HomeMy Public PortalAboutPlanning Board -- 2013-09-25 Minutes „N„w Brewster Planning Board
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Brewster,Massachusetts 02631-1898
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Approved:10-23-13
Vote:6-o
TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
Wednesday September 25, 2013 at 6:3o pm '13 NOV 711::iii
Brewster Town Office Building
Chairman William Hoag convened the Planning Board meeting at 6:32 pm in the Brewster Town Office BINIthififv&iliii CLERK
members:John Leaning,Jason Klump,Scott Collum, Rick Judd,and John McMullen present.
Absent: Elizabeth Taylor
Other attendees:Sue Leven,Victor Staley,Attorney Peter Farber, Meredith Baler,Jennifer Harney, Bob Freeman, Frank
Mason,South Pond Drive and Captain Fitts neighbors, Brian Sharpe
Documents:092513_A Email from Mark Devin, Brewster Pizza abutter,092513_B Dept Review for#2012-14,092513_C
Email from Bob Bersin,092513_D Email from Roy Crukshank
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 pnn Planning Discussion
1)Medical Marijuana discussion
The Board discussed the proposed siting of a medical marijuana dispensing facility.
Leaning asked if it made sense to approach property owners who might be interested.
Leven stated they have two years before it becomes an issue.She presented maps that showed locations of
schools and churches, camps,and recreation fields. (No places in the residential zone). In the Industrial zone,
the recreation fields are 520 feet away from Commerce Park and near some residences.
The Board discussed 500 ft vs. 1,000 ft distances.The town of Hopkinton, MA decided between 500 and 1,000 ft.
The State requires a minimum of 500 ft.
Klumo was in favor of a special permit in any district.The Board discussed the$30k application fee for growing. It has
been determined that there will be five dispensaries allowed in a county. Leven shared that Ashland, MA decided on
700 ft.from schools. Hoag asked if the dispensaries should be by right or special permit and referenced a current
newspaper article.The Board unanimously agreed on a special permit for a dispensary.
The Board discussed locations/zoning districts
Klumo stated that the county has decided on three so far. 1) Falmouth/Mashpee,2) Dennis, and 3)Truro/Provincetown.
The Health Departments have jurisdiction for now.
Leven and Leaning discussed the possibilities of a medical marijuana dispensary affecting recreational use in a
community. Leven reminded the Board if it is a special permit they need criteria. Hoag, Leanine,and Collum agreed to
simplify the process.
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The Board continued to discuss locations.
Board Member Zoning Districts(I,CH, RM) Comments
industrial,commercial, residential *The Board was in favor of a special permit
Collum I,CH 750 ft.from schools
Kiump I,CH, RM (any)
Leaning I,CH, RM Setback concerns
Judd I Not sure about RM
Hoag I,CH,VB Not near schools,daycare,fields
McMullen Did not specify In favor of special permit
Leven noted that not much of the CH zone is available because of the two nearby elementary schools.
Leaning asked the Board if they should hold a public hearing. He was looking for consensus from the community.
Leven explained that some people have inquired about growing and opening a dispensary.
Hoa was in favor of keeping it in a business area if requiring a special permit.
Leven referenced the zoning map and explained locations further to the Board.
Flog stated it should be away from schools, day care, and playing fields.
Judd asked about how the dispensary would function. He suggested they look at a definition and consider the total
square footage allowed. He expressed concern about security and lighting.
L-111gg read from one of the handouts, p. 37 A14,and stating 500 ft.from a school,day-care or anywhere children
congregate.
The next discussion will cover how far for siting, locations in town,a special permit, and setbacks.
2)Brewster Pizza Project Update
Jennifer Harney was present from Brewster Pizza.She explained that the fence was done,the trees planted and the
sound barriers are up.The vestibule was done.The fence at Seaway was done.They have two "door people" in the
parking lot.Amplified music is still under discussion.
Attorney Peter Farber and his client Meredith Baier(an abutter)were present. Farber addressed the Board. He
complimented Brewster Pizza on the trees and the fencing. He commented on the sound barriers for the two exhaust
fans. He thought they would be larger and include sides to block the sound. He referenced the conditions in the special
permit. He asked if the "sound barrier" could be enlarged.
Victor Staley, Building Commissioner was present and addressed the Board. He explained that the sound barrier intent
was to slow or buffer the sound. He stated it was more of a buffer,as you cannot stop sound.The barriers in place do
buffer the sound.The building code does address sound transmission.
