HomeMy Public PortalAboutPlanning Board -- 2014-01-08 Minutes f
Brewster Planning Board
aEwe 2198 Main Street
< r� Brewster, Massachusetts 02631-1898
° ." (508) 896-3701 ext. 1233
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McMullen was not in favor of shutting him down. He suggested a hearing with Dr. Eten present. McMullen was in favor of
Dr. Eten Or a representative coming back to the Board in 30 days.
Collum noted that some things take time and the turbine is off. He suggested the topic not be on the agenda until Eten
has something to present to the Board. (as long as it is not bothering the neighbors) He discussed the extension further
with Hoag.
Klump suggested 60 days from the first turbine test. This date has passed. (or from the next test)
They discussed the most recent sound test and any results.
Jesudowich expressed concern that Dr. Eten has not been present at the meetings. She questioned the number
of tests and the lack of test results.
Collum stated Dr. Eten does not need to come to the Board until he has test results. The Board discussed not working vs.
abandonment as well as timeframes involved.
Collum as in favor of granting an extension. McMullen agreed with Collum as long as the turbine was not running.
• Leaning made a Motion to invite Dr. Eten to the 2/12/14 meeting prior to making a decision regarding granting an
extension, and to bring sound test results. Judd Second, Discussion:
Collum amended the Motion by adding — Dr. Eten or a representative/agent may come to the Board,
Judd Second, All Aye, Vote 7-0.
2)Open Space& Recreation Plan
The Board reviewed the draft letter of endorsement. Collum and Taylor discussed passive recreation.
There wore no comments or changes to the letter.
Klump made a Motion to approve the letter endorsing the Open Space/Recreation Plan Update as written, Collum
Second, 'All Aye, Vote 7-0.
I ►
3) Inforrt!ial Discussion—Andrew Singer, Esq. (representing Ocean Edge)— Discuss a zoning amendment to extend the
central ' B Zoning District easterly along Route 6A to incorporate properties that have historically been used for
commergial properties and to propose a use definition to better reflect existing business use in such an extended VB
Zone.
Present for Ocean Edge (Corcoran Jennison)
John Mobtyn, Counsel, Corcoran Jennison
John Lipman, Planning Consultant
• Andrew Singer, Esq.
John Mgstyn provided a summary for the Board.
• Purchased the land in 2011 (2851 Main Street)
• I is the Nickerson House near the Ocean Edge Mansion
• acres, in the RM Zoning District, structure built 1720
• Title V septic systems, 4,240 square feet in the main house, 6 bedrooms
• hey originally thought the house could be used for office space, which would have freed up the 3rd floor of the
• tansion to be used as guest rooms.
hey determined the building required more work than they wanted to do
They wold like to:
• Add up to 30 guest rooms, 4,000 sq ft of meeting space, spa treatment facility, and parking
• Vastewater treatment would be done through the main system next door
• keep primary access through the existing entrance to Ocean Edge
• Solve need for additional parking
• Requires an adjustment to zoning
Andrew Singer
• Singer explained they would like to make the Nickerson lot viable including historic preservation. They have met with
Leven, the Historic Committee and Town Counsel to discuss the idea. They wanted to hear the Board's opinion. They
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requeste to come back 1/22/14 to discuss a more formal zoning amendment. They will meet with Town Counsel after
this meet�ng.
Singer presented three ideas. A map with the VB Zoning District highlighted was distributed to the Board. Black=VB
District, Nickerson Lot has a"X"
1) Re-zolie the Nickerson lot in the VB Zone
• The spa and additional parking would involve multiple special permits
• They would maintain a pre-existing non-conforming status. (Main lot, Ocean Edge mansion)
• Re-zone pocket(Nickerson parcel down to 6A) some other parcels involved. (art gallery and homes)
2) Nickerson lot and the lots behind it, near Ellis Landing to VB
• Develop a definition (resort conference center) and make Ocean Edge mansion a conforming use
i
3)The q�Cean Edge mansion lot—the front is commercial use
and behind the mansion is residential use.
