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HomeMy Public PortalAboutPlanning Board -- 2013-12-11 Minutes (2) Brewster Planning Board 2198 Main Street werm Brewster,Massachusetts 02631-1898 } ° (508)896-3701 ext.1233 FAX(508)896-8089 yei fY : omo tg Approved:1-29-14 Vote 6-o. TOWN OF BREWSTER PLANNING BOARD EisEi -57EK 1"' IN _:_� Regular MEETING MINUTES Wednesday December 11, 2013 at 6:30 pm .14 =J 4 :`_ _> Brewster Town Office Building Chairman'William Hoag convened the Planning Board meeting at 6:34 pm in the Brewster Town Office Building with member Rick Judd,John McMullen,John Leaning, Scott Collum,and Jason Klump present. Absent: Elizabeth Taylor Other attendees:Sue Leven, Pat Hughes Documents: 121113_A Updated Sign By-law from Leven, 121113_B Medical Marijuana Information 121113_C Email regarding turbine on 441 W H Besse Cartway, 121113_D Maps from Leven, setbacks 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 pn,>) Planning Discussion Hoag read the agenda.The Board discussed the wind turbine first. 1)Wind turbine at 441 WH Besse Cartway Leven provided a brief summary for the Board. Dr. Eten came into the office recently to explain some parts were damaged in a recent electrical storm. He is working with a technician formerly of Aerostar, Inc. (Reference email 121113_C) an update with Dr. Eten will be on the 1-8-14 agenda. Judd reminded the Board Dr. Eten should not be testing on weekends. 2)Sign bey-law Hoag asked Klump to lead the discussion of additional updates to the by-law. KIumD reviewed 179.20.1-C He expressed concern that all community uses have the same size sign. He referenced the Use table. He stated he was not in favor of all CH zone at 16 square feet. The Boarld reviewed the Use table and discussed different uses and their needs for a larger or smaller sign. McMullen was in favor or 16 square feet in business zoning.VB, CH, Possibly I Hoag did not agree with McMullen. He expressed concern about Route 6A(residential) and giving businesses in the VB zone a larger sign than the Residential zones. Leven suggested commercial uses within the VB zone, CH or I—16 square feet. (Other uses by zone than by use) The advantage is you are clear where the CH district is located. Hoag was not in favor of this suggestion. McMullen stated that Route 6A is a business zone. He questioned zoning. They need to keep within the parameters. Klump stated the Board is putting the cart before the horse.They should be considering zoning reform first. McMullen liked Klump's idea. Certain businesses do not have 16 square feet. The Board discussed by district or by use. Judd liked Leven's suggestion. Hoag reminded the Board they decided by use as a group. Page 1 of 5 PB Minutes 12-11-13.docx Klump stated that home occupation should not be the only business use with less than 16 square feet. Klump reviewed uses from the Use table and the Board decided to attach a size to every use listed in the table. They will continue discussion after the public hearing.They discussed a minimum of 4 square feet for home occupation and a maXimum of 16 square feet. Collum suggested they paint"Town of Brewster" on the water tanks. They also discussed the municipal sign size. Municipal was made exempt previously. The Board approved the minutes. 4)Appro'ral of minutes from 10-15,10-16,and 10-17 meetings Judd made a Motion to approve the minutes of 10-15-13 as written, Klump Second,All Aye,Vote 6-0. Leaning made a Motion to approve the minutes of 10-16-13 as amended, Collum Second, All Aye,Vote 5-0-1. McMullen:abstains. Leaning made a Motion to approve the minutes of 10-17-13 as written, Klump Second, All Aye,Vote 6-0. 7:30 Public Hearing The Planning Board seeks comment from the public on regulations for the location and operation of medical marijuana dispensaries within the Town of Brewster. The Board is in the process of reviewing options including location, size, security and distance to schools, recreation fields,churches, and camps.The Board is using the state regulations as a guide. Hoag read the agenda and the taping notification. Dan Mcgreedv of Cape Cod Broadcasting notified the Board he would be recording the meeting. Hoag summarized they are looking at location, distances from schools, recreation fields and children's camps.The state regulations are specific and the Board will follow those regulations.They want to bring a by-law to the town in the spring. Many towns have reviewed distances from schools.The state regulation is 500 feet to the property line.Some towns are considering 200, 750 or 1,000 feet from schools. Hughes, F.asked about any police feedback. lfeven stated they are not involved as they are waiting for a location.The state regulations are very specific.They are more concerned with a multi tenant building vs.a freestanding building. Stephan Brown of 2628 Main Street asked for rational setbacks from schools and churches. He asked if it is different for schools and churches. Klump eXplained these state regulations are from the state department of health. Pharmacy's have no setback requirements from schools. Brown asked if the town would choose their own regulations or abide by the state regulations. even explained the state regulations apply.The Board can be more restrictive.There is a link to the state regulations on the web site 105 CMR 725.00 Brown asked about reduced setbacks. I¢even explained one town is thinking about reducing the setbacks from schools. DOUR Erion of Long Pond Road asked the Board to not be more restrictive than the state law. He does not understand why other towns are fearful of dispensaries near schools.The state voted to allow medical marijuana. Klump stated the governor controls the department of health. Judd asked if Ericson has read the regulations.There are many impressive regulations. (Ericson noted he had read some.) even informed the Board that the town considering reducing the setbacks from schools is East Hampton. 