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HomeMy Public PortalAboutPlanning Board -- 2013-07-10 Minutes .Nei Brewster Planning Board hWylu�mnnu/UUi�i g o*ea'F�� 2198 Main Street r; :.t Brewster,Massachusetts 02631-1898 'a ' c ' (508)896-3701 ext.1233 ` r� y FAX(508)896-8089 .44142e0 :ma= m �a Approved:8-14-13 Vote:4-o,Leaning abstain TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday July 10, 2013 at 6:30 pm Brewster Town Office Building Chairman William Hoag convened the Planning Board meeting at 6:32 pm in the Brewster Town Office Building with members:Scott Collum,Jason Klump, Rick Judd,John McMullen, and Elizabeth Taylor present. Absent:John Leaning Other attendees:Sue Leven, Dr.John Eten, Pat Hughes, Danni Jesudowich, Lincoln and Mary Hooper,Jen Harney, Meridith Baier Documents,071013_A#2012-06 Department Review Summary,071013_B Letters from residents re:#2012-06 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 1)Dr. Eten—wind turbine on 441 W H Besse Cartway Dr. Eten was present. He has completed one round of testing and submitted the results to the engineers.They are having issues with the format. Eten has reformatted the data and they will tell him the next steps. Eten asked the Board for a sixty days extension for more testing. Hoag reminded the Board the deadline outlined in the letter was 7-8-13. Hoag asked the Board for comments. McMullen made a Motion to grant the extension 60 days for more testing, Klump Second, (there was discussion) Leven stated 9-11-13 would be the next discussion. Five Aye, one No (Judd),Vote 5-1-0. 2)Brewster Pizza Update Jen Harney,the manager of Brewster Pizza,was present. She informed the Board they were approved by Historic for the fence and exhaust fan covers. Fence halfway done, moving along. Judd asked about the vestibule.The Board will hear the request for a modification of a special permit on 8-14-13. Hoag asked about the trees. Baier told the Board they will go in after the fence is up. Hoag reviewed the list. • Delivery—not using back alley • No loitering signs (4)ordering two more. For Seaway • Staley's letter about vestibule—best place is inside. Baier had no additional comments. Judd asked Harney if the relationship with Baier had improved. (It has.) Baier stated the fence completion is half done.She described the fence placement in detail and noted she is satisfied Page 1 of 8 PB Minutes 7-1 0-13.docx with the progress. Judd asked about delivery of kegs and the vestibule in the other unit. Leven explained that the delivery and vestibule are not for discussion tonight.The Board will hear the application for the proposed modification in August. Harney will return 7-24-13 at 6:30 pm for a brief update. Baier asked about modification of the special permit on 8-14-13. Leven explained they would be asking to modify the conditions in the special permit. She suggested Baier follow up with Staley. Baier expressed concern about the modification and believed it to be incorrect. Leven stated Staley is the zoning officer and it is his call. The Board had a few minutes before the start of the public hearing.They reviewed the minutes. Hoag asked about the 7-17-13 public hearing advertisement content.There was discussion. Planning will follow up with the Chamber regarding the 7-17 meeting. Klump and Leven discussed the recent ZBA meeting. 7:00 pm Public Hearing #2012-06 Applicant:Coridian Associates, LLC, represented by Andrew L.Singer, Esq., 0 Harwich Road (Route 124) (between 772 Harwich Road and 854 Harwich Road), Map 63, Lot 2 (Formerly Map 40 Lot 9-1) in the RM Zoning District. The applicant is requesting a Site Plan Review special permit and a Use special permit to construct a 132-unit residential care facility to include 66 memory care units, 65 assisted living units, and a manager's apartment.The building will consist of two (2)two-story wings connected by a central one-story common core and will be approximately 137,877 square feet in total size. Hoag read the legal description.Andrew Singer, Esq.and David Kelly were present for the applicant. Singer presented to the Board with David Kelly from Kelly Engineering Group.Sydney Insoft, Andrew Stevens, Dave, Giles H, Ben LaFrance Hawk Design was present. Klump disclosed a potential conflict of interest regarding his relationship with the owners of Sweetwater Forest, an abutter of the project, and filed a notice of disclosure of potential conflict of interest. He explained he had worked with Sweetwater Forest in 2010. He added he is on good terms and believes he could be fair. Hoag noted the disclosure. Singer summarized the project. He referenced large color plans on an easel. Summary: • 131,877 square feet total (the legal ad said 137,877, but 131,877 is correct). Buildings clustered. 