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Home My Public Portal AboutPlanning Board -- 2014-06-25 Minutes I In Brewster Planning Board 2198 Main Street 0�ewer Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 1233 _ '�', >>€ '_ 1a1 brewplan@town.brewster.ma.us o _ Mgr — �� Approved: 7/23/14 Vote 7-0-0 TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday June 25, 2014 at 6:30 pm Brewster Town Office Building Chairman Richard Judd convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members: William Hoag, Jason Klump, Scott Collum, John Leaning, Nick deRuyter, and Elizabeth Taylor present. Other attendees: Sue Leven, Mark Nelson from Horsley Witten Group, Jim and Corrine Trabulsie, Duane Landreth, Esq., James Conrad, Pat Hughes Documents: 062514_A PowerPoint presentation from Mark Nelson, HWG 062514_B Letter from Richard Repetto The Chairman read the Recording or Taping Notification: "As required by the Open Meeting Law we are informing you that the Town will be videotaping 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 pOin Planning Discussion Judd asked Hoag to read the Site Plan Review Waiver statement from Chapter 179. 1) Waiver Site Plan Review, #2014-19, Corinne Trabulsie, 1531 Main Street, Map 48, Lot 67, RM Zone Antique shop in barn. Judd read the description and asked Jim Trabulsie about the total square footage of use in the barn. Trabulsie stated that they would like to use half of the first floor of the barn for an antique shop. The barn was formerly an antique shop. The Board discussed the previous use, total size, whether a variance may be required, parking, and hours of operation. Taylor made a Motion to accept the request for Waiver of Site Plan Review, Collum Second, All Aye, Vote 7- 0-0. 2) Waiver Site Plan Review, #2014-20, James Conrad, 692 Great Fields Road, Map 52, Lot 55, RM Zone Change of use in an existing building to an Art Gallery Judd read the description. James Conrad and Duane Landreth, Esquire were present. Conrad explained he is a furniture maker and brought an example of his work to show the Board. His building exceeds 400 square feet under the home occupation by-law. He will not operate regular business hours. The structure is insulated and was previously used for show dogs. Collum expressed concern about granting a waiver since there is no abutter notification with a waiver and the waiver limits the Board to how the property is actually used. He expressed concern about the size of the projects and requested a full site plan review. He also asked about traffic. Page 1 of 3 PB Minutes 6-25-14.docx Kelly Moore,Senior Department Assistant,Planning Video available at www.brewster-ma.gov Hoag had no comment. Klump asked for clarification of the plans especially regarding the parking. He agreed with Collum and requested a full site plan review. Leaning expressed concern about setting a legal precedent. Leven reminded the Board that the use is in the same line of the use table as the previous applicant. The previous waiver was granted by the Board. The Board discussed deliveries, hours of operation, use of power tools vs. hand tools, nothing vented to outside, possible noise, nearest neighbor, and location of a business in a neighborhood. Landreth suggested that the Board come up with conditions that the applicant suggests and include a review in one year. Conrad is currently in front of the Board with a variance application. The variance application has been continued to September. Klump asked if they waive site plan review could they ask for site plan review. Landreth reminded the Board that the applicant could agree to the conditions. Leven stated that the waiver is the opportunity to provide reason why he or she does not need a site plan review. They discussed asking Conrad to return with support from his neighbors. Leaning was willing to try a review period. Judd was concerned they would be setting precedent and noted the use is a permitted use. Collum asked if the Board could revoke a waiver. He also agreed that Landreth's suggestion was a good idea. Leven added that once the waiver is granted it becomes a personal issue. Neighbor vs. neighbor. It is a permitted use and full site plan review exists to set parameters. Conrad was concerned about the potential cost of the full site plan review. Klump noted that the applicant could ask the Board of Selectmen for a waiver of fees. Hoag asked for opinion from Town Counsel Landreth requested a no vote for the waiver of site plan review. He noted he did not see enough support. The applicant will come back to the Board for Site Plan Review. The Board will continue the discussion of waivers until the end of the meeting. 3) Brief Overview - Draft Storm water By-law, Regulations and Zoning Changes with Mark Nelson, Horsley Witten Group Mark Nelson of Horsley Witten Group provided a PowerPoint presentation to the Board. Leven noted this would go to fall or spring town meeting. The regulations would be reviewed after town meeting. Nelson summarized. The by-law helps manage water quality, ponds, coastal areas with septic regulations, fertilizer use, and storm water. It also will comply with federal law. The Board discussed the following topics with Nelson: • Permits • Enforcement by (building commissioner) • Sign off from Building Inspector for small projects • General by-law, no grandfathering • By-laws in other Cape towns • Protects both fresh and salt water *A longer more detailed work session(s) will follow. At the end of the presentation, they discussed private road repairs. How would they meet standards with dirt roads? Page 2 of 3 PB Minutes 6-25-14.docx Kelly Moore,Senior Department Assistant,Planning Video available at www.brewster-ma.gov 7:00 pm Public Hearing Continued from May 28, 2014 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 a letter requesting a continuance from Repetto. He asked to continue to the 7/23/14 meeting. Leaning made a Motion to continue#2014-13, Richard Repetto, 195 Underpass Road, Map 77, Lot 32 to the 7/23/14 meeting, Collum Second, All Aye, Vote 7-0-0. Planning Discussion cont. 4) Abutter notification discussion and review Leven discussed the current method of calculating abutters by the Assessor's office. The Board had a copy of a memo sent by Board staff in 2009 asking for inclusion of additional abutters. Leven provided an example for a current applicant and included the cost difference, which was significant. The current calculation is different from what is required by Chapter 40A, Section 11. Both Leaning and Hoag agreed the current requirement was excessive. They suggested following Chapter 40A and sticking to the State law. deRuyter made a Motion to rescind the 2009 memo and to follow the state regulations, Leaning Second, All Aye, Vote 7-0-0. Leven will draft a letter and Judd will sign it for the Assessor's office. 5) Approval of meeting minutes from 5/28/14 Leaning made a Motion to approve the minutes of 5/28/14 as written, Hoag Second, All Aye, Vote 7-0-0. Topics the Chair did not reasonably anticipate 1) The Board continued their previous discussion regarding granting waivers. They discussed changing the by- law to include waivers with conditions. Taylor suggested doing something similar to an administrative review in Conservation. Could they have two types of waivers? They also discussed the need for new survey work and if boundaries were established then the cost would be minimal for a small operation. They discussed the submitted materials for a waiver of site plan review. Leaning made a Motion to ask Town Counsel for an opinion regarding waivers, Hoag Second, All Aye Vote 7-0-0. 2) Collum asked to discuss fees soon. It will be an agenda item on 8/13 or 8/27. 3) Leven asked the Board to review the draft storm water by-law information. It will be discussed by the Board on 7/9 under planning discussion. Leaning made a Motion to adjourn, Collum Second, All Aye, Vote 7-0-0. The meeting ended at 8:15 pm. The next s heduled meeting is 7/9/14 @ 6:30 pm. Respec 6Ily A i ed, Nick deRuyter, Planning Board Clerk Kelly Moore,Senior Dept.Assistant-Planning _� .WCr Page 3 of 3 PB Minutes 6-25-14.docx Kelly Moore,Senior Department Assistant,Planning Video available at www.brewster-ma.gov