300 or 2Q0 feet.She added the state regulations are complete and the Board is reviewing regarding the structure and dispensary location. Hoes added they are considering which zones.The Board is required to pass a by-law. Leven noted it is in the town's best interests to determine location and use. The Board reviewed the maps distributed by Leven showing setbacks.They show churches, schools, recreation fields. They are,not in residential districts. Underpass Road is parallel to two elementary schools.The Christian Science Church Page 2 of 5 PB Minutes 12-11-13.docx is near Underpass Road. A few lots on Underpass and 6A would be applicable. Freeman's Fields are in the "I"district but the field locations would not exempt the entire "I"zone.There is a church on Freeman's Way near a small CH zone on Cape Way.There are two CH lots that may be applicable. Judd thought there was a possibility of construction on Freeman's Way. Hoag expressed support for the VB,CH,or I with limits. Leven noted in the "I" district sign area is not limited. Leaning asked if Thad Ellis Road in the VB district was a possible location. (Yes) Once the Board chooses the districts, Leven will make new maps. Judd, Leven, and Klump discussed total number of permits and number allowed per county. Brown asked about available licenses. Klumo stated the Phase II application process is closed until 2016. Judd noted that by 2016 they might need additional dispensaries. Brown asked if it is possible for the town to challenge the state regulations. (He had concerns regarding setbacks, determination of locations,and the regulations) Leven did not believe the town would challenge the state regulations and that security is necessary so that the dispensaries serve the people they should serve. Leaning Stated there is a certain amount of hysteria and people should get over their fear. I$ven referred to the medical marijuana handout from the packet. She recently spoke to a retired physician in town and he suggested the Board follows the Dennis guidelines. No dispensaries in doctor's offices. Board comments regarding location of a medical marijuana dispensary Member Districts Comments Collum CH, I,VB In favor of Commerce Park, No Residential, 500 feet setbacks from schools, referenced commercial use medical—dental office. Permitted use McMullen CH, I No residential or VB, no Route 6A Leaning CH, I,VB Asked about concerns with I zone. No residential, don't place unreasonable burden on users Judd CH, I,VB Don't hide it, don't make it difficult cult to access, Less in favor of the I zone. Possibly town owned land? Klump CH,VB by right No I, RM by special permit,thought the security measures were being blown out of proportion. Hoag CH, I,VB No RM, By special permit in VB, CH, I Hughes, noted that the Board of Selectmen have not discussed yet. She suggested they bring the topic to their attention, The Board discussed liquor stores, pharmacies, and the required permits and allowed locations. 4vven noted that it is a new use in town and could change from requiring a special permit to being allowed by right later. Klump did not agree. Page 3 of 5 PB Minutes 12-11-13.docx Brown asked the Board to do "what is right." He compared it to a pharmacy. People need medicine. It was a recognized plant from 1860-1930. It was removed in 1931 due to hysteria. He has land next to a church,which is being used as a farm and herbal apothecary. The Board discussed setbacks. Klump was concerned they were restricting locations to the VB and CH. Leaning,Judd and Collum were in favor of a special permit. Hoag asked for comment on the setbacks from schools and playgrounds(500ft.) Collum, McMullen,Judd agreed. Leaning noted not less than 500 ft. (Like noted in state regulations) Hoag asked for comments on size and security. He referenced the Dennis by-law. McMullen stated he needs more information. Public Comments Dustin Martin, Harwich Road—He stated we are living in a progressive time. He was in favor of minimum restrictions. He was not in favor of a special permit and encouraged the Board to move forward. He acknowledged that medical marijuana is a stepping-stone to recreational use. He asked the Board to set the example and think progressively. He asked for no further restrictions and spoke in favor of allowing it in a multi tenant building. He asked the Board to help normalize it. Klump agreed with Martin's comments especially not restricting a multi tenant building. He thought the Dennis concern about head shops made no sense. McMullen made a Motion to allow medical marijuana dispensaries in the VB, CH, and I zoning districts by special permit and 500 feet from schools as stated in the state regulations, Klump Second, Discussion: They dis ussed that the special permit could be changed in time. Klump stated he did not support. Liquor stores and pharmacies are allowed by right in CH and VB.The state is handling requirements in a three-phase application process. He was in favor of a special permit in the RM zone. He noted this forces the use into the "I"zone.There is not much available land in the other zones. Vote: 5-1-0(Klump votes no) Lim wants to get this ready for the warrant in January and to include all the state regulations plus the addition of the locations. Iven agreed. Judd asked about odor containment. l;even,stated it is in the state regulations. Hoax surnmarized this should be kept as simple as possible based on input from the public. It will include a line in the Use table, a definition and a small set of requirements. It will require staff review and site plan review. Leaning asked about the available lots. Leven explained the maps and how they could use People GIS. McMullen made a Motion to close the public hearing, Collum Second,All Aye,Vote 6-0. The next discussion will take place in January. The Board will continue its sign discussion. Page 125 of 132#6. In January. Hughes P,suggested that for town meeting the Board should use visuals. 1) Show examples of signs sq. footage 2)Show a section of Route 6A. People are usually concerned about visuals with signs. Use these at public hearings and town meeting., Page 4 of 5 PB Minutes 12-11-13.docx -p3 1-8-14 Review sign definitions 1-22-13 Review Topics the Chair did not reasonably anticipate McMullen asked about the rezoning request near the pet store on Route 6A.The Board updated Collum regarding the Wentworth's recent request. Leven informed the Board that a local business would be coming to the Board in January to discuss a re-zoning change. McMullen made a Motion to adjourn, Collum Second,All Aye,Vote 6-0.The meeting ended at 9:30 pm. Respectfully submitted, Ail Jas ump, Tanning Board Clerk Kelly Moore,Senior Dept.Assistant-Planning Page 5 of 5 PB Minutes 12-11-13,docx