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HomeMy Public PortalAboutPlanning Board -- 2009-09-09 Minutes~~~\\~~\\\\\\\11~I1E II~IIS iii//i/f i~/i E ~ _T , _ ~' a '` ~ '//~/~ ~ NC RPORAT EO~ ~~\\\~ ////// //~~/// I/ I/! 1 f 11 I I l I 1 l 4 t 1 1 1 1\ 1\\\\ ~~~~\\\ Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 Date Approved with modifications: January 13, 2010; Vote: All Aye. TOWN OF BREWSTER MINUTES OF PLANNING BOARD Regular Meeting Wednesday, September 9, 2009 at 6:30 P.M. Brewster Town Office Building Chairman Bugle convened the Planning Board work session at 6:30 pm in the Brewster Town OfFce Building with members Taylor, Pierce, McMullen, Barnard, and Kuzman. Tubman arrived at 6:40pm. Also present Sue Leven, Town Planner Chairman Bugle opened the hearing September 9, 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- Corridor Overlay Protection District Special Permit #2009-15. Applicant: Town of Brewster- Property Located at 0 Underpass Road, Assessors' Map 26; Parcel 102. Proposal is for the construction of 8 tennis courts - 4 standard courts and 4 "quick start" courts, including associated utilities, drainage and fencing. Present: Charlie Sumner, Town Administrator; Wendy Allegrone, Recreational Director Sumner: Noted that they had returned primarily to review the best way to address the walkways. According to his calculations the plan calls for approximately 39,000 square feet of paved area -with the walkways accounting for approximately 7% of the total paved areas. Mr. Sumner has researched alternative solutions for the pavement. The possible solutions would add approximately $15-20,000 to the cost. To utilize an alternative the manufacturer would recommend that the pitch be at least 5% from the low point to the elevation. It is not recommended for elevations with less than 5%. The elevation at the tennis courts is so close to the 5% that he felt it would not be recommended. The Stormwater would be handled on site. The cost for the alternative exceeds the benefit. Barnard: Questioned whether the screening had been resolved? Sumner: Reminded the Board that they would review with the abutter when the construction was complete. The solution should be based on the real life situation. Bugle: Opened to the Board and the Public. Taylor: Felt it was a great project for the community but wanted to condition the decision that the landscape planwould be finalized when the construction was done. Planning Board Meeting Page 1 of 6 09-09-09 Pierce: Motioned to close to public input. Seconded by Taylor. Vote: All Aye. Barnard: Motioned to draft a favorable decision and to approve the application with the condition that the screening is addressed when the construction is finished. Seconded by Pierce. Vote: 6-0-0 ROLL CALL VOTE: Robert Bugle Aye Robert Barnard Aye John McMullen Aye Richard Kuzman Aye Elizabeth Taylor Aye Marjorie Pierce Aye LEGAL HEARING for- Personal Wireless Services Communication Facilities Special Permit #2009-16. Applicant: MetroPCS Massachusetts, LLC; Owner: Town of Brewster.- Property Located at 1657 Main Street, Assessors' Map 24; Parcel 13. Proposal to locate 6 antennas and related ground equipment on and next to an existing tower. Present: Gerry Squires and Brian Isnes Squires: Provided an overview of the application and plan. He noted that he had been to the DPRC on August 26 and received the ok to proceed. Bugle: Read in the Department Reviews and opened the floor to the Board. McMullen: Asked what the distance was between the equipment and the tower? Squires: 10-12 feet. The structural analysis they have done supports the distance. Taylor: Who is providing the service? Squires: MetroPCS -anew carrier. Its competition is Sprint and AT&T. They have launched over 500 sites in the Boston area and currently have 48 sites on the Cape. Barnard: How big is the expansion? Squires: 10X60 foot fenced area and 25 feet to the closest wetlands. Taylor: Would consider approving with the condition that the applicant receives approval of the conservation commission. Bugle: Opened the floor to the Public. - No comments were received. Taylor: Motioned to draft a favorable decision with the condition of receiving Conservation Commission approval. Seconded by Pierce. Vote: All Aye. CONTINUED LEGAL HEARING for- Modification of a Definitive Plan #2009-11. Applicant: Jennifer Parkas Ellis, Esq. Owner: Jeanne Ryan.