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Home My Public Portal AboutPlanning Board -- 2013-10-23 Minutes Brewster Planning Board yw\ 114100°ll/uu� 2198 Main Street oe w :1, Brewster,Massachusetts 02631-1898 # fir, (508)896-3701 ext.1233 0 4..41 FAX(508)896-8089 42 nI11111111IV400 Approved:,1-8-14btt.° ?i r` OWN LLtk^:. Vote 7-0 TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES '14 14,28 7 LR Wednesday October 23, 2013 at 6:30 pm Brewster Town Office Building Chairman William Hoag convened the Planning Board meeting at 6:33 pm in the Brewster Town Office Building with members: Rick Judd,Jason Klump,John Leaning, Elizabeth Taylor, and Scott Collum present. Absent: McMullen Other attendees: Sue Leven, Bud Noyes from JT's Seafood. Document$:102313_A Email from Mark Devin re:Brewster Pizza Special Permit,Rcvd 10-14 and a forwarded email 102313_B Confirmation of Evidential Review,Elizabeth Taylor for#2013-12 1023-13_C Dennis By-law,Medical Marijuana The Chair read the Recording or Taping Notification: "As requited 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 prr Planning Discussion 1) Medical Marijuana Discussion (last discussed 9-25-13) CH=Commercial Zone, VB=Village Business Zone, 1=Industrial Zone Hoag asked how far for siting. State law says 500 feet from schools.Some towns are going for 750 or 1,000 feet. Leaning,follow State, 500 feet Collum and Judd agreed. Hoag and Taylor agreed. Hoag asked about possible locations. 500 feet from schools,day care centers, playing fields, camps. Leven read from the Dennis Medical Marijuana by-law. Leven talked to Captain Eldredge from the Police and they are leaning away from the Industrial zone because it is out in the woods, mostly town owned land and if open on Saturdays is an isolated location.They prefer a dispensary on Route 6A where it would be visible and safer for patients. Leanin stated they should not stigmatize people using medical marijuana. Make it accessible. Hoag asked for Board Comments. Klump agreed. Collum agreed with State Law Hoag asked about how far from the locations, already mentioned,where in Town? The Board discussed various zones for locations. Leven stated that Dennis has suggested a location away from the rail trail.This is a good idea. Town Counsel has participated in training regarding this law. Judd stated that the Industrial zone is an isolated area and less travelled. Leven asked if the Board had made any decisions. Taylor stated she was in favor of something similar to Dennis but to adjust it for Brewster. Hoag was in favor of following the Dennis by-law but decide on Brewster locations. Taylor asked if the area near Brewster Medical on Route 6A might be a good location Leven will follow up with Dan Fortier in Dennis regarding the statement of a location not being in buildings near existing doctor's offices. Page 1 of 4 PB Minutes 10-23-13.docx Klump was in favor of a location on Main Street or the Commercial zone not within 500 feet of a school. Collum was in favor of a location in VB,CH and I.This would leave out Route 6A. Collum referenced the use table and discussed further with Klump. Leven asked about lighting in residential zone, and the square footage noted in the Dennis by-law. It would be a secure appearance but how would it look? HDC would address the lighting and aesthetics but not the use. The Board discussed lighting on Route 6A. Leaning asked if the lighting would be bright. Leven noted it might be required.Surveillance cameras are required. Klump did not think there would be a lot of lighting. Hoag was in favor of a location in the VB and CH zones. Klump noted they are leaving out the preexisting non-conforming uses. Judd responded by stating they are dealing with what is conforming now. Taylor stated that a public discussion is needed.She is curious to hear from the public. Taylor was not sure about location. (Possibly in the VB) Leven asked the Board is she should ask the Police to attend the next discussion. (Yes) Leaning asked Leven to find out what kind of lighting and fencing is required by the State. Hoag stated that the Board all agreed it should be a special permit. Klump stated he is in favor of a location on Main Street between Millstone Road and Stony Brook Road, but 500 feet from a school, etc. Hoag was concerned that the farm located on Route 6A hosts children's activities. It is owned by Chatham Bars Inn. Hoag stated he was in favor of the VB zone. Judd would like to hear public comments and input from the police. (Location, etc.) Hoag summarized. 