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HomeMy Public PortalAboutPlanning Board -- 2013-02-20 Minutes „yynniwwu, Brewster Planning Board de spar 9 2198 Main Street vs Brewster,Massachusetts 02631-1898 (508)896-3701 ext.1233 FAX(508)896-8089 * .: ° '% timi��100 BREWSTER TOWN CLERK e\ � Approved:4-10-13 Vote 5-o TOWN OF BREWSTER PLANNING BOARD '13 APR2511 47 Work Session MEETING MINUTES Wednesday February 20 , 2013 at 6:3o pm Brewster Town Office Building Chairman Scott Collum convened the Planning Board meeting at 6:36 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 Executive Director of Brewster Chamber of Commerce, Kyle Hinkle Building Commissioner,Victor Staley Several business people listed below. Documents:022013_A By-law comments from Nate Pettengill—Finance Committee member 022013_6',Signs, Parking, Special Event Venue Drafts 022013_C Email from Jeff Odell of the Golf Commission member re:Signs by-law 0222013_0 Email from Jillian Douglass regarding island intersection signs& Ladder signs 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 lanning Discussion 1. Discuss by-law amendments for the following: Sign by-law(Article VI) Taylor opened the discussion about Signs. *Several local business people were in the audience and participated in the discussion. Bud Noyes of JT's Seafood,Charlotte Fyfe of Candleberry Inn,Cheryl Kimberly of Cape Cod Sea Camps shared their opinions with the Board. The Board review began at Page 6 of 10 of the draft document and included the following comments: INTERPRETIVE DISPLAYS AND KIOSKS Per Taylor, Chris Miller had questions regarding height(sq.feet and height)for F.)Interpretive displays and kiosks.Why is it so restrictive?Some of his signs do not fit the requirements. Taylor also had photos for the Board from the Museum of Natural History.Taylor was concerned about current signage. Taylor referenced an email from Jillian Douglass.She distributed copies of the email to the Board. The email dealt with intersection island signs.Taylor questioned the Board's involvement.She gave the Board a brief history of the intersection island signs. *Leven was at the Finance Committee meeting next door for the first part of the meeting.Comments made by Leven after she arrived at the meeting appear in italics. Leven explained she and Miller had discussed the Sign By-law, but that he had not yet read it and therefore could not comment. Leven also had no input from the Community Preservation Committee. Page 1 of 6 PB Minutes 2-20-13.docx Collum suggested leaving as-is. Judd and Hoag stated it is already in the by-law. Keep the same or bring up at Town Meeting. Charlotte Fyfe of Candleberry Inn asked if they could apply for a use variance. Leven explained no,since use variances are almost impossible to get. Leven commented on the interpretive displays and kiosks.She read the size requirements and added they could remove the angle or make them high enough and tall enough so all comply. Fyfe stated she would hate to see this held up.The by-law is a good document. Taylor agreed with Leven's comments. Per Taylor, Miller was questioning the need for a public hearing.The Board removed public hearing requirement stating that Conservation would be involved.They removed the text after the word, "corridor". INTERSECTION ISLAND SIGNS Collum likes the current draft of G. Intersection Island Signs. Hoag does not think they need to say anything about height. 1 foot is in the by-law. MISC.SMALL SIGNS Taylor asked about No U Turns signs.She explained there are signs year round that say"summer rental". "Rooms for Rent"and are year round signs. Collum suggested leaving it.Taylor listed: Wood for sale,home occupation Room for rent, home occupation Summer rentals,covered.(under real estate) Hoag suggested looking at other towns. Hoag took photos of ladder signs in Dennis. He explained they are specific to the business name,not generic words,like restaurant. Taylor asked if they need to change the definition of home occupation signs. Page#2,definition. McMullen suggested they should leave it to common sense. Klump read the definition of home occupation. Taylor was concerned about how Victor Staley(Building Commissioner) handles the home occupation signs.The sign by-law does not give him specifics. Leaning wanted to hear from Staley. Klump stated"fresh eggs"signs fall under home occupation. PAGE 4,F.(TOP OF PAGE) Collum wants to remove the words Town Planner. He asked if they plan to have a Town Planner in the near future. Taylor asked if this covers the ladder signs. Klump asked to eliminate by the Town Planner and keep Building Commissioner. He agreed with Collum. Leaning questioned review by.... It seems like another step in the process.They did not decide to remove it. LADDER SIGNS Taylor referenced the email from Jillian Douglass for a second time.Taylor thinks ladder signs should be generic. Cheryl Kimberly of Sea Camps asked about ladder signs.Collum explained some are privately owned and some are publicly owned. Currently they are generic. Kimberly asked if she could pay to be on the ladder sign. Collum explained the ownership issue. McMullen was concerned about who would take care of them if they were public.The Board thought DPW. He asked about the current state of the signs.The current owner is Terry Halvorsen of The Rose Forge. Leven came into the meeting from the Finance Committee. Page 2 of 6 PB Minutes 2-20-13.docx '} I Hoag is in favor on non-generic ladder signs. He explained the businesses would request a sign on the ladder. He acknowledged the big issue in front of the Board is who owns the Ladder Signs. Hoag is in favor of the Chamber of Commerce working with the DPW. Charlotte Fyfe asked if the ladder sign on Underpass road is