HomeMy Public PortalAboutPlanning Board -- 2013-02-13 Minutes Brewster Planning Board
00,0mook 2198 Main Street
`wer.
o*,e,a'°rg�t Brewster,Massachusetts 02631-1898
`•• (508)896-3701 ext.1233
o ! FAX(508)896-8089
r
Approved:3-27-13
Vote:7-0
TOWN OF BREWSTER PLANNING BOARD
REGULAR MEETING MINUTES
Wednesday February 13, 2013 at 6:3o pm
Brewster Town Office Building
Chairman Scott Collum convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with
members: Rick Judd,William Hoag,Jason Klump,John Leaning,John McMullen, and Elizabeth Taylor present.
Other Attendees:Town Planner,Sue Leven,Attorney David Reid,Attorney Peter Farber,Selectman Ed Lewis, Meredith Baier, Mark
Devin
Documents:021313_A Letter from J.M.O'Reilly and Associates
021313_B signs,parking,special event venue drafts
021313_ClLetter from BOH and Traffic consultant report.
021313_D Email from Andrea Baerga, Email from Bob and Elaine Davis, Email from Jennipher Ray, Email from Julie Mitchell,Email
from Steve and Sylvia Allen.
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 tianning Discussion
1.Refer honing by-law amendments for Spring Town Meeting to Board of Selectmen
Leven explained this is required for scheduling purposes.
Taylor made a Motion to refer Signs,parking by-laws,and Special Event Venue to the Board of Selectmen to be sent back to the
Planning',Board for public hearing 3-13-13, Leaning Second,All Aye,Vote 7-0.
° 2.#2013}04,ANR
Don Poole,Outer Cape Land Surveying, representing the applicant:Town of Brewster, Location:384 Underpass Road, Map 76, Lot
22,(Formerly Map 16, Lot 80-2) located in the CH Zoning District.The purpose of the ANR is to create two lots to separate
ownership.
Don Poole was present.Collum informed the Board he does business with Mr. Poole. Poole explained that he and Collum share
common clients. Poole provided a summary for the Board.The purpose of the ANR is to separate ownership of the lot.This allows the
Recreation Commission to control the tennis courts and the school to remain in control of the remainder of the land. The lots are not
buildable lots. Poole asked the Board for endorsement.
Board Comments:
Judd asked for a note on the plan that this does not imply conformance with zoning. "Endorsement of this plan does not constitute
conformance with zoning." Poole will add the statement to the plan.
Judd made a Motion to endorse ANR#2013-04 as presented to the Board, Klump Second,All Aye,Vote 7-0.
Page 1 of 10
PB Minutes 2-13-13.docx
3.Informal Discussion,Continued from 1-23-13
Keith Fernandes of J.M.O'Reilly and Associates,representing the applicant: Helen Baldwin, Location:86 Earthbound Cartway, Map
13, Lot 2,(formerly Map 38, Lot 3)located in the RL Zoning District.The purpose of the informal discussion is to discuss the proposed
ANR through the Natural Resource Protection Design by-law.
Collum read the letter from Keith Fernandes of J.M.O'Reilly and Associates informing the Board they do not wish to continue at this
time. Leven explained the language in the NRPD by-law is not clear with respect to ANR plans and might trigger an edit to the NRPD
by-law. It will be addressed at the next Town Meeting.
4.Release from Covenant and Final Approval;Luna's Way,Map 66(formerly Map 26)
Josh Acevedo,Owner's Agent,applicant: Other Side of the Road, LLC,—Release from covenant of Lot 11 and approval of the
inspection reports and as-built drawings.
Josh Acevedo,Owner's Agent for Other Side of the Road, LLC was present.
Collum aenounced he has done business with K&M Property.Acevedo addressed the Board.
Leven stated they did exactly what was asked of them.An engineer has stamped the inspections.The Board has an as built plan.
Board Comments:
Judd asked about underground utilities. It is crossed out.Town requirement removed. Acevedo explained Brewster Water
department did their own inspections. In addition, Nstar pulled wires and set transformers.
