HomeMy Public PortalAboutPlanning Board -- 2014-08-13 Minutes Brewster Planning Board
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2198 Main Street
of 144.9 Brewster,Massachusetts 02631-1898
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Approved:9/10/14
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TOWN OF BREWSTER PLANNING BOARD ��-
Regular MEETING MINUTES
Wednesday August 13, 2014 at 6:3o pm
Brewster Town Office Building
Chairman Richard Judd convened the Planning Board meeting at 6:34 pm in the Brewster Town Office Building with members: Scott
Collum, Jason Klump,John Leaning,William Hoag, and Elizabeth Taylor, present.
Absent: Nick deRuyter
Other attendees: Sue Leven, Dan Ojala from Down Cape Engineering,John O'Reilly from JM O'Reilly and Associates, Jennifer Harney
from Brewster Pizza, Chris Dias, Brad Kuhrtz, Robert Cafarelli,James Conrad, Paul Sweetser
Documents:081314_A Brewster Pizza internal layout plan for Unit#24
081314_B Department Review Summary for James Conrad 2014-22
081314_C',Letter of opposition from Audrey Petermann and Letter to neighbors by James Conrad
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
Re-sign a plan—ANR#2014-09, Kenneth&Kristine B.Viprino, 140 Black Duck Cartway, Map 20, Lot 30, RR Zoning District,
Represented by John O'Reilly,JM O'Reilly and Associates.Sign and approve a revised ANR Plan for the 2 lot division. Lot 1 division
into lots 2 and 3, LCP 37924-B, Cert. 166917. No substantive changes to the plan,only details and additional notes. No changes in lot
sizes or configurations.
I John O'Reilly was present representing the Viprinos. Judd read the ANR description. Taylor announced she be recusing
herself. O'Reilly offered a summary.
• Plan has gone through Land Court—They asked for minor changes
• Changes were made to the original Mylar plan
• No changes to the lot configuration, frontage
The Board discussed the minor changes with O'Reilly.
Collum made a Motion to endorse ANR 2014-09, Viprino, Leaning Second, All Aye, Vote 5-0-0
T The Board signed the plans.
Approval Not Required --#2014-25,Allen Family RE Nominee Trust, 1929 Main Street, Map 57, Lot 8(Old Map 17, Lot 31),
RM Zoning District. Seeks endorsement of an Approval Not Required plan to divide off a parcel from a larger lot to be conveyed to
the easterly abutter.
Dan Ojala was present representing the Aliens. Judd read the ANR description. Ojala summarized:
• One of the new lots includes the Brewster Scoop building adjacent to the Brewster Store
• Land Court parcel
4 • Could be back to Board once the plan goes to Land Court for approval
• Both of the proposed lots have 150 feet frontage
Judd stated he has done work on Lot#2 but not currently doing any business there.
Leaning asked if the gravel driveway through Lot#2 would remain open. (Yes)
> Leven noted that the lot is not large enough to meet the minimum lot size for the district, but an ANR just needs adequate
frontage.
Leaning made a Motion to endorse ANR 2014-25, Allen Family RE Trust, Klump Second, All Aye, Vote 6-0-0.
Page 1 of 5
Kelly Moore,Senior Department Assistant,Planning, PB Minutes 8-13-14.docx
Video available at www.brewster-ma.gov-Next Meeting 8/27/14
The Board decided to hear topics the chair did not reasonably anticipate since it was 6:47 pm.
Topics the Chair did not reasonably anticipate
Leven presented a conceptual plan for access and parking on state-owned land located between Linnell Landing and
Crosby Landing beaches. There was a recent article in the Cape Cod Times regarding plans for parking under
consideration by both the State and the Town. In summary:
• There has been a discussion to improve access to beaches
• There has been some push back from abutters
• The parcel of State land in question includes the Cape Rep Theater
• Town representatives have talked to DCR about access to Linnell and other bay beaches, plus parking for Crosby
Mansion events
• There are current parking problems mostly concerning inadequate parking and people parking illegally
• Land under consideration for parking areas used to be tennis and basketball courts and are already disturbed
• 275 spaces—early discussion stage, conceptual plan
• Could be state project or local project. If local project, will come to the Planning Board
• Questions remain—could be a decision before the end of the year to proceed
Leaning noted that it might be a long hike to the eastern beaches and the old tennis courts are far from the beach.
