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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 July 14, 2010: Vote 7-0-0
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
REGULAR MEETING
Wednesday, June 23, 2010 at 6:30 P.M.
Brewster Town Office Building
Chairman Taylor convened the Planning Board meeting at 6:30 pm in the Brewster Town
Office Building with members Barnard, Kuzman, Collum and Leaning.
Absent: Bugle, McMullen
Also Present: Sue Leven, Town Planner
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 Dugans for conveyance purposes only. 6/18 APPLICANT
REQUESTED A CONTINUANCE
Taylor: Read the request for the continuance
Barnard: Motioned to approve continuance to the next Meeting on 07-14-10. Seconded
by Kuzman. All Aye
Leven: Provided an overview of why the ANR has been continued.
Other Business:
1. Review Meeting Minutes from March 10, 2010
Barnard: Motioned to approve the minutes as written. Seconded by Kuzman.
Vote: 3-0-2 (Collum, Leaning)
2. Review ZBA agenda for July, 2010
No comments; both agenda items are probably going to be continued.
Leven: provided an overview of both agenda items and why they may be continued.
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Action Items review:
1. Club Dry Dock:
Leven: provided an update on the Ctub Dry Dock Trustees meeting on June 15tH
Approximately 8 trustees were present along with 3 abutters. One trustee provided a
list of the trustees' contact information. They let the abutters know that they could call
them to report any situations on the property. Dion Dugan reported that he felt things
had somewhat improved over the past couple of weeks. Several people went out and
walked the property. The plan submitted had some inaccuracies in the parking lot
size. The lot is actually larger than what was on the plan. They reviewed the large
light out front and the trustees agreed to talk to NStar about replacing the fixture.
They walked over to a neighbor's property and noted that there was no trash. The
trustees agreed to put out a trash can in order to accommodate any outside trash.
Club Dry Dock is suppose to get a new plan to Ms. Leven next week. Was that
meeting supposed to be the neighbor meeting? Leven felt it was. She would confirm
with Bob Evans and see if they had been in contact with the direct abutter. Taylor felt
that the distribution of the list of phone numbers was a good step and any issues can
be addressed quickly. Leven: also if the neighbors keep a list then perhaps the
trustees can see a pattern. Leaning: noted that if Club Dry Dock was having any
problems with NStar to contact him - he might be able to help. Kuzman: What is
capacity? Leven: would confirm the number based on the lowest denominator (fire,
building).
2. Bayside -Taylor signed the decision and submitted to the Town Clerk.
3. Updated Open Meeting Law: a brief discussion occurred. Of particular interest
was that agendas had to be posted where they could be viewed 24 hours a day, and
the minutes will need to be available within 72 hours - in what ever shape they are in
(ie hand written notes), any complaints if there is an open meeting law violation go
directly to the source (ie Board) before the AG's office. Leven: has a detailed chart
regarding the changes - if a Board member would like a copy then feel free to check
with her. The minutes need to include detail and may need to have plans accessible.
Also, a reminder to be sure to not use reply to all on email.
4. Outstanding loose ends list: Barnard would like to have this list included:
DPW inspections: Leven: has an agreement with a private engineer to handle this
process. She needs to look into how this fee is going to be covered. Barnard: not
comfortable with the engineer reporting to Planning and not DPW. Leven: noted that
the engineer she is proposing is someone she can trust. Barnard: In other towns,
DPW insists that they are involved in the inspection. DPW can review plans.
5. Preliminary discussion: 2010 Planning goals:
Zoning is not planning. You do zoning to carry out a plan but not planning to justify
zoning. Leven provided an example of this - an area needs to be residential and so
let's change... no, you need to look at the area and see what is appropriate before
proposing new zoning.
