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Approved, 4/30/14
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Brewster Planning Board
2198 Main Street
Brewster, Massachusetts 02631 -1898
(508) 896 -3701 ext. 1233
brewplan@town.brewster.ma.us
TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
Wednesday March 31, 2014 at 5:00 pm
(original meeting date 3/26/14) postponed due to weather
Brewster Town Office Building
Chairman William Hoag convened the Planning Board meeting at 5:03 pm in the Brewster Town Office Building with
member: Rick Judd, Jason Klump, Scott Collum, John Leaning, and Elizabeth Taylor present.
Absent: John McMullen
Other attendees: Sue Leven, Stephen Jones, Esq.
Document*:
033114_A Email from Kathleen Sherman not in favor of the Building Height amendment
033114_6 mails from Bill Von Thaden and Ed Lewis in favor of a re- zoning change in East Brewster
033114 C Letter from Carol Spade, not in favor of E Brewster, Brewster map change articles, and larger signs (Sign by -law)
033114 D mail from Victor Schiraga, opposed to Museum Use article
033114=E Ifmail from Judith Moldstad, opposed to the Museum Use article
033114_F 4etter from John Mostyn, Esq. Request not to proceed with the proposed zoning by -law amendment, zoning map change, Brewster
The Chairlrrian read the Recording or Taping Notification:
"As requir d 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 a intends to audio or video tape this meeting he or she is required to inform the chair."
5:00 pp)n Public Hearing
Proposed Annual Town Meeting Articles: The Public Hearing will be held for consideration of Zoning By -law
amendments to be submitted as 5 Articles on the Town of Brewster's Town Meeting Warrant. The proposed Zoning By-
law amendments are as follows:
ZONING BYLAW AMENDMENT /Building Height
ARTICLE NO. 22: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Article VI, Chapter
179 -11, eight and Bulk Regulations, Table 3, footnote 1, by inserting the a letter "d) Fire stations" at the end of the
paragrapi, and adding letters to separate each existing item, so that it reads:
Any ma'cimum height permitted in this chapter shall not apply to:
a) Community facility and public utility structures, provided that the side and rear yards or setbacks required
in the district for the highest permitted principal structure shall be increased two feet in width for each foot
by which the height of such structure exceeds the height permitted in the district.
b) Necessary appurtenant structures, such as church spire, smokestack, monument, flagpole, radio or
ta' levision tower, aerial, airplane hangar, chimney or parapet wall, windmill generator or similar
ppurtenances.
c) special industrial structures, such as a cooling tower and other similar structures where the industrial
process requires a greater height.
d) Fire stations.
or to taka any other action relative thereto.
Summary
The information contained under letters a, b and c already exist in the current by -law. They are being separated into three
groups to make them easier to read. Letter d will cover the proposed fire station which has elements in the design
(including a training tower proposed at 39 feet) that require the proposed building to be over the Town's 30 -foot height limit.
This change would exempt fire stations from the 30 -foot height limit, allowing the proposed facility to be constructed without
requiring '! a variance from the Board of Appeals.
Klump road the proposed article.
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Public Comments:
Elbert Ulsshoeffer, 78 Stony Brook Road
He asked if the fire station is a community facility. Is the Board exempting fire stations? (Yes)
Klump read the email received from Kathleen Sherman, 30 Colonial Way.
She requested that the Board defer vote on this. She is not in favor of the article.
Taylor st 'pted the Board should revisit this in the fall. For now, they are adding "fire station"
Judd made a Motion to close the public hearing, Leaning Second, All Aye, Vote 6 -0.
Judd made a Motion to vote to recommend Article #22 Building Height to Town Meeting, Collum Second, All
Aye, Vo j 6 -0.
ZONINd MAP AMENDMENT /Zoning Map Change — East Brewster
ARTIC4E NO. 36: To see if the Town will vote to amend the Town of Brewster Zoning Map as follows:
For the Wlage Business zoning district at the eastern end of Main Street at the Brewster /Orleans line:
A. 'Retain the area from the center line of Main Street to the south as a Village Business district with the
same boundaries as the existing district.
