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Home My Public Portal AboutPlanning Board -- 2010-09-22 Minutes I 1��Ulu itiilillfop ; «. F I Brewster Planning Board o .r>o :9° , i 2198 Main Street •2 r IMP 1,• 3=_ Brewster, Massachusetts 02631-1898 ▪ 3 ��i.Eiai a _ (508) 896-3701 ext. 133 ▪ ° 44 lil ;_ r'y 3 FAX (508) 896-8089 v. j/1 J 1 I I 1 I I I I I 1 l 111 1 l 1 \\ Date Approved: 1/26/11 Vote: 5-0-0 TOWN OF BREWSTER MINUTES OF PLANNING BOARD REGULAR MEETING MINUTES Wednesday, September 22, 2010 at 6:30 P.M. Brewster Town Office Building Chairman Taylor convened the Planning Board meeting at 6:35 pm in the Brewster Town Office Building with members: John McMullen, Bob Barnard, Rick Kuzman, Scott Collum, and John Leaning. Absent: Bob Bugle Also Present: Sue Leven AGENDA 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. Perimeter plan was reviewed by the board. John Demarest: Coastal Engineering representing Bill Dugan Lot one to be conveyed to southern lot. They are cutting a piece to be conveyed to the southern abutters. Lot not considered buildable. Leven: Lot one off parcel 14 to 13. Eliminating frontage? Demarest: Correct a unique position since there is frontage in other places. There is an opportunity for frontage from parcel 10. The owner is interested in property at north and south. Barnard: It is being added to 13. Number 14 is non buildable, so what is 15? Demarest: 15 is an abutter. Taylor: Proposed easement? Frontage from parcel 10 (opportunity). Who does that go to? Demarest: Zelnicks and Mr. Dugan PB Minutes 09-22-10.doc Page 1 of 12 Taylor: Creating easement on Eve's Cartway? Leven: Easement provides access but not frontage. McMullen: Frontage is not an issue. Just adding a portion of14 to 13 Taylor: Requested motion. McMullen — Motion to endorse the plan submitted, seconded by Collum Unanimous vote in favor. The board signed Mylar plan and other paper copies Other Business: Review Meeting Minutes: March 24, 2010, April 28, 2010 Barnard move to approve 3/24 and 4/28 meeting minutes, seconded by Kuzman Vote 4 in favor with Collum and Leaning abstaining Discussion on withdrawing Political Signs Article Leven: You can restrict political signs. Temporary and political signs must be treated the same way. You can't restrict parties. You can restrict size and the number of days before and after an election that signs can be displayed. Taylor: Any other towns have restrictions? Leven: Yes, it varies. There are simple and complex restrictions. Leaning: Simple is better. Leven: They cannot be on public property and you can't treat parties differently. Collum: What constitutes a political sign? Leven: (read the definition) Considered for an electoral process, limited term use, not more than 12 mos. Taylor: Can they stay up a long time? Leven: The Chamber and Historic district need to get together on this. Barnard: Can we do this piece meal? Public property? Leven: Chamber and historic district need to get together and look at the definitions. Kuzman: A sign on a public right of way? Front of property? Leven: It should not be in a place where it impedes traffic A discussion continued regarding public, private property, right of way placement of signs Taylor: Motion to withdraw from warrant? Motion by Leaning, seconded by Barnard Unanimous vote in favor PB Minutes 09-22-10.doc Page 2 of 12 Leven: Ed Lewis might talk to the board in the spring regarding ideas for signs by-law changes. MA Highway can remove signs at any time. Discussion regarding parking at Brewster Fish House Taylor: Letter to Fish House, no sign, patrons are parking on town property every night. Nothing said through other departments Leven: Board has opportunity here. If there are traffic issues, then the board can call the owner back in. McMullen: How are we going to resolve this? Put up required signs to mark parking? Taylor: He has a boat there now and has not designated parking spaces. Nothing will happen unless we have a big meeting (at town hall) and there is parking on both sides of the street and there is an emergency and no one can get in. McMullen: Suggests that Leven talk to Fish House, and ask that they conform to what we are asking (first option) Leven: He has a permit to add an addition. He might not do the work for parking until rest of building is complete. We can ask him and explain he was supposed to put up a sign. We can ask him to move cars from