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Home My Public Portal AboutPlanning Board -- 2014-10-08 Minutesav1 \0*naFW "8% =.a0Q °� +,�t9 33° Y;sa o w- Y V4 y�i / / / /// µ�lllllllllllllll \ \ \ \ \0 \N� Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631 -1898 (5o8) 896 -3701 ext. 1233 FAX (5o8) 896 -8o89 Approved: 11/12/14 Vote: 6 -o -i, Hoag abstains TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday October 8, 2014 at 6:30 pm Brewster Town Office Building Chairman Judd convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members: Scott Collum, Nick deRuyter, John Leaning, and Elizabeth Taylor, present. Absent: Jason Klump, William Hoag. (Nick deRuyter left early.) Other attendees: Sue Leven, Selectman John Dickson, `The public hearing was well attended. See spreadsheet for list. Documents: 100814_A Spreadsheet - Public Comment regarding EB zoning by -law amendment, 10 -8 -14 100814_6 Leven PowerPoint presentation 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." `One audience member announced he would record the meeting. 6:30 pm Planning Discussion Approve minutes from 9/10/14 o deRuyter made a Motion to approve the minutes of 9/10/14 as written, Leaning Second, All Aye, Vote 5 -0 -0. ANR #2014 -29, Applicant: Robert Libby, Owner: Addison Pratt, Represented by Peter Soule of Soule Land Surveying, Map 16, Lots 4 Et5, (formerly Map 21, Lots 101 Et 13), 369 Et 375 Main Street, in the RM Zoning District • Peter Soule was present and provided the Board a summary. • The Board discussed the easement and the creation of open space. • The owners of The Spectrum art gallery are the owners. • Collum made a Motion to endorse ANR #2014 -29 Libby /Pratt as presented, Leaning Second, All Aye, Vote 5 -0 -0. Planning Board Fees • The Board discussed recommendations from Leven regarding fees. An updated spreadsheet was sent to the Board for discussion. • They discussed definitive subdivisions. • The Board could setup a public hearing to address the first four fees under agreement. • Leaning made a Motion to recommend #144 to the BOS for public hearing of fees, Collum Second, All Aye, Vote 5 -0 -0. (abutter notices, Site Plan Waiver, Preliminary Subdivision 3+ lots, Preliminary Subdivision up to 2 lots) • The Board wilt continue discussing fees when Hoag and Klump are present. Other Discussion before the public hearing • Taylor gave an update regarding the CCC and recent changes on current processes. They are reviewing the regional policy plan. • Leven reminded the Board that CPTC training is available 10/30 at Town Hall and 11 /12 in Barnstable. 7:00 pm Public Hearin Proposed Annual Town Meeting Article: The Public Hearing will be held for consideration of a Zoning By -law amendment to be submitted as 1 Article on the Town of Brewster's Town Meeting Warrant. The proposed Zoning By -law amendment is as follows: Page 1 of 3 Kelly Moore, Senior Department Assistant, Planning, PB Minutes io- 8- 14.docx Video available http: / /ec4.cc /jd65a625- Next Meeting 10/22 114 ZONING BYLAW AMENDMENT /Zoning Map Change - East Brewster ARTICLE NO. # #: To see if the Town will vote to amend the Town of Brewster Zoning Bylaw, Chapter 179, Section 179.3, Districts Enumerated, Subsection C, Village Business District, and Section 179.4, Zoning Map Established, by amending the Zoning Map to convert certain portions of the Village Business District to Commercial High Density District, all as shown on the sketch entitled "Article ## - Zoning Map Amendment: East Brewster Village Business District" a copy of which is on file with the Brewster Town Clerk, and by further amending Section 179 -3C to add the following language: For the Village Business (VB) zoning district at the eastern end of Main Street at the Brewster /Orleans line: A. Retain the area from the center line of Main Street to the south as a Village Business district with the same boundaries as the existing district. B. For the area from the center line of Main Street starting at the Orleans line, a Commercial High Density (CH) zoning district will be created by a new line to be drawn: 1. North for 400 feet, turning west and running 650 feet to the centerline of the north /south portion of Southern Eagle Cartway. 2. Turning south along the north /south centerline of Southern Eagle Cartway to a point 220 feet to the south. 3. Turning west and running parallel to Main Street 210 feet. 4. Turning north to the centerline of the east /west portion of Southern Eagle Cartway. Continuing west to the centerline of Eldridge Road. 5. Turning north for 110 feet along the centerline of Eldridge Road. Turning west 225 feet, and turning south to the centerline of Main Street. 