B. For the area from the center line of Main Street starting at the Orleans line, a Commercial Zoning district
;will be created by a new line to be drawn:
1. North for 400 feet, turning west and running parallel to Main Street to the centerline of Southern
Eagle Cartway.
12. Turning south along Southern Eagle Cartway to a point 165 feet north of the centerline of Main
Street.
i3. Turning west and running parallel to Main Street to the center line of Eldredge Road.
4. Turning north on Eldredge Road for 300 feet, then turning west for 225 feet, then turning south to the
center line of Main Street, and running east along the center line of Main Street to the Orleans line.
C. iThe remainder of the existing Village Business zoning district on the north side of Main Street will
become part of the Residential Medium Density zoning district.
or to tale any other action relative thereto.
Summary
The Plonning Board has been looking at the Village Business (VB) zoning districts in Brewster to determine if
they ar in the appropriate areas and if existing zones could benefit from reworking. The Board was approached
by a re ident interested in acquiring a building in the area covered by this article to open a business that
originally existed in the building, but was prohibited under the current zoning. They asked if the Board would
consider rezoning a portion of the existing VB district to CH (Commercial High Density) to allow the use and to
more closely resemble the mix of uses on the north side of Main Street.
Judd read the article. The Board asked for public comment.
Public gomment:
Alex Wentworth, 786 Stony Brook Road
He has *n in business for thirteen years. This area in particular seems to be commercial. He would like to
keep his automotive repair business in Brewster.
John Dijemer, 30 Eldridge Road
His lot was originally CH then was changed to VB. He had discussions with Staley and Leven and requested
the change to CH. If changed to RM he would have a limited use. The Board discussed location, extending the
CH zone, the map, frontage requirements, and surrounding parcels. Collum was in favor of the change. Klump
and Leven were not in favor of forwarding the article with the change since the change was not included in the
original advertising. Leven suggested they go forward "as -is" and take up in the fall. Taylor did not want to
change the current article since it involves notifying abutters. The Board discussed abutter notifications with by-
law amendments.
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Leaning read an email message from Bill VonThaden in favor of the re- zoning change.
Leaning read an email message from Ed Lewis, 179 Far Fields Road in favor of the re- zoning change.
Elbert Uilshoeffer
He expressed concern that this article initially seemed to be spot zoning. He asked if the Board had deliberated
this change. He wanted to make sure the Board had compared VB and CH uses. He questioned CH use in that
area.
Hoag exp lained they did initially get a request from a local business owner but decided that the area really is
CH in nature so they would be updating the zoning. Hoag read a letter from Carol Spade, 3156 Main Street.
She was not in favor of the re- zoning of East Brewster, the proposed zoning near Ocean Edge, and the Sign
by -law. $he expressed concern about signs being considerably larger than they are now.
Taylors fated that Spade brought up good points. She was in favor of sending the article to town meeting. The
Board a reed to send the article to town meeting with the RM portion of the north side remaining VB. In the fall,
the Board could address a change of VB to CH. Collum was in favor of abutter notifications in the future.
Collum made a Motion to close the public hearing, Klump Second, All Aye, Vote 6 -0.
Leaning !made a Motion to recommend Article #36 with amendment to town meeting (two house lots on north
side are Inot to change, edit c, they remain VB) Collum Second, All Aye, Vote 6 -0.
ZONING BYLAW AMENDMENT /Zoning Map Change — Brewster
ARTICLE NO. ##: To see if the Town will vote to amend the Town of Brewster Zoning Map as follows:
Change! a portion of Map 90, Parcel 153 fronting on Main Street measuring: southerly 53 ft. and 183 ft. along
Main Street, respectively; easterly 167 ft.; northeasterly 244 ft.; northwesterly 159 ft.; and westerly 250 ft. to the
point of beginning, to the Village Business District.