the town parking, delineate parking, and move the boat Taylor: Delineate parking and move the boat. There was some discussion about parking on town property, ticketing and options. Taylor: This was discussed in the permit process. McMullen: Maybe He can make an arrangement for valet parking? Nearby parking at other businesses? There was a general discussion about valet parking options including examples of what other small restaurants do in other towns. Taylor: Cars can park in the town parking lot, but not in the entrance or near the field. Collum: Let's discuss with Vern Smith and go from there. Leven: I will discuss with Vern Smith and follow up with the board. 7:00pm — PUBLIC HEARING #2010-19 First Parish Brewster (aka Brewster Meetinghouse), 1969 Main Street, Map 17 Lot 40: The applicant seeks a special permit pursuant to Article XII (Corridor Overlay Protection District), Section 179-66-B(1) (Use Regulations) of the Brewster Zoning Bylaws, and a special permit pursuant to Article VIII (Nonconforming Uses, Structures and Lots), Section 179-25-B (Extensions and alterations) of the Brewster Zoning Bylaws, to alter a nonconforming structure to add a full basement to an existing structure, and reinforce and replace structural components from the floor up through the roof. The Planning Board may hear the special permit request under Article VIII, Section 179-25-B pursuant to Article XII, Section 179-66-B(4). PB Minutes 09-22-10.doc Page 3 of 12 Taylor: Opened the meeting. When in front of CPC one name was used for this project and there is a different name here. Prefer use of same name. Brewster Meeting House Preservation Project, Inc. was confirmed by Don Schober. Barnard: Are we reviewing this for ZBA and Planning Board, DPRC? Taylor: Yes, speaking for both ZBA and Planning Board. Have you scheduled a meeting with DPRC? McMullen: Has submitted for DPRC, Victor has paperwork; we can represent them in a joint meeting. Leven: McMullen has paperwork from Victor. We are not representing them. DPRC not here today. They have filled out forms but not scheduled a meeting at same time. Some discussion here about a follow up meeting with DPRC. Introductions: Don Schober: President Brewster Meeting House Preservation Project, Inc. (BMHPP) Patrick Guthrie: Lead Architect, Mendes, Torrey & Spencer, Boston, MA Dwight Woodson: Head of Building Committee, BMHPP, Preservation Project John Bologna: Coastal Engineering, Inc. Contractor: Cape Associates, Eastham, not present Guthrie: The history of study of this building goes back some time. Would like to give a summary of proposed renovations. Our firms' renovation studies are complete of the exterior. Visually there are not changes to the building. We were hired for: Reconstruction, preservation, universal access to front. Project includes: Reconstructing foundation, framing, redoing wood, brick, creating space for storage (mechanical systems, etc.) The cemetery shares property line and the back of meeting house is well within the 25ft setback. It is a non conforming lot. Plans show what is being proposed and what is existing. There is no change to building footprint. No net increase of occupied space. Building will be temporary lifted and then put down at the same elevation. There will be accessible entry and path to the existing parking area. When done, structural framing of the meeting house, exterior restored windows, new roof, etc. We were in front of the historic committee earlier this summer. Collum: Looks good. Barnard: Rebuilding foundation for mechanicals and storage. Other space created will not be occupied? Guthrie: If occupiable space changes they would come back to the board. A bulkhead is being added. Taylor: Access, egress? What is under parish house? Guthrie: Additional work Leaning: How far dig down? For cement floor. PB Minutes 09-22-10.doc Page 4 of 12 Bologna: Ten feet, slab, framing under building, dig sizable hole. Set the table for potential future use, reasonable amount of head room. The small crawl space determined the depth of the foundation. (Additional in depth discussion here...) Leaning: Lots of equipment required. Used in the summer? Traffic issues? Can't put heavy equipment in the back. Schober: The last services will be10/10/10 then 10/17 to Stony Brook School 10/14. Organ to be covered inside building. Taylor: Where are the trucks going to be parked and where is the soil