Hoag asked about insulation.They are using cement board for fire safety.
Judd stated he has seen them and a lot has been done.There clearly is a buffer.
Harney explained that the property manager submitted the plans. Pete Rubel from the Fire Department said
the barriers could not be closer or higher.The sushi place has louder fans.
Judd encouraged the Board to visit similar businesses without a protected fan.
Leven stated that she had visited the site and Baler's property with Moore and one of the other businesses
had a fan and compressor that was much louder and closer to the Baier property.
Hoag noted that the fire inspector has reviewed and set rules.They need good ventilation so there are no fires.
Collum agreed they did a good job blocking the sound.
Leaning agreed and stated that Brewster Pizza had one well with the trees and the fence. He thought it looked terrific
and suggested they give the trees a chance to buffer the sound.Once they grow,they will buffer the sound.
Kluma thought the progress was fine and asked if the fans pre-existed the special permit.
Hoag stated the Board was satisfied.
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Klump made a Motion that the conditions of the Special Permit 2013-02 Brewster Pizza had been met,Judd Second, Five
Aye,Vote 5-0-1,and McMullen abstains.
The Board took a few minutes to review the Frank Mason comments received before the meeting from Bob Bersin of the
DPW.
7:30 pm Public Hearing
#2012-26,South Pond Drive&Captain Fitts Road—Review Revised Road Plans
For consideration of the Town to undertake a road repair under the Town's Betterment and Assessment Program in
accordance with Article VIII,Temporary Road Repair,Section 157-20 of Brewster's Code,for the following roads: South
Pond Drive and Captain Fitts Road. (Map 88)
John O'Reilly from JM O'Reilly and Associates was present for the neighbors.
Don Wright and Marty Lucenti from the homeowner's association were present.
1:_lcLag read the legal description.
O'Reilly gave a summary. Last November the Planning Board approved the road betterment.They are back to review a
modified betterment plan.The betterment is for South Pond Drive and Captain Fitts Road.The betterment will start at
Sol Pond Way. Eighteen homeowners total and eleven have returned their proxies.They have over 50%.They expect to
have fourteen.
Leaning asked for some clarification about the pulverizing.O'Reilly explained further.
Judd asked about the financial aspects of the project.
O'Reilly explained that it is up to the homeowners and there will be some patching.O'Reilly is involved to
make sure the road is good for fifteen years.
Leven stated she would love to see the direct discharge to the pond replaced.
O'Reilly replied they would if the budget allows for it
Lucenti from 183 South Pond Drive agreed with Leven and said they would support if they have the funds.
Collum asked Wright for a list of the names who have agreed to the betterment.
Wright listed the names and explained the homeowners have until the end of the month to reply.
Lucenti informed the Board that Ocean Edge has two vacant lots and will probably sign the proxy.
Judd asked if this would be a spring project.
O'Reilly stated he is keeping the timeframe open. He does not want to do paving in November.
Collum made a Motion to close the public hearing for 2012-26 road betterment for South Pond Drive and Captain Fitts
Road, McMullen Second,All Aye,Vote 6-0.
McMullen made a Motion,to approve the 2012-26 amended road betterment plan dated 9/25/13 for South Pond Drive
and Captain Fitts Road,Collum Second,All Aye,Vote 6-0.
Continued from 8-14-13,Modification to SP,Brewster Pizza
#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.
Hoag read the legal description.
McMullen recused himself from the meeting. He will return after Brewster Pizza.
Jen Harney was present from Brewster Pizza. Baler and Farber were also present.
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Conditions:
Condition#5,to allow vendors to walk deliveries to the rear door of Unit 26
Harney explained they have tried various ways in the parking lot and it is not working for them.
Condition#6,to allow the location of the vestibule to be moved from Unit 26 to Unit 24
Harney explained the vestibule is done and sound proof.
Condition#9,to use amplification for karaoke night and trivia night.
Harney stated they would like to do this every other week.They are open to the Board for doing a sound test or a trial
period.
Board Comments:
Leaning asked for clarification regarding Condition#5. Far end. Harney,Yes.
Hoag asked how long the trucks remain when delivering. Harney stated for Coca Cola 10-20 min, Liquor 10-20 min,and
Beer is longer.
Hoag and Harney discussed if the trucks could shut off their motors.
Judd stated he needed more information regarding Condition#9.
Harney summarized what they would like to do with Trivia Night and Karaoke Night.