This can be seen in the graphic available at the Planning Department, Town Hall.
or to take any other action relative thereto.
Summary
The lanj to be rezoned lies to the east of the existing Village Business District that ends at Ellis Landing Road and is
immediately west of a portion of the Ocean Edge property and has frontage only on Main Street. In reviewing planning goals for
this land with an eye towards accommodating the existing commercial area while avoiding a `one size fits all" approach,
protectirig the Town from undue growth along Main Street, and preserving historic structures and vistas, this proposal would
reflect and provide for all of the above in a manner that will be consistent with the character of Town of Brewster. This change
would allow this land (owned by Ocean Edge) to be redeveloped in keeping with the adjacent land uses, in accordance with the
plannin goals set forth above, and in such a way as to improve traffic circulation on the adjacent roadways, locate parking
away fr m Main Street, preserve both vistas and historic properties, and provide additional jobs and revenues for the Town, all
while maintaining strong regulatory control by way of prior site plan and use special permit requirements for any such activity.
Hoag red the description. Judd read a letter requesting the Board withdraw the article from John Mostyn, Esq.
Route 6,N Brewster Holdings, llc.
Leven sated there was no reason to discuss further if the Board chooses to withdraw the article. The Board
could schedule another meeting to discuss the topic. Leven stated there is no project, application or proposal.
Board gomments:
Do not lend this article to town meeting - Hoag, Judd, Taylor, Klump (no vote,) Leaning, Collum
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The Board was not in favor of recommending the article to town meeting.
Judd made a Motion to withdraw the article for a zoning map change, Map 90, Parcel 153, Leaning Second,
All Aye, Vote 6 -0.
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ZONING BYLAW AMENDMENT /Museum Use
ARTIC�E NO. 6: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article IV,
Section 179 -11, Table of Use Regulations, Table 1, Community Facilities, by amending #12, Museum, as follows
(bold underline text is new):
i
R -R
R -L
R -M
C -H
V -B
I
MRD
PWS-
CF
12.
Museum
S
S
P
S
S
-
-
P
or to take any other action relative thereto.
Summory
In anticipation of the Brewster Historical Society's purchase of the Elijah Cobb House, this change would be required
to allover the Historical Society to have a museum use in an RL zone (where the Cobb House is located) by special
permit.
The Board also decided to use this article to extend the use by special permit to the RR and VB Districts.
Zoning; districts: R -R = Residential Rural; R -L = Residential Low Density; R -M = Residential Medium Density; C -H =
Commercial High Density; V -B = Village Business; I = Industrial; MRD = Municipal Refuse District; PWS -CF =
Hoag read the description. Leaning recused himself from the discussion.
Public Qomments:
Stephen; Jones, Esq. 46 Lady Slipper Lane, President of the Brewster Historical Society
Jones explained they requested the article to run a museum. The zone allows for a historical society use.
Jones *uested the Board recommend the article to town meeting.
The Board had no comments. Leven met with Town Counsel and shared some changes. In summary, they do
not chanlge the article.
Elbert Ulshoeffer asked if a museum would be allowed anywhere if it is a non - profit. Leven stated no.
Ulshoeffier is not against the article he simply questioned if the Board had decided to do this by special permit
would they have to be non - profit in a residential zone.
Jones, Leven and the Board discussed the museum's designation and the possibility of a designation by the
state asjeducational use, which would help their cause. The Board discussed the merits of non - profit vs. for
profit museums in town. Klump originally suggested this article include RR and VB zones. Leven stated that
the special permit would allow the Board to review impacts raised by the abutters.
Dennis �Lanzetta, 5 Moldstad Road
He read �a letter in opposition to the article. He had concerns about traffic, pedestrian safety, number of visitors
to the m, seum, expansion, and compromising the residential zone.
Klump r6ad a letter from Judith Moldstad, 60 Moldstad Road.
He was Inot in favor of the article. She was concerned about commercial use and changing the residential
neighbothood.
