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Brewster Planning Board
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 133
FAX (508) 896-8089
Date Approved as written June 23, 2010: Vote 3-0-2 (Abstain: Collum and Leaning)
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
REGULAR MEETING
Wednesday, March 10, 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, Barnard, Kuzman and Tubman.
Also Present: Sue Leven
Bugle: Recognized the contributions of Marjorie Pierce and the sadness of her passing. McMullen commented that
Marjorie was a great asset to the Board and we will miss her. Taylor: worked with Marjorie on many committees. She
was always a feisty woman and has contributed significantly in the direction of the Town. She will be sorely missed.
Bugle: she was one tough woman and did a lot of service for the town. Thank you Marjorie.
Chairman Bugle opened the hearing March 10, 2010 by noting that this was a rescheduled public hearing due to the
cancellation of the last meeting due to the lack of a quorum. He then made the 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.
PUBLIC HEARING: The Public Hearing will be held for consideration of Zoning Bylaw changes to be submitted as 3
separate Articles on the Town of Brewster's Spring Town Meeting Warrant on May 3, 2010. The proposed Zoning Bylaw
amendments are as follows: 1. Definitions; 2. Common Lot Lines; 3. Greenhouses
Each article was discussed separately:
1. Definitions
ARTICLE NO. ##: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179-2 (Definitions)
by deleting the definition "Medical Center or Clinic, and by adding the following definitions:
ANIMAL HOSPITAL - A place where animals are given medical or surgical treatment by or under the supervision of a
veterinarian and boarding is short-term care incidental to hospital use and care.
ANTIQUE SHOP -see GIFT SHOP
BAKERY - An establishment primarily engaged in the preparation and retail sale of baked products for consumption off-
site. Such use may include incidental food service. A bakery where all product is prepared off-site shall be considered a
general retail use.
BED AND BREAKFAST - A residence where an owner/occupant in its home provides lodging and a morning meal to no
more than 6 transients for compensation.
CLINIC, MEDICAL OR DENTAL - A facility employing more than one doctor or dentist or health care provider providing
treatment on an out-patient basis.
GIFT SHOP -Retail stores where items such as art, antiques, jewelry, books and notions are sold
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HEALTH CARE PROVIDER -- Any person who is licensed or is otherwise registered or certified to engage in the practice
of or otherwise performs duties associated with any of the following: medicine, dentistry, optometry, midwifery, osteopathy,
podiatry, massage (by a Licensed Massage Therapist), chiropractic, nursing, physiotherapy, rendering assistance to a
physician, dental hygiene, psychiatry, psychology; or any other person acting at the direction or under the supervision of
any of the foregoing persons.
KENNEL - An establishment where dogs or cats are boarded for compensation.
OFFICE, MEDICAUDENTAL -- A facility employing no more than one doctor or dentist providing treatment on an out-
patient basis. Offices of Health Care Providers are also included under this definition. A medical/dental office can be
considered a Home Occupation if it meets the requirements of Section 179-37 of this by-law.
PERSONAL SERVICE ESTABLISHMENT - An establishment providing non-medical services including beauty and barber
shops; dry cleaning pick-up stores; shoe repair shops; tanning salons. These uses may also include accessory retail sales
of products related to the services provided.
TOURIST HOME -see BED AND BREAKFAST
Bugle: Informed the Board that in his opinion he felt that the definitions article needed to be rewritten or more closely
looked at. He recommended this article be rescheduled. Leven: noted that the public hearing needs to be opened and
tabled.
McMullen: Motioned to table the Definitions article for a future work session. Seconded by Kuzman.
Discussion: Bugle: He just wanted to make sure that any revisions proposed would not do harm to an existing business.
The words if written incorrectly could put a company out of business and therefore need to be carefully reviewed.
Taylor: Would like to invite the chamber of commerce here to participate in the discussion
Barnard: One of the things that is lacking from this Board is that they only tend to look at the business at hand and not
looking at the Planning. Would like to request that a portion of each meeting be designated to focus on planning/proposed
zoning bylaws etc.
