Loading...
HomeMy Public PortalAboutPlanning Board -- 2010-04-28 Minutes~ ~' ~ ~. ~ ~~ 3 '"' D a ~ r/~~//////////~ ~B P9 P} ~\\\\\\~\\\\\\\\\~ ~~ ~~ I I l I N I I I l 11 t 4 l 1l l\\ Date Approved: 9/g~y/~a 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, April 28, 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, Town Planner; Greg Levasseur, Ed Lewis, Charles Sumner Chairman Bugle opened the hearing April 28, 2010 by reading the legal advertisements and making the applicant and parties in interest aware of their rights to appeal a ~ required under Chapter 40A, Section 17. He stated that during the hearing any member of the Board or interE;sted party could direct questions through the Chairman to a speaker relating to the proposal. CONTINUED 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 create a 40,650 +/- square foot lot from the existing 13 +/- acre property owned by the Dugan's for conveyance purposes only. - 4/23 APPLICANT FILED A REQUEST TO CONTINUE ANR Bugle: Read the request for the continuance Taylor: Motioned to approve continuance to the next Meeting on May 12, 2010. Seconded by Barnard. All Aye CONTINUED LEGAL HEARING -Corridor Overlay Protection District - COPD#2010-08. Applicant: Brewster VFW; -Located at 989 Freeman's Way, Assessors' Map 46; Parcel 41-2 Proposal to add an outdoor pavilion to provide protection from weather. Present: David Lai Lai: Provided an overview on the application and the plan. Note) that this had been a long process (2 years) due to the fact that they had to go to the Cape Cod Comrr fission for an exemption from the DCPC moratorium. He also noted that he had color pictures to show, the checklist had been provided and addressed all the requirements outlined in the zoning bylaw. Bugle: read the department reviews and then opened to the Board. Taylor: was familiar with the applicant due to being on the CCC -she was in favor of approving the applicant Planning Board Meeting Page 1 of 11 04-28-10 Bugle: Opened to the Public Peter Johnson: is used to having the Pl~~nner speak and would welcome her comment. Leven: familiar with the applicant - no comments Taylor: Motioned to draft a favorable decision. McMullen seconded -Vote: All Aye. PUBLIC LEGAL 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. ZONING BYLAW AMENDMENT /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 new, altered or extended structure proposed after the effective date of this by-law, that encroaches on a setback on either lot shall seek a variance from the Board of Appeals. In a case where any new, altered or extended structure proposed after the effective date of this by-law is proposed to be 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 through the zoning change recommended by the Planning Board and provided the purpose of the change. Opened to the Board. Robert Evans: A&E Architect - has a uiient that is considering buying an adjunct lot. The lot is grandfathered under zoning bylaws does that mean that they would need to go to zoning? Leven: it is not a combining of the lots -they would have to do a 81X or combine the lots Stephen Jones: town has ongoing process of combining lots by deed? Leven: she was not sure about what the problems are but you could just do a plan and record that. She would check with the assessor's office. McMullen: Motioned to recommend this to Town Meeting. Taylor seconded. Roll Call Vote -All Aye Roll Call Vote: Robert Bugle: Aye Robert Barnard Aye Amber Tubman Aye John McMullen: Aye Elizabeth Taylor: Aye Richard Kuzman: Aye 2. ZONING BYLAW AMENDMENT / LWET SPECIAL PERMIT TERM ARTICLE N0. #.~ To see if the Town of Brewster will vote to amend the Code of the Town of Brewster Chapter 179 Zoning by amending Article IX (Special Regulations) as follows: In Section 179-40.2 (Wind Energy Turbines) amend paragraph (K) as follows (Bold text is new, S~g# text is deleted): K. Terms of special permits. (1) A special permit shall lapse 24 months following the issuance thereof if construction of or substantial use of the WET has not commenced (excluding any appeal periods). Planning Board Meeting Page 2 of 11 04-28-10 (2) A special permit issued for any MWET ^''~-~;^'~T shall be valid for 15 years, unless previously abandoned or discontinued. A special permit issued for any LWET shall be valid for 25 years, unless previously abandoned or discontinued. (3) At the end of the initial time period, the MWET o~ LWET shall be removed or a new special permit shall be required. Any special permit extension beyond the original fifteen-year term for a MWET or the original twenty-five year term for a LWET shall terminate within 10 years or upon the manufacturer's estimated useful life for the model and type of said WET or WET component equipment. A special permit may be extended for up to a maximum of 10 years, provided the applicant provides an inspection and certification by a licensed structural engineer. (4) Any permit issued by the SPGA for an MWET or LWET shall only be valid for the applicant or the applicant's financier pursuant