Klump read an email message from Victor Schiraga, 18 Moldstad Road. He was not in favor of the article
and was concerned about traffic.
Mary Haynes of 96 Great Field Road spoke in favor of this zoning change. She asked people to think of the
Eddy Sisters and the spirit of community first. The Historical Society is not a commercial operation. The Elijah
Cobb house is a beautiful sea captains house.
Stephen Jones, Esq. explained that the use is not commercial use but a community facility. Currently this
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zone allows many uses. The RL zone would allow the use by special permit.
The special permit process would address the concerns expressed in the letters.
Klump s .tated they are voting on a use amendment and the use of the property requires a site plan review
special permit. Judd stated he respects the concerns of the abutters. A special permit could include conditions.
Taylor added it is a small section of RL. The area is mainly RM. She believes that museum use is the only
difference between RL and RM. She supports the amendment and a special permit will address the issues.
Klump r�ad uses from the by -law and noted it the society gets clarification by the state it will not need the
planning board's permit.
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Collum Made a Motion to close the public hearing, Klump Second, All Aye, Vote 5 -0.
Klump made a Motion to recommend Article #6, Museum Use to town meeting, Judd Second, All Aye, Vote 5-
0.
1 CitizeO Petitioned Zoning Amendment
Zoning Pylaw Amendment/Docks and Piers
ARTICL NO. 42: To see if the Town will vote to insert the text below into Brewster Zoning Bylaws, Chapter 179 -13
( Regulations effective in all districts):
Paragraph E.) All docks and piers on freshwater ponds in the Town of Brewster shall conform to the Brewster Wetlands
Protection Bylaws.
or to take any other action relative thereto
Summajy
This article proposes that the Brewster Regulations for Docks and Piers be included within the Zoning Bylaws. Docks
and piers are structures, which are currently excluded from any Brewster Zoning Regulations. The current Brewster
Regulations for Docks and Piers within Conservation define permitted dimensions, elevation and orientation, permitted
building materials, hazardous materials, and utilities restrictions. All of the aforementioned items logically and naturally
should foil under the ownership of the Brewster Building and Zoning Department and no change is requested in the
current Bock and pier regulations.
By including these regulations within the Zoning Bylaws, the town will be better prepared to regulate them as they do
with other built structures in Brewster and ensure their safety and conformity to code. This reference to the Brewster
Wetland Protection Bylaws will also ensure Brewster zoning laws are consistent with surrounding towns which have
zoning regulations for such structures.
Hoag read the article description. Leaning rejoined the meeting.
Public Comment:
Jane Johnson of Johnson's Cartway requested the Board's support of the article. Johnson expressed concern
about thle preservation and oversight of fresh water ponds.
Board Cfomment:
Collum did not support the article. He expressed concern about limiting recreational activities and adding
additional regulations.
Leaningishared concerns for the ponds but was reluctant to support an article. He was not sure about
requirements for pond protection.
Klump asked for clarification. Leven explained that Town Counsel noted that the Conservation Commission
grants vl riances and then the applicant would be required to seek a variance from the Zoning Board of
Appeals'' Currently in the wetlands protection by -law there are restrictions regarding dock and pier sizes. The
original intent was to cross - reference the by -laws; however, it may add an impassable layer of approval.
Variances are difficult to get.
Johnson stated that they want to include the conservation wetlands regulations in zoning, since she believes
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docks are structures. The Board discussed structures and did not agree they are structures.
Hoag st�ted the article is redundant. Leven will send Johnson the Town Counsel opinion. Taylor expressed
concern about the wording. She recommended they review the definition. She discussed further with Leven.
Taylor recommended that Johnson speak to Staley.
Public Comment:
Carolyn; Noering, 50 Gilbert Road asked if this article is the result of recent opposition at Blueberry Pond to
the docks at Ocean Edge. Johnson stated this covers ponds in Brewster and she is not involved. She wants
extra regulations about building around the ponds.
