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Home My Public Portal AboutPlanning Board -- 2014-09-24 Minutes Brewster Planning Board 3°OaU\O�oxIEIIW i�przvv� 2198 Main Street p� a " Brewster,Massachusetts 02631-1898 a= , in `, st (508)896-3701 ext.1233 I 0 ,,rr" ' FAX(508)896-8089 s P ,„::mmlin1, Approved:10/22/14 Vote:6-o-o. TOWN OF BREWSTER PLANNING BOARD ..�' Regular MEETING MINUTES Wednesday September 24, 2014 at 6:3o pm Brewster Town Office Building Chairman Judd convened the Planning Board meeting at 6:31 pm in the Brewster Town Office Building with members: Scott Collum, Nick deRuyter, John Leaning, William Hoag, Jason Klump and Elizabeth Taylor, present. Other attendees: Sue Leven, James Gallagher, Victor Staley, James Kraniotakis from Brewster Pizza, Meredith Baier, Richard Repetto Documents: 092414_A 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." James Kraniotakis stated he would be recording the meeting. 6:30 pm Planning Discussion • Storm water draft by-law discussion with Jim Gallagher, Conservation Administrator Gallagher presented what the Conservation Commission (CC) does today with respect to Storm water State Standards. o Conservation Committee has not reviewed the draft storm water by-law O Gallagher attends the Comprehensive Water Planning Committee (CWPC) meetings regularly O Conservations' jurisdiction is 100 feet within a wetland, 200-feet within rivers O Currently on Conservation application - There is a box to check on the application if the stormwater standards apply or not. The three exemptions from the stormwater standards are listed as: • Single-family house • Emergency road repair • Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. o If the Stormwater Standards apply, there are two categories; new development and re-development. New development must meet all standards; re-development is subject to the standards only to the maximum extent practicable. O Conservation Commission hires an independent consultant to review the storm water report O The Planning Board is looking at what trips a project within the storm water by-law and what is within the CC jurisdiction. Who handles what? o Projects that trigger the storm water by-law, CC reviews the footprint, then goes to the storm water BMP's (best management practices) is it adequately sized? *Town by-law not State by-law o Individual Conservation Commissioners do not review the engineering calculations, the hired consultant does. They do not want to review outside of the buffer zone. They review construction impacts of the project. They are not overseeing drainage. o CC is not the entity to review these storm water permits. The designated reviewing agent should review all applications. o Planning does not want to see the Boards duplicating efforts O The vast majority of the applications will not go through the CC O Gallagher would like to see the storm water standards in the town by-law be more stringent than what is in place now. The reviewing agent should be reviewing everything. O CC does not want to be the reviewing agent. They will make recommendations. Page 1 of 4 Kelly Moore,Senior Department Assistant,Planning,PB Minutes 9-24-14.docx Video available http://ec4.cc/sd2c2d35-Next Meeting 10/8/14 o Leven will talk to Nelson from HWG and ask him how the State regulations compare to the town by- law. The 3rd party review could review for the by-law standards too. o There will be another meeting to continue discussion of protocol o The CC is interested in stricter standards. Ex. South Pond Drive Road Betterment o They discussed this example further o Applicant will need to pay for the independent consultant review o There should be one permitting authority. CC does not want to be the permitting authority. They will review and then send recommendations to PB. o They discussed the role of the reviewing agent further • Town standards cannot be less stringent • Consultant could review for both State and town standards and report back • Conservation reviews then sends to PB • They discussed recent conservation involvement in a large development project - Brewster Landing, 40B development off Underpass Road. State storm water standards applied. (7:00 pm) • #2013-12, John Tsiareas, Brewster Pizza, continued discussion from 7/23/14 meeting regarding: Condition #9 o Judd read Condition #9 from the permit. o James Kraniotakis from Brewster Pizza was present o The Board visited Brewster Pizza to evaluate noise levels. Below are the comments. • Hoag • Day after Labor Day, 10:30 - 11:00 pm, Karaoke night • Could barely hear bass sound • Could not hear anything on Seaway Road • Behind the building the AC units were loud • Observed 10 to 15 people coming and going, general conversation, not loud, no loud sounds • Leaning • Visited two times on Thursdays, 10:30 - 11:30 pm • No loud noises, AC Units loud • More noise from Cumberland Farms area • 2nd time, same basic activity • Parked on Seaway Rd. in two spots and heard no noise • People were outside the front, heard low bass sound • Conditions should stay - they are working • Judd • Visited Tuesday and Thursday • Could hear laughter, bass was infrequent • No comment re: condition #9 • Klump • Monday, was closed before 11 pm • Tuesday, 10:30 pm, half empty, could hear conversations vs. amplified sound • Leaning - Have police received complaints? Staff was not aware of any complaints • Judd • Conditions have been met, moving on to public hearing 7:00 pm Public Hearing (7:16 pm) Continued from May 28, 2014, June 25, 2014, July 23, 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 detail repair shop. Judd read the legal information above. Richard Repetto was present. Victor Staley was present. Page 2 of 4 Kelly Moore,Senior Department Assistant,Planning,PB Minutes 9-24-14.docx Video available http://ec4.cc/sdzczd35-Next Meeting 1o/8/14 Repetto had new information for the Board. The Board reviewed a plan from Ryder and Wilcox. The