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HomeMy Public PortalAboutPlanning Board -- 2014-02-26 Minutes Brewster Planning Board 2198 Main Street .400:018j Brewster, Massachusetts 02631-1898 ct .\t; (508) 896-3701 ext. 1233 i u • co brewplan @town.brewster.ma.us 4 MII"11111110 f'k.il!i_"T�1t TCitit. ::LE: Approved;: 3/31/14 • Vote 4-0-b2 Hoag, Leaning abstain TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES _ Wednesday February 26, 2014 at 6:30 pmt 4 AF4'1 Cl 1 ! _: Brewster Town Office Building Vice Chairman Rick Judd convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with • member : Jason Klump, Scott Collum, John McMullen, John Leaning, Jason Klump, and Elizabeth Taylor present. Absent: illiam Hoag Other att ndees: Sue Leven, Andrew Singer, Esq., John Mostyn, Esq., Tom Devane, Greg O'Brien, Victor Staley, Several residents;from Ellis Landing Road, Ann McManus, Stephen Jones, Duane Landreth, Esq., Pat Hughes DocumentlF:022614_A Aerial Photo from Duane Landreth,Esq.,022614_B Letter from Chief Richard Koch,022614_C Email from Bob Bugle The Clerk,read the Recording or Taping Notification: "As requireed 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 el Se intends to audio or video tape this meeting he or she is required to inform the chair." Judd introduced the Board members and Staff. 6:30 p n Planning Discussion 1) Stephen Jones, Esq. — Discuss possible zoning amendment for Brewster Historical Society Leaninglrecused himself stating he is assisting with the sale of the house. Jones presented a summary to the Board. The Brewster Historical Society is interested in moving their museum, to a house located on 739 Lower Road. The house is in the RL Zoning District. Historical Society is permitte1 in the RL Zone but museums are not permitted. Leven eplained that the Historical Society is asking the Board to put this forward vs. a petitioned article at town m eting. The Board was generally in favor of the idea. Public Comment: Mr. Dua a Landreth, Esquire presented to the Board. He was representing the Cobbs Pond Condo Association. The house on 739 Lower Road is near the entrance to Cobbs Pond. Landreth stated the following concern: • oncerned about spot zoning • oted forbidden uses in the RL • oncerned about keeping high intense uses out of RL • House has economic high value in the HDC district, house not in danger • Marginal site for external use, concerned about wetlands and environmental impacts Landreth submitted an aerial photo of the area showing the house to the Board. Leven explained the museum use was added last year of the year before. They are currently now in the RM Zoning District because that is where the museums are located. Mr. Gabor Garie, Cobbs Pond resident made a statement to the Board. He was not in favor of the museum in • the RL Zone. He expressed concern about traffic, specifically safety for children on Wauquanesit Drive. He also expressed concern about commercial traffic, museum events, noise, the pond and exterior lights. Page 1 of 7 PB Minutes 2-26-14.docx Jones and Judd discussed the amount of bedrooms and daily flow vs. the house being used as a museum. Jones acknowledged they might increase the hours but generally it is a low intensity use. Jones would make sure the signage was proper. He noted that Cobbs Pond has wetlands too. He added they have received some support from residents who live nearby on Sears Point and the Town. Collum asked about parking, employees, hours and changes to the driveway. Jones explained they have no employees only volunteers and usually two volunteers are at the museum when it is open. Klump asked about admission. The museum does not charge admission but accepts donations. They discussed other prospects and the change of location from a main street location to a neighborhood setting. McMullen asked about hours and reviewed traffic flow. All these issues would be addressed during a Site Plan Review. Collum rioted it is a community facility and was in favor of a special permit. He read uses from the use table in the RL Zoning District. Taylor stated that museums in the RM came from the Planning Board. She was in favor of permitted use in the RL Zoning District. Klump agreed with Site Plan Review but not by special permit. He was in favor of a museum permitted in both the RL and the RR Zoning Districts. McMullen was not sure about his decision. He agreed with Taylor and Collum regarding a special permit. He was in favor of the Board putting forth a Planning Board article for museum use Klump was in favor of a petitioned article vs. a Planning Board article to avoid issue of spot zoning. They discussed spot zoning, requirements of