going? Guthrie: At the site. There will be a construction fence. The contractor will move the soil out. Taylor: Parking on Breakwater Rd? The garden remains? Guthrie: Parking will be inside the construction fence. Taylor: How will you work at the rear of the building? Guthrie: We are meeting with the Cemetery Commission, easement or license? (8 ft. wide path) For the disassembly of the chimney we have conditions, assessments. There are mapped graves with protection requirements. Headstones recently surveyed. We have tree protection for planting with in various zones. Schober: Warrant article 8, temporary easement, requires vote at town meeting Barnard: Construction vehicles accessing Breakwater? Bologna: Probably not the case. Have not gotten into the logistics with the contractor. Will probably use driveway. Barnard: Pretty straight forward, no additional occupied space that would prompt traffic or parking issues. Taylor: Universal access and improvements? Guthrie: Showed illustrations. Current brick, concrete stoop. Proposed sloped walkway, outdoor space 600 square ft. level with the doors. Exposed concrete aggregate Leaning: Wheelchair accessible? Doors large enough? Schober&Woodson: Ramp will be in place of step. Leven: Town of Harwich equipment to see if anyone is buried in your work area. Dirt being dug out—any examined for archaeological finds? Any plans to examine the soil? Schober: We have already found doors that go in-between the pews, chalice of Jay Henry Sears, Brewster Sea Captain Discussion followed about what could be found. Bologna: Traffic Concerns —fall winter construction project. Dirt will go to a proper disposal site. PB Minutes 09-22-10.doc Page 5 of 12 Common fill. Excavation of grave sites—foundation will step back from the graves in the back area. Site right on the property line. Sensitive to concerns. Barnard: Done by? Schedule? Schober: Starting October 18— 12 month schedule 1) Replace posts in front (3 to 4 mos.) 2) Raise building in January 3) In spring set building down on foundation 4) Roof works follows. (Current posts are missing bottom 3 or 4 ft. Interesting construction) Priority to get water away from the building. Trenches and dry wells to solve this problem. Leaning: Careful where the dry wells go to. Taylor: Water away from the cemetery Guthrie: Water goes towards 6A. Showed illustration. Taylor: Dept. Reviews: Board of Health: Reviewed for board 9/21 and noted existence DPW: no comment Water: no comment Police: no comment Fire: no comment HDC: no comment Town Planner: no comment Conservation Commission —A GIS review shows that there are mapped Wetlands Conservancy Soils, Belgrade Silt Loam, on the southern portion of the property. However, the building footprint does not appear to be located within the mapped conservancy soil. The review shows that the project appears to be more than 100 feet from wetland resources. Any alterations, including disturbance to vegetation or soil within 100 feet of wetland resources would require Conservation Commission approval. The GIS review also shows that the property is not located within NHESP Estimated and Priority Habitat of Rare Species. Building Department: Letter from Building Commissioner. See Appendix I, Re: First Parish Church, 1969 Main Street, Identified on Assessors Map 17 Lot 40, Dated: August 17, 2010 Leven: Will talk to Victor about DPRC involvement. Why no joint meeting? Schober: Should we plan a meeting or wait? Leven: Plan a meeting McMullen: Can Victor poll members?All reps have this package. Leven: There has to be a legal ad and a posted meeting. Taylor: Conditions? Leven: Base permit on plans presented. Parameters of the project. Anything changes they have to come back to the board. PB Minutes 09-22-10.doc Page 6 of 12 Taylor: Are there things we put in that overlap ZBA parameters? Leven: Nothing beyond a requirement that it be done according to the plans submitted. Taylor: Parking, easement, protection of the cemetery? Leven: Understanding of board that applicant is working with the Cemetery Commission and town. Kuzman: Reference plan "as is" Leven: 2 votes are required. 