57% permanently protected open space. 85%open space including all landscaped areas. Cape Cod Commission (CCC)decision has been submitted.The conditions of the CCC decisions will become part of the Board's decision. • Have met numerous times with Town Staff.ZBA approved a technical variance for height several weeks ago. There are some significant changes in topography on the site. • Property mostly wooded. Kelly referred to the color plan. • A great deal of effort has been put into maintaining natural buffers. • Originally there were 208 units.The size has been reduced and pulled back. • Topography was reviewed. Building designed to fit into the property. 7%2 percent building coverage. Numerous sidewalks and courtyards. • Wastewater and storm water systems reviewed. • Proposal in harmony and applies to by-law. Benefit to neighborhood. • Serves an unmet need, low impact and sensitive to land and community. • Not short-term stay. Insoft has been in this business for 50 years. Memory care. Another business in Yarmouth. Page 2 of 8 PB Minutes 7-10-13.docx • Allows aging in place,which is important. • 12.8 acres of open space, protected by conservation restriction. Preserves developable land. 85%preserved as open space including landscaping. • Thicker buffers near houses on route 124. • Advanced wastewater facility. Emergency generator.Wastewater discharged outside of all drinking water area • No impacts on private water wells or water bodies. No impacts to wetlands. Low impact design, storm water, extensive landscape plan. Best management practices. • Low traffic generator,$52,800 for traffic mitigation • $135k tax revenue,jobs with benefits. Long-term employees, low staff turnover. • All setbacks have been met • Zoning allows 240 units • Lighting, low level,fully shielded • Signage • Underground utilities • Won't see parking from 124 • 5 acres abutting campground will be untouched. Dense additional buffers will be provided. • Post-construction,there will be a low level of activity • During construction, minimize impacts, no construction on weekends,8am-6pm Monday—Friday, no impacts to campground, no stock piling materials, dust and sediment control, DEP emission standards, approved buffering to be installed before building is built. • Requested ( 3 ) waivers of parking requirements 1) Reduction in#of parking spaces 2) Reduction in size of parking spaces. 3) Loading spaces. One instead of two David Kelly from Kelly Engineering Group presented to the Board. Kelly explained that the plans include input from CCC,Town,and neighbors. • They have accommodated request for egress from Fire and Police. Better site access. Divided driveway. He reviewed the layout. Driveways are designed for tractor-trailers. • He pointed out the wastewater treatment area and leaching areas. He pointed out the landscaped buffers. He reviewed the topography. Designing with the existing topography minimized cuts and fills. • Storm water management—fully complies with DEP storm water mgmt and reviewed by CCC Staff. • He addressed the large buffers. Possum Woods Rd 600 ft to nearest building. Pulled back as far as possible from Rte 124 neighbors. Landscaping provides extensive buffer. • He pointed out locations of courtyards and a walking trail for the residents. • Memory care areas include enclosed courtyards. Board Comments: Judd asked Kelly, layout#3, NE corner of parking,to#760 or#780, measurements to property.They reviewed the plan. Singer noted 96 ft to the property line but further to the house. Judd asked about the generator location. Kelly noted the location on the plan. Taylor confirmed nothing had changed in the landscaping from meeting with the CCC. Singer noted that was correct. Taylor objected to the use of Kentucky bluegrass seed.She wanted a conservation blend.She was in favor of using little water and fertilizer and no pop up sprinklers. LaFrance explained the use of sprinklers with pop ups as well as the proposed seed mix. Taylor asked about evergreen species. LaFrance proposed white spruce and white pines.They discussed further. Taylor noted that Leyland Cypress and Arborvitae was suggested earlier in the process. Taylor asked for an evergreen buffer plan. It was discussed at many meetings. LaFrance reviewed a plan. He explained the evergreen Page 3 of 8 PB Minutes 7-10-13.docx buffer. Evergreens clustered among current trees. 