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HomeMy Public PortalAboutPlanning Board -- 2013-10-09 Minutes 11 Brewster Planning Board Aso'ss�` w8; 2198 Main Street d`^ 'k.,•11 Brewster,Massachusetts 02631-1898 ? 'al, `I t s (508)896-3701 ext.1233 FAX(508)896-8089 : , IUIIIIIIIIIIP\\\\U0 BREISTER TO N CLERK Approved:11-13-13 Vote:5-o TOWN OF BREWSTER PLANNING BOARD :. . i, i , •r;;t P. I , Regular MEETING MINUTES Wednesday October 9, 2013 at 6:3o pm Brewster Town Office Building Chairman William Hoag convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with member:John Leaning,Jason Klump, Rick Judd, Elizabeth Taylor and John McMullen present. Absent: Scott Collum Other attendees:Sue Leven Documents: 100913_A Sign Discussion Summary from 9-11-13 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 Hoag welcomed Elizabeth Taylor back to the Board. 1) Open Space and Recreation Discussion, E.Taylor—Postponed to a later date 2) Local Comprehensive Plan,J. Klump—Postponed to a later date 3)Sign by-law discussion 4)The Board reviewed the meeting minutes of 9-11-13. Judd, Leven, and Leaning discussed page three and the square footage noted. Leaning Made a Motion to accept the minutes of 9-11-13 as written, McMullen Second, All Aye,Vote 5-0-1.Taylor abstains. Sign by-law discussion The Board decided to discuss signs for an hour, break for the public hearing and then take up the sign discussion again. The Board discussed maximum sign size,the HDC policy on signs, frontage for signs, sunset clauses/grandfather clauses and varidus sizes of signs.They referred to a summary of sizes prepared by Leven from the last discussion, which took place on 9-11-13. Hoag informed the Board he would like them to vote on the maximum size next week at the public hearing. He was looking fr consensus regarding maximum sign size. Taylor expressed concern about signs larger than 12 or 16 square feet McMullen referenced the frontage statement from the by-law and suggested they consider it. Leven noted this is for Row Commercial and business development only. McMullen stated he was in favor of 12 square feet for individual businesses. Taylor, Klump,Judd, Leven and Hoag discussed the HDC sizing requirements and noted they do not "stick"to 12 square feet. Page 1 of 5 PB Minutes 10-9-13.docx Klump stated the Planning Board should do "their own thing." Hoag stated the HDC requirements were a policy. Leven explained that HDC goes by the policy and that it is important for the Board to set a maximum sign size. All properties located inside the historic district would follow the HDC policy. Leven stated that the HDC could not go beyond the maximum sign size stated by the Board. Judd read from the HDC policy. Taylor expressed concern for the business people that all this is clearly stated. Klump asked Taylor for her maximum sign size and Taylor was not sure. Klump suggested they stay closer to the HDC guidelines. Hoag thought the consensus was 16 square feet. Taylor and Hoag discussed HDC frontage for signs. (500 ft.) Hoag commented that when HDC grandfathered signs it put newer businesses at a disadvantage. The Board discussed the purpose of a sunset clause. McMullen and Hoag discussed large grandfathered signs in town. Hoag and McMullen agreed it did not seem fair to the business Community. Leven asked the Board to comment on separate signs. Klump stated if the smaller signs hang from one structure than they are one sign. Klump suggested 4(4 square ft.)or 16 square feet. He asked the Board for comments. The Board discussed JT's Restaurant who has many signs. Leven shared paper examples of a 4 x 12 and 4 x 14 Open signs. She noted there is no standard size. She reminded the Board the original purpose of the most recent by-law was to give business people a certain amount of square footage to use as they see fit. Taylor asked the Board if they had discussed total square footage and included "open" signs as being separate or counting towards the total.The Board continued to discuss further. Leven asked the Board to think about different types of businesses. (Inns, restaurants, stores, restaurants with take out windows) Hoag acknowledged this is an issue. He shared sign examples from JT's, Morelli's, Cobies, and the Starvin Marlin. They discussed enforcement. Leven would like to see a by-law that does not deprive anyone but does not leave the town looking like a "walking billboard." How restrictive do we want to be? Leaning stated they should err on the side of caution and be more restrictive regarding size and the number of signs. Judd asked the Board to stay on task and move forward with the issues(including enforcement) McMullen stated that a business should be allowed within reason to advertise. He thinks the Board can be too restrictive and may cause problems. He believes there is nothing wrong with sandwich signs. Leven added the Board should make sandwich signs legal. Hoag read from the by-law. "Signs in business districts" The Board discussed signs on Underpass Road and a sunset clause. Leven added that a sunset clause includes a "drop dead date"those five years from the date of the by-law all signs will comply. McMullen asked if it only would be tied to the use. (Leven, not necessarily) Leaning asked why there is no sunset clause now. (Leven, difficult to pass) There are pre-existing non conforming/grandfathering issues. Hoag nosed in the planned business development/row commercial section of the by-law, it says not to exceed 16 square feet and depends on the frontage. Leven stated that Foster Square has over 320 square feet of frontage(noted from McMullen)and is allowed two signs. Hoag and Leven discussed further. Leven told the Board that most businesses in town are single businesses. Page 2 of 5 PB Minutes 10-9-13.docx Taylor suggested they provide clarity and stated she is in favor of 12 square feet. Taylor believes a sunset clause would be a dramatic change. Hoag asked the Board to comment on maximum size,single business,one lot,freestanding signs. Leaning,Taylor 12 square feet Judd, Mclf Mullen, Hoag, Klump 16 square feet *Judd originally said 12 square feet but changed his answer to 16 square feet after discussion. All agreed that the residential sign should be 8 square feet. All agreed that an additional (2)signs should be allowed but no larger than 6 square feet. The Board briefly discussed sandwich signs (size). 