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HomeMy Public PortalAboutPlanning Board -- 2013-06-12 Minutes Brewster Planning Board U11MNAlw„p„ wsU w8, 2198 Main Street ▪ ".e Brewster,Massachusetts 02631-1898 • " ., > (508)896-3701 ext.1233 r • !—)• FAX(508)896-8089 N4 11 M. 04,IIAlII1NNWIW, Approved:'7-10-13 Vote:6-o TOWN OF BREWSTER PLANNING BOARD '13 JUL25 1 O:O8 1 Regular MEETING MINUTES Wednesday June 12, 2013 at 6:30 pm Brewster Town Office Building BREWSTER TOWN CLERK Chairman William Hoag convened the Planning Board meeting at 6:33 pm in the Brewster Town Office Building with members; Scott Collum,Jason Klump, Rick Judd,John Leaning,John McMullen, and Elizabeth Taylor present. Other attendees:Sue Leven Documents:061213_A Draft letter to the Finance Committee from William Hoag 061213_B Email from Victor Staley to owner of Foster Square 061213_C Letter requesting a continuance for#2012-14 from Bob Freeman of Schofield Brothers 061213_D Sign by-law Hoag 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 he or she is required to inform the chair." 6:30,pm1Planning Discussion 1)Reauest for a Continuance, Site Plan Review Special Permit#2012-14, Frank Mason, Lot 7 Independence Way, Map 76, Parcel 33. Bob Freeman of Schofield Brothers is requesting a continuance to the 7-24-13 meeting. Freeman was not present. Hoag read the letter from Freeman. Leven explained that Mason, Bersin and Freeman met recently at the site regarding use of the right of way and landscaping issues.They have what they need for revised plans. The Board discussed the agendas for 7-10 and 7-24 and decided on 7-24.Taylor made a Motion to grant the request for a continuance to the 7-24-13 meeting, Leaning Second, All Aye,Vote,7-0. 2)Request for a Waiver of Site Plan Review,#2013-09, Denise Rego, Friends of Brewster Elders (COA),Town of Brewster,1673 Main Street, Map 56, Lot 7-0-E in the RM Zoning District.This is a relocation of a thrift shop behind Town Hall to a building behind the Council on Aging building. Denise Rego,Council of Aging Director was present. Bill Wheeler,Treasurer of Friends of Brewster Elders was present. Rego explained they require a new location because the current building behind Town Hall has foundation issues.They would like to relocate to behind the Council on Aging building. (Old Water Dept. building) Leaning asked about the building conditions. Rego explained they would use the office space. Leaning Made a Motion to grant the request for a Waiver of Site Plan Review,#2013-09, McMullen Second,All Aye, Vote 7-0. 3)Approval Not Reauired.(ANR),#2013-11, Edgar C. Luna and Jennifer A. Nicoletti, Represented by Philip 0. Scholomiti of Ryder&Wilcox, Southerly side of Cape Lane, Map 84, Lots 78&56 in the RM and CH Zoning Districts. The purpose of this ANR is to combine Lots 2 and 3. Page 1 of 8 PB Minutes 6-12-13.docx .5 Scholomiti was present and provided a summary to the Board.The location is on the south side of Cape Lane (formerly Jabet Lane). They want to combine two lots as shown on the plan.Scholomiti reviewed the frontage and took questions from the Board. McMullen asked for clarification regarding the lot numbers. Phil indicated where the lot numbers were located on the plan.The Board discussed further. Klump asked about lot#2 and confirmed it was vacant. The other lot has a house on it. He asked if they are purchasing and Scholomiti confirmed it has been purchased.The same lot was in front of the ZBA a month ago. Klump stated they are losing a commercial lot. Leven read from the zoning by-law(C-H and R-L zoning districts).There was further discussion. Leven stated they could carve out a small commercial lot from the lot in the C-H zone if they wanted to. The Board discussed exact location on a paved road (behind real estate office) They also discussed the former name of the road—Jabet Way. Judd explained a former applicant was denied a variance to create residential lot. He asked if it could be made into a residential lot. Leven stated it could not be a single family home, but could be any other permitted use. Scholomiti stated he was not sure of the reason behind the ANR. He was asked by attorney Bill Riley attorney to file the ANR. Hoag confirmed with Leven when the owner combines lots, it remains part C-H and part R-L. Leven,yes. Collum made a Motion to endorse ANR 2013-11,Judd Second,All Aye,Vote 7-0. 