HomeMy Public PortalAboutPlanning Board -- 2014-05-28 Minutes7
Brewster Planning Board
2198 Main Street
:°oar Ni, Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 1233
brewplan @town.brewster.ma.us
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Approved: 6/25/14 -
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Vote: 7-0-0
TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
Wednesday May 28, 2014 at 6:30 pm
Brewster Town Office Building
Chairman William Hoag convened the Planning Board meeting at 6:31 pm in the Brewster Town Office Building with
members: Rick Judd, Jason Klump, Scott Collum, John Leaning, Nick deRuyter, and Elizabeth Taylor present.
Other attendees: John McMullen, Sue Leven, Victor Staley, Paul Sweetser, Christopher Dias, Brad Kuhrtz, Richard Repetto,
Marty Lucenti, Conrad Schultz, Don Wright
Documents:
052814_A Dept.Review Summary for#2014-12 Dias,SPR
052814_B Dept.Review Summary for#2014-13 Repetto,SPR
052814_C Memo from Leven re:Route 6A Study
052814_D Letter from John Idman,CCC re:#20145-12 Dias,SPR
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."
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6:30 pin Discussion
1) Re-organization of the Board after Town Elections
The Board recognized John McMullen for his eighteen years of service as a Board member. The Board
thanked McMullen for his service. They took a few moments to share their gratitude. The Board presented
McMullen with a gift certificate and card.
The Board welcomed new member Nicholas deRuyter to the Board. They re-organized the Board. Hoag was
not interested in being Chair again.
Collum made a Motion to elect Judd as Chairman, Taylor Second, All Aye, Vote 7-0-0.
There were two nominations for Vice Chairman. (Hoag and Klump) Klump had 4 votes.
Collum made a Motion to elect Klump as Vice-Chairman, deRuyter Second, All Aye, Vote 7-0-0.
There were two nominations for Clerk (Leaning and deRuyter) deRuyter had 4 votes.
Hoag Made a Motion to elect deRuyter as Clerk, Leaning Second, All Aye, Vote 7-0-0.
Hoag made a Motion to elect deRuyter as the liaison to the Zoning Board of Appeals (ZBA), Collum Second,
All Aye, Vote 7-0-0.
Klump made a Motion to elect Taylor as the representative to the Comprehensive Water Planning Committee,
(CWPC), Judd Second, All Aye, Vote 7-0-0.
Judd made a Motion to elect Klump as the representative to the Water Quality Review Committee (WQRC),
Collum Second, All Aye, Vote 7-0-0.
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2) ANR#2014-16 Jay Merchant, 24 Abby Road, Map 24, Lot 75 in the RM/RL Zoning District. The purpose
{ of the ANR is an equal land swap.
The Chair introduced the Board and Staff to the audience and viewers. Judd read the ANR description from the
agenda and disclosed that he has a professional work relationship with Paul Sweetser. Sweetser provided a
summary of the ANR for the Board. It is an equal land swap.
The Board discussed with Sweetser and asked about line clarification on the plan, the stonewall line, and
greenbelt clarification. Leven had no comments.
Hoag made a Motion to endorse ANR#2014-16, Klump Second, All Aye, Vote 7-0-0.
The Board signed the Mylar and two copies of the plan for the Planning Department file.
3) Approval of meeting minutes from 4/30/14
The Board approved the meeting minutes of 4/30/14. Moore will check on the correct spelling of Henchey.
Leaning made a Motion to approve the meeting minutes of 4/30/14 as amended, Hoag Second, 6 Aye, Vote
6-0-1. Collum abstains.
Topic Not Anticipated by the Chair:
The Board reviewed the memo from Leven regarding a Route 6A Study.
Leven summarized for the Board. The Board may form a subcommittee to address the topic. Leven has met
with Don Poole of Outermost Land Surveying. She helped Poole update the map of Route 6A businesses. The
Chamber of Commerce and others has begun to address the Route 6A area.
The Board discussed forming a subcommittee, the best way to integrate interested parties, and zoning
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changes, Hoag volunteered to meet with Poole and others. Leven suggested meeting once Don Poole makes
changes to the map.
