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Approved:8-14-13
Vote:5-0
TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
Wednesday June 26, 2013 at 6:30 pm
Brewster Town Office Building
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, Pat Hughes
Documents:062613_A Letter to the State, House Bill#1859 Chapter 40A
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 pm Planning Discussion
Hoag intrCoduced Pat Hughes as the Liaison to the Planning Board from the Board of Selectmen. Hughes addressed the
Board.She looks forward to being the liaison to the Planning Board. Hughes was on the Planning Board in the past.
1)Brewster Pizza Update
Jen Harney,Julie Manchester and George Deligiannidis were present.
Manchester stated she was in charge of moving forward and had an update for the Board.They are going to the Historic
I District Cimmittee for approval of a 6'fence and exhaust covers.She has submitted a list to the Board of the status of
i all the colditions.They will be ready to move forward on the fence and plantings as soon as the HDC meeting is finished.
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Hoag questioned why they did not know that they had to go to Historic District first. Harney stated it was not clear and
Deligiannidis did not think a 6' fence required a permit. Fence along Seaway has been installed.
xLeven suggested going through the list of conditions. Manchester provided a summary.
1. Fence along Baier property—7/8 Historic District meeting. Ready to go as soon as approved.
Judd questioned the property lines being determined.A surveyor has been hired to determine property lines.
(John O'Reilly&Associates)
2. Leylan l Cypress—40 trees on hold at Agway of Dennis
Leaning suggested being careful with the root ball and burying the drip hose.
Leven stated the Leyland Cypress on Baier's property would be removed before planting the new trees.
3. Same s#2.On hand within 1 day.
4. Exhaust fans--going to Historic District with this.They will be covered,soundproofed, and shingled.
5. Deliveries—No vehicles will be allowed behind the building
Harney stated it was her fault they were using the back of the building for deliveries. She explained further.She
apologized to Ms. Baier. Harney wants to re-examine the beer deliveries through the kitchen.The rear door is
essential since it is close to the cooler.They receive an average of two deliveries a week.
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Leven explained any changes would be a modification to the special permit.
6.Vestibule—They want to use the Unit 24(the former donut shop)for access instead of a vestibule.They cannot do
what was conditioned. The building inspector explained the main entrance is not suitable for a vestibule.There is no
space.
Deligiannidis explained his idea further to the Board.There will be two double doors a hallway and entrance to the bar.
Klump asked if a public hearing is required. Leven explained it would be part of the modification.
Klump asked if there a reason to not present it to the Historic District. No space, sidewalk issues.
Judd asked about the plans.Access to unit 24?(Yes, storage only)The Board reviewed the plans.
Hag explained the new vestibule would have to go through a modification of a special permit.
Leaning asked if they thought of putting the vestibule on the inside. There are space issues.
Harney explained that Staley did not think HDC would approve it as the Planning Board requested it.
Klump asked about ownership of the donut shop—Unit 24.The Board discussed the vestibule and HDC further.
7. Done.They may put one more section up to completely block the dumpster.
8. Harney explained there are two people hired.They will have someone out every night. 12:30—5, signs for no
loitering.
9. Entertainment License—They will not re-apply until everyone is satisfied.
Manchester stated they would work to get everything done as soon as possible.
Hoag stated the next meeting is 7-10-13 and asked them to be at every meeting until everything is finished.
Deligiannidis stated they are trying to do it all right.They are committed to this project.
Harney asked about the special permit modification process.They will share both vestibule ideas with the Historic
District.they discussed further. Klump encouraged applying for the modification. Leven clarified meeting dates.
Judd asked about the building code requirements for the handicapped access.They have checked with Staley.
Meredith Baier approached the Board.
Baier staked she was taken by surprise and asked about how this became a meeting about a further expansion.
She was oncerned about the detriment to her property. (Noise, odor,traffic, pollution, screening,fencing, landscaping
and the 20-day appeal period.) She appealed in May of 2009.
Baier stained the judge ruled in her favor. Baier wanted her property protected and she believes the conditions
accomplish this.
Baier explained that Deligiannidis did not talk to Staley until June 4. Baier spent time, energy, money(emotional angst)
She feels'that the conditions have not been met.She explained she did not oppose the decision and now has no
recourse, Hoag explained that the modification requires a public hearing. Leven added an explanation of the process.
Leven and Baler discussed further.She feels the conditions have not been met and expressed concern about the
modification process. Baler was not back until 5-28. She thought the installation would happen when she got back.
Leven stilted that Brewster Pizza could have come back to the Board if they could not meet the deadline in the decision.
Part of the work was delayed due to Baler's schedule.
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• Hoag stated that the new owners did not go to Staley in a timely manner. Baler stated she told Deligiannidis about the
Historic District.They knew the conditions at the end of March. (Fencing and plantings) Baier expressed concern about
the trees and fencing placement.
Hoag acknowledged the specifics mentioned in the decision. He read from the decision. Manchester confirmed specifics
with Baier.
Taylor asked if they should have an "as-built" or"planting" plan. Leven explained a plan might be requested after the
work is dcjne.
