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Home My Public Portal AboutPlanning Board -- 2014-09-10 MinutesPLUM u e *ewer 0 's> o �+ r = a o' "�miminmm Approved:lo /8/14 Vote: 5 -0 -0 Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631 -1898 (508) 896 -3701 ext. 1233 FAX (5o8) 896 -8089 TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday September 10, 2014 at 6:30 pm Brewster Town Office Building Chairman Judd convened the Planning Board meeting at 6:34 pm in the Brewster Town Office Building with members: Scott Collum, Nick deRuyter, John Leaning, William Hoag, Jason Klump (6:50 pm) and Elizabeth Taylor, present. Other attendees: Sue Leven, Dan Ojala from Down Cape Engineering, Mark Nelson from Horsley Witten Group (HWG), Peter Soule, Louise Vavona- Miller, Pat Hughes Documents: 091014_A Fee summary sheet from Leven The Chair read the Recording 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 pm Planning Discussion ANR #2014 -27, Donald and Gail Smithson, 620 Tubman Road, Map 65, Lot 54, RM Zoning District, Represented by Dan Ojala of Down Cape Engineering, The purpose of the ANR is to create 2 parcels in the rear for conveyancing, remainder of lot is a buildable lot, others currently lack frontage, noted on plan ANR #2 with straight "panhandle" ANR #2014 -28, Donald and Gail Smithson, 620 Tubman Road, Map 65, Lot 54, RM Zoning District, Represented by Dan Ojala of Down Cape Engineering, The purpose of the ANR is to create 2 parcels in the rear for conveyancing, remainder of lot is a buildable lot, others currently lack frontage, noted on plan ANR #1 with original "panhandle" Judd read the ANR descriptions from the agenda. Ojala presented a summary with large plans. Ojala answered questions about the preliminary subdivision plan, road waiver, frontage, and recent changes to the plans. After a discussion, the Board endorsed both plans. Klump was not present for the ANR's. Collum made a Motion to endorse ANR #2014 -27 as presented, deRuyter Second, All Aye, Vote 6 -0 -0. Collum made a Motion to endorse ANR #2014 -28 as presented, Leaning Second, All Aye, Vote 6 -0 -0. The Board signed the Mylar and paper copies for the file. Work Session with Mark Nelson of Horsley Witten Group • Discuss draft storm water by -law Klump joined the meeting at 6:50 pm. Nelson provided an update to the Board since meeting with Leven. He proposed changes to how public and private roads would be handled under the proposed storm water by -law. • Town Roads: re- development such as re- paving or re- surfacing would trigger an update for drainage. All roads removing to the sub base and re- grading then drainage is a trigger. Follow MA State Highway /DEP • If direct discharge to a stream or pond and re- paving - Want to catch this and bring up to compliance • Full compliance when re- building a road • These changes simplify the process moving forward • Private Roads: Reconstruction might not come in front of the Town, only if a road betterment project • Same threshold, betterment if restructuring • Re- grading a dirt road - No trigger, only if road is being reconstructed Page 1 of 3 Kelly Moore, Senior Department Assistant, Planning, PB Minutes 9- 10- 14.docx Video available at http: / /ec4.cc /sdff3967- Next Meeting 9/24114 • If direct discharge or draining to a Town road, then capture • Leaning asked if filling in a dirt road would trigger - No • deRuyter asked about driveways excluding the threshold, Nelson stated reconstruction applies • Leven noted if draining to a wetland or direct discharge to a pond, it might be a good time to fix • Schoolhouse Pond Project was an example of reconstruction and a higher level of treatment and compliance • Role of Conservation Commission and Planning Board: They discussed the permitting authority for the storm water management permit. Some thought only one Board should be in charge of the permit. Leven stated the order of conditions from Conservation could be connected to the Planning Board decision. Conservation has authority within one hundred feet of a wetland and Planning Board has town wide jurisdiction. The Board would like to invite Jim Gallagher and the Conservation Commission Chair to a meeting to discuss further. • Nelson asked for comments on the Single Familv Home threshold - 500 sQuare feet or greater of erosion sediment control. This came from discussions with the CWPC (Comprehensive Water Planning Committee) It could be 1,000 square feet, 2,000 square feet. The Board thought it should be consistent throughout, not just ponds • Collum - MA code, residential units are exempt. He expressed concern about the fees and associated costs for the homeowners doing a small addition • Nelson - The plan would be submitted to the Building Inspector, no fee yet. The bulk of development in town is residential. The Town of Dennis chose 500 square feet • Hoag - He was in favor of a collaborative regional effort. One town should not be more restrictive than another should. Need a by -law - what are the other towns doing? • Nelson - This is important as stated in the IWRMP (Integrated Water Resources Management Plan) It is equally important in other towns. Similar approach to Dennis. • Leven - Other towns are facing bigger hurdles. This is a big issue for Brewster. • Leaning - In favor of the 500 square feet, don't make it a financial burden (no fee) • Collum - Expressed concern about a financial burden. Gave example of cutting into driveway for a patio • Nelson - They would be managing the disturbance created, not the driveway. Looking at BMP's (Best Management Practices) for smaller sites. The Board adopts regulations after the by -law passes at town meeting. • The Board discussed further and had concerns regarding: runoff from driveways, who reviews work, how much of a