- Property Located at 124 Pond Street, Assessors' Map 39; Parcel 9. Proposal is a subdivision modification of Plan Book 496, Page 2, Lot 2. Proposed number of lots: 2 plus 1 parcel. Bugle: a continuance form had been received. Mr. Bugle read in the request to continue. Taylor: Motioned to continue the hearing until October 28, 2009. Seconded by Pierce. Vote: All Aye. Planning Board Meeting Page 2 of 6 09-09-09 PUBLIC LEGAL HEARING: The Public Hearing will be held for consideration of Town Bylaw change to be submitted as an Article on the Town of Brewster's Fall Town Meeting Warrant on October 19, 2009. The proposed Town Bylaw amendments is as follows 1. Scenic Road To see if the Town will vote to amend the Code of the Town of Brewster by deleting Chapter 157, Article IV in its entirety and replacing it. Bugle: noted that no department reviews were received on this bylaw. He noted that a few minor modifications were made to the bylaw and then he read in several letters of support. Opened the floor to the Board. Barnard: Provided an overview of the bylaw and wanted to highlight what it did for the citizens. Bugle: Expressed concern about the tree trimmings and the effect that the trimming has on the character of the Town. Further he felt it was the Planning Boards authority to take care of the character of the roads. That was primarily why the COPD bylaw was developed. He then opened the floor to the public. Soule: 103 Vesper Pond Drive. Was in favor of the bylaw but was wondering why Millstone was listed as a scenic road? It was noted that this list of scenic roads had been done previously -that list is unchanged at this point. The bylaw wanted to enforce how scenic roads were maintained. Barber, 59 Alden Drive: Wanted to know how far off the road did the bylaw apply? Bugle: The proposed bylaw would only apply to the road layout. In some cases that area is beyond the pavement. Ulshoeffer, Stony Brook Road: Expressed some concern over the enforcement officer of this bylaw. Because it is a Zoning Bylaw then it would mean that the building commissioner would be the enforcement agent. The Building commissioner may not be the right person to handle this issue. Why wouldn't the Tree Warden be the right person for enforcement? The Tree Warden can issue a $500 fee for a violation. There was a discussion regarding exemptions and the ability of the utility companies to be exempt from this requirement. Schofeld, Fox Meadow Drive: Thanked Sue Leven, Bob Barnard and Rick Kuzman for working on the bylaw and bringing it to the Board/citizens for review. This is a complex issue and the Town needs to establish set guidelines for the Town to work with for all scenic roads. It is imperative for the preservation of the character of Brewster. Bersin, DPW Director/Tree Warden: Was concerned with some of the implementation aspects of the bylaw. For example: if there was a storm and trees were down then he can't wait to meet with the Planning Board to decide how to handle. Further, what happens with hazardous trees - if the Tree Warden says it is a danger and the Planning Board says to keep it. Also, the town has over 22 miles of scenic roads that would have to be reviewed. This is another layer of review and additional costs that the DPW does not have in their budget. Mr. Bersin then noted that DPW would have to go to the Planning Board for: signs, regrading, and sight lines. He did not agree with Mr. Bugle's comment that the Board can take care of the roads better than DPW. He concluded by saying he supported the bylaw but felt it needed some significant modifications. Bugle: Noted that the Board used to review these items in the past. Ulshoeffer: Wanted to know if there was a strong need to go to Town Meeting in the fall or could it potentially wait until spring in order to address some of these issues. Bugle: Would really like to have this go to the Fall Town Meeting. McMullen: noted that Mr. Bersin had brought up some good points and perhaps the bylaw should wait. Pierce: Felt it was a matter of interpretation and the way the bylaw was currently drafted it could be worked with. Barnard: Felt that some of these items could be tweaked later but the roads need to be protected now. Planning Board Meeting Page 3 of 6 