Leaning,asked about Keith Lane. He asked for clarification of the location of the road.
Acevedo stated lots are still available for sale.
Hoag made a Motion to grant release of covenant and final approval for Luna's Way,All lots,All Aye,Vote 7-0.
The Board signed the release.Taylor will sign tomorrow so the Town Clerk may notarize it.
7:00 pmPUBLIC HEARING
Continued from 6-27-12, 7-25-12,8-22-12,9-26-12,10-24-12,12-19-12
Site Plan;Review Special Permit
#2012-14 Applicant:Frank Mason, Lot 7,Independence Way(corner of Underpass Road),Map 76,Lot 33(formerly Map 27 Lot 2101-7),
in the CH zoning district. The applicant is requesting a Site Plan Review Special Permit pursuant to Massachusetts General Law's c.
40A,Section 9 and 11 and the Town of Brewster Zoning By-Law,Article X,Section 179-51 and Article XII Section 179-66 to construct
a 3,728 square foot automotive repair and service building with associated driveway, parking and site modifications,or in the
alternative,the same use in a building that includes a basement space with access from Independence Way. The basement would
include an overhead door to contain an area for vehicle parking,storage and automobile diagnostics.
Bob Freeman of Schofield Brothers Engineering and Frank Mason were present.
Freeman presented a revised plan based on Board input.They have scaled down the building, rearranged parking,and made the
entrance from Independence Way.The Police Chief has emailed to say the plan looks good.The building is 300 square feet smaller.
Freeman explained they have increased the retaining walls. He stated there are details to be worked out.
He explained there is no parking on the Independence Way side of the site. Problem-Green area required(25%)from site plan
review.They currently have 14%. He asked about a waiver or a variance.
o If Underpass Road were the front area,they would have 47%of green area.
o Utilities would be off Independence Way.
o There is grading required on Underpass Road side.
o Currently the space for a dumpster--looking at parking space
o Is Underpass Road a street line or sideline?He will be looking for relief.
Collum and Freeman discussed designation of a"front yard."
Freeman explained they would be coming back with finished plans once the site determined. (Landscaping, lighting,drainage,
septic)
Page 2 of 10
PB Minutes 2-13-13.docx
Collum addressed the 14%green space off Independence Way. Does the Board wish to grant a waiver?Is it possible? He noted a
great deal of effort has been put forth to satisfy the departments.
The Board discussed green space further.
Taylor questioned flexibility with a waiver.
Freeman stated under the Site Plan Review,parking design standards--landscape appearance.
Freeman read from by-law.
Taylor stated this is not a parking/loading issue.She said the Board does not do variances. Freeman stated it is within the Site Plan
Review.
Leven read from the by-law. Under regulations,cannot deny site plan if by use by right,but can impose reasonable conditions.
Leven stated bottom line,cannot make someone go to the Board of Appeals for a permitted use.
Taylor asked for further clarification.
Hoag asked Leven if Independence Way is a private road. He referenced public road, Pg. 107. The Board reviewed the by-law and
asked Leven questions.Taylor was concerned it is done right and that it could be easily appealed.
Leven stated the Oakwood residents might be happy to have landscaping closer to their property. Leaning asked if there is
landscaping at end of building near slope. Freeman showed him the plan and explained plantings.
Collum explained that at least 25%of front yard area should be vegetated. Front yard 15 feet in depth. He questioned the front
yard.
The Board discussed area further.
Collum asked if anyone was opposed to granting a waiver. No one was opposed to a waiver. McMullen added this is an unusual
site and a variance is not the way to go. Hoag and Freeman reviewed the large plan.
Taylor asked about green space. She was concerned about the correct process. Is the green space entirely his personal property?
Leven read from 179-65 regarding reasonable requirements.
Judd stated the applicant is going to lengths to do what the Board has asked.Judd agreed with granting a waiver.They all agreed to
a waiver,
Leven stated no waiver provision for green space.The Board will put something in a decision that the Board is aware there is only
14%on Independence,but 47%on Underpass Road.