Taylor questioned the subcommittee format. She expressed concern that all the meetings be televised. She
wants to meet with the Chamber of Commerce and The Historic District Committee. The Board discussed work
sessions.
Judd asked the Board to think about this topic, especially the third paragraph of the Leven memo regarding
zoning. Leven explained that the Chamber has been discussing Route 6A zoning for a while. The Board of
Selectmen recently discussed and asked if the Planning Board will form a subcommittee.
Collum asked the Board to look at not only Route 6A but also all the roads off Route 6A. He was in favor of a
broader discussion about zoning. He stated this was a good start.
Leaning suggested that a subcommittee make recommendations first, followed by formal meetings.
Leven suggested creating a report to go forward and study further.
7:00 pm',Public Hearing
1) Site Plan Review Special Permit -#2014-12 Applicant: Christopher Dias, 1399 Freeman's Way, Map
131 Lot 7(Old Map 45, Lot 70-1) in the "I"Zoning District. The applicant is requesting a Site Plan Review
Special Permit 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 construct a lumber yard on the
proposed site which will include a warehouse of 12,450 square feet, and overhang storage areas of
approximately 12,000 square feet. Activity on the site will be wholesale in nature, but the business is open to
the public.
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Judd read the legal description. Paul Sweetser was the representative. Chris Dias was also present.
Collum disclosed that he does business with Specialty Building Supply.
Sweetser stated he has been in touch with John Idman at the Cape Cod Commission. He submitted a plan (4
copies)with two-foot contours for review. The plan has an outline of the buildings. He explained this is a
preliminary Site Plan Review and that they will address drainage later. The applicant needs to go forward to
a bank with an understanding that he is moving in the right direction.
Board Comments:
Leaning asked for clarification of the location. (old boat yard)
Hoag explained he has reviewed through the Water Quality Review Committee. He was in favor of the Site
Plan Review and stated it would be a good addition to the commercial zone.
Leaning asked about 21E, containments Sweetser stated that Bennett Environmental is starting Phase II.
Leaning asked for clarification regarding the over hangs. They discussed further.
Col lum was in favor of the project location and stated it would be a great addition to the Town.
Taylor asked if they were purchasing (Y), ANR. (Y)
Leven asked about outside storage. (Possible) She explained that it is important for the site to maintain
vehicular circulation for customers and deliveries. The applicant agreed.
Judd asked about manufacturing. Dias stated there would be a wood shop.
Klump referenced the WQRC minutes, last bullet point. Planning Board to work with stormwater.
Hoag explained the WQRC expressed concern about the paved surfaces. The revised plans will address
stormwater.
Leven stated the applicant would continue and submit a revised plan. The CCC has signed off on the square
footage.
Taylor questioned the total square footage. 12,000. CCC?
Collum read the letter from Mr. Idman from the CCC into the record. In summary, the property does not meet
or exceed any mandatory DRI threshold.
Leven explained they added to the existing building. The existing building will be removed once the new
building is built. That is why the total is more than 10,000 square feet.
Klump read the Department Review Summary.
There was no public comment.
Taylor expressed concern about stormwater issues and paving. She asked about 21 E. She supported
moving forward with the process.
Klump was concerned about drainage to a kettle hole.
Leaning had no comment.
Collum was concerned about traffic flow. Hoag agreed with Collum.
deRuyter was concerned about stormwater and drainage.
Judd noted it was a great use. He asked about hours of delivery and encouraged the applicant to reach out
to the assisted living facility.
Leaning made a Motion to continue #2014-12 Site Plan Review, Dias, 1399 Freeman's Way, Map 131, Lot
7 to the July 9, 2014 meeting, Collum Second, All Aye, Vote 7-0-0.
2) ANR if2014-15, Christopher Dias, 1399 Freemans Way, Map 131, Lot 7 in the Industrial Zoning
District. The purpose of the ANR is to create five lots.
