HomeMy Public PortalAboutPlanning Board -- 2014-02-12 MinutesChairman William Hoag convened the Planning Board meeting at 6:33 pm in the Brewster Town Office Building with
members', Scott Collum, Rick Judd, John McMullen, Jason Klump, and Elizabeth Taylor present.
Absent: John Leaning
Other attendees: Sue Leven, Andrew Singer, Esq., John Mostyn, Esq., Tom Devane, John Lipman, Greg O'Brien, Victor
Staley, Several residents from Ellis Landing Road, Mr. and Mrs. Wentworth.
Documents: 021214A VB Zone Route 6A, East Brewster, draft and map, 021214_B Performance Bonds list for Planning Board,
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 piln Planning Discussion
1) Waiver of Site Plan Review: #2014 -02 Patrick Coffey representing Ocean Edge Resort. Requesting a
Waiver of Site Plan Review for 832 Villages Drive, Linx Club, Map 89, Lot 1 -3358 in the RL Zoning District.
Proposed roof for golf carts and storage area
Patrick qoffev represented Ocean Edge Resort. He summarized the request for a waiver.
Board Comments:
Judd asked about height.
Qoffey stated the maximum post height is 8 feet and the beams to top 9 feet.
even had no comment.
McMullen made a Motion to accept the Waiver of Site Plan Review, #2014 -02, Ocean Edge Resort, Collum
Second, All Aye, and Vote 6 -0.
rural Discussions:
1) Andrew Singer, Esq. — Discuss a zoning amendment to extend the central VB Zoning District easterly
along Route 6A to incorporate properties that have historically been used for commercial properties and also to
propose 'a use definition to better reflect existing business use in such an extended VB Zone.
John M!Rstyn, Esq. Corcoran Jennison was present. He provided a summary of recent discussions for the
Board. Andrew Singer, Esq. was present. They would like to expand the VB Zoning District.
Greg O'Brien, consultant for Corcoran Jennison presented to the Board. He was asked to talk to the neighbors
and Charles Sumner. The neighbors on Ellis Landing Road include the Smiths, Palmers, Moores, Hermes, and
McGarry,. Some of the neighbors were in favor of the proposed re- zoning. The Smiths (Aries Gallery) were
interested in changing to the VB Zoning District. There are six parcels and five property owners involved.
Singer explained that this proposal is an "idea ". This is not a formal proposal. The next steps would include a
formal request and a public hearing.
Page 1 of 4
PB Minutes 2- 12- 14.docx
Brewster Planning Board
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TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
Wednesday February 12, 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, John McMullen, Jason Klump, and Elizabeth Taylor present.
Absent: John Leaning
Other attendees: Sue Leven, Andrew Singer, Esq., John Mostyn, Esq., Tom Devane, John Lipman, Greg O'Brien, Victor
Staley, Several residents from Ellis Landing Road, Mr. and Mrs. Wentworth.
Documents: 021214A VB Zone Route 6A, East Brewster, draft and map, 021214_B Performance Bonds list for Planning Board,
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 piln Planning Discussion
1) Waiver of Site Plan Review: #2014 -02 Patrick Coffey representing Ocean Edge Resort. Requesting a
Waiver of Site Plan Review for 832 Villages Drive, Linx Club, Map 89, Lot 1 -3358 in the RL Zoning District.
Proposed roof for golf carts and storage area
Patrick qoffev represented Ocean Edge Resort. He summarized the request for a waiver.
Board Comments:
Judd asked about height.
Qoffey stated the maximum post height is 8 feet and the beams to top 9 feet.
even had no comment.
McMullen made a Motion to accept the Waiver of Site Plan Review, #2014 -02, Ocean Edge Resort, Collum
Second, All Aye, and Vote 6 -0.
rural Discussions:
1) Andrew Singer, Esq. — Discuss a zoning amendment to extend the central VB Zoning District easterly
along Route 6A to incorporate properties that have historically been used for commercial properties and also to
propose 'a use definition to better reflect existing business use in such an extended VB Zone.
John M!Rstyn, Esq. Corcoran Jennison was present. He provided a summary of recent discussions for the
Board. Andrew Singer, Esq. was present. They would like to expand the VB Zoning District.