Leaning Imade a Motion to close the public hearing, Judd Second, All Aye, Vote 6 -0.
Collum made a Motion to not recommend Article #42 Docks and Piers to town meeting, Leaning Second, All
Aye, Vote 5 -0 -1, Klump abstain.
The article still goes to town meeting. The vote is a recommendation only.
Questioln for Election Ballot
ARTICLE NO. 40: To see if the Town will vote to direct the Board of Selectmen to place the following question on
the next!election ballot: 'Shall the Town of Brewster petition the General Court of the Commonwealth of
Massachusetts asking that the Town of Brewster be released from membership in and removed from the authority
of the Cape Cod Commission and the Cape Cod Commission Act ?'
or to take any other action relative thereto.
No summmary provided
Hoag read the article description. Leven informed the Board they do not have to vote. Judd asked if the
applicant is from Barnstable. (yes) Elbert Ulshoeffer suggested the Board vote it. He stated it is misleading and
does not support the article. He feels the CCC serves a valid purpose. He was the first building official to send
someone to the CCC.
Board Qomments: In favor?
Leaning;— Do not recommend
Collum Yes will recommend
Klump No comment
Taylor a pressed concern that if Brewster withdraws they may not have access to technical expertise. At least
two tows did not approve it originally. Now they make use of the CCC. She noted they are doing a flyover of
the Cape and this is important since there has not been data available since the last flyover four years ago.
They have never been able to use the data since it is expensive to analyze. She will not support.
Collum �dded the people should vote it.
Leanin made a Motion not to recommend Article #40 to town meeting, Taylor Second, 1 -No, 3 -Yes, 2 abstain
g; 9, Y
(Klump, Judd), Vote 3 -1 -2
Leven provided the Board with a summary from Town Counsel's comments.
1) Sign By -law — definition of a sign as an accessory structure is subject to setbacks and grandfathering. Town
Counsel suggested using "assembly of materials"
Wlshoeffer finds this change to be problematic. He expressed concern regarding aesthetics. None of
the signs in town met setbacks. Accessory use to a permitted use? He suggested asking Town
Counsel.
The Board agreed with Counsel's changes. Judd made a Motion to accept the change in the Sign by -law from
accessory structure to assembly of materials as written by Town Counsel, Collum Second, All Aye, Vote 6 -0.
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2) Leven' explained there is a disclaimer in Signs that refers to 40A3, under agricultural use. (Not education or
religious) If a change is needed, the Attorney General will notify the Board. Leven did not recommend changing
it. Leveni explained the Board could regulate the sign but not the use. (Education and religious)
3) Lever; explained Town Counsel's comments came to her while she was out of the office.
The Boajrd discussed the Medical Marijuana by -law. Town Counsel questioned the definition. Leven read the
section in the by -law. Town Counsel asked if the Board would object to including other items in the definition.
Hoag was not in favor in making changes. Collum agreed. Judd had no comment. Taylor, Leaning, Hoag
considerjed that "processed" covers it. They discussed further and decided to leave it as -is.
4) Zoning map change, East Brewster — Town Counsel suggested if they do map changes, they should use a
surveyott. The Board discussed further. Leven noted that the official zoning map out of date. The map has not
been updated since 1990. Leven is talking to contractors about digitizing the map.
Judd made a Motion to close the public hearing, Collum Second, All Aye, Vote 6 -0.
4) Appr val of Minutes from 2- 26 -14, Klump made a Motion to approve the minutes of 2 -26 -14 as written,
Judd Second, All Aye, Vote 4 -0 -2. Hoag, Leaning, abstain
Klump n1ade a Motion to adjourn, Judd Second, All Aye, Vote 6 -0. The meeting ended at 6:45 pm.
The next meeting is 4 -9 -14 @ 6:30 pm.
Respectfully submitted,
Jason Klump, Planning Board Clerk
Kelly Moore, Senior Dept. Assistant - Planning
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