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Home My Public Portal AboutPlanning Board -- 2009-01-28 Minutesp r; o a ~~~ .2 .J' a 1c 3. x 3~- - ^^,a O a N ,~! ~ ~ ~ ~:r //////////// F@ 19 Ri BO O~\\\\\\\\\\\\` Date Approved: March 25, 2009, All Aye, 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, January 28, 2009 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, Pierce, McMullen, Tubman, Barnard and Bugle. Chairman Henchy opened the hearing January 28, 2009 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 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. Total Height of the proposed MWET is 130 feet. - REVIEW OF DRAFT DECISION The Board reviewed and approved the waivers listed below. Mr. Henchy read through the requested waivers and asked the Board to vote on each request. The waivers anc votes are as follows: 1. Lighting: not applicable - The Federal Aviation Administration does not require lighting on structures 200 feet or under. 2. Signage: - Locus is identified by house number. VOTE: 6-0-1 3. Historic District Commission approval is not required. VOTE: 6-0-1 4. Noise: The analysis requirement, as outlined in the rules in regulations, was accepted. - The MWET and equipment shall not generate noise in excess of 10db above preconstruction ambient sound levels at ground level at the property line. If a noise complaint is received then the required testing outlined in the regulations may be required. VOTE: 6-0-1 5. Rare and Protected Species: not applicable as confirmed by Jim Gallagher, Conservation Administrator of the Brewster Conservation Commission. VOTE: 6-0 -1 6. Color Board: the requirement for a color board was waived. - tower will be galvanized steel of anon-reflective light grey color. VOTE: 6-0-1 7. Balloon or Crane Test: not applicable as this is a LWET requirement only. VOTE: 6-0-1 8. Bond: the requirement for a bond was waived. The Board voted to reserve the right to register a lien against the property if the turbine is considered abandoned by the Building Inspector or if it has reached the end of its useful life. VOTE:6-0-1. Below is the vote of the individual members of the Planning Board to approve Application #SP2008-30 for an approval of a Special Permit voted on January 28, 2009 to approve as written. Planning Board Meeting Page 1 of 3 01-28-09 Present and voting: William Henchy Aye Elizabeth G. Taylor Aye Robert C. Bugle Aye John McMullen Aye Amberlyn Tubman Aye Marjorie Pierce Abstain 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. - REVIEW OF DRAFT DECISION A brief discussion occurred and then Mr. Bugle motioned to approve the decision as drafted. Seconded by McMullen. Below is the vote of the individual members of the Planning Board to approve Application #SP2008-08 for a modification of Special Permit #5014A voted on January 28, 2009 to approve as written. Present and voting: William Henchy Aye Elizabeth G. Taylor Aye Robert C. Bugle Aye John McMullen Aye Amberlyn Tubman Aye Marjorie Pierce Abstain Robert Barnard Aye APPROVAL NOT REQUIRED -ANR#2009-04 -Applicant: Stephen Hicks -Located at the corner of Carol Ann Drive and Old Chatham Road, Assessors' Map 33, Parcel 246. Purpose to create a small, non-conforming non- buildable lot that is to be conveyed, along with the abutting lot to the north also owned by Stephen Hicks, to a new buyer to encompass an existing patio. Present: Mike Ladue Ladue: Provided an overview of the ANR application and plan. Henchy: Questioned if the plan created any setback issues? He also noted that the existing fence sticks out into the road. He thought it would be advisable that the fence should be moved out of the roadway. Ladue: no, because the patio is on the ground and setback requirements are not applicable. Staley: Noted that the lot would be buildable because it meets zoning requirements (15,000 SF and 100 feet of frontage). After a brief discussion, McMullen motioned to endorse the plan. Seconded by Bugle. All Aye. Other Business: 1. Preliminary discussion regarding the possibility of Wise Living type facility in Brewster. Mr. Henchy attended a meeting and wanted to inform the Board of the discussion. The developer is looking at the property at the corner of Underpass and Rte 6A -behind the Bank. If a facility of