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HomeMy Public PortalAboutPlanning Board -- 2010-01-27 Minutes\~~~~o~~"~ Ft E W ~~~ mil O ~>' of '4F~+ ~ ,. =Q 2 ~' ~ ~ 3' f awl ~ ~ a~ D r i<~ Y`~ - -'• ~' //~~//////~/ Ee. R t e , At aO v \\\\~\~~\\\\\\ //~ ~~~ 1 I 1 I! I I l I I l I 1 l 41 U 111 \\\\ Date Approved: March 24, 2010; Vote: All Aye (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, January 27, 2010 at 6:30 P.M. Brewster Town Office Building Chairman Bugle convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members McMullen, Taylor, Pierce, Barnard, Kuzman and Tubman. Also Present: Sue Leven Chairman Bugle opened the hearing January 27, 2010 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. HEARING -Application for Endorsement of Plan Believed Not to Require Approval; ANR#2010-02 Applicant: Donald C. Arthur -Property Located at 1554 & 1560 Main Street, Assessors' Map 24; Parcel 24-1. Plan to change from 2 lots to 1. Present: John O'Reilly O'Reilly: Provided an overview of the plan. 2 years ago they were in to add the property line now the new owner wants to remove the lot line. Bugle: Opened to the Board Taylor: Where is the CR located? O'Reilly: It is not shown on the plan but no changes to the conservation restriction would occur. Leven: Would it be possible to add a note to the plan that there is a CR on the lot? O'Reilly: No problem with that. Pierce: Motion to endorse the plan with the added note. Seconded by Taylor. Vote: All Aye (7-0-0) Planning Board Meeting Page 1 of 6 1-27-10 HEARING -Application for Endorsement of Plan Believed Not to Require Approval; ANR#2010-03 Applicant: J. Bruce MacGregor as Trustee of Cape Commerce Nominee Trust -Property Located at 179 Underpass Road, Assessors' Map 27; Parcel 19. Plan to change from 1 lot to 2 lots. Present: John O'Reilly O'Reilly: Provided an overview of the plan -lot shown meets zoning requirements for an ANR. Bugle: Opened to the Board. No comments. Pierce: Motioned to endorse the plan as presented. Second by Tubman. Vote: All Aye LEGAL HEARING - COPD#2010-01 Applicant: Thomas C. Schmidt, DDS -Located at 18 The Channel, Assessors' Map 17; Parcel 12. Formally private home with dental office built in 1970, change of use to reinstate dental office. Present: Thomas Schmidt Schmidt: Provided an overview of the application. He bought the property in 1985and would like to reopen the dental practice in the home. It would be only a part time practice with no new construction as it was all pre-existing. The practice had been there since 1971 and then he bought the practice in 1985. Bugle: Read in the Department reviews: Reviewed by: Board of Health, Building Dept., Police Dept., Conservation Comm., Dept. of Public Works, Water Dept., Fire Dept., Historic District Comm. BOH - Septic system needs to be inspected for the change in use. DPW - as of 1-22-10 awaiting comments BUILDING - The applicant is properly before the Planning Board to petition for a dual Special Permit as recognized in Section 51-A of Brewster Zoning Bylaws. According to the site plan submitted, the available dedicated parking for the dental clinic appears to be between 6 and 9 parking spaces. WATER - It looks as if there will be no changes to the water service or septic system so I have no concerns there. My only concern is that they have the proper backflow devices installed since it is going to be a medical facility. I'm sure the plumbing inspector will be involved as will I if needed. POLICE - I am happy to see Mr. Schmidt's application. I don't see any police related issues. I hope the board supports this re-opening of the dental office. FIRE - as of 1-22-10 awaiting comments CONS. COM. -A GIS review shows wetlands and Wetlands Conservancy Soils in the area. Any alterations, including disturbance to vegetation or soil within 100 feet of wetland resources or within 200 feet of a river requires Conservation Commission approval. The Conservation Commission does not have any comment if the proposed changes are interior only. The review also shows that the property is not within NHESP Estimated and Priority Habitat of Rare Species. HDC- signed off - no comments. Planning Board Meeting Page 2 of 6 1-27-10 Bugle: then opened to the Board. Taylor: no problem -thought it was good to have the practice back again. If the Board were to change/update the definitions then this would be an allowed use because it is a single practioner. Barnard: When it was first allowed it was allowed because it was a single practioner. Schmidt: Informed the Board that the application was just for his own practice. Bugle: Noted that the checklist had been provided and no comments were raised from the Board He then read in a letter of support from an abutter and opened to the Public. Ben Zehnder: an attorney, representing the abutter across the street: The neighbor was not opposed to the dental office they were just concerned about the traffic on the small street and concerned about how large the practice would be. The applicant is before the Town for 3 reasons: COPD application, a Zoning variance and DPRC. Unfortunately, the DPRC meeting has not occurred and this meeting might help to iron out some of the concerns his client has. In particular the application does not show the parking spaces and does not specify the number on practioners on site. Ideally, they would like to see the decision based on the following criteria: 1. Permit run with the applicant and not the land 2. Limit the parking to the off street parking and 3. No backing into the street. 