Greg O'Brien, consultant for Corcoran Jennison presented to the Board. He was asked to talk to the neighbors
and Charles Sumner. The neighbors on Ellis Landing Road include the Smiths, Palmers, Moores, Hermes, and
McGarry,. Some of the neighbors were in favor of the proposed re- zoning. The Smiths (Aries Gallery) were
interested in changing to the VB Zoning District. There are six parcels and five property owners involved.
Singer explained that this proposal is an "idea ". This is not a formal proposal. The next steps would include a
formal request and a public hearing.
Page 1 of 4
PB Minutes 2- 12- 14.docx
Public Comments:
1) Emanuel Hermes
42 Ellis handing Road, Map 90 Lot 155
Hermes expressed concern about the project. He was told in 1984 that the area would remain residential. He
objected'to the parking lot.
.Mostyn styn explained the project further. They would like to maintain the home and add parking. There
would be no entrance from Ellis Landing Road to the proposed parking lot. The parking lot would be
screened by a fence and /or trees. Mostyn added that "other" uses are made available to property
owners if the zoning district changes to a VB Zoning District.
Singer explained that the change in zoning allows for opportunities and possibilities.
2) Caniae McGarry
50 Ellis landing Road, Map 90, Lot 154
McGarr expressed concern that the neighbors would go ahead with "business use" and she would remain
"residential" use only. She wants more information and she questioned why the re- zoning would have to come
down Ellis Landing Road.
3) Ted $Ills of 195 Ellis Landing Road, Map 91, Lot 49
He asked why change the zoning district now?
Mostyn explained that since they purchased the Nickerson lot they needed to consider maintaining the
house and have a need for a parking lot. The house is falling into disrepair. They originally thought they
could use the house for office space. They originally were not asking to change the other lots.
Ellis expressed support for re- zoning the Nickerson lot. He questioned the purchase and suggested the barn
be converted for use. Ellis questioned the land use behind the house.
Hoag summarized for the neighbors.
1. Could'' be VB for one lot
2. Could' be VB for front lots, Route 6A to Ellis Landing Road
3. Could be VB for one lot and other lots on Ellis Landing Road
The change in zoning for the Nickerson house is being discussed to gain use /purpose for Ocean Edge.
All of this is subject to permitting and town meeting approval. VB designation on the larger lot allows for limited
business use.
Leven stated the Board could condition a decision to include no access on to Ellis Landing from the site.
Singer explained that fences and trees would be proposed. Originally, they were talking about only the
Nickerson Lot. The total number of lots is still under discussion.
John Lipman of Lipman Development Strategies presented to the Board. He explained that Ocean Edge
wants to preserve the house. The parking lot allows them to preserve the property. They would like to protect
and preserve the structure. The viability is in question.
Hoag suggested Lipman read the public benefits from the information he submitted to the Board.
Lerman read from the document.
• booking for zoning that allows Ocean Edge to come back to the planning board and to repair and
maintain the house for use
• Alternative option to parking
• Would provide a more orderly look to the property (parking)
• Ocean Edge would be contributing to the economy, plus remaining consistent with the character and
look of town of Brewster
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PB Minutes 2- 12- 14.docx
O'Brien added that Jan Moore who is the niece of the Nickerson's is pleased to hear they will be preserving the
house. He stated the Smiths are in favor of VB, and the Palmers think it makes sense but need more
information. A real estate agent noted that properties changing to VB might increase their options and value.
Singer explained that the 2 lots with no frontage on Route 6A don't have to be included. It could be only the
houses With frontage on Route 6A.
McMullen noted that some members of the planning board suggested they consider re- zoning from Ellis
Landing to Ocean Edge for purposes of further discussion.
Klump was in favor of changing the lots that abut Route 6A, but not Ellis Landing Road.
Taylor agreed and requested better visuals for the public.
Judd had no comment.
Collum asked if they spoke to all the neighbors. O'Brien confirmed. Collum noted there is a benefit to the
Town and Ocean Edge but was concerned about the neighbors. He suggested they get comments from the
neighbors in writing.
Hoag was in favor of excluding the back lots. He agreed with Klump.
Singer asked about next steps regarding a proposal for town meeting. He noted a draft by -law and improved
visuals.
Hoag expressed concern they were already busy with by -law amendments.
