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HomeMy Public PortalAboutPlanning Board -- 2011-05-25 Minutes \\0111ilifiltIll11111/ vockE W 8 i. Brewster Planning Board -:-..-.1.- o„.e 4V+7-.• -,,--- •:.,•Z'a. g OW t 3 7,-4 :1"--- U 11,1.!■,:iiiiill 13‘' la.r==- ( 2198 Main Street Brewster, Massachusetts 02631-1898 (508)896-3701 ext. 133 5',--' `e , .:2-----= -=-:" "5". * .■,..,- - Ti, -Cz "----:- FAX(508)896-8089 ,,./Rrept.o otionriimovo Approved: 6/22/11 Vote: 7-0-0 TOWN OF BREWSTER MINUTES OF PLANNING BOARD REGULAR MEETING MINUTES Wednesday May 25, 2011 at 6:30 pm Brewster Town Office Building Chairman Taylor convened the Planning Board meeting at 6:33 pm in the Brewster Town Office Building with members: Bob Barnard, John Leaning, Scott Collum, John McMullen, Rick Kuzman, and new member Suzanne McInerney present. Other attendees: Sue Leven, Jim Foley 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 audio tape this meeting they are required to inform the chair." An audio recording of this meeting is available. PB_052511_audiominutes. Documents: 052511_A—Planning Board Action Items from 5/11/11. 052511_B Site Plan Review Special Permit Application and Special Permit Findings/Checklist, 052511_C Model As-of-Right Zoning By-law—Large Scale Ground Mounted Solar Photovoltaic Installations. No video available. AGENDA 6:30 pm Planning Discussion: 1) Welcome new member,Suzanne McInerney 2) Re-organization of the Board 3) Planning Board Goals and Objectives for the coming year 4) Fall 2011 Town Meeting • Solar Panel Array by-law • Sign by-law,Agricultural use in RM zone,Manufacturing by-law 5) Executive Session:To discuss ongoing litigation. 6) Review of Action Items _. ___ . . Other Business: )c- • Review Minutes,4/27/11 • Topics the Chair did not reasonably anticipate. - - Page 1 of 7 PB Minutes 5-25-11.doc PB 052511_audiominutes,video available from Planning Dept. 6:30 pm Planning Discussion I 1)Welcome new Planning Board member Taylor welcomed new member Suzanne McInerney. Suzanne introduced herself to the Board. 2) Re-organization of the Board Taylor asked the Board for input. Collum nominated Kuzman as Chair, McMullen Second, All Aye,Vote 7-0-0 Kuzman nominated Barnard for Vice Chair, Taylor Second,All Aye,Vote 7-0-0 McMullen nominated Leaning for Clerk, Taylor Second, All Aye, Vote 7-0-0 Kuzman assumed control of the meeting as the Chairman. Taylor recognized Bob Bugle for his 12 years of service to the Planning Board. Kuzman and the Board members thanked Taylor for her service this year. Other Committees: The Board discussed representatives to other committees and boards. Bugle was the representative to the Great Fields Road Committee. Selectman Jim Foley gave an update regarding the Great Fields Road Committee. The last time they met, it was a 50/50 split. The BOS has decided to let the neighbors come to a decision on their own regarding repairing the road. The road is part private and part public. Collum volunteered to be the Planning Board Representative to the Great Fields Road Committee The Board will review the other assignments at the next meeting 6/8/11. Other assignments include Open Space Committee, Community Preservation Committee, CWPC, and Water Quality Review Committee. DPRC is in existence through the summer. John McMullen is the current Planning Board representative. There was a discussion regarding a Planning Board representative for the ZBA. Collum was the liaison last year but did not attend meetings. McMullen thinks that the PB member/liaison should not attend the ZBA meetings. McInerney suggested that attendance at ZBA meetings was a good idea. McInerney asked Leven for her opinion. Leven attends all ZBA meetings. After discussion, McInerney suggested it might be redundant for a member and Leven to attend. She will take the liaison role if necessary. The Board discussed the topic further. 