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HomeMy Public PortalAboutPlanning Board -- 2014-01-29 Minutes r Brewster Planning Board sMEw+rx 2198 Main Street Brewster, Massachusetts 02631-1898 „r—'' ' (508) 896-3701 ext. 1233 , o a, , brewplan @town.brewster.ma.us b �4 Approved:2-26-14 - Vote: 6-0 TOWN OF BREWSTER PLANNING BOARD h y` Regular MEETING MINUTES ' ` `L Wednesday January 29, 2014 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; Scott Collum, Rick Judd, Jason Klump, John Leaning, and Elizabeth Taylor present. Absent: John McMullen Other attendees: Sue Leven, Andrew Singer, Esq., Elbert Ulshoeffer, Peter Johnson, Peter Soule, Victor Staley, Charlotte and Stu Fyfe, Robert Smith, Robert Dwyer Document$:012914_A Draft#6 Sign by-law, Floodplain regulations,registered marijuana dispensary,building height w/table#3. 012914_8 Elbert Ulshoeffer sign regulation comments 012914_C Letter from Robert Smith,CCMNH 012914_0 Email from Bob Bugle The Chair read the Recording or Taping Notification: "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting. In addition, if anyone else intends to audio or video tape this meeting he or she is required to inform the chair." 6:30 On Planning Discussion 1)ANR#2014-01, Diane L. Buchard Trust of 1991, Represented by Peter Soule, Soule Land Surveying, 717 Stony Brook Road, Map 25, Lot 29. The purpose of the ANR is to create three lots: Lot 1 to be conveyed to an individual, Lot 2, not a buildable lot, to be conveyed to the same individual. Lot 3, not a buildable lot, to be conveyed to the Brewster Conservation Trust to be kept in its natural state in perpetuity. Hoag read the ANR description. Peter Soule was present for the applicant. He stated the ANR includes 17 acres. The land is being divided into 3 lots. It is a land-courted plan. Board Comments: Klump asked about the division of lot#2. Soule explained that lot#2 and #3 has conservation restrictions. Lot#1 has no restriction and they are hoping that lot#2 will be donated to the Brewster Conservation Trust. Taylor reused herself since she is a BCT trustee. Judd made a Motion to approve ANR#2014-01 as presented, Collum Second, All Aye, Vote 5-0. 2) Chief Robert Moran to discuss a proposed zoning change to the Use Table#3. Moran was not able to be present. He will come to the next meeting, 2-12-14. Leven explained this request has to do with the newly proposed fire station. It is greater than 30 feet in height. The request i$for municipal buildings to be exempt from height requirements. 3) informal Discussion—Andrew Singer, Esq. —Discuss a zoning amendment to include "assisted living facilities"and "nursing or convalescent homes"with "community facility" in Note 1 of Table#3 of the Brewster Zoning By-law. Singer was present. Singer agreed with Leven's suggestion to use a) b) c) d) in the table. This request is based on the Route 124 project and the facility on Freeman's Way. Both projects required a variance from the ZBA. Both were granted a variance. He proposed to add "community type" buildings to the 1St footnote. If you have sufficient land area to increase the setback Page 1 of 4 PB Minutes 1-29-14.docx then they could be exempt from the 30 foot height restriction. Board Comments: Collum recognized a possible issue on the residential side. He understands the slope land issues. He was in favor of instead of average mean, disregard the mean grade. He was uncomfortable with the unlimited height or exemptions for both the Municipal building and community buildings. Singer stated that a maximum limit does not exist today. Leaning agreed with Collum. He wants a clear limit. Certain circumstances may require in excess of 3 feet. Judd thought it should be handled on a case-by-case basis. He understands the mean average but suggested more discussion. He expressed concern about the view. Hoag stated 30 feet is adequate for residential. Commercial facilities such as nursing homes and others should be allowed a three-story limit. 40 feet? He discussed further with Staley. Staley explained there could be a roof line variable. Singer noted there is a 35-foot limit. The gables at Stop and Shop put it over. They discussed (3) story limit. Leven noted that the existing language in by-law contained everything in the article except the words municipal facilities. Singer is asking you to add assisted living and nursing home to that same paragraph. Singer stated he was not thinking of a third story. He was concerned about how height is calculated. Klump reviewed the three options that were available regarding this issue and asked why Singer took this avenue. Singer did not want to affect everything. He was trying to solve an issue in a simple way. Klump asked why assisted living and nursing homes deserve special treatment. Singer explained those in particular are larger facilities that are treating community members. They are providing a healthcare or life service. Taylor agreed with 30 feet in residential areas. She was in favor of a limit on community facilities. She was not sure about the height limit. Leaning and Staley discussed one story= 10 feet. They discussed height restrictions, fire fighting issues and views. Taylor expressed concern about fire trucks in relation to height. They discussed average height, existing grades, and sloped lots. Singer noted both proposals are similar Hoag asked why not seek variances. Singer added that variances are difficult to get. Leven explained that MP Renaissance and the other assisted living building are not over 30 feet tall. The fire station is over 30 feet tall. They are dealing with an exemption for buildings that are not over 30 feet, but under the definition of building height calculate at greater than 30 feet. They dispussed other town's formulas, average around the building, reasons for exemptions, height measured from the actual level and visual impacts. Staley noted that visual impact is important. Singer stated a community facility, increased setbacks, probably visual. He will fine tune with Staley and Leven. Hoag asked about timing with the fire station. Singer would like for May or later. Klump does not mind exempting the fire station. Leven suggested "public safety operations" They discussed speaking to an engineer and Leven suggested buildings not more than 30 feet but calculate higher than 30 feet. Staley added it could be a special permit vs. a variance. Singer was in favor of a special permit under site plan review. They discussed further and Leven will work on it. Collum asked in all CH or just assisted living. Singer suggested if special permit and non-residential or changed definition of height it goes across the Board. Hoag agreed with Collum. Singer and Chief Moran will discuss again on 2-12-14. 