1) Bypass setbacks 2)All agree on a special permit 3) 500 foot setback,from schools, playgrounds, recreation areas,camps, etc. Leaning agreed that could cite State law in the by-law.Taylor preferred listing all. They discussed hours. The Board decided to discuss again 11-13-13 and to invite the police. They will hold a public hearing for medical marijuana 12-11-13. 2)Signs Discussion The Board held a public hearing on 10-16-13. Hoag asked Leven if she has updated the sign by-law with their updates. Leven will work on this for the next discussion. Hoag and Leven summarized the decisions made by the Board 10-16-13. • Maximum Sign Size—16 square feet, community facility, commercial use* • The Board discussed residential use, sizes allowed. (Quarter boards and home occupation) • 4 square feet—Home Occupation use • *1 additional sign not to exceed 6 square feet for commercial use • Sandwich Signs—traditionally 6 square feet(HDC not if favor of these signs) • The Board discussed whether businesses take in the sandwich signs at night. Bud Noyes, of JT's Seafood stated most businesses take in the signs at night. (Considered temporary signs) Klump suggested that sandwich signs are temporary signs.They discussed further. (Limited term use)They discussed open house signs. Collum rioted "A"frames are part of the additional sign, 6 sq.feet Leaning referenced the by-law from Harwich. He was in favor of limiting the open house sign display time. Judd asked about blood drive signs. Leven referenced the Harwich by-law and explained further. Open house signs are "off premise" signs.These signs are placed on town property. It should not block traffic and could be out for 48 hours. Hoag read temporary signs from the current sign by-law. A-frame or sandwich sign is not listed. Hoag suggested they take on 179-20.3 (Exemptions from permit requirements) Hoa read the list and suggested they discuss again. (Next meeting—11-13-13) He acknowledged there are many. Leven agreed they should review the list.These signs do not require a permit.They do not advertise a business. Hoag suggested they take on 179-20.5 (Regulations). Page 2 of 4 PB Minutes 10-23-13.docx The Board decided to have a work session meeting 11-6-13 at 7:00pm. Collum and Judd agreed that the Board should not regulate celebratory banners. Discuss the number of days. The Board took a five-minute break before the public hearing. 7:30 pm Public Hearing Hoag read the legal description.This hearing was continued from 8-14-13, and 9-25-13. Modification to Special Permit,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 summarized.Conditions#5 and #6 were approved 9-25-13. Hoag explained that the Board had two site visits last week, 10-15-13 and 10-17-13.They spent time inside and outside observing noise levels. Jennifer Harney was present from Brewster Pizza. Harney thanked the Board for the opportunity and for their consideration. She thanked them for attending the Trivia and Karaoke nights. Hoag read an email from abutter Mark Devin into the record. It was received 10-14-13. Devin ws not in favor of amplified entertainment. He felt an off-season evaluation would not be accurate. Harney appreciated Devin's concerns. She stated that Trivia night was much busier than a summer night since there were several sports events on the same night. Hoag read the email forwarded by Devin received on 10-23-13. Hoag read the email from the Baerga's on 35 Winslow Landing.'H, oaa noted that he sees that no complaint has occurred. Leven stated that Cumberland Farms is open 5:00 am to midnight and it is important to be realistic about where noise comes from. Harney explained that Brewster Pizza is blamed for trash in the square because they are a sports bar.The owners try to keep it very clean.They have put up signs and listened to the neighbors. Mr. Devin has visited Brewster Pizza to see the vestibule and seemed very pleased. Harney felt that the emails were confusing. Collum made a Motion to close the public hearing#2013-12 Brewster Pizza Leaning Second, All Aye,Vote 6-0. Board Comments: Hoag attended Karaoke and Trivia nights. He noticed a little bass noise outside in the parking lot.There was no noise in the lower parking lot. He went near the Devin house and noticed more noise from the electric transformer than the parking 1pt at Foster Square. He also noticed more traffic noise from Route 6A than from Brewster Pizza.The exhaust fan was not running behind the Sushi restaurant. At the Baier driveway, he could hear fans but more noise from the traffic. Route 6A is busier in the summer. During the Trivia night, he