HomeMy Public PortalAboutPlanning Board -- 2013-08-28 Minutes N„ Brewster Planning Board
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4, •.-i Brewster,Massachusetts 02631-1898
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BREWSTER TOWN CLERK
Approved:9/25/13
Vote 6-o.
TOWN OF BREWSTER PLANNING BOARD '13 iOCT j.0 10:0911
Regular MEETING MINUTES
Wednesday August 28, 2013 at 6:30 pm
Brewster Town Office Building
Chairman William Hoag convened the Planning Board meeting at 6:34 pm in the Brewster Town Office Building with
members:John McMullen,Jason Klump,Scott Collum, and Rick Judd present.
Absent: Elizabeth Taylor,John Leaning
Other attendees:Sue Leven
Documents:
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."
I 6:30 pm Planning Discussion
1)ANR# 013-13, Breezy Meadow, LLC c/o Robin Macklin, Represented by Philip Scholomiti of Ryder and Wilcox, Map
49, Lot 5 (formerly Map 3, Lot 153), Robbins Hill Road,the purpose of the ANR plan is to convey a portion of existing
Lot 27 to two different owners.
Philip Scholomiti was present for the applicant. He provided a brief summary for the Board.The Board had no comments
or questions.Judd made a Motion to endorse ANR 2013-13, Breezy Meadow, LLC c/o Robin Macklin, Map 49 Lot 52,
Klump Second, All Aye,Vote 5-0.
2)Preliminary Subdivision#2013-14,Smithson, Donald G. and Gail, represented by Daniel Ojala of Down Cape
Engineer ng, Map 65, Lot 54(formerly Map 26, Lots 90, 97-2), 620 Tubman Road.The applicant is proposing to divide the
lot into two lots with a gravel road.
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Dan Ojal was present for the applicant. Laura Usher, real estate agent was also present.The property is the old
BrewsterlWild Animal Farm.Ojala provided a brief summary for the Board and took questions. The applicant would like
to divide and retain five acres of land in the back.Ojala reviewed the plan with the Board.Of the options presented,
option#1 was the preferred option.There are no mapped wetlands. Power lines go through the middle of the lot.
The following waivers would be requested for two house lots.
• A small gravel road driveway for one lot, 18 feet wide, country style drainage
• 290-19 natural drainage—swales on the side
• 490-11 paving waiver, good structure gravel
• 90-14 sidewalks waiver, no need for sidewalks.
Board Comments:
McMulleb asked about frontage for lot#2 with option#1. Lot#1 has frontage on Tubman Road. McMullen also asked
about the purpose of option#2,the ancient way(farm service road) and the small building to be demolished.
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Fiala reviewed the plan with McMullen and explained he was being cautious regarding option#2.The small
building t0 be demolished was an old gift shop.The road would go through it.
Klump asked about option#1 and actual access to the 2nd lot.
diala explained it would be at the discretion of the owner(paved or gravel) and would need to provide safe and
adequate access. (Determined by the Building Commissioner)
Collum commented t hat option#1 prevents lot#2 from additional subdivision. He is fine with option#1 and the
waivers. a added that the owner of lot#2 would have to put in a turnaround. (DPW or Building will determine)
Liven clarified that the Board could require a cul de sac and a clear area too.Option#1 prevents ANR
subdivision.
iala stated that option#2 could be done.Ojala and the Board discussed lot size further.
Collum stated he liked option#1,dirt road or long driveway.
Hoag asked if the road would be named and plowed by the town.
Liven stated not necessarily.They would have to check with DPW.
Collum added the town is not required to plow private roads. It is up to DPW.
kisLag asked for clarification of a road vs. a driveway.
Biala explained since there is not 300 feet of frontage they are forced into creating a road.A turnaround could
be includjed in the decision.
Collum suggested cutting in a turnaround before C.O.
McMulle asked where Desmond Road is located.
'ale noted it is a paper road and is east of the old wild animal farm, accessed from Far Fields Road.
McMullen asked if cutting a road would put two roads close together.
Biala explained there is no road. He will double check with planning and find out if they need a waiver.
McMullen tated it is a level lot and asked if there are wetlands. No wetlands or NHESP.
Judd asked about lot#1 southwest side frontage.Ojala—Zero.