to a "step-in" or default provision easy; it may not be otherwise reassigned, leased or sold. Representing the Selectmen: Greg Levasseur Levasseur: Provided an overview of the change. The change would be needed to be made in order to finance the life of the unit. Bugle: Opened to the Board. Taylor: explain #4 Levasseur: some of the financing by CVEC -backup position McMullen: sounds reasonable and should be recommend Bugle: Opened to Public Elbert Uleshoeffer: Question on how this works: The permit is valid for 25 years and only for the applicant; the 10th year the turbine is abandoned -what happens. Should the words be changed to include the abandonment of the turbine? Tubman: isn't there somewhere else in the bylaw that would address~the abandonment Levasseur: at this point the Selectmen think this is the only change necessary -town counsel, and the energy company reviewed and they felt these were the only changes necessary Bugle: if we do this for 25 years then perhaps later on we should make some changes on the life Taylor: perhaps we should revisit but she thought we were covered because we hold a bond for the life of the turbine. Jones: recognized it is not part of the addition or changes -question #4 it can't be reassigned Bugle: agreed to the change. No further public comments. McMullen: Motioned to recommend sending the amendment of change the word assign. Seconded by Taylor. McMullen: Recommend to send #2 to Town Meeting Seconder' by Taylor: Roll Call Vote. -All Aye Roll Call Vote: Robert Bugle: Aye Robert Barnard Aye Amber Tubman Aye Planning Board Meeting 04-28-10 John McMullen: Aye Elizabeth Taylor: Aye Richard Kuzman: Aye Page 3 of 11 3. ZONING BYLAW AMENDMENT/Sign Regulations ARTICLE NO. #: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Article VI (Signs) by adding a new Section 179-20.3 entir, ed "A-frame signs for any business", as follows: 179-20.3 A-Frame signs for any business A. One A-frame sign is permitted, not to exceed eight square feet in area on a side. B. A-frame signs to be located within an historic district must receive approval from the appropriate local or regional historic district commission. C. Permits for A-frame signs run from June 1 to May 31 and must be renewed annually. Bugle: any comments from the Board. Taylor: reviewed the changes from counsel. Bugle: the change was in reference to the road footprint. The article that the PB advertised did not have the change. It went into the paper to make it legal. HDC was concerned about the original article -and this was feedback they received. The Board had not authority to act in the road footprint. The article as it is written is not lawful. The HDC supersedes the town. Leven: the article can't be amended without a public hearing. The original language doesn't address anything about the roadway it is common sense that a sign needs to be on your property. 40A section 5 says specifically that what can be altered. Town counsel feels it needs to be pulled and put forward in the fall. Bugle: the PB can't say - PB can't allow anything in the roadway. We can't go forward with something that is not lawful. When the Planning Board chang~~d the article then it became a Planning Board article. Dropping one line is not going to be misleading - strongly c isagrees with counsel on this. McMullen: we are losing sight of why this is going forward - we are going another summer without getting this straightened out -thinks we should go ahead and would welcome comment from the business community Barnard: 2 points -this article got defeated in Nov. 2"d point Harwich is taking a different approach -they are looking at other ways to attract business - he doesn't think the Board has given enough thought as to what is good and what is really going to work. Bugle: regarding the legal aspect -because this was defeated - there a couple loopholes -the first being that the PB can recommend that it goes forward. Taylor: not in favor or signs but feels that we should look at neighboring towns to see how they are addressing. Also, thinks it should go forward and let the citizens know what is up with it. Tubman: not in favor - we are cluttering up a busy way and thought we were trying to get a handle on the signs out there McMullen: this doesn't mean that we can't revisit and or change in the fall Bugle: would like to help the businesses Kuzman: supports the business -temporary basis -not there for the long term -concerned about the look of the signs Bugle: did learn from the HDC-they have learned the importance of the sandwich boards for the success of the business -HDC can't say they are in support that is against their regulations - If the town votes this in then they would be forced to work with the Town. Barnard: understand the economics of today and thinks the Board has not done anything to ensure that this addresses the issue -what would the difference be if this doesn't go? Planning Board Meeting Page 4 of 11 04-28-10 McMullen: the whole sign code needs to be addressed Bugle: the sandwich signs will be coming