HomeMy Public PortalAboutPlanning Board -- 2010-05-26 Minutes~`
~~~~~~~~~Q• FtE W s-•~~.~//iii
~ ~~
,~, .<.r.
:~:
~,
~ 'Y~
--- ~-~,
~: ~.
~.~
F-•
tin
~._ ~ Brewster Planning Board
cc. •r-a 2198 Main StrPat
.2 `'tee Fir 3,
`"a~
3~` - a~D
,.~ _-~.
zk ,;
Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 133
FAX (508) 896-8089
Date Approved as written July 14, 2010; Vote: 7-0-0
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
REGULAR MEETING
Wednesday, May 26, 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 Taylor, Barnard, Kuzman, McMullen, Collum and Leaning.
Also Present: Sue Leven, Town Planner
Welcome 2 new members: Bugle welcomed Scott Collum and John Leaning
Reorganization of Board:
Bugle: Opened the floor to nominations
Barnard: Suggested that the position of Chair rotate through the members every year
Kuzman: supported the idea - if there were viable candidates.
McMullen: no objections - in the past the Chairman stayed consistent over the years.
Barnard: felt different people brought different skills
All Board members agreed.
Kuzman: who is qualified to be the Chair? Barnard suggested Elizabeth Taylor, he didn't think
he had been on the board long enough to be the Chair.
Barnard: Motioned to nominate Elizabeth Taylor. Seconded by Leaning. Discussion: different
people have different skills -her involvement in many different committees would help, and a
solid background and could lead the new members.
Collum: motioned to nominate Bob Bugle. Seconded by McMullen. Move that the nominations
be closed. Seconded by Barnard.
Barnard: Requested that we do written ballots.
Written ballots were distributed and the results were read. The votes were as follows: Bugle: 3;
Taylor: 4. Taylor receives the majority and therefore has become the new Chair of the Planning
Board. Taylor convened the meeting.
Taylor: Nominated Rick Kuzman as the vice-chairman: Seconded Barnard. No other
nominations. All Aye
Planning Board Meeting Page 1 of 9
05-26-10
Barnard: nominated John Leaning as Clerk; Seconded by McMullen. No other nominations. All
Aye.
Informal Discussion: Marsden Lot -Assessors Map 29, lot 22-2 -Request from the Building
Commissioner for clarification of Zoning Bylaw Section 26-A.
Attorney Ben Zehnder and Robert Marsden present; Victor Staley, Building Commissioner
Staley: provided an overview of the question at hand -would like to have a clarification on the
current status of the property.
Zehnder: Provided a copy of the plans from 1969. In 1973 the Town adopted a bylaw on what it
requires in order to make a "way". He then pointed out the fact that the lot was created before
the new bylaw and based on legal case it says that if the lot was created before the bylaw then it
is grandfathered and is still considered a buildable lot. Mr. Zehnder noted that when the
subdivision was created they moved the road way but the lot itself has not changed and it should
be still considered a buildable lot.
Taylor: any questions from the Board?
Bugle: did that property met all the requirements prior to the subdivision. That road is still a
paper road? How was it removed as a paper road?
Staley - he assumed that the lots met the requirements- it was a "way" in existence
Leaning: the road is still used by the lots behind? Also, questioned the letter submitted
regarding the ANR.
Staley: noted that the Board endorsed the plan because it was an ANR (approval not required).
Leaning: In 1969, the lot met the zoning requirements? Staley: yes
Zehnder: The nature of the road is considered an ancient way, his client owns to the center line
and the association owns the other half of the road to the center of the line.
Taylor: The issue is that the property is on a dirt road so does this open the door for other
properties?
Staley: If they have physical access to the dirt road then the Planning Board would be obligated
to issue a special permit under the "dirt road" by-law. However because the lot has an ANR that
has been recorded prior to the by-law then he feels that it doesn't open any other doors.
Taylor: if the Board made a decision and that decision is now being questioned then she would
like to have town counsel's opinion or the applicant can go to the Zoning Board of Appeals.
Planning Board Meeting Page 2 of 9
05-26-10
Kuzman: It appears that the Board was trying to protect the property owner and doesn't think it
should be held against these owners.
Zehnder: yes, but what the Board wants to be careful of is to protect the integrity of the by-law
and not set a standard that can't be upheld.
Taylor: Other comments from Board members?
Barnard: liked to get a note to town counsel and have the board review their opinion
Taylor: requested that Sue Leven send off the request to town counsel
Marsden: made a comment on "green" space.
Staley: can town counsel opinion go to Marsden as well as the planning board
Barnard: Motioned to send to town counsel and discuss the results on the 9th. Seconded by
Leaning.
Zehnder: trying to simplify - if you go with town counsel's opinion then ok. If town counsel said
no then he would go to ZBA.
Leaning: Amend the motion to send to town counsel and the results go to building
commissioner. Seconded by Barnard. Vote: All Aye (7-0-0)
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. 5/21 APPLICANT REQUESTED A CONTINUANCE
Taylor: Read the request for the continuance
Barnard: Motioned to approve continuance to the next Meeting on 06-09-10. Seconded by
McMullen. All Aye
CONTINUED 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. REVIEW DECISION
Present: Mike Gilmore
Planning Board Meeting Page 3 of 9
05-26-10
Taylor: reviewed the revised plan and the decision. Opened to the board.