signatures for special town meeting, timing, and a special permit. Landretih noted point of information with the Board. A petioned article or a planning board article requires a public hearing. (Yes.) The Vice Chair asked for a general vote. Put forward as a Planning Board Article, Museum Use McMullen-Y (Special permit) Collum-Y (Special permit) VB too. Klump-N RR Zone too. Taylor-Y (Special permit) rather not. Judd-Y (Special permit) McMullen asked Leven if a special permit in the VB zone eases spot zoning. Leven stated possibly. Klump s ated special permit under RL, add RR and VB? Jones q.testioned why the RL zone was in this area at all. McMullen was not in favor of the RR but was in favor of VB Collum either Klump both Taylor 9L, VB Judd RR, RL, VB (all by special permit) Collum Made a Motion to refer the Museum Use by-law to the Board of Selectmen for public hearing, as amended, Taylor Second, All Aye, Vote 5-0. Page 2 of 7 PB Minutes 2-26-14.docx 2) Ann McManus, Latham Schools, Waiver of Site Plan Review, #2014-06, Map 48, Lot 61, 1439 Main Street, in the RM Zoning District McManus was present. They are working with an architect on a master plan. She has been to Staff Review. The request was for use of the front building (formerly NE England Fire Museum and Dry Dock) for meetings and storage. Taylor made a Motion to grant the Waiver of Site Plan Review, #2014-06, McMullen Second, All Aye, Vote 6-0. 3) Continued discussion from 2-12-14 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. Andrew Singer and John Mostyn were present for Ocean Edge. Singer explained they are asking for a motion to refer la by-law for re-zoning of the VB Zoning District to the Board of Selectmen as an article for spring town meeting land public hearing. They have contacted the neighbors. They presented two options using 2 large maps. One map included 3 parcels and the other one includes 4 parcels. Greg O'Brien was present representing some of the neighbors, in particular Mr. Palmer. Public comment Jan Moore, 2837 Main Street, abuts the Nickerson property. Moore was not in favor of the re-zoning. Moore was concerned about being late to the discussion. She also expressed concern about the evolving plans changing often. She was concerned about a big difference between RM and VB. She was concerned about the possible impact to her property. Klump noted that the change to VB may increase her property value. Jeff Smith, 2805 Main Street, Aries East Gallery He was in favor of the re-zoning proposal. He believes it gives property owners more options. His major concern was that Ocean Edge might have a portion of Ellis Landing as an entrance to their property. It is no longer ah issue. He stated the project was a good idea. Canice McGarry, 50 Ellis Landing Road McGarry stated that the agenda never mentioned Ellis Landing. She wants to make sure that Ellis Landing is not included in the re-zoning. Carolyn 1Noering, 50 Gilbert Road Noering was concerned about noise from Ocean Edge. She believes there is a lot of mistrust between the neighbors and Ocean Edge. She also was concerned about being informed of plans. Emanuel Hermes, 46 Ellis Landing Road He expressed concern about keeping the area residential. He does not want commercial use in his back yard. He is not concerned about Route 6A. Jan Moore asked if a spa was part of the plans. She noticed it was part of the 1-8-14 discussion. Judd rer iinded the audience that they were here to discuss zoning. Leven noted that in January there was a variety of options discussed. A current change depends on specific zones. Nothing is final until an application is filed with the Board. Singer stated they are asking for a referral. There will be an application in the future, which would include formal review. He noted they kept the back portion of the Nickerson lot out of the plans. Mostyn showed the Board the second option. He displayed a second map. O'Brien stated that the Palmers do not have email and are sending a letter of support. The group discussed lot lines vs. metes and bounds. Taylor asked about timing. In summary: Smith (present and in support), Palmer (sending letter, in support). Page 3 of 7 PB Minutes 2-26-14.docx The Board discussed the Palmer properties and Collum asked what benefit the change in zoning has for the Town. Leven will contact Mr. Palmer to find out about support. McMullen reminded the Board that they asked Ocean Edge to investigate moving the VB Zoning District to Ellis Landing Road. Now they are considering the gallery, Palmers, and the Nickerson property. The Board was undecided and requested more outreach and more information specific to their plans. Judd expressed