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Home My Public Portal AboutPlanning Board -- 2008-12-17 Minutes\~~~~~~~\~~\~~~u>,tutl~tnrrfru/~riT,~i~,~ `c R E W ^~~~QO/. rr O B9F; 17, ;~ ~~ N~ i vOU - a"'yy a 3 =_ ~, ~Y `` =4 /111N1 II IlA41U11 Date Approved with modifications: February 11, 2009. Vote 5-0-0 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, December 17, 2008 at 7:00 P.M. Brewster Town Office Building Chairman William Henchy convened the Planning Board meeting at 7:00 pm in the Brewster Town Office Building with members Taylor, Tubman, McMullen, Bugle and Barnard. Chairman Henchy opened the hearing December 17, 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 for Special Permit #2008-30. Applicant: John Eten -Located at 441 W.H. Besse Cartway, Assessors' Map 41; Parcel 52. Proposal to allow a medium scale wind energy turbine MWET. Total Height of the proposed WET is 130 feet. Present: John Eten Mr. Henchy read in the following comments were from other Town Boards or Departments. BOH - no comments received DPW - no comments received BUILDING -Please be advised that the applicant noted above was processed through the Development Plan Review Committee (DPRC #08-09) on November 18, 2008 and is properly before the Planning Board pursuant to Section 40.2 of the Brewster Zoning Bylaws. WATER - no comments POLICE - no comments FIRE - ok CONS. COM. - Thereare wetland resources around the property, but the wind turbine is proposed to be located outside of the 100 foot buffer zone to the wetlands. Any alteration with 100 feet of a wetland resource requires Conservation Commission review. The property is also located outside of NHESP Estimated & Priority Habitats of Rare Species according to the October 2008 NHESP Map. Planning Board Meeting Page 1 of 4 12-17-OS HDC- signed off - no comments Eten: provided an overview of his application and plan fora 130 foot wind turbine. Henchy: Reviewed the narrative and waivers requested. A discussion occurred which addressed the sound, endangered species, color board, bond requirements and shadow effects. Mr. Henchy then opened the floor to the Board. Barnard: Asked if Dr. Eten had any conversations with neighbors? Eten: Yes, and they were in favor. Taylor: Asked if there were any pictures showing the lattice tower. The only picture showed was a guyed tower. Eten: Did not have any but pointed out the tower was approximately 6 inches round with wires. McMullen: Noted that Dr. Eten had been to the Board for a preliminary review and has been to the DPRC and has received the authorization to proceed and he would like to recommend approving the application. Henchy: Opened to the public. No comments were made. McMullen: Motioned to close to public input. Seconded by Tubman. All Aye. Bugle: Motioned to draft a favorable decision that included a condition that when the MWET reaches the end of its useful life or becomes inactive, the Town of Brewster shall file a lien against the property if the MWET if not dismantled within 6 months. The decision would be reviewed and acted on at the next meeting. Second by Taylor. All Aye. CONTINUED LEGAL HEARING -Corridor Overlay Protection District Special Permit #2008-29. Applicant: Richard & Karen Keevers -Located at 1861 Main Street, Assessors' Map 17; Parcels 70 & 75. Proposal to expand the number of bedroom units of the referenced property. At this meeting the Board voted to approve the Special Permit Decision #COPD 2008-29 with Conditions and a Statement of Conditions of Approval as drafted. Motion by Bugle, seconded Tubman. Present and voting: William Henchy, Chairman Abstain Robert Bugle Aye Elizabeth G. Taylor Aye John McMullen Aye Marjorie Pierce Absent Amberlyn Tubman Aye Robert Barnard Aye CONTINUED LEGAL HEARING #2008-08 -Modification of Special Permit #5014A. Applicant: Steven D. Allard -Located at 3937 Main Street, Assessors' Map 30; Parcel 13. Proposal to allow a massage therapy business in the basement. Present for application: Steve Allard In attendance: Victor Staley, Building Commissioner Allard: Presented a revised plan and revised request as follows: The desired use of the property