4) Discuas Flood Plain Draft By-law—Vote and refer to the Board of Selectmen for public hearing Leven provided a summary and discussed edits. Hughes stated these changes make it more consistent with zoning. She addressed her suggested edit. She encouraged the Board to look at development in the"A"zone. It is five lots and 3 acres. Collum suggested updating the language and leave as-is. He has not looked at the maps. Judd noted that the CCC has a site that shows old and new flood zones. Hoag was in favor of leaving as-is. Taylor and Leven discussed map references. Leven explained it should be in the warrant assuming changes happen in July 2014. Page 2 of 4 PB Minutes 1-29-14.docx Klump asked about clarification regarding the"A" zone. Hughes Stated the town would be looking at the coastal areas over the next few years. They may address this later. Collum Made a Motion to refer the Flood Plain Draft By-law to the Board of Selectmen for public hearing, Leaning Second, piscussion—No change to lots and acres but maybe at another time. All Aye, vote 6-0. POW:Okaying 7'30 pm Hoaq read the Planning Board is seeking comment on proposed revisions to the Sign Regulations in Brewster to be brought tO Town Meeting in May of 2014. Specific topics on which the Board is seeking comment at this meeting may include the most recent edited version of the sign by-law, which reflects recent discussions and definitions. Elbert UlShoeffer addressed the Board. He thanked them for listening to his opinions. He believes the article is better than the last version. He thinks there will not be much opposition at town meeting. He shared 12 recommendations with the Board. Reference 012914_A Draft#6 1-8-14 Sign by-law and 012914_B Notes submitted by Elbert. They discussed definitions, sign area, free standing vs. ground signs, exemptions, enforcement, and the area on a sign encompassing wording, master sign plans, a-frames (sizes), interpretive displays, and abandoned signs. For more details regarding suggestions, see 012914_B. Charlotte Fyfe addressed the Board. She thanked the Board for their hard work. She asked about bed& breakfast use not being listed on page 4. The Board agreed to list it and to set the size at 12 square feet. Robert Smith of the Cape Cod Museum of Natural History addressed the Board he submitted at letter. (See 012914_C) The Board discussed his concerns. Leven stated that usually a person would seek a variance from the ZBA. It would be logical to grant. Staley stated that signs do not have protection as legal non-conforming structures. A variance typically is warranted since the applicant did not create the hardship. 179-21. Enforcement; abandoned signs; appeals. B. c)added, "unless relocated through eminent domain. The Board discussed the following with Staley and made edits to the by-law. 179-19, 179-20.3, neon signs, window signs (placement), awning signs and variances, changes to definitions. Leven reyiewed the request received from a Bob Bugle. (See 012914_D) The email asked for placement of a temporary off premise sign in a residential district. The Board did not support a change. Judd discussed sign sizes for the interpretive displays on the bike path. They agreed on 21 sq. ft. instead of 19 sq. ft. Marcia gallazzi of The Family School addressed the Board. She noted the Board has done a fabulous job on the by-law and has made it simplified and clear. She inquired about signage that the Police asked her to add to her property. "private property"(after school hours)The Board agreed that cautionary signs can be any size. Leaning made a Motion,to refer the Sign By-law as amended to the Board of Selectmen for public hearing, Judd Second, All Aye, yok 6-0. Leaning made a Motion to close the public hearing, Collum Second, All Aye, Vote 6-0. Planning Discussion Cont. 5) Discuss Medical Marijuana Draft By-law—Vote and refer to the Board of Selectmen for public hearing Judd expressed concern about removing waste. Has it been secured? Leven stated it was for the Board of Health to decide. This is a basic by-law. Hoaq explained that it follows the State law and requires a special permit. Judd made a Motion to refer the Medical Marijuana Draft By-law to the Board of Selectmen for public hearing, Collum Second, All Aye, Vote 6-0. Page 3 of 4 PB Minutes 1-29-14.docx 6) Discus the Draft definition of a Museum—Vote and refer to the Board of Selectmen for public hearing Taylor summarized for the Board. The museum wants to include the word education in the definition. Robert Smith from the museum stated that non-profit does not need to be included. He added that the present definition does not include the word education. Taylor was in favor of edited the current definition to include the word education. Leven stated that this might give the museum the ability to claim zoning exemption. She was in favor of making this change in the fall. Hoag wa$ in favor of the new definition and stated it was a simple change. Leaning asked about any plans Smith stated no. Leaning made a Motion to refer the draft definition of a Museum as amended to the Board of Selectmen for public hearing, Judd Second, All Aye, Vote 6-0. 7)Approval of minutes from 11-20-13, 12-11-13 meetings Klump made a Motion to approve the minutes of 11-20-13 as amended, Taylor Second, All Aye, Vote 5-0-1, Collum abstains. Leaning Made a Motion to approve the minutes of 12-11-13 as written, Klump Second, All Aye, Vote 6-0. Topics the Chair did not reasonably anticipate- None Leaning made a Motion to adjourn, Judd Second, All Aye, Vote 6-0. The meeting ended at 9:15 pm. The next meeting is 2-12-14 @ 6:30 pm. Respectfully submitted, ron KI •anning Board Clerk Kelly Moore,Senior Dept.Assistant-Planning .1 Page 4 of 4 PB Minutes 1-29-14.docx