1) Board of Appeals vote and 2) Planning Board vote ZBA for special permit, no detriment to neighborhood Taylor: ZBA vote? Leven: Grant special permit pursuant to by-law and board has found no detriment to the neighborhood. Planning board has authority to act for the ZBA and a special permit pursuant to Article VIII (Nonconforming Uses, Structures and Lots),Section 179-25-B (Extensions and alterations) of the Brewster Zoning Bylaws, to alter a nonconforming structure to add a full basement to an existing structure, and reinforce and replace structural components from the floor up through the roof. Vote: for ZBA approval Built according to plans provided Leaning: So move Board no substantial detriment Kuzman: 2nd All Aye Section 179-66-B (1) (Use Regulations) of the Brewster Zoning Bylaws, Vote: Motion: correct plan, cemetery commission, and no detriment to neighborhood. Kuzman COPD Leaning, 2nd All -Aye (Audio recording stopped here, battery failure) Leven: All vehicles kept on the property, if traffic issues arise; right to come back to the board Board votes, decision to clerk, 20 day period, contact clerk's office and find out when applicant can take it to registry. Taylor: All will receive copies Vote: Leven: Chair can approve and sign without coming back to the board. Leaning: Taylor can sign special permit Barnard 2nd All Aye PB Minutes 09-22-10.doc Page 7 of 12 REPETITIVE PETITION Albert, George, 0 Clay Hole Road, Map 45, Lot 45-1: The applicant seeks approval from the Planning Board to submit an application to the Board of Appeals within two years following the denial of an application pursuant to MGL Chapter 40A Section 16. The applicant wishes to re-apply for a variance from the Board of Appeals to construct a dwelling on an undersized property. Mr. Albert was not present at the meeting. Leven: He requested time before the board. Get more information. Due on 10/13 Taylor: He has new material to present. Leven: Lot split between Orleans and Brewster. Wants to build separate dwelling on Brewster portion BOA discussion for years, then denied since he did not show up. He needs to present specific and material changes Vote Contact Mr. Albert ask him to come on the 13th Motion: Leaning Collum 2"d Aye PLAN AND COVENANT ENDORSEMENT 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. Kuzman chaired Kuzman: Waiver of width and berms, under one waiver Leven: Will look up and make changes and then send to Copelas for notarized signature and come back to the Board for their signature Taylor: No CR Leven: A CR was not part of the decision — it is being done through conservation. Taylor: Who owns the open space? Barnard: What if CR does not get filed? Leven: With conservation Taylor: Nothing in the permit PB Minutes 09-22-10.doc Page 8 of 12 Leven: Special permit for cluster development approves open space Taylor: Damage to pavement and roads Leven: Town rd. Town will pay more attention and has hand on the permit Kuzman: Who assures this is done? Leven: DPW. We have a private engineer to oversee the construction of the road. McMullen: Planning Board goes to inspect? Leven: No applicable training Releasing lots from covenant Some discussion continued about how inspections are done and the validity. McMullen: Thinks the board could do inspections if concerned about if things are done. Leven: Engineer signs and stamps, 9 or 10 different inspections. Milestones reached are inspected by professional engineer McMullen: DPW was supposed to do inspection. Follow up on the engineer Barnard: Can't we hold DPW accountable? Leven: It can be done. It has been done in Eastham. In some cases it is valuable. Barnard: DPW bills developer in this process Taylor: DPW is telling us they don't have time Leven: Does Bob Bersin have to do it? Or is there another resource? Leaning: Who inspects what? Planning Board has to figure this out Barnard: DPW has to live with this road forever Leven: Not if it is a private road. Most developers know they have to call before inspection is done Leaning: We don't have anyone to do the work Leven: We do, just need to figure out how to pay an engineer Kuzman: How do we enforce whether this is done? Enforce this. McMullen motioned to accept the decision language as amended Barnard 2nd All Aye McMullen motion to endorse the plan, Barnard 2"d Aye PB Minutes 09-22-10.doc Page 9 of 12 • Other Business Requested - Joint meeting with ZBA re: 40A/3 zoning— religious institutions, educational, agricultural. Leven will set this up. General discussion followed re: agricultural designation (exemption). See projects that have this exemption b/c of parking, etc. — Barnard Leven: Up to Zoning Enforcement Officer Discussion followed