HomeMy Public PortalAboutPlanning Board -- 2013-01-23 Minutes Brewster Planning Board
o�sws 2198 Main Street
of Var r Brewster,Massachusetts 02631-1898
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Approved:3-13-13 BREWSTER TOYN CLERK
Vote:5-0-1 McMullen abstains
TOWN OF BREWSTER PLANNING BOARD
MEETING MINUTES '13 tIAR22 3137Pti
Wednesday January 23, 2013 at 6:3o pm
Brewster Town Office Building
Chairman Scott Collum convened the Planning Board meeting at 6:37 pm in the Brewster Town Office Building with
members: Rick Judd,William Hoag,Jason Klump,John Leaning, and Elizabeth Taylor present.
Absent:JOhn McMullen
Other Attendees:Town Planner,Sue Leven Town Counsel, Sarah Turano Flores,Attorney David Reid,Attorney Peter
Farber, Selectman Ed Lewis
Documents:012313_A Article VI,Signs Draft for Discussion from Leven.
Collum read the 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."
6:30 pm Manning Discussion
1.#2013-03—Request for a Waiver of Site Plan Review Special Permit
Brewster Cemetery Association, represented by Robert M.Williams, Location: 0 Lower Road, Map#49, Lot#106,
(Formerly Map#18, Lot#7) located in the RM Zoning District.
Collum read the description.Taylor recused herself from the discussion, as she is a member of the Brewster
Conservation Trust,which is the abutter.
Bob Williams was present. He is the Chair of the Cemetery Expansion Committee.
He explained to the Board that he had received a letter from Victor Staley regarding the new regulations in place.
He introduced Keith Fernandes,from J. M.O'Reilly Associates and Peter Childs who is an arborist and completed the
tree inspection.
Tino Kamerck, President of The Cemetery Association presented a brief summary to the Board.
Kamarck apologized for the timing of the request.Work for the expansion has already begun.
Staley informed them of the procedural requirements for clearing 10k sq.feet of land.
He stated they are not building anything.They are relocating private road.They have completed community outreach
with abutters,and people who live on Cemetery Road.The Brewster Conservation Trust(BCT) is supportive of the
plans.They negotiated a buffer between the road and property.
Childs walked the property line, so the roadwork will not damage existing trees.
Kamarck explained they made sure the stakeholders and community had their concerns addressed.
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Judd stated that a significant amount of trees(26) has been saved. He asked about the letter page 2, paragraph 3,JM
O'Reilly letter was showing 7 ft, not 10 ft.
Williams''explained the BCT requested 10 ft.They have to have"pull outs"for passing cars.
Judd seen great benefits to the project.
Hoag made Motion to accept the request for a waiver of Site Plan Review for#2013-03 Brewster Cemetery Association,
0 Lower Road, Map 49, Lot 106 in the RM Zoning District,Judd Second,All Aye,Vote 5-0.
Taylor rejoined the meeting.
2. Informal Discussion—To discuss the proposed ANR Subdivision located in the Natural Resource
Protection District. Helen Baldwin, represented by Keith Fernandes of J.M.O'Reilly and Associates, Location:86
Earthbound Cartway, Map#13, Lot#2, (formerly Map#38, Lot#3) located in the RL Zoning District.
Keith Fernandez from J.M.O'Reilly and Associates was present.
Collum read the letter from JM O'Reilly and Associates requesting a continuance of the Information Discussion to the 2-
13-13 meeting.
Kiump made a Motion to accept the request for a continuance of the Informal Discussion for 86 Earthbound Cartway,
Judd Second,All Aye,Vote 6-0.
The Board discussed the following topics before the Public Hearing at 7:00 pm.
Moore explained there is a need to review the current fees.There is a $50 fee for an Informal Discussion with the
Board and no fee for a request for a waiver of Site Plan Review.She asked the Board to review the fees and discuss at a
future Meeting.
Judd mentioned signage on umbrellas. He shared an example from Florida. He has looked at other town's web sites. It
is sometimes counted as advertising. (Florida,Somerville, Hartford)
Collum asked about the wind turbine at WH Besse Cartway. Moore explained that Dr. Eten had stopped by the office
two weeks ago and told Leven he was turning the turbine on. Leven asked to be notified when the testing begins.