down -the town, the whitecaps signs the library signs will be taken down. This is a small step that should taken now Barnard -doesn't think it is necessary and would vote no Sumner: he worked with the Chamber and asked them to work with the Selectmen - he thinks it is flawed and he would recommend that everyone meets with town counsel together and see if there is a way to put this forward. Felt dialogue needs to happen Lewis: question about the process -the article was submitted by the .BOS and referred by the BOS - it would appear that the chair in consultation with another member decided to advertise without a line of the text - it appears that there was an open meeting law violation. The whole board should have been consulted. Taylor: it was not the Board's action Bugle: felt it should not have gone forward because of the legal issue - he requested the BOS check with the AG's office to make sure it was legal. Nothing was done Lewis: thought the question was within a 2 year period - not a question on the right of way. Bugle: need to cooperate not finger point -had to speak for himself - he thought the purpose to make sure that the PB was not doing anything unlawful -protecting the Board Uleshoeffer: point of criticism -generally you hear from the public before the Board - as a citizen this is a flawed article - a zoning bylaw is for the aesthetic nature of the article 1 the proliferation of signs 2 the equity portion 3 the aesthetic -the summary does not work -protecting the look of the town - it needs to work with the departments and will have an approach -the size noted is 8 foot by side it coi ild be huge -must get approval of HDC -same sign; sign on the property being advertised - 24 signs could be a: Foster Square -need to have all the parties together and work on something that works for the community in general but not at the expense of the community. Would like to indefinitely postpone it Norm Michuad; president of the Chamber -given the legal questions -recommend that the,parties get together to discuss and see if it can go forward - it has been documented over the past year that the sandwich signs did generate additional revenue -don't forget that if the business are doing better then more tax dollars are going to the town -they visit with the other Cape towns and everyone finds that sandwich signs work. The intent for the sandwich signs is to have consistent signs -bring some order to advertise for the business - it is effective for the businesses. They are as concerned about how the community looks and they feel that it is better to work with the business, the town and HDC to create a sign that will be accepted. Currently the town has a mixed sign policy - some look nice and some don't -some can be enforced and some can't. Hopes the town will support. Barnard: it was the Director of the Harwich Chamber of Commerce -this Board has not spent any time figuring out how it will be better for the business and the aesthetic of the town -what are alternative solutions that might be out there Bugle: 1 restaurant reported that when they put out a special dinner -they sell 35 dinners without the sign they only sell 7 Peter Johnson: thinks the Chamber has done their due diligence -the Board has not -this is a flawed article - it is a situation that is not going to change much over the next 6 months. The statement of distress may be overstated -can help this community by ensuring the Board has Fully addressed the issue -hopes the Board would reflect on that McMullen: this has been talked about for years - we try to go forward with it once and the town has shot it down if it is legal - have a session with the Chamber -let's give it a try Planning Board Meeting Page 5 of 11 04-28-10 Bugle: if we go forward given the consequences of this article -doesn't think this is a huge deal - if this turns into a disaster then the Board can address -Signs are going to be regulated, and attractive Uleshoeffer: just a point of order -this public hearing is going forward then it is going forward -your position is to support or not - it will happen whether it is going or not Bugle: hoping that the public will support this article Leven: this article would be effective as soon as the AG's office approves -this will still take time - HDC will have to approve McMullen: recommend the article to town Meeting -Taylor -second -Roll Vote - 4-2-0 Roll Call Vote: Robert Bugle: Aye John McMullen: Aye Robert Barnard No Elizabeth Taylor: Aye Amber Tubman No Richard Kuzman: Aye Bugle: so it is defeated. Taylor - no you have the majority. Bugle: oh, right - a simple majority is all you need to recommend -therefore is has passed Taylor: requested to set up work meetin~ls in order to discuss these issues and be ready. PUBLIC HEARING -Tree removal on a Scenic Roads: Tree Warden: Robert Bersin 1. Satucket Road -near intersection with Stony Brook Road Remove 1 - 14" Locust; Remove 1 - 11" Locust; Remove 1 - 4" Maple. Removal of these trees will improve sight distance for traffic leaving Stony Brook Road. 