Bugle: Asked the Board if April would be a good time to focus on this? Members from the Board agreed
Elbert Ulshoeffer: He encouraged the Board to proceed with the update. However, he had spoken with the Town Planner
and had some concerns about the antique shop definition. He hoped that it is addressed properly and that the businesses
are invited to provide comment.
Vote: All Aye 6-0-0
2. Common Lot Lines
ARTICLE NO. ##: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179-13
(Regulations effective in all districts) by adding a paragraph D, as follows:
D. When two lots are in common ownership, any structure that encroaches on a setback on either lot shall seek a variance
from the Board of Appeals. In a case where a structure is constructed over a lot line common to both lots, the two lots shall
be combined by plan or deed, and such plan or deed shall be recorded at the Barnstable County Registry of Deeds.
Copies of the recorded information shall be submitted with any building permit application.
Bugle: Read the article and noted town counsels concerns
Leven: Noted that the change requested by counsel could be easily accommodated. She made a recommendation on
how to make the change.
Bugle: Opened to the Board and requested any comments.
Barnard: Asked for clarification on the article. What was the intent?
Bugle: Explained that this article was drafted based on the Zoning Commissioners request. It would clarify the issue and
avoid the non-conforming issues that he has encountered.
Elbert Ulshoeffer: wanted to add an additional word in order to clarify. "Any newly construction that will encroach on a new
lot line."
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Leven: Could go upstairs tonight, make the changes and the Board could vote and to send this to the Selectman.
Bugle: The Board agreed to table to the end of the meeting.
3. Greenhouses
ARTICLE NO. ##: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179 Attachment 1,
Table 1, 2 (Year-round greenhouse or stand for wholesale or retail sale of agricultural or farm produce) and 3 (Year-round
greenhouse or stand) by adding a "P" under RM, and by adding a "P" under VB for Section 179 Attachment 1, Table 1, 2
(Year-round greenhouse or stand for wholesale or retail sale of agricultural or farm produce) so that it reads (new text is in
bold italics):
R R R C V MR PWS-CF
- - - - - D
R L M H B
2. Year-round P P P P P
greenhouse or stand
for wholesale and
retail sale of
agricultural or farm
produce
3. Year-round P P P P P - __
greenhouse or stand
Bugle: Reviewed the intent of the article and opened to the Board
Taylor: why don't we open to the "I" district?
Barnard: Noted that this would have been another time when Marjorie would have helped the Board to understand why
the "I" was excluded.
McMullen: Question on the industrial area...it wouldn't impact the water resource area? The Board did not feel it did.
Leven: Read through the section in the water quality bylaw that addresses this issue.
Bugle: Opened to public comment.
Elbert Ulshoeffer: Was familiar with why this came up in the past. This article does not clarify the issue because the
year round greenhouse and stand do not say you can sell the produce? Year-round as a home occupation then it would
be ok but it really needs to be defined.
Leven: This will not go in the fall because the use table needs to be addressed as a whole.
Bugle: Thinks it is ok and doesn't think the Board needs to worry about the changes.
Barnard: Motion to defer this to spring 2011 to give the Board the opportunity to understand. No Second.
Leven: This is a public hearing and needs to be closed.
McMullen: Was there a reason why we are moving forward on this?
Bugle: Because it has been kicking around and needs to be addressed.
Taylor: motion to move forward with the change of adding an "I". Seconded by Kuzman.
Taylor: Motion to go forward to send to the selectmen and have a public hearing. Seconded by Kuzman. Vote 3-3-0
Discussion: What is the issue? Taylor: Why are we postponing? McMullen: why did we decide on making this
change? Taylor: It doesn't make sense and thought we were trying to clear up these issues. Barnard: we are putting
the "P" in because we can't figure out why we are putting it back without full understanding of the outcome. Let's have
some discussion.
