HomeMy Public PortalAboutPlanning Board -- 2010-10-13 Minutes I
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Approved: 1/26/11
Vote: 5-0-0
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
REGULAR MEETING MINUTES
Wednesday, October 13, 2010 at 6:30 P.M.
Brewster Town Office Building
Chairman Taylor convened the Planning Board meeting at 6:34 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
Planning Discussion: Sue Leven attended the Finance Committee meeting. The Finance
Committee commented on the language. They did not like the word "sufficient" in Article 10. Can
the board vote to remove the word "sufficient?"
Zoning By-law Amendment: Discussion of the possibility of deleting the word "sufficient"
from Article 10 (Manufacturing).
Leven: "Sufficient Screening" in question. To provide screening...language suggested.
Group: Subjective, ambiguous,
Leven: You can make a motion to leave it.
McMullen: What is the purpose? To completely block what is behind it?Aesthetically pleasing?
Leven: Explained further. Gave an example. What qualifies as a fence or a gate?
Barnard: "Sufficient" is to be determined by the Planning Board based on the specific case.
Leaning and Taylor: The purpose is to hide it from view.
Collum: Stone yard example, does that need to be fenced? People won't be able to view the stone.
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Taylor: General discussion —Where are we allowing manufacturing? Commercial or Industrial
areas.
McMullen: Where did this come from to begin with?Agrees with Leven. (An industrial district with
industrial uses.) The owner should have the opportunity to put up a fence. If you don't like the site
then move it out of the industrial district and put into commercial district. Questioning whether
everything needs to be behind the fence. I don't see the purpose. Should we withdraw it?
Discussion followed regarding objectionable manufacturing items...Screening, height of fence etc.
Leven: Shared the by-law. Wholesale and Manufacturing The 8 ft. fence is an issue. Manufacturing
uses permitted use only in the I zone. 179-40 deals with issues of manufacturing. E: The 8 ft.
fence. We are doing this because of the 8ft. fence. The 8 ft. fence is an issue. The point of
changing this is to give the board the opportunity to work with someone to get it done without going
to another board for a variance. Use through COPD for example.
Leaning: Take out "sufficient" and leave screening. It is subject to interpretation.
Let's not get mired as to what is sufficient screening. This is not our function.
Leven: If you even can see it? The motion would need to be withdrawn.
Barnard: By removing the word "sufficient" you are not removing the subjectivity.
Leaning: Could this board say that you must do x, y, z screening to obscure storage tanks, etc.
Leven: Some towns require screening from manufacturing to other non industrial zones. Basically
this says if it is outside then you have to put a fence around it. Delete the 8 ft. fence and make the
statement that there are issues with this and you want to take it on as a whole. The board can take
it on as a whole, not one word at a time.
McMullen: Eliminating height of fence?
Some discussion continued regarding the next steps.
Barnard: Does the board agree? If industrial facing residential, should it be screened, yes.
We should look at this as a whole.
Kuzman: Yes
Taylor: Leave sufficient and deal with it another time. (Remove 8 ft. fence)
Leven: Leave the word sufficient and remove the height requirement.
(*Add this to our"to do" list)Action Items.
Leaning: Before town meeting, you could present an article on town floor.
Taylor: It is a good experience for everyone to present an article.
Leven: These are primarily housekeeping articles. We are trying to fix some really big problems.
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Taylor: At one time we were reviewing our by-laws. We need to start going through it again.
Should we get a consultant for rewriting by-laws? How do we best approach this? Doing it piece
meal is great but we really need to review them all.
Leven: This is why COPD and DPRC are being reviewed. We should review definitions, uses and
parking in the future. This would fix a lot of issues.
Leaning: Let's set up some time to review these at next meeting. 6:30-7:OOPM
Leven: The concept of going through and looking at definitions, usage and parking is a good idea.
We have time next meeting to do so. Referenced handouts: DPRC & corridor overlay.
Site Plan Review and Staff Plan review copies were distributed to the group to initiate the process.
Motion Barnard, Leave the word "sufficient" (Take out height requirement)
Leaning 2nd
All Aye
(Leven left to attend the Finance Committee meeting.)
CONTINUED#2010-18 Guiliano, Francis, 3040/3038/3044 Main Street, Map 13 Lot 34-2: The
applicant seeks a special permit to construct a 20Kw wind turbine approximately 80 feet in
height to serve energy needs on the site.