located on private or public land. Public. She explained the Chamber of Commerce(COC) has not discussed.She asked why private signs on public land?Can the Town buy them back? Leven recommended leaving it as is. Collura and Taylor recommend holding by-laws until fall. Cheryl Kimberly stated the COC was interested in working on the signs,especially the ladder signs. Leven explained the Board and the COC has had the bylaw since October.The opportunity to work together has been there since October. Hoag suggested going to Town Meeting with what they have.The COC and the Board can address ladder signs later. Leave in,as-is. Hoag believes they have done a lot of work already. He questioned the repetitive review of sections. Klump stated he was in favor of this town meeting. Ladder—Town or private entity to control?Klump chose the Town and explained it is not a difficult decision. McMullen explained he would like to see the COC control them. In reference to Town of Dennis: He notices them.They stand out end they are not generic. He added that if the by-laws are not prepared,they are set back years. He recommended proceeding with caution. Taylor agreed they are not ready.Taylor has an issue with private signs on public lands.She asked do all chamber members have access to the ladder signs. She stated there are many issues.She suggested work sessions with more participation from the COC. Klumlp stated there might be an indication that the COC is not interested.He stated it is possible to amend the by-law at town meeting. Taylor explained they rarely have a quorum at Town Meeting. Leaning added there are too many issues. He was concerned about enforcement. He does not think it is ready for Town Meeting. Judd asked for Staley's comments.Judd is not comfortable with the current by-law. Leven explained Staley has seen the draft. Hoag was not sure if it should go to Town Meeting. Collum stated they should keep working on it. Taylor reminded them they need to keep up with work sessions. Kyle Hinkle,Executive Director,COC Hinkle explained that ladder signs and private signs on public land are not a good idea.She suggested if the COC take control, they could possibly do a lottery for COC members. She explained that the Dennis signs are larger.She acknowledged HDC issues and stated non-generic is all we can do for now. Hinkle believes that many businesses would be interested and she has sent comments to Leven.She has worked closely with Leven and the HDC. She added the majority of people are in favor of these by-law changes. Leaning asked Hinkle if the membership would buy signs on public property. Hinkle stated they would review and consider. Leaning asked Hinkle if the membership prefers taller ladder signs. Collum stated he has issue with privately owned ladder signs. McMullen and Collum discussed ownership and pricing. Taylor acknowledged the email from the golf commission. (same subject) Collum summarized Staley's response to the golf commission. Hoag has looked at Dennis. He shared an example from the Dennis Pines public course.There is a large sign. He believes it is part of generating money for the Town. He added that some of the signage laws are too restrictive. Page 3 of 6 PB Minutes 2-20-13.docx Collura thinks ladder signs could be figured out later. Leaning suggested speaking to Victor Staley and getting answers. He suggested extracting ladder signs and submitting by-law minus the ladder signs.They could work on ladder signs for the fall. Collurn supported. Taylor requires more input. Stu Fyfe from the Candleberry Inn addressed the Board. Fyfe suggested the biggest issue is the ladder sign wording.They are currently private ads on public property.Should there be private ladder signs on private property?Later,regulate at the next Town Meeting. Taylor stated they could not do that, because there are private signs on public property. Hoag suggested to leave it as-is,and do not change it. Hoag added the article has gone through many changes. Ladder signs are still in the by-law. It is less restrictive. Taylor has questions for Staley. Leven explained that Staley has not commented.The public hearing is 3-13-13.It will be recommended or not recommended.She added anything changed after the public hearing would require an amendment on Town Meeting floor. Hinkle explained it is important to the business community.She suggested getting through for spring because if affects the summer time. Hinkle believes if approved it would be a positive move for the business community.She added they would come to workshop meetings and will keep members informed. McMullen stated that this version is much better than what we currently have in the by-law. Taylor suggested removing on Page 8,f.bold. Keep original language. Victor Staley,Building Commissioner joined the meeting and addressed the Board regarding the sign by-law. Staley's comments:Ladder signs • Generic,in the by-law. If they include a named business,they probably got special permission from the Town. Taylor asked about No U turns,summer rental,cut flowers,and fresh eggs.Any complaints? • Staley gets many complaints in spring and summer. Cut fresh flowers, sign permit, no exemption,from Building Department.Could be home occupation or agricultural. U-turns,generally ignore.