Leven has talked to abutters.
Review minutes of 11-14-12
Judd made a Motion to approve the minutes of 11-14-12 as written,Taylor Second,All Aye,Vote 6-0,
7:00 pi PUBLIC HEARING
Site Plan Review& Use Special Permit
#2013-02 Applicant:John Tsiareas, d/b/a Brewster Pizza, 2655 Main Street, Map 89 Lot 18
(Old Map 15, Lot 107) in the VB Zoning District.
The applicant is requesting:i)a Site Plan Review Special Permit pursuant to Article X,Section 179-51,and Article XII,Section
179-63 through 179-67B of the Town of Brewster Zoning By-Law,as well as, Massachusetts General Law's c.40A,Section 9
and 11;II)and a Use Special Permit pursuant to Article IV,Section 179-11,Article XIII Section 179-25B,and Article X,Section
179-51 of the Town of Brewster Zoning By-Law,as well as, Massachusetts General Law's c.40A,Sections 6,9 and 11.The
Applicant proposes to expand a pre-existing,non-conforming restaurant/lounge use currently housed in one condominium
unit into an adjacent condominium unit,where restaurant/lounge use has not been previously established.The expanded
space is proposed to house a bar and eating/waiting area.
Collum read the legal description.
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The following people were present at the meeting for the Brewster Pizza special permits.
David Reid,Esquire— for the applicant.The applicant was also present as well as the new owner of Foster Square.
Peter Farber, Esquire—for the neighbor, Meredith Baier
Meredith Baier was present. Sarah Turano Flores, Esquire was present for the Town.
David Reid explained to the Board that the units are not condominiums as stated in the advertisement.
He acknowledged receipt of correspondence.There is new ownership of Foster Square and they should be able to satisfy the
needs and concerns of the neighbors.The Board discussed whether or not McMullen would recuse himself again.There is a
new owner of Foster Square.
Reid asked for a continuance to 2-13-13 so they may present conditions and terms to the Board.
Reid explained if the meeting is continued further they will waive time constraints and will contact the office.
Collum stated it is good news for the neighbors.The Board discussed the next available meeting dates.
They decided on 2-13-13.
Hoag made a Motion to accept the request for a continuance of#2013-02 Brewster Pizza,2655 Main Street, Map 89, Lot 18
in the VB',Zoning District to the next meeting, 2-13-13.Judd Second,All Aye,ysig 6-0.
7414. .. r µ;. br 4 41: ., ;v n °r at Y f1 v ^ e r
Discuss by-laws for Spring Town Meeting,Signs and Parking
The Board decided to discuss Signs.They discussed the public hearing dates.
They picked up where they left off at the 1-9-13 meeting.They held a lengthy discussion lasting two and a half hours.
The Board decided to schedule two work session meetings 2-6-13 and 2-20-13 to finish work on the Sign and
Parking/Loading by-law amendments. Leven met with the Finance Committee at 6pm to explain the proposed changes
so far.
The Finajnce Committee is sending comments to Leven by 2-1-13.The Board will hold a public hearing for the by-law
amendments in March. Leven will check with Sumner regarding deadlines for Town Meeting. Public hearing could be
the first meeting in March.
Topics covered for Signs:
1.) Awnings and Umbrellas(exemptions from permit requirements)
A.Leven stated if the awning includes the business name then it is an ad. If it is not advertising for the business
then it does not count. Leven asked if the Board agreed.
E.Judd stated it is a grey area for local businesses. He shared an example for Palm Beach, Florida. If the business
is included,even if not the full business name, it should be considered advertising. If the business sells Coca
Cola,and uses the name, it should not count as advertising.