2. Stony Brook Road @Paines Creek Road Remove 1 - 2-1/4" Ailanthus; Remove 1 - 4" Ailanthus; Remove 1 -12" Ailanthus; Remove 1 - 4" Ailanthus; Remove 1 - 13" Ailanthus; Remove 1 - 18" Locust; Remove 1 - 16" Locust; Remove 1 -Double Cherry - 12" and 14". Removal of these trees will improve the sight distance at this intersection. The work also calls for the removal of brush and Ailanthus saplings from the improvement area. 3. Paines Creek Road @ Stony Brook Road Remove 1 - 26" Locust; Remove 1 - 14" Ailanthus; Remove 1 -12" Ailanthus; Remove 1 - 4" Ailanthus. Removal of these trees will improve the sight distance at this intersection. The work also calls for the removal of brush and Ailanthus saplings from the improvement area. 4. Paines Creek Road @ Route 6A Remove 1 -Double Poplar -18" and 22". This is a request by NStar to address a hazardous situation. The tree was topped 'several years ago and has grown back into the open wires. Present: Robert Bersin Bersin: provided an overview of the treys that would be removed. He started with #4 and the need to cut from a hazardous condition. Bugle noted about the changes across the street -Bersin noted that those trees that are marked are on Rte 6A and he has no control over them. Barnard: the suckers have grown up into the lines Taylor: are you cutting or replacing? Bersin -will cut down and replace with something. Barnard: glad to hear that we are replacing. Planning Board Meeting Page 6 of 11 04-28-10 Bersin: #3 - Paines Creek and Stony Brook -the roadway has to be closed and hot off the press are the plans that went to Mass Highway that shows the reroute of traffic -Stony Brook and~Paines Creek is going to be a difficult turn -the idea is to open up the intersection -there are a lot of trees that are going to be effected Taylor: when? Bersin -the work is going to be done in the fall. Taylor - if this was done at this time of year it would be disastrous due to the nesting Bersin -could clear some of the brush and improve the sight distance - the long term goal is to improve the intersection. Barnard: -reviewed those trees and they are pretty hacked up - it gets hacked up because of NStar being topped - we have to recognize that NStar is going to be hacking -then we need to understand that if we take a tree down then we plant a replacement in a smart way - On Scenic roads then let's replace on the side of the way that there are utilities and create acanopy -find the most appropriate place for them. Taylor: on the Locust is that the one that is dead? Or sight line? Bersin - it has holes in it and some sight line issues. Bugle: #2 Bersin: same discussion Bugle: are there 2 Cherry Trees? Bersin: they are falling over and it is in the way -maybe they could plant something on the person's property. Johnson: new couple owns the property and they only come up on the weekends Bugle: #1 Satucket Bersin: would like to take down the Locust trees to allow the mowers to cut the area and improve the sight distance Barnard: the trees come down for the maintenance? Bersin: y.'s Taylor: is there anyway to fix the NStar hacking? Bersin: NStar is coming back with a plan and they will comment. Taylor -can they make recommendations? Bersin within reason Barnard: should the Board's approval be contingent upon knowing what is going to be planted. McMullen: don't think it requires another hearing -felt that Bersin would make appropriate recommendations Bugle: HDC has some control Bersin: will have a recommendation Barnard: show something upfront - likes a canopy approach Bugle: any public input - no comment McMullen: any reason why HDC is not here Bugle: requested that Jayanne send HDC a copy of the proposed changes Taylor: Motion to approve the cutting schedule and request sketches on replacement -Seconded Tubman. Vote: All Aye. Informal Discussion: Town Sand and Gravel property shown on Assessor's Map 35; Robert Bersin, DPW Director Planning Board Meeting Page 7 of 11 04-28-10 Present: Robert Bersin, DPW Director Bersin: the engineer is putting together plans -there is a monitoring well out there -they have gone into the well and can't find any groundwater -they have gone down 45 feet and haven't found anything -should they dig a test well? Bugle: any comments from the Board Bersin: just trying to abide by the bylaw -not planning on working in the pit - he believes they are above 10 feet and wants to know what he should do Barnard: on the Vb'QRC -they are pushing the operators and want to make sure that the Town is doing what they need to Tubman: if you are doing test pits 10-15 feet then you're ok Bugle: the bylaw is 10 feet if you can prove that then it is ok Tubman - if you go down 20 feet then you know you have 10 feet to dig -give us a level you are comfortable with and then you are ok Taylor -this is not in the Zone 2 -not required to go to WQRC Bugle: fulfilled your obligation if you can prove you are above 10 feet. Bersin -they will determine what 10 feet below is Taylor: what are we using the pit for? Bersin: excess sand from the tennis