONS. COM. - There are wetlands on the north-east corner of the property. The dormitory is located more than 100 feet from the wetlands and is outside of Conservation Commission jurisdiction. This Conservation Commission has no comment on this change of use to the interior of the building Planning Board Meeting Page 3 of 4 11-12-08 HDC- signed off - no comments It was noted that in August, Bill Henchy had been to the Latham Centers and had observed the following changes to the dormitory building: 1. Roof design at both ends of building was changed from original drawings approved by the Board. 2. Clock had been added to elevator tower. 3. Three trees were not planted as indicated on site plan. One tree was planted on different location in front of the building as opposed to at the end of driveway. Second tree was not planted because an additional fire hydrant was installed as requested by the Fire Department. Third tree was not planted because of an electrical pole in place. After a brief discussion, Marjorie Pierce motioned to draft a favorable decision to be reviewed at an upcoming meeting. Seconded by Robert Bugle. All Aye PUBLIC LEGAL HEARING FOR NEW PLANNING BOARD FEES. The Planning Board has not increased fees since 2002. The proposed new fees are available to review in the Planning Board office or online at the Town of Brewster's website (www.town.brewster.ma.us). A brief discussion occurred and modifications were made to the fee structure. Mr. Henchy strongly objected to reducing Definitive fee. He felt that the Planning Board and the Zoning Board of Appeals needed to have similar fees as they relate to similar development. Mr. McMullen was strongly opposed to increasing the fees so dramatically. After continued discussion, an agreeable fee was determined. Bugle motioned to accept the new fee structure as amended. Seconded by Pierce. All Aye. Other Business (cont.) 2. Pre-Application Conference: Applicant: John L. Eten -Property located at 441 W.H. Besse Cartway, Assessors' Map 41; Parcel 52. Preliminary application for a proposed 112' 8" wind turbine. Review application/plans and to clarify the filing requirements. Present: John Eten A brief review of the pre-application and preliminary plans occurred. The Board requested that the actual waivers necessary be included with the application. Pierce: Motioned to have Mr. Eten continue with the official application. Seconded by Bugle. All Aye. 3. Correspondence: a. Memo from the Cape Cod Commission regarding the Draft regulations for revision of DRI Thresholds ~=~ b. Letter from Zisson & Veara regarding Gulls Way `~' _--, _~ Memo/letter was noted but no discussion. ~j ~..~ 4. Proposed 2009 Planning Board Meeting Schedule -review and approve °~" 7 ` Schedule was approved. ~ ~ Bugle: Motioned to adjourn. Seconded by Tubman. All Aye. ~^ ~, Respectfully submitted, • GI/~~ Marjo~erce/Clerk ann ci/Adminis rative Clerk Planning Board Meeting Page 4 of 4 11-12-08