Trivia,Thursdays 7-9pm
Karaoke,Tuesdays 7-10:30 pm.She added music must be shut off at 11:30 pm.
Judd stated good luck policing shutting off trucks. It would be difficult.
{
Leven asked about the window inside the vestibule area. Glass will be installed.
Public Comments:
Baler had no issues with the delivery changes, but expressed concern about the vestibule being an expansion.
She stated that amplification was covered in the conditions of the permit. She does not want any
amplification. It has been as pleasant summer.She was concerned that if they get permission for amplification
for trivia then it will move into music.She preferred it stays as-is.
Hoag announced the evidential reviews for members Collum and Judd.They missed the 8-14-13 meeting.
Hoag read a letter received from Mark Devin of Seaway Road. He was in favor of upholding the current conditions
regarding amplified entertainment.
Collum made a Motion to close the public hearing for 2013-12 Brewster Pizza, Klump Second,All Aye,Vote 5-0.
Board Comments:
Collum was good amending#5,#6(good idea) and#9 (no amplified music or other amplified sound)
Leanin ok with#5,#6,#9 (reserve opinion until a sound test)
Leven,trivia or karaoke, be there to hear
Kiumo had no problem with trivia but would prefer it be over by 9 or 10pm.
Judd was ok with#5 and#6(improvement),#9 would like to see a test done.
Hoag agreed with Judd. He told the Board that Taylor(who was not present)was not in favor of any amplification.
Leaning made a Motion to approve#2013-12 Condition#5 to allow vendors to walk deliveries to the rear door of Unit
26, Klump Second,All Aye,Votc 5-0.
Leaning made a Motion to approve#2013-12 Condition#6 to allow the location of the vestibule to be moved from Unit
26 to Unit 24, Klump Second,All Aye,Vote 5-0.
Hoag asked if they want no amplification.The Board expressed interest in attending a run through. They agreed to
review the karaoke and trivia nights before voting on Condition#9. It will be a posted meeting.
Leven,suggested they wait until the glass is installed in the vestibule window.They will need (2) 1-day
entertainment licenses from the Board of Selectmen.
Harney will follow up with the Board of Selectmen's office.
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The Board discussed a sound test vs.a site visit on an actual night.They discussed timeframes and process.
Harney explained that they have door people in the parking lot after midnight. She acknowledged mistakes have been
made and they have done a lot including hiring new managers.She invited the Board to come out and see the significant
changes.
Hoag stated the Board 1)wants to come out and see both nights and 2) If they think it will work they will give them a
timetable of the number of nights and it will be considered probationary through next summer.
Harney was in favor of the suggestion.She stated they do not want to disrupt the neighbors.
Leaning made a Motion to attend a trial Karaoke and trial Trivia night at Brewster Pizza to determine noise levels until
9pm.The Board will attend and will send a letter to the Board of Selectmen,Judd Second,All Aye,Vote 5-0.
Leven and Harney will follow up regarding the dates and details.
Klump made a Motion to continue#2013-12 Brewster Pizza to 10/23/13 meeting, Leaning Second, All Aye,Vote 5-0.
McMullen returned to the meeting.
dm introduced Madhavi Venkatesan from the Finance Committee. She is the liaison to the Planning Board. She is
interested in helping out with the comprehensive plan.
Continued from 6-12-13,#2012-14,Site Plan Review Special Permit-Applicant: Frank Mason, Lot 7, Independence Way
(corner of Underpass Road), Map 27 Lot 2101-7 (New Map 76 Lot 33), in the CH zoning district.The applicant is
requesting a Site Plan Review Special Permit pursuant to Massachusetts General Law's c.40A, Section 9 and 11 and the
Town of Brewster Zoning By-Law,Article X,Section 179-51 and Article XII Section 179-66 to construct a 3,050 square
foot automotive repair and service building with associated driveway, parking and site modifications.This is a revised
plan,which will include four service bays with all access being off Independence Way.
Hoag read the legal description.
Bob Freeman and Frank Mason were present.
Freeman explained this is a revised site plan and provided a brief summary to the Board.They have met with
Bob Bersin and reviewed the catch basin,the entrance,the landscaping and the building.
Board Comments:
Leaning asked if everything in the letter from Bob Bersin had been resolved.
Freeman stated the drainage calculations have been stamped.
Judd read the email from Bob Bersin into the record.
Freeman explained the plan would accommodate building and vegetation/sediment.
Leaning asked about kids jumping off the roof(rear of building)and fencing
Hoag asked if fence was tall enough. Mason wants the fence to be aesthetically pleasing.