Leven stated the area is already disturbed, the number of spaces would be determined and there is a real need for event
▪ parking at the Crosby Mansion. They discussed the access road from Route 6A.
Leaning remembers a 1987 proposal for a similar idea that failed.
Judd has walked the area.
Klump asked if the beach could support more people. (Yes)
Judd noted extensive foot trails and a nice quiet area.
Collum and Leven discussed the Crosby Mansion property.
• One lot, part of Nickerson, State property, Cape Rep leases a portion of the lot.
• Taylor asked if State owned land would anything come before the Board. (possibly)
Leven will keep the Board informed.
7:00 Public Hearing
Continued from May 14
Modificalon of Site Plan Review Special Permit-#2014-08 Applicant:John Tsiareas,dlb/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.46A, 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.
(Unit#24 Discussion Only)
Judd read the description.
Jennifer Harney was present representing John Tsiareas, Brewster Pizza House. Harney summarized for the Board.
• New layout plan distributed to the Board
• This would allow them to be fully handicap accessible inside and to add a bathroom
• This would allow their dart league to have a safe area to play darts and would remove some bar congestion
• Area is only for dart boards, ledge on wall for drinks, no seats
• Area needs to be visible because of fire exit door in the back
• Harney reviewed the layout—They want to use the unit since they pay for it.
• Could have been used as storage
• Have received inquires for off season function use (youth hockey league dinner) could setup buffet tables in area
• Peels it is a good use of the space and does not affect the neighborhood
Taylor asked about extra seats. Harney was willing to withdraw the request for 20 additional seats in Unit#24.
*90 seats were approved at the last public hearing by the Board.
Klump asked for clarification of the plan. They discussed the entrance and sound proof glass window. They would not be
adding seating but would add a bathroom.
Page 2 of 5
Kelly Moore,Senior Department Assistant,Planning, PB Minutes 8-13-14.docx
Video available at www.brewster-ma.gov-Next Meeting 8/27/14
Collum summarized for the Board:
• 2009 PB approved sports bar area—It was then appealed
• Sports bar opened for business
• New permit in 2013—Neighbors complained about the bar
• Applicant did a lot of work to appease the neighbors— Board approved the terms
• Applicant now back for a third modification to original permit regarding Unit 24 use
• Collum noted he would support the application
Hoag and Leaning discussed the 90 seats, dart room without seating, dart league, current unsafe dart play area, and
inquired about any plans for future expansion. Harney stated there are no plans for future expansion. She informed the
Board they are working with Victor Staley on the actual occupancy load number. The dart league has two seasons a year
for six of seven weeks. Winter and spring.
• Judd confirmed the dart area would be an open area in July and that people could congregate but not sit. There will be no
game tables or a speaker system. Area will not be overflow from bar. Board was comfortable with 90 people even though
there is egress for 100-150 people. Harney was comfortable with fewer than 100. Hoag and Leaning were in favor of a
• condition stating no sound system and 90 people total. The Board voted previously on seats at a public hearing.
Public Comment:
1) Meredith Baier, 2663 Main Street
Baier is opposed to the project for further expansion. Summary of concerns:
• Applicant has been back many times to the Board
• Appealed the original permit
• Worked with the applicant and trusted they were done with changes
• Amplification was altered
• Applicant moved into Unit#24 when they said they would not use. "vestibule only"
• Hard time listening to applicant say they are paying rent for an area they cannot use
• (Leven left the meeting to attend the ZBA meeting next door.)