Paul Sweetser was the representative for Chris Dias. Correction: 1 lot, not five lots. The purpose of the ANR is
to create frontage on 1399 Freeman's Way.
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Board Comments:
Judd asked is they are acquiring land from Cape Sand & Gravel. (Yes) Abby Developers
Leven explained that the applicant has an agreement to purchase pieces. They have gone through several
iterations of the plan, but it makes sense. They have to own all of the lots.
There were no further comments or questions from the Board.
Hoag made a Motion to endorse ANR #2014-15 Dias, 1399 Freeman's Way, Map 131, Lot 7, creating one
lot, from five, as presented, Leaning Second, All Aye, Vote 7-0-0.
4 2) Site Plan Review Special Permit-#2014-13 Applicant: Richard Repetto, 195 Underpass Road, Map 77
Lot 32(Old Map 27, Lot 20-1) in the CH Zoning District.The applicant is requesting a Site Plan Review Special
Permit 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 use existing property and buildings for auto
sales and an auto detail repair shop.
Judd read the description. Richard Repetto was present. He noted that environmental issues are a priority. He
cleans the interior of cars with a steam vapor. One liter cleans the interior or a car or SUV. He uses regular
household cleaning agents and no auto fluids. There is no mechanical repair done on site.
Board Comments:
Leaning asked about laundering of towels and for clarification of the location. (Peter Brandt property)
Klump asked about what happens with the dirty water.
Repetto explained there is no dirty water. This is steam only with towels. Process used in Europe. He will be
washing the exteriors with water.
Repetto distributed a letter to the Board.
He explained they did a test recently and used two gallons for washing and two gallons for rinsing. He does not
anticipate many cars.
The Board asked many questions. Their general concern was drainage for car washes, previous use as a
garage, storage, the steam cleaning process, stormwater runoff, and wetland delineation lines.
Repetto explained that this is a minor operation.
Judd asked for more details on the plan.
Taylor was concerned about the 50 foot and 100 foot markers.
Judd read the Department Review Summary.
Staley commented on the use. Current use is residential. He was not sure of the historic use. It is a small
building and he does not anticipate issues.
The Board determined after discussion that the business is not a commercial car wash business.
Collum acknowledged it is a small business, near wetlands, including auto sales. Cars are washed frequently
in the lot when they are for sale.
Leven explained there is a by-law for discharges to municipal storm drains. There can be nothing off the site to
the street.
Collum read the letter from James Gallagher, Conservation Administrator (part of the department review)
Leven read her letter included in the department review summary.
She was concerned about general access, egress, landscaping, parking, drainage, and the garage.
There was no public comment.
Staley explained to the Board that storm water is a non-issue. There are no site changes, only that he is
washing cars.
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Hoag was interested in seeing a list of chemicals used in the process.
3 Repetto stated he would be cleaning the interiors inside the garage.
Collum thanked Leven for her letter to the Board. He stated it was a great list and wanted a new plan. He
expressed concern about twelve parking spots and limited access to the other driveway. They discussed
further. Collum reviewed Leven's letter and asked about the number of cars for sale at one time (6).
He asked about the drainage over the pervious lawn area. Should he add a catch basin?
He stated the business looked good for a commercial zone.
deRuyter discussed the washing process with Repetto. He thought that four gallons seemed low for car
washing and wanted to hear more about the process and test.
Repetto stated that he could use steam vapor inside the garage after rinsing off the cars outside.
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In summary, the Board continued to have concerns about drainage, wetland proximity to the south, not using
soap to wash cars, stormwater retention area, water from the roof, no wetland lines, and a building on a
a property line. They discussed a dry well with the applicant.
Klump suggested asking Gallagher to do a soil test and to find current lines. They discussed the land slope.
4 The Board asked for a better plan with contour lines. They want more information including the house/garage
and down spouts. They need to understand the flow from the house and driveway plus the wetland lines.
Hoag wants any runoff to be captured in a dry well.
Judd wants to see storage areas on the plan.
deRuyter wants to see wetland delineation, captured water in a catch basin or dry well and no soap.