• Carry the VB Zone into the Ocean Edge mansion lot
• All commercial aspects (use) of the resort in a VB
• No definition of resort conference center added to the by-law
Board C mments:
Klump lil ed idea of extending the VB Zoning District through the Nickerson property. He was not sure if in favor of a resort
conference center as a permitted use in VB Zone. Leave pre-existing non-conforming.
Singer noted it would be permitted by special permit.
Taylor asked if they remove the lot line, does that affect anything.
Singer stated yes but it does not allow them to do anything.
McMulle asked if there had been any discussion with the neighbors on Ellis Landing. What do they think?
Singer stated there had been no discussion yet. They would preserve the buffers. (6A and Ellis Landing Rd.) A
new building would be on the main lot and have ancillary parking behind the Nickerson house.
Mostyn added they met with neighbors when they were considering using the Nickerson house for an office
building. Their main concern was parking and access. It is well screened now.
Hoag asked about access to beach via Ellis Landing. Singer noted there is currently thick vegetation.
Mostyn referenced the map showing the barn and the house. They would keep things closer to the existing
resort. It would involve a special permit. They discussed previous ideas and referenced the map.
Singer explained they are trying to setup the legal parameters so they can come to the Board. (special permits)
Leaning asked if they do not re-zone, what are the options.
Mostyn stated it would not work.
Singer explained they would need a use variance, which is very challenging to get.
Leaning sked how the existing home would be used. (Nickerson House)
Mostyn stated they would maintain it to satisfy the wishes of the Historic District Committee. It has no economic
use and is in rough shape.
Klump aked about a demolition permit from the HDC. They want them to keep it. They discussed keeping it for
aestheti s or historical significance.
Leaning Stated that town's historical society is looking for new space.
Klumo asked about the three lots to the east of Ellis Landing. (Art gallery and two private homes)
Klumo and Singer discussed further. (Including the three lots in the VB Zone?) Singer explained they felt they could re-
zone the Nickerson lot.
Judd as ed for clarification of the lots to the east. He discussed further with Singer. There is Conservation land between
Nickerso and Ellis Landing.
Collum vllfas in favor of options#1 and #2.
• He expressed concern about no discussion with the property owners who would be affected
• #1 —not in favor of moving VB over residential property lines
• 6A with VB, no problem
• Ocean Edge provides great benefit to our community. Maybe this would take care of the tent issues.
• How an about option#4, clean up the whole VB district?
• Not comfortable attacking before town meeting
• Suggested more than one public hearing to discuss
Ocean Edge wants to get started.
Hoag explained that the Board has been discussing other changes to the VB district. He thinks they should combine them.
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McMuller)asked if they only rezoned the Nickerson property would it be considered spot zoning.
Singer explained if lot is adjacent to existing commercial use, planning considerations that would benefit the
town, and they are promoting economic development then it is not spot zoning. Ultimately, the Attorney General
determines. It could be seen as promoting open space.
McMuller asked about VB setbacks on the north side of Route 6A(200 or 300 ft.) How far does the Nickerson lot go back
towards phe water? Mostyn (400 ft.)
Leven noted that the Board is not viewing an official zoning map.
McMullen asked what the public would think about going all the way back to the beach.
Hoaq asked about the lot being discussed. He asked about the location of parking in the back of the lot.
Is it really the front parcel or the back parcel?
Ocean Edge is working on the back parcel. The front parcel would be maintained for historic purposes.
Klumo asked if the VB zone should go back farther than Nickerson property. Mostyn referenced the map. The answer was
yes. They reviewed a second large map.
Collum ■Aas willing to entertain a zoning change but it is contingent on the abutters.
Singer asked if the proposal was to re-zone Nickerson and the main Ocean Edge lot not the other three lots,
would it become a distinct use. (Reflecting existing uses)
Singer asked if other Board members agreed with not defining a conference center use.
McMullen stated he agreed. He suggested leaving Ocean Edge the way it is now. They could encompass the whole
corner. He agreed with Klump's earlier statement. (Klump—suggested all the way to Linnell Landing)
The Board did not agree with the suggestion all the way to Linnell Landing.