Liven clarified the Board could vote to approve preliminary, state their preferences and that they had no
opposition to proposed waivers.
McMullen ade a Motion to approve preliminary plan#2013-14 with option#1,waivers to be reviewed and considered,
Judd Second,All Aye,Vote 4-0-1, Klump abstains.
Tihere was some discussion before the vote.
Collum wanted the Board to express their opinions
Leven stated the plan is for discussion
iala explained the preliminary plan is a valuable tool.
Hoag stated he prefers option #1.
Judd agreed with Collum and McMullen. He prefers option#1, natural swales,gravel road if approved by the fire
department,and future subdivision of lot#2 if necessary.
ven suggested checking with Staley regarding frontage of lot#2 and a short road.
iala noted water service and a short road make sense. Water would need to be determined.
Collum sated he did not understand the motion.
McMullen and Leven explained further. Leven stated that a preliminary plan holds the zoning in place of the subdivision
for seven months. (In case the by-law changes and has an effect)
McMulle asked why there needs to be a road.
iala referenced the town regulations that state a 22 foot paved road for one lot.This is the reason the waivers
re requested from the Board.
McMulle asked if the Board could waive the road for a driveway.
even stated the layout has to be there and it is up to the Board, police and fire.A right of way has to exist.The
r 'st is negotiable.
3)Review Minutes from 7-17-13 and 7-24-13
Collum rrhade a Motion to approved the minutes of 7-17-13 as written, Klump Second,All Aye,Vote 5-0
Klump made a Motion to approve the minutes of 7-24-13 as written, McMullen Second,All Aye,Vote 5-0.
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5)Discuss zoning and local comprehensive plan Klump addressed the Board regarding suggested changes to the VB
zone. He asked the Board to consider extending the zone beyond the firehouse and including the eastern edge of the
Lemon Tree Shops.The majority of uses near the intersection of Route 6A and Route 124 are pre-existing non-
conformi tg(General Store,Candleberry Inn,Woodshed, Bramble Inn) He also asked the Board whether they should
make chajnges to zoning without an updated local comprehensive plan.
Board Comments:
Collum stated the LCP is a daunting task and requires an individual willing to produce a plan.
Klump told the Board he was willing to chair a committee. He understands a consultant may be expensive.
Leven explained the Board could recommend to the BOS the creation of a subcommittee.
McMullep shared some insights since he has been on the Board for fifteen years.Traffic has been a concern. He feels
that people in Town are averse to building more on Route 6A. He was in favor of doing something on Underpass Road
regardini zoning.
Hoag added that if you go east on Route 6A towards Orleans it is very commercial and includes VB in spots. Route 6A is
historic but most commercial businesses are located on Route 6A.
McMulle';provided additional background information. In the past VB was CH. It was decided to make CH into VB. He
believes in will be a daunting task to increase VB. It will make any 15k square foot lot buildable.
Klump suggested they could make the change and protect pre-existing non-conforming uses. He discussed this idea
further With McMullen. McMullen again stressed his concern regarding traffic.
Judd asked how many residential homes exist between the two zones. Klump was not sure. He asked about new
districts, changing VB. Underpass Road is ideally a mixed-use zone.Should they create a plan?
McMullen explained the Board established a committee to create a plan a long time ago.Steve Eldredge was the
planning board chair.There was a lot of involvement by the town. It failed because people got tired of it.Certain
sections were done.CH did not get going.
Hoag asked it the Board could do it by sections.
Klump stated that Leven has a list. Some sections are done by other committees. (Open Space and Conservation
Commisson)
The idea Was to farm sections out to other committees. Planning Board does the land use.
Leven suggested doing the whole town at once. It is a general school of thought to focus on immediate and near
term priorities for the town. Re: zoning changes—Do a study,apply changes and review.
Collum was not opposed to creating a working group.
Klump stated he would volunteer and noted Taylor may know someone.
Klump preferred that the Planning Board member stay in charge.A minimum of one, maybe two members?
McMullen told the Board that most people in town do not want a business community.They just want to live here and
go to other towns for business. He noted that attracting businesses to Brewster is hard to do. He does not see it
changing,
Collum agreed with McMullen. He noted signs as an example. He believes that many people in town do not like
business.He thinks most people want to keep Brewster a "quaint town."
Klump expressed interest in an updated plan.
