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Home My Public Portal AboutPlanning Board -- 2010-08-25 MinutesTaylor: We were talking about Underpass Road perhaps the solution there can be applied to Tower Hill. Perhaps a mixed use zone is what might be the solution. Barnard: Glad to see public input. He was concerned with a broad change and glad for the input. He felt we could not act for the fall town meeting. Motioned to remove this article from the Fall Town Meeting in order to allow the Board to discuss further. Seconded by Bugle. Discussion: Collum. Agreed and wanted to make sure it would clean up the zoning but would not harm anyone's property values. Leven: What prompted this is a resident came to the BOA for an accessory apartment -they ended up coming back 3 times -they were in a commercial district but they have house. We are unsure how to they got a house and/or how they could have an apartment accessory to a residential use in a commercial zone. That was how this whole article got started. Further, she pointed out that the Town is granting business licenses before the business goes to the Planning Board. A lot is grandfathered from zoning only if they have gone before DPRC and the Board....a business license doesn't grandfather from zoning. Lewis: He doesn't have a license now. But since he will stay non-conforming so why is the town investing money or time on this issue. Leven: Because for any residential use in the area if a person wants to make a change to their property then they have to go to ZBA. Leaning: The Board is not out to make someone's life more difficult. They want to make more sense for what is going on in the area. Leven: The commercial uses that need to come before the Board still need to come before the Board. Vote: All Aye 2. ZONING BYLAW AMENDMENT/MANUFACTURING ARTICLE NO. ##: To see if the Town will vote to amend the Town of Brewster Zoning By- laws Section 179-40 (Manufacturing), E, as follows (italicized text is deleted, underlined text is new): All materials shall be stored within a completely enclosed building or within an outside area completely enclosed by a fence and gates, all at least eight a maximum of six feet in height and of suitable material and height to provide sufficient screening. So that it reads: All materials shall be stored within a completely enclosed building or within an outside area completely enclosed by a fence and gates, all a maximum of six feet in height and of suitable material and height to provide sufficient screening. Taylor: Any comments from the board? Planning Board Meeting Page 3 of 8 08-25-10 Collum: A maximum of 6 feet is incorrect -would like it to be higher if necessary in order to screen properly. If you make it a maximum then I can't put in a fence higher than 6 feet. Leven: Anything over 6 feet you have to go to BOA Collum: Concerned about the whole area be screened -could it be rewritten to say "screening from the street and neighbors"? Couldn't you have a chain link fence on the back area? Barnard: What about saying a minimum of 6 feet? Leven: Suggested taking the idea of height out of the equation McMullen: The height issue was triggered by the 8 foot designation in the original bylaw - reduce to 6 or take out the height works for him and you don't have to go through ZBA. Taylor: Need to have suitable screening Taylor: Opened to the Public. No comment. Barnard: Motion to recommend to town meeting as amended: All materials shall be stored within a completely enclosed building or within an outside area completely enclosed by a fence and gates, of suitable material and height to provide sufficient screening. Seconded by Bugle. Vote: All Aye. 3. ZONING BYLAW AMENDMENT/DEFINITION ARTICLE NO. ##: To see if the Town will vote to amend the Town of Brewster Zoning By- laws Section 179-2 (Definitions) by amending the definition of Dwelling, One Family with Accessory Apartment as follows: At the end of the definition, delete the words "or to take any other action relative thereto." Taylor: Opened to the Board. No comments. Opened to the Public. No Comments. Leaning: Motioned to recommend to town meeting as written. Seconded by Bugle. Vote: All Aye. 4. ZONING BYLAW AMENDMENT/PLANNED RESIDENTIAL DEVELOPMENT ARTICLE NO. ##: To see if the Town will vote to amend the Town of Brewster Zoning By- laws Section 179-36 (Planned Residential Development), C, (2), (i), [1], [d] as follows (italicized text is deleted): Copies of the report shall be available to the Cape C;~od Planning and Economic Development Commission and the Brewster Water Quality Review Committee. So that it reads: Copies of the report shall be available to the Cape Cod Commission and the Brewster Water Quality Review Committee. Planning Board Meeting Page 4 of 8 08-25-10 Taylor: Opened to the Board. No comments. Opened to the Public. No Comments. Barnard: Motioned to recommend to town meeting as written. Seconded by Leaning. Vote: All Aye 5. ZONING BYLAW AMENDMENT/POLITICAL SIGNS ARTICLE NO. ##: To see if the Town will vote to amend the Town of Brewster Zoning By- laws Section 179-20.5 (Regulations for specific types of signs), D (Political signs) as follows (Bold italicized text is deleted): Political signs. Political signs are permitted in all districts on private property with the approval of the property owner and shall not-exceed four square feet in area impede sight distances for pedestrians, vehicles or bicyclists, and shall be removed within seven days of the event to which it refers. (No permit required.) So that it reads: Political signs. Political signs are permitted in all districts on private property with the approval of the property owner and shall not impede sight distances for pedestrians, vehicles or bicyclists, and shall be removed within seven days of the