• Hoag stated if things do not go well,they could still begin the process to revoke the permit. He has asked the Brewster
Pizza contacts and Foster Square management to continue to attend meetings.
• Leven provided further explanation of the compliance about outstanding conditions and an upcoming modification
special permit.
Baler stated she is in favor of no vestibule if amplified music is not allowed.
Klump asked for clarification of revoking a special permit. Leven read a letter from Town Counsel.A public hearing is
required and notification of abutters is required.
Judd asked about HDC 7-8 meeting and the start date for work to begin. (Fence and exhaust covers). Leven stated if
approved,they should start work 7-9.
Baier asked if the compressor is covered. Manchester confirmed HDC would determine.They have a sketch.
Hoag noted the deadline date for completion of the conditions has passed. (7/2) He requested photos of the completed
work.
7:00 pm Public Hearing
Rescission a Definitive Plan
#2013-00 Applicant:Stephen Wheeler, Dulcie E.Sloane,and Mary Jane Wheeler,0 Old Long Pond Road, Map
93, Lot 251-0-R and Lot 26-0-R(Formerly Map 47 Lot 12 1C and Map 47, Lot 12-1B)in the RL Zoning District.
The appli lant is requesting to rescind the October 10,2007 approved subdivision plan (creating Lots 1E, 1D and to
maintain the approved subdivision plan of March 4, 1986(creating Lots 1C, 1B) under the Subdivision Control Law,MGL
Chapter 41,Section 81-W.
Hoag read the legal.Stephen Wheeler, Dulcie Sloane and Mary Jane Wheeler were present. Wheeler,S explained
they want to rescind the 2007 plan in favor of the 1986 plan. Wheeler provided a brief history of the subdivision. He
stated the property transfer was never complete.
Hoag stated the old subdivision conforms to the frontage.The new plan does not. (2007) McMullen asked if the new
plan was recorded. Leven stated they were both recorded. She explained they are here since they were both
recordedk
Judd asked for clarification on 2007 plan. Leven confirmed. Mary Jane Wheeler stated she is in favor of going back to
the 1986 plan.
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Hoag read the department reviews. Hoag read a letter from Staley. (All comments refer to 2007 plan) Hoag read a
letter from James Gallagher, Conservation Commission.
Klump made a Motion to close the public hearing,Collum Second,All Aye,Vote 7-0.
Leven shared a letter from Town Counsel.
Judd made a Motion to approve the Rescission of Definitive Subdivision Plan from 2007 and Reinstate the 1986 plan,
#2013-08,,'Collum Second,All Aye, Vote 7-0.
Leven explained the decision paperwork process with the applicant and owner.
Planning Discussion
2)Discuss Sign by-law
The Board discussed the Sign by-law and ways to approach revisions in the future.
Collum suggested taking everything item by item. He would like to see resolution of the "heavier" items before
• moving on (I.e. size of signs) He suggested focusing on individual aspects. Review again if comments come in from
the public.
Taylor and Leaning agreed. Leaning questioned timing. Put off until the spring?
Hoag suggested starting with the revised by-law.
Collum stated they should work to modify the one presented at Town Meeting—since most agreed.
Most Board members agreed to start with the revised by-law sent to fall Town Meeting.
McMullen stated that spring town meeting is too late. Fall Town Meeting? Better for business community? Hoag
asked where the business community is McMullen stated they should encourage people to come to the meetings.
He suggested that Moore call and invite the Chamber of Commerce members. Judd was concerned that the
interested business people will not turn out since everyone is very busy. Leaning agreed that summer is busy for
everyone He suggested they should put the community"on notice" and tell them this subject is going to be
discussed at every meeting. He thinks a Chamber representative should be present. McMullen and Hoag agreed.
Taylor wants more involvement from the community. (Not specifically the business community) Leven suggested
social media outreach.The Board discussed PowerPoints, etc.
Hoag suggested completion of the by-law by end of year He suggested discussion earlier than later. Meetings open
at 6:30 pt. Leven suggested work sessions in-between regular meetings.One work session a month? Sumer time is
busy. Collum suggested public hearings at either 7:15 or 7:30 pm.This would allow an hour of discussion before the
hearing. Hoag suggested public hearings start at 7:30.
Judd stated they would need to discuss ladder signs with the BOS. (Signs on public vs. private property)
Elbert Uleshoeffer suggested starting from what was proposed. He suggested being firm about the timeline.
He was not in favor of multiple public hearings. He was concerned about staying focused until everyone agrees. He
was concerned about the sign size (sq.footage)and location. He suggested a separate article for specific sections of
the by-law. He was not in favor of banners up for 60 days. He wants them up for a week before and a week after the
event. He was in support of the definitions.
Leven stated banners could not go across streets without State or local permission.
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Collum agreed to stick to the process. Dates and restrictions. He appreciated Uleshoeffer's comments. Taylor agreed
to stick to the timeline.She explained the revised by-law was good relative to definitions. Taylor wants photos of the
different types of signs online.
Leaning suggested setting specific sign-topics on the agenda for each discussion.