courts - it is tough to get the trucks out of the Pit Bugle: The Board Agreed LEGAL HEARING -Corridor Overlay Protection District - COPD #2010-09 Applicant: Robert Evans, A & E Architects, Inc./Club Dry Dock -Owner: New England Fire Museum -Property is 1439 Main Street and shown on Assessors' Map 24; Parcel 1. The applicant purposes to change of use: gift shop to meeting house, add handicapped parking spaces (2) to rear of building and handicapped ramp. Present: Robert Evans, A&E Architect; William Murphy -Trustee of Club Dry Dock Evans: Provided an overview of the application and the plan. Club Dry Dock is anon-profit organization. He noted that the organization had been before the ZBA (#09-10) and received an approval. He discussed the requirements outlined in the zoning bylaw - a written narrative was provided with the application. They feel this application meets the Town Zon ng Bylaw and should be approved. Bugle: Read the Departmental Reviews and the questions brought forward. Opened to the Board. McMullen: Parking regulations say - 1 space for every 3 occupants? Don't most people drive by themselves? Evans - 60% drive by themselves Taylor: Had some questions about parking issues on the site. People are parking on Rte 6A -have you measured the parking lot? And are you planning to delineate the parking spaces? How are you addressing the no smoking ban? The noise issue -there are no meetings after 10pm? Planning Board Meeting Page 8 of 11 04-28-10 Murphy: There are "No Parking" signs on Rte 6A, the trustees have voted a smoking ban on the premises; there are no meetings after 10pm. Barnard: Hearing that there are parking issues -what is going to happen in the'summer when it gets busier? Murphy: The noon time meeting is the most attended meeting. Some people do park around back. Dry Dock is just the facilitator - it is a volunteer society. Bugle: Club Dry Dock literally provides a roof and the different g oups run each meeting. McMullen: The trees at the entrance - do they cause a sight line issue? Evans -doesn't think it is an issue. Bugle: Read in the letter from an abutter not in support of the application. And then made his comments: 1. parking needs to be delineated and defined. This would help to get the parking under control. 2. The 6A parking issue; 3. Any screening shielding your lot- some underbrush on the sides; suggested adding some evergreens or shielding on the sides to deter the light and sound. 4. parking spots - is there anyway to add any parking someplace else on the property? Murphy they rent only the "gift" shop portion of the property. 5. Don't really feel like you have a plan to handle the overflow of traffic. At the moment they have expanded the number of people attending and this will increase and or decrease. He would like to see them find 15-20 additional parking spaces to accommodate the increase attendance. McMullen: Drove up in there today - no other buildings are being used. He felt they should be able to negotiate some additional parking with the owners. Overflow parking doesn't have to be paved -grass is ok but needs to be delineated. Taylor: Had heard that the numbers of trustees has decreased -have they thought of looking at another location? Murphy: The tried to look at a church but they haven't found anything that works for their schedule Taylor: Delineate parking, show overflow parking and add some evergreens, encourage carpooling, pleased about the non-smoking ban. A noise bylaw -neighbors can call the police Leven: Noted the parking should be delineated; handicapped parking not sure if t-base is adequate; the noon hour people who are working will be replaced with vacationers Bugle: 10 x 20 parking spaces are required Barnard: The scheduling of your meetings is there an overlap? Only one meeting on Friday ends at 6pm and the next starts at 6:45 Dion Dugan: an abutter -unfortunate that Dry Dock can't find a better location that accommodates their needs. He would tike to see that the Board set a maximum number of attendees to accommodate the parking lot. You have a limited amount of parking -conservation area and the septic system. Doesn't think they should expand the parking - it should be kept to the number of spaces that are available. Amy Maloney: 1425 Main Street -abutter; the screening is a huge problem -smoking is occurring in the back of the building -the yellow light, the people are still parking on 6A - it doesn't look like a residential area. The noise -people show up early stay late; people leave their dogs in their cars; people are screaming in the parking lot -would like to see the organization in another location. Bugle: 7 am -7pm noise ordinance -the applicant must keep that in mind. Barnard: Seems like the neighbors aren't having a great experience out there -the applicant needs to be a good neighbor. Planning Board Meeting Page 9 of 11 04-28-10 Leven: The Board has the permission to condition the approval but can't deny the use because it is an allowed use. Bugle: If a neighbor is having zoning issues then notify the