could not hear noise beyond the vestibule door.At Devin's property,the refrigeration noise from Cumberland Farms was loud. At the Baier property,the Sushi restaurant fan was on and louder than the Brewster Pizza business. Hoag noted that there was some noise evident at the rental property behind the Baier house. Taylor did not hear sound in the parking lot on either night. She noted this is a "quiet"time of year. It could be an issue in the summer.There might be a crowd control issue.She suggested they allow over the winter and then revisit in the summer.She felt this was not good timing for a noise evaluation. Hoag asked the Board if they should revisit at the end of the summer. Harney explained that the Trivia night was quite escalated and similar to summer. In July and August, they have more staff.The Bruins and Red Sox games brought in the crowd.The crowds can be loud in the summer. They are trying to deal with this. Leven suggested they issue a trial in winter and revisit at the end of July. Page 3 of 4 PB Minutes 10-23-13.docx • Leven explained she stood in the parking lot at the Karaoke night during the last out of the Red Sox game and she could not hear anything when there was crowd noise inside. Collum had no comment. Judd attended both events and did not hear sound outside.The Karaoke sound was muffled. He noticed other sounds like traffic noise,generator noise and other businesses.The sound was non-existent from the business. Leaning greed with Judd.The fans and the street were noisy near the Baier property. He could not hear anything in the parking )pt or in the corner parking lot. He agreed that they should go back in the summer. Amplified entertainment under the Board of Selectmen conditions is fine for now. Harney encouraged conditions. Klump stated he was ready for a Motion. Hoag stated they could grant with conditions. He had a concern for loitering in the parking lot. He asked Leven if the Board grants a permit and agree to review again does not the Board of Selectmen void the entertainment permit. Leven explained that the Board of Selectmen (BOS) is the final authority for the entertainment license.This Board asked the Board of Selectmen not to issue an entertainment license.They can include in the special permit that the applicant could be',asked to come back in.There is standard language in the permit. She suggested they be specific with the days. The Board can ask the Board of Selectmen to alter the permit. Harney stated the nights would be Tuesday and Thursday. Leaning asked how they would monitor complaints. Leven stated emails, complaints from people or police, BOS. Leaning expressed concern about legitimate complaints. Leven explained that in the past Mr. Devin sent videos of people in the parking lot.The business has only so much control of people once they leave the business.This decision is about Tuesdays and Thursdays. Taylor expressed concern that when this applicant expanded from a pizza restaurant to a sports bar it dramatically increased the patronage. Leven reminded the Board that this only applies to Condition #9 in this special permit application. Klump made a Motion to approve Condition#9 to use amplification for karaoke night and trivia night,#2013-12, no more than two nights a week, never on Friday,Saturday, Sunday or Monday, never after midnight, never amplification of live instruments,to be revisited at the 7-23-14, meeting Collum Second, Discussion: Harney stated she is in favor of Klumps' motion and conditions.The Special permit says no amplified music. If Board denies the request to make a modification.She would like to go to the BOS and ask the Board of Selectmen about an acoustic band, steel drums. Klump noted it would be a different permit.They discussed cutoff time. Harney stated the Board of Selectmen license says music off by 11:45 pm.They are open to modification. Leaning was concerned that steel drums are loud. Taylor had concern with any issues with before 7-23-13. (Between now and then it is a police matter) Leven suggested a correction; no amplification of live instruments vs. no live instruments. Klump made correction. Vote All Aye,Vote 6-0. 3)Review minutes of 9-25-13 Klump made a Motion to approve the minutes of 9-25-13 as amended, Collum Second, All Aye,Vote 6-0. 4)Topics the Chair did not reasonably anticipate—None. Klump made a Motion to adjourn, Leaning Second,All Aye,Vote 6-0.The meeting ended at 8:15 pm. Respectfu - l) • • ed, VICAVt ason Klu •, anning Board Clerk Kelly Moore,Senior Dept.Assistant-Planning Page 4 of 4 PB Minutes 10-23-13.docx