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HomeMy Public PortalAboutPlanning Board -- 2013-08-07 Minutes i k r h Brewster Planning Board nmuunu aos� �. 2198 Main Street 9 Brewster,Massachusetts 02631-1898 If :!, .s (508)896-3701 ext.1233 ° " FAX(508)896-8089 1, *v �.a rte^re^.:e BREWSTER 4W1LERk , Approved:9-11-13 Vote:6-o TOWN OF BREWSTER PLANNING BOARD '13 5EPL6 L Jb'1 Regular MEETING MINUTES Wednesday August 7, 2013 at 6:3o pm i Brewster Town Office Building Chairman William Hoag convened the Planning Board meeting at 6:35 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, Historic District Committee Members: Larry Houghton,John Halvorson, Don Arthur,Jim Trabulsie,and Brian Warburton, Elbert Uleshoeffer,Terry Halvorson • Documents:080713_A Handout from Elbert for the Board regarding HDC/Signs The Chair 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." 1 6:30 pm public Hearing 1 *The meeting was not a "public hearing" because the newspaper did not publish the advertisement. Hoag read the agenda and welcomed members from the Historic District Committee. t Agenda--The Planning Board is seeking comment on Sign Regulations in Brewster and proposed changes to be brought to Town Meeting in May of 2014.Specific topics on which the Board is seeking comment at this meeting include: *The green and white ladder signs at various intersections in Brewster *The appropriate maximum square footage for signs in Brewster ' * A sunset clause Topics Discussed: 1)*The appropriate maximum square footage for signs in Brewster Judd presented some props to the Board.The examples were painted plywood shapes in different sizes. 1)5x5, 2)6x2, 3) 16x16,4) 1x1, 5) 1x4,4 sq.ft—painted boards. Leven and Collum helped present the boards. Circular 4 sq.ft, 1x2,2sq.ft—2x3, 6sq.ft, 2x2, 4 sq.ft. Judd addressed how the Board could come to an agreement on total square footage or maximum use of square footage. 4. Hoag stated the Historic District Committee (HDC) has regulations for all of Route 6A. He asked the HDC for any Z. recommendations. Collum asked the HDC to define the boundaries of the Historic District. Halvorson informed the Board there is a map in Victor Staley's office. 1 Houghton added that Brewster is one town that has only historic areas.The major area of concern is 6A. Arthur told the Board that a lawyer for the HDC gave them a good presentation. Brewster has made the decision to exclude some areas in town. He referenced the map. (Staley provided a map for reference) *brown area= enforcement area. { Warburton asked if the Board had read the Old Kings Highway Act about signs. He read from the act. (Re:size) fi Page 1 of 5 PB Minutes 8-7-13.docx Signs in excess of 12 sq. ft in area How many signs make up what is allowed? He believes they do not have a huge single sign issue. He expressed concern about groups of multiple signs. He stated that in the Town of Sandwich any sign with direct competition is not allowed. In historic, 12 sq. ft. unless grandfathered. (Like the Dugan sign on Route 6A) Concerns: • No open flags or banners in historic—falls under undesirable • Old Kings Highway is state law. Again multiple signs seem to be the problem • Make it clear, number of signs allowed, enforce fines on signs, sandwich board signs aren't always on their property • Many signs are on state property and have not been approved. • Make it clear what you want to change in the sign code. Arthur noted he had a good conversation with Leven about signage. He has noticed that some signs can be hard to read from car. He acknowledged that the merchants need better guidelines. Hoag asked why some signs on Route 6A are 15 or 16 sq.ft. How were they permitted? Halvorson explained that the Dugan sign has been there for 30 years. There is no enforcement and people have done what they want to do. If a sign is denied then the applicant can take it to the Historic Commission in Barnstable. He referenced the HDC Act. Hoag asked about the 12 sq.ft—in district. Yes, in district. Houghton noted it does not indicate all are 12 sq.ft. (it is desirable). Judd acknowledged that 12 sq. ft. is a guideline. Houghton added it is from the Act. Arthur acknowledged that the merchants are concerned about equity. Houghton explained that the HDC is not an enforcement agency. Elbert Ulshoeffer addressed the Board. 