4)Brewster Pizza Update Hoag read an email from Victor Staley to the owner of Brewster Pizza. The Board was not aware of a response from Brewster Pizza. Leven suggested writing a letter to the owner or the applicant, noting the Board could wait until after 7-2-13. She stated it was up to the Board to decide.She also explained it would be in the Boards' best interest to be clear that they are disappointed. Collum agreed with Leven and suggested sending a letter reiterating Staley's message via certified mail. Judd agreed with Collum. Attorney Peter Farber and Meredith Baier approached the Board and expressed the following concerns: • The conditions have not been accomplished: fence,trees, etc. • Farber read Condition#10-conditions should be met 60 days of the issuance of the special permit. Permit dated 3-27-13. (4-5-13 date of issuance) • Farber does not agree with Staley's date • They are not adhering to the special permit • Baier requested being present when they plant the trees.She noted the fence could be put in anytime. • Farber stated the septic system failed and there have been numerous correspondences between Leven and the Board of Health. He stated the Board of Health has done nothing. Leven reminded the Board that they have no authority over the Board of Health.The system was noted adequate to serve number of seats in the restaurant. Farber suggested the Board take immediate action and close the business until they fix the septic system and until they meet conditions.The Board discussed the email from Victor Staley and continued discussion with Baier. Page 2 of 8 PB Minutes 6-12-13.docx The Board had the following concerns: • Was Brewster Pizza waiting for Baier to return to Brewster to do the work? Baier stated the owner knew she had returned and she had discussions with him. • Was a new fence installed on the other side and a chain over the back driveway? Baier explained she met with the owner(George) and they put up a chain.They are not using the fire lane for deliveries or loading. They discussed the fence and trees. She met with Crosby Fence Company today to get a quote and they cannot install until mid July.She does not know when the plants will be installed. • Klump asked about what was discussed. Baier stated it was not a clear discussion and she is not happy with the 60-day deadline. Historic District Committee cannot hear about the soundproofing until 7-8-13. • Cgllum stated that Victor Staley has made a good point.Staley says the 60-day deadline is from when the special permit was recorded. • Leaning asked Leven if the owner was aware they were meeting. No Leaning explained he was appalled at the lack of compliance with the septic system. He suggested the Board make a point and threaten severe action. • Leven stated there is 20 days between now and 7-2-13.She noted this is an optimal time to write a letter. She suggested a letter to the Board of Selectmen asking that the Entertainment license be pulled until soundproofing is installed. • Judd asked Baier if she had input. Baier stated she discussed the fence today.She noted the fence was not a big concern. She does not have to be at the property for the installation of the fence and the trees.Judd and Baler discussed further. • Hbag suggested sending a letter expressing disappointment and concern. He noted he understands there may be a timing issue with the fence company.The vestibule and soundproofing has to go through historic. • Leven questioned the lack of progress. The Board discussed sending a letter to Brewster Pizza and the owner informing them they have until 7-2-13 to put exhaust covers on and acquire a construction notice for the vestibule or the entertainment license would be pulled until all is done. Leven noted 60 days ends on 7-2-13. If not done by 7-2-13 the Board can revoke the special permit. She suggested sending a strong message. Hoag expressed disappointment that Brewster Pizza has not contacted the Town Planner. Leven stated there has been no application or meeting until last week. Judd suggested the tone of the letter has to be direct. He suggested including the Board of Selectmen. He noted this is gross negligence and should be taken seriously. Taylor was in favor of a strongly worded letter and added this is not the first time the Town has been ignored. Leven suggested if the work is not done by 7-2-13,they could ask the building commissioner to revoke the permit or begin the process of revoking the permit. Leven stated the Board of Selectmen meets next Monday and she will be present at the meeting.They could vote to revoke the permit at the meeting. Judd asked if the Board of Selectmen could take quick action on an entertainment license. Do they have to advertise? The Board discussed suspension of the entertainment license.There will be a letter to the applicant and the Board of Selectmen.The letter will be sent to the Board to review.Judd suggested the health department be copied on the letter. The Board and Leven discussed if the Chair can sign the letter.The Board will review and Hoag will sign. Page 3of8 PB Minutes 6-12-13.docx Leven reminded the Board when reviewing the letter they should send comments to her and not the entire Board. Judd made a Motion that items discussed would be put into a letter by the Town Planner, reviewed by the Board,and signed by the Chair,sent via Certified mail, and via Email.Collum Second. Discussion-Leaning asked how quickly the letter could be sent. Leven will email Sumner and send the letter on Monday. All Aye,Vote 7-0. 