HomeMy Public PortalAboutPlanning Board -- 2014-05-14 MinutesBrewster Planning Board
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Approved: 6/11/14
Vote — 5 -0 -1 deRuyter abstains -
TOWN OF BREWSTER PLANNING BOARD -
Regular MEETING MINUTES
Wednesday May 14, 2014 at 6:30 pm
Brewster Town Office Building 4 t' 'r t U,
Chairman William Hoag convened the Planning Board meeting at 6:42 pm in the Brewster Town Office Building
with members: Rick Judd, Jason Klump, Scott Collum, John Leaning, and Elizabeth Taylor present.
Absent: John McMullen
Other attendees: Jennifer Harney, Mr. & Mrs. John Tsiareas, Meredith Baier, Sue Leven
Documents:
051214_A Dept. Review Summary for #2014 -08
051214B Email from Victor Staley, Building Commissioner, re #2014 -08
051214C Email from D. Malin
051214D Email from A & L Baerga
051214E Email from M. Devin
The Chairman 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 pin Planning Discussion
1) Review results from Town Meeting 5/5114 and discuss fall Town Meeting
At the 5/5 Town meeting all six zoning articles passed. Leven listed the following for fall town meeting:
Political signs
Southern Eagle Cartway, East Brewster, zoning adjustment
Draft Stormwater by -law, by Horsley Witten Group
Leven asked the Board to think about the number of changes requested by the public. She asked them to
consider requests instead of a property owners' petition. Ultimately, it is the Board's decision.
Hoag stated that he would like to back up the by -law amendments process to the end of July for fall town
meeting. The process and logistics are sometimes difficult. He would like the Board to be aware that they meet
with the Finance Committee and the Board of Selectmen. He suggested moving anything that does not make
the list to the spring list. Collum agreed.
Taylor agreed. She asked about a fertilizer regulation and adding to the Water Protection by -law. It does not
include the Herring River Watershed.
Leven will talk to Jillian Douglass regarding the fertilizer by -law to see if there is a recent iteration from the
State. She will also contact the Cape Cod Commission regarding an updated fertilizer by -law.
Taylor asked about Docks and Piers. Leven stated no new information has been received from the Docks and
Piers concerned citizens.
Taylor asked about changing the Medical Marijuana by -law by adding the suggested comments from Town
Counsel. The Board can think about it.
Leven has some minor edits noted in her zoning by -law (housekeeping) that could be in one article.
Klump suggested the VB zoning district. They will have further discussion.
Page 1 of 5
PB Minutes 5- 14- 14.docx
The Board decided to discuss the Shade Tree Act and Scenic Roads memo at the end of the public hearing.
The Board approved the meeting minutes of 4 -9 -14.
Leaning made a Motion to approve the meeting minutes of 4 -9 -14 as written, Klump Second, 5 Aye, Vote 5 -0-
1. Judd abstains.
Leven distributed a handout. VB vs. CH Zoning Districts.
7:00 pm Public Hearing
Modification of Site Plan Review Special Permit - #2014 -08 Applicant: John Tsiareas, d/b/a Brewster
Pizza House LLC, 2655 Main Street, Map 89 Lot 18 (Old Map 15, Lot 107) in the VB Zoning District. The
applicant is requesting a modification to Site Plan Review Special Permit and Use Special Permit #2009 -09 and
#2013 -02 pursuant to Massachusetts General Law's c. 40A, Section 9 and 11 and the Town of Brewster
Zoning By -Law, Article X, Section 179 -51 and Article XII Section 179 -66 to include the remaining space in Unit
24 which is currently used as the vestibule entrance for dart boards and dart play. The applicant is also
requesting an increase in seating capacity from 58 seats to 96 seats, including the ability to use the 20 seats
permitted in Unit 24.
Klump read the legal description. Hoag asked if the 2009 special permit was still in effect.
Leven stated that there is a 2009, Modification 2009, 2013, Modification of 2013. Each one amends or is a
prior modification.
Jennifer Harney, Manager of Brewster Pizza was present and represented John Tsiareas. She explained that
Unit 24 can have a seating capacity to 90 and they are requesting 20 more in the Donut Shop unit for a total of
110 seats.
Board Comments:
Collum noted the two separate units and read from the application. He was concerned that this does not fit in
the application. Leven reminded the Board this was applicability of site plan review.