The Board and Freeman discussed how you decide the front yard for a site.
Collum asked about 5-foot setback from sideline. He asked for comments.
The Board discussed the rest of the plan.
Taylor asked about the grading relative to Mr. Flaherty's property next door.She was concerned about grading on Town property.
Freeman stated grading should be allowed.Taylor thought he might need to ask Selectmen or Bob Bersin.
Leven explained this plan has not gone to the other departments yet.She reminded them written permission from the neighbors is
required.Collum asked Mason for a letter.
Taylor asked about a retaining wall next to Mr. Flaherty. Freeman showed Taylor on the plan. Taylor expressed concern about
erosion issues.She asked about the height of the building.The Board discussed further. Leven and Freeman explained they do not
have sections or elevations yet.The purpose was to show this updated plan to the Board and get feedback before attempting
further plans.
Page 3 of 10
PB Minutes 2-13-13.docx
Judd asked about proposed catch basins. He asked about function. Freeman explained stormwater would be piped on site to
underground leaching.They discussed further.
Judd asked if Freeman has done this type of grading with other Towns. He stated they would be compromising existing trees.
Judd is not comfortable with removing trees. He would prefer a retaining wall.Can you disturb lands that you do not own?
He questioned the mechanism. Collum stated Mason would need to address this with the Town. Hoag noted that DPW would
comment. Freeman will call Bob Bersin.
Judd asked about waivers from other departments. Freeman said no.
Klump stated he has gone over minutes. Re:grading and vegetation. If they are going to pay for it,then do it.
Collum and Hoag read emails from the abutters into the record.
1)Mr.Jon Ross and Mr. Brian Ladley, 106 Woodview Drive.They are opposed to the project,especially the second curb cut.
2)Mr. Roy Cruckshank,21 Woodview Drive. He is opposed to the project especially the traffic and scale of the building. He is not in
favor of the proposed entrance from Underpass Road.
Collum asked the Board for opinions.
Taylor asked if the basement was removed. Freeman confirmed yes.
Leaning rooted the applicant has made good progress and there are still some hurdles. McMullen agreed with Leaning.
Klump stated the project looks good to him. He noted if you move into a CH district,this is the risk you take.
Judd acknowledged positive progress. Hoag added the new drawings show good progress. If the Board can grant a waiver for green
space,then we should. Most place landscaping on the road. Collum agrees,looks good.
Leaning Made a Motion to continue#2012-14, Frank Mason to the May 8, 2013 meeting, Klump Second,All Aye,ygig 7-0.
Site Plar Review&Use Special Permit.continued from 1-23-13
#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.
McMullen recused himself from this next case and left the meeting.
David Reid, Esquire and Mr.Stamati Tsiareas(son of John Tsiareas)were present.
Reid presented to the Board. He summarized the location and the expansion.The applicant proposes to expand the existing
business into the next unit.This unit used to be a liquor store.
• This is one business with interior connections.
• They are not seeking to expand beyond what is there today.
• They are here for Site Plan Review Special Permit and Use Permit.(Existing use,non-conforming to zoning)
• No special permit was required when the business first opened.(It now requires special permit).
Page 4 of 10
PB Minutes 2-13-13.docx
• Units#28,if permit granted would cease to be non-conforming.(current restaurant is#28) Brewster Pizza has
been there 20 years.
• #28 has a 46 person seating capacity.#26 was previously a liquor store.(requesting 58 seating total)
• Using existing space to add use.One kitchen.Walls are open so it is accessible.
• Entertainment license.7 days a week, Entertainment cease at 11:45, liquor is available until midnight.
• They have tried different types of entertainment.
• The Board of Health has approved 58 seats with the existing septic system.
• There are no changes in the parking or the building. No new fans,equipment, or lighting.
• The main entrance is through the front door.
• They commissioned a traffic study by William Karlson.Current level of service is"b"and will remain"b".