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Leven and Taylor met and looked at Underpass Road and think it needs to be
reviewed more carefully. If the Board wanted to have mixed use on Underpass then
you need to look at each parcel and see what is there and what works and what
doesn't. Is there a way to push the zoning to make it work? 6A is another good
example - it is zoned primarily residential -would it make sense to change the zoning
along this stretch. Road Design; it is worth looking at various roads to see what
works and what doesn't based on data and what happens in other towns. Instead of
saying the 18 feet roads work. In Harwich, they wanted to allow accessory
apartments over retail space -they wrote a bylaw to make this happen but they forgot
to took at the parcels and this bylaw only works for a very few pieces of property in
the target area. It is important that there is something that drives the plan instead of it
being pushed. The local comprehensive-plan -the current plan is from 1970. There
was a rewrite done in 1997 done but it was never finalized. Some things in it should
be revisited, for example -the Economic Development section stated that economic
development is inappropriate and the town doesn't want business. Is that what the
Town wants now? For example Back Office in Harwich -nice business that
maintains property, provides decent paying jobs for people, frequents focal eateries.
The question becomes is that fully what people want. The Comprehensive Plan is
supposed to be what guides planning and zoning.
Barnard: which comes first -sounds like the Comprehensive Plan comes first.
Leven: the Plan needs a lot of work -would not recommend waiting for the Plan to
be finished because it is a long process - it would need to be reviewed by the
Commission and be approved at Town Meeting.
Barnard: wouldn't the plan reflect the leadership of the Town?
Leven: not just the leadership - it could be impacted by all the citizens. You post the
plan to the web and let the public review and provide input. She would like to cut up
what she currently has and give it to the various departments to review and provide
their expertise and input. There are other required elements to the plan and although
they are not required, public safety and schools should be included. Strong believer
in having a plan that has a history, shows the current conditions and forecasts the
future. Taylor: if the population shifts then what happens (ie if atl the seasonal
homes become year round).
Taylor: How do we approach the planning now?
Leven: We can start discussions -see you want (i.e. road width). In Harwich they
are redesigning the road on 137 from Harwich to Brewster? Why doesn't Brewster
want to participate? Didn't it go to Town Meeting 5 or 6 years ago? The Board
thought it had gone to Town Meeting and it had been shot down. However, now if
you had a plan and the thought was that Brewster wants to improve alternative
solutions for the health of the citizens. The adding of a sidewalk on 137 could be a
solution for this initiative.
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Barnard: Since we brought up roads -the approach to roads has to be what are you
doing for pedestrians bikes, drivers and then look at the road condition. Barnstable for
lots of less than 4 lots they can be narrower and in Harwich they don't have to be
paved. If we are dealing with a Zone 2 then the Planning Board should be able to
address differently than what the current bylaw states.
Leven: The current Rules and Regulations only deal with subdivisions -they don't
address clusters or the new NRPD bylaw. COPD also needs to be reviewed because
the applicant has to provide the information to both the DPRC and the Planning
Board. Leven has put together a draft that would rework the DPRC because it isn't
working the way it was established. Currently, applicants are going though the DPRC
at the same time as going to the planning board. Further, Leven felt that regulatory
board members shouldn't sit on the DPRC if they are going to be reviewing the
applicant later on. In other towns, they have a site plan review process that the
planner would sit down with the applicant and advise them on what needs to be done,
or the applicant would sit down woth several department heads at the same time to
discuss a proposal. The revising of the DPRC and the COPD would be a significant
change. This would have to be targeted for next spring.
Taylor: If we talked about Underpass Road -the Board has spoken over the years
about making it a mixed use area. Do we want to keep the zones as they currently
defined (i.e. industrial zone on top of our Zone 2 -Underpass VB, the land use vision
map -need to review and see if there are areas that we would want to allow different
thresholds).
Barnard: where do you get the consulting that says considering Mixed Use on
Underpass Road is a good change?
Leven: that is where you look at each parcel and then take alook - we have a GIS
map that can be overlayed on the properties and very easily you can see what is
happening. Then you can see what is there and then you decide what you want -
mixed use 2 story, 3 story, maybe all business are accessed on Underpass Road and
connected through one parking area.