is Basement: Retail/Commercial; 2. First Floor: Retail/Commercial; 3. Second Floor: Residential. Henchy: Noted that the Board of Health had a concern about the septic with this configuration. Planning Board Meeting Page 2 of 4 12-17-08 Allard: Understood that the septic would have to be enlarged and was willing to accommodate. He felt this could be accomplished by May 1St Henchy: Stated the Board would make it a part of the conditions if the modification was approved. He then asked if Mr. Allard was all set with the Building Commissioner. Allard: Felt he would have to revisit some of the Building Commissioner's request but they were working on the issues. Staley: Requested that the Planning Board identify the specific use for the property from the Table of Uses Henchy: The Board identified the Use as #1 under the residential section, 1-family detached dwelling; and #13 under the Retail and Service section, miscellaneous business offices and service. Further, the Board would write into the decision that prior to the owner signing any new leases/tenants they would need to be verified with the Building Department and the Health Department to ensure the property is in compliance. Mr. Henchy opened the floor to public input. No further comments. Bugle: Motioned to draft a favorable decision that incorporated the following conditions: 1. The septic system must meet with the Board of Health approval prior to May 1, 2009. 2. That any new lease or tenant be approved by the Board, Building Commissioner, and the Board of Health. 3. Also that the applicants provide a final as built plan that can be signed off at the next meeting. Seconded by Tubman. All Aye. Other Business: 1. Review Draft Decision for Latham Centers SP#2008-28, Map 24, lot 21 At this meeting the Board voted to approve the Special Permit Decision #2008-28 as drafted. Motion by Bugle, seconded Tubman. ROLL CALL VOTE: William Henchy Aye Elizabeth Taylor Aye Robert Bugle Aye John McMullen Aye Robert Barnard Aye Amber Tubman Aye 2. Preliminary discussion regarding Planning Board Agenda for Winter/Spring 2009 A discussion revolved around the preliminary agenda. Some of the key points made were: 1.The woodwaste issue may be covered with the DEP regulation. In addition the BOH is involved because they issue a site assignment for this use. 2. Home Occupations -need to discuss with the Building Commissioner to determine the urgency of this article 3. Water Protection Bylaws -will have to be addressed in the Fall -Need to have enough time to adequately handle -Open Space Residential Design (OSRD) -Reduce density areas for sensitive areas especially in the DCPC zones. - Pleasant Bay -the Board expressed concern regarding the current nitrogen loads for the Bay. Concerned that if there were additional development in this area then we will be over the limit. 4. Centralized septic systems -check with BOH to see if they have a regulation that requires subdivision of 5 lots or more to have a centralized septic system. Zoning needs to be consistent. 5. Boat Yard -beginning discussions as to what can be done. It was noted that the Building Commissioner had issued a cease and deist order 2 years ago but nothing has been done since that point. The only allowed use for that lot is proper boat storage. Perhaps BOH can get involved. 3. Review Minutes of Meeting: 1. October 8, 2008- Taylor motioned to approve with modification. Seconded by Bugle. Alf Aye. 6-0-0 2. October 22, 2008 -Tubman motioned to approved. Seconded by Taylor. All Aye. 6-0-0 Planning Board Meeting Page 3 of 4 12-17-08 4. Review of outstanding Performance Bonds A brief discussion occurred. Mr. Henchy and Mr. Bugle agreed to inspect the Clipper Village Road and the Wood Duck Guardrail situation. In addition, Mr. Johnson pointed out that some work had been done out at the Harrison Hill Subdivision. He was unsure who was doing the work but it had to help some of the drainage issues that were occurring out there. McMullen: Motioned to adjourn. Seconded by Bugle. All Aye. Respectfully submitted, Marjorie fierce/Clerk Ja e S /Administrat a Clerk Planning Board Meeting Page 4 of 4 12-17-08