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HomeMy Public PortalAboutPlanning Board -- 2013-08-14 Minutes Brewster Planning Board <wµ sTi► 2198 Main Street e ;D Brewster,Massachusetts 02631-1898 o , s t. (508)896-3701 ext.1233 ✓ ,, "= FAX(508)896-8089 nook B36ERitiK Approved:9-11-13 Vote:4-o-2,Judd&Leaning abstain TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday August 14, 2013 at 6:30 pm Brewster Town Office Building Chairman William Hoag convened the Planning Board meeting at 6:31 pm in the Brewster Town Office Building with members:John Leaning,Jason Klump,John McMullen,and Elizabeth Taylor present. Absent:Scott Collum, Rick Judd Other attendees:Sue Leven,Victor Staley Documents:081413_A Emails from abutter to Brewster Pizza,081413_B Email from Julie Manchester,081413_C Petition submitted by Mark Devin re:Brewster Pizza,081413_D Dept. Review Summary for Brewster Pizza 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." 6:30 pm Planning Discussion 1)Review Minutes from 6-26-13 and 7-10-13 McMullen made a Motion to approved the minutes of 6-26-13 as amended, Leaning Second,All Aye,Vote 5-0 KIumD made a Motion to approve the minutes of 7-10-13 as written, McMullen Second,All Aye,Vote 5-0. 2)Discuss Sign by-law—The Board did not discuss the Sign by-law. 3)Discuss a medical marijuana by-law McMullen was in favor of a moratorium for six months to one year. Taylor was in favor of a discussion. Leaning asked for more information about a moratorium. Leven explained they would be making a statement and including reasons for that statement. She added the moratorium has to go to town meeting for a vote.There is no timeframe unless someone states the Board is purposely not adopting a regulation. Leaning was in favor of a discussion. Klump asked the Board what they want to discuss. McMullen listed location of the facilities and impacts on zoning districts. He expressed concern about taking it on without thought and study. Hoag stated he has reviewed the handout from the MMA Annual meeting 2013. He referenced page number three, moratorium and page number five,first paragraph. He read from page number five. He suggested they discuss and come up with ideas of where it location and process. He referenced Leven's letter defining options. By right, by special permit, state regulations? Underpass Road? Route 6A? Industrial area? Leven explained that some towns enacted a moratorium did so because they wanted to wait until the State came forward with their regulations.The State regulations are detailed.The Board can determine where but not the how. Where does it make sense? Proximity to other uses? It is a pharmacy. Leaning asked about the minimum land requirement. Leven was not sure of the minimum size for a dispensary.The cultivation has to been done indoors.You can grow Page 1 of 6 PB Minutes 8-14-13.docx separately from where it is dispensed. Taylor asked about Commerce Park.There is a maximum of five dispensaries allowed in the county. Leven thought it might cause controversy to have a dispensary located on Town-owned land. Barry Viprino of Brewster explained to the Board that Brewster is under consideration in 2015 for a dispensary. Viprino is contracting to be a grower of medical marijuana for dispensaries. Klump and Leven discussed agricultural exemptions. Permitted as of right in all districts? Leven, on more than two acres, since it probably qualifies under the state's requirements for value of product per acre. Taylor asked about secret locations of cultivations and restricted knowledge of location. The Board discussed further. Viprino explained that the cultivation location is only known by the Board of Health and Police Chief. He is on five of the six applications for the state as a grower. Planning deals with the location of the dispensary.Viprino is not an employee of a dispensary but an independent grower. He is certified with 270 varieties of plants. He is taking training for this in May or June.As of now, the cultivation location would be known by the Police Chief. Leaning expressed concern about training. Viprino shared information with the Board about farming marijuana. • Indoor farming, underground.4,000—8,000 sq.ft. 32 x 70,42 x 150(large) root cellars. • Greenhouse or animal livestock on top of the underground growing area • MA is only state that requires indoor and underground cultivation • On site security(well above any other state standards) • Fencing,traditional farm fencing(electric, poison needles) • They have available land. He is working with investors who own the land. Hoag asked about cultivation by right. Viprino asked the Board not to have a moratorium on cultivation.There is already an application for Dennis/Yarmouth. No one has interest in a dispensary now in Brewster(until 2016) Hoag asked about location and noted it is not to be located near schools. Viprino stated one lot is near the Eddy Elementary School.The Board discussed possible locations with Viprino. Taylor added the restrictions are about the dispensary not the farming. Leaning asked about flexibility in regards to location. Hoag explained the Board has to follow the state regulations.The biggest concern is location. Reference the State regulations in the town by-law. Taylor suggested adding the by-law and revising later. Farming by right? Leven suggested a by-law specific to locations. Leaning asked about other proposed sites. Viprino noted Dennis-Great Western Road, Nantucket-Industrial Park, and Hyannis-Near a medical zone. McMullen expressed concern about locations near schools or churches. He advised the Board to look hard at locations for a dispensary. He was against any location on Route 6A or Underpass Road. The Board discussed the Industrial area. Hoag was in favor of this area. Taylor and Klump asked about any issues with