Barnard: who is going to tell me that mixed use is better?
Leven: Not sure -maybe we hire a consultant that could review the impact of these
industrial business on the wetlands. Sometime during that process you may learn
exactly what you want to do in that area.
Leaning: what do you do if you decide that the industrial use is not to done in that
area?
Leven: If the point is to change the character on Underpass? For example there is a
sand pit there and it is currently not going anywhere - it can stay if that is the
character you want. If it exists and doesn't provide an impact then you change
zoning. If it isn't what you want to see then assuming the use is legal then it stays
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there until it is done. Otherwise it is a zoning violation and it is enforced. It is a lot of
study and a lot of discussion. Once you determine what is there -then you get a
bunch of people in the room that review and provide input.
Leaning: If the Board wanted to focus on Underpass Road - it is a smaller review
then how do we start?
Leven: variety of ways -She could make the maps and give teams of two Board
members an opportunity to see what is happening on the ground.
Taylor: Or can we back in based on our needs: housing -village business. And
perhaps that would require us to increase density.
Leven: Can Underpass be used for a village business/mixed use? Is that a good way
to put your toe in the water - after a year and a half this is the first conversation she
has had with the Planning Board relating to planning.
Taylor: maybe we need large maps to look at and start there.
Leven: Maybe a large map and everyone takes a highlighter and says what they
want in town.
Taylor: Felt that was a great way to get everyone's input and see where we are.
Barnard: that is where we need a consultant's help
Kuzman: no - a consultant/town planner would take our input and then go from there.
Leven: Zoning doesn't regulate "taste"
version of what you wanted.
It evolves into something that may be a
Barnard: make it a high density area?
Leven: maybe an assisted living facility?
Leaning: If that is something you really want to do then you need to see the impact
on the roads/pubic safety/schools.
Taylor: With essentially 3 new members on the board, she was curious as to why the
members joined the Board -was there something you had in mind when you joined.
Collum -this is exactly what he had in mind on why he joined the Board. He has
been taking some notes. Brewster is rural and he lives here and not in Dennis even
though everything is located in Dennis. He loves Brewster and they way is has
developed. Adding a traffic light is not something he would like to see.
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Leven: what creates a traffic light -intersections have to meet a State standard in
order to have a traffic light.
Leaning: Brewster is a bit removed and not easily accessible and not a draw for huge
development and that is what appeals to him.
Taylor: Has anyone seen what Harwich did at 124/Queen Ann? Is that something
that we could do when the state is working on Rte. 6A
Cotlum: Mentioning the Ice House -everyone says they are there and will always be
there -but on Underpass there are acres of land that can easily be changed if zoning
allows it. The population is going out of Brewster - it will change and it will start to
happen here. We need to allow for some of the change and not other changes. An
access road behind Underpass -might be interesting.
Leaning: Various degrees of interest have been expressed wants to know how we
get there. This is one of the big reasons he joined. How we can improve the town
and how the residents can use the town better. This is a good area to start.
Collum: Underpass Road -potential tax revenue -that could help the residents.
Leven: There are 15,000 SF legal lots on Underpass. That may need to be changed
because you can create a lot on only 15,000 SF. Residential rates do not support the
town the commercial taxes do.
Kuzman: Couple of concerns on why he joined. He wants to plan - he has a saying
"well begun is half done". Was concerned that the Comprehensive Plan was so
outdated. And that we don't have control over development. Would like to support
local business. We lack a town center. Another concern is what we put our town
residents through -there has to be a better way to treat people who are looking to
develop a property or open a business. A checklist would be great. The handbook is
great but the Board hasn't approved the handbook and the process.
Leven: She has a permit guidebook -perhaps that would be helpful for the Board to
review. It is a step by step book for the applicant. Leven is trying to make it more
functional.
Kuzman: would like to see all the applications in the handbook- with an explanation
on what it is and why.
