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Home My Public Portal AboutPlanning Board -- 2010-12-01 Minutes Brewster Planning Board o ^ ' 2198 Main Street _ .rp fll!1! ; 3' Brewster, Massachusetts 02631-1898 O U i01� 1 _ o (508)896-3701 ext. 133 r t=` ..I—s?' • FAX(508)896-8089 Approved: 2/23/11 Vote 6-0-0 - TOWN OF BREWSTER MINUTES OF PLANNING BOARD REGULAR MEETING MINUTES Wednesday December 1, 2010 at 6:30 pm Brewster Town Office Building Chairman Taylor convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members: Bob Bugle, Rick Kuzman, Scott Collum, and John Leaning present. Absent: Bob Barnard, John McMullen Also Present: Sue Leven Recording or Taping Notification "As required by the Open Meeting Law we are informing you that the Town will be audio taping this public meeting. In addition, if anyone else intends to either video or audio tape this meeting they are required to inform the chair." Planning Discussion/Other Business: 6:30 pm - #2010-23: Request from Cape and Vineyards Electric Cooperative to further continue the hearing on the proposed turbines in Commerce Park to Wednesday,January 12, 2011. Taylor read the letter from CVEC and Town of Brewster. Continuance requested to allow CVEC sufficient time to respond to the questions from the Planning Board as a result of the November 10, 2010 public hearing. Bugle so moved the hearing to Jan 12, 2011 Kuzman Second All Aye Taylor announced to the room that the Board will not be discussing wind turbines until 1/12/11. A Review of the documents distributed to the Board: Leven: 1) Zoning by-law. This includes amended language from May Town Meeting. These are not replacement pages, please cut and paste into the pages. 2) Enforcement order from Jim Gallagher to Ben deRuyter is an FYI. Red Wooden Shoe Nominee Trust. 0 Cranview Rd. They have met and are working out any issues. 3) Planning Board calendar 2011 -One meeting in Nov. In Dec. 1st and 3rd Wednesday. 4) Letter from Menders,Torrey &Spencer, Inc., Patrick Guthrie, First Parish -They have discovered it is not to their advantage to put in a full basement under the sanctuary. It would be costly. Do they need to meet? Update the plans?The changes do not impact the board's decision. Planning Board Meeting Page 1 of 7 PB Minutes 12-01-10 PB 120110 audiominutes Taylor: I hope this can be handled administratively. See corrected plans. A Review of the documents distributed to the Board: Bugle: Acceptable. Leaning: A lot less excavation, heavy equipment, etc. Some group discussion about the exact location. Leaning: Where 800 sq. ft. of depth is? Leven: I will check with them. Request a letter, changes and the revised plans. Taylor: A final plan please. Discussion of proposed by-law amendments Leaning: Did Victor have questions or comments? Leven: He said they should contact the board. Staff Review has been redone, Site Plan Review—I will try to send the board by the end of the week: The revised language and rules and regulations. (Corridor Overlay references, DPRC next.) Taylor: Can we do this in one article? Leven: It can be done a couple of ways. She explained further. A single article or a couple of articles together. Large piece first. ZBA Request for Comments: 10-22 Francis Guiliano, 3038 &3044 Main Street, Map 13 Lot 34-2, in the R-M zoning district Sign: Represented by Legare W. Guyler (Design/Build). The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-20 to place a sign 72"x 40.5"for garden center/farm stand on Route 6A. Comments requested by ZBA by: 12/3/10. Public Hearing is 12/14/10 Planner Comment: 4 sq. ft. is the standard for nonconforming use in a residential area. General discussion of the signs in the area. Leven: Is the sign covered MGL 40A Section 3 like the rest of the lot? Taylor: HDC? Leven: Yes, BOA first then HDC. Bugle: Is this setting up a bad precedent? Leven: Perhaps. The Board should look at it as any other variance. There are good points in the application regarding placement of the sign. Single entrance, busy road, etc. Bugle: This whole project"thrust" upon us. Leven: According to Counsel, all within the law. That is how it works. The sign is a variance. Taylor: We should comment. Leven: Your comment on a board of appeal case. The board can comment. Draft letter for Taylor Planning Board Meeting Page 2 of 7 PB Minutes 12-01-10 PB 120110_audiominutes