Board had a lengthy discussion with Repetto. There was concern about multiple plans with the application. The Board asked questions about the site and the business. Below is a summary of concerns: • Use of shed (not planning to use) • Blocking driveway access (yes) • Water runoff from the driveway (Staley read from by-law, pre existing conditions apply, pre existing driveway, no requirement for pillows, gallons of water not exceeding numbers on plan, not an enclosed car wash business) • Rinsing off of vehicles will occur before moving them inside for vapor steam cleaning • The Board and Staley reviewed the drainage calculations on the plan, well within the design. • Parking was a concern as was number of cars on the site • New plan did not show correct number of spaces. There will be stacked parking • Repetto will adhere to allowable signage and no additional external lighting • Business hours 7:30 am to 4:30 or 5:00 pm • Auto sales will be a micro business • Staley noted Repetto has been to Staff Review, Site Plan Review, Will need to get a building department change of use permit • Klump read Gallagher's memo regarding the existing plan for the Brandt property in Conservation • Some of the Board members wanted to see one plan with all the information on it • There was a lot of discussion about the total number of cars allowed on the site (in garage, registered vs. non registered, near private residence, and in the parking spaces) • Cars should not be in the wetland areas • Leven explained options. Condition a plan with all parking spaces outside the 100' buffer - also can condition if parking spaces are within the buffer, the applicant must go to Conservation Commission • Taylor was not willing to vote on 3 plans. She wants one plan with all pertinent information. • Some members wanted to see a revised plan since the plan submitted was not a complete site plan *Collum made a Motion to close the public hearing, Leaning Second, All Aye, Vote 7-0-0. • deRuyter suggested combining the plans and labeling the parking • There was a lot of discussion about the plan and whether it should be revised or voted on with a condition. The condition would include submission of a revised plan to planning. *deRuyter made a Motion to approve #2014-13, Richard Repetto, Site Plan Review Special Permit, with the condition of a consolidated plan submitted to Planning, Collum Second. Discussion: The Board discussed the plan further. 15 cars total was suggested. They decided on 12 cars total. Repetto was happy with 12 parking spaces. Conditions: To be shown on revised plan • 12 parking spaces outside • 100 foot wetland line (buffer) • Car wash basin • Existing bituminous (asphalt) • Existing gravel area • Parking 5 feet from the lot line Vote: 5 Aye, 1 Taylor No, Leaning Abstain, Vote 5-1-1. (8:17 pm) Pre-existing lots of record, lacking street frontage (Dirt Road Access bylaw): #2014-26 - Applicant: Jay Merchant for property located on Main Street Rear Assessors' Map 27, Lot 73 (formerly Map 22, Lot 7-3) in the RR zoning district. The applicant is required to obtain a special permit in order to construct a single-family home on a lot, which does not have street frontage. deRuyter read the request for a continuance from Jay and Wendy Merchant. Page 3 of 4 Kelly Moore,Senior Department Assistant,Planning,PB Minutes 9-24-14.docx Video available http://ec4.cc/sd2c2d35-Next Meeting 10/8/14 Leaning made a Motion to grant the request for a continuance to the 10/22/14 meeting, Klump Second, All Aye, Vote 7-0-0. Planning Board Discussion Continued • Discuss East Brewster Zoning Change for fall Town Meeting o 10/8/14 is the public hearing date o Five members will be coming to the meeting. No Hoag or Klump. o Leven gave an update regarding Article #31 and an extension from the AG's office • 90 day extension brings the deadline to 11/17/14 • it is probably not going to pass because of the procedural defect • Museum Use Article #30 passed, no complaints received by Town Clerk • People opposed to the revised #31 for fall town meeting will be at the 10/8 hearing • Notices to abutters and affected property owners going out soon • Approve minutes from 8/27/14 Leaning made a Motion to approve the minutes of 8/27/14, Taylor Second, All Aye, Vote 7-0-0. • Planning Board Fees o The Board discussed changes to their fee schedule. Leven referenced a list of previously discussed changes for review and discussion. The Board heard feedback and suggestions from Moore and Leven. The Board was in favor of a $300 fee for Waiver of Site Plan Review. They discussed a $3,000 fee for DRI but instead of DRI Fee, it would be called something else. The fee would be tied to triggers similar or lower to the current DRI thresholds. The Board was in support of this fee. o Preliminary subdivisions were discussed. There were many opinions and no decision was made. Some members thought it should be left as-is. There have not been any complaints received about fees. Some members felt the fee was too high compared to other towns. • $1,500 base fee, + $150 a lot? • Up to 2 lots, $300? • 2+ lots, $300? • Flat fee of $500? • $150 per lot? Topics the Chair did not reasonably anticipate 1) Leven informed the Board that Mark Nelson of HWG is working on a fertilizer by-law. Leven has suggested that it become a Board of Selectmen by-law, general by-law for the town. It has no connection to Planning Board work. 2) Leven reminded the Board of the CPTC training available this fall. The classes cost $30 but the fee is reimbursable. "How to Hold a Perfect Public Hearing" will be in Brewster. "Site Plan Review" is being offered in Barnstable. Leaning made aM�otion to adjourn, deRuyter Second, All Aye, Vote 7-0-0. The meeting ended at 8:55 pm. r Respect lly subrr�itted, Nick deeRuyter, Planning Board Clerk Page 4 of 4 Kelly Moore,Senior Department Assistant,Planning,PB Minutes 9-z4-14.docx Video available http://ec4.cc/sdzczd35-Next Meeting 10/8/14