Reid distributed copies of the letter from the Board of Health dated 9-2012 and the Traffic Study. Leaning asked when the
traffic study was completed. It was done prior to 11-2012. Leaning questioned the level of service in July or August.
Reid acknowledged correspondence received by the Board from Mr. Mark Devin. Mr. Devin was present. Devin has been in
touch with Reid's clients. Devin is concerned about noise, people remaining in the parking lot and noise from the
entertainment. Reid is aware the fence and trees facing Seaway Road are not completely successful. The applicant has
installed fencing and trees.
Reid acknowledged correspondence from Attorney Peter Farber representing Ms. Meredith Baier. Baier is concerned about
noise,headlights from delivery vehicles,exhaust fans in the back of the building and the lack of screening between the
properties. Reid showed a site plan to the Board. He showed the Board interior and exterior photographs.
Reid explained the property is under new ownership.The new owner is concerned about the business and the abutters. He
has met with both groups.The owner has agreed to install stockade fence and on outside of the fence on the easterly edge
of the property,abutting Ms. Baler's property, install evergreen shrubbery at six to eight feet intervals.At the southeasterly
corner near the Baier home,there are already mature trees.The owner will also be adding soundproofing to the vents.They
have agreed for deliveries to come to the front door or side door of the existing restaurant as opposed to using the lane to
the rear of the building. No vehicles associated with Brewster Pizza would be parked or idling near Baler's home.
Judd asked if the applicant was willing to waive the access for deliveries to the back. Reid confirmed there would be no
commercial deliveries through the back.
Reid explained employees use their own vehicles for deliveries.They exit out through the front, not the back.(No headlights
through to Baler's property)
Reid explained solutions proposed to address Mr. Devin's concerns.—On the west side,the owner will be installing air lock
doors at the front.There would be two sets of doors instead of one. Hoag asked about the depth of the doors. Reid had no
plans with him to share with the Board. Hoag suggested the depth should be deeper if possible so the other door closes
before the second door.
Hoag asked if the rear door on unit#26 had been used in the past for deliveries.Stamati confirmed yes. Judd asked if other
businesses in the building currently take deliveries from the back. Stamati confirmed yes.
Baier and Devin have asked for an attendant in the parking lot 1 and'A hours prior to closing and 15 min.after. Leven read
set of restrictions for the liquor/entertainment license.(Year round or May—September?Reid was not sure) Taylor
suggested attaching the BOS liquor license to the decision. Collum stated it is not under the Board's purview regarding
parking attendants.
Reid offered a review of these conditions next fall,to see how well conditions work out after the summer season.
Judd asked if the Sushi restaurant has delivery service.Stamati replied no,take out only.
Klump asked if Reid has read brief from Attorney Farber. Klump asked about the row commercial argument.
Reid explained he respectively disagreed and said it had been decided and that a variance would not be required.
Page 5 of 10
PB Minutes 2-13-13.docx
Reid explained the conditions are still under discussion.
Reid asked about a substantive vote,then a second session to review a written decision. Leven and Collum agreed.
Leven stated the Board would make a motion to draft a favorable or a not favorable decision.The Board will vote on the
special permits at the next meeting.
Reid offered to draft a decision if the Board approves the application and suggested making the draft available to the
attorneys and the neighbors.
Leven explained she has most of the draft from Reid and will review and make adjustments.
Reid addressed relief from Site Plan Review-waiver of SPR, 179-67A. He read from the by-law.The changes are entirely
interior. Leven stated the applicant would have to apply for a waiver. Reid said it was applied for at the same time.
Reid explained he applied for both.Transportation was not affected. Reid referenced the narrative submitted with the
application.
Leven explained Town Counsel and the Board should make separate findings for each piece of the site plan checklist.
