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Approved:8/27/14
Vote:6-o-0
TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
Wednesday July 23, 2014 at 6:3o 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: Scott Collum, Nick deRuyter, Jason Klump, John Leaning, William Hoag, and Elizabeth Taylor, present.
Other attendees: Sue Leven, Andrew Singer Esq., Jennifer Harney, Michelle Freiner—Brewster Pizza. Meredith Baier
Brian Tanzer, Gretchen Romey Tanzer, John Mostyn, Esq., Tom Devane—Ocean Edge
Documents: 72314_A Email from Victor Staley 6/9/14 re: 2623 Main Street, 072314_B Dept. Review Gretchen Romey-
{ Tanzer, 072314_C plans for informal discussion/Ocean Edge, 072314_D Continuance form from Richard Repetto
The Chair 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 pm Planning Discussion
1) Update re: Waiver of 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. was present representing the applicant. He explained that Town Counsel had determined that the
Waiver of Site Plan Review was not appropriate so he has filed a Modification to the Special Permit based on 1) modifying
the project and 2) c. Stipulation of Special Permit wording change. He will be back on 8/27/14 for a public hearing. He
asked to withdraw the Waiver application. Leaning made a Motion to withdraw the Waiver of Site Plan Review application
for Coridian Associates, LLC#2014-21, Collum Second, All Aye, Vote 7-0-0.
There was a brief discussion regarding the new application.
2) Brewster Pizza#2013-12, Special Permit Modification, Review Condition#9
The Board had a discussion about Condition#9 with Jennifer Harney, Michelle Freiner, of Brewster Pizza and abutter
Meredith Baler of 2663 Main Street. Leven acknowledged they have received an email from a neighbor regarding the
noise after the Tuesday/Thursday Karaoke. The Police have received one complaint since Memorial Day weekend.
Judd read Condition#9 from the permit and reminded all they would be staying on task with this discussion. Harney
informed the Board that they are following the conditions.
• They have three employees working outside
• The windows have been replaced with soundproof glass
• Staff has been trained and things are going well
• Harney and Freiner have participated in sound observations on both sides of the property
• They patrol the parking lot frequently
Board Comments:
Taylor requested to hear comment from the abutter and questioned if they would allow use of amplification.
Judd read Condition#9 and reminded the Board this is the focus of the discussion.
Public Comment:
Meredith Baier, 2663 Main Street, had the following concerns:
• Complaint email/letter came from Mark Devin. Tuesday night at midnight, karaoke was very loud
• Amplification comes through the building, has observed on Seaway Road the last few Tuesdays, can hear music
Page 1 of 4
Kelly Moore,Senior Department Assistant,Planning, PB Minutes 7-23-14.docx
Video available at www.brewster-ma.gov-Next Meeting 8/6/14 and 8/13/14
although the door is usually closed
• She hears a loud bass at her home which is behind Foster Square
• She asked the Board if anyone had gone to Brewster Pizza at 10:30— 11:30 pm Tues./Thurs.
• She told the Board they don't have the facts
*Hoag went around 9:30 pm and did not hear noise
• Baier noted that karaoke should be 7:00— 10:00 pm, not midnight
• She stated the Board is being unfair and is favoring the business. She told the Board they are not paying attention
to the neighbors interests.
Leaning stated Baier had a valid point and he will visit after 10:00 pm.
Collum has not been there in the late evening.
deRuyter asked if Condition#9 has been met. He stated it seems that it has.
Hoag noted that the police have only received one complaint. He was not in support of changing the amplification
condition.
Taylor suggested the Board make another visit and that the karaoke be 7:30— 10:00 pm.
Leven reminded the Board that they voted a condition for never after midnight.
Harney explained that the volume is turned down at 11:00 pm.
There was a brief discussion regarding the complaint from Devin and the time the police arrived. Judd asked for the
email/letter to be resent to the Board.
Hoag suggested that the applicant come back in September so that Board members could have a chance to visit Brewster
Pizza unannounced and observe.
Harney stated that this issue is not pertaining to the entertainment license and that it could be addressed in a neighborly
fashion. She explained that the business has taken significant measures to please the neighbors. They might add a panel
to the fence near Seaway. They would prefer that the neighbors come directly to them instead of the Police and the
Board. She added they have crowd employees seven days a week, not just Tues./Thurs.