09-09-09 Leven: Noted that there is a General Law in place that would give the Town some protection (CH. 40, Section 15C). The proposed bylaw before everyone now would give a greater level of authority at the local level. McMullen: Did not want to go forward with something that wasn't perfect. Barnard: Felt the bylaw was pretty close and that having some protection is better than nothing. Shirley, Linnell Landing: Wanted to be proactive and move this forward. Johnson, 909 Stony Brook Road: Noted that no bylaw is perfect. He supported the bylaw and felt it should be given the opportunity to move forward to Town Meeting. Lamb, Crosby Lane: Echoed the support of the proposed bylaw. The process has been outlined and it should save the Town money in the long run. He encouraged the Board to have discussions with Mr. Bersin in an effort to ensure that all parties would be comfortable. He supported the bylaw and would like it to be moved forward. Schofeld: Noted that the protection listed under the General Law was for the Trees and Stonewalls only. After a continued discussion it was agreed that additional work needed to be done to the bylaw. Taylor: Motioned to continue the hearing until September 16. Seconded by Pierce. Vote: All Aye. PUBLIC LEGAL HEARING: The Public Hearing will be held for consideration of Zoning Bylaw changes to be submitted as 2 separate Articles on the Town of Brewster's Fall Town Meeting Warrant on October 19, 2009. The proposed Zoning Bylaw amendments are as follows: 1. Natural Resource Protection Design To see if the Town of Brewster will vote to amend the Code of the Town of Brewster Chapter 179 Zoning by renumbering Article XIII (Amendments and Validity) as Article XIV and creating anew Article XIII. Bugle: Read the Department Reviews and pointed out some concerns the conservation committee had with the proposed bylaw. He read a letter of support the Board had received from Pleasant Bay Resource. He then opened the floor to the Board. Pierce: Wanted to know why the bylaw only addressed property in the DCPC area -why not throughout the Town. Leven: Felt this was a complex issue and the Town should start small and see how it worked. Pierce: What if a developer thought it was a good idea in the other areas -how would it be addressed? Also she expressed some confusion with the calculations. Leven: The developer would need to go the ZBA. Ms. Leven explained the calculations: the initial number of lots would be reduced density but a developer could build the number of lots back up with the bonus systems (i.e a treatment facility). Kuzman: agreed with Ms. Pierce and felt the bylaw should apply across the Town. Taylor: Isn't this just an ANR and why do you need the NRPD? Leven: with and ANR, you are required to have frontage and obtain permits. The NRPD gives the developer the opportunity to subdivide the land as a right - no permits are required. Therefore the developer would get the project off the ground much faster. Barnard: Felt the bylaw should start just in the DCPC and see how it plays out Planning Board Meeting Page 4 of 6 09-09-09 Taylor: Has heard from the Builders Associations that a 34% savings would be achieved with the model because construction costs are lower. McMullen: Questioned the value of the properties when they are divided with this method. Leven: The assessed value would be the same or higher than a grid or cluster subdivision. The homes in an NRPD are built with the land in mind and have a significant amount of open space. Bugle: Opened the floor to the public. Barber, Alden Drive: Wanted to know how you would calculate when only part of the property fell in the DCPC? Soule, Vesper Pond Drive: Felt this was an important bylaw because it would help to protect our drinking water. He supported the bylaw. Singer: an attorney who doesn't live in Brewster but sometimes represents developers and had some points: 1. Has seen cluster developments that actually have reduced prices not equal to a grid. 2. wasn't sure if this bylaw would really be used by developers. 