6) Planning Board Action Items Barnard asked for direction regarding the Planning Board goals from the BOS. Foley will ask the BOS Chair. Barnard suggested input on topics for by-laws. The Board reviewed the Action Items list from the 5/11/11 meeting. See updated list on the last page#6 Discussion Summary: Leven: R&R, NRPD—next meeting 6/8 Taylor:There is an Energy Technical Bulletin that will be discussed at a meeting soon (Wind or other energy) Taylor will update the Board. Elected Boards and others can do a discretionary referral. BOS, PB (neighboring towns) BOS in another Town can do a discretionary referral. Any permitting group in town can do mandatory referrals. Barnard expressed concern that amendments to a by-law need to be finished by the end of the summer for fall Town Meeting. Leven said by mid August. Leven:Mandatory Referrals-The Board has the option of appointing staff(planner) to send the referral, without coming to the Board. Page 2 of 7 PB Minutes 5-25-11.doc PB 052511_audiominutes,video available from Planning Dept. Taylor: DCPC Ocean Management— Nothing new. Public hearings will be next. Leven:She went to two meetings last week. Topics: Sand and Gravel, disturbances of the ocean floor, other meeting was about by-laws for location of renewable energy (wind turbines), in CC Bay and Nantucket Sound. (Primarily visual impacts.) Road Inspection Process `The Board had a lengthy discussion regarding the road inspection process for both private and town roads. Discussion Summary: Barnard thinks that the DPW is the organization that should be involved. He summarized for the Board. Leven stated that the DPW has no obligation to maintain private roads. The DPW does not maintain dirt or gravel roads. The point is who creates the road. The recent Thacher Road was shared. The contractor hired their own engineer who will inspect and sign off on the nine steps. A certified Engineer inspects the road and stamps the form. Collum explained that the Board hired an engineer in the past and that we wanted to move away from this. Leven stated Bob Bersin did the inspections in the past and he is not interested in doing them now. We need to update the Rules & Regulations to reflect the changes. She explained the current process with Thacher Road. The topic is the construction of private roads only. Planning Board only gets involved in private roads and subdivisions. Barnard and Kuzman expressed concern about who is doing the inspections. McMullen is against paying an outsider to do this. In the past three Board members would visit the road site. Collum disagrees with McMullen. He expressed that engineers serve a purpose to stamp and validate the process. He suggested that an independent engineer hired by the applicant verifies the road is built to our specifications. He mentioned the Thacher Road subdivision. This takes the burden off the Board. No additional cost to the Town. Leven read the by-law, which includes nine separate inspections. There was discussion regarding "Town Engineer" and "engineer who works for the Town." Leven stated that either way there is no cost to the Town. Leven informed the Board that they could add language to the requirements if necessary. Kuzman agrees with Leven. Collum asked for further explanation from Leven regarding who is responsible now and in the past. Leven explained that Bersin handled in the past. She stated it is important to have a defined process either way. Collum suggests that the Board rework this and say that the contractor hires the engineer. VS. a town hired engineer. Leaning said there could be conflict in using an engineer who is hired to inspect his or her own work. It might be best to have an independent engineer. He asked Sue for further clarification. Leven said it is the engineer's stamp and he is responsible. Leaning agrees that an engineer should do inspections. There was a discussion whether this is worth spending time on. Leaning suggests updating the language and having the inspection done by a licensed engineer. Kuzman summarized: We all agree that an engineer should inspect roads. (A Contractors engineer with a stamp or an independent engineer hired by the Town.)The Board makes that decision when necessary. Barnard still feels strongly that DPW should be involved. He is concerned about"well built" roads. He thinks DPW should be in charge of the Engineer, not the Planning Board. Leven explained that DPW approves the plan. Barnard said an engineer should do an inspection. He wants DPW to hire the engineer for the inspections. There was continued discussion about hiring an engineer and who has responsibility for the road between Leven and Barnard. McMullen asked for clarification of the process. Leven explained the form and inspections. (Thacher Road) McMullen is in favor of a Board member going to the road inspections. Taylor explained the road form and the process. A member or Sue could go to the inspections. McMullen stated that someone has to say that the process is correct. Barnard referred to the standards of the rules and regulations. Kuzman asked Leven to redraft the rules and regulations, fees, etc. Page 3 of 7 PB Minutes 5-25-11.doc PB 052511_audiominutes,video available from Planning Dept. Discussion Summary: McMullen wants road inspections with an engineer and a Board member. Leven shared a road inspection example from Eastham. Collum says it should not be required for a Board member to be at the inspections. Include a representative of the Board or DPW. Leven informed the Board that any new wording has to be advertised and a public hearing before it is voted on. Collum asked if there are suggestions we can make to improve roads. 