4. Limit to a single practioner Howard Dunbar: an abutter: owns about 500 feet along the road -the road is narrow and is not trimmed back. The prior practice had cars parked on the road, people backed out on the road and damage was caused to a fence. He wanted to ensure that the practice was limited in size and that no backing out on to the street occurred. McMullen: Wanted the audience to know that the DPRC was set up to help the applicant. It is not a permit granting authority and only provided guidance for the applicant. Bugle: Noted that the information provided shows 6-9 parking spaces. Zehnder: this application was not here for a home occupation. It is before the Board for a special permit and it does not state how many employees are allowed. Bugle: Allowed up to 2 additional support people for the business. The business can not be expanded without going to town meeting. Zehnder: Wanted to make sure it was clear on what was presented and what could be conditioned. Schmidt: Wanted to ensure the Board that there would be no changes to the footprint of the house and that he did not want to impact the character of the neighborhood. He wanted to just reopen his part time business. He does not envision the practice getting large. However if it were to grow then he would move it to a different location. Zehnder: How many people exactly are you going to have in the business? Schmidt: His support system consists of a hygienist and achair-side assistant. The Assistant may also be his front desk person. Zehnder: Could the decision be conditioned that there are no more than 3 persons on the premises at a time. Leven: Since it is a medical clinic, the Board can set up limits on the requirements of the business for an appropriate space for the size. Planning Board Meeting Page 3 of 6 1-27-10 Bugle: In the RM zone and you could have 2 additional personal Leven: Pointed out that this was not a home occupation. Tubman: Addressing the specifics on parking- Dentist, hygienist, assistant, front desk person+ 4 patients - that accounts for 8 parking spaces. Schmidt: He has 4 chairs in Nantucket and doesn't want that here in Brewster. Wanted to provide quality, wants to keep his neighborhood, keep it under control, no environmental impact. Keep it small and simple within the confides of what he currently has. McMullen: So you need 3 support personnel Barnard: If you only have 2 rooms then that limits the traffic volume. Pierce: It seems that we need to understand the practice. The Board could condition the decision to limit the size and keep it as it is for the applicant and not the property. Zehnder: Requested that the decision specify the maximum number of people working in the building is XXX. This is what you are allowed and that would make it easier for the Building Commissioner to enforce. Barnard: Ask the abutter -can 8 vehicles work on the street? Dunbar: concerned about the intersection and encouraged the Board to visit the location. There is no way to easily turn around in the parking lot and it becomes a safety issue. The visitors need to back out. Winter time the road is extremely narrow and in the summer traffic going down the street is high. Zehnder: Wanted to make sure that the Board noted the comment received from the Building commissioner "appears that there are 6-9 spaces". Bugle: Comments from the Board -Any conditions the Board would like included? Tubman: Would like to see parking spaces delineated. Also would like to have Dr. Schmidt post a note inside the premises that encourages clients them not to back upon to the street. Bugle: How many people? 3 support personnel. Pierce: Doesn't feel the parking spaces needed to be marked on the premises. McMullen: I think we can assume there is adequate parking. We have to draw up a decision anyway. Draft the decision and have the attorney take a look and approve at the next meeting. Pierce: Permit is to run with the applicant and not the land. Leven: Would like to put in her request that the Board has a parking plan that shows the spaces delineated. It is important to show that the space would accommodate the business. McMullen: This is a residential area and not a commercial area. Pierce: Is this the same parking lot as before? She had no problem with the parking. Schmidt: No problem on giving the footage - he gave it to Victor, Building Commissioner. Should he include the driveway for the house? Bugle: If you could provide that information prior to the next meeting. The Board won't vote until then anyway. Planning Board Meeting Page 4 of 6 1-27-10 Taylor: Suggested that Dr. Schmidt use the submitted Plan and delineate the parking. McMullen: Agreed that the Board would require a parking plan and then the Board can vote. McMullen: Motion to draft a review for the next meeting with the conditions outlined tonight. 