HomeMy Public PortalAboutPlanning Board -- 2013-03-27 Minutes Brewster Planning Board
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Vote:6-o
Approved:4-24-13 '1'3 MAY 9 3:05P+
TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
Wednesday March 27, 2013 at 6:3o pm
Brewster Town Office Building
Chairman Scott Collum convened the Planning Board meeting at 6:35 pm in the Brewster Town Office Building with members: Rick Judd,
Jason Klump,John Leaning,William Hoag,John McMullen,and Elizabeth Taylor present.
Absent:Town Planner-Sue Leven
Other Attendees:Town Counsel-Sarah Turano-Flores, David Reid-Esquire, Peter Farber-Esquire, Blake Decker-Pretty Picky
Properties,Stamati Tsiareas-Brewster Pizza,Selectman-Ed Lewis
Documents:032713_A Bed& Breakfast by-law amendment final draft,032713_8 Draft Decision for#2013-02, Brewster Pizza,
032713_C Planning Board Action Items
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 Planning Discussion
#2013-06,Waiver of Site Plan Review, Blake Decker, Pretty Picky Properties, 2421 Main Street, Map 78, Lot 48(formerly Map 15,
Lot 75)in the VB Zoning District.
Judd announced he would be doing work for Mr. Rabin who owns the above property.
Board Comments:
Blake Decker was present and provided a summary for the Board.The new business is a real estate rental company.They are not
making any changes to the exterior of the building.They are working on a new sign.
Collum mentioned the site has high visibility for a business, but poor parking.
Leaning announced that he and his family have used Pretty Picky properties for rentals.
Leaning asked about expected traffic volume to the business.
Decker stated it would be minimal.They meet customers at the properties.There will be three brokers.Two of the three will be
there seasonally.
Leaning asked about a "right hand turn only"sign.The last tenant agreed to a sign. It was never posted.
Decker stated it was probably not necessary.
Leaning asked if it becomes bottleneck to consider for safety. Decker agreed.
Taylor asked about delineated parking spaces.There are five or six curb stops attached to the ground.
Decker understands traffic concerns. He added they would be replacing windows down the road.
Decker has spoken to Mr.Gallagher in Conservation. He will be using the existing outside lights.
Leaning asked Decker to adjust the lights upward so they are not glaring.
McMullen made a Motion to endorse the waiver of site plan review for 2013-06, Blake Decker, Pretty Picky Properties, 2421 Main
Street, Map 78, Lot 48, Leaning Second,All Aye, /fig 7-0.
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The Board reviewed the minutes of 2-6-13&2-13-13.
Klump made a Motion to approve the minutes of 2-6-13 as written, Leaning Second,All Aye,Vote 6-0-1, McMullen abstains.
Hoag made a Motion to approve the minutes of 2-13-13 as written, Leaning Second,All Aye,1/211,7-0.
McMullen asked Town Counsel if he could stay through the Brewster Pizza decision as an abutter. He had recused himself from the
previous meetings.He is no longer an owner of Foster Square.
Turano-Flores discussed further with McMullen.She recommended he continue to recuse himself.
Collum asked for guidelines regarding recusing oneself from the Board discussion.
Turano-FlOres explained to the Board that generally speaking,any time there is a connection to the applicant,they should run it by
Charlie Sumner so he can address and talk to her.She explained the Ethics statue and conflict of interests has fines and criminal
penalties. She explained if the application before you has a financial interest in,(or family member).The Board members may need
to file a letter with the Town Clerk.Turano-Flores advised them to air on side of caution and step away, rather than risk conflict.The
members should decide before the meeting.She recommended a Board member should leave the room when recusing.
Lewis told the Board that the Board of Selectmen recommended the approval of all three zoning by-law amendments for Town
Meeting.
The Board reviewed the action items.
Judd expressed interest in the Conservancy Soils by-law discussions.
Leaning asked about Misc./Roads, Rte 6A tree pruning and planting. Leaning would like the Board to discuss in the future.
He is concerned about the scenic quality of the road and removal of many Ash and Oak trees.
They discussed brining in the Bob Bersin,who is the Tree Warden.
Leaning was concerned about the removed trees being chipped.
The Board discussed interest in the Residential Light/Night Sky by-law.Collum was not in favor of it.
1:00 pm F+Oblic Hearing
Collum read the legal.
Proposed Town Meeting Articles: The Public Hearing will be held for consideration of a Zoning By-law amendments to be submitted as 1 separate
Article on the Town of Brewster's Special Town Meeting Warrant. The proposed Zoning By-law amendments are as follows:
ZONING BYLAW AMENDMENT/Bed and Breakfast Use
ARTICLE NO. ##; To see if the Town will vote to amend Chapter 179 of the Brewster Town Code,Table 1,Use Regulations,Commercial,by
inserting a new#8,and renumbering subsequent lines:
8.Bed and Breakfast R-R(5),R-L(S),R-M(S),C-H(P),V-B(P),not allowed in I,MRD or PWS-CF
or to take any other action relative thereto
Summary
There is currently no listing for Bed and Breakfast in the Use Table. Bed and Breakfasts used to be part of the Lodging House definition. When it
was separated from that definition in 2012,no new line was created for Bed and Breakfast in the Use Table.
If this article passes;Bed and Breakfasts will be allowed by special permit in residential districts and will be allowed by right in commercial districts,
the same as Lodging Houses.