Leven noted that there is a lot of traffic and noise from the Cumberland Farms side which is open until Midnight.
Judd suggested a date in September to continue the discussion.
Klump questioned standards for the visit. The Board discussed further and agreed to go and report back what they hear or
do not hear at Brewster Pizza after 10:30 pm. Collum summarized the recent activity for all.
• Court required a new special permit
• Board issued a new permit with conditions
• Modification of special permit was approved
• Last permit included a review of condition#9 at 7/23/14 meeting
• Now reviewing the permit again—two sides to a story
• Agreed to visit on a Tues. or Thurs.
Taylor asked about a public hearing on 9/24/14.
Leven reminded the Board that they may not make modifications to the special permit because there is no modification to
special permit application from the applicant. The Board may make a recommendation to the Board of Selectmen
regarding a change to the entertainment license. Judd acknowledged that sound is subjective and Tues. and Thurs. would
be the best nights to visit. There will be another discussion on 9/24/14.
deRuyter made a Motion to continue the discussion of condition#9 to 9/24/14, Klump Second, 6 Aye, Leaning abstains,
Vote 6-0-1
Leven and Taylor discussed the process further. (PB permits vs. BOS entertainment license)
It was determined that the entertainment license is the ultimate authority.
7:00 Public Hearing
Continued from 5/28 and 6/25
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
Page 2 of 4
Kelly Moore,Senior Department Assistant,Planning, PB Minutes 7-23-14.docx
Video available at www.brewster-ma.gov-Next Meeting 8/6/14 and 8/13/14
179-51 and Article XII Section 179-66 to use existing property and buildings for auto sales and an auto detail repair
shop.
The Board received a continuance request form from Mr. Repetto. He is working with an engineer and requires additional
time. Taylor made a Motion to continue#2014-13, Repetto, Site Plan Review to the 9/24/14 meeting, Second, All Aye,
Vote 7-0-0.
Site Plan Review Special Permit-#2014-18 Applicant: Gretchen Romey-Tanzer,2623 Main Street, Map 89 Lot 15
(Old Map 15, Lot 106)in the RM 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 operate an Art Gallery composed of a weaving studio and a showroom.
Judd read the legal description. Brian Tanzer and Gretchen Romey Tanzer were present. They own the property. Tanzer
is a hand weaver and intends to use the property as an art gallery/showroom.
Board Comments:
Klump referenced Staley's letter about non-conforming use and asked if they understood the change of use and possible
implications of this for future marketing of the property. Leven provided further clarification. In general the Board thought
the use was suitable.
Judd asked about classes.
Tanzer explained she has 8 small looms and would have not more than eight or ten students.
They discussed the parking area and improvements made to the area. They removed grass and added trench to avoid
pooling of water. The area can accommodate ten to twelve cars.
Judd asked about hours of operation.
Generally they will be 10—5 pm. Some weekends.
There was no public comment.
Klump read Staley's email from 6/9/14. deRuyter read the Department Review Summary updated 7/15/14.
Taylor asked about outside lighting. The lighting is on the building and they are not adding lights. The sign won't be lit.
Taylor reminded Tanzer that no light can leave the property and suggested she delineate parking spaces.
Leven informed the Board that the State would be doing re-surfacing work on Route 6A.
Taylor and Tanzer discussed removal of trees and landscaping.
Judd asked if the property includes three lots. (yes)
Leaning made a Motion to close the public hearing, Collum Second, All Aye, Vote 7-0-0.
The Board did not include conditions.
Leaning made a Motion to approve#2014-18, Gretchen Romey Tanzer, 2623 Main Street, Site Plan Review Special
Permit, Klump Second, All Aye, Vote 7-0-0.
• 3)Approval of minutes from 6/25/14
Leaning made a Motion to approve the minutes of 6/25/14 as written, deRuyter Second, All Aye, Vote 7-0-0.
Informal Discussion, Ocean Edge Resort and Conference Center
• Tom Devane and John Mostyn, Esq. of Corcoran Jennison were present.
Mostyn and Devane presented an informal update with plans for a new building and parking with the Board. The plans
discussed included 1)existing conditions, 2) Site plan, and 3) the proposed new building. The following information was
shared with the Board.
