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Home My Public Portal AboutPlanning Board -- 2014-07-09 Minutes i Brewster Planning Board 2198 Main Street 04:i Brewster, Massachusetts 02631-1898 04. '�' (508) 896-3701 ext. 1233 c s ' a brewplan @town.brewster.ma.us 4 ari Approved: 8/27/14 Vote: 6-0-0 TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday July 9, 2014 at 6:30 pm Brewster Town Office Building Chairman Richard Judd convened the Planning Board meeting at 6:33 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, Duane Landreth, Esq., James Rylander, Andrew Singer, Esq., David Kelly Documents: 070914_A Letter from Brad Kuhrtz for Chris Dias requesting a continuance to 8/13/14 070914_B Letter from Town Counsel regarding Waiver of Site Plan Review The Chairman read the 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 pin Planning Discussion 1) Waiver Site Plan Review, #2014-21, Coridian Associates, LLC—0 Harwich Road, Route 124, Map 63, Lot 2, RM Zone, to reduce and reconfigure the size and shape of the M.P. Renaissance building and site layout Andrew Singer, Esq. and David Kelly of Kelly Engineering Group were present and summarized the request for the Board. • Submitted revised plans • No change in size, scope or use • No modification of granted relief • No impact on conditions and findings • Send notices to 11 abutters on 6/25/14 • No affect on CCC conditions • Substituting plans only, 132 units total • Slight reduction in waste water flow • No change in affordable units • Parking shifting slightly • 179-66, no impacts D. Kelly reviewed a large plan with the Board. The reason for the change is as the project moved forward internal changes are made. The parking lot will be approximately 20 feet further from Sweetwater Forest access road. They will have a covered entry for a drop off area. Proposed changes will result in a reduction of approximately 10,000 square feet of pavement. There is no change in the size of the storm water system or the wastewater generation. The grades and building height are the same. Board Comments: QLJ4) Page 1 of 5 PB Minutes 7-9-14.docx Leaning asked for clarification of the covered drop-off and handicap parking (no change). Leaning was pleased to see they have pulled away from some of the homes. (Indicated on the lower right hand portion of the plan) Hoag, Collum, deRuyter, and Klump had no comment. Taylor asked about companion suites in the memory care center. They are for residents, not guests. Judd asked about the lighting at the portico. Same lighting and type as the original awning. Leven had no comment Public Comment: Duane Landreth, Esq. represents the Rylander family who own Sweetwater Forest Campground. Landreth commented on the following: • Driveway further away than previously? Actually, the proposed parking not the driveway is further away. (Kelly) • Noted waiver 179-67A, can only be used to waive Site Plan Review special permit • RM zone, approved permit • Modification to a project • Read decision pg. 7 of 8—Also distributed copies of case law and a definition of modification. The decision has a stipulation that any modification must come back to the Board for a modification with a public hearing • Shared copies of Barlow vs. PB of Wayland, Bobrowski and Huntington... • Modification —Change to something, alteration (Black's Law Dictionary definition) • This is a modification of a special permit and the Board should have an application for modification and public hearing • Had issue with receipt of letter/notification • Law requires another review of the project • Rylander did not appeal the special permit • Was in favor of the Board getting an opinion from Town Counsel, appropriate way to proceed No letters or emails were received from the public. Andrew Singer, Esq. • Noted ownersip of easement regarding the driveway • No requirement for 30 days notice, letter sent two weeks ago • Requirement for public hearing is a stipulation • Plan change not a modification • Reference the decision —boiler plate paragraph in question • Use SP— No modification of substantive aspects of use • Bobrowski does discuss modifications of special permits (clerical errors, change conditions) • Plan change request is covered under the Waiver by-law Hoag asked Leven for an opinion. Leven stated that she discussed the applicant's desire to reconfigure the plan with Landreth on 6/25. The applicant has a right to ask for a waiver. The Board should change the paragraph in the decision boilerplate to include the waiver process. Leaning had a legal concern and asked for an opinion from Town Counsel. Collum is uncomfortable with waivers in general. He thought the plan change was a great idea. Taylor also requested an opinion from Town Counsel. She did not have a problem with the waiver. deRuyter asked for an official definition of modification. There is no definition in zoning. Klump was appreciative of the submission of case law. He asked for an opinion from Town Counsel. Page 2 of 5 PB Minutes 7-9-14.docx Leven and the Board discussed a timeframe for a new application and an opinion from Town Counsel. Hoag asked if a public hearing were required would the applicant go forward with the original plans. Singer had no comment and Kelly stated it was a logical choice. Kelly noted that a restrictive timeline for construction is a challenge for the applicant. They want to start after Labor Day. The Board continued to discuss timeframes and what if scenarios. Judd was in favor of requesting an opinion from Town Counsel. Question for Town Counsel Is a change to a previous special permit application appropriately before the Board as 179-67A Waiver of Site Plan Review Special Permit or should it be heard as a Modification to a Site Plan Review Special Permit with a public hearing? Leven will ask Town Counsel to reply by 7/14. Collum made the Motion, Hoag Second, All Aye, Vote 7-0-0. Singer requested the discussion be continued to 7/23/14. Collum made a Motion to continue the discussion re: Waiver Site Plan Review, #2014-21 to 7/23/14, Hoag Second, All Aye, Vote 7-0-0. The Board decided to review the minutes of 6/11/14 before discussing the draft by-law 3) Approval of meeting minutes from 6/11/14 Leaning made a Motion to approve the minutes of 6/11/14 as written, Klump Second, All Aye, Vote 7-0-0. 