HomeMy Public PortalAboutPlanning Board -- 2012-02-22 Minutes oomililioo
Brewster Planning Board
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Approved: 3/28/12
Vote 4-0
TOWN OF BREWSTER MINUTES OF PLANNING BOARDf'
REGULAR SESSION MEETING MINUTES
Wednesday February 22, 2012 at 6:30 pm
Brewster Town Office Building
Chairman Kuzman convened the Planning Board meeting at 6:35 pm in the Brewster Town Office Building with members:
Elizabeth Taylor, Suzanne McInerney, Bob Barnard, and Scott Collum present.
Absent: John Leaning, John McMullen
Other Attendees: Sue Leven
Documents: Dept. Review Brewster Pizza, 02-22-12_A. Letter from Abutter, 02-22-12_B Copies of the by-law amendments 02-22-12_C
Recording or Taping Notification
"As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting. In addition,if
anyone else intends to audio or video tape this meeting they are required to inform the chair."
A video tape recording is available.
Public Hearing,6:30 pm ,Continued from 2/8/12:
Use Special Permit
#2012-03 Applicant: John Tsiareas (Brewster Pizza),2655 Main Street,Map 15 Lot 107(New Map 89 Lot 18), in
the VB zoning district. The applicant is requesting a Special Permit pursuant to Massachusetts General Law's c.
40A, Section 9 and 11 and the Town of Brewster Zoning By-Law, Article IV, Section 179, Use Regulations, Table
1, Retail and Service, 3.1 (Restaurant, limited service) to expand bar/lounge and pick up food area.
David Reid represented Brewster Pizza. Stamati Tsiareas approached the Board. Reid provided background for the Board.
The previous special permit(COPD)was granted in 2009. A neighbor appealed to land court and they have been in
litigation since then.
April 2010- Land court ruled a special permit was required but it was determined they did not apply for a Use Special
Permit. (Special Permit to expand non-conforming use or a new Special Permit). Staley met with Brewster Pizza and he
met with Town Counsel. They determined the applicant should come back to the Planning Board. Reid clarified there is no
request to expand the existing business. It is already expanded as of the 2009 Special Permit.
In summary: floor plan and site plan of plaza were submitted.
No exterior changes proposed. There are some interior modifications.
Increase seating 46 to 66 in combined units
1 kitchen, accessible from both units
Hours of operation have changed. Original pizza side 11 — 11 pm
After 2009 Pizza 11 —9pm and other side, 4— 12 pm
Before year round beer and wine, now all alcohol license but only seasonal
Takeout has not changed
No outdoor alterations, coolers, air conditioning units, no additional equipment or lighting
Customer still access from front
Entertainment license, generally once per week in summer
BOH reviewed and approved septic in 2009
Since appeal hired traffic consultant, determined with new expansion, there is 20 additional vehicle trips per pick hour in
evening. No environmental issues.
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Board Comments:
Kuzman read the department reviews into the record.
He read the letters from Victor Staley, Building Commissioner
Kuzman summarized the Special Permit request.
He pointed out 2 conditions from 2009-09 1) BOH, 2) DPRC meeting
Taylor asked about extending non-conforming use. Leven and Reid explained it is allowable by Special Permit.
Taylor asked about staff training regarding serving alcohol. Stamati explained staff is sufficiently trained. He can add TIP
training.
Barnard clarified the request is Special Permit for Use unit#26, unit#28. Reid explained further. Staley recommended one
business=2 units. It will be one conforming restaurant use. Change of use for#26.
Barnard asked about clarification of the entertainment license. Reid provided a copy of the license to the Chair.
Barnard stated he is comfortable with the 2009-09 permit. He clarified seating capacity.
Taylor asked about hours of operation on entertainment license
McInerney asked about big sporting events. She inquired about how crowded it may become.
Reid explained they would be limited like any other restaurant. They could close down the Pizza restaurant side.