6A. Foley gave an update. The Town asked for sidewalks. No sidewalks in the Paines Creek area. The Town asked for drainage and the State said no. The Town suggested they take care of easements and has the easements. The State recalled the money for this project. The BOS is working with state representatives and the Gas Company. The Town would like to do this all at once. The BOS is trying to convince the state to do a coordinated project. The Town has no approval or funding yet. Planning Board Action Items, cont. Road Regulations to the Road Review Committee—Leven will send them to Sumner, Bersin, Koch, Moran, Anderson, Leven will share a court case from the Attorney General, from the Town of Concord re Signage. She explained further, as this relates to the Giuliani case with the ZBA. Fall TM 2011 Manufacturing: re-write 179-40 E, Size of fences. Leven will send Kuzman information. Kuzman will draft a re-write. Agriculture: Propose changes to the table of uses. To allow farm stands in a RM zone. Taylor: Review the table of uses. Leven explained recent request near Owl Pond Rd. Leven explained error in table of uses. Some wording is missing. 1)Wholesale retail and 2) retail. She explained different options of operating a farm stand. There was continued discussion between Collum and Leven. Barnard expressed interest in discussing why it was left out of RM to begin with. It is missing "wholesale" in#3. There was a discussion regarding missing text from year to year in the by-law. Leven said that the Town Clerk has reviewed the by-law. Taylor offered to review it as well. Solar Array by-law—Review handout from the State. Leven stated that it is a by right zoning by-law. Leven will send Mashpee's by-law The Board should compare them and provide comments. There was a discussion regarding security, safety, voltage, and fencing. The Model by-law is from Green Communities. Kuzman stated that applicants would come to the Board for a review to see if the project meets requirements. The State has determined the Board cannot stop these projects from happening. There was a discussion about timeframes. Kuzman asked members to send comments to Leven to get started. Sign By-law amendments—Leven has discussed with Kyle Hinckle of the Chamber of Commerce. There was a discussion about how to move forward. Foley explained that some business people fear speaking up. (Retribution) Foley volunteered to would work with Hinckle and liaison with local businesses. Kuzman suggests getting a dialogue going with the business community. Taylor said there are a number of people in town who have issues dealing with the town. One suggestion was for Kuzman and Leven attend a chamber meeting. Spring TM 2012 Definitions, Use Tables and Parking— Leven explained and will send to McMullen for review. Scenic Roads: Barnard is working on this. He will work with Bob Bersin. WT by-law amendments:T aylor suggested waiting to hear from CCC. Leaning asked if we get updates from the BOS regarding the CVEC appeal to The Board of Utilities. Foley said the paperwork has not yet been filed by CVEC. Page 4 of 7 PB Minutes 5-25-11.doc PB 052511_audiominutes,video available from Planning Dept. Planning Projects Underpass Road: Review mixed use zoning. Foley suggests bringing it forward. Barnard stated it is a major undertaking. Local Comprehensive Plan (LCP): Foley said it was done in the 1990's. It has never been completed and accepted. If this Board wants to work on this, then go ahead. Leven has been reviewing it. Kuzman suggested action items to move this ahead. Leven explained further. It is a guide to direct the town forward. It is a vision statement for the town. She explained a suggested process of working with the other department heads. Leven shared several examples. Kuzman asked who provides the vision for the town. Leven said there were surveys done. They are over ten years old now. Leven explained the Board should look at the LCP and define priorities. It is a big undertaking. Kuzman would like Board members to review the LCP. It is in the Planning department for viewing. Leven will