Reid addressed the site plan checklist:
1. Use, 179-51 restaurant in VB district. Detrimental to neighborhood. He suggested a waiver for use.
2. The building and structure are not changing.Site is suitable. Restaurant has been there for twenty years.
3. Trip reduction—There is a bike rack.
4. Row commercial promotes trip reduction.
5. Employee vehicles instead of extra vehicles
6. Adequate parking,access,no change to curb cuts
7. No coastal waters being affected
8. Conservation Commission review-no wetlands or wildlife issues
9. Would now be(upon approval)conforming
Hoag asked about no checks on several items of the checklist. Hoag was surprised to see it not complete. Reid was not sure
how to respond.He did not think they apply since it is an existing site.They discussed further.C11, E2, E4, E10,n/a's
Collum asked for comments. Taylor asked about the BOH letter addressing 58 seats.What is the fire department limit?
Capacity' Reid referenced the department reviews.Taylor concerned about total number of people standing. The Board
questioned the occupancy permit.Stamati said 58 seats.
Judd asked about the fence and shrubbery.Current owner's suggestion.Will the owner maintain?Reid,yes.
Public Comment:
Mark Deyln,37 Seaway Road
Devin has met with the new owner. He emailed the owner a history of the hardship.The new owner is sincere with fence
and shrubs. Devin is concerned about peace and quiet.
Collum stated the Board could guarantee the owner plant trees and install fence.
Devin wants limitations for the business since he is concerned about entertainment.The parking lot was packed in the
summer.He is concerned about the hours,capacity of the building,and the amplified entertainment. He is 30 yards from
the parking lot.
Devin read email from Louis and Andrea Baerga,35 Winslow Landing Road,received 2-13-13. Baerga expressed concern
about late night loitering,foul language, loud activity, unsafe driving.They are not in support of a sports bar.They would like
to see restrictions to maintain safety.
Collum asked Devin what are other suggestions he has other than the than sound buffers and the parking attendant.
Page 6 of 10
PB Minutes 2-13-13.docx
Devin suggestion reduced amplified entertainment,policing the parking lot,no loitering. Devin is in favor of a review in the
fall. Collura explained if it is written into the decision and there are issues,the Board can call the applicant back to the
Board.
Hoag asked Devin how bad it was last summer. Devin stated it was bad. He called the police(2)June,July(2)August, (1)
Sept.maybe 6 total.
Devin thought a neighbor on Bittersweet wrote a letter.
Leaning suggested a review in the fall and that the neighbors keep track of noise and call the police. Reid suggested calling
the business. Devin hopes to see a compromise. Judd added he did not want to see the applicant become a scapegoat for
all activity and complaints. Judd appreciates all the correspondence.
Selectmah Ed Lewis addressed the Board.The Board of Selectmen (BOS)granted the liquor license for a sports bar.They
have control of the entertainment license. He explained anyone could ask the police chief for a record of complaints.
He added this is a shopping center. Devin bought property near a shopping center. It is a commercial district with retail
stores. He acknowledged the change in use.They are not going to get peace and quiet near a shopping center.The applicant
has tried to satisfy the needs of the neighbors and the new owner too. Lewis suggested moving forward and allowing the
businessperson to operate a business.
Devin responded to Lewis.Re:liquor license—He knew it was a small village business.The area is zoned for Village Business.
Devin does not like the loud late night bar.
Peter Farber,Esquire addressed the Board. He has been working with the new owner and attorney Reid to form a great
compromise.It is in the works. He hopes the Board will allow a joint decision with conditions previously discussed.Farber
read a brief statement 8-31-88, Brewster Board of Trade.They decided to change the district in the center of town from
commercial to village business.Also,other commercial changes on Underpass Road. Farber is not in support of a sports bar
in a VB district.The noise,use and traffic occur late at night. He believes it was not created to be a strip mall.
Reid explained that the proposed accommodations to the neighbors go well beyond what was asked for in terms of the
expansion of the use. (In relation to the proposed expansion,there is a significant tradeoff of benefits to the neighbors).
Board comments
Leaning asked the applicant to consider the importance of entertainment to a sports bar.
