HomeMy Public PortalAboutPlanning Board -- 2009-05-27 Minutes E
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2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 133
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Date Approved with modifications: July 22, 2009; All Aye; Vote: 7-0-0
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
REGULAR MEETING
Wednesday, May 27, 2009 at 7:00 P.M.
Brewster Town Office Building
Chairman Bugle convened the Planning Board meeting at 7:00 pm in the Brewster Town Office Building
with members Taylor, Pierce, McMullen, Barnard, and Kuzman.
Chairman Bugle opened the hearing May 27, 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.
Informal Discussion: possible addition to Table of Uses-solar energy
Present: Luke Hinkle
Luke: Presented an overview of solar electric power. In addition, he discussed the idea of making a modification
to the Table of Uses to accommodate a solar garden. He felt a solar garden should not be viewed under the
"power plant" classification and should be a permitted activity in other areas of town (with special permitting).
McMullen: Discussed dispersing of the electricity.
Kuzman: Felt that if we allowed this use throughout the town then it was important to let the abutters be notified of
the use.
Taylor: Questioned whether notifying abutters was necessary because you don't currently get notified when your
neighbor is putting a solar panel on his/her roof top. Ms. Taylor felt the Planning Board should be involved just like
the Board is involved with the Wind Turbines.
Bugle: expressed concern over the angle of the panels. And wanted to be sure to avoid the reflection and have
the area screened. He also felt that if this only affected one or two lots then perhaps it should be handled through
the ZBA.
Pierce: Felt the idea of solar energy was a wonderful idea and was in support.
McMullen: Would like to discuss further with other appropriate representatives/committees present(Alternative
Energy, Jillian Douglas, Victor Staley, Charlie Sumner and a representative from the Board of Selectman). It was
agreed to schedule a follow up meeting.
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05-27-09
Reorganize the Board
Bugle: Welcomed Richard Kuzmantothe Board.
Chairman: Pierce nominated John McMullen oothe Chairman. Seconded byBarnard. Vote: All Aye.
Vice-Chairman: Pierce nominated Robert Bugle aathe Vice Chairman. Seconded by McMullen. Vote: All Aye.
Secretary: K8o&1u||en nominated Marjorie Pierce eothe Secretary. Seconded by Taylor. Vote: All Aye.
Mr. McMullen took over aothe Chairman ofthe meeting,
Informal Discussion: Robert Doeg, Assessors' Map 21, Parcel 82-1. To discuss the road condition of access
roads hothe Harrison Hill Subdivision
Present: Robert Doegand Bill Munroe
Munroe: Wanted toknow the status ofthe road issue.
Bugle: Noted that the roads are inbad shape but the Board has addressed the issue.
Munroe: Further outlined his concerns. Of particular concern was the access that was granted to the subdivision.
Doe0: provided ohistory unthe development.
Royal, ohomeowner inthe neighborhood: Expressed concern that over the last 2years the roads have really
fallen apart.
Munroe: Very heatedly further restated that the roads were in bad shape and that Mr. Doeg was responsible
and needed tofix all the access roads asoutlined inthe Agreement and Covenant.
Munson, 03VN|dxvoodRoad: Noted that the Agreement and Covenant outlined a need for a road report before
the construction began and after itwas complete.
Munroe: mentioned that according to the subdivision standards roads have to be brought up to standards.
Pierce: Clarified for Mr. Munroe that also according to regulations—the roads need be brought up to standards
but doesn't mean Town road standards.
Munroe: Noted that a claim had been filed against the Surety Company and one way or another someone was
going to pay for the reconstruction but it wasn't going to be the homeowners.
Bugle: Stated that if in fact a legal claim has been filed against the Town then it has become a civil matter and
the Board can nolonger hear this discussion.
McCarthy, President ofAssociation: Noted that previous discussions with the Planning Board, Mr. Doeg. and m
rep. from the Conservation Trust, only addressed the road conditions on Buggy Whip.
Arather heated d\aouma\on followed.
Taylor: Felt the issue should beaddressed with Town Counsel.
/\homeowner from Chickadee Road: Thought scompromise needed tobemade. Perhaps the road could be
patched byMr. Ooeg.
Childs, ohomeowner: Was not accepting ofthe idea ofpatching. Hehas looked inthe cost torepair the roads
and has obtained estimated of$31.O0Otmfix.
Douglass, ahomeowner: Noted that itwas great tusee aomany ofthe homeowners together. She stated that
there are 84 homeowners and in order for the group to utilize the road betterment program they would need to
get 51Y6ofthe homeowners hoagree. Their subdivision was built in 1873 and was before the subdivision rules
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and regulations were implemented. She suggested that perhaps the homeowners could try to get the $30,000
bond and use it for the engineering of the road.
It was apparent that no solution would be made at this discussion. Mr. McMullen thanked everyone for their
input. He encouraged the neighbors to get to together to work this out and noted the Board would be in touch
with Town Counsel and would get back to Mr. Munroe and Mr. McCarthy.