3. Would the bonus allocations really be cost effective? Robinson, Advisory to Land Trust: Typically recommends that conservation is not the entity to hold the open space. A majority of the cluster subdivisions have the open space going around the actual lots and it makes it difFcult for the trust to hold. However, with this design the open space is set aside more distinctly and he would be more inclined to support the trust holding this type of open space. Lamb, Crosby Lane: Felt this was an excellent bylaw and showed that Brewster was forward thinking. He did express some concern over the set backs on the interior lots. It was discussed that the owner would be aware at the time of the purchase and it would be their responsibility. J. Hughes, Consodine Road: Was attending the meeting as a public citizen and supported the bylaw. The ability to reduce nitrogen is essential on the Cape and she would support if it went town wide. Keeran, Susan Lane: Expressed support of the bylaw and was happy that it was moving forward. This proposal shows that Brewster is a leader for the protection of water on Cape Cod. Johnson, Stony Brook Drive: Supports the bylaw and urged the Planning Board to support. Minus, Tubman Road: Congratulated the Board for bringing this forward. The environmental approach is the right way to go. P. Hughes, Tubman Road: Had some additional documents that supported the value of this approach. She shared a copy with the Board. Taylor: Noted that this bylaw would be the 3~d in a series of bylaws that the Planning Board has brought to Town Meeting to protect the water. This proposal addresses protection with controlling subdivision design and we need to next work on protecting our ponds. Johnson: Noted that there would be a public forum addressing the bylaw on October 1st at 7pm at the Museum of Natural History. All were invited to attend. Pierce: Motioned to recommend the NRPD bylaw to Town Meeting. Seconded by Taylor. Vote: 6-0-1 ROLL CALL VOTE: Robert Bugle Aye John McMullen Abstain Elizabeth Taylor Aye Amber Tubman Aye Planning Board Meeting 09-09-09 Robert Barnard Aye Richard Kuzman Aye Marjorie Pierce Aye Page 5 of 6 2. Water Quality Protection -modification: To see if the Town of Brewster will vote to amend the Code of the Town of Brewster Chapter 179 Zoning by amending Article XI (Water Quality Protection By-law) as follows: In section 179-54 (Scope of Authority; Overlay District) amend the last sentence in the first paragraph as follows (bold text is new, atfil~et~eug# is deleted): In addition, this Article establishes specific requirements for land uses and activities within those portions of the Town of Brewster mapped and identified on the Zoning Map as the District of Critical Planning Concern ("DCPC") entitled "Brewster Water Protection District" as adopted by the Barnstable County Assembly of Delegates pursuant to the Cape Cod Commission Act which includes "Zone I" and "Zone II" and the "Groundwater Protection District" and the "Pleasant Bay Watershed." And in section 179-57 (Performance Standards), amend the first paragraph and paragraph A as follows (bold text is new, atf~# is deleted): To preserve the natural land surface providing high-quality recharge to the groundwater, to limit sewage flow and fertilizer application to amounts which will be adequately diluted by natural recharge and to prevent the discharge or leakage of toxic or hazardous substances into the surface and groundwater resources, all new, altered or expanded uses within Zone I, Zone II andlor the DCPC area shall meet the following performance standards, in addition to those requirements imposed by this Article or the Planning Board: A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC area shall exceed a 5 parts per million (ppm) nitrogen loading standard based on the methodology contained in the Cape Cod Commission's Nitrogen Loading Technical Bulletin 91-001. Bugle: Read in the changes noted above and opened to the Board. A brief discussion occurred. Pierce: Motioned to recommend the bylaw to Town Meeting. Seconded by Kuzman. Vote: 5-0-2 ROLL CALL VOTE: Robert Bugle Abstain Robert Barnard Aye John McMullen Abstain Richard Kuzman Aye Elizabeth Taylor Aye Marjorie Pierce Aye Amber Tubman Aye Other Business: 1. Review Planning Board Minutes: June 24, 2009 Pierce: Motioned to approve the minutes as written. Seconded by Tubman: All Aye. Tubman: Motioned to adjourn. Seconded by McMullen. All Aye. Respectfully submitted, ' ~ ~;. (~..~i ~~,~.1,J ~c~- Mar~orie P e~ rce/Clerk y nne i/Sr. Depa ent Assistant Planning Board Meeting ge 6 of 6 09-09-09