this area. Klump noted it is not centrally located.Why is it necessary to be in an industrial area? Stigma attached?What are the legitimate reasons? Taylor was concerned about traffic. Leven said traffic would be similar to a medical office. Viprino explained that half of the medication is delivered to the patients.There would be less traffic at the site. Leaning noted this has been approved by state for medical purposes. He advised the Board not to panic. Klump suggested by special permit in any district. Page 2 of 6 PB Minutes 8-14-13.docx Chris Toulumus asked the Board to consider how the patients might feel visiting an industrial area.Why there? Hoag explained it has to do with the size of town and the many residential districts.There is not a big business area. Leven explained that the average pharmacy has valuable drugs with huge street value and much less security.They are talking about a secure office building.The state regulations protect the location where it is grown. Taylor asked about the process for finding a location. Leven suggested mapping out with GIS to find schools and churches. Leaning suggested the location of a dispensary could be near a public building. Leven suggested Underpass Road. (Emerald Physicians Office) The Board discussed signage, how advertised, if dispensaries are only known to the people who use them? Viprino stated that half would be delivered. McMullen was in favor of the Industrial Zone. Leven suggested setting up another meeting.She will put together map showing churches,schools, and playgrounds. The Board thanked Mr.Viprino and asked him to come back. Viprino explained the state would permit funding. Re:dispensary or already exempted Agricultural use. Hoag and Viprino discussed hardship cultivation and insurance companies covering costs or not. This topic will be discussed again on 9-25-13. 4)Brewster Pizza Project Update Jen Harney and George Deligiannides were present. Meredith Baier was also present. The Board received an email from Julie Manchester. Harney informed the Board that all conditions have been met except for some additional plantings.They are determining where the trees will go.The proposed area has mature trees.The exhaust fans have been installed and Staley have visited the site. Fire personnel have stated the fans are safe. Baier had not heard of condition number three and expressed concern about the grasses. Harney stated that a horticulturalist reviewed and the spacing is appropriate.The property manager,Julie Manchester encouraged any advice. Baier was in favor of the trees (Arborvitae or Leland Cypress) her attorney has visited the site. Deligiannides explained there is very little room to Baier.They have tried to accommodate the request on her side of the fence. Harney has spoken to Staley regarding a "wording issue" in the conditions.There seemed to be some disagreement over specific wording having to do with the fence,trees,and which side of the fence. Hoag asked the participants to get together on this and discuss with the fire department regarding the required space for trucks. He stated the conditions should be met according to the permit. Baier expressed concern about the timeframe. Leven asked if they might consider another species. She suggested a Bradford Pear since it provides a canopy and vegetation for the abutter. Harney has met with horticulturist to discuss trees. Baier seemed frustrated with the area being discussed. She asked them to get guidance for the type of tree. She would like a completion date. Hoag stated they should consult a horticulturist regarding item number two. Baier expressed concern about the soundproofing.She noted the panel in front of exhaust fan is not professional. Harney explained they talked to several people and this was the safest way to do it,without repiping. They have cathedral ceilings and it would be very expensive. Staley and the Board discussed sound barriers.The exhaust fans were installed before the special permit.The Board Page 3 of 6 PB Minutes 8-14-13.docx .ti noted that these barriers will diminish sound but will not eliminate sound. Klump added it might be up to the courts to decide. Leaning asked the participants to fix the issues with the plants. Harney agreed. 7:30 pm Public Hearing The Chair read the legal description.The hearing began at 7:36 pm #2013-12 Applicant:John Tsiareas,d/b/a Brewster Pizza, 2655 Main Street, Map 89 Lot 18(formerly Map 15,Lot 107) in the VB Zoning District.The applicant is requesting modification to the conditions of a Site Plan Review special permit (#2013-02) as follows: Condition#5,to allow vendors to walk deliveries to the rear door of Unit 26; Condition#6,to allow the location of the vestibule to be moved from Unit 26 to Unit 24; Condition#9, to use amplification for karaoke night and trivia night Jen Harney and George Deligiannides were present. McMullen is an abutter so he recused himself. Klump was contacted by an abutter(Mark Devin)and has had communications. He disclosed this information to the Board. Condition#5,to allow vendors to walk deliveries to the rear door of Unit 26 Harney noted this was a safety issue.She provided photos.There are two to four deliveries a week. Leaning asked for clarification regarding the side door. Harney referenced the plan. Klump asked if the doors were used before. Deligiannides explained yes,they walked deliveries to the back. Harney stated that with the fence and trees it should not be an issue. Leaning asked if trucks could be turned off during delivery time. Harney will check. Harney explained that this is affecting customers and deliveries. Klump noted this seems reasonable. Condition#6,to allow the location of the vestibule to be moved from Unit 26 to Unit 24 Harney stated this is imperative to the business.She invited the Board to