6. Turning east along the center line of Main Street to the Orleans line. C. The parcel currently known as 27 Southern Eagle Cartway (Assessor's Map 138 Lot 38) will become Residential Medium Density (RM). or to take any other action relative thereto. Summary The Planning Board has been looking at the Village Business (VB) zoning districts in Brewster to determine if they are in the appropriate areas and if existing zones could benefit from reworking. Upon reviewing this area, and the nature of businesses on each side of Main Street, and after hearing from local businesses in this area, the Board opted to propose rezoning of a portion of the existing VB district (the north side) to CH (Commercial High Density) to more closely resemble the mix of uses existing on the north side of Main Street. A version of this article was proposed at the 2014 Annual Town Meeting, but was denied by the Attorney General for a process issue associated with the rescheduling of a public hearing following a weather postponement. This version has added one of the houses on Southern Eagle Cartway and the remainder of the Animal Rescue League property to the proposed CH district and the remaining house on Southern Eagle Cartway to the existing RM zone to the north. Judd read the legal advertisement and summary. Judd introduced the Board and staff and asked the audience to keep the discussion civil. John Rolph expressed concern about Nick deRuyter participating in the zoning discussions and public hearing process. deRuyter recused himself from the meeting. Leven gave a PowerPoint presentation to the Board. See slide handout. The Board heard public comment. `See spreadsheet for list of speakers and additional information. In siimmarv- there were 30 Sneakers. 17 ODDOSed and 13 in favor. "24 residents and 4 part time nonvoting residents. NAME OPPOSED IN FAVOR Peter Shiebel X Norm Michau X Greg Markham X Jon Lamb X Carrie Hoffman X John Roth X Susan Searles X Bill Greeley X Peter Soule X John Diemer X X Greg Kelly X Steve Rowan X Joan Carstanjen X Ed Lewis X Judy Arnold X Seth Abrahamson X Bruce Macgregor X John McMullen X Meredith Pierson, Jon Rolf X Josh Walther X Ron Reddick X Jean Holm X Page 2 of 3 Kelly Moore, Senior Department Assistant, Planning, PB Minutes io- 8- 14.docx Video available http: / /ec4.cc /id65a625- Next Meeting 10/22/14 Bernadine Whittaker X Ray Cox X Louise Vavona Miller X Chris Shea X Erin Levine X Alex Wentworth X George Corbellini X Eva Sousa X Residents in favor were supportive of local business, jobs, tax revenue, appropriate use since formerly a garage, supportive of the change from VB to CH. Residents not in favor were concerned about the historic character of Route 6A, noise, future CH uses, and property values. They would like to keep the current VB zoning. The Board heard a few suggestions to change the rules but not the zoning from the audience. Leven explained that the Board looked into several ways to do this but felt that opening all of Route 6A to the auto repair use was not appropriate. Judd explained that two members were not present. He thanked the audience for their comments and explained it is hard to determine which zoning is in the best interest of the Town. Collum added that the Board tries to take into account visual aspects, neighborhoods and 6A zoning for all of 6A. The Board agreed not to take a vote but to wait until the next meeting when there would be a full board. Leaning noted that both sides had compelling arguments. He appreciated the number in attendance and added that the Board does not deceive anyone. Taylor was concerned about a middle ground. Taylor made a Motion to continue the public hearing to the next meeting, 10/22/14, Leaning Second, All Aye, Vote 5 -0 -0. Leven will not be at the next meeting. The Board discussed next steps. They reviewed the process and determined the Board would vote to recommend or not recommend to Town meeting. The article could be indefinitely postponed on Town Meeting floor. Collum asked about a use variance. The Town never voted to allow use variances. Leven noted there was no legal way to grant the use. There were no Topics the Chair did not reasonably anticipate. It was suggested to have zoning maps available for reference at the next meeting. Leaning made a Motion to adjourn, Collum Second, All Aye, Vote 4 -0 -0. The meeting ended at 9:30 pm. Respectfully s mitted, Nick deRuyter, Planning Board Clerk V� Page 3 of 3 Kelly Moore, Senior Department Assistant, Planning, PB Minutes io- 8- 14.docx Video available http://ec4.cc /Id65a625- Next Meeting 10/22/14