178 Stony Brook Road. • He tabbed the HDC guide for the Board and distributed copies. • He addressed how the Board could mitigate for smaller signs. He suggested the Board makes changes and then before the final public hearing gives the by-law to the Historic Committee. • He suggested they could exclude ladder signs and have people go directly to Victor Staley. (Once size and color were determined) • He has enforced signs in Sandwich, Barnstable, Dennis and Orleans • He addressed Section 7, temporary structures or signs, exemption, functions and shared an example. Planning could determine a timeline. HDC is not concerned with these signs. • Real Estate signs not more than 3 sq. ft.—can be exempted • Occupational signs not more than 1 sq. ft. • Regarding any other temporary structure or sign—The Planning Board figures out the square footage, HDC agrees or disagree. Both boards are now working together to find a compromise. He stated this was a good start to a conversation. It is within the Act. Ulshoeffer referenced West Barnstable-Sandwich and noted the signs are not over 12 square feet. (HOC Act and CMR regulations) He also referenced Old Saybrook and Old Lyme Connecticut. He shared this example to demonstrate what could happen to a town that does not control signage and loses ambience (Old Lyme). Do we want the ambience of 6A in the whole town? Halvorson provided HDC Act background for the Board.They follow the size limit in the Act. He noted that if people do not like their decision they could appeal to Barnstable or go to court. Halvorson referenced the historic area and explained that old signs have character. He was not if favor of changing them in the past. Klump asked for clarification of his statement regarding size being relative to character. Houghton asked if the Board has looked at the act. (Size and number of signs) Page 2 of 5 PB Minutes 8-7-13.docx Hoag stated he had read sections. He explained that before the last town meeting,the Board held hearings,and the business community was in favor of 30 sq.ft on Route 6A.The businesses are competing with other towns not in historic, and they need signs to draw people in. At the last sign meeting an owner of an antique shops off Route 6 explained why she needed a sign on Route 6A pointing to her business which is off Route 6A. Warburton noted 10 to 15 years ago, many signs in the historic district were removed because it was too much signage. Warburton added that most people today use Apps and more signs will clog things up. He asked if we want this in Brewster. What about handmade signs? Most of these businesses close off-season. He believes that more signage is not needed. H_oag suggested keeping uniformity, maybe temporary signs-for antique shops. Halvorson stated that multiple disjointed signs are not permitted.They would not approve. Klump state law gives you the broad discretionary to determine what are ascetically pleasing. There was a brief disagreement between Halvorson and Klump. Leven asked if all green and white ladder signs should be removed. Based on what is being said,should they be removed? The committee was not generally opposed. Houghton stated it was a good thing and brought together a presentation of information. Leven asked if HDC would support additional ladder signs on Route 6A. Houghton stated he would not be opposed but would need more details. Halvorson explained that a ladder sign was proposed for Thad Ellis Road to describe activities. He added that not a lot of places would allow this. Terry Halvorson addressed the Board.She owns Rose Forge. 320 Underpass Road. (Off Route 6A) She explained how she worked with the previous building commissioner(David Thyng)to get signs at the end of the roads that intersect with Route 6A. Business on rte 6A, 320 rose forge business.She applied and got approval through the HDC. End of Underpass, Route 124/6A, Route 124/6a, 137/124. $100 to$150 per business paid insurance, need to repainted, never a problem,great way to direct people off main road. Leven and Halvorson discussed ownership, location,approvals, maintenance, etc. (they need to be painted) Arthur stated there needs to be a happy medium. He agreed with Ulshoeffer. Businesses need to be recognized. He provided a Brewster Market example. He was in favor of a compromise. Sunset Clause Judd asked if the sunset clause was potentially an avenue. Leven explained further.The sunset clause would be 3 to 5 years from the by-law.All signs have to conform or be removed. HDC Act has a sunset clause. Warburton was not in favor. Arthur expressed concern for signs that add to the landscape of town and have historic value. Trabulsie agreed with Halvorson regarding preserving the historic nature of the district. He was against a sunset clause. Collum suggested at the transfer of property or closure of business.The Board discussed further and shared examples with the HDC. Arthur asked them to consider signs with