We have a letter to the planning board from an attorney. Guiliano would like to withdraw without
prejudice.
Leven: Explained withdraw without prejudice to the group. The application is withdrawn. They can come
back any time.
McMullen: Motion to allow withdrawal without prejudice
Kuzman second
All Aye
7:00pm — PUBLIC HEARING
#2010-21 Property owners on Allen Drive, located on Assessor's Map 42 seek
consideration of the town to undertake a series of temporary road repairs under the town's
betterment and assessment program in accordance with Article VIII, Temporary Road Repair,
Section 157-20 of Brewster's Code.
John O'Reilly, J.M O'Reilly & Associates, Inc., explained that the road will be pulverized
and graded. Additional drains will be added and the road will be paved. Plan was sent out to
bid. (4 bids), Engineering/Construction $125,000 subtotal, 10% contingency, admin 4%
$147,000 grand total, 14 lots. ($10,500 a lot)
Next Steps - Official proxies to all homeowners to vote from Selectman's office, 51% is
required then it goes to town meeting for vote.
Leaning: 20 yr program?
O'Reilly: 15 yr., several options.
Steve Doyle: 15 yr. limit
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O'Reilly: This is not a competitive bid. These are estimated numbers. They are just for
budgetary purposes. Hazel Lane estimated $90,000. Bill came it at $68,000.
Kuzman: Does the road width stay the same?
O'Reilly: Same, just pulverizing adding new base to stabilize. The width and pitch is same.
Barnard: Same paved footprint? Who sets the criteria? 6 ft. back from the berm? Who plows
it?
O'Reilly: This comes from me. We very rarely do 6 ft. from the berm. I like to have the ability
to remove small saplings. The homeowners drive the process. The road has to last 15 years
before it deteriorates. It remains a private road. DPW guidelines. We very rarely disturb more
than 2 ft. on either side.
Leaning: Do you sign off on this work?
O'Reilly: Yes, I am the first person they call.
Barnard: Exclusions? Are those real costs?
O'Reilly: In the public bid these are itemized. It is the contractor's responsibility to absorb
those costs.
Collum: 51% vote?
O'Reilly: The homeowners need a 51% vote of interest to proceed to the town meeting.
Official proxies are sent and they again need 51% vote to proceed further and have it put on
the warrant.
Barnard: Length of the road?Width?
O'Reilly: 750 ft., 20 ft width (10 ft, each side)
Barnard: I don't think it needs to be that wide. Looking at costs.
Steve Doyle: The drainage is the big difference from the original road. Some lots get flooded
now. It makes it a safer and longer lasting road.
Motion:
We approve the process so far. We are sending it back to the Selectman; the board has
conducted a public hearing.
Leaning: Motion to approve the process.
Collium second
All Aye
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-
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apply for a variance from the Board of Appeals to construct a dwelling on an undersized
property.
Mr. Albert distributed copies of two maps. One map shows town lines. (Orleans & Brewster)
George Albert: He gave a summary of his case. (See recording for entire conversation.)
He appeared without an attorney.
The land in question is being donated to the Wentworth Institute of Technology upon his death.
He has talked to the building inspector. He has cleared the lot. Three years ago a board member
(McPherson) viewed the land. Sue Leven sent Jim Gallagher out to the land to review. Re: Nickerson
land. There was reference to clearing of a cart path and Albert had to get a right of way. He has done
research and provided maps and photographs for the board to review. He stated he has adverse
possession because he was there before zoning laws. (Reference to Attorney Latanzi)
Mr. Albert lives on Eli Rogers Road in Orleans. Someone built houses on this road. Clay Hill Road is the
new name. Some discussion continued about access through private land, etc.
Leven: Reminded the board — In order for Mr. Albert to return to the Board of Appeals before two years
expire the board should consider if there are specific and material changes since the last time. A good
amount of this informationis new. Ask Mr. Albert what has already gone to the board. (Sue went next
door to Finance Committee meeting
George Albert: Hearing was cancelled in July because the meeting was not posted. He went to the town
to look up the plan.
Taylor: What is different or new now?What did you not present before to ZBA?
George Albert: Mr. Nickerson paid a lot of money to build a house on the way. For Mr. Albert to get in
and get rights from other people got rights from others....