C. Collum added vendor umbrellas should be allowed. Business names,graphics or logos are considered signage.
D. Leaning stated generic symbols such as a lobster or ice cream cone is not advertising.
E. Klump thinks any graphics should count.Anything other than vendor provided graphics should count.
F. Leven explained an advertised product is different from product graphics.
G. Collum believes if it includes the business name or logo it is advertising.
The Board discussed the location of umbrellas. Various examples like Ocean Edge Villages and the Ocean Terrace were
discussed. Leven read the definition of a sign. Is the sign viewable from a public way? Collum and Klump were in favor
of exemption.
H. Hoag asked about the Historic District regulations for signs.
L Leven explained they have authority over all signs within the district.There are big differences. It should not
have an impact on what the Board does with the signs by-law.
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Leven offered to email the HDC regulations to the Board.She explained that Old Kings Highway include other
towns and more than Rte 6A.They supersede whatever the Board does.
Leven summarized the HDC's regulations. HDC does not like "A"frame signs. "A"frame signs have to be in the
by-law first. Leven explained that HDC does not over ride the by-law but they can be more restrictive.
J.Taylor asked about being more restrictive.They discussed further.They can be more restrictive.
K'r Collum is in favor of awnings as an exemption.
The board decided awnings would have regulations.They are in favor of the current definition.
2.) Prohibitive Signs
A.Animated—Y
B.Zipper—Y
Leaning—are municipal signs exempt? (Board does not like the large message sign used by Fire and
Police)
C. Flashing—Y
3.) Regulations for specific types of signs
A. Leaning questioned square footage.
B. Most A frames are a specific size. 3'x 5'?
G.Taylor questioned illuminated signs.
D. Leven read illuminated signs, 179-20 E.
E. Internally light sign—Prohibit?
F. Klump-Why is there a problem?
The Boalyd discussed internally lit signs, like or dislike. (i.e. light box)
G.Taylor was not in favor of outside or inside internally lit signs.
H. Leven stated the by-law was written by business not district.
(Post Office sign, internally lit, but the post office is exempt from zoning)
The Boa;lyd discussed externally lit compared to internally lit.They discussed different types.
Examples were shared: Post Office, internally lit sign -CVS Harwich, window internally lit signs
Stop and Shop has backlit signs. Letters backlit signs,different type of lighting
The Board decided to table this discussion to the next sign by-law discussion.
4.) Banr?ers used for Town functions
A.The Board of Selectmen currently regulates these. Leven suggested leaving it.
5.) Municipal Signs—regulated
A. Collum believes municipal buildings should be limited to the same rules as commercial businesses.
The Board discussed different signs used by the Town.
6.)Changeable copy signs
A.Hoag asked if it should count towards total square footage.
B. Leven stated yes, if it is an advertising event.
Collum is in favor of it. He suggested removing municipal. It should count towards square footage,and
"A"frame.
Q. Klump asked if permanent or temporary
E. Hoag stated to include "A"frames in changeable copy.
The Board discussed dimensions. Some are permanent and some are temporary.
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F Permanent vs.Temporary—Leven will make edits.
G.8 sq.feet on each side?They continued to discuss size and shared examples of styles.
Leven stated you need a permit for any sign.
Removing C was discussed.
7.) Directional or traffic signs
A. Hoag suggested letting the building official decide.
B. Leven added just list size 2 sq ft in area
They discussed limiting the amount of signs.
C.Judd stated they should not limit the number of signs.
D. Klump added it is different for each business depending on the size of the property.
Klump stated the building official sets the number of signs.
E.Collum thinks limits are important as they keep the town's character
F,Judd stated that preliminary reviews handle the number of exits,access,signs. New businesses with special
concerns can discuss with the Board.
G. Leaning questioned "D"—Police review.
H. Collum—Police can comment.
They decided to keep the building official statement.
8.) InterPretive Displays
Leven provided examples—Grist Mill, on left—table sign,tilted, and explains significance of property.
National Seashore has many.
They discussed kiosks in the Punkhorn. Leven will work it in. Taylor will find out what they look like. She will ask Victor
Staley and Chris Miller.
9.) Intersection island signs
A. Klump believes they should not permit them.
B. Hoag believes they should be included.
C. Leven gave examples, Brewster Garden Club. EFFI,Town of Eastham
D.Judd,Yes.Good for the group,volunteers, 1 sq. foot.