Leven will check on the timing with the town administrator. She requested final language about exactly what
they are 'doing and an 8.5 x 11 readable image off GIS, preferably computer generated.
What areas being re- zoned? She expressed concern about future subdivisions. She requested it be addressed
by distance. Parcel numbers, metes and bounds.
Collum asked the Board and others to remember the comments of the neighbors who live on Ellis Landing
Road.
2) Zoning Map Change proposal — VB Zone Route 6A, East Brewster
Leven summarized for the Board. She referenced a draft by -law and map.
Board Comments:
Taylor asked if all property owners have been contacted.
even stated she would contact them after this meeting.
Klump stated it looks fantastic.
Judd asked for VB clarification.
McMgW and Leven discussed the map.
They suggested bringing the CH line up. Leven agreed.
Collum inquired about the printing business on Southern Eagle Cartway.
Staley explained it is a religious organization use and therefore allowed to be anywhere in town regardless of
the zoning district.
Collum was in favor of the changes and requested the property owners be contacted soon.
Hoag stated it looks good.
McMullen made a Motion to refer the zoning map change — VB zone route 6A, East Brewster to the Board of
Selectmen for public hearing, Judd Second, All Aye, and Vote 6 -0.
3) Chief', Moran to discuss a proposed zoning change to the Use Table #3
Peter Rubel from the Fire Department and Victor Staley were present.
Rubel is',the Fire Prevention Officer. Staley is the Building Commissioner.
Leven summarized the proposed zoning change regarding building height. She asked the Board to consider
"public safety facility" or "fire station" vs. "municipal building." The proposed fire station includes a 45 -foot
primary building, six bays and a training tower, which is 35 feet high. The grade will be raised for drainage and
to accommodate the drive through bays. This adds to the overall height. It is calculated from the natural grade.
The Board discussed the two options and decided on "fire station"
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PB Minutes 2- 12- 14.docx
Leven asked the Board if they wanted to set a maximum height of 50 feet.
Judd asked Rubel if they would need to add on the training tower. Rubel stated probably not.
McMullen was in favor of adding "fire station" and not setting a limit.
Staley suggested a special permit to allow for negotiation.
Hoag noted that height variances come from the ZBA.
Judd made a Motion to refer the building height article to the Board of Selectmen for public hearing, Taylor
Second, All Aye, and Vote 6 -0.
4) 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.
Andrew Singer was present. He sent an email to the Board dated 2- 10 -14. His client does not wish to pursue a
zoning amendment regarding the definition and /or application of building height at this time.
5) Discussion of outstanding performance bonds
Leven summarized for the Board. A report is generated by the Treasurer's office for the Planning Department.
Leven explained that Moore has begun research on the bonds and started with Jeffrey Drown, road
construction form. Leven has reviewed the summary and has found no decision. There is no decision recorded
or in the Town Clerk's office. There is an existing covenant and the road has been installed correctly. One
outstanding issue is discussion around a street lamp. There is no evidence of the street light requirement in the
agreement and covenant. Leven will review documents and contact the applicant.
Board Comments:
McMullen sees no streetlight issue. He stated it was inexcusable for the Board to hold the money for such a
long period.
Collum asked about Pond Oaks.
Leven explained that this bond was released but that one parcel is being held by the Town.
The Board discussed how performance bonds are used and if any performance bonds have been used by the
Town. McMullen and Taylor who were on the Board at the time were unsure. Most roads have been finished.
McMullen asked about Clipper Way and the status.
Taylor added that the gas line broke because the road sunk. They discussed further.
The Board agreed that the applicant should send a letter requesting release of the bond.
6) Approval of minutes from 1 -8 -14 meeting
Collum made a Motion to approve the minutes of 1 -8 -14 as amended, Klump Second, All Aye, and Vote 6 -0.
Topics the Chair did not reasonably anticipate
Taylor asked about Larry's comments from the Museum of Natural History regarding signs.
The Board will review at the public hearing on 2- 26 -14.
McMullen made a Motion to adjourn, Klump Second, All Aye, Vote 6 -0. The meeting ended at 8:15 pm.
The next meeting is 2 -26 -14 @ 6:30 pm.
ResDectf Alv submitted.
ning Board Clerk
Kelly Moore, Senior Dept. Assistant - Planning VII
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PB Minutes 2- 12- 14.docx