concern for Moore's property and the Hermes property. McGaryistated she was also concerned about properties becoming VB as you move down Ellis Landing Road. Singer dlarified they could look at the Nickerson property only as an option. Board comments: Leaning Y McMullen no comment Collum no comment Klump Y Taylor Y Judd Y There we' s a discussion about commercial use of the Nickerson property and protection of the scenic vista from Route 6A. Pat Hughes asked the Board to consider looking at VB in a bigger picture than one or two projects. She noted it is a big task but suggested they take a step back and look at zoning districts and get feedback from the town. Collum noted it is a good project but after hearing from the neighbors, he will not support the project. McMullen acknowledged that it is an Ocean Edge problem but the Board should at least forward the process on in regard to the Nickerson property and let it get shut down possibly at town meeting. There has been a lot of thought and effort put forward. They should vote tonight and go forward. Leaningwas not in support of only the Nickerson property. He did support sending the referral to the Board of Selectmen. Taylor agreed with Leaning and McMullen. She considers it spot zoning. She supported sending it to public hearing because she wants to hear from more of the neighborhood. Klump agreed with Collum. He stated they could petition the article forward. He was not in favor of the project. Leven a d Klump discussed the petitioning process and the broader reach of a public hearing. Judd expressed concern for the neighbors. He supported the Nickerson property, but public hearing only. McMullen made a Motion to refer the zoning amendment to extend the central VB Zoning District easterly along Route 6A, to the Board of Selectmen for public hearing, Nickerson property only, Collum Second, 4 Aye, 2 No, Ate 4-2-0. (Collum and Klump No vote). Judd reed the legal from the agenda. The public hearing started at 8:35 pm. 7:30 pm Public Hearing Proposed Annual Town Meeting Articles: The Public Hearing will be held for consideration of Zoning By- law amendments to be submitted as 4 Articles on the Town of Brewster's Town Meeting Warrant. The proposed Zoning By-law amendments are as follows: Page 4 of 7 PB Minutes 2-26-14.docx ZONING BYLAW AMENDMENT/Signs ARTICLE NO. ##: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article VI, Signs, by deleting the entire existing text and replacing it with new text. Summary This artit;Ie is a complete reworking of the regulations governing signs in Brewster. Signs are regulated by use, notby the zoning district where the use is located. Also, we have attempted to make the by-law clearer, easier to understand, easier to follow, and more business friendly. It is important to note that businesses located Within the Old King's Highway Historic District are still subject to review and approval for all proposed signage Larry Houghton and Jim Trabulsie were present from the Historic District Committee. Houghton, 11 Center Street He comrtnended the Board for recognizing that the Old Kings Highway Historic District has different signage regulations. He sent the Board an email earlier this month. He felt the 16 square feet total signage would be a problem. Currently HDC allows 12 square feet. Trabulsie, 1531 Main Street If a controversy, HDC preempts Town by-law. HDC is a state statue. Leven stated that anyone in the HDC is subject to the HDC regulations. Victor Staley addressed the process. Building permit, OKH-HDC certificate, conflicts do occur but that is ok. Judd clalrified that HDC has guidelines, not regulations. Trabulsiis suggested they change the total signage to 12 square feet. The Board did not decide to change the 16 square feet to 12 square feet. Leven rad an email from Bob Bugle regarding the wording of"building official" should be "building commissioner" The Board discussed the change with Staley. Leven Will make the edit. Leaning.made a Motion to close the public hearing for Sign regulations, Klump Second, All Aye, Vote 6-0. Collum made a Motion to send the Sign regulations as amended to town meeting, McMullen Second, All Aye, Vote 6-0. 