LEGAL HEARING for— Special Permit#2009-08. Applicant/Owner: Jeffrey M. Drown; Property Located at 3668
Main Street, Assessors' Map 29; Parcel 12. Proposal to erect a temporary 50' x 20' tent over existing approved
seating.
Present: Jeffrey Drown
Drown: Provided an overview of the application and the plan. He noted he had received approval from the
Historic District and the Board of Health.
McMullen: Opened the hearing to the Board.
Taylor: reviewed the letter from the Building Commissioner—and had no further comments.
Barnard: no questions
McMullen: Reviewed the COPD requirements and went through each item. The business is pre-existing and the
applicant was looking to provide cover for the existing outdoor seats. Mr. McMullen read the department reviews.
Drown: Pointed out that there would be no additional seating. The restaurant closes the banquet room when the
outdoor area is being used.
Taylor: Noted that there have been noise complaints. Wanted to make sure that this was not going to be an on
going issue.
Leven: The Board could grant the use of the tent for a specific timeframe. The decision could be drafted to
include conditions for an allotted time frame, to maintain appearance and inspection by the Building Commissioner.
McMullen: Opened to the Public. No comments.
Pierce: Motioned to approve the Application and to draft a decision to be reviewed at the next meeting. The
decision should be conditioned with an inspection by the Building Commissioner and must maintain a neat
appearance. Seconded by Taylor. Roll Call Vote:
Present and voting:
John McMullen Aye Robert Bugle Aye
Elizabeth Taylor Aye Robert Barnard Aye
Marjorie Pierce Aye Richard Kuzman Aye
LEGAL HEARING for— Special Permit#2009-09. Applicant: John Tsiareas; Owner: John McMullen; Property
Located at 2655 Main Street, Assessors' Map 15; Parcel 107. Proposal to expand bar/lounge and pick up for food.
Chairman McMullen recused himself from the hearing and sat in the audience. Vice Chairman Bugle then
opened the hearing by reading the legal advertisement 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. He asked the applicant to make his presentation
Present for the Applicant: Stamati Tsiareas
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Mr. Tsiareas stated that the proposed project met the standards outlined in §179-51 (A, 5) and 179-67 (A-E). The
business was pre-existing. Mr. Tsiareas requested a permit to expand his existing pizza business. Mr. Tsiareas
would like to expand the kitchen, pick-up and waiting areas to accommodate customers.
In addition, the Planning Board made the following findings pursuant to§179-51 and 179-67:
(a) The Fire Chief certified that, in his opinion, proper sprinkler head spacing for occupancy must be certified. In
addition, a sprinkler inspection and certification must be provided and be up to date! The proper address number
should be used and posted and finally, additional fire extinguishers as determined by the Fire department are to be
available.
(b) The Police Chief certified that, in his opinion, there were no police related issues related to this endeavor.
(c) The Superintendent of the Department of Public Works certified that, in his opinion, there were no DPW issues.
(d) The Inspector of Buildings, Mr. Staley, certified that since the applicant will be going to the DPRC hearing the
first week of June. Mr. Staley's comments would be submitted soon after that hearing.
(e) The Board of Water Commissioners certified that the proposed use of the lot, in combination with uses already
existing or ongoing, will not likely impact adversely upon the water supply or the quality of the groundwater supply
of the Town.
The Board makes these findings as to the Special Permit in accordance with §179-51:
(a) No Special Permit shall be granted unless the SPGA finds that the proposed uses are in harmony with the
purpose and intent of this chapter and will not be detrimental or injurious to the neighborhood in which it is to
take place, or to the public, and that all requirements, standards and conditions for the granting of the special
permit have been satisfied. No special permit shall be granted unless the SPGA determines that the proposed
use will not be detrimental to the surrounding neighborhood and Town in light of each of the following
conditions:
[1] The proposed use is consistent with the purpose and intent of the Town of Brewster's
Comprehensive Plan. Proposed use is pre-existing.
[2]The location, type, character and size of the use/building, or other structure in connection therewith,
will be in harmony with the visual character of the neighborhood, including views and vistas and, where
applicable, the historic character of the neighborhood. Proposed use is pre-existing.
[3] The site is suitable for the proposed use. Proposed use is pre-existing.
[4]Adequate access will be provided for the purpose of fire protection, police protection and other
emergency equipment. Suitable access exists-Proposed use is pre-existing.
[5]The streets serving the proposed use are adequate (width, grade, construction, overall safety and
design capacity) to carry all prospective traffic and adequate provision is made for entering and leaving
the proposed site such that no undue hazard to traffic congestion will be created. Street is adequate.
Proposed use is pre-existing.
[6] The proposed use/development has incorporated applicable trip reduction measures, where
possible, in order to minimize vehicular trips to and from the site. Not applicable.
[7]Adequate parking and loading facilities are provided in accordance with §179-22.
Proposed use is pre-existing.
[8]The site will be suitably landscaped to protect the character of the neighborhood and adjacent
property. Proposed use is pre-existing.