8-10 ft. height trees. Blending trees, not in a line. Taylor confirmed trees are being planted after the site is cleared.Who is getting the conservation restriction? Singer confirmed and noted they will ask BCT. McMullen asked about construction timeframe.Trucks leaving and exiting.When will you first see the facility? Singer stated approx. 18 mos. 6-9 outside construction. Grading,at entrance. Heavily wooded. Singer stated the intent is to limit viewing the building as much as possible. McMullen asked about total staffing. Singer stated 3 shifts, 7-3 biggest shift, and 67 full time equivalent jobs.Overnight the smallest McMullen asked about visiting hours. Insoft noted that visitors can come and go. McMullen asked if the 88 parking spots were adequate. Kelly explained this is based on industry standards and Insoft's recommendation. Waivers, net result if followed zoning would need over%2 acre more asphalt. McMullen asked about hiring local vendors. Insoft,yes, 50-100 small vendors service the facilities. He buys from local vendors. McMullen asked about estimates of deliveries to facility. Insoft,Sysco once a week. Insoft noted this is a first on Cape--affordable Alzheimer's facility. 14 units will be affordable housing. Hoag asked about 88 spaces. What percentage is for handicapped parking? ADA requires, 4 are handicapped accessible. Consistent with other facilities. Hoag asked about waiver of loading docks from two to one. Leveling docks? Backup? Kelly most vehicles are equipped with doors.One tractor trailer a week. It is adequate. Taylor asked about 10 x 20 vs 9 x 20 parking space dimensions. Kelly noted this is often debated.They felt the narrower spaces are sufficient. Taylor did not agree. Judd asked about shift changes—11 to 7 am.Where will employees be parking?To the East? Kelly&Singer stated north and south ends of the building, along east, mostly visitors. Hoag asked about no smoking facility. Insoft confirmed it is a no smoking facility. Klump asked about the CCC conditions, no framing or major work between 6-15 and Labor Day? Singer said there was discussion about this Taylor agreed.Yes, between Labor Day and June 15. Klump asked about rendering of the entrance. Have you considered leaving more natural as is? Kelly confirmed that was the goal.They wanted to match the grade as much as possible. It is a combination of rows of trees and shrubs and re- vegetation.There is a large buffer too. McMullen noted they have done an outstanding job tweaking the plans and with the presentation. Hoag read an email from an abutter. 53 Possum Wood Rd. He is concerned about visuals, lighting,views,screening, noise,construction,and it being a commercial enterprise. Hoag asked about noise levels from construction and abatement procedures. Singer referred to the list already discussed. Hours,time of year List of restrictions will minimize. Hoag asked if anyone from Possum Woods be able to see the building. Kelly referenced the plan with the measured distances.They are 600 ft. from the building. Page 4 of 8 PB Minutes 7-10-13.docx Hoag read the Dept Review Summary The Board of Health will not meet unit 7-16.The State process will apply because of the size of the project. Singer and Kelly stated they would meet with the fire department and police department. Singer stated they agreed to purchase to an electric stretcher and will be donating to the fire department. Taylor asked about design changes. Ambulance loading? Singer noted only if the site changes.They do not know if the site will change.They will talk to Fire. Possible additional striping on pavement. Kelly stated they would confirm with Fire. Driveway is sufficiently wide. Taylor asked about the Leyland Cypress growing fast and dying young. Replacements?Singer 3 yr. landscape agreement LaFrance noted Mr. Insoft does a great job maintaining his current properties.They hoped they would not have to replace.They can add a note to the plan and it could be included in the decision. Collum asked about the dumpsters near the loading bay. He was concerned about parking. He thinks 88 spots might not be enough. How many evergreen trees will be planted? LaFrance stated the proposed numbers of trees would be installed. How many near#772 to#776?33 total, another 5. Public Comments NAME ADDRESS IN FAVOR OF PROJECT NOT IN FAVOR OF PROJECT COMMENTS Laurie Ann Rylander 676 Harwich Rd. 1)Concerned about visual size of Singer noted he did not Co-owner or total acres(aerial views)25 vs.85 understand Rylander's Sweetwater Forest 2)Fast process,does not questions.He explained that and Farm understand project,says half of the the project is part assisted Town does not know about project living and part memory care 3)Not eco or tourism based project, facility.There was a continued not appropriate for town discussion.Insoft added it is 4)Concerned about construction assisted living and the average noise,parking spaces,handicapped age is 85.Memory care does access. not involve an age limit. 