Barnard: The decision looked like it covered all the points they discussed at the last meeting.
McMullen: felt they met the requirements of a special permit.
Barnard: Motioned to approve the decision as written. Seconded by McMullen. Vote: 5-0-2
(abstained Collum, Leaning)
Chairman Taylor opened this public hearing May 26, 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. She 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.
LEGAL HEARING -Corridor Overlay Protection District - COPD #2010-12 Applicant:
Bayside Seafood and Market, LLC; Owner: Cathy & Todd Hoyt -Property is 2740 Main Street
and shown on Assessors' Map 14; Parcel 61-1. The applicant proposes to modify special
permit #2005-07 to allow applicant to apply for a package store license.
Present: Attorney Ben Zehnder; Applicant: Cathy Hoyt
McMullen: disclosed that he is a property manager - no financial interest, is not an abutter nor
an abutter to an abutter - in the initial hearing he had recused himself because Cathy and
Todd were recently his tenants - it has been some time and feels there is not a conflict.
Taylor: asked if there were any questions with the disclosure - no comments were received.
Zehnder: provided a brief overview of the history of the applicant before the Board. He then
opened the floor to Cathy Hoyt.
Hoyt: provided an overview of the business. They have found that their clients are requesting
a one stop shop that contained beer and wine. They would like to be able to offer these
products just like Ferretti's Market. Bayside would provide only a hand selected limited area for
beer and wine.
Zehnder: The state requires you to wait 2 years following adenial -they have done that. One
of the concerns the Board had in denying this in the past was traffic driven. This has not been
an issue over the past 4 years and the applicant doesn't think there will be any additional
impact the traffic on 6A. Another concern the Board had was that this would become a
tavern/lounge. This applicant is not asking to consume alcohol on premises. People can't
consume on the premises and it would not be a tavern. The BOS did approve the liquor
license conditioned upon the applicant coming before this Board. Another concern was from
the Chief of Police - a crosswalk to no where, and multiple licenses. Mr. Zehnder has spoken
with Chief Koch and these issues are no longer a concern. The crosswalk and sidewalks have
been put in. The Board can amend a permit at anytime. In light of the usage and the past
history of the applicant the Board can approve the permit. A condition that was listed in the
Planning Board Meeting Page 4 of 9
05-26-10
permit required that all deliveries would be via a box truck. The applicant is not requesting
waiver on this condition. They understand that if they were to deviate from this then they would
be back before the Board
A list of the importers that will be making deliveries was provided for the record.
Hoyt: Frankly, they are at a point that they need to find additional revenue in order to stay in
business.
Barnard: what is the Board being asked?
Zehnder: Could condition to a limited space size to self the beer/wine
Bugle: Part of the original condition they were turned down was that it was a part of the original
decision that no liquor would be sold.
Kuzman: Supports the idea and thought it would help with their business
McMullen: Concerned about the deliveries entering the premises and the turning room
Hoyt: They have not had an issue with deliveries in the past 4 years
Collum: question regarding the license...is it just beer/wine? Yes
Leven: There are a variety of ways to get deliveries -the Board could condition based on only
certain size vehicles to the property
Barnard: According to the site plane the width is 83 feet at the area where the driveway meets
the street.
Taylor: Read in the department reviews. With the addition of BOH late email that stated - no
comment -any other comments from the Board? No Comments. Opened to public comment.
Barber, an abutter: he was concerned about the delivery method and the fact that all deliveries
would be made by box trucks?
Ed Lewis: The town needs to look at everyone on a level playing field. This is a nice business
and Brewster needs to support our businesses. They are going to be restricted in the amount
of space and would like to support them.
Peter Johnson: In support o~f this business. He was driving down 6A and was behind a large
box truck and it wasn't a concern.
Barber: Is this legal and how it is going to improve their business? What about my business
and how it is going to impact him negatively.
Planning Board Meeting Page 5 of 9
05-26-10
Leven: The COPD modification decision should be based on the layout of the site. However,
the original decision contained language about the business which this board really does not
have the authority to decide.
McMullen: His concern was getting into the parking lot and getting out of the lot. Traffic on 6A
was his concern.
Leaning: Not sure if adding beer/wine to their business would impact the traffic
Zehnder: the issue now seems to be the type of truck -but this board has already conditioned
the deliveries to be box truck. The applicant is not asking to have this modified.
Hoyt: They can request a time for their deliveries and the companies try to comply but it is not
always in their control.
Leven: There are towns on the cape that can restrict the time for deliveries. Many businesses
can restrict deliveries between 11-1.
Barber: Did not feel that you could control the delivery times.
Barnard: Are we blowing this out of proportion -the entrance is large enough. There haven't
been any issues over the past 4 years.
Taylor: any other comments from the Board?
Bugle: There was also a concern that this location was within 500 feet of another package
store. Is that allowed by the state? Taylor: that is not in our bylaws and not for us to decide.