permit will be required. More discussion is required. • They discussed the process of passing a by -law and writing and approving regulations. • Hoag expects to see a large amount of waiver requests. • Nelson noted that if someone is doing equal or better proposal, then waiver applies • deRuyter was concerned about what the town is doing. He expressed concern for homeowners and stated he would not vote for it at town meeting. He was concerned about storm water issues at ponds and beaches. • Leven noted the Town is addressing storm water issues. There is a list of twenty locations. Breakwater Landing grant recently received. Town completed a pavement management study. They will study lots with pond or wetland runoff issues. • Nelson - There is a benefit to doing it now. The by -law and regulations become education and mandate. • Collum - Recognized the good intent, DPW budget will need to increase. Concerned about the benefits. Cost /use. Nelson asked for comments on the _commercial/multi family threshold - 2,500 square feet of disturbance • Judd • Concerned about enforcement and lack of performance standards. Building department and DPW enforcement concerns. (dealing with complaints) • Nelson - Good practices and standards. BMP's incorporated with scientific background, simple practices • Taylor - Town has been working on storm water issues for many years. She wants the citizens to become more aware of storm water issues. She was not in favor of a fee. She expressed concern for the impaired ponds. The Board thanked Nelson for coming to the meeting. Planning Board Discussion • Discuss East Brewster Zoning Change for fall Town Meeting o Leven provided a summary for the Board. ■ No final word yet from the Attorney General ■ Town Counsel is in contact to see if there are any other issues Page 2 of 3 Kelly Moore, Senior Department Assistant, Planning, PB Minutes 9- 10- 14.docx Video available at http: / /ec4.cc /sdff3967- Next Meeting 9/24/14 • Leven reviewed a map outlining the proposed zoning changes (new by -law) • A house on Southern Eagle Cartway has asked to be included in the CH zone • House adjacent to rear of Animal Rescue League, VB to RM • They discussed the fall Town Meeting process • Leven will send letters to property owners and standard abutter notification • They reviewed email from Jay Olin and Leven's response (neighbor not in favor) • The Board discussed possible land uses with the nearby lots (south side of Route 6A) • The Board discussed current uses • They discussed that the area now VB at one point was a Commercial zone • Board can make motion to place on warrant or to refer to the BOS for public hearing Public Comments: • Peter Soule, 103 Vesper Pond Drive. He spoke against the re- zoning change. He believes very strongly that the VB area should stay VB. He expressed concern about development and spot zoning. He encouraged the Board to consider future uses. • Louise Vavona- Miller, 76 Vesper Pond Drive. She spoke against the re- zoning change. She expressed concern about increased traffic, density, "look and feel" of Route 6A • Alex Wentworth, Stony Brook Road. He spoke in favor of the re- zoning change. This change makes all conforming except the cement plant. The Board discussed current uses, the area not becoming "VB" after the last change, current vacant lots in VB that have been recently purchased for a medical center, the existence of Site Plan Review and how that can condition a permitted use, Route 6A possible zoning changes in other areas of 6A, and the existence of more than one person being interested in this proposed zoning change. Leven sent a letter and heard from about half of the people. No one was opposed to the proposed change. • Klump reminded people that HDC (Historic District Committee) review would be required. • Leaning asked about road improvements on Route 6A. He wants someone to look at the "choke" points like Underpass Road, Foster Square, Village Drive, Vesper Pond Road, and Millstone Road. He inquired about left turn lanes. • Leven informed the Board that improvements on 6A would mainly cover drainage, sidewalks, adjustment of lanes to accommodate bicycles. The real issue is there is very little east west option through town. deRuyter made a Motion to refer the East Brewster Re- zoning by -law to the Board of Selectmen for public hearing, Collum Second, All Aye, Vote 7 -0 -0. • Planning Board Fees o The Board discussed changes to their fee schedule. Leven distributed a list of previously discussed changes for review and discussion. The Board was in favor of increasing the abutter notifications to $3.50 an abutter. They discussed the Waiver of Site Plan Review fee but did not make a decision. They also discussed a fee for a DRI for staff time. Leven shared input from Town Counsel. They did not make a final decision. The Board decided to review further and take up again at another meeting. Moore wit( send a spreadsheet of all permits so the Board can review the breakdown of permits. Leven will get fees received for the year. • Approve minutes from 8/13/14 Klump made a Motion to approve the minutes for 8/13/14 as amended, deRuyter Second, All Aye, Vote 7 -0 -0. * Klump sent email edits to Moore and the Board reviewed at the meeting. Topics the chair did not reasonably anticipate Hoag asked about the special event venue application comments due to Victor Staley. Leven provided a brief summary. Comment are due to Moore who will combine comments for Staley into one document. Leaning made Motion to adjourn, deRuyter Second, All Aye, Vote 7.0 -0. The meeting ended at 8:56 pm. Nick deRuyter, Planning Board Clerk ORPage 3 of 3 Kelly Moore, Senior Department Assistant, Planning, P8 Minutes 9- io- i4.docx Video available at http: / /ec4.cc /sdff3967- Next Meeting 9/24/14