Planning Board clerk and or go direct to the Building Commissioner. Evans: In the Club Dry bylaws alcohol is strictly prohibited. Evans would like to see a copy of the complaints and let the trustees be notified and make decisions. Taylor: littering also is included -but could trash cans be put out front Murphy: Had not heard of these complaints or issues before and would be happy to address. They were unaware of any issues and this is good feedback for them McMullen: the ZBA gave them an approval -can the PB deny this approval. Leven: the COPD is designed to review an application to ensure that if this fits within the town's guidelines/environment. McMullen: would suggest that they continue the hearing in order for the applicant to address the parking, screening, noise, light. Leven: the Board is within their right to ask for a parking plan, landscape plan -something to address the concerns of the abutters. Evans: we are talking about human nature here and agreed Bugle: Requested that the applicant provide a landscape plan, additional parking - a plan on how disturbances, the noise the lights -you are in a residential neighborhood and something needs to be done to address this issue. McMullen: Motion to continue this until June 9'h Seconded by Barnard. Vote: All Aye LEGAL HEARING -Corridor Overlay Protection District - COPD #2010-10 Applicant: Emerald Physician Services, Inc. Owner: Worthy Ventures, LLC -Property is located 125 Underpass Road and shown on Assessors' Map 27; Parcel 15-2. The purpose of this application is to occupy an existing building for purpose of primary care medical practice. Typical hours to be weekdays 7:30 am - 5:30 pm. Present: Julie Bedeau; project manager; Richard Eble; owner of building Bedeau: provided an overview and added a change to the application -She noted that there would only be 2 part time practioners. No weekends Bugle: Read in the Department Reviews and then addressed some concerns. 1. The plan - an abutter notified him that there is a dumpster in the front on the plan and it is not on the plan -Owner; the plan shown was for parking. The dumpster is encroaching on the property line -the parking lots parked are not done to 10 x 20 they are 8 x 16. The plan needs to match what is actually out there. McMullen: if they can work out the BOH issues - he sees this as a positive use for the building. - 1 doctor, 1 medical assistance and administrative staff at a time. Barnard -agreed with McMullen Tubman - need a proper plan Planning Board Meeting Page 10 of 11 04-28-10 Bugle: need to take into consideration the apartment above -overflow parking? Need to have that incorporated into the application -concerned amount the volume of traffic at the location -Monday-Friday only Taylor: what are they required spaces? 4 spaces/800 SF -according to this plan 2100 SF total; 4 apartments - 1 /employees; 8 for the 2100 = 19 spaces??? Eble: set back on the road -how much is the set back from the road layout -can they move the dumpster? Bugle: any questions -they are bringing forward a new plan. Opened to the Public Ray Parks, an abutter: spent a lot of money to do the survey - cmcerned with the dumpster, parking spaces having enough setback; parking is approximately 2 feet from the setbacks and it is a little crowded for what they are proposing Bugle: need applicant to take this under advisement and come back to the Board McMullen: motioned to Continue to May 12, 2010. Seconded Tubman. All Aye. Other Business: - Referral to the Cape Cod Commission for an application for a definitive subdivision plan. Applicant: Peter Copelas; Property located in the South West Corner of Brewster off Slough Road on Assessor's Map 51, lots 3, 4, 5,47&74,9-11 Present: Dan Ojala Taylor: Motion to refer to Cape Cod Commission Seconded by Barnard All Aye Correspondence: Staley - Bayside Seafood Market -package license; Leven: the applicant has come to the Board and picked up applications to go to before the Board while they investigate their options. Correspondence: regarding Special Permit #2008-07; N&N Real Properties, Assessors Map 14 lot 50. Bugle: read in the letter from an abutter; didn't think anything ha~i changed Leven: some areas have changed; owner is still responsible for ~Jrainage off his property Bugle: drainage is running from all the roads McMullen: write a letter back to the Daley's - we are speaking to the owner and we are looking into the alternatives and will be back in touch. Ask Bob Bersin where the run off is coming from -check with Victor on enforcement - askthem for a high priority Correspondence: Merchant: Lot Releases for AP Newcomb Knolls subdivision Bugle: read in the letter from Merchant -are they prepared to release Taylor - request a condition of the road report from Bersin Leven: who will be at Town Meeting -just 3 members McMullen: Motioned to ad'ourn. Seconded b Tubman. All A e. `~~ J Y Y _ __ _ _ , _'_~ '!'_ ! ! _ _ _i`Fr' Respectfully submitted, n Mc ullen/Clerk Planning Board Meeting 04-28-10 Kelly l~~loor / dmmistrative Clerk Page 11 of 11