(Judd noted that the decision/conditions went through an appeal period and there was no appeal, applicant has the right
to come back to the Board)
• Baier reminded the Board that the use for Unit#24 is not legitimate because it was two years and four months ago that it
was abandoned. She stated that the applicant needs a special permit because they no longer have pre-existing non
conforming use. She read from 179-30 abandonment. Baier stated that Staley told her the applicant would need a special
• permit for anything other than the vestibule. Baier and the Board discussed what an actively marketed property is.
Klump reed Staley's letter from the Department Review Summary previously read at the last public hearing. Staley stated
in the letter that the applicant is properly in front of the Planning Board.
Leven rejpined the Planning Board meeting. Judd asked if the applicant is properly in front of the Planning Board.
Leven explained that Staley would have flagged the application earlier in the process. If Baier does not agree, she has
other avenues.
Baier expressed concern about the unit being advertised. She also expressed concern that the applicant does not meet
ADA regi,irements and should have met requirements by 7-1-14. She referenced 521 CMR.
Judd reminded Baier that the Board is here to review Unit#24.
Harney stated they are compliant.
Baier stated that if this permit goes through, she and other neighbors are against it. She asked for a condition that the
back door of Unit#24 be closed at all times and no equipment or deliveries behind Unit#24 like Unit#26. (Back alley)
Leaning had no objection to the door being shut but stated it could not be blocked, as it is an emergency exit.
Leaning made a Motion to close the public hearing, Hoag Second, All Aye, Vote 6-0-0.
Leaning Made a Motion to withdraw the request for the additional 20 seats, Taylor Second, All Aye, Vote 6-0-0.
Page 3 of 5
Kelly Moore,Senior Department Assistant,Planning, PB Minutes 8-13-14.docx
Video available at www.brewster-ma.gov-Next Meeting 8/27/14
The Board discussed conditions.
• No sound system
• Back door shut in Unit#24, emergency only, no deliveries
• 90-99 occupancy load, (90 seats)
• No seating in Unit#24
Collum made a Motion to approve#2014-08, Modification of an approved special permit, John Tsiareas, d/b/a Brewster
Pizza, to allow use of Unit#24 for an open dart area, per conditions listed, with a review of the draft decision on 8/27/14,
Leaning Second, All Aye, Vote 6-0-0.
Conditions: No sound system, back door shut Unit#24—emergency only, no deliveries out back or equipment, 90-99
occupancy load*-90 seats total, No seating in Unit#24, new handicap ramp/access.
*determined by the building commissioner
Continued from May 28 and July 9
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.
Chris Dia$, Paul Sweetser, Brad Kuhrtz, Robert Cafarelli were present.
Cafarelli(civil engineer) reviewed updated plans and drainage with the Board. This included the parking, access, room for
septic system (not designed yet) and landscaping (no buffering planned).
After a review of the plans, the Board had the following comments:
Collum asked if the twenty-foot road is acceptable. (It is.)
He asked about the curb cut from Freeman's Way (close to 90 degrees—large radius)
Eventually there may be fencing. Collum was supportive of natural buffering.
Hoag staled the plans look good.
Leaning asked about the driveway and the screening. The business will not be visible from the road.
Taylor asked if the property was formerly a boat yard and in a Zone II. (Yes to both)
The applicant is working on a 21 E. They discussed inheriting DEP issues. The applicant has an attorney involved. There
are no State site conditions.
There is to proposed lighting or stonecutting planned for the project. The hours will be 7am to 5pm. They discussed pull
out areas,from the driveway. Most agreed that the twenty feet would be appropriate.
There was no public comment.
Collum made a Motion to close the public hearing, Klump Second, All Aye, Vote 6-0-0.
Klump made a Motion to approve#2014-12, Christopher Dias, 1399 Freeman's Way, Site Plan Review Special Permit,
Collum Second, All Aye, Vote 6-0-0.