Taylor agreed with Leaning and suggested not using amplification.An entertainment/sports bar is counterintuitive.
Judd waS concerned about the parking attendant. He noted that proper training is important.
Reid explained that someone would be there as an observer and would keep people moving. Deter loitering.
The following Emails/Letters were read into the record.
Hoag read an email from Bob and Elaine Davis of 36 Skippers Way.They agreed with Mark Devin.They believe it is not the
location for a sports bar.
Collum read an email from Steve and Sylvia Allen of 52 Bittersweet Drive.They expressed concern about the noise and
loitering until 12:00 or 1:00 am.
Klump point of order, Mr.Devin already read this one.Collum continued to read the email form the Allen's.
Leven explained it is a separate email.
Collum read a letter from Julie Mitchell, a resident of Seaway Road.She does not approve of customers gathering in the
parking lots.They are loud and should leave by 11pm.
Collum read an email dated 1-22-13 from Jennipher Ray who does not live close to Foster Square.She was concerned about
the increase of trash in the parking lot.She agrees with Mr. Devin.
Page 7 of 10
PB Minutes 2-13-13.docx
Taylor stated if there is an issue people should call the police. It may not always be the sports bar. It would be nice to have
an accurate view of the square. Reid suggested people call the business.
The Board discussed the process regarding the decision.They discussed the process and involvement. Reid will be drafting a
decision with conditions.Farber will review.
Leven explained the public hearing process. The Board discussed closing the public hearing.
Reid was hoping to have the conditions in writing. He does not have them this evening.
Leaning asked about both sides submitting a decision. Reid will draft and Farber will review. Farber explained the process
further. He would review the decision.
The Board discussed keeping the public hearing open. Leven was not in favor of keeping the hearing open.The point is to
stop the flow of new information. There was a lengthy discussion regarding the process.
Reid explained the Board is leaving open comments on the draft decision. The Board discussed the process for taking a final
vote.
Leaning Made a Motion to close the public hearing,Taylor Second,All Aye,ygi 6-0.
Collum shared an opinion regarding a sports bar in a VB District. He was concerned about the area near Foster Square. He
compared The Woodshed to the Sports Bar at Foster Square. He was concerned about the bar being open until midnight,
people outside,and late hours. He expressed concern for the neighbors.Collum does not support a bar being open the way
it currently operates in Foster Square. He understands the applicant is trying to accommodate the neighbors. He expressed
concern for the neighbors dealing with the sound.
Taylor asked if they would be reviewing what Attorney Reid listed.Taylor wants to see the occupancy permits. Building
department comments?Occupancy/Seating. Leaning asked if this was in there purview.
Collum summarized for the draft decision.
1)Stockade fence at the Baier property line.
Leven finished the list.
1. Stockade fence near eastern edge of property.
2. Outside of fence, Baier property shrubs at 6 to 8 ft.intervals
3. Try to add soundproofing to vents, hard to put into conditions—building inspector approval required.
Taylor asked about evergreens. Leaning suggested Leland Cypress.
Leven and the Board discussed conditions.
Hoag stated this is an existing business.Why is it part of the new permit?
4)Limit use of the fire lane in the back of the property.
5)Deliveries to front door not rear door#26,front or side through#28
6)Pizza delivery vehicles do not use rear lane
7)Airlock on#26 exiting lounge, how deep?—airlock to code?
8)BOS liquor license,findings aware of the liquor license restrictions
9)Attendant in parking lot 10:30 to 15 min after closing
10)Review of conditions in fall after summer season-October 9,2013(add in as a condition)
Klump suggested no live entertainment. Leven explained they have a permit. He agreed with Collum's previous comments.
The Board discussed amplified entertainment and allowable sound(decibels). Hoag asked about the noise by law.The
Board questioned decibels. Leven said it is distance related,(150 ft.)
Page 8 of 10
PB Minutes 2-13-13.docx
Klump sees the difference between a sports bar and a bar.A sports bar does not have live entertainment or amplified
music/noise. He would impose that condition. Judd expressed concern about amplified sound. He agreed with Klump.The
Board should consider sound and its affect on the neighbors. He would like to remove amplified.