1. The Special Permit is to run with the applicant only. 2. There will be no on street parking 3. The maximum number of support personnel is three (3). 4. Submission of a delineated parking plan indicating adequate spaces for the business. Seconded by Taylor Vote: All Aye. CONTINUED LEGAL HEARING -SPECIAL PERMIT #2009-24. Applicant: Catherine Sperry; Owner: Paula Sperry -Located at 154 Archie's Cartway, Assessors' Map 38; Parcel 83-1. Proposal to change use of existing horse barn to a commercial stable - to be able to board horse (s). REVIEW DRAFT DECISION. A brief discussion regarding the decision occurred. Taylor: Motioned to approve the application. Seconded by Tubman. Roll Call Vote: (5-0-2) Robert Bugle: Abstain Robert Barnard Abstain Marjorie Pierce Aye Richard Kuzman Aye Elizabeth Taylor Aye John McMullen Aye Amber Tubman Aye CONTINUED LEGAL HEARING for- COPD#2009-23. Applicant: Town of Brewster.- Property Located at 384 Underpass Road, Assessors' Map 26; Parcel 16-80. Construct an 11,900 square foot addition onto the existing Stony Brook Elementary School. The current building is 91,000 square feet. REVIEW DRAFT DECISION A brief discussion regarding the decision occurred and minor date change was noted. Taylor: Motioned to approve the application. Seconded by Tubman. Roll Call Vote: (5-0-2) Pierce, Barnard Abstained Other Business: 1. Discuss Preliminary Plan subdivision filing fee for 2 lots only: A brief discussion occurred. A change from $1,500 plus one hundred dollar ($100) per lot for preliminary subdivision plans to $250 for preliminary subdivision for 2 lots only was suggested to make it in line with the revised definitive subdivision plan fee for 2 lots. What are the other towns charging? A public hearing would need to occur to formally make the change. 2. Review proposed agenda/bylaws for upcoming Spring 2010 Town Meeting: A brief discussion regarding the proposed bylaws occurred. - Clarification on Common Lot Lines The modification was recommended from the Building Commissioner in order to clarify the placement of a building on or near common lot lines. - Correct Table of Uses relating to Greenhouse use This was an issue that came up 2 years ago and needs to be addressed for our local residents. Would like to add to V-B. Planning Board Meeting Page 5 of 6 1-27-10 - Update Definitions This provides the definitions of only the undefined uses in the home occupations section of the bylaw. This should make it clearer for all. - Review Accessory Apartment bylaw This is basically Harwich's bylaw. Bugle originally brought this up and it is going to be extremely difficult to get passed. This will not be ready for the Spring. Other: Scenic Road Bylaws: Mr. Barnard noted that there was a working committee on a scenic road right now and he thought this bylaw should wait. He suggested that they let the group work and see where it goes unless a citizen wants to bring it to Town. Other business cont.: - Leven: suggested that she start to bring articles to the Board for the Fall. It was agreed that the Board would like to proceed with the 3 bylaws (Common Lot Lines, Greenhouses and Definitions) for the Spring. Also suggested that one town meeting be used by the Planning Board to address housekeeping bylaws and the other be for the more substantial bylaws. There was not an agreement reached on this but it was noted that Leven would bring substantial articles to the Board as soon as they were ready. - Commercial Lot size: Leven: Questioned why the Board allowed commercial lot size of 15,000 square feet. - Follow-up on letter from Attorney Idman regarding Cleary. It was agreed that they should come into the Board to discuss. - ZBA Agenda: Any comments: A discussion regarding the 3rd item on the agenda. Landscape Companies in a residential area. Not a good idea in a residential area. Storage in the water district -Storage of fertilizers in the water district is not allowed. The overview photos makes it look like he is sand mining. The Planning Board is supporting overturning the Building commissioners decision. McMullen requested that Bugle check with Victor to see how his determination was made. McMullen: Motioned to adjourn. Seconded by Pierce. All Aye. Respectfully submitted, C~~ J y nne ci/Administrative Clerk Planning Board Meeting 1-27-10 :~ rte, ~, __~ ~.~ ~, ,~, ~„ ,~: "~; n, :~, ~a r.. :S: i-~. .^c. I-> -1 -~s. m 4.[J Page 6 of 6