Leaning: Sympathized with Mr. Barber but on the other hand he doesn't want to stand in the
way of someone making a living.
Barnard: would not want this location to become abeer/wine super store -can we make a
size limit as part of the decision?
Leven: You would probably want to stay away from that because it would be impossible to
enforce.
Zehnder: would like to poll the Board to see where they stand.
Taylor: a poll of the Board was requested: All support except Bugle abstained.
Barnard: Motioned to close to public hearing. Seconded by Leaning. All aye.
Barnard: Would like the decision to be conditioned for no consumption on the premises of beer
and wine and the sale of alcohol is to be sold within the existing structure. Should the applicant
wish to expand the size of the building then they would be required to return to the Planning
Planning Board Meeting Page 6 of 9
05-26-10
Board to modify their special permit. If traffic becomes a problem then the applicant would
need to come back before the Board.
Kuzman: Motioned to draft the decision with the conditions outlined and review at the next
meeting. Seconded by Barnard. Vote: 6-0-1 (Bugle abstained).
Application for Endorsement of Plan Believed not to Require Approval -ANR#2010-14
Applicant: Caroline Trickey; Owner: Caroline Trickey & Sarah Adelaide Walker -Property is
located 40 Run Hill Road and shown on Assessors' Map 36; Parcel 18-1. The purpose of this
plan is to create a .43 acre parcel (unbuildable) to be conveyed to the Brewster Conservation
Trust.
Present: Peter Soule
Taylor: noted that she was a member of the Trust, recused herself and left the room; Kuzman,
Vice Chair, then ran the meeting.
Soule: Provided an overview of the ANR. Felt he had a winning plan for the Town. The
conservation trust initiated this request. The ANR would convey Parcel A to the trust so that
people could walk through the land and get to the "fishing rock"
Kuzman: any comments from the Board?
Bugle: stating that the public is using this but why isn't this conveyed through CPA - to take
ownership. Is this public access then could we put something on the plan.
Soule: Didn't think it was part of the ANR plan but it would be convened in the deed.
Leven: When the trust takes it over then the no trespassing sign would be removed -correct?
Johnson: Goal is for public access
Soule: pointed out that the plan was being prepared for the citizens' benefit and therefore they
would like to have the fee waived. The Board informed Mr. Soule that he would need to
request that through the Selectmen's office. Once they had that they would release the Mylar.
Barnard: Motioned to endorse the plan. Seconded by Leaning. Vote; All Aye (7-0-0).
Other Business:
1. Sign lot release request from Jay Merchant for the Newcomb Knolls subdivision
The release of covenant was signed. A question regarding the need for a maintenance bond arose.
Leven: suggested that Jayanne review the other road maintenance bonds and see if we are
holding any lots for other subdivisions.
Planning Board Meeting Page 7 of 9
05-26-10
2. Review outstanding Performance Bonds: The Board received a response from DPW
regarding the fact that they don't have the manpower to do the report. Requested that Bob Bersin
address at his earliest convenience. Leven: wondered if the rules and regulations addressed the
fee? She would check with other towns to see how they address.
3. Definitive Plan application fee: how has the Board addressed in the past. For the last plan,
the board charged both a definitive plan fee and a cluster plan fee. Then they should stay
consistent and request the additional fee from Peter Copelas.
4. ZBA Agenda: no comments
5. Planning:
Taylor: a few years ago a subcommittee got together with other departments to see what issues
are coming up. Also, she would like to discuss planning 2010 -the sign bylaw; scenic roads. The
Board should set aside time at the next meeting to see what needs to be addressed.
Barnard: wondered if it would be appropriate to have the agenda items listed by time to keep the
meeting moving
Leven: if you put a time stamp on it then you are restricted and need to hold the hearing at that
time or later
Johnson: requested that as a courtesy to the public the Board set the agenda to hold the legal
hearings upfront
Leven: Pointed out the new binders were made available for the Board. She highlighted some of
the information that was included.
McMullen: would like to go through the use regulations and have it updated. Should it be by
committee or the whole board? He suggested that maybe assign 2-3 people to work on it and have
them come back to the Board with their modifications? Also need to address who represents the
Board on other committees.
Leven: Noted that she had started working on the use table -she is also looking at parking and
would be happy to work with anyone. Bugle and McMullen agreed to help.
Barnard: would like to address widths of road. Cape Cod Commission would be willing address
this issue if everyone is in agreement.
Taylor: Local Comprehensive Plan committee -everyone is assigned to that right now. Leven has
updated the 1997 editions and has updated draft. She has sent it out to other groups for their
review. Would like to get it going.
Other Committees:
McMullen would stay on DPRC
Taylor: agreed to stay on her committees
Planning Board Meeting Page 8 of 9
05-26-10
Taylor: would anyone like to go to the ZBA meetings? Collum agreed. It was noted that the ZBA
only met once a month on the second Tuesday of the month.
McMullen: Motioned to adjourn. Seconded by Barnard. All Aye.
Respectfully submitted,
c
John eaning/Clerk
J y ne ci/Administ tive Clerk
Planning Board Meeting Page 9 of 9
05-26-10