event to which it refers. (No permit required.) Taylor: Opened to the Board. McMullen: up by the Sagamore Bridge -that is an allowed use? That doesn't make sense Barnard: Since it doesn't mention a start date then the sign could go up way before the election. Bugle: It is left open ended by the state - It says within a reasonable time before the election. Taylor: Opened to the Public. No Comments. McMullen: Motioned to recommend to town meeting as written. Seconded by Barnard. Vote: All Aye Other Business: Leven: Presented a memo from the Frains. They have a lot on Tamer Land that was part of a subdivision that included transition zones and forever wild areas and a designated house location. The Frain's are interested in adjusting the placement of the home. They would swap equal amounts of open space. Wanted to know how the Frains need to proceed. Can they just obtain a letter from the Board allowing the alteration? The recorded plan doesn't show the building foot print area. Bugle: If he remembers correctly, the Board established where these building areas would be and the amount of open space but felt there was some leeway and it should be a simple change for the Board. Leven: Since they are not changing the lot lines they felt it didn't need to be a public hearing. Taylor: Anything else needed from the Frains? Planning Board Meeting Page 5 of 8 08-25-10 Leven: Have them calculate the exact areas and then that can be filed with the Board and you can approve and it can be filed with the registry. Barnard: Are there any buffer zones/conservation issues? Frains: No conservation issues Bill Frain: Wants to be clear on what they need to do next? The drawing the Board has now is just based on his wife's calculations. They will end up with the same amount of space for the building envelope. Taylor: We will provide a letter detailing what they need to do Leven: Provide a plan showing what is being moved. They do not need to resurvey because you aren't changing any lot lines. Taylor: be sure the revised plan shows all the swapping and what is forever wild, the building envelope. Would like Sue to draft a letter to be reviewed at the next meeting. Leven: Both the letter and the plan need to be refiled. You can continue with the process of obtaining your building permit. Leaning: Motion to have Leven draft a letter that acknowledges the movement of the building envelope and an equal swap of open space. Seconded by Collum. Vote: All Aye. 6. ZONING BYLAW AMENDMENT/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. BAKERY - An establishment primarily engaged in the preparation and wholesale and/or retail sale of baked products for consumption off-site. Such use may include incidental food service. A bakery where all products are prepared off-site shall be considered a general retail use. 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, jewelry, books and notions are sold. 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. Planning Board Meeting Page 6 of 8 08-25-10 KENNEL - An establishment where dogs, cats or other small household pets are boarded for compensation. OFFICE, MEDICAL/DENTAL -- 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 LODGING HOUSE Taylor: Opened to the Board Bugle: Why are we doing this? Leven: The last paragraph in home occupations by-law mentions these terms however they are not defined in the by-law. This helps to clean up the by-law. Bugle: Why gift shop? Can we just eliminate gift shop from the home occupation? Leven: Means changing the home occupation bylaw. Bugle: Single words can be confusing. If you use the word "art" there could be a conflict. Leven: Home occupation -specifies that the work is created on the premises. Bugle: Concerned about the interpretation of a single word which could work against what we are trying to say. Leven: Why not change the gift shop definition? And wording: add "shops accessory to a home occupation as pursuant to 179-37 shall not be considered gift shops for the purpose of this definition." The Board agreed. Collum: Kennel -Anytime or overnight? Leven: Doggie day care is kennel - it also takes out the over 3 dogs as a kennel. Collum: Ok with that Barnard: Clinic, Medical, Dental, Health Care Leven: Should the definition include an "or" between medical and dental (OFFICE, MEDICAL/DENTAL)? It was agreed to add the "or". Planning Board Meeting Page 7 of 8 08-25-10 Taylor: any other comments Bugle: Tourist Home/Lodging House? Leven: Explained this is just telling someone where it is referenced. Barnard: Medical/Dental wanted to make sure that the number of people in the office was accurate to what the Board wanted - a brief discussion occurred. Leven: Rereading the definition she would recommend eliminating the words "rendering assistance to a physician". A few other minor typographical modifications were recommended. Bugle: Motioned to recommend to town meeting as amended. Seconded by Barnard. Vote: All Aye. Other Business: Barnard: The WQRC has made a request to be copied on any subdivision plans in the Zone 2. Leven: Agreed Action Items Case #/Reference Artinn 1Alhn n. ~e n~+„ Fish House Parking concerns -address with Planner 8/25/10 Letter has the building commissioner ~ been sent from the Buildin Comm. Manufacturing Modify article and recommend Planner 8/27/10 and the Home for Town Meeting Occupation Definition Article Accessory Recommended to town Meeting Planner 8/27/10 Definition, PRD, as written Political Si ns, Frain/Tamer Lane Draft letter Planner ~ 9/8/10 Frain/Tamer Lane Revised Plan to show placement Frain 9/2/10 of home -include revised calculations McMullen: Motioned to adjourn at 8:00 pm. Seconded by Bugle. All Aye. es c II sub e \.. John eaning/Clerk ann Sci, Sr. epartment Assistant Planning Board Meeting Page 8 of 8 08-25-10