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Barnard: Move to remove the greenhouse article for consideration at the spring town meeting. Seconded by McMullen.
Vote: 4-2-0
CONTINUED LEGAL HEARING -Corridor Overlay Protection District - COPD#2008-25. Applicant: Catherine
Sperry; Owner: Paula Sperry -Located at 154 Archie's Cartway, Assessors' Map 38; Parcel 83-1. Proposal to
change use of existing barn to commercial - to be able to board horse(s).
Present: Sperry not here
Bugle: Noted the Applicant was before the Board for a Special Permit. The building commissioner requested that
she also obtain a COPD decision. Ms Sperry has completed the COPD checklist. She completed and the Board
has already heard her comments. The Board had no comments. Opened to the public. No public comment.
Public hearing closed.
McMullen: Motion to draft a favorable decision to be reviewed at the next meeting. Seconded by Taylor. Vote: 6-
0-0
LEGAL HEARING for- Personal Wireless Services Communication Facilities Special Permit #2010-03. Applicant:
ITT Corporation; Owner: SBA Towers II, LLC- Property Located at 395 Freeman's Way, Assessors' Map 46; Parcel
41-10. Proposal to locate 2 antennas on an existing tower.
Present: Kola Akindele, on behalf of ITT Corporation
Akindele: Provided an overview of the application and the plan. It is a simple installation. The work has actually
been completed in order to bring it into compliance with the FAA.
Bugle: Read the department reviews and pointed out an error on the specific street address. The Fire Department
has corrected the number. Opened to the Board.
Barnard: What is the coverage in Brewster?
Akindele: This is different than a cell phone tower. It is a requirement from the FAA to track air space.
Bugle: Opened to the Public. No public comment. Public hearing closed.
Taylor: Motioned to draft a favorable decision to be reviewed at the next meeting. Seconded by Kuzman. Vote: All
Aye. (6-0-0)
CONTINUED LEGAL HEARING - COPD#2010-01 Applicant: Thomas C. Schmidt, DDS -Located at 18 The
Channel, Assessors' Map 17; Parcel 12. Private home, dental office built in 1970, change of use from home back to
dental office. REVIEW DRAFT DECISION.
Bugle: Reviewed the updated information supplied to the Board. Any comments from the Board on the decision?
Barnard: Wanted to make sure that the conditions the Board requested had been incorporated. He felt it took care
of their concerns.
Bugle: Then read in the letter received from the office of Ben Zehnder outlining some concerns that the abutter had
about the decision.
McMullen: Felt they had addressed all of their concerns.
Bugle: How do you enforce the no backing up comment suggested by Mr. Zehnder? The building commissioner
has stated that there is standard language in the decision that would allow the Board to reopen and address if there
was an issue.
McMullen: Thought Dr. Schmidt was interested in working with the Dunbar's. And he understood their concerns
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Bugle: Other comments from the Board?
Barnard: Is there any doubt in the Board's mind that they are approving 3 support personnel plus the dentist.
McMullen: No doubt, the decision includes the dentist in addition to the support staff. The board felt it was clear as
written.
Zehnder: representing the Dunbars (an abutter). He disagreed and felt that there was confusion. He thinks it
would be clearer if it said maximum of 4 staff. The Board agreed to make this clarification. Mr. Zehnder also
pointed out that the Board should be able to protect the safety of the citizens and that it was ok to be sure it was
clear.
Tubman: Reviewed the plan and felt there was room for the 4 people to turn around. If one of the spaces on either
side then there is room to back up and turn around.
Taylor: If we restrict to 4 spaces and there should be plenty of room to turn around.
Bugle: Many of these things are unenforceable and he would rather wipe out 2 spaces.
Kuzman: Would rather visit if there is an issue.
Bugle: Is it agreeable that they keep space open?
Leven: Parking regulations should define a back up area.
Zehnder: This is a doctor's office and the by-law states the Board has the right to make this no back up condition to
protect the citizens.
Bugle: How does the Board feel about this issue?