7:22 pm 7:00 pm Public Hearing Continued from May 28, 2014 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. The Chair read the description and the Vice Chair read a letter requesting a continuance from Brad Kuhrtz who is the representative. Kuhrtz asked to continue to the 8/13/14 meeting. Taylor made a Motion to continue#2014-12, Christopher Dias, 1399 Freeman's Way, Map 131, Lot 7 to the 8/13/14 meeting, Leaning Second, All Aye, Vote 7-0-0. 2) Discussion of Draft Storm water By-law, Regulations and Code Amendments Judd met with Leven and discussed the by-law and the process of reviewing the information with the Board. Leven asked the Board for comments and if they require additional information from Mark Nelson of HWG. Board Comments: • Klump asked about differences between how Conservation Commission and the Planning Board will handle applications. Leven explained there is a current discussion regarding how this will work between the two boards. She added that it is probably going to be part of Site Plan Review. Leven noted that there has been discussion about Single Family Homes. She shared a few examples. • Leaning expressed concern about private roads and road maintenance. He would like to see the Board come up with suggestions to minimize problems on dirt roads earlier than later. • Collum read from that portion of the draft by-law. He noted that mowing a lawn is disturbing 500 square feet. Why is the Planning Board doing this? Page 3 of 5 PB Minutes 7-9-14.docx • Hoag asked how much more restrictive is this by-law than the new MA State Law. Leven noted not at all. • The Board noted that public education was an important task (esp. for dirt roads) • Can someone besides the PB present this by-law at town meeting? This is not a zoning by-law. • Leaning— Board should be proactive and help the Town avoid problems • deRuyter—Can the Town do its own piece and reference the Federal Law • Hoag —See what passes first. He does not see the need for a by-law until the Federal law passes • Leaning —Should not wait to act, but should wait to regulate Leven explained that the Board proposed an illicit discharge by-law, which was not a zoning issue. The intent is to have the Board be involved in the formation of the by-law. There may be other options for presenting at town meeting. Leven asked the Board to think about the impacts of not complying now on the ponds, beaches and the ocean. Take storm water action earlier. What do we want people to do now? Education is a first step. We are doing that now Hoag was in favor of putting together information for people but not a by-law yet. Leven, Hoag, and Klump discussed further. Leaning did not agree with Hoag. Public education is a major step. Sewers in certain areas. Public hearings with CWPC, ConsCom, Planning, etc. Hoag asked if this was a regional issue. Collum suggested they keep reviewing it Taylor explained that the CWPC has done a lot of work reviewing the documents. Education is being done through the CWPC. How should the Board proceed? Leven will share comments and questions with Mark Nelson of HWG. Judd asked about need for more staffing and certification requirements. How is this managed in other towns? He expressed concern about high concern roads vs. low concern roads >Runoff to pond >No runoff to ponds He also expressed concern about the costs. Leven stated it is important to understand the overall benefits. She announced that the Pond Coalition will be at Conservation Day 7/12 and shared an example from Harwich. *Leven noted that some of the pond associations have facebook pages and videos about storm water. Topics the Chair did not reasonably anticipate 1) Town Counsel Letter re: Site Plan Review Waivers The Board reviews the process and the submitted materials. The applicant has the right to ask for a waiver and provide explanation in their application. The Board approves what they receive. The Board cannot ask for conditions that the applicant does not offer in their application. 2)Article 30& 31, Memo from Colette Williams, Town Clerk VB to CH in East Brewster and Museum Use are under review by the attorney general's office. Nine appeals have been received to date regarding the VB to CH in East Brewster. Leven will send the letter received to the Board. There was an interruption of the process. Town Counsel is talking to the Attorney General. More information will follow. 3)Why was the Sign by-law text in the newspaper? It has to be published by the Town Clerk once the article is approved by town meeting. Page 4 of 5 PB Minutes 7-9-14.docx Leaning made a Motion to adjourn, Collum Second, All Aye, Vote 7-0-0. The meeting ended at 8:15 pm. The next scheduled meeting is 7/23/14 @ 6:30 pm. Respectfully mitted, A „Nip Nick deRuyter, Planning Board Clerk Kelly Moore,Senior Dept.Assistant-Planning Page 5 of 5 PB Minutes 7-9-14.docx