look into putting it on CD and distributing to the Board in the next packet. Taylor noted that the CCC has changed its parameters since this LCP was done. The Board should review at the CCC web site. Read the regional policy plan. Leven will forward the Board the Link. Barnard asked if the LCP could be worked on in sections. Leven explained it has to be completed as one plan. Leven will send vision statements from towns like Harwich. Leven said that demographics and land use are usually done first. Taylor mentioned Site Plan Review and the question from John O'Reilly. Leven will follow up. Question from audience: Kathy Sherman Leven explained a section was lost in the revisions put forward. It is regarding noise from the DPRC document. Taylor will email Kuzman the email message sent today from Kathy Sherman. FORMS REVIEW Site Plan Review Special Permit Application and Special Permit Findings/Checklist DPRC text to be added? Leven will look into it. Members to review forms for the next meeting. Kuzman asked about a Staff Review application. Leven explained that when it goes into effect there would be an application, brochure, poster, etc. It is not done through the Board. Collum and Kuzman expressed that they would like to review the application, brochure, poster, etc. Other Business: Review Minutes of 4/27/11 Taylor made a Motion to accept as amended Collum Second Vote, All Aye 6-0-0, McInerney abstain *Moore, send summary of OML training to the Board Taylor requested we ask Town Counsel to provide OML training for the Planning Board. Foley explained that re-appointments are taken up by the BOS chair in early June McMullen recused himself from Executive Session discussion. Barnard made a Motion to open Executive Session to discuss ongoing litigation Leaning Second Roll call Vote: Collum Aye, Barnard Aye, Leaning Aye, Taylor Aye, Kuzman Aye, McInerney Aye. They Board went into Executive Session to discuss ongoing litigation at 8:50 pm and came out at 9:05 pm. Page 5of7 PB Minutes 5-25-11.doc PB 052511_audiominutes,video available from Planning Dept. Leaning made a Motion to adjourn and close executive session, Taylor Second. All Aye, Vote 6-0-0 The meeting ended 9:05 pm Next Meeting:Wednesday, 6/08/2011, 6:30 pm,Town Hall Respectfully submitted, ir c \Loci.A.,John Le..ping/Clerk Kelly Moore/Sr. Depart k nt Assistant Page 6 of 7 PB Minutes 5-25-11.doc PB 052511_audiominutes,video available from Planning Dept. Planning Board Action Items Post 5/25/11 meeting Updated: 5/26/11 CASE# ACTION OWNER DUE DATE REFERENCE CURRENT Rules and Regulations. NRPD applications Send Board revised versions of Leven 6/8/11 rules, regs. NRPD applications include waiver provision. DIS Form Verify CCC technical bulletin/standards for Verify at CCC Meeting Taylor Pending Wind Turbines Technical bulletin in 6-7 months. Road Inspection Process Create a revised draft of the rules Leven 6/8/11 &regulations including fees and share with Board Road Regulations Send road regulations Road Leven Pending Review Committee for comments Agricultural Use Send the Board the court case Leven Done Giuliani Case,ZBA from the Attorney General re: agricultural use.Town of Concord, Signage FALL TOWN MEETING 2011 Solar Array by-law Solar Array Panels—utility scale Board Need to definition Members be compare complete Review model by-law from State and by Mid and Mashpee's by-law provide August *Leven sent by-law to Board comments to Leven Manufacturing Draft a rewrite zoning law 179-40 Kuzman " (Manufacturing), E Send information to Kuzman Leven 6/8/11 Agriculture Propose changes to the table of Leven uses to allow farm stands in RM Taylor SPRING TOWN MEETING 2012 Definitions, Use Tables and Parking Send current version to McMullen to Leven Pending review. Scenic Roads Review and make suggestions. Barnard Pending Work with Bob Bersin. Wind Turbine by-law amendments Wait to hear from CCC Pending PLANNING PROJECTS Underpass Road Review mixed use McMullen, Pending Leaning Local Comprehensive Plan (LCP) Send Board the current LCP Leven 6/1/11 (CD in next packet) Review CCC regional policy plan online, Leven will send link to ALL 6/1/11 Board MISC: Site Plan Review Questions from J. O'Reilly Follow up with John Leven Pending Site Plan Review Special Permit Application Add DPRC text? Leven Pending and Special Permit Findings/Checklist Members review the forms Board 6/8/11 Members Forward email from K. Sherman to Kuzman Re: Noise, DPRC Taylor 6/1/11 Page 7 of 7 PB Minutes 5-25-11.doc PB 052511_audiominutes,video available from Planning Dept.