6) Approval of minutes from 1-29-14 meeting Klump made a Motion to approve the minutes of 1-29-14 as amended, Collum Second, All Aye, and Vote 6-0. ZONING BYLAW AMENDMENT/Medical Marijuana Dispensary ARTICLE NO. ##: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Article IX (Spe ial Regulations), by adding a new section 179-38.1 entitled "Medical Marijuana Dispensaries" Summa The Co monwealth of Massachusetts has recently approved the use of Marijuana for medical purposes. As a town, B ewster has the option of adding language to the Zoning By-law to address the location and permitting of Medi al Marijuana Dispensaries. This article relies on the State's Department of Public Health regulations concern ng the development, location and operation of dispensaries. For example, dispensaries cannot be located ithin 500 feet of schools, churches or other areas where children normally congregate, there are also very specific regulations about how buildings housing dispensaries are designed and how they operate. The full text of the state regulations can be found at 105 CMR 725.000 (Implementation of an Act for the Humanitarian Medical Use of Marijuana). Klump read the legal description from the agenda. Page 5of7 PB Minutes 2-26-14.docx Leven suggested an edit to C. second line. "or lease" off premises. McMullen stated he would be voting against this by-law. Taylor Was in favor of the by-law. Klump read the letter from Chief Richard Koch. He suggested limiting the zone to the Industrial, "I" Zoning District Only. The Board discussed Chief Koch's suggestions and the Mashpee by-law. They discussed removing it from the VB Zoning District. Some of the concerns were that the "I" Zone is out of town, Route 6A is out of!character, and VB is not an appropriate location. Taylor Was in favor of Mashpee's regulations. She reminded the Board that they could always change the by- law later. Klump was in favor of keeping it in the VB Zone. Judd fel'that the "I" Zone was not the best place. Collum Remove VB Leaning Keep VB McMullan No comment Klump ALL Taylor Remove VB There was no public comment. Collum made a Motion to close the public hearing, Leaning Second, All Aye, Vote 6-0. Klump Made a Motion to send the Marijuana Dispensary by-law to town meeting as amended, Leaning Second, All Aye, 4 Aye, 1 No, 1 Abstain. Vote 4-1-1 (McMullen no, Collum abstain) ARTICLE NO. #: Floodalain Regulations To see i the Town will vote to amend Chapter 179 Zoning, Article II Establishment of Districts, Section 179-7. Summary Following a recent update of the Flood Insurance Rate Maps, the Town is required to update its Floodplain District Oy-law to reflect changes in terminology and updates in map information. These changes do not impact the scope or intent of the by-laws. The changes to the Flood Insurance Rate Maps go into effect on July 16,!2014. To see if the status of your property has changed, copies of the revised flood maps are available at the Selectmen's Office, and on the Cape Cod Commission website. Judd read the legal description. McMullen asked for clarification. Leven e$plained this by-law updates the existing regulations to recognize the maps adopted in July. Certain terms have changed. She has reviewed edits received. There was no public comment. Klump made a Motion to close the public hearing, Collum Second, All Aye, Vote 6-0. Leaning made a Motion to recommend the floodplain regulations as amended to town meeting, Klump Second,,All Aye, Vote 6-0. ZONING BYLAW AMENDMENT/Museum Definition ARTICLE NO. ##: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Article I, §179-2 B, by deleting the existing definition of"Museum" and replacing it as follows: MUSEUM —An institution, open to the public, which acquires, conserves, researches, communicates or exhibits objects of lasting interest or value for the purposes of education, study or enjoyment. Page 6 of 7 PB Minutes 2-26-14.docx or to take any other action relative thereto. Summary The Cape Cod Museum of Natural History approached the Planning Board about updating the existing definition of Museum to a definition that more closely mirror the educational mission of museums. The Planning Board felt that the revised definition was appropriate and agreed to put forward this article. Collum read the legal description. There was no public comment. Collum made a Motion to close the public hearing, Leaning Second, All Aye, Vote 6-0. Collum made a Motion to recommend the Museum Definition to town meeting, Klump Second, All Aye, Vote 6-0. Topics the Chair did not reasonably anticipate 1. Lever asked the Board to consider a letter of support for the coastal zone management grant. It is for$200k to work en erosion by preserving sand dunes and removing groins. Collum made a Motion in favor of a letter of support for the coastal zone management grant, Leaning Second, All Aye, N ote 5-0-1, McMullen abstains. { McMullejn made a Motion to adjourn, Leaning Second, All Aye, Vote 6-0. The meeting ended at 9:15 pm. The next meeting is 3-12-14 @ 6:30 pm. Respectfully submitted, I /p Ja n I p, Planning Board Clerk Kelly Moore,Senior Dept.Assistant-Planning Page 7 of 7 PB Minutes 2-26-14.docx