5)Discuss le ter to the Finance Committee Hoag read the revised letter. Leaning applauded the letter and made a minor edit to the second paragraph. Judd was opposed to the letter. He suggested the Board "let it go"and explained further that it was personal matter did not happen during a Planning Board meeting and he will not endorse. McMullen agreed with Judd. He suggested both Chairs handle it He stated it is not appropriate and not one sided. Hoag reminded the Board that it was brought up for discussion at a Board of Selectmen meeting.The Board of Selectmen stated they believed the Planning Board member was"out of line"and they expressed interest in being more involved and take action. He realizes that the Board and the Finance Committee have had issues over the last year Hoag has talked to Mike Fitzgerald and reiterated that Planning Board members have a certain responsibility. The incident did occur at a Finance Committee meeting. Hoag felt strongly that the letter should be sent. Klump stated this is ridiculous. He was not present and stated he won't pass judgment on the basis of hearsay. He also stated if the idea is to put an end to it,then it might be good idea. Klump believes that one should go to that person if a problem. He does not agree with it being brought up at public meetings. He feels it is not appropriate and the Board of Selectmen is not the moral police. Leven explained they are an elected board and the Board of Selectmen has no authority over the Planning Board.The Board of Selectmen can discuss what they want to discuss. Leven has a meeting scheduled between both chairs, and vice chair'',of the Finance Committee later this month. She suggested tabling until the next meeting, especially if people are opposed it does not send a reasonable message. Leaning made a Motion to table the letter to the Finance Committee until the 7-10-13 meeting,Judd Second,All Aye, Vg_tg 7-0.They will discuss 7-10-13. 6)Discuss Sian by-law Hoag asked the Board how they wanted to proceed with discussion. Klump suggested letting the public go first. Public Comment: Elbert Ulshoeffer 178 Stony Brook Road Ulshoeffer stated he was here with the best intent to describe why the sign by-law did not pass at Town Meeting. He wants to be informed when the Board discusses Signs. Ulshoeffer explained he takes the first paragraph literally. He read 179-18.A. Purpose and Scope. He explained that no one knows how many signs exist in Town. He was concerned that by increasing the size by 1/3,there would be a visual clutter. He was concerned about the following: square footage offered was just"thrown out there." Page 4 of 8 PB Minutes 6-12-13.docx Klump stated that HDC has strict guidelines, 12 square feet. There are current signs on Route 6A that are bigger than 12 square',feet.The biggest sign on Underpass Road is 38 square feet. Ulshoeffer was concerned about the following: • Visual clutter • Increased signage in a residential zone • Giving the business community total authority to site signs • Preserving community character • He feels the Planning Board should consider the fact that 83 people voted against the by-law. He was in favor of quarterboard signs Leven stated there are no setbacks in the current sign by-law. Ulshoeffer said (I)zone. Leven added the Board is limited to a degree on legislating aesthetics and that is why there is a historic district. The Board discussed further. Klump asked Ulshoeffer if it is reasonable to make changes. Ulshoeffer,yes but not by zoning district. Ulshoeffer was not in favor of signs by zones. Ulshoeffer believes the Board needs to focus on ladder signs. Leven and Ulshoeffer discussed ownership. (Plymouth Sign Company—issues licenses in Dennis) Hoag stated they tried to make exceptions for signs so people did not have to come in for permits for temporary signs. He stated there is a lot more to the sign code than aesthetics(i.e. banner signs, currently prohibited). Ulshoeffelr supports an increase in signage but only by district. Leven and Elbert discussed the Old Kings Highway. The Board discussed the Old Kings Highway in Dennis. Ulshoeffer stated it was a superficial act to hear from the public and then take the by-law to Town Meeting. He challenged the process and stated it was wrong. Judd called a point of order. Judd attempted to take control of the meeting.The discussion was getting contentious. Judd appreciated Ulshoeffers comments and opinions.They continued to discuss the process. Ulshoeffer was in favor of definitions, ladder signs,and sandwich board signs. Leven asked Ulshoeffer to forward what he believed to be an appropriate sign code. Ulshoeffer stated the proposed by-law was identical to Harwich by-law. Ulshoeffer does not agree with the Board and Business owner being in