Taylor: What new information do you have for us to allow you to go to board of appeals?
Mr. Albert: He has blocked off Eli Rogers Rd. Now the land taken from the front of my house is now land
under law that can revert to me. Ref: Fort Devens, abandoning land in the town of Shirley, had to give it
back to the people. Now have a road approved from land court. The road name has changed and been
tarred. To get to Clay Hill Rd. People are opposed to this. Part gravel, etc.
Taylor: Why was Mr. Albert denied from ZBA?
Leven: Mr. Albert came to the Board of Appeals a year ago. The basic issue is that part of his property
goes from Orleans into Brewster. Is there sufficient area to build a house? Separate lot? For the last
hearing Mr. Albert was not present. No attorney. ZBA denied it. (Procedurally). A lot of the information
was not part of the original presentation. It is not incumbent on you to convince the board you are
correct. The issue is - do you have information that was not presented to the Board of the Appeals?
The board should determine if there is new information.
Taylor: We don't know what was presented to ZBA?
Leven: Mr. Albert was going to put forth an argument that his lot is a separate piece. The lot is in
between the Orleans and Brewster line. There are two houses on the Orleans side.
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McMullen: I see no reason why we should not refer this back to Board of Appeals so Mr. Albert can have
his day with Board of Appeals.
Taylor: We are not making any decisions on this case.
McMullen Motion
Grant the repetitive petition
Leaning 2nd
All Aye
Planning Board approved his request to reapply to ZBA before two years is up. A letter will go to Mr.
Albert that we have approved his request to reapply to ZBA before two years is up.
APPROVAL NOT REQUIRED
Application for Endorsement of Plan Believed not to Require Approval —#2010-22 Applicant: David
and Jean Balboni — Property is located on Winslow Landing Road and shown on Assessors'
Map 14; Parcels 22 and 23. The purpose of this plan is to provide a survey that identifies the lot
lines and location of structures.
Richard O'Hearn: Presented a plan. There are two lots. It is showing on plan as two lots.
They are looking for an endorsement of the survey. They are trying to define the lot lines better than the
1932 survey. He reviewed the case with the board.
Taylor: You need an ANR from us?
McMullen: Parcels 22 and 23 the same as lots 1 and 2?
Richard O'Hearn: Yes.
Barnard: I thought we would see a copy of the letter summarizing the purpose of the ANR.
Leven: Because this is two lots this is the only way to define boundaries.
Leaning: Are we saying lot 1 is a buildable lot?
Leven: No. An ANR endorsement does not say anything about zoning.
McMullen: Move to endorse the plan.
Kuzman 2nd
All Aye
The members signed the Mylar plan
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.
Leven: It is signed and notarized and now needs the boards' signature.
Taylor: Board has reviewed the language.
Collum: Motion to sign.
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McMullen 2nd
Taylor: Abstain
All Aye
Other Business:
Discussion on covenant language
Leven: If the board wishes to take some of the planning time to fix the language?
Taylor: We should review. Make sure they say what they need to say and are written correctly.
Leven: Will get other town's covenant language to review.
Barnard: Should there be language that states who owns the open space?
Leven: Only if it is decided as part of the meeting exactly who is going to own the open space.
Otherwise it falls back to the requirements of cluster subdivision: The open space will be owned by
the town, a non profit, or the homeowners.
Taylor: Cluster subdivision language?
Leven: The change was a CR unless the town owned it.
Collum: Discussion of use or access?
Barnard: Determination in front of this board.
Leven: A covenant says you can't get a building permit for a piece of land unless the road is built
and the utilities are in. If you have not met condition of approval, that halts the process. Leven
explained condition of approvals going forward.
Leaning: A request for the planner- 2 covenants, current modern and succinct, compare to ours.
Plus the Brewster covenant document.
Some discussion followed about open space (Barnard, Leven)
Leven: It is now required for developers to hand over the open space before releasing the last lot.
(homeowners, town, conservation)
Taylor: Is this part of the conditions?
Leven: If you want to approach it this way, then include it as part of the conditions. Give the
applicant the opportunity.
Taylor: Who is going to pay for road inspections? How was that handled? (recent subdivision)
Leven: How our language translates in this case— Do we have the ability to ask?
Taylors: Question —who pays for road inspections? We never resolved this.