McInerney asked if Taylor was satisfied with the comments about wetlands. Taylor confirmed.
Public Comments:
Peter Farber representing Meredith Baier, abutter on the east, directly behind Brewster Pizza.
There is a Land Court Hearing 3/8/12. Farber stated the petitioner is doing a"work around" before the hearing and
suggested the Board request a continuance for after the 3/8 hearing.
Farber asked if the Board received 4/6/11, notification was received.
Leven stated the Board is current with this case. Town Counsel is aware this meeting is taking place.
Farber stated unit#26, is not allowed to be converted to a sports bar and the Judge stated to abandon use in#28
Leven explained to the Board that there is no reason not to go forward this evening. Leven and Kuzman discussed.
Farber asked if Mr.Tsiareas had abandoned use. Leven explained further. Originally COPD. Land Court Judge said there
should be a Special Permit as well.
Farber explained one Special Permit to establish new use in#28, abandon previous use, establish new use in#26 and
#28.In the application this is not addressed. Abandon the previous use.
Farber distributed April 2011 order. Farber stated the application in front of you is not conforming to this order.
Farber read from the order-The Board discussed this further.
Leven asked Farber about abandonment of use. Farber said starting from scratch. There was further discussion.
Farber stated abandoning pre-existing non conforming to conforming.
David Reid
Reid stated it does not say they have to abandon use, "status" a new Special Permit for both units.
3/8/12 hearing is to dismiss the first case, nothing to do with this application.
Farber disagreed.
Farber's Concerns:
By-law establishes the Planning Board as the Special Permit Granting Authority issue.
Leven explained this was discussed with Counsel. Building Commissioner and Counsel decided this should go to the
Planning Board.
Farber referenced- 179-51, COPD, a 2nd special permit is required to establish use from BOA, and 179-51 Applicant may
file a single combined Special Permit application. This is not a single combined Special Permit application.
Kuzman and Leven do not agree. Leven explained this is a completion of the original application.
Farber asked if Town Counsel has put this in writing. Leven welcomed a request.
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Farber said the by-law speaks for itself and the judge's order speaks for itself. He stated this is not properly presented to
the Board.
Farber stated the Board must address all the criteria under 179-51 A.
#8 Checklist, Farber questioned the landscaping.
Barnard explained that landscaping was addressed previously. There was continued discussion about permitted use.
Farber commented further on 179-51, adequacy of sewage disposal. Leven and Kuzman stated this was previously done.
Kuzman explained it is the responsibility of the BOH.
Farber commented further about title IV.
66 seat restaurant, 2310 gallons per day, twice what this system was designed for. That was 44 seats, not 66 seats. Farber
is concerned about#9 on checklist.
McInerney is concerned about hearing it improperly. She requested a call to discuss the voting. Kuzman asked for
comments. Collum, move forward, some of Farber's concerns were addressed. Collum defers to counsel's decision
Barnard agrees. Taylor asked Town Counsel to review the decision; Leven agreed and wants something from the BOH in
the record.
Collum asked about combining businesses, non conforming to conforming, and name of new business?
Applicant explained that it is the same name.
There was no other public comment.
Kuzman read a letter from an abutter into the record. Mark Devin. 37 Seeward Lane
He is concerned about noise in the parking lot and open doors and windows in the summer. He asked questions about
noise by-laws and enforcement.
Farber stated his client has the same complaints.
David Reid
Reed explained he was not able to contact Mr. Devin. He stated the applicant is not expanding further. There were two
occasions with loitering and the applicant called the police.
He addressed the noise. Doors and windows are closed in summer. Reid disagrees with Farber regarding the septic
system. There is adequate method of sewage disposal. It was reviewed and approved 7/7/09 by BOH. Reid submitted
paperwork for the file.
Reid commented about landscaping. It requires you consider suitability of landscaping. See Checklist—some of these do
not apply. By-law requires that the Board consider the present landscaping. Reid has communicated with Town Counsel.