• 34 new guest rooms
• Additional parking
• Met informally with the Cape Cod Commission and the Historic District Committee
o HDC wants Ocean Edge to retain the Nickerson House
• 11,000 square foot building (3 floors), 1st floor—restaurant and bar, 2nd floor—34 guest rooms, basement—spa
and kitchen.
• 3,400 square foot barn
• New parking = 170 spaces
• Wastewater—expanding existing system
• No new curb cuts
Page 3 of 4
Kelly Moore,Senior Department Assistant,Planning, PB Minutes 7-23-14.docx
Video available at www.brewster-ma.gov-Next Meeting 8/6/14 and 8/13/14
• Minimum burden on municipal services
• Hidden from Route 6A
• Significant contribution to tax revenue
Board Comments:,
Leven asked them to include grass-parking numbers when referring to total number of parking spaces they will be losing.
Net gain is not as large.
Leaning asked about screening for Ellis Landing Road.
Area will be fully screened. They showed photos of proposed building style. It will probably have a stucco finish
but is TBD.
Collum noted it looks nice. He was pleased to see the building placed far away from the neighbors.
Judd asked about noise.
Mostyn noted it would be covered in the special permit process. Detailed lighting information will be coming.
Leven explained to the Board that this is a mandatory referral to the Cape Cod Commission.
Leaning asked who determined the limited construction hours with a previous large-scale project.
Leven noted that the applicant offered limited construction hours to appease an abutter.
Klump asked about the increase in additional guest rooms. 34 rooms noted. (He noted it was 30 previously)
Hoag asked about the zoning in reference to the parking lot.
Mostyn explained it falls under recreational use in a RM zoning district. Parking is for support of the club, which
includes fitness, tennis, swimming, and beach. This is allowed by special permit in a RM zoning district.
Leven added it is an accessory to a recreational use, no variance required.
The Board discussed this topic further and referenced the use table.
Taylor expressed concern about noise, lights, and a buffer for the neighbors. She requested an evergreen buffer.
Mostyn stated they would do screening and buffering is important. There will be down shine lighting on ground
level.
Leaning asked about the building height. (30 feet) `Landscape plan will address buffers and views.
Hoag inquired about the conservation land behind the Nickerson house.
Devane told the Board they met with the CCC on 7/2/14. A pre-application will be in late August, early
September. Final application will be sometime in the early fall.
The Board discussed the target date, which depends on the CCC. They could be back to the Planning Board in the fall of
2015.
Topics the Chair did not reasonably anticipate
1) Planning Office received an ANR application today. The 21st days is 8/13/14. Some are uncomfortable with the tight
deadline for review especially if The Board has questions or lacks a quorum. The Board decided to meet 8/6 for a brief
meeting to address the ANR. The meeting will start at 6:30 pm.
2) Leven received an email from Town Counsel regarding the by-law amendments under question from spring town
meeting. It looks like the Museum Use will pass but the East Brewster zoning article will most likely be denied. Leven will
find out if the Board can take the article to town meeting in the fall.
3) Leaning asked why the recent Town Counsel opinion came from David Reid. Leven explained that Sarah Turano
Flores had a conflict of interest since the firm represented Pleasant Bay Nursing Home who was opposed to the MP
Renaissance project. They discussed the opinion briefly.
4) Klump asked about the Historical Society Museum going to the ZBA for two permits. Leven explained that they have
the right to go to either Board but have submitted two ZBA applications. They will come to the Planning Board for Site
Plan Review.
5) Judd asked the Board to send any questions regarding the storm water draft by-law to Leven. Mark Nelson of HWG is
coming to the Plan/ ng Board 8/13/14. Leven will invite Staley and the CWPC members.
Leaning m- ,e a 'r,tion to adjourn, Klump Second, All Aye, Vote 7-0-0. The meeting ended at 8:05 pm.
Respectf,,, s-• itted,
•
Nick deRuyter, Planning Board Clerk
Page 4 of 4
Kelly Moore,Senior Department A s ant,Planning, PB Minutes 7-23-14.docx
''? Video available at www.brewster-ma.gov-Next Meeting 8/6/14 and 8/13/14