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Date Approved: October 27, 2010 - - -
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
REGULAR MEETING
Wednesday, July 28, 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 McMullen, Barnard, Kuzman, Collum and Leaning. Bugle
arrived at 6:50 pm
Absent:
Also Present: Sue Leven, Town Planner; Greg Levasseur, Selectman
Other Business:
6:30 pm — 7:00 pm Preliminary discussion: 2010 Planning goals; review draft zoning
articles for Fall Town Meeting
Status on Comprehensive Plan — Leven would like to send out the plan to the appropriate
representatives and get their feedback. Infrastructure to DPW; BOH had their section and
the Chamber has a draft for their review. If the Board would like to review the plan at the
next meeting and just do a review of the Plan —the 1997 plan and Sue's update; maybe
add alternative energy or telecommunications. Taylor would like to get this through the
next possible town meeting.
Review draft zoning articles for Fall Town Meeting; Accessory Apartments, Political
Signs, Planned Residential Development, Manufacturing, Yankee Drive corrections
Taylor: a review of the status of the proposed draft bylaws.
Leven: there are 4-5 possible articles. The most complex is the article regarding rezoning
the Yankee Drive area. She explained the changes again: Any parcel that would be
affected would be notified of this change for the public hearing.
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Manufacturing: Leven noted that the concern at the last meeting was regarding the height
of the fence and height to suitable screening. Change is to 6 feet and suitable height to
provide screening.
Definitions (Accessory Apartments) and Planned Residential Development are purely
housekeeping articles.
Political signs another housekeeping article
Definitions under Home Occupation: Leven had requested comments from the Board
prior to the meeting but had not received anything. The proposed article clarifies the
definitions that are not currently defined in the bylaws. Leven took a stab at the
definitions. A discussion and additional modifications were made. .
Motion by Leaning that the first 4 articles are ready and need to be referred to the BOS
who will send them back to the Planning Board for a Public Hearing. Seconded by
Barnard. Vote: All Aye.
Taylor -another sign meeting with the Chamber? Leven, yes Kyle Hinkle from the
Chamber will want to meet with the Board.
Follow-up discussion on Wind Turbines
Question related to the fall zone on the property. The Board can condition the permit to
allow for the fall zone.
CONTINUED 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 a change of use: gift shop to meeting
space, add handicapped parking spaces (2) to rear of building and handicapped
ramp. -REVIEW DRAFT DECISION .
Present: Mr. Evans, Mr. Murphy, trustees for Dry Dock
Evans: They have reviewed the decision and they don't have any problem with the
conditions.
Taylor: Has the Board read the special conditions?
Murphy: Regarding the streetlight. The status is that NStar got back to the trustees and
Republic is responsible. Republic said that and they said the DPW is responsible. Spoke
with Bob Bersin and he will go out and look at it.
Changes were requested: #10 applicant shall work with the Town of Brewster DPW ; #13
voices
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Evans: met with the Building Commissioner and they are submitting their applications for
the Building.
Taylor: any other comments from the Board?
Kuzman: questioned the no parking signs out front and apparently those are town signs.
Taylor: any other comments from the Board? No
Barnard: should we acknowledge the letter from town counsel?
Leven: the letter was written 4 years ago but is relevant to this application
Kuzman: Motion to approve the application and the written decision as modified.
Seconded by Barnard. Vote: 4-0-3 (Bugle, Collom, Leaning) Leven: pointed out that the
abstain will cause this to be a legal issue -need 5 votes to approve the application.
McMullen: on the fence here is that the function of the Board is to determine whether or
not the use
Leven: this is not about the use.
McMullen: the Board is supposed to determine if it fits in the character in Town.
Leven: no the Board considers the parking, landscape, the lighting, to make it better fit
within the neighborhood. The use is protected under Chapter 40A Section 3.
McMullen: believes in what they do but the location is not right. He is torn and still has a
lot of problems. This not a church, they are not going to do anything to the outside of the
building, it is a residential neighborhood...itwas afire museum but not sure he agrees with
it. '
Leven: If that is your issue then it is something that needs to be brought up with the State.
Taylor: if someone wants to open a church there then they would be protected in the
same manner.
Barnard: in reading town counsel's report, if one wants to take a stand on the character
then you need to take it up a notch. From his reading it would be unlawful to deny this
permit.
Taylor: When the Church came before the Board before they could only deal with parking
and lighting.
Barnard: is there any other case work that might alter the opinion from town counsel.
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Leven: when she brought this up to town counsel -they said this was what they would
write up now.
Bugle: first when it comes to zoning -zoning is not a static element - it changes on a
daily basis - if it goes to court then they can make a decision that something is not right.
The courts can look to see if something needs to be changed when something is wrong.
The cottages have been changed to permanent homes...the board is charged with what is
happening on 6A and the Board needs to look out for what happens on 6A.
McMullen: this is only one building on a complex and it might hold a different situation on
a legal basis. Are you saying that you will support the permit -- will probably support but
let me vote last. Bad for the area and the characteristics of Brewster.
Bugle: if he votes yes, he has seen cases upheld the Board's decision.
Taylor: we could deal with other buildings when they come up.
Leven: Board could have counsel come and discuss at the next -the applicant could
withdraw and come back
Barnard: what argument would you want to use?
Bugle: Inappropriate use on the property.
Shepherd: an attorney for Club Dry Dock -used to live in Brewster now lives in Orleans -
AA knows no boundaries seems that this is an appropriate location because of its
residential neighborhood and the problem they address. This is a need for the residents
of Brewster. They should not be put in back, people need access to the location (bikes,
walking).