Leaning: I concur with Robert. I am not inclined to support a sign that exceeds 4 sq. ft. (2 x 2) ZBA Request for Comments: cont. Leven: You can consider 4 and 20. Taylor: I am concerned about setting precedent. Leven: The BOA will comment they don't set precedent. I explain what the current is and what is being proposed and what they may wish to consider. Kuzman: I have no problem with what I saw. I thought it would be big and as I drove past I looked at other business signs. I have no problem with it. Bugle: There are pre existing signs up and down 6A that appear prior to the sign code. This would be the first bigger and not in compliance. I suggest they take that into account and deny or reduce the sign. Everything else is pre existing. Kuzman: 4 sq. ft. You will not see it and drive by it. Bugle: They did not get in fair and square on real zoning. Collum: It looked well placed for the property. A long sign might not fit the property very well. This should be a case by case basis. I would have to look at other signs on the road to determine exact size. It is not too grand in scale. It will be fine. Taylor: Letter to all and summarize comments. (Comment to Elizabeth next week.) Leven: Consider— Sign code. Whether or not is worth looking at a different way to look at non conforming businesses and residential districts vs. a business on 6A. Taylor: Chamber setting something up? Leven: The chamber is reviewing and setting up a meeting with HDC. Re: sign code. Taylor: A work meeting with the chamber reps.?Just to discuss the issues, Victor and Jillian. Taylor: Invite someone from another town who has been through this? Someone in the sign business? Leven: I will talk to Kyle Hinckle about it. There is some discussion about other things to go to town meeting in the spring. I will send an update before vacation. For next meeting on 12/15? Taylor: I would like to get some work meetings scheduled. Spring town meeting? Leven: Hearing process should start sometime in January. Water quality meeting: Prohibition about certain types of pressure treated wood in zone 2. Cape Sand and Recycling for 1/12/11 meeting. Taylor: Items for Spring? Kuzman: For spring 179-40 Manufacturing re-write. Leven: FYI - Development of Regional Impact for Cape Cod Commission. Memory impaired unit and assisted living facility near EPOCH on Route 124. It will come to you as referred by the CC Commission. Taylor: Made an announcement that the wind turbine discussion will be on 1/12/11. Planning Board Meeting Page 3 of 7 PB Minutes 12-01-10 PB 120110 audiominutes Public Hearing: 7:00 pm #2010-24 Tom Burrows, 28 Commerce Park Road, Map 46 Lot 41-5-1, I (Industrial) zoning district: The applicant (who leases the subject property from the Town of Brewster) seeks a special permit pursuant to Article XII (Corridor Overlay Protection District), Section 179-66-B(1) (Use Regulations) of the Brewster Zoning Bylaws, to construct an additional 1,500 square foot self-storage building on the property. Burrows: I supplied a narrative. The hoop building dealt with here tonight? Leven: Not considered a structure. It can be acknowledged as being on the plan. Taylor: Existing hoop building did not have a structure permit. It is now on the plan. Burrows: Updated the board re: hoop building discussion with Victor. Leaning: Prohibit toxic chemicals from storage units? Is this toxic clean up supply for emergency purposes only? Burrows: Yes, Chief Jones specified this for emergency only Bugle: Power steering and brake fluid extremely hazardous. Taylor: Contract given to customers? In the file?—We will check (Leven) Taylor announced again that the wind turbine discussion has been continued to 1/12/11. Leven: The letter from CVEC about the continuance stated they needed more time to address the questions. Leven: No comments Bugle: Similar structure? Burrows: Looks the same as others Collum: It looks nice and fits in quite well. Burrows: I want to put in solar panels on the roofs. Taylor: Read department review comments: See attachment I. Burrows: Nancy Ice bringing to WQRC on 1/21/11. Taylor: DPRC signed plan? Burrows/Leven: Yes. Leven: Water Quality certificate for that property? Burrows: Yes. { Taylor: WQRC will meet later in Jan. and the applicant will provide a letter from them. Collum: Hoop structure? What did Victor say? Planning Board Meeting Page 4 of 7 PB Minutes 12-01-10 PB 120110 audiominutes Leven: Victor has started to acknowledge temporary structures on property. #2010-24 Tom Burrows, 28 Commerce Park Road, Map 46 Lot 41-5-1, cont. Burrows: There is a timeline on it. Bugle - Motion to approve a special permit and draft a positive recommendation to include WQRC certificate from 1/21/11 and a copy of the contract. Leaning Second Taylor: A copy of what he gives to tenants. WQRC certificate. (modify motion. 