3
The Board discussed continuing the meeting with the applicant. Collum noted that if the applicant is not ready
he could request a continuance to another meeting.
3 Taylor suggested the applicant reference the list from Leven.
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Collum made a Motion to continue #2014-13, Site Plan Review, Repetto, to the June 25, 2014 meeting,
Leaning Second, All Aye, Vote 7-0-0.
8:26 pm
1 4) Road Betterment—#2012-26
3 For consideration of the Town to undertake a road repair under the Town's Betterment and Assessment
Program in accordance with Article VIII, Temporary Road Repair, Section 157-20 of Brewster's Code, for the
following roads: South Pond Drive and Captain Fitts Road (Map 88). The purpose of this meeting will be to
re-vote the betterment proposal based on the receipt of bids resulting in an increased cost estimate for the
4 proposed work.
Judd read the road betterment description. Marty Lucenti, Conrad Schultz, and Don Wright were present.
Lucenti explained that the bids are higher than expected. Original $83,100, now low bidder is $117,900.
They re-proxied the neighbors and it is $2,000 an abutter. 13 Of the 18 neighbors signed proxies.
Leven explained that the Board should determine if the work is appropriate and in the best interest of the town.
Since the cost has increased, a vote is required.
.,
Wright reminded the Board that this is well within the Town Meeting vote.
Taylor asked about catch basins, two spillways.
4 Leven stated that they are not required yet to fix those. They are however dealing with stormwater issues.
The Board discussed the cost further and the road betterment process and reviewed the diagram provided by
Lucenti.
Hoag made a Motion that the project proposed Road Betterment#2012-26, with the additional costs is still
appropriate for the Town, Collum Second, All Aye, Vote 7-0-0.
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Topics the Chair did not reasonably anticipate
8:45 pm
1) The Board decided to continue discussing the Route 6A project. (Ref letter from Leven)
Taylor was in favor of a full Board involvement. Collum liked the idea of a subcommittee bringing information to
the Board for further discussion. Hoag agreed with Collum. A subcommittee is a good avenue.
Leaning asked about work session meetings with representatives from other groups and then follow up with
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public hearings.
Collum noted they have had work informal discussions and they do not have to be videotaped. The
discussions can also be during regular meetings.
Judd stated he looks forward to seeing the map that Don Poole is working on. He asked how they should move
forward with zoning.
Leven stated they could review the map and figure it out.
Kiump was in favor of discussing this topic anytime with Chamber involvement.
Hoag noted that the Board of Selectmen have stated that something needs to be done on 6A regarding zoning.
They are looking to the Planning Board.
deRuyter looks forward to seeing a plan.
The Board discussed Don Poole and the mapping process so far.
2) Fall Town Meeting
Leven explained they discussed this topic at the last meeting. She will send an email to the Board.
She noted that the Attorney General's Office is taking issue with a couple of by-laws that passed at Town
Meeting. The public hearing was postponed due to a snowstorm. The process has not been formally
challenged.
Hoag suggested cutoff dates for submission of by-law amendments. He asked if zoning changes should only
be addressed at Fall town meeting like the Board has done in the past.
Judd was interested in setting deadlines.
Leven informed the Board that a storm water draft by-law would be distributed to the Board soon.
Leven suggested that by-laws be ready for Town Counsel by the end of July for mid August review process.
They should add in time for public hearings.
The Board discussed number of meetings required and an end of July deadline. They discussed who has
•[ authority to set deadlines. There is no control over citizen petitions.
Collum was in support of none in the fall and working towards spring town meeting.
Taylor asked about the bakery discussion from 4/30.
Collum liked the idea of a full year to work on a by-law. They could go forward with clean up work on by-laws.
The Board will review the email from Sue and prioritize a list.
Collum made a Motion to adjourn, Leaning Second, All Aye, Vote 7-0. The meeting ended at 9:00 pm.
The next scheduled meeting is 6/11/14 @ 6:30 pm.
Respec ully bmitted,
• eRuyte r'lanning :oar• -
Kelly Moore,Senior Dept.Assistant-Planning
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