Taylor: this is some of what we can discuss at the 6:30.
Leaning: Just want to piggyback on Rick's comments. Doesn't think it should be a
difficult process in establishing what the DPRC is doing. A checklist should be
available for the applicant.
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Leven: True, but there is a DPRC by-law written that address these issues. If
someone wants to be the person to read what she has drafted (Leaning volunteered
to review the draft) she welcomes the Board's involvement and she will support
anything the Board wants to do and only asks that the Board listens to her comments.
Barnard: To a great extent, he feels Brewster is defined by its roads. He recognizes
that the town needs to grow. There needs to be a balance on what we have here in
order to keep the character we have established.
Leven: Distributed a list of possible Zoning Articles for the Fall Town Meeting. The
following were discussed:
1. Several Housekeeping issues
2. Map change -fix an error
In addition, she provided a timeframe of what needs to happen to get a zoning bylaw
to town meeting in the ideal world. In addition, she highlighted her desire to have the
whole Board participate in Town Meeting instead of just the Chair. It makes the whole
board show their knowledge and be part of the process.
Taylor: Can Ms. Leven bring these housekeeping articles to the next meeting?
Leven: she will take the fence height size down to 6 feet - to streamline the process.
She will look at the Yankee Drive area and bring back a map.
Barnard: the loose ends and the timeframe - he would encourage work sessions -
would not like to focus on those sessions in the summer -but in the fall for the
Spring.
Leven: subcommittees and prior public input would help to expedite the process.
Taylor: can one meeting be a planning meeting and the other deaf with applications?
Sci: concerned that you may run into state regulations timeframes
Barnard: can we plan to be here until 9 -have the hearings upfront and then do the
planning at the end?
Collum: wants to focus on issues and get things done.
Barnard: Loose ends: Signs, accessory apartments, scenic roads, subdivision rules
and regs.
Leven: they are all on the "list"
- Any other business that may come before this Board.
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Action Items
Case #/Reference
Artinn
Revise Sign Review existing Sign bylaw Board and Target Fall Town
B law Planner Meetin
COPD#2010-09: 1. Meet with neighbors Applicant 1. Revised plan due
Club Dry Dock 2. Post larger signs regarding on June 30, 2010
policies 2. Hearing
3. Light on Pole Continued to July 14,
4. Submit revised site plan with 2010
the re uested chan es
COPD#2010-09: 1. Site Visit (meeting times Board 1. Board is invited -
Club Dry Dock lam, noon, 5pm, 6 or 7:30 pm) not a requirement
2. Planner to attend Trustee 2. Revised plan due
meeting on June 30, 2010
3. Submit revised parking plan
to Police/Fire
Def. Sub.#2010- 1. Determine Street Light req. Applicant 1. Information due
13 2. Documents require by July 7, 2010
Copelas (off Registered Landscape Architect 2. Hearing
Freemans Way) stamp Continued to July 14,
3. Address items in Article XI; 2010
Section 56-B-11 and 57-A
(Water Quality)
4. Address Cul-de-sac concern
with FD
5. Contact NHESP
COPD #2010-12 Decision to be signed and filed Elizabeth/ By June 16, 2010
Ba side Seafood with the Town Clerk Ja anne
Proposed Zoning Any Suggestions Board By June 17 in order
Changes to be discussed at
the next PB meetin .
Upcoming Meetings -Invitations were extended to the Board
Date Time
Meetin
These meetings are not required
Pur
June 15
6:30 pm
Club Dry Dock ose
Trustees Meeting
Location: 1439 Main Street
June 24 7:30am -gam Chamber of Commerce Signs: Design, Streetscapes
Location: Town Hall nd
B laws
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July 13 6:30 pm Club Dry Dock Trustees Meeting
Location: 1439 Main Street
Leaning: Motioned to adjourn at 9:10pm. Seconded by Barnard. All Aye.
Respectfully subm
for Department Assistant
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