HomeMy Public PortalAboutPlanning Board -- 2013-11-13 Minutes �\\r u u Brewster Planning Board
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Approved:1-8-14
Vote 5-0-2 Judd,Collum abstain
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TOWN OF BREWSTER PLANNING BOARD BREWS = 'O ,LEI
Work Session MEETING MINUTES
Wednesday November 13, 2013 at 6:30 pm 1
Brewster Town Office Building
Chairman William Hoag convened the Planning Board meeting at 6:34 pm in the Brewster Town Office Building with
members:Jason Klump, Elizabeth Taylor,John McMullen, and Rick Judd present.
Absent: Scott Collum and John Leaning
Other attendees:Sue Leven
Documents:111313A medical marijuana Information from Leven,111313_8 Open Space—Recreation Plan,E.Taylor
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
The Chair read the agenda.
Informal Discussion:
1)Christine and Alex Wentworth of Wentworth Motorsports to present a proposed change in the Village
Business Zoning District near the Orleans town line.
Discussion:
CH=Commercial District,VB=Village Business District, RM=Residential Medium Density District
Alex and Christine Wentworth were present.Alex approached the Board. He has owned his business for thirteen
years. He is looking at purchasing a property on Route 6A. (Currently For the Love of the Breed) He explained
they tried to add "automotive use"to the use table by petition but decided not to go forward with it.The change
was considered too broad for many people. (Automotive in a VB) permitted use.
Hoag reminded Wentworth that changes.in zoning have to go to Town Meeting for a vote.
Leven added that it is part of the Planning Board charge to make changes to the zoning map as needed.
The Board discussed possible changes to district boundaries,the creation of a commercial zone. Leven provided
the Board a handout of a map of the area noting the different business use and residential properties.
McMullen announced he is a customer of Wentworth Motorsports on Thad Ellis Road. He stated that Wentworth
is an excellent mechanic and wants to expand his business. He was in favor of accommodating the request. He
questioned why that area was VB and noted the existence of a cement plant.
Taylor expressed concern if the area was CH it would change Route 6A.She suggested changing lines of the
district.
Leven announced there is a proposal for CH use near the existing medical offices that is not
formal yet. She reviewed the map with the Board and discussed different uses. If a change were made to
CH than existing CH, uses would be conforming.
Judd was in favor of the entire area as CH.
Taylor was concerned about the small lot sizes in CH.
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Leven noted that VB and CH have the same lot size, 15k square feet and same side setbacks.
Wentworth explained to the Board that automotive is not an allowed use in the VB.They tried to add as a line
item in the use table. They met with Leven and Staley and the request seemed too broad.The new proposal
seemed like more sense.
Taylor was concerned about the "look and feel" of Route 6A. Historic.
Flag nc ted the cement plant predated zoning.
Taylor suggested the area could be commercial except for the houses.
Leven discussed further.
Taylor was in favor of the property being used as an automotive use again (It was previously a garage,then
changed to retail)
Hog had a concern regarding the vacant lots in the residential area. He noted the area seems to have become
more commercial over the years.
Taylor suggested north of 6A to be commercial and south of 6A to be village business.
The Board discussed frontage issues, requiring a special permit, residential areas(Owl Pond) and an automotive
business currently in a RM zone.The Board continued to review the map with Leven.
McMullen spoke in favor of the automotive shop in the current VB zone. He felt the area does not fit with the
rest of the VB area in town. He noted that if it was a commercial area it might be appealing for other businesses.
McMullen and Taylor discussed the south side of 6A.
Klump asked Taylor if she would consider automotive use as a special permit in the VB zone.
Taylor was concerned about the abutting residential lots.
Leven will print a list of VB and CH uses only. Single-family residential homes are not allowed in the CH
district. She suggested a CH Limited district,which would allow certain uses not allowed in a VB district.
Hoag suggested a CH district north of 6A and leave VB on the other side.This would protect houses in Owl Pond.
Leven offered to map this option for the Board.
Taylor noted this would bring the Animal Rescue League into conformance.
Leven asked the Board if they were willing to continue discussion and move ahead. The Board agreed.
Leven suggested that the Wentworth's discuss the idea with neighbors.They have spoken to Cape Cod
Ready Mix.
Taylor added that in the past there were issues with noise.There were issues raised in the past by the abutters.
2)Approval of minutes from 10-9-13 meeting
McMullen made a Motion to approve the minutes from 10-9-13 as written, Klump Second,All Aye,Vote 5-0.
Taylor distributed copies of the Open Space/Recreation draft plan for the Board. On 12-9-13, HWG will review at
a BOS meeting.The presentation will be emailed to the Planning Board.This will be part of the Local
Comprehensive Plan. It is a working draft.
McMullen asked if the VB change could be addressed by February.
(even answered yes and asked the Board to keep in mind if they are creating a new zone,think of
portions of Underpass Road. McMullen added this might attract more business to the area.
Hoag thought there was not enough time.
IPeven informed the Board that another zoning change request maybe coming soon. (Much smaller, on 6A)
The Board and Leven discussed Underpass Road being a mixed-use area but not industrial and the idea of
Industrial use behind CH areas.There is a little bit of everything on this road.