Reid believes they are doing exactly what Town Counsel, the court and Staley have requested.
Barnard made a Motion to close public hearing Collum Second, All Aye, Vote 5-0
Conditions:
Taylor requested that windows and doors remain closed
BOH approval attached to the decision
Plans provided as part of the record
Town Counsel to review the decision
*Taylor requested further information from the BOH regarding seat capacity. Letter stating system, approved changes.
Leven commented on the BOH paperwork. She questioned the seat count. Minutes inconclusive
Leven will discuss with Health Department.
The Entertainment License was discussed. (Noon to midnight. BOS)
Leven explained further.
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Taylor made a Motion to draft a favorable decision to approve at the next meeting 3/14/12 for#2012-03, Use Special
Permit, including conditions and review by Town Counsel, John Tsiareas(Brewster Pizza), 2655 Main Street, Map 15 Lot
107, Barnard Second, All Aye, Vote 5-0
Proposed Town Meeting Articles:
Kuzman explained that the Scenic Road by-law was deferred to the fall.
The Public Hearing will be held for consideration of Zoning and General By-law amendments to be submitted as 7 separate Articles on
the Town of Brewster's Annual Town Meeting Warrant. The proposed Zoning and General By-law amendments are as follows:
1. ZONING BYLAW AMENDMENT/Definitions
ARTICLE NO. 1: To see if the Town will vote to amend Section 179-2, Definitions, by deleting the existing text and replacing it with
new text.
The Board discussed this further. Changes only are included in the document.
On-line version is full text and does not differentiate from what is new and what exists.
Public Comment:
Kathy Sherman
Sherman asked about deletion of dwelling one family with accessory apartment. Leven stated this existed prior to
affordable.
Sherman asked about lot frontage and clarification of the significance. Leven, this is addressed in another part of the
by-law.
Sherman asked about Power Plant, other types, and pump storage. Leven, wind and solar have specific by-laws, others
do not.
Dave Peterson, Director CCSC, Linnell Landing Road.
Peterson asked about Camp and Children's Recreation, day camp, non or non-profit, not residential.
Leven explained it is now day or overnight camp. *CCSC met with Leven.
Peterson addressed incidental camp usage -Camp meetings, (add accommodation) use, nature of resident camp.
Barnard made a Motion to recommend Zoning By-law Amendment/Definitions, Article No. 1 as amended toTown
Meeting, Taylor Second, All Aye, Vote 5-0
2.ZONING BYLAW AMENDMENT/Use Regulations
ARTICLE NO. 2: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179,Attachment 1,Table 1, by
deleting the existing table and replacing it with a new table and supplemental regulations.
Public Comment:
Leven added solar array on private property approved November Town Meeting. Page #3.
Kathy Sherman asked about noise in the use regulations (100 dcb)
**Site Plan Review—for fall.
Barnard made a Motion to recommend Zoning By-law Amendment/Use Article No. 2 as amended to Town Meeting,
Taylor Second, All Aye, Vote 5-0
3. ZONING BYLAW AMENDMENT/Off-Street parking and Loading
ARTICLE NO. 3: To see if the Town will vote to amend Section 179,Article VII, by deleting the Article in its entirety and replacing it
with a new section.
Addition - Leven, PB has authority to waive any requirements set forward in table#4. (If parking is overkill for their use.)
Under children's camps, use buses to transport campers and staff. Add sentence for camps transporting at least 20%
campers by bus the PB will work with the camp.
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W..
Leven - page#6, parking lots of more than 20 spaces, requiring a paved surface leading to the parking lot, address area
where it meets the street. Barnard stated just apron area. DPW recommends 20 ft. Leven can modify.
Dave Peterson, CCSC
Concerned about a camp, and number of parking spaces if exceeds 25%.
Leven explained 25% of total of the overall site or facility vs. a structure or unit.