come for a visit. Deligiannides explained it would buffer noise as it moves the entryway further away from the abutters. Hoag noted they have a building permit and it has been constructed. He asked about the door into the bar. They confirmed it would be glass and not an open window. Hoag reminded the applicant that the storage area is not part of the permit and requires another permit. Leaning asked for clarification of the new vestibule area. Harney provided an explanation and referenced the photos. Condition#9,to use amplification for karaoke night and trivia night Tuesdays are Karaoke Night and Thursdays are Trivia Night Leven stated the entertainment license was on hold by The Board of Selectmen until the conditions are met. Leaning asked if using one mike. Harney confirmed one mike and a small speaker. Leven asked if there is a jukebox. Harney, No,only TV's. Taylor noted noise has been a big issue.She cannot vote to add it.She expressed concern about sound. Klump stated he was ready to hear from the public. Hoag agreed with Taylor. Leaning stated there is a big difference between a microphone and amplified music/band. He was not opposed. Harney believes the vestibule will work.They have No Loitering signs and hired additional people outside.She asked the Board to consider for just two nights. Hoag asked if it was ongoing. Harney, no. Klump asked for clarification of what nights.Tuesday and Thursday. He asked about the level of business. Harney explained these are generally the slowest nights of the week.She has noticed a decline because they do not offer it anymore.She wants to be a good neighbor.She will hire a police detail if necessary. PUBLIC COMMENT Page 4 of 6 PB Minutes 8-14-13.docx Mark Devin, 37 Seaway Road • Devin expressed concern about amplified entertainment. He was not in favor. Karaoke is amplified entertainment. He would like to see this condition upheld. • Devin expressed concern about the donut shop space. He does not understand the process. He was concerned about possible increased seating which would increase the noise. He submitted a petition with eight signatures. Hoag explained an increase in seating would be a modification to the permit for storage or additional use. Meredith Baler, 2633 Main Street Concerns: • She understands the request for deliveries in the back alley. • This was a new permit and includes conditions that address detriment. Not if favor of Board looking at the past. • Vestibule—She referenced a letter from Staley.She expressed concern about expanding into the donut shop. She read from the letter. Larger bar?ADA regulations for Title III. Ramps?Violation? • She did not appeal because there would be no expansion. Staley addressed the ADA regulations. It is a federal regulation and he has no authority. He references the AAB 521 CMR. He noted none of the shops in Foster Square have full accessible units. He encourages alterations to make them more accessible. In regards to the expansion of the restaurant—They cannot use Unit 24 beyond the vestibule; creating corridor is not increasing occupant load of restaurant or bar. Staley reminded the Board if conditions are impossible to enforce, he looks at the objective of the condition. He has communicated with the owner to help meet the condition. Leaning asked if they were planning to move into unit 24. Harney was planning to use it as storage. In the future,they could use it for dartboards.Staley explained that Foster Square is in the VB district and the purpose of the special permit is to make sure that something is not substantially more detrimental. (Fence, plants, noise)The Board of Selectmen is concerned about the sound.The Board should look into it further without denying. Baier addressed the entertainment license.She is against amplification.She stated there has been a big difference this summer.There has been no crazy traffic, no rowdy people on Route 6A,and no bass sound coming out of the back. She asked the Board that they postpone until the conditions are met. (Trees, sound barrier changes) Harney has talked to professionals and it is fire safe.They used cement board. It is ugly but that is the best way to cover fans and the condenser. Klumo asked if the clientele has been different. Harney stated she has been there 21 years. It is the same clientele. (Year round people) Do not see it being a difference. She noted an incident in July with underage kids renting and drinking. They have additional staff, no loitering signs and staff outside which has helped.She encouraged a police detail.They are exhausted with the process.She noted the neighbors have valid concerns.They are willing to work with them. Klumo read letters. 1)Carol and Steven Rosner—They are not supportive of amplified entertainment and expansion in to the donut shop space. 2)Jon Higgins—He was not in favor of amplification. 3)Sara and Bob Konowicz—Same objections as above. 4) Moore read the petition from Mark Devin and noted eight signatures total. Hoag read the department review summary. Leven recommended continuing the public hearing. Klump made a Motion to continue#2013-12 to the 9-25-13 meeting, Leaning Second,All Aye,Vote 4-0. Page 5 of 6 PB Minutes 8-14-13.docx • Klump asked if Harney would consider a Trivia Night but no Karaoke as a compromise. Harney stated yes.Trivia would be 7-9pm. Leven reminded the Board that this is a public process and any discussion between board members and anyone else should only take place here.There were emails recently that included Board members and abutters. Topics the Chair did not reasonably anticipate—None. Leaning made a Motion to adjourn, Klump Second, All Aye,Vote 4-0.The meeting ended at 8:45 pm. Respectfully s • itted, 011" J. on I p, P - "TB Jerk Kelly Moore,Senior ept.Assistant- Planning Page 6 of 6 PB Minutes 8-14-13.docx