32" x 19" 2x3 or 6 square feet. Second Signs Klump asked the Board to consider street frontage for the second sign. Look at it again. Ferretti's example. Klump and Taylor discussed further. Leven read from the by-law.They discussed 2nd frontage (if on two streets) (16 square feet+sign on 1 street) (8 square',feet on the other street) 200 feet away from the first sign. Taylor asked the Board if they should clarify. Hoag expjressed concern that they are not moving ahead with the sign by-law. McMullect stated that it would move ahead at the public hearing. Klump noted they are over complicating the discussion. 7:30 pm Proposed Special Town Meeting Article:The Public Hearing will be held for consideration of a Zoning By-law amendment to be submitted as 1 Article on the Town of Brewster's Special Town Meeting Warrant.The proposed Zoning By-law amendment is as follows: ZONING,BY-LAW AMENDMENT—Water Quality Review Committee ARTICLE',NO. 22:To see if the Town will vote to amend Chapter 179 of the Brewster Town Code,Article XI,Water Quality Protection Bylaw(Section 179-55), by amending the definition for Water Quality Review Committee(WQRC),and to amend Chapter!,179 of the Brewster Town Code,Article XI,Water Quality Protection Bylaw(Section 179-61), by amending the definition for Water Quality Review Committee(WQRC). Summa The Comprehensive Water Planning Committee(CWPC)did not exist when the Water Quality Review Committee(WQRC)was created.',Since the CWPC is responsible for creating a water management plan for Brewster,they thought it would be helpful for a representative from the Committee to sit on the WQRC.The Selectmen have already voted to change the charge of the WQRC to include a representative from the CWPC, but a list of the participating groups also appears in two places in the zoning by-law,so those changes must be made through a Town Meeting vote. Hoag reed the legal description. Leven read a correction to the text.The second paragraph, not 7 members, should be 8 members. Klump mode a Motion to close the public hearing, Leaning Second. Discussion: There was no public comment. McMullen asked who the CWPC is. Page 3of5 PB Minutes 10-9-13.docx Leven provided an answer.They are a committee created in 2009 in charge of a IWRMP. (Integrated Water Resources Management Plan).They have representatives from the Planning Board, Conservation Commission, and Board of Health plus community members. Appointments were discussed.The Board of Selectmen appoints Members. WQRC grants permits and the CWPC does not grant permits. Klump asked about"at large members."The proposed member is Sue Leven.The CWPC would like Leven to represent the committee at the WQRC meetings. even read from the CWPC web page.She explained their mission. She explained that WQRC evaluates uses in the Zone II area. Judd explained the WQRC further to McMullen.Judd was the Planning Board representative to WQRC. Hoag is currently the Planning Board representative. Klump asked for further explanation. Leven explained that since the WQRC deals with uses in the water usage areas than it makes sense to have sdmeone from the CWPC represent them at the WQRC meetings. Klump suggested amending the proposed amended by-law. He suggested the CWPC representative on the WQRC not be from the Board of Health, Planning Board or Conservation Commission.The CWPC representative going to WQRC should not be part of a Board. Leven and Klumo disagreed. Hoak reviewed the members of WQRC. Taylor asked if Klump had an "issue" with people being on more than one committee. The Board voted to close the public hearing.All Aye,Vote 6-0. Leaning made a Motion to move ZONING BY-LAW AMENDMENT—Water Quality Review Committee ARTICLE JO. 22 to Town Meeting as amended, Klump Second, McMullen asked why this is part of zoning. (,;even explained there is a by-law in zoning and this is defined in (2) places. 179-53.This is an update to the language. 4 Aye, 2 No, =4-2-0. (Klump McMullen No) (Leaning,Judd,Taylor, Hoag Yes) Topics the Chair did not reasonably anticipate. 1) Hoag announced that he might not be able to attend the WQRC meeting 10-18-13. McMullen would attend in his place. 2) Leven spoke to Town Counsel, Sarah Turano Flores regarding ladder signs. She summarized the discussion. • 411 ladder signs are currently on public land • Trown can take ownership or can contact owners and ask to remove signs(or register them) • The signs belong to the town. • The town can bid out maintenance or management of the signs Hoag asked if this was part of the by-law. Leven suggested taking ladder signs out of the by-law and making it a policy of the Board of Selectmen. Taylor asked Leven if the Board could still set size standards. Leven replied yes. Most of the Board indicated they were in favor of this suggestion. Leaning asked about compensation for the signs. Leven explained that compensation for the signs was not discussed.The town has stopped taking permit money about five years ago. (Building Dept.) Leven will talk to Terry Halvorsen. 3)Judd sluggested that 10/15 and 10/17 at Brewster Pizza meetings they ask the abutter(Meredith Baier)for permission Page 4 of 5 PB Minutes 10-9-13.docx to walk oh her property. Planning will follow up with Ms. Baier. Leven suggested the Board meet in the Foster Square parking lot,open the meeting, and close the meeting before they leave Brewster Pizza. They discussed noise and expectations plus the possibility of the major league baseball playoff game being on that evening. Leaning made a Motion to adjourn, McMullen Second,All Aye,Vote 6-0.The meeting ended at 8:00 pm. Respectfully submitted, Jasf'Klu p,'ning Board Clerk Kelly Moore,Senior Dept.Assistant- Planning Page 5 of 5 PB Minutes 10-9-13.docx