Taylor: Didn't we say to the antique shop that they can't back out?
Barnard: People back out all the time. Is there some attempt to correct?
McMullen: No comments
Tubman: Would think that dentist would encourage his patients to not back out.
Leven: Section 179.23 B states no backing out is permitted.
Motion to request that patients do not back out on the road. No Second.
McMullen: it is getting ridiculous - we can recommend that he posts a sign and that we go with a 4 total staff
McMullen: Motioned to approve the SP Decision with the changes noted. (Requesting the applicant to post a sign
encouraging people not to back out on to the road and allowing a maximum of 4 on site staff for this medical clinic
use) Kuzman Seconded. ROLL CALL VOTE: ALL AYE
Robert Bugle Aye Robert Barnard Aye
Richard Kuzman Aye Elizabeth Taylor Aye
John McMullan Aye Amber Tubman Aye
CONTINUED LEGAL HEARING for- Modification to Special Permit #2060-P. Applicant: Ocean Edge Resort L.P.-
Property Located at 2907 Main Street, Assessors' Map 14; Parcel 1. Modification to site plan to add up to 137
parking spaces, clarification of front lawn tent usage, and clarification of project uses for consistency with practice
and interpretation
Present: John Mostyn, Attorney for Ocean Edge
Mostyn: Provided a quick refresher: In 2006, Ocean Edge came to the Board and received ratification to the
Ballroom permit. However, OE lost 10 million dollar and decided to wait on this expansion. Over the next 2 years
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they modified the plan and in 2008 they came back to the Board with a modification. All parties agreed to wait and
see what happened during the season. They are now here for the following reasons:
1. The addition of increased in parking spaces - 158 spaces throughout the property.
2. Clarification on the usage of tents in the front lawn - need a longer time to have the tents up and the size
requirement noted was no longer manufactured. -Requested that they be allowed 2 tents per month
3. Transient use clarification -would like to strike paragraphs: C5, 6, 7 in order to clarify the decision.
When they came before the board in December the neighboring associations were concerned with the traffic and
the noise from the Pavilion and the Terrace.
The revised plan shows revisions made to address the neighboring association's concerns with traffic and parking.
They have decided to go only with the valet parking areas in the front - 94 spaces. No additional parking behind the
mansion. Regarding the concerns about safety and noise mitigation, they would not have large trailer trucks deliver
behind the mansion. They have commitments from 3 of the vendors that would require deliveries in the front. They
do not have the commitment from the 4`h vendor. In relation to the noise impacts, they hired a consultant and they
looked at sound barrier curtains that the vendor is proposing. This proposal is for vinyl curtains on 1 wall - a
handout on the product was submitted. They confirmed that 10pm is the shut down hour. On the terrace
unamplified music would be permitted up until 10 pm. Parking valet service is available and a plan is established
based on their occupancy. They do not permit non-management employee parking on the mansion side. They will
not allow guests from the Villages side of the property to use the beach.
When the Pavilion needs to be replaced or modified they would come back before the Board.
They are asking for approval of the revised site plan prepared by Don Poole Sheets LP 4 and 5; strike conditions
C5, 6 7 from original permit and accept their mitigation package.
McMullen: 94 spaces are they enough for your business needs?
Mostyn: They will have screening and impervious pavement for the 94 additional valet spaces. This parking would
be used for the functions.
Taylor: Wanted to ensure that this was all that the Board required.
Leven: planting list included - A plan was shown. She would like the Board to hold off on the CO until it has been
completed.
Taylor: reviewed the plan
Barnard: Commended the applicant that they came back to the Board with a reduction in the parking spaces.
Mostyn: felt this was an appropriate amount of parking for the property.