5)Concerned about the size. Mary McCormick Dennis Resident Nana died of Alzheimer's. She read letters from others Moving from different who could not attend the facilities was difficult. meeting.See Caporello, Sounder,Otis,Souder Joy Caporello Orleans Resident Project is needed to serve area needs and to provide options. Nancy Souder Brewster Resident Options and quality care are essential for seniors/quality project David Otis Orleans Resident Many seniors who are later diagnosed with Alzheimer's need assisted living care in early stages, then full care later. Barry Souder Brewster Resident We need to take care of our local seniors and we need to keep them here in Brewster. Colleen O'Brien Brewster Resident The combination of quality assisted living and Alzheimer's care in one place is answered prayer for those afflicted with the disease. Greg O'Brien Brewster Resident Brewster resident He added that Jeff Smith and Journalist involved with Jon Lipman both are in support land acquisition in the of this project. Page 5 of 8 PB Minutes 7-10-13.docx past. Mother had Alzheimer's, and he has early onset Alzheimer's. He wants to stay in the town.He read the letter from his daughter. Public comments,continued. Lee Bongiolatti,33 Possum Wood Road He had a question about vegetation. He reviewed the plan and discussed adding more trees. Andy Evans,53 Possum Wood Road He asked to see the plan showing location and questioned the number of trees to the north side. He asked about the exterior materials of the building. Andrew Stebbins explained cement fiber,clapboard and shingle style. Looks like painted wood shingle with PVC trim. 15 yr.warranty. Stone in the front of the building. He showed a rendering.Asphalt roof,Cape Cod architecture elements. LEED rating? Higher than 25%. Does town have policy? No policy. Lighting issue?Seen from north view? LaFrance addressed the lighting. It shows light fixture locations and array.0 ft. candles at edge of pavement. Very low. Downward focus. Dark sky compliant. Kelly explained there are 23 approximately trees.Thick buffer. 600 ft.from the structure (2 football fields) Klump asked for clarification of assisted care and nursing care. Singer, skilled nursing center—memory care, people have specific illness(Alzheimer's). Leven explained Board is voting on site plan and use. Rylander apologized for any offense. Her parent died of Alzheimer's. She expressed concern about the visuals.She feels there are already places that offer these services.Why in Brewster? Hoag asked if more trees could be added to the decision. Singer confirmed yes and added 12.8 is all in Conservation land. CCC felt confident, downward lighting,will not see it. Taylor stated she understands how people are used to having green space next door.This is a large lot. It could be a 16 houses subdivision. It could be an affordable development with a lot more houses.The Town cannot always buy land available, Development does happen and there are huge buffers. Once the building is done,they should tour the vegetation to see how it is working out.There will not be light spill. She questioned the 14 ft. height. LaFrance explained that the 14 ft. height meets CCC regulations regarding the height. Judd commented on the discussions with the Fire Department.Ambulance parking. Painting additional space? Singer noted the answer might change once in construction.They will conform to whatever the Fire department wants.They will come back if the plan changes. Klump asked if the use is needed. He asked about the availability of space in other facilities. Singer explained he could not speak for other businesses. They did a business economic impact studies and there was strong need. Epoch does not have dedicated memory care facility. Other sites are mentioned in the economic study. Rylander stated that EPOCH is not full. Hoag noted in the future there is going to be more need. Taylor recognized the increase in older population. Singer noted facility in Yarmouth has a waiting list. Rylander asked about the size of the Yarmouth facility. (Yarmouth facility is larger than proposed development) Page 6 of 8 PB Minutes 7-10-13.docx Collum addressed parking. He was in favor of 9ft. instead of 10 ft. He discussed numbers with Singer. He asked about assisted living and need for parking. Insoft