Leven: this is purely a legal matter -this is a protected use
Murphy: met with Mr. Staley and discussed the code and the need to bring the building
into compliance
Taylor: needs to find out if they have 5 votes
Bugle: knows what this means first hand and McMullen doesn't want to hold them up
longer -the majority wants to see this -will vote for it
Dugan: point of order -the discussion was opened for comment and requested a letter to
be read. A letter from Dion Duggan with concerns outlined was read.
VOTE: ALL Aye; 5-0-2 (Collum, Leaning)
Leven: requested a copy of the Trustees contact list and the police department has the
list as well.
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CONTINUED LEGAL HEARING -Definitive Subdivision #2010-13 Applicant: Peter
Copelas -Property is located on vacant wooded land south of Freeman's way, east
of William Maker Way, west of Cove Road and shown on Assessors' Map 42;
Parcels 66 & 67 and on Map 47; Parcel 37. The purpose of this application is to
subdivide the current 3 lots into 9 lots. REVIEW DRAFT DECISION
Present: Dan Ojala
Taylor: recused herself and stepped out of the room.
Kuzman became the acting Chair and convened the hearing: Last hearing the Board left
a few open items; 1. Article 11 the water quality issue; 2. the National Heritage and
Endangered Species Program information
Ojala: MESA checklist is here and could be provided - It has been filed expect decision
on that within 60 days. Water Quality -more or less positive; nitrogen calculations were
submitted and the numbers were low. They revised the plans for the narrower road - 20
foot width with 1 foot berms. Also provided a conceptual landscape plan.
Leven: note for the Board that the Commission has reviewed the nitrogen figures and
signed off on them. We did not get the new layout until this morning and DPW has not
had a chance to review. If the Board wanted to conditia~n the decision that would be ok.
She also checked with DWP and they said they would plow the road.
Kuzman: Specifically addressing the decision -any questions on the decision?
Modifications were made.
Abutter: wondered if the Board was going to require the applicant provide clear title to the
property.
Leven: town counsel said the information provided was ok.
Abutter: attorney for Mr. Murray: believes that there is a discrepancy on the boundaries
and -never received notification of the notice
Ojala: is aware of these concerns but doesn't think it is something that the Board should
address.
Abutter: Would be disappointed that the Town does not require a confirmation of
ownership.
Barnard: Understands the information that is provided and it suggests that Copelas owns
the property - if someone stood up to present a legal argument against this then he would
be open to hearing.
Leven: this Board does not get to rule on the ownership -this is a land court~issue.
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Kuzman: the Murray's could follow up
Bugle: is there going to be a disposition on this property?
Leven: is not aware of anything going on for this parcel
Copelas: no discussions on this
Ojala: the town will be gifted the open space
Abutter: she knows it is not the Board's decision to prove title but you do have the right to
require it. Has the town required documentation? The town has received documentation
- town counsel has ruled that what has been provided is sufficient.
Kuzman: asked the Board if they accepted the documentation provided.
Abutter: what exactly was provided
Leven -three deeds -the information is public and anyone can review
Bugle: 3 deeds were provided at the time - he said he was legally responsible for those
properties. If there is a challenge in particular to a title the Board is only required to have
sufficient evidence.
McMullen: Motion to accept the draft as amended. Seconded by Collum. Discussion:
why are we conditioning DPW? Leven: just to make sure the plan is done correctly:
VOTE: 6-0-0
McMullen: Motion to approve the definitive. Seconded by Barnard: Vote: 6-0-0
Bugle left at 8:25 pm
Informal Discussion -Guiliano: possible 90 foot Wind Turbine
Present: John and Karri Guilano
Guilano: reviewed the information presented
Taylor: any questions from the Town Planner
Leven: not anything from her first run through it
Leaning: fall zone?
Leven: correct the fall zone on the site plan
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Taylor: is the narrative ok? - color ok -noise -addressed; visibility -take pictures to show the
look; any other questions.
Leaning: provide back up as to the noise standards
Leven: DPRC needs to happen before the legal hearing -you can submit the applications but
can't have the legal hearing until that happens.
Guilano: will get the additional information to the Board.
Leven: willing to sit with the applicant and review -asked the Board to hold onto the
applications before them -additional information will be presented for the legal hearing.
Correspondence: Letter from Building Commissioner regarding ladder signs
Present: Terry Halvorson; currently "owns" the ladder ;signs on Underpass Road as well as
several others. Is interested in getting some assistance from the Board regarding the future of
the signs. Will work with the Town Planner and come back to the Board as work progresses.
CONTINUED LEGAL HEARING for- Personal Wireless Services Communication
Facilities Special Permit #2010-15. Applicant: WOMR 92.1 FM; Owner: SBA Towers II,
LLC. -Property Located at 4053 Main Street; Assessors' Map 30; Parcel 18. Proposal to
remove the existing triangular antenna mounting frame at the 280' level and replace it with a
10' long antenna REVIEW DRAFT DECISION
Motion by McMullen, seconded by Kuzman to accept the draft decision and approve the
Special Permit. All aye.
CONTINUED LEGAL HEARING -Corridor Overlay Protection District - COPD #2010-
16Applicant: EI Guapos Taqueria; Owner: Kyle Parker -Property is 239 Underpass
Road and shown on Assessors' Map 27; Parcel 2003. The applicant proposes expand the
parking area adding approximately 6parking spaces. REVIEW DRAFT DECISION
Motion by McMullen, seconded by Barnard to accept the draft decision and approve the
Special Permit. All aye.
Other Business -continued:
- Harrison Hill discussion -The Board reviewed the information provided by the Town
Planner. Several Selectmen had met with abutters from the neighborhood and said that they
would ask the Planning Board if they (the Selectmen) could pursue calling the bond. The Board
discussed the request and voted to leave the bond as is.
Respectfully submitted,
John Leaning/Clerk Ja nne ci/Sr. Depart ent Assistant
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