[9]The proposed use has an adequate method of sewage disposal, source of water and drainage. The
Board of Health would need to inspect the septic system and deem it adequate for the increase in
seats.
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[10]Adequate utilities and other public services will be provided. Utilities have already been brought in.
[11]The proposed use will not result in the degradation of groundwater quality or coastal water quality off
site. Not applicable
[12]The location and design of buildings, roads, parking and loading areas will not cause avoidable
damage to wildlife habitats or corridors or to any plant species listed as endangered, threatened or of
special concern by the Massachusetts Natural Heritage and Endangered Species Program. Not
applicable.
[13]The proposed use complies with all applicable provision of this Zoning By-law. Proposed use is pre-
existing.
There was a brief discussion and questioning about the plan with the applicant and interested parties. There
was no public comment. It appeared that the criteria for a Special Permit for an expansion of a pre-existing
business have been met.
The Planning Board has decided to grant a Special Permit for an expansion to a pre-existing business upon
compliance with specific conditions as stated below.
SPECIAL PERMIT CONDITIONS
1. The applicant needs to have a hearing with the DPRC.
2. The Board of Health must inspect and approve the existing septic system to ensure it is deemed
adequate for the increase in seating.
Upon motion made and seconded the application for a special permit was approved. Motion to draft a
favorable decision and sign at the next meeting was also made and seconded.
AMENDMENT TO THE MOTION by Taylor to Approve Special Permit pending DPRC hearing and Board of Health
inspection of septic system which must be deemed adequate for the increase in seating, seconded by Barnard.
VOTE OF THE BOARD
Below is the vote of the individual members of the Planning Board on Application SP#2009-09 Tsiareas. Special
Permit APPROVED as voted on May 27, 2009.
Present and voting:
John McMullen Recused Robert Bugle Aye
Elizabeth Taylor Aye Robert Barnard Aye
Marjorie Pierce Aye Richard Kuzman Aye
Public Hearing:
To update and amend the Code of the Town of Brewster, Massachusetts, Chapter 290 (Subdivision Rules and
Regulations). A copy of the proposed changes are available to view online at the Town of Brewster website at:
www.town.brewster.ma.us/committee/Dlanninaboard and/or in the Planning Board office and/or the Town Clerk's
office.
John McMullen returned to the table. A review and discussion regarding the Rules and Regulations occurred.
Several modifications were made. Taylor motioned to approve the regulations with modifications. Seconded by
Pierce. All Aye.
Public Hearing: Road improvement to Crosby Lane CANCELLED—WILL RESCHEDULE
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REVIEW DRAFT DECISION for—Special Permit#2009-07. Applicant: John Wilson; Owner: J. Timothy
Nealon Esq.— Property Located at Gulls Way, Assessors' Map 34; Parcel 58. Proposal to construct a single
family dwelling on a pre-existing lot of record, lacking street frontage (dirt road access bylaw).
A review of the decision occurred. Taylor motioned to approve the decision as written. Seconded by
Pierce. VOTE: All Aye 4-0-2.
Other Business:
1. Review 6/9/09 ZBA Agenda
09-09 Merrimack Valley Holding Company Inc., 1399 Freeman's Way, Map 45 Lot 70 or 70-1. CONTINUED
Represented by William Hoffman/Owners Representative. The applicant seeks an Appeal of the Zoning Agent's
Decision and/or a Special Permit under MGL 40A 8+9 and Brewster Bylaw 179-49A(1) on property within the
Industrial Zoning District and Water Quality Protection District to continue business with the existing uses on the
site.
- The Planning Board once again would like to express its concern over the apparent un-permitted
uses on the property. For example, it appears that there are unregistered trucks, landscape
materials, septic disposal and boat storage. Because this property is in the zone 2 area of Town the
Board is extremely concerned about protecting the Town's water supply. Further, the Board would
question whether a permit can be issued on this land given that it is in the DCPC and a moratorium
on permits exists.
- A representative from the Planning Board will plan to attend this meeting to answer any questions the
ZBA may have.
09-10 Club Dry Dock, Inc. 1439 Main Street, Map 24 Lot 1. Represented by Attorney Carl S. Back. The applicant
seeks an Appeal of the Zoning Agent's Decision and/or a Variance under MGL 40A-8 and 15 and Brewster Bylaw
179-52 seeking exempt status as a religious sect or denomination or non-profit educational corporation.
- If the applicant is granted the variance then the applicant needs to submit a Special Permit application
with the Planning Board for a change of use.
09-11 William + Joyce Husband, 51 Zona Drive, Map 37 Lot 15-13. Represented by Jamie McGrath. The
applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-52 to seek relief from side setback
- The Planning Board sees no crucial zoning issues relative to this application.
2. Appoint member to the Comprehensive Water Planning Committee
A brief discussion occurred and Elizabeth Taylor was nominated and appointed as the Planning Board
representative for this committee.
McMullen: Motioned to adjourn. Seconded by Pierce. All Aye.
Respectfully submitted,
Marjori rce/Clerk
Jay a Sci/ dministra ive Clerk
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