Collum reminded the applicant that if the fence were over six feet it would require building setbacks.
Judd asked about the catch basin on Independence Way,which is a private way.
Freeman and Judd discussed further.
Judd expressed concern about the control of the road and wanted to know if they would be asking for relief from other
boards.They stated no. He asked about a reserve on the septic.The response was yes, standard Title 5 with reserve
area.
Klump asked for clarification on parking and paving. Is the gravel on the other side?Why paved over gravel?
Mason explained he lives on a gravel road and he did not want to deal with potholes.
Hoag asked about parking.Will the employees park across the street? Mason stated yes, he has a five-year lease with
business owner across the street(at the bike shop).
Hoag asked about the five parking spaces at the repair shop.Will he park more than five cars overnight?
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Mason stated there would be no more than five outside at night.
Hoag read the department reviews.
Leven asked about adequate maneuvering from parking spaces. (Yes)She also asked about plantings behind
building.
They will be planting behind the building
Judd asked about the exterior lighting. Mason confirmed they would shine downward. He also asked about the frontage
on Independence Way.Will the Board of Selectmen weigh in? Leven explained Bob Bersin is the authority.
Judd asked Leven to follow up and ask Bersin.
Judd stated the landscaping enhances the area. He expressed concern about the line of sight when taking a left out to
Underpass Road.
Freeman stated the shrubs near the road would be kept low.
Klump and Collum discussed five cars being out at night with the applicant. Mason stated five outside,and four inside.
McMullen asked about the placement of a sign and the distance of the driveway from the roads.
Mason stated the sign would be down on the corner. Freeman stated approximately eighty feet.
Hoag read comments from Staley. He stated to verify the parking setbacks,wall height, building height,etc.
Freeman stated yes to all.
Hoag read Gallagher's statement of disclosure into the record.
Public Comments:
Brian Sharpe,90 Woodview, President of Oakwood Association, abutter
Sharpe expressed concern about the project.
1) Excavation is not stabilized.There has been erosion in the last fifteen months.
2) Hours of operation?
Mason stated 8am—6pm(Saturday possibly until noon)
3)The lighting has been addressed.
4) Roof and fence. Where the fence would be placed?
Freeman reviewed the plan with Sharpe.
5)Will there be welding?
Mason stated yes,some form of welding
6)What about flammables? Built in fire suppression?Stored on site?
Mason said no gasoline on site.The building will be primarily concrete so no built in fire suppression.
Madhavi Venkatesan, liaison to the Planning Board from the Finance Committee addressed the Board.
She stated it was a unique use.There are no automotive businesses on this road. It was stated that there are actually
three or four automotive businesses and a welding business on Independence Way.
She asked about the plantings. It will be properly screened.
Leven explained that it is a permitted use in the district.
Klump explained that it would not be retroactive to other businesses.
Hoae stated that there is some leeway and that they are following the standards set in the zoning by-law.
Hoag read the email from Roy Crukshank. He was not if favor of the project because of the noise and traffic.
Collum made a Motion to close the public hearing#2012-14 Frank Mason, Leaning Second,All Aye,Vote 5-0.
Discussion:
Collum was good with the exterior lighting, shielded down. He proposed a condition of erosion control measures during
construction.This would include movable hay bales across the entryway.
McMullen ok.
Leanin ok.
Hoag stated the boilerplate with standard permits from other departments was ok.
Judd asked for clarification regarding hours of operation.
He was pleased that the applicant listened to the department heads. Mason 8 am—6pm.Saturday—Yes, until noon
Sunday—No.
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Judd made a Motion to approve the special permit for Frank Mason,#2012-14 as presented with the conditions noted,
Leaning Second,All Aye,Vote 6-0.Conditions—Exterior lighting shielded downward, erosion control measures during
construction, movable hay bales.They discussed the fence and decided the landscaping is up the applicant.
Review minutes of 8-28-13
McMullen made a Motion to approve the minutes of 8-28-13 as written, Leaning Second,All Aye, Vote 6-0.
McMullen made a Motion to adjourn, Leaning Second,All Aye,Vote 6-0.
Topics the Chair did not reasonably anticipate—None.
The meeting ended at 9:25 pm.
The next meeting is October 9, 2013 at 6:30 pm.
Respectfully submitted,
ARAL
Jaso um , Pla ning Board Clerk Kelly Moore,5e for Dept.Assistant-Planning
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