Site Plan Review Special Permit-#2014-22 Applicant:James Conrad, Map 52, Lot 55(formerly Map 40, Lot 2-83)692
Great Fiends Road,in the RM Zoning District.The applicant is requesting a Site Plan Review Special Permit pursuant to
Massachusetts General Law's c.40A, Sections 9 and 11 and the Town of Brewster Zoning By-Law,Article X, Section 179-51 and
1 Article XII Section 179-66 to convert an existing accessory structure to an Art Gallery for the creation of handcrafted furniture.
James Conrad was present. Judd read the description.
Conrad provided a brief summary of the business. He produces hand crafted furniture. He sent a letter to all his abutters
and did not hear from anyone. The Board received one letter opposed to the project.
The Board discussed that the use is permitted and Staley's department review comments.
Leaning sympathized with the concerned neighbor.
Collum encouraged the site plan review process vs. the waiver of site plan review process. He supported the art form but
had some concerns about use of power tools outside and how that may affect the neighbors. He suggested use of tools
that produce noise be limited to 7am to 7pm, Monday through Saturday.
Page 4 of 5
Kelly Moore,Senior Department Assistant,Planning, PB Minutes 8-13-14.docx
Video Mailable at www.brewster-ma.gov-Next Meeting 8/27/14
Klump liked Conrad's letter to the neighbors. He reminded the Board that the abutter who contacted the Board was
concerned about signs and parking, not noise.
Conrad ecplained the attorney suggested he add four parking spaces(not paved)and the sign is not ready yet. He is
allowed twelve square feet but would consider making a smaller sign.
Taylor noted that essentially this is a home occupation and with a home occupation, conditions would not apply.
Judd asked about upholstering furniture. Conrad stated that this is not done regularly. Painting and staining is done
occasionally. There is no plumbing in the barn. Rags are stored in a metal container. Conrad works outside with tools 5%
of the time.
Leaning read the department review summary.
o- Klump read the letter of opposition received from Audrey Petermann of 674 Great Fields Road. She expressed concern
about traffic and parking. Klump read the letter that Conrad sent to the neighbors.
There was no public comment.
Hoag suggested they condition the sign to be four square feet, which is the size allowed for a home occupation.
Collum mode a Motion to close the public hearing, Leaning Second, All Aye, Vote 6-0-0.
The Board discussed conditions. Below is summary of suggestions and concerns.*denotes agreed condition
• Use of power tools outside 8am to 5pm? 9am to 5pm? Most equipment used is stationary inside the barn.
• Barn doors shut
• *Sign to be four square feet
• discussed possible noise issues with neighbors
• 1oam to 2pm? Five days a week?
• *10am to 5pm? Monday through Friday? (outside work with sound producing machinery)
• *No additional pavement for parking —gravel only
• Fine line between an art gallery and a workshop
• Dust collection process inside of barn—exists
• If home occupation, would not be in front of the Board
• No neighbors responded to the letter
• 10 students allowed in an art gallery
• Gallery open by invitation only so not frequently
• *10am to 10pm Monday through Sunday for gallery hours
• No additional lighting proposed
• *Portable fire extinguishers at each exit(from Fire Dept. comments)
• *Review permit in one year, August 2015 relative to noise
Collum made a Motion to approve 2014-22, James Conrad, 692 Great Fields Road, Site Plan Review Special Permit with
conditions noted in the decision, and review of decision document 8/27/14, Leaning Second, All Aye, Vote 6-0-0.
Next Planning Bo:rd Meeting Date: 8/27/14
Leaning made a . otion to adjourn, Klump Second, All Aye, Vote 6-0-0. The meeting ended at 9:05 pm.
Respec % ly s • itted,
N deRuyter, Planning Board
k
APage 5 of 5
Kelly Moore,Senior Department Assistant,Planning, PB Minutes 8-13-14.docx
Video available at www.brewster-ma.gov-Next Meeting 8/27/14