McMullen expressed concern about use.
3)Hoag asked a volunteer to present the CWPC/WQRC by-law amendment at Town Meeting.
Hoag volunteered since he is the WQRC representative.
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4)The Board discussed signs briefly before the public hearing.They reviewed the following:
• 179-20.1 C. last sentence, reviewed/no changes
• 179-20.2 D. reviewed/no changes
• 179-20.4 reviewed/no changes
• Page#9 179-21, reviewed/Leven will ask Staley if he goes to Town Meeting regarding fees.
• C. Leven will ask Staley regarding HDC district, signs not in use, abandoned signs.
Leven noted the use is not abandoned if the property is for sale. They discussed further. Leven will follow
up with Staley.
Judd asked about total window coverage, Page#8. Total window size?They will revisit.
7:30 pm Public Hearing
Road Betterment,#2013-15
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 road:
Ebenezer Lane. (Map 95). Hoag read the legal.
John O'Reilly from JM O'Reilly and Associates was present and informed the Board this betterment is for spring Town
Meeting. He provided a summary for the Board. The betterment is for Ebenezer Lane, which is off Freeman's Way.
This road is part of the Allen Drive subdivision.The residents on Allen Drive participated in a road betterment. There
are fifteen lots and it will cost$11,290 per property.They hope for construction in summer of 2014.
Board Discussion:
McMullen asked about the length of the road. (1,000 feet)
O'Reilly explained the road construction process to the Board.
Leven asked if there was a possibility of natural drainage.
O'Reilly explained that everyone has landscaped his or her property to the road. It is an existing subdivision.
McMullen asked about the half cul de sac, does it exist? O'Reilly(yes), Fire dept input. (No)
Taylor asked if the Fire Dept. weighs in. (no)
O'Reilly explained that the road is improved for the property owners and is not required to meet town
specifications.
Taylor asked if the property owners were given an opportunity to add drainage swales on the property. Is it cheaper?
O'Reilly stated it was not discussed and may save money.
McMullen made a Motion,to approve road betterment#2013-15,Taylor Second,All Aye,Vote 5-0.
5)The Board discussed medical marijuana.They reviewed the handout from Leven 111313_A.
Leven added an edit to#6, "lot line to lot line"
Location:VB,CH, I, ...
Judd asked the Board to look at it as if it was a pharmacy or a service.
Hoag was not in favor of a dispensary in a residential area.
Klump was in favor if the owner has enough property to grow then they can dispense in a residential area.
Leven noted the agricultural exemption to the site. If they have an exemption, they cannot restrict.They
discussed further.
Hoag summarized VB, CH, I...
McMullan was in favor of I and CH but not VB or along 6A.
Hoag asked the Board about the area near the Orleans town line where there are existing medical offices.
McMullen asked about the comments from the Police.The Board received comments from Chief Koch.
Klump added that theft was not an issue.
Hoag noted this is a medical facility. Why not the VB zone.
McMullen expressed concern about a centralized location.
Taylor suggested they review the by-law from Colorado. They discussed locations.
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Judd suggested a non freestanding building. Review comments from the town of Dennis.
Taylor thought it might not involve the Cape Cod Commission.
Hoag asked the Board to look at from a siting standpoint. Let us go forward with a simple by-law.
Klump agreed and added in the RM zone, by special permit. All districts—special permit by planning board.
He clarified only part of the RM zone.
Judd agreed with Klump.
Taylor asked about home occupation.
Leven read from the Colorado by-law. She noted that a doctor could not operate a dispensary and "person of
good moral character". Leven will send the by-law to the Board.
Klump noted that California has done this for the longest amount of time.
Leven explained that the state regulation includes the details. There are liquor stores in most zones.
In summary:
VB, CH, I, RM (part of)—Judd, Klump (special permit)
VB,CH—Taylor
CH, I—McMullen
Leven noted it is time to put this online and advertise for a public hearing
Hoag noted,far away from schools, public input necessary, Leven—to provide maps with 500 ft. areas.
The rest of the by-law will follow the state regulation.
Signs:
Leven will send another version with all edits incorporated into the document.
The Board will address definitions, off premise signs (ladder) on 12-11-13 at 6:30—7:30 pm, planning discussion.
Klump asked when the Board would discuss the specific uses. Industrial zone, agricultural, commercial. 179-20.1 C.
179.20.5, multi tenant properties
Taylor noted 20.1 has not been addressed
The Board discussed holding a work session on 11-20-13.7-8:30 pm. No Collum or Klump.
Topics the Chair did not reasonably anticipate
Judd asked about the Commerce Park interconnection agreement.Any update?
Leven had no information.There was a groundbreaking ceremony at the Transfer Station for the Solar Array.
.even will get a final date for a proposed zoning change.
Klump rnade a Motion to adjourn, McMullen Second,All Aye,Vote 5-0.The meeting ended at 8: pm.
Respectfull sub i ted,
ir/t4,
Ja imp, • arming Board Clerk
Kelly Moore,Senior Dept.Assistant-Planning
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