charge. He was very concerned about"community character." Leven, Klump and Ulshoeffer discussed what was said at town Meeting. Leaning called a point of order. Klump wanted Ulshoeffer to vacate the microphone and allow the Board to discuss further. Ulshoeffer was concerned about the 30 square feet. Leaning agreed that the 30 square feet should be revisited. Leaning agreed that they should protect the beauty of Brewster as a Sea Captain's town. He was in favor of addressing in the fall. Ulshoeffer would offer comments at public hearing. He wants to speak up before it gets to Town Meeting. Page 5of8 PB Minutes 6-12-13.docx Leven suggested the Board schedule public hearings for all discussion of this by-law. Hoag acknowledged existing contention. He explained he has second thoughts about the square footage. He expressed concern for the businesses. He reminded the Board that the business community came to the Board. He stated it is important to listen to the business people and citizens. Hoag wants to find out the sign standards (size). Ulshoeffer was in favor of the business community but not at the expense of the community character. Ulshoeffer was in favor of design standards. He was the Building Commissioner on Nantucket. Hoag and Ulshoeffer discussed the public hearing and the Town Meeting. Leaning etas concerned about Ulshoeffer's comments at Town Meeting. In particular-- that the Planning Board gave in to the Pressure of the business community. Leaning would like assistance to get the business community more involved earlier. He asked Ulshoeffer for his assistance. Leaning believes the quarterboards idea is not a bad idea. McMullen agreed with Ulshoeffer's comments about the first paragraph. He believes signage is to get people in the door and the businesses want it to be fair amongst businesses. McMullen was concerned about regulating signs. McMullen stated they should support the business community. Hoag stated the Board was trying to make the sign code have "more teeth" and to help businesses. The Board discussed!the Nantucket sign code. Ulshoeffer added the Town of Dennis does not have a zoning sign by-law they have a town by-law.A town by-law is easier to Change and to pass at Town Meeting. It does not require a 2/3 majority vote. Taylor discussed extra meetings and extra public hearings.Should they start meetings earlier? They discussed whether it should come back in the fall.The Board discussed process. Judd stated that fall is not the right time. He wants them to look at the ladder signs. He acknowledged that a lot of work went into the new by-law. He reminded the Board that the meetings were well attended. He suggested addressing the ladder signs only. Collum agreed with Judd. He suggested no sooner than spring.The ladder signs are good for fall (plus sandwich board,A-frames). He noted many of the businesses wish to have them. Collum was concerned about trying to make it pass again, Leaning asked for clarification. Ladder boards re-visited in fall or spring. Collum stated spring or whatever the Board wishes to do. Hoag suggested working on the entire sign by-law at one time. Hoag was concerned about taking the by-law to Town Meeting several times. McMullen suggested the Board think about it and at the next meeting make a goal or a plan. Hoag expressed concern about the timeframe for fall Town Meeting(needing the by-law in final form by August). Taylor suggested starting now for spring Town Meeting. Ulshoeffer suggested forming a subcommittee (Ulshoeffer, HDC member,community member). Possibility? Hoag agreed it should be discussed further. Klump agreed with Hoag and Judd. He suggested it go all at once. He thinks what they have is good except for the ladder signs.The by-law lost by 14 votes. He thinks the Board should stand behind the by-law and the business community. Fall? Klump volunteered to present the by-law. Leven suggested they address the "character of the town" and how it relates to the sign code.She explained the entire island of Nantucket is a historic district. She suggested reviewing other sign codes. Klump agreed they would be better prepared next time. Judd stated we wanted to level playing field across zoning districts. He disagreed with town character statement. Historic district exists with guidelines. Page 6 of 8 PB Minutes 6-12-13.docx Leven suggested more education to the public like a Face Book page. She explained they could post photos of different signs(sizes, location,visual cues). People need to see examples. Judd and Leven discussed using PowerPoint at Town Meeting.A presentation could be at the meetings and posted on the Web Site.The Board discussed using PowerPoint at the meetings if they have Room A. Leven suggested doing a piece of the sign code every Planning Board meeting. 