explained no one drives.85+years of age. 80%women.About 20 visitors daily. Hoag agreed with Collum regarding parking based on the number of employees. It seems tight. Leven suggested the applicant provide information on the number of cars/based on spots/residents for their other facility. Singer added the CCC asked for the parking reduction.The Board could include a condition year after site opens,and come back to review the parking.There is room if additional parking is needed. Collum added he understands the issue.What if the Board requires more parking?Go back to CCC. He suggested going with the condition. McMullen reminded the Board how many times they have argued on cutting down the amount of pavement. He agrees with the 88. He suggested reviewing in a year and designating an area for additional parking. Judd agreed with McMullen. Taylor agreed.She would be in favor of overflow parking on grass or pavers. Rylander asked about the size of paved parking vs.area of conservation. Expanding? Leven explained there is still available land that is not conservation. Singer showed the plan to Rylander. Collum was in favor of a future expansion area for parking. Singer questioned showing a reserved area and whether they would need to go back to the CCC. Taylor suggested talking to Andrea at the CCC. Leven expressed concern about grass parking. She reminded the Board they are requesting information.Singer explained they could double the parking. Is the Board asking for additional information? McMullen explained they could we keep it open for 2nd meeting. Judd stated no more studies.They have been through it. Collum agreed. McMullen made a Motion to close the public hearing, Klump Second,All Aye,Vote 6-0. Conditions: • Review buffering within one year, relative to screening,from Certificate of Occupancy. • Parking,one year from operation.Same timeframe. Determine if 88 spaces are sufficient. • The CCC decision will be part of this decision. (Not directly attached. By reference. Project#TR12002) • Applicant obtains Fire Department sign off before obtaining the building permit • Waivers- of parking spaces, size of spaces, 1 loading bay instead of 2 Klump made a Motion to grant a waiver for a decreased number of parking spaces, 88,Judd Second,All Aye,Vote 6-0. Klump made a Motion to grant a waiver for the 9 x 20 parking spot from 10 x 20,Judd Second, Four Aye, 2 No,Vote 4-2. (Collum and Taylor voted no) Klump made a Motion to grant a waiver for the 1 loading bay instead of 2,Judd Second,All Aye,Vote 6-0. Singer asked the Board about Section D,Waiver of Parking. He asked about findings. He read from the document. Taylor noted the Board used to go through each item on the Site Plan Review checklist. Klump noted the new parking by-law was approved. He said space requirements are not rigid. Leven stated she was not sure if they needed the waivers.They discussed the need for waivers. Collum added if the applicant applies for the permit before the law changes they are stuck with the old law. Singer stated he was fine either way. McMullen expressed concern with the construction period. He asked if they could condition that the owner will pay due diligence in keeping the contractors in line, i.e.going in and out. Singer noted in conditions. Everything in the CCC decision applies. Leven will work on the wording of the "replacement of plants in the buffer area,visual buffer, as long as facility is there" Singer may submit a draft decision to Leven. Page 7 of 8 PB Minutes 7-10-13.docx Use Vote Klump made a Motion to approve#2012-06 Coridian Associates, LLC Use Special Permit for q 132 unit residential care facility at 0 Harwich Road, Map 63, Parcel 2, subject to conditions and waivers discussed,Judd Second,All Aye,Vote 6-0. Site Plan Review Vote Klump made a Motion to approve#2012-06 Coridian Associates, LLC Site Plan Review Special Permit for a 132 unit residential care facility at 0 Harwich Road, Map 63, Parcel 2, subject to conditions and waivers discussed,Judd Second, All Aye, Vote 6-0. Planning Discussion 1)Discuss Sign by-law There will be paper copies of Elbert's comments in the locker. Leven will send a PDF to the Board. 2)Review minutes from 6-12-13 Klump made a Motion to approve the minutes of 6-12-13 as amended,Judd Second, All Aye,Vote 6-0 Topics the Chair did not reasonably anticipate None. Klump made a Motion to adjourn, McMullen Second,All Aye, Vote 6-0. The meeting ended at10 :00 pm. The next meeting is 7-17-13 at 6:30 pm. Respectfully submitted, Aliv Jaso e'mp, °1. Board Clerk Kelly Moore,Serf Dept.Assistant- Planning Page 8 of 8 PB Minutes 7-10-13.docx