Harney explained that this includes the space behind the vestibule for dartboard use. This will allow the
business to be fully handicap accessible. The change would allow them the ability to accommodate people if
they wanted to rent the room. (i.e .youth hockey gathering)
The Board was concerned about the number of seats, who determines seats, proper egress, vs. occupancy
totals and handicap accessibility.
Leven explained the number is the capacity of the septic system and the building commissioner's
determination for total number of seats.
They discussed dartboard use. The applicant wants to move the dartboards to a safer area. They host two dart
leagues. It is one day a week primarily in the spring and wintertime.
Maximum # of seats
Taylor, Unit 26 and 28 = 58 seats (She wanted the Fire Dept. number)
Harney, said 66 seats
Leven will verify with Staley
The Board discussed the septic system design capacity. They referenced a memo with the application from
John O'Reilly. Harney approached the Board and reviewed the site plan with several members.
Leven requested plans to show all proposed work.
Judd questioned additional TV's and sound. None is proposed.
Hoag asked about traffic and parking impact.
Leaning agreed with Hoag. He stated if it is below level C it may be a problem. Is it level B to C?
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PB Minutes 5- 14- 14.docx
Leven noted that there are no official plans for the expansion of Cumberland Farms at Foster Square.
Collura disagreed with the need for a traffic study. He does not see any change in traffic.
Klump noted that a traffic study is usually for new development not for changing tenants.
Leven suggested it might be worth comparing the former use vs. the present use.
Hoag noted that big areas are empty now.
Leaning was in favor of a revised traffic study based on additional seats. Route 6A and Foster Square is a
tough intersection.
Taylor agreed with Leaning. Judd was in favor of a modification, not a new study.
Leven asked Harney to wait until she has a chance to speak to the transportation staff at the Cape Cod
Commission.
Judd asked about the dart season. Harney explained it is 6 week in the winter and 6 weeks in April, so twice a
year for one day a week. (Wednesdays) 7:00 — 9:00 pm.
The Board discussed the emergency fire exits and the possibility of closing off a door to unit 24 when not in
use. Harney noted they could add a door.
The applicant does not want to lose the ability to offer more room for additional people. (not tables)
Leaning asked if the applicant was under a deadline or pressure to get this done. He wants to go to the site
and observe this summer since so many neighbors criticized the Board for holding site visits during October.
Harney reviewed the actions taken by the business.
• Hired and fired staff
• Signage
• Door staff
They agree with all the former conditions.
Klump read the department review summary for Brewster Pizza.
Hoag read the email received tonight from Victor Staley, Building Commissioner
Judd read an email from Denise Malin who was not in favor of the special permit.
Klump read an email from Andrea and Louis Baerga who were not in favor of the special permit.
Hoag read an email from Mark Devin who was not in favor of the special permit.
The above neighbors expressed concern about the business expansion not being true Village Business use.
Leven explained that there is no definition of Village Business. It is defined by the allowable uses on the Use
Table. They are either by right or by special permit. She referenced the handout comparing VB and CH. *CH is
Commercial High Density. She reminded the Board that the condition of approval, #9, live entertainment would
be re- visited by the Board on 7- 23 -14. It is not what is being discussed tonight.
Hoag explained that he lives near the VB district and two restaurants. It is a busy area, far busier than the
Foster Square area. He reminded all that everyone is entitled to an opinion. (applicant, abutters, staff, and the
board) He wants to run a fair hearing. The Board has received letters from abutters concerned that the
business is not Village Business Use. The Board has no comment. This is an allowed use by special permit.
Klump noted that it is not up to us, the Board has to hear it.
Public Comment:
1.) Meredith Baler, 2663 Main Street
Baier was opposed to the special permit. She expressed concern about the number of seats. She is not in
favor of any increased seating. She also expressed concern about the septic system. She is concerned about
open space, 20 additional seats, overuse of the septic system in the other unit.
Leaning noted the septic system is under the Board of Health.
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PB Minutes 5- 14- 14.docx
Baier requested the Board keep the seating at 58. She believes there is too much intensity. She has
researched the VB district and believes the original intent was low intensity business. The original plans for
Foster Square show retail and office use.
Leven explained that the restaurant use is allowed by special permit from the Planning Board in the VB district.
It is up to the Board and Town Meeting to change any definitions. The Town has a use table and that is where
the use is defined. There is nothing in the by -law that restricts the size of the restaurant.
Baier — VB — What is reasonably in the VB despite size.
The Board discussed current uses like JT's, Cobies, (RM) Woodshed (RM). It is a case -by -case basis.