They may have 50 structures. 25% of total facility
1 space per 3 campers, no one will probably comply. Maybe 1 per 6.
Leven explained that the majority of these formulas came from other towns. Main issue is maximum capacity of the site.
Board agrees 5 or 6.
Peter Johnson, Stony Brook Rd.
Urges Board to go to 6, Board agreed to 6.
Rob Slaven, Cobies Restaurant, Rte. 6A
Prior to this by-law grandfathered? Clarification requested.
Leven existing use with parking plan, it remains the same.
Changes to use, expand, add seats, rearrange parking lot, the by-law would apply with site plan review.
Leven explained further. You may have reasons to negotiate with the Board.
Table#4, in general the establishments meet these guidelines or do not. Leven some do, some do not.
Definition of per unit, bottom of table four
Leven will remove per unit, prior regulations it was for specific business.
Or anywhere that unit is included.
Andrew Singer
If the site is making changes and coming for site plan review, heard Leven say that even in those situations, the
Planning Board could waive table 4 or table 5.Address on a case-by-case situation.
Barnard made a Motion to recommend Zoning By-law Amendment/Off Street Parking and Loading, Article No. 3 as
amended to Town Meeting, Taylor Second, All Aye, Vote 5-0
4. ZONING BYLAW AMENDMENT/Farm Stands/Greenhouses
ARTICLE NO. 4: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179 Attachment 1, Table 1,
Agriculture,2 (Year-round greenhouse or stand for wholesale or retail sale of agricultural or farm produce)and 3(Year-round
greenhouse or stand) by adding a"P" under RM and I,and by adding a"S"under VB for Section 179 Attachment 1,Table 1, 2(Year-
round greenhouse or stand for wholesale or retail sale of agricultural or farm produce).
Leven added the word "farm" before"stand" under revised text. There was no public comment
Collum made a Motion to recommend Zoning By-law Amendment/Farm Stands Greenhouses Article No. 4 as amended
to Town Meeting, Taylor Second, All Aye, Vote 5-0
5. ZONING BYLAW AMENDMENT/Non-Conforming Lots
ARTICLE NO. 5: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179 Article VIII (Nonconforming
Uses, Structures and Lots), Section 27, Reduction or Increase, by adding a new paragraph B and renumbering subsequent paragraphs.
Leven provided summary. She explained the concern from a resident regarding "by right"
Leven suggested change in the net area of the lot. She read suggestions from Andrew Singer.
Andrew Singer explained further. He provided an example.
Collum made a Motion to recommend Zoning By-law Amendment/Non Conforming Lots, Article No. 5 as amended to
Town Meeting, Taylor Second, All Aye, Vote 5-0
*These by-laws will be revised and added to the web site.
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6. ZONING BYLAW AMENDMENT/Swimming Pool Fence
ARTICLE NO. 6: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179 Attachment 1, Table 2,
Note 7, by deleting the last sentence.
Leven provided summary. The Building Code deals with swimming pool fences. Requested by Staley.
There was no public comment
Collum made a Motion to recommend Zoning By-law Amendment/Swimming Pool Fence Article No. 6 to Town Meeting,
Barnard Second, All Aye, Vote 5-0
7. GENERAL BYLAW AMENDMENT/Scenic Roads
ARTICLE NO. 7: To see if the Town will vote to amend the Town of Brewster General By-laws Chapter 157,Article IV in its entirety
and replacing it with new text.
*This by-law was moved to the fall at last meeting.
Review Minutes from 1125/12
Minutes were not reviewed. They will be reviewed at the next meeting.
Topics the Chair did not reasonably anticipate
Barnard made a Motion to Adjourn, Collum Second,All Aye, Vote 5-0
The meeting ended at 8:30 pm.
The next meeting is 3/14/12, Public Hearing, 7:00 pm.
Respectfully submitted,
4
•
01 -
Joh Leaning/Clerk Kelly o a' . D.'art -ntAssistant
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