overwhelming historical significance. Hoag asked how many years is a sign considered historic. Halvorson stated since 1973.The Board and the HDC discussed further. Ulshoeffer explained that it is up to the committee to look it up and make a decision. Some signs went up and where supposed to come in for approval or they did not. { Page 3 of 5 PB Minutes 8-7-13.docx • 1)*The appropriate maximum square footage for signs in Brewster,cont. (T)=Industrial Zone Member Square footage Comments Collum 12 in HDC, 16 rest of town Additional (2) 6 sq. ft. signs allowed McMullen 12 is not enough, Foster Sq. has 16 Business community wants fair (Limit 2 extra signs for May-Sept.) playing field and the business people should be here to discuss. I zone does not need signage. Retail businesses need signs. Houghton In favor of leveling the playing field in town. Signage has competitive nature to it and the act wants to avoid this. Keep bucolic ambience of town Hoag 16 with (2)others no more than 6 sq. Acknowledged that Brewster ft.each. (I)zone 30 sq.ft. businesses are competing against similar businesses in other towns Klump CH and VB max 20 sq. ft, Residential Does not want to see a decision made max 10 sq. ft, CH one additional sign based on personal nostalgia per street frontage—based on setbacks, sandwich sign, 6 sq ft, awning sign, 15 sq. ft. Multi tenant properties need ground signs advertising all businesses. Judd (I)30.All other zones 20.Single sign Concerned about the golf course. max. of 12 plus 2 more with total being 20 sq.ft. Taylor 12 sq. ft., not in favor of larger signs. Concerned about sign pollution. 12 sq. ft all over town, larger in (I) and Bigger signs are worse.She wishes (MRD). entire town were a historic district. Many businesses have larger signs. Can ask for an exemption. Halvorson,Terry—If building setback is 200 ft. (2 signs instead of one 16 sq.ft) She asked the Board to discuss businesses located on the intersection of two roads. Ulshoeffer spoke in favor of Judd's comment above. He believes it was the best option so far. (I)30 sq.ft, 20 sq.ft other zones, 1 sign 12 sa. ft—accomplishes leveled playing field. HDC limited to 12 sq ft with exceptions.This resolves the conflict. Leven noted that the Board should consider multi tenant properties(Lemon Tree, Brewster Farms, Foster Square)You can't see some businesses. Arthur suggested whatever the Board decides, should have some teeth. Collum read sign enforcement. Page 37.Sign by-law.Amended 1990. Arthur was not in favor of fines. (Gain consensus early) Ladder Signs Taylor was in favor of the Board addressing ladder signs.She expressed concern about signs at Foster Square and Lemon Tree Shops. She believes that additional ladder signs are needed for businesses off Route 6A. McMullen explained the ladder sign issue further at Foster Square. Warburton acknowledged the need for a ladder sign at the entrance listing stores. It levels the playing field.This Page 4 of 5 PB Minutes 8-7-13.docx is the beginning of a discussion and he would like to consider it further. Hog asked the HDC if ladder signs would be ok. Halverson gave some background on the Foster Square project and noted it would be nice if there were one entry and one sign. Hoag announced the Board would vote on sign sizing at the next sign meeting. He invited the HDC to come back again for more discussion. Houghton appreciated the invitation. 3)Sunset Clause continued discussion Judd believes it has merit. He is in favor of a chronological paper trail by use, not pertaining to nostalgia McMullen had no comment. Collum agreed with Judd. He expressed concern about how it is implemented. Arthur shared an opinion regarding the use of the American flag as an "open" sign. He stated it is common in town but it is against federal law. He strongly encouraged not using the American flag this way. Leven explained they could not regulate flying the flag. Arthur was concerned about the policy. It was noted that the HDC could adopt a flag. Leven shared an example from Harwich. Halverson agreed with the business committee and Mr.Thyng. tom asked for comments. Klump, against clause, only change of use Taylor, only change of use Hoag, change of use only The next sign public hearing will be 9-18-13 6:30 to 8:30.The Board will discuss Sign Size, Sunset Clause,and Ladder Signs. Topics the Chair did not reasonably anticipate—None. McMullen made a Motion to adjourn, Collum Second,All Aye,Vote 6-0.The meeting ended at 8:45 pm. Respectfu sub 't -d, V\A/C6A- Leff_ ...II _ won mp, Planning Board Clerk Kelly Moore, Se •r Department Assistant-Planning Page 5 of 5 PB Minutes 8-7-13.docx