Collum explained that this is allowed by special permit/Planning Board
Klump asked if there might be a problem with the legal advertisement since it stated 96 seats.
Leven stated if it were a problem, they would re- advertise.
Baier was concerned about the conditions remaining in place. She was concerned about truck deliveries in the
alley behind the restaurant, missing chain and the open door in unit 24.
Harney explained that the Sushi restaurant has the right to have delivery in the back of the restaurant. They
removed the chains per the Fire Department. There are signs stating "emergency vehicles only"
Hoag reminded all that the conditions remain
Harney noted the doors stay closed during entertainment but not regular business hours.
George Deligiannides, Owner of Foster Square spoke to the Board.
He acknowledged that the Board has worked very hard on these permits. The applicant has spent a
considerable amount of money to upgrade the business. Seat capacity was lowered so the septic was
upgraded which allows for more seating. Judd and Deligiannides discussed the new septic system.
Leven explained that the issue with the septic was how seats are calculated. There was a lot of discussion with
DEP to calculate the upgrade to accommodate larger capacity of seating.
Hoag noted that many conditions were included last year and will be discussed by the Board at a later meeting.
He suggested continuing to after July.
Leven noted the condition to meet in July does not have to do with the number of seats. It was for the
entertainment and is not related to this modification.
Leaning agreed.
Klump expressed concern about Unit 24. He asked if they allow the maximum number of seats does the
maximum occupancy stay the same. He stated the applicant should consider acting in better faith with the
Board and the neighbors. (re: asking for use)
Harney stated they are committed to maintaining a harmonious environment. It is a sports bar. The conditions
are working favorably. They questioned occupancy vs. seating.
Klump was in favor of the seating capacity to 90 and Unit 24, darts only one week a night.
Collum agreed with Klump but added he was not comfortable with Unit 24. He referenced the letter from Victor
Staley. He asked about deferring on Unit 24, a continuance to August.
Judd was good with the seating.
Taylor had questions about the traffic, an updated plan, the occupancy number from Fire Dept. Wait until July.
Collum stated that if there are no tables and chairs, the occupancy number decreases.
Leven reminded the Board that the July 2014 meeting is not about people or seats it is only about
amplification.
The Board discussed a vote, expanding seats to 90 without the additional 20 and no use of Unit #24.
Leaning was in favor of no use in Unit #24.
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PB Minutes 5- 14- 14.docx
The Board discussed maximum occupancy and who sets it. Leven stated the building commissioner sets the
number.
Baier continued to express concerns about the back alley use and was adamant about addressing other
conditions in the special permit to be addressed this summer. *There is a review date set in the permit.
She also expressed concern about noise.
Condition #9 will be addressed in July.
Leven explained that the time for modifications to a special permit that has been approved is during the appeal
process.
Harney stated that the back door of Unit 26 could remain closed.
Judd reminded Baier that the Board is talking about seats not the door in Unit 26.
Baier stated they are here because of the use.
Hoag stated that Brewster Pizza would keep the door closed.
Klump made a Motion to approve #2014 -08 ( #2013 -02) Modification of Special Permit, Section 2. A) 17.
58 to 90 seats only. Judd Second, 5 Aye, 1 No. Vote 5 -1 -0 (Taylor No)
Collum made a Motion to continue #2014 -08, Unit #24 discussion to the August 13, 2014 meeting, Leaning
Second, All Aye, Vote 6 -0.
They requested a build out plan.
2) Discuss Shade Tree Act & Scenic Roads Memo from Victor Staley
Collum read the memo from Staley and the comment from Bob Bersin. He asked for clarification.
Hoag noted the enforcement is challenging. What is a shade tree?
Leven explained it could pertain to a blade of grass. The Scenic Road by -law protects vegetation including
trees.
The Board discussed the general content of the act. Collum shared a few examples from the last tree hearing
with Bob Bersin regarding trees on Tubman and Route 124. The Board was concerned about replacement
trees and keeping a balance. Safety is also a concern.
Klump asked what the Board can do since it is a State Act.
Leven suggested doing some research and inviting Bersin for further discussion. Leven will find out more
information about the state act, jurisdiction, any changes, etc.
Topics the Chair did not reasonably anticipate - None
Klump made a Motion to adjourn, Collum Second, All Aye, Vote 6 -0. The meeting ended at 8:45 pm.
The next scheduled meeting is 5/28/14 @ 6:30 pm.
Respectfully sykmitted,
, Planning
Kelly Moore, Senior Dept. Assistant - Planning 0
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