Judd suggested starting at the beginning. He appreciated Uleshoeffer's comments and agreed with having the photos
of the signs for reference. Taylor asked for a message on Channel 18. Leven added putting information on the Web
site She suggested a video.
Collum suggested at the end of each meeting they should decide on the next topic to work on
Hoag asked Leven for a proposed plan to attack this issue. (Specific sections of the by-law each meeting)
Leven and Uleshoeffer will meet and review his comments.
Klump qu stioned going through each section.
Collum w s in favor of going through each section. He liked the idea of letting the public know a specific topic will be
discussed He suggested the first meeting in January should be the public hearing.Taylor agreed. Collum suggested
following up with a second public hearing. Taylor agreed.She likes the idea of being six months ahead of Town
Meeting.J
• Hoag asked about getting through so many sections and then having a hearing. Collum suggested two different
articles.They discussed options.
Leven suggested narrowing the topics. 1 meeting—ladder signage, 1 meeting—locations, use or by zoning districts.
She was not in favor of separating into several articles.
Hoag was in favor of presenting the whole article all at once.
• The Board discussed upcoming July agendas.
Hoag surnmarized:
• Extra meetings once a month
• Public hearings starting at 7:30 pm
• 717-13 public hearing for signs, 6:30-8:00 pm
• Photos of signs to review(show scale)
• Medical Marijuana discussion 8-14-13
• McMullen suggested if time opens up on 7-10 or 7-24 the Chair could discuss the Sign by-law. Collum suggested
finishing the sign by-law by first week of public hearing. Judd agreed with everything except ladder signs.
Hoag believes the Board will work through the by-law quickly. He expressed concern about the ladder signs.
Leven stated there are legal issues related to ladder signs that need to be worked out The signs might be on Town
land but not owned by the Town. Leaning stated that preparations for ladders signs needs to start now
Uleshoeffer explained he worked in the Dennis building department today and reviewed the ladder signs. He shared
photos. He asked Leven to talk to the Town Planner, Dan Fortier.Their by-law is Town code not a zoning by-law.The
BOS in Dennis has worked out ladder signs issues. Plymouth Sign Company manages the signs. Do you want it to go
out to bid or ask DPW to take it over? He suggested Leven request the Town document from Fortier. He stated most
people are concerned about sign size and how a business can use the total size.
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Hoag would like the public hearing to be in January.
Collum was in favor of Town Code vs. zoning by-law. Leaning suggested talking with Bersin in DPW.
Taylor suggested an interim public hearing for ladder signs.
The Board discussed options for displaying visuals in the meeting rooms.
Klump questioned starting with definitions.
Hoag questioned purpose and scope.Should it still be guidelines?
Klump suggested ladder signs, size of signs, and zone vs. use. Zone vs. Use should be first.
They discussed public hearing advertisement and process. Leven and Klump do not think many business people will
attend.
Leven and Hoag discussed priorities and public hearing vs. regular meetings.
Judd was in favor of Zone vs. Use.Size can be discussed. Ladder Signs, then definitions.
The Board agreed with Zone vs. Use, Purpose and Scope, Ladder Signs, & Definitions.
Hoag wasin favor of starting with Purpose and Scope, Definitions,etc.
Leven will's meet with Uleshoeffer and get his comments for the Board.
Judd stated that Uleshoeffer is one person sharing an opinion. Leven and Hoag believe since he stood up at Town
Meeting and has taken an interest the Board should listen to his comments.
Hoag asked the Board to prioritize 7-17-13 agenda
Collum— oning vs. Use
McMullen—Purpose and Scope,Zoning vs. Use
Klump agreed with McMullen
Judd—Zoning vs. Use
Leaning-4 Purpose and Scope,Zoning vs. Use
Taylor—Agreed with Leaning
Leven asked if the Board wants the 7-17 meeting to be a public hearing.
The Board agreed.
Leven explained a letter to the State(Robert DeLeo) Don Keeran from APCC asked Board to sign.
House Bill#1859 Chapter 40A
Proposed changes include the ability to vote to pass zoning articles by a simple majority instead of 2/3,and
eliminating ANR's
Leven and Taylor expressed support.
Collum stated he does not have time read the information about the proposed changes and therefore does not
support the letter.
Leven explained the letter is time sensitive and gives the Town the option of bringing an article to Town Meeting to
change from a 2/3 majority to a simple majority vote. It provides an option.
Collum expressed concern about this proposed zoning change.
Klump was in support of the change.
McMullen stated he had not read the letter.
Leven will add to the next agenda.
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'moms
Klump made a Motion approve the letter, Leaning Second,4 Aye, 3 No,Vote 4-3-0. (No: Collum, McMullen,Judd)
Review Minutes from 5-22-13
Leaning made a Motion to approve the minutes of 5-22-13 as written, Collum Second,All Aye,Vote 7-0.
Topics the Chair did not reasonably anticipate
None
McMullen made a Motion to adjourn, Leaning Second,All Aye,Vote 7-0.
The meeting ended at 9:00 pm.
The next meeting is 7-10-13 at 6:30 pm.
Respectfully submitted,
,41
n KIu ping Board Clerk Kelly Moore, Senior D t.Assistant-Planning
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