If this article does not pass: The Use Table would stay as it is,every bed and breakfast in Brewster will be pre-existing,non-conforming and any
new bed and breakfast would be prohibited everywhere in Brewster.
Board Comments:
Collum noted this was left out before.The definition was separated from Lodging House in 2012.
Hoag asked if it does not pass,and if a B&B is sold,does that B&B continue with non-conforming use.
Turano-Flores explained the transfer of title would not affect the use.Only when changed to a conforming use.
Judd suggested open public discussion about this topic.
There was no public comment.
Klump made a Motion to close the public hearing for Article##, Bed and Breakfast Use, Leaning Second,All Aye,Vote 7-0.
Klump asked the Board about changing designation of zoning districts. He suggested it"as of right"in every district.(P)
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The Board discussed further.
McMullen stated this is a business in a residential zone. He would not support Klump's suggestion. He believes changing it now
would be problematic.
Leaning concurs with McMullen and believes it is important to have special permit in place.
Judd asked if a B&B requires a commercial kitchen status. Klump stated No,and explained it is a Board of Health issue.
Judd agreed partially with McMullen and Leaning.
Collum and Hoag agreed with McMullen.They were concerned about parking and the opportunity to review case by case,
neighborhood by neighborhood.
Judd made a Motion to recommend Article##, Bed and Breakfast Use to the Board of Selectmen, Leaning Second,All Aye, VQti 7-0.
Continuce:From 2-13-13 meeting-Review Decision
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.McMullen recused himself from the meeting.
Board Comments:
David Reid approached the Board with Stamati Tsiareas(General Manager).
Hoag asked if the Board of Health had to approve anything.
Reid already approved the seating capacity based on the septic system.Town Counsel has followed up with Nancy Ellis Ice.
Judd asked for clarification on page#9#4-Can the sound barriers be moved?
Reid explained the language is exactly as requested by Peter Farber who is the attorney for abutter Ms. Baier.
Judd asked for clarification on Page#10,item#9—Special Conditions
Judd questioned the amplified entertainment. He read#9.
Reid noted the Planning Board voted this in.The current license allows amplified music.(BOS entertainment license)
Lewis approached the Board. He addressed the question about the amplification and sound.
He stated anything to do with the sound is under the BOS entertainment license.
Collum explained they look at the business and neighborhood.They want to protect the neighborhood and are in favor with this
addition.Lewis agreed. He questioned the jurisdiction.
Turano-Flores stated they are the granting authority. She explained they need both permissions to proceed with the use.
Reid agreed that the applicant needs both permits.
Taylor asked why the closing times are not in the decision.She had requested it at the last meeting.
She wants it under special permit conditions.
Reid referenced page#2 general findings paragraph 10 and 11.
Hoag does not agree with Taylor. He shared an example with the Board of a restaurant having to rush an order late in the evening
and it being near closing time.
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(Specific to restaurant business)He referenced item#11.
Stamati stated it was not an issue since people could eat on other side.
Hoag and Taylor discussed closing times.
Taylor requested more specifics.
Leaning suggested the language from the findings into special permit conditions.Taylor did not agree.
Reid read the conditions provided items from entertainment/alcohol License—from Leven
Entertainment--bring down volume at 11:00 pm, No entertainment after 11:45 pm.
Taylor suggested adding it to#8.Add to decision.
At 11:45 pm entertainment stops,volume is turned down at 11:00 pm,liquor stops at midnight,and business closes at midnight.
They agreed.
Klump asked about bringing down the volume at 11pm in the license.What does this mean?
Lewis stated this referenced the amplification.
Klump asked about the alcohol service stopping at midnight.
Lewis explained that the Board of Selectmen would be standardizing alcohol licenses and hours. He suggested that the Planning
Board through Leven send a liaison to be part of the discussion.
Judd asked for clarification about liquor service stoping at midnight. Business closes at midnight.What is the last call?
11:45 pm.
Leaning expressed concern regarding the vegetation. He wanted to stress that arborvitae and Leland are very different trees.
Arborvitae will not grow together. Leland Cypress will provide a green wall.
Reid explained Peter Farber,attorney for Ms. Baler,wrote this language.There are options because one segment is close to the
road.(Ref:Page 9 and Page 3)
Judd acknowledged concessions put forward by new owner and the business. He noted they could not control the other businesses
regarding deliveries. He applauded the business. He stated if complaints they should be founded.
Leaning agreed with Judd. He stated this was a good example of how to resolve issues.We are going to revisit in fall.(Although not
in the special permit)
(Add to decision,#11.Special conditions)
The Board will meet again on October 9, 2013 to review conditions to determine how effectively the conditions and measures have
worked or not worked. If necessary to refine the conditions at this time to more effectively address the concerns of the Board and
the neighborhood.
Leaning made a Motion to approve Special Permit#2013-02 subject to the terms and conditions as amended,John Tsiareas,d/b/a
Brewster Pizza,2655 Main Street, Map 89 Lot 18,Judd Second, Five Aye,One No,(Klump)Vote 5-1-0.
Topics ihe,Chair did not reasonably anticipate
Hoag offered to present the B&B use by-law amendment at Town Meeting.
On 4-10-13 Judd, Leaning and McMullen will not be present.
Judd made a Motion to adjourn, Klump Second,All Aye,m212 6-0.
The meeting ended at 7:40 pm.
The next regular meeting is 4-10-13 @ 6:30 pm.
Respectfully submitted,
6/j,
a1..
William,Hoag, Planning Board Cl S Kelly Moore,Senior D t.Assistant-Planning
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