Hoag agreed with Klump. He suggested they be realistic as to what is there now. Most are non-conforming.
McMullen nd Klump continued the discussion. (Inns, lodging houses,and similar businesses)
Klump suggested they bring these businesses into conformance.They continued to discuss by right, re-zoning,
residential uses,CH use conforming, more inns.
McMulle noted Lemon Tree Shops—RM-VB, but mostly RM.
Klump stted they could leave as-is and make everything a special permit.
Leven shared an example of VB-1 by right,VB-specific uses,All CH, special permit for use,which allows a
broader review by the Board. Route 6A has a big drawback.There is no public parking.This would allow
improved traffic. i.e.Chatham Main Street and municipal parking lot.
Judd stated he is looking forward to discussing Underpass Road again. He likes the idea of bringing businesses into
conformance and the idea of a VB-1.
Klump stated there is no real difference between RM and RL.
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Collum referenced the Cape Lane discussion. He liked the idea of being more specific for uses.
Judd asked about Rl, RR being groundwater affected.
Leven stated the zoning is in place regarding Zone II's.
Klump referenced the regulated land use map from the CCC. Brewster has no economic centers.The land use plan needs
to be updated.They reviewed and discussed the map.
Klump ndted he understands that people want Brewster to be a bedroom community but there are businesses and
historic usinesses.
McMulle stated it is hard to get people to change anything. Wetlands are a problem on Underpass Road.We do not
have the enticement to get people to come to town to develop. Do we want it? He would like to see more businesses
like in Ch tham. He suggested the creation of a position paper for the town.This would include what the Board is
thinking. Is there support? Is there opposition?
Hoag re inded the Board that less than 20%would control the town at town meeting(a minority)
L ven suggested a survey on the web site.
McMulle thought a survey was a good idea.
Klump a ded that at some point,the plan would involve asking for money.
L ven stated there is$6k from the CCC.
They dis Fussed consultant costs.
Klump a d Leven will possibly write the survey.They discussed the former survey and the work done by Marge Pierce.
They als discussed a review process for the questions and ways to communicate.
Hsag su ested that Taylor would be helpful.
Leven will look up the charge for the original committee. (The purpose)
Klumo il take on the position paper.
4)Discuss Sign by-law
The Board decided to have a brief discussion regarding signs. (Ladder Signs)
Judd asked who controls them. BOS? Leven stated that Terry Halverson owns them. What is the value?What are the
legal rights?Should the town negotiate to gain control? Does the Board want an opinion from Town Counsel?
McMulle ,provided some background on ladder signs. Halverson saw a need for them and went ahead with it. He was
not sure bout the permissions. He believes they serve a purpose and that the town of Dennis has good examples.
He asked if a private contractor should get involved. He does not think the town should control them.
Klump asked if the town of Dennis is paid for the use.
Judd stated that the ladder sign at Route 39 and Freeman's Way is no longer there. He expressed concern about how to
designate areas and who has control?There should not be on every corner.The signs should direct people.
McMullen stated the Board could designate intersections.
Hoag explained they currently exist and the locations are listed in the by-law.
Collum suggested Leven ask Town Counsel and Staley. If the Town wants them then the Board designates a location and
writes the regulations. Production could be handed over to the Board of Selectmen and Town Administrator.They could
sub contract the work or have the DPW produce the signs.
Hoag noted that the current by-law designates them as generic.
Collum asked the Board if the town wants them.They currently exist and some are in disrepair.
Klump asked how many and where. In Dennis,they are difficult to read. In Brewster,they are easier to read.
Klump sulmmarized. 1)Town does it or subcontracts with a sign business 2) Hire private firm, 3) BOS.
McMulle' added that Staley does not want it.
Klump m de a Motion to ask Town Counsel for definition and about ownership, Collum Second,All Aye,Vote 5-0.
Collum s ggested they ask for public opinion regarding ladder signs.
Topics th Chair did not reasonably anticipate—None.
McMullen made a Motion to adjourn,Judd Second,All Aye,Vote 5-0.
The meeting e ded at 8:15 •m.The next meeting is September 11, 2013. ,
RespA -/ • I. te• /
/ -
J. on KII m•, •lanning Board Clerk Kelly Moore,"Senior Delpt.Assistant- Planning
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