Bugle: opened to public comment
Michael Leon: President of Ocean Edge 1 homeowners' association; along with Doug Barker the vice president:
wanted to be clear and stated the concerns they had. The parking, noise and the safety. They have been working
with Ocean Edge trying to work together. Concerned about the use of the Pavilion -the noise mitigation is
acceptable to them as long as they had an understanding if it had to be rebuilt then they would come back to the
Planning Board. The association was pleased that OceanEdge was accommodating them with eliminating the
parking in the rear. The association was pleased that the deliveries would be out front. The association wanted to
be clear that the outside venues regarding the noise also apply to the carriage house. The association appreciates
and understands the need to eliminate the transient visitor language from the decision and they felt it was
appropriate. They don't want to overburden and then cause them to come back to the Board. They support the
tents usage and feel it is acceptable. They are in support of the modifications based on the changes and the
mitigation plans presented.
Bugle: any other questions?
Taylor: what restrictions are on the other outside venues?
Mostyn: No outside amplified music on the terrace right now this restriction is for this area only because it is higher
and the music will travel. Tents outside no restrictions on the music.
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Bugle: any further comments. Need to address what we want in the permit.
Tubman: all that was said
Leven: would be willing to verify the planting plan
Mostyn: not so sure they can get the landscape parking plan done this spring and it may need to be done in the fall.
Taylor: Motioned we put together a draft decision to be reviewed at the next meeting. Seconded by Tubman.
Vote: All Aye.
Kuzman: Motion to extend the existing temporary CO to May 15. Seconded by Tubman. Vote: All Aye.
LEGAL HEARING - COPD#2010-05 Applicant: Vernon Smith (Brewster Fish House) -Property Located at 2208
Main Street, Assessors' Map 16; Parcel 77. Proposal for an addition to the existing restaurant. Also proposal to
increase seating capacity from 46 seats to 52 seats.
Present: Vernon Smith and John O'Reilly
Smith: Provided and overview of the application and the revised plan that they submitted. He pointed out that there
is a modification to the Vestibule portion of the plan - an extension of 20 inches closer to the road way in order to
accommodate size regulations. Applicant provided the reason for the changes requested: 1. handicap access; 2.
egress and ingress; 3. they have no indoor access to their basement.
Smith: lives behind the restaurant and hopes to continue the business.
Bugle: Read the department reviews into the record. He was at the DPRC and noted that careful consideration
was given to the plans and the entrance way seemed agreeable, handicapped bathrooms are a great addition. The
Board has to recognize that this was pre-existing business and the Board makes a determination that these
improvements will enhance the pre-existing condition and would not be a detractor.
O'Reilly: They did soil borings and have supplied reports with their results. He provided an explanation of the
numbers. They did not find any samples that fully met the Amis town soil. The property straddles the line of Amis
Town and Plymouth soil. They did not find a strict conformance to the Amis town soil. It was his understanding
that there wasn't a buffer zone issue. John would like to review the conservation regulations and would be willing to
work with conservation if necessary.
Bugle: the Board is able to address the conservancy soil issue. Any questions from the Board?
Taylor: How much of the soil on the property past the existing dwellings have been tested?
O'Reilly: they did find some fill bad soils but it was in just some isolation -Amos Town and Plymouth not enough to
be a concern. Some discretion is involved and the Board could allow the permit.
Taylor: Parking -she has seen some overflow on Town property.
O'Reilly: Per the zoning bylaw parking specifications -1 space is required for 3 seats. The Fish House meets the
requirement. They have 18 existing spaces.
Smith: they do have some helpful signs in the restaurant and they try to encourage people to park appropriately.
They have found that most of the cars parking off site are just dropping in to see if there is a wait and then they
move. He would be happy to do whatever the Board recommends.
Bugle: Put up a sign that says if you park in the town parking lot you may get a ticket. The Board liked the idea.
Barnard: Can the septic system handle the expansion?
O'Reilly: they have a 3500 gallon tank. It should be fine.
Barnard: The parking lot is maxed out and this is the best they can do
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Leven: perhaps they can delineate the parking in the back to help people park better. She questioned whether the
handicap space was accurate? Does it need to be paved?
Taylor: needs to be hard surface for the handicap, check with Victor on requirements.