(if under sq.footage) Rental signs, real estate,under non-permitted entity as long as under 3 sq feet.A frame signs come out in the spring.Signs are a challenge. ✓ He has never issued a permit on fresh eggs,or cut flowers • If gets complaint,does some research,say u-turn.Talks to the neighbor.Step up if traffic issue. McMullen asked Staley if he has reviewed the amended sign by-law.Staley stated no,he has scanned it. He comments if it makes sense and is enforceable. If not enforceable or complaints he lets Leven and the Board know about it. He sees some conflict with HDC. HDC issues certificate of appropriateness. If Town votes in,can cause issues for HDC. Taylor explained municipal signs for CPC—All are illegal. Staley explained The Museum of Natural History is about 75%permitted and they work with us.They can go to ZBA or Planning Board. Taylor asked if the Community Preservation Committee should change the description for municipal signs. Staley stated if not included,then prohibited.(Generally speaking) Leaning explained they have received an endorsement of the sign by-law from COC.There are some issues with ladder signs. Is it ready for Town Meeting? Staley stated he would send comments before the 3-13-13 public hearing. His comments are from the enforcement side. He has talked to the COC about signs. He is pleased they are working with Planning. He added there would never be full satisfaction with signs. Page 4 of 6 PB Minutes 2-20-13.docx Leaning and Staley discussed ladder signs.Staley gave the Board some history.The current by-law is from 1990 and it was decided by the Planning Board to keep the ladder signs generic. It has become complicated and ladder signs are not helping some business owners. Leaning is in favor of ladder signs being owned by the Town or the COC. Staley does not have a preference. He suggested looking at how other towns handle it. Collurn asked about permits for ladder signs.Staley explained yes,standard color and size. The Board thanked Staley for his time. L.Temporary Signs.1.Real estate signs. Sign stays up or?Judd asked if the language was fine. Taylor stated they stay up year round. It was decided it is ok,as-is. Off premise signs.Page 7 of 10.On property other than his own,shall obtain permission... Hoag asked if the sign for Captains Golf Course had permission from private property.Could they go to the building official based on this? Collum,yes they could. Property owner or lessee. Leven explained they could get a sign permit for their sign but not another sign for someone else.They need permission from the owner. Taylor-Page 7,Off Premise sign part of total calculation.Yes,towards the property calculation for the location of the sign. Page 8, 1A. BOA copy. In current by-law now. Ignore. Leave mostly as-is.Can discuss 2-27-13 Off Street Parking and Loading by-law(Article VIII) McMullen stated he is in favor of shorter work sessions. He suggested they hear the comments from the Finance Committee and adjourn at 9:00 pm. Judd Comment, Page 3.Top 4, 179-23 Remove"typically" Hoag stated they are trying to give guidelines. Leven and the Board reviewed the comments from Finance Committee.They made some minor edits. Bud Noyes of JT's Seafood,and a COC member addressed the Board. 179-23, page 2 of 8.A3,stay as shall or should?Leven stated it stays as shall. He asked if this affects him. Leven explained no,he has an existing parking area. Special Event Venue(Use Table and Definitions) No changes since the last review.Collum asked for comments. Leven explained if it passes,nothing changes,it just helps with zoning.The zoning by-law does not recognize it. Fyfe approached the Board. Leven explained the process would go through the BOS.Zoning does not recognize anything because it is not included in the by-law.Without adding a line to the use table,zoning will not recognize it. Hinkle stated the COC has not discussed it yet. Identifying another use in the code.She would rather see the entire zoning by- law looked at by use instead of district. Leven stated the Finance Committee discussed changing meeting rooms and decided to leave it to Charlie Sumner.Sumner will ask the Selectmen.She explained when the PA is repaired in this room it will be easier to hear. Judd concerned about the distraction. Hoag mentioned the ZBA paperwork is available to review. Leaning asked about topics for next meeting. 2-27-13-Ladder signs? Leaning does not want to see the article fail based on ladders.Collum would like to see it all resolved by 3- 13-13. Taylor asked if it had been posted in the warrant.When does Sumner post the draft? Leven explained the process.They vote on 3-13-13. Finance committee voting 3-27-13. Collum asked Last date to change before Town Meeting. Leaning added they should have all changes by 3-13-13. Page 5 of 6 PB Minutes 2-20-13.docx Hoag does not think many people will object to ladder signs. McMullen asked if HDC in the loop. Leven explained they chose not to be in the loop. Leven explained HDC has their own set of regulations. McMullen added Staley sees conflict with HDC. The Board continued to discuss the by-law and HDC guidelines. HDC has ultimate authority within the historic district. Leaning stated the Planning Board does not have control in the historic district. Hinkle explained in 2009 the COC was raked over the coals at Town Meeting. Now they understand signs and HDC guidelines. She told the Board this is an opportunity to educate the people.The proposed by-law only affects 10%of businesses in Town.The COC might be able to convince HDC by reviewing the new by-laws.She explained HDC operates by law and guidelines.Currently HDC uses the guidelines as law.She added Dennis has a more flexible HDC committee.The by-law will be a huge favor for the business community.This helps them work with HDC. Hinkle is in favor of the zoning by-law by Use vs. District. I Topics tt a Chair did not reasonably anticipate Klump made a Motion to adjourn, Leaning Second,All Aye,Ng 7-0. The meeting ended at 9:00 pm. The next regular meeting is 2-27-13 @ 6:30 pm. Respectfully submitted, k.\.) MA5.8"-<"--1— William',Hoag, Planning Board Cl. rk Kelly Moore, Senior pt.Assistant- Planning Page 6 of 6 PB Minutes 2-20-13.docx