E. Leaning stated it encourages people to maintain the area.The sign should be small.
F. Klump was in favor of a height restriction. (On the ground, not higher than one foot)
Klump explained in CT they are all same and done by the Town. (Maintains character)_
G. Hoag believes this is over regulating.They discussed further with Leven.
H.Collum asked if they should make it an exempt sign. (Collum yes)
I Board agrees to remove this from the draft.
10.) Nurrerals identifying street numbers and/or letters....
A.Check with Fire Dept.
Klump is in favor of both sides of mailbox and on the door
B.Not everyone has mailboxes. On house, is usually a part of the certificate of occupancy?
The Board discussed removing this.
11.)Municipal signs,additional requirements
The Board discussed having the same requirements as commercial/business signs.
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They discussed examples like the Police and Fire Stations.
The Board discussed blue and red lights.They discussed location and visibility since the police station is set back from
the road.
A',Taylor and others were in favor of a blue light or an internally lit sign.
B They discussed water signs.
C Size-nothing near 48 sq.ft.
They talked about the Golf Course signage at Freeman's and Route 137.
Signs for public hearings were discussed.
12.) Open Flag
A. One open flag per business
S.Size-3'x 5'—Leven will check.
13.) Political Signs
A. Can restrict them.Size and duration.
The Board discussed location, size, and enforcement.
B.graduation signs, no size limitation
C. Don't restrict size unless restricts line of sight.
D.Remove text after the "owner."
The Board discussed political signs that are up for a long time.
E. Remove after 7 days.
14.)Quarter board signs
The Board discussed size limitations.
A.Residential quarter boards are exempt.
B. Leave definition and exemption for residential.
15.) Real',Estate Signs
The Board discussed "just sold" and "under agreement"
A.Off market or within 7 days of sale.
B.They discussed size. -9 sq. ft.
C.Judd expressed concern that commercial real estate signs are too large.
They discussed subdivision signs. Size. 4' x 4'—16 sq. ft.
Board suggested 12 sq.ft.
16.Subdivision, Lot Signs
They should the#of lot and location.
A. Collum, 3 years.
The Board considered 1 year.They decided 3 years.
17.Temporary Signs
The Board discussed duration, extensions,types, and (RE sign might be included in Temp.)
18.Window Signs,Temp.Window Signs
Is it considered advertising?
19.Special Event Signs
Leaning stated this has been covered already.
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The Board decided to save this topic for a later discussion. Check when this was passed. What year?
It was suggested to remove special event signs and combine with town and community event signs.
Town and community event signs-- Remove certificate of appropriateness.
20.)Temporary signs on municipal property were skipped.
A. Leven shared an example. Harwich.
B.Collum shared an example from off cape,a nonprofit in Norwood.
Scouts, Brewster Whitecaps, etc.
C. Remove?
D.What can be on Town property?Cannot restrict.
The Board agreed.
21.)Visitor information Signs
A.Chamber of Commerce, Rotary Club or Kiwanis
1Jhese signs advise public of the availability of information.
22.)Welcome to Brewster Signs
d. Collum-Any size, location
They discussed stone markers in-between towns.
C.They should not exceed 10 sq. ft
O. Remove colors, Max. of 8 ft.tall
They mark entrances to the Town.The Board discussed locations and sign height.
Topics the Chair did not reasonably anticipate
1.Wind turbine at WH Besse Cartway—Dr. Eten will contact Sue about the testing. Leven confirmed the turbine is on.
Leven sent an email message. She has heard from abutters.
Leven asked the Board if they want an updated version of the sign by-law.The Board decided yes.
Leven will be sending the Board two changes to the zoning related to special event venues.
Klump made a Motion to adjourn, Leaning Second,All Aye,Vote 6-0.
The meeting ended at 9:41 pm.
The next regular meeting is 2-13-13 @ 6:30 pm.
Work session meeting will be 2-6-13.
Respectfully submitted,
fitL)
William Hoag, Planning Board CI:rk Kelly Mo re,Seni ept.Assistant-Planning
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