Leven: the box on the bottom needs to be changed - it was just a template thing. Condition the decision: The
handicap space requirement, delineation of the parking spaces.
Taylor: the parking space next to #1 is nothing
Leven: looking at the spaces in the front -would it make more sense to move them around
Bugle: any other questions from the Board. Opened up to public comment.
Robert Fratus (an abutter): directly across from the business. Traffic is an issue and parking is an issue and wants
to make sure it is taken care of. They are expanding the seating then shouldn't they have to expand the parking?
Leven: they have adequate parking based on the Town's requirements.
Smith: thought the delineated spots would really help.
Bugle: the special permit checklist has not been provided.
O'Reilly: would take care of that and get to the Board.
Bugle: asked if the Board agreed that this is not a deterrent to the preexisting condition. These modest changes
improve this building.
Barnard: Awnings -basic black they are retractable and he is going to HDC for approval.
McMullen: Motion to draft a favorable decision to be reviewed at the next meeting. Seconded by Kuzman.
Taylor Pointed out the conditions that needed to be included: This is a non conforming pre-existing business, the
soils need to be noted, applicant must be up to date on recording/addressing appropriate department approvals,
septic approved by the BOH and the checklist must be submitted.
McMullen: Amended motion to include the conditions above. Seconded by Taylor. Vote: All Aye 6-0-0
LEGAL HEARING -Special Permit Application for Pre-existing lots of record, lacking street frontage (Dirt Road
Access bylaw); SP#2010-06 Applicant: Red Wooden Shoe Nominee Trust -Property Located at Cranview Road
and Black Duck Cartway, Assessors' Map 51; Parcel 20. The applicant proposes to construct a single family home.
Present: Ben DeRuyter
DeRyuter: Here for an approval under the dirt road bylaw. He provided an overview of his application and plan.
He anticipated a Cranview address and access over Cranview Road. The property is on over 10 acres. Cranview
is now a paved road all the way to his property. Addressed a concern that was brought forth from the fire
department regarding access. Fire chief was ok with the access from Cranview.
Bugle: Read in the Department reviews. Asked that the Fire Department provide agreement that emergency
access would be from Cranview. Opened to the Board.
Taylor: wanted to confirm that the applicant was keeping it as one lot.
Bugle: Opened to public - no comments
McMullen: Motion to draft a favorable decision to be reviewed at the next meeting Seconded by Kuzman. Vote: All
Aye (6-0-0)
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Application for Endorsement of Plan Believed not to Require Approval -ANR#2010-07 Applicant: Dennis W. &
Elaine F. Dugan -Property is located off of Great Fields Road and shown on Assessors' Map 35; Parcel 7-2. The
purpose of this plan is to cut off a small 40,650 +/- square foot lot from the remaining 13 +/- acre property owned by
the Dugan's for conveyance purposes only.
Bugle: noted that the applicant submitted a request to continue the ANR until March 24.
Taylor: Motion to continue. Seconded by: Tubman. Vote: All Aye. (6-0-0)
Returned to Common Lot Lines Article:
Leven: submitted a revised article incorporating the comments received tonight.
Bugle: any comments
Taylor: Motion to send to the selectmen and schedule a public hearing. Seconded by Kuzman. Vote: All Aye. (6-0-0-)
PUBLIC HEARING: for a modification to the Planning Board preliminary subdivision filing fee.
Bugle: provided an overview of why the Board was making the revision. He then read in the revision. Opened to the
Board. No comments. Opened to the Public. No comments
McMullen: Motion to approve the revised fee structure. Seconded by Kuzman. Vote: All Aye. 5-0-0 (Taylor had stepped
out)
Other Business:
McMullen: Motion to nominate Bob Barnard as the new clerk. Seconded by no one - to be discussed at the next meeting
McMullen: Motioned to adjourn. Seconded by Tubman. All Aye.
Respectfully submitted,
Ja ne S Administrative Clerk
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