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Leven: Not part of the conditions. Discussed this with Bob Bersin. (Read from the By-laws), .75 for
foot of roadway. Min. fee of$50 for any inspection.) Old language.
Leaning: This should be part of the boiler plate.
Leven: You can change fee structure.
Taylor: We can change this at public hearing.
Collum: They have to hire their engineer to do inspections'?
Leven: We have a registered engineer who will do the inspections for$300. I can talk to the
attorney for the applicant, or Bob will do it Maybe $1500? I will report back to the board.
Misc.:
Leven explained correspondence file. (one set of all letters from departments—primarily Building
department) This would replace individual copies of letters in the packets. 1 set for review at each
meeting.
Taylor, Collum: Good idea.
Taylor: Did you send Mr. Young a letter? (Drummer Boy Park, subject: Dog Park)
Leven: Yes.
Upcoming Training Opportunity: Courses. CPTC
CPTC Site plan and review, Tues. 11/9 in Orleans
Upcoming Meeting:
Taylor: Is everyone available? The topic is 40A Agricultural Exemption. It is a joint meeting with
the ZBA and town counsel, 10/19 at 7PM.
Leven: All Planning Board, Board of Appeals and Victor Staley. (Requirements, definition, what we
can ask) General agreement about what is seen. This board does not see anything unless Victor
sends them to us for zoning.
Discussion followed about DPRC and the next meeting with ZBA.
Discussion about the garden center, Rte. 6A
Barnard: Garden center use. Who is overseeing?
Leven: The building commissioner said there was an exemption so there was no need to go to the
planning board for a site review process.
Review Minutes:
- Review Meeting Minutes: May 12, 2010, July 14, 2010
May 12: Kuzman motion to accept,
Barnard 2nd
All Ayes
Abstain Scott Collum and John McMullen
Barnard: Goal for meeting minutes distribution?
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Leven: We are catching up. You review them after I review them.
July 14: McMullen top of page Commerce Park, remove "T", the town ....Leaning
Pg. 10 of 13— Barnard, Collum missing
Motion to accept as corrected, McMullen
Leaning 2"d
All Aye
McMullen: Question #2 on the Ballot: (handout from package)
Leven: Handout was reviewed. A yes vote would repeal chapter 40B. A general discussion was
held. It would allow affordable housing a mechanism that does not involve zoning. This is what
most towns use for affordable housing projects. If this goes away then what replaces this with the
same effectiveness?
A general discussion continued with the members.
Taylor: Question about special permit—memo from Victor
Now all permits have additional two years extension. Do we need to change the by-law?
Leven: No. If you have a permit that was good for two years, now it is good for four years.
(Within a specific period of time)
McMullen: Motioned to adjourn at 8:40 pm. 2"d by Collum. All Aye.
Respectfully submitted,
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Joh Leaning/Cl-rk Kelly Moore/Sr. Deg:,. A ssistan Planning & Zoning
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Action Items: As of 10/13/10
Case#/Reference Action Who Due Date
Repetitive Petition Send letter to Mr.Albert and cc:ZBA that the Planner 10-20-10
Map 45,Lot 45-1 Planning Board approved his request to reapply to
Albert,George ZBA before two years is up.
#08-25
Agricultural use Setup Meeting with ZBA,Building Commissioner Planner Planned for October 19 @ 7PM
Ch 40A,Section 3 and Town Counsel.
Brewster Fish House Talk to Vern Smith about parking concerns and Planner Report back to board at next
options. Update board at the next meeting meeting 10-27-10
Zoning By-law Amendment: Discussion of Motion-Leave the word"sufficient"(Take out Planner Sue Leven notified the committee
the possibility of deleting the word height requirement)Notify the Finance during their meeting 10/13.
"sufficient"from Article 10(Manufacturing). Committee regarding decision
#2010-21 Property owners on Allen Letter to BOS stating hearing was held and Planner 10-20-10
drive, located on Assessor's Map 42 Planning Board approved process to date.
seek temporary road repairs under
the town's betterment and
assessment program
Discussion on covenant language A request for the planner-2 covenants, Planner Report back to board at next
current modern and succinct,compare to meeting 10-27-10
ours,plus the Brewster covenant document.
Road Construction Inspections Find out current inspection fee and report Planner Report back to board at next
back to the board meeting 10-27-10