this type were to be built in Brewster a zoning change would be needed. The facility would accommodate 10-20 affordable units. Mr. McMullen expressed concern over the location. In the past it has been difficult for anyone to develop that property due to the conservation issues involved. Further he was concerned over the kind a zoning change would be required. Mr. Henchy noted that a density change would be required - to allow 14-15 units/acre. Ms. Leven informed the Board that this type of development would have to go through the Cape Cod Commission for review. It was noted that this was very much just a preliminary discussion and the developer would have many steps to go through. Planning Board Meeting Page 2 of 3 01-28-09 Introduction and Discussion with Sue Leven, Town Planner, regarding: Agenda for 2009 - a brief discussion occurred. -Wood Waste: Ms. Tubman pointed out that wood waste is handled in 2 different ways. The first is if wood waste is being stored to decompose. Then the property owner needs to file for a Site Assignment and file with DEP. The second way wood waste is addressed is if the waste is not intended to be stored for decomposing but is intended to be moved off the premises. Then a site assignment is not required. - Stockpiling: A brief discussion occurred regarding the Cooney property on Underpass Road. The Board was concerned about the current use. Stockpiling is not allowed in that zone and they felt a Special Permit had been issued for a subdivision not for stockpiling. Mr..McMullen sited that there was no other place for that type of operation to go to and he felt that if you closed the business then the Town needed to find some other place for it. A discussion followed regarding alternative locations for sand and gravel operations/stockpiling -the back of the Transfer station was mentioned as an appropriate spot. It was also noted that Mr. Dugan currently operators some type of sand & gravel operation on his property next to the transfer station. Mr. Staley agreed to review the file and send a report. Mr. Henchy agreed to have a preliminary discussion with Charlie Sumner, Town Administrator. -Table of Uses -All agreed the Table needs to be updated and felt this would be a great project for Jon Witten. - Existing Water Quality bylaw - It was pointed out that the way the new bylaw was written then the WQRC must review all uses everywhere in Town. Further, Mr. Staley, Building Commissioner, was concerned about the enforcement of some of the performance standards. - Boat Yard - Trant Property - Mr. Staley provided an overview on the history of the property. There is now a coordinated effort between departments and Town Counsel to determine what recourse the Town may have for possible zoning violations. Proposed draft bylaws for Spring Town Meeting 1. Sand & Gravel -housekeeping changes 2. Accessory Apartment -housekeeping change 3. Home Occupation - A review and discussion regarding the proposed articles occurred. Mr. Bugle felt the Home Occupation article was complicated. Mr. Staley felt it was adequate because it addressed the issue he continually faces which is allowing home occupations in accessory buildings. Regarding the accessory apartment article it was noted that the ability to have an in-law apartment would be eliminated with the "housekeeping change". - Proposed Modification to Planning Board Decision templates - A sample modification was presented and discussed. It was agreed to modify decisions and omit including the minutes. - Posting Minutes online -The Planning Board agreed to have minutes posted and asked that out of date information be taken removed. 3. Review Minutes: o November 12, 2008: McMullen motioned to approved with modifications. Seconded by Tubman. All Aye. o November 19, 2008: Pierce motioned to approve as written. Seconded by Bugle. All Aye. 4. Performance Bonds: Wood Duck Guardrails: A review of a draft letter to Mr. Pozzo occurred. It was agreed to add the following language: "any short fall will become a lien on the property". McMullen: Motioned to adjourn. Seconded by Bugle. All Aye. Respectfully submitted, ,,. ~A( ,l/V i~,~ Marjorie fierce/Clerk n~ ~~ !I ; ~ i/a 1nI~_ ~3 .. ~ ,..~ Jayar~rhe SCi7Administrative Clerk Planning Board Meeting 01-28-09 Page 3 of 3