regarding Building Commissioner's involvement - Discussion on the following: 2010-2011 Planning goals —moved to next meeting. - Action Items Case #/Reference Action Who Due Date Brewster Meeting Speak to building inspector about Planner Report back to board at House Preservation DPRC involvement next meeting 10-13-10 Project, First Parish #2010-19 Repetitive Petition Send letter and invite to the next Planner 9/24/10 Map 45, Lot 45-1 meeting Albert, George #08-25 Agricultural use Setup joint meeting with ZBA, Planner Report back to board Ch 40A, section 3 Building Commissioner and Town at next meeting 10-13- Counsel 10 Brewster Fish Talk to Vern Smith about parking Planner Report back to board at House concerns and options. Update next meeting 10-13-10 board at the next meeting Letter from Leven: Planning Board has Planner Report back to board at Wayne no authority here. next meeting 10-13-10 Young: Re: Leven recommends chair Drummer Boy sends note and this is a Park selectman's issue. Sue will write letter and Elizabeth will sign. PB Minutes 09-22-10.doc Page 10 of 12 • Appendix I: 1 Town of Brewster ,.,.,,,tar.-1,01. 'oar R Building Department 3 ;!ii, P �v 2198 Main Street °s !'� ! " F y Brewster, MA 02631 • t— 508-896-3701 Ext. 125 °9�811,1niiium∎v0"°�o 508-896-8089 Fax www.town.brewster.ma.us August 17, 2010 Patrick Guthrie, RA John Bologna, P.E. Menders, Torrey & Spencer, Inc. Coastal Engineering Company, Inc. 123 North Washington Street 260 Cranberry Highway Boston, MA 02114 Orleans, MA 02653 Re: First Parish Church, 1969 Main Street, Identified on Assessors Map 17 Lot 40 Dear Messrs. Guthrie and Bologna: The other day we met in the Brewster Building Department for an initial discussion regarding the alterations that are being proposed to the property noted above. It is my understanding that the alterations proposed include introducing a full basement and reinforcing and replacing structural components from the floor up through the roof. The church as it currently exists is considered a nonconforming structure in that it exists on a smaller parcel of land as would be required today and that the building's proximity to the northern property line does not comply with the current offset requirement of 25 feet. The proposed alteration of creating a full foundation system with accompanying space triggers the thresholds of the following municipal bylaws. 1. Brewster Zoning Bylaw Section 25-B requires a Special Permit from the Board of Appeals to alter a nonconforming structure. 2. Brewster Zoning Bylaw Corridor Overlay Protection District Article XII, Section 66-B (1) requires a Special Permit (different than that noted above) from the Planning Board. 3. Brewster General Bylaw Chapter 83 requires Plan Review by the Development Plan Review Committee. A short time ago the Town of Brewster realized that applicants often triggered multiple reviews by different municipal agencies and determined that this multiple review process was often creating some chaos and frustration thereby clouding the intent of the necessary reviews. The Town of Brewster revised its Bylaws to consolidate multiple reviews in some instances through the Planning Board. 4. Brewster Zoning Bylaw Section 66-B (4) and (5) (a) authorizes the Planning Board to consolidate the municipal review process by assuming the duties of the Board of Appeals and having a joint meeting with the Development Plan Review Committee. Even though this project may not be generally recognized as large or complicated, I am sure that the Town of Brewster would accommodate a request to hold a joint meeting with the Planning Board and the Development Plan Review Committee (DPRC). I would make myself available to assist with the DPRC application. PB Minutes 09-22-10.doc Page 11 of 12 Messrs. Guthrie and Bologna August 17, 2010 One final note is that I would encourage contact with the Town of Brewster particularly the Cemetery Commission and the Department of Public Works to discuss the parameters of this project. Sincerely, Victor E. Staley Building Commissioner VS/mt cc: Board of Appeals Planning Board Susan Leven, Town Planner Bob Bersin, DPW Superintendent Joan Carstanjen, Chairperson Cemetery Commission McMullen: Motioned to adjourn at 8:45 pm. Seconded by Collum. All Aye. Respectful) submitted, Joh() Leaning/Clerk ,��. . At • Ke ly gore/i . •ept. Assistant Planning IP PB Minutes 09-22-10.doc Page 12 of 12