Hoag suggested extending the line across so the front 3 lots near Nickerson become part of the VB zone.
The Boa d reviewed further and discussed possibilities.
Leaning asked for Leven's opinion. He suggested a resort/conference center zone.
Hoaq asked if an area like Sea Camps wanted to put in a conference center. He expressed concern.
Leven stated they have discussed many options including rewriting the planned unit development. Leven
suggested discussing further with Town Counsel. There are merits to all these options. She is not in favor of
spot zoning.
Singer stated they ultimately want to do what is proper and will pass.
Singer suggested meeting with Leven and Town Counsel soon. They will back to the Board on 1/22/14.
Judd asked about Aries art gallery and other two properties. They are single-family homes.
Collum suggested including some other VB zoning issues with this new one. (Near Orleans on 6A, Lemon Tree Shops
area)
Judd was concerned that they could all fail together. They discussed further. They agreed each one should be separate.
4) Review Sign by-law—Discuss definitions and other sections
The Boa d reviewed an updated draft by-law. They agreed to change the following:
• Page 5 of 13, 12 square feet for both signs
• 179-20.5 Construction, C) Remove
• Page 7 of 13, D. 1. 20 sq. ft changed to 16 sq. ft. —E. changed to 16 sq. ft., H. changed to 22 sq. ft.
• Manner definition was removed Page 1 of 13. Special Event Sign definition removed Page 3 of 13
• ughes suggested avoiding requiring a person coming to more than one group for a banner.
The Boa d discussed banner sizes, exemption. BOS designate the special events.
• Elbert Ulshoeffer suggested a change for town and community events. "Not to exceed 60 sq. ft. —change to 30
Sq. ft" Page 9 of 13.
• Rage 9 of 13, special events signs deleted, celebratory banners removed
• Ishoeffer suggested a change for definitions—abandoned signs, ..."for business event or other use which no
I n er exist at the premise for which the sign is posted."A sign is an accessory structure to a permitted use. It
can only exist if the principal use exists. Accessory structure can only exist if a primary structure exists. If a
usiness is gone, the sign should come down. "for 2 or more years"...generally agreed on.
emove"which is...location."
• Ulshoeffer suggested— Political Signs— ..."Sign urging voter support or opposition for a particular..."
• The Board agreed with removing celebratory banners.
• "79-19 Definitions were reviewed completely and edits made as necessary. There was extensive discussion
regarding abandoned sign.
• Multi tenant sign size, Page 7 of 13, "up to 35 sq. ft." 32 was suggested. Discussed extensively, 16 sq. ft. or 3 sq.
ft per business, up to 48 sq. ft. (all agreed to maximum of 36 sq. ft.) Leven will re-work it.
• A new draft,#6 will be distributed to the Board
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5)Appr cNval of minutes from 10-23, 11-6, and 11-13 meetings
Leaning Made a Motion to approve the minutes of 10-23-13 as written, Klump Second, All Aye, Vote 7-0.
Leaning Made a Motion to approve the minutes of 11-6-13 as written, McMullen Second, All Aye, Vote 7-0.
Klump made a Motion to approve the minutes of 11-13-13 as written, McMullen Second, 5 Aye, Vote 5-0-2, Judd and
Collum abstain.
Topics tl a Chair did not reasonably anticipate
MCMUIle asked about the rezoning request on Route 6A near Orleans.
Leven is communicating with the Wentworths.
v n informed the Board that the Flood Plain by-law would need to be amended to reflect changes to the maps.
M M Ile asked about Ocean Edge returning to the Board for more discussion about VB.
Leven will talk to Town Counsel.
Leaning Made a Motion to adjourn, McMullen Second, All Aye, Vote 7-0. The meeting ended at 9:07 pm.
Respectfully sub •ted,
ALL\ ,
Ja lump, Planning Board Clerk
Kelly Modre,Senior Dept.Assistant-Planning
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