1) Sign area 2) How measured 3)Types By-laws- for Town Meeting The Board discussed medical marijuana for the fall. Leven has sent some by-laws for review. Hoag suggested a half hour at the beginning of each meeting for the by-law.They discussed a continued planning discussion after the public hearing.A half an hour is probably not long enough. McMullen suggested starting with a half an hour.The Board discussed options. Taylor is concerned about HDC involvement. She asked if they should be more involved. Leven stated it is hard for HDC to permit something the Town does not permit.The intent is to provide opportunities for a greater variety of signs. HDC does not have regulations. Taylor was concerned about overlap with HDC. This by-law does not apply to people in the HDC. It is currently included in the by-law. Klump and Leven stated HDC is the only authority that legislates aesthetics. Hoag ended discussion. The Board discussed the medical marijuana law and the Town of Dennis. Leven explained the town could designate a location in a specific district. She added that given the size of a growing and districution facility, it may trip a DRI threshold and require Commission approval.The growing cannot be done outdoors.They discussed specifics. Hoag asked if the Board wants to be one of the last towns to bring it to Town Meeting. Leven explained most other towns have done a moratorium, but have not crafted a by-law yet. Leven discussed possibilities. Hoag was in favor of a draft by-law. Leven suggested the Board review the handout from a presentation she attended. Leven explained to the Board that the Town has no adult use by-law.The Board will continue to discuss. 2)Review minutes from 5-6-13.5-8-13. Taylor made a Motion to approve the minutes of 5-6-13 as amended, Klump Second,All Aye,Vote 7-0 Klump made a Motion to approve the minutes of 5-8-13 as amended,Taylor Second, All Aye,Vote 6-0-1, McMullen abstains. 4)Topics the Chair did not reasonably anticipate Taylor explained that the CWPC would like a meeting with the Board.The committee is interested in 7-24-13 at 6:30 pm. The CWPC would like to introduce themselves to the Board and provide an overview of their IWRMP plan. Hoag attended the Open Space presentation today. He suggested the Board look at the draft plan. *Chapter#9 goals, Planning Board reference. Taylor addressed Chapter#9,Action Items.They have existed for a long time and include timeframes,funding, and suggested responsible parties.She explained that sometimes the lists are incorrect.Taylor asked for comments by 6-21-13.She added that the plan can change and is reviewed once a year. Klump announced the ZBA approved the height variance for Coridian/MP Renaissance.The case will be coming soon to the Board. Leven explained how developers calculate height. She suggested they might need to review this in the future. Page 7 of 8 PB Minutes 6-12-13.docx Taylor asked why they have a 30 ft. restriction. She stated that barns are usually higher than houses. Why does it matter?The Board discussed height variances. Ulshoeffer asked about Article #1, zoning by-law 179-1 general provisions B—mentions Brewster master plan of 1970. Is that the last approved master plan? (Yes) Meredith Baier returned to the meeting.She explained she was not prepared to speak tonight. She wished to clarify for the Board. • Baier had an agreement with the owner(George) and property manager(Julie)when she would be on Cape • The understanding was that all would be in place when she returned • She arrived 5-28, met George 5-31,and there were no changes to property • 60 days was 6-3. (From 4-5-13, not recorded plan date) Issuance was 4-5. (60 days is 6-3) • There were deliveries behind the building and no sound proofing • Baier expressed concern about expanding into the doughnut shop. • The owner of Foster Square talked to Staley and heard it was against code to build vestibule. • Baier asked why the Planning Board would come up with a condition that was not allowed. • Baier explained Staley had not met with George • Baier concerned she has been lied to and no work has been completed,except other fence without HDC approval • The property manager told her the septic system failed.The conditions were based on a 2009 report. • Baier stated the report was concealed • 4 septic systems in Foster Square. 12/22 reports, property sold 12/28, no report for septic#3 • Baier believes it has not been inspected since 2009. Hoag explained they understand her concerns but they are acting on Staley's letter. He added the Board is here to listen and is concerned for both parties. He expressed concern about what has taken place and explained the Board is trying to react in a reasonable manner for both parties. Leaning made a Motion to adjourn, McMullen Second,All Aye,Vote 7-0. The meeting ended at 9:00 pm. The next meeting is 6-26-13 at 6:30 pm. Respectfully submitted, Allf/A1 Klump, •Ian nin g Board Clerk Kelly Moore, for Dept.Assistant- Planning Page 8 of 8 PB Minutes 6-12-13.docx