1/21/11) and a contract All Aye Leven: Out all next week. To all: Please be careful about talking to members of the public about active cases before the board. That includes anyone not on this board outside of these meetings. This is why you are getting a lot of emails. Next Meeting: Wednesday, 12/15/2010, discussion about articles. Bugle: Motioned to adjourn at 7:19 pm. Kuzman, Second. All Aye. Respectful) submitted 7 rn John eaning/Clerk Kelly Moore/Sr. �":partment Assistant Planning Board Meeting Page 5 of 7 PB Minutes 12-01-10 PB 120110 audiominutes Attachment I DEPARTMENT REVIEWS FOR LEGAL HEARING OF COPD Special Permit App. #2010-24 APPLICANT/OWNER: Tom Burrows/Town of Brewster MAP/LOT: Map#46, Parcel#41-1 PROPERTY ADDRESS: 28 Commerce Park Road, Brewster, MA 02631 Reviewed by: Board of Health, Building Department, Police Department, Conservation Commission, Department of Public Works, Water Department, Fire Department, Historic District Commission, and WQRC. BOH—(Meeting on 12/7/10) No comments received yet. DPW—No comments received. BUILDING—Victor Staley: 11/18/10: The District of Critical Planning Concern (DCPC) Ordinance has been satisfied by the Town of Brewster and approved by the Cape Cod Commission. With the DCPC restriction on processing permits now lifted, you can now submit the requisite applications for the following municipal agencies. Applications for these reviews may be obtained at the Brewster Town Offices or from the town's web site noted above. 1. Submit application to the Development Plan Review Committee pursuant to Chapter 83 of the Town of Brewster Code. 2. Submit application to the Planning Board for a Corridor Overlay Protection District Special Permit pursuant to Article XII, Section 66-B of Brewster Zoning Bylaws. 3. Submit application to the Water Quality Review Committee pursuant to Section 61 of Brewster Zoning Bylaws. 4. Submit building permit application pursuant to Section 110 of the State Building Code 780 CMR. WATER—No comments received. POLICE—Chief Richard Koch, 11/15/10: I have no issues with this proposal. I don't see any police related problems and the applicant has a history of a good working relationship with the police. FIRE—Arthur Romme, 11/12/10: The fire department has no issues at this time with the additional building that Tom Burrows wants to build at the Secured Storage. CONS. COM. —Jim Gallagher, 11/16/10: A GIS review does not reveal any mapped wetland resources near the project. Any alteration, 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 within NHESP Estimated or Priority Habitat of Rare Species. HDC-John Halverson, 11/9/10: No comments. TOWN PLANNER—Sue Leven, 11/24/10: No comments. WQRC— No Issues, 11/29/10 Date: November 29, 2010 To: Planning Board From: Water Quality Review Committee Review of Secure Storage Application to the Planning Board-comments Bennett- no floor drains in new building Staley- Building Inspector is aware of this Miller-Are there 2 buildings? Staley- hoop building has been removed Bennett- no reported spills on this property No issues Planning Board Meeting Page 6 of 7 PB Minutes 12-01-10 PB 120110 audiominutes Action Items: As of 12/01/10 CASE#/REFERENCE ACTION OWNER DUE DATE #2010/23 CVEC Notification of Sue Leven 12/2/10 continuance of public hearing to 1/12/11 #2010/19 First Parish Contact MT&S and Sue Leven 12/3/10 request revised plans for board review ZBA Comments for Talk to Kyle Hinckle Sue Leven 12/3/10 #10-22 Guiliano Sign re: signs and a for garden center meeting to discuss further #10-22/Guiliano Letter to ZBA from Kelly Moore 12/7/10 Planning Board regarding sign for garden center #2010/24 Burrows Approve a special Kelly Moore 12/9/10 permit and draft a positive recommendation to include WQRC certificate from 1/21/11 and a copy of the contract. Planning Board Meeting Page 7 of 7 PB Minutes 12-01-10 PB 120110 audiominutes • • • 4,