Hoag read 179-51 A5A. Is amplified sound injurious to the neighborhood and the public?He was concerned about the loud
music. Leaning agreed with no amplification.Taylor agreed. Klump suggested no live entertainment for a second time.
Judd suggested giving the applicant an opportunity to exercise his rights within the area. He wants to be sensitive to
amplified sound. Klump explained that given the proximity to neighbors they do not need amplification. Hoag suggested
giving them a chance to see how it goes and then come back in the fall for a review.
Klump made a motion for no live entertainment.There was no second.
Taylor stated that the BOS already gave them an entertainment license.She was in favor of no amplification.
Reid explained when there is entertainment the windows and doors are closed.Taylor wants this added to conditions.
Leaning concerned about the exits functioning property in case of a fire. Fire Dept.will re-inspect the building.
Judd asked if the owners maintain the trees and the fence. Leven stated in most cases they should be maintained for a year
or two. Leven suggested adding in if something happens to the trees within two years,they are replaced. Leaning suggested
three years. Reid explained the neighbor has an interest in maintaining the trees.
Taylor wants to see details regarding the closing time and the Liquor license.What time do they close? Leven explained that
at 11:45 the entertainment stops.Volume down at 11:00. Liquor license says stop pouring at midnight.Taylor wants the
hours included in the conditions,especially closing time of 12:00.
Taylor expressed concern regarding the trash in the parking lot. Reid noted it is not attributable to Brewster Pizza.
Judd asked about the right to use the back door during business hours. He does not want to see them lose the use of the
back door for maintenance. No delivery trucks.
Taylor asked about re-advertising. Leven stated the waiver was not advertised. Reid—Was the waiver advertised?
Leven explained if you waive site plan it is not advertised. Reid agreed.
Klump asked if Brewster has an open container law.Yes, MA law.
Are people drinking or smoking outside?He asked about a designated outdoor smoking area.Collum does not agree with it.
Hoag stated if the owner wanted a smoking area,he could designate an area. It is up to the owner.
Leaning Made a Motion that Staff draft a favorable decision for#2013-02,Site Plan Review and Use Special Permits with
conditions as discussed,Judd Second,All Aye,Vote 6-1-0. Klump No.
Meetinglon the draft decision on 3-27-13. Hoag will not be at the 3-27-13 meeting.The Board discussed that on 3-27-13
they would need five votes to approve.
Leaning made a Motion to continue the case for Brewster Pizza,#2013-02 to the 3-27-13 meeting,Judd Second,All Aye,
YQ1g 6-0.
1)Review minutes from 2-15-12,Work Session
McMullen made a Motion to approve the minutes of 2-15-12 as written, Leaning Second,All Aye,Vote 4-0-3.
Klump,Judd,and Hoag abstain.
2)Review minutes from 11-14-12, Executive Session
Klump made a Motion to approve the executive session minutes of 11-14-12 as written,Judd Second,All Aye Kttg 4-0-3, Leaning,
Collum,McMullen,abstain.
Page 9 of 10
PB Minutes 2-13-13.docx
I Topics to Chair did not reasonably anticipate
Judd made a Motion to hold all regular planning board meetings in Room A, Klump Second,All Aye,yaw 6-0.
The Board discussed further.Judd was concerned about the soundproofing.
Leaning made a Motion to adjourn, Klump Second,All Aye,VQlg 6-0.
The meeting ended at 10:00 pm.
The next regular meeting is 2-27-13 @ 6:30 pm.
Work session meeting will be 2-20-13.Signs, Parking,and Special Event Venue.
Respectfully submitted,
William Hoag, Planning Board Clerk Kelly Moore,Sep r Dept.Assistant-Planning
BREYSTE TOWN CLERK
'13 APR1 3: 6PM
Page 10 of 10
PB Minutes 2-13-13.docx