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Home My Public Portal AboutPlanning Board -- 2014-10-22 MinutesApproved: 12/10/14 Vote: 5-0 -o TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday October 22, 2014 at 6:45 Pm Brewster Town Office Building "The Board did not have Rooms A£tB until 6:45 pm. Chairman Judd convened the Planning Board meeting at 6:45 pm in the Brewster Town Office Building with members: Scott Collum, Jason Klump, William Hoag, John Leaning, and Elizabeth Taylor, present. Absent: Nick deRuyter, Sue Leven Other attendees: Jillian Douglass, Pat Hughes "The public hearing was well attended. See list of speakers during public comment. Documents: 102214_A Spreadsheet - Public Correspondence received regarding EB zoning by -law amendment, updated 10 -22 -14 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 :45 pm Planning Discussion • Approve minutes from 9/24/14 • Klump read the edits received from James Gallagher, Conservation Administrator • Klump made a Motion to approve the minutes of 9/24/14 as amended, Hoag Second, All Aye, Vote 6 -0- 0. • Fees will be discussed at the next meeting. 7:00 pIrirli Public Hearin` Continued from 9124114 Pre- existine 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. Klump read the legal and a letter from Jay Merchant requesting a continuance to the 11 -12 -14 meeting. Collum made a Motion to approve the request for continuance #2014 -26 to the 11 -12 -14 meeting, Leaning Second, All Aye, Vote 6 -0 -0. Page 1 of 5 Kelly Moore, Senior Department Assistant, Planning, PB Minutes 10- 22- 14.docx Video available http: / /ec4.cc /ld234a25 Brewster Planning Board ",minooullwu ' a ^e We' 2198 Main Street Brewster, Massachusetts o2631 -1898 (508) 896 -301 ext. 1233 it V o FAX (5o8) 896 -8o89 Y ��'N/Iglllil l lllllq Approved: 12/10/14 Vote: 5-0 -o TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday October 22, 2014 at 6:45 Pm Brewster Town Office Building "The Board did not have Rooms A£tB until 6:45 pm. Chairman Judd convened the Planning Board meeting at 6:45 pm in the Brewster Town Office Building with members: Scott Collum, Jason Klump, William Hoag, John Leaning, and Elizabeth Taylor, present. Absent: Nick deRuyter, Sue Leven Other attendees: Jillian Douglass, Pat Hughes "The public hearing was well attended. See list of speakers during public comment. Documents: 102214_A Spreadsheet - Public Correspondence received regarding EB zoning by -law amendment, updated 10 -22 -14 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 :45 pm Planning Discussion • Approve minutes from 9/24/14 • Klump read the edits received from James Gallagher, Conservation Administrator • Klump made a Motion to approve the minutes of 9/24/14 as amended, Hoag Second, All Aye, Vote 6 -0- 0. • Fees will be discussed at the next meeting. 7:00 pIrirli Public Hearin` Continued from 9124114 Pre- existine 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. Klump read the legal and a letter from Jay Merchant requesting a continuance to the 11 -12 -14 meeting. Collum made a Motion to approve the request for continuance #2014 -26 to the 11 -12 -14 meeting, Leaning Second, All Aye, Vote 6 -0 -0. Page 1 of 5 Kelly Moore, Senior Department Assistant, Planning, PB Minutes 10- 22- 14.docx Video available http: / /ec4.cc /ld234a25 Continued from 10 -8.14 Judd read the confirmation of evidential review from Jason Klump and William Hoag. Judd noted 141 letters or emails have been received and all letters are available for review in the Planning Office. They could be published on the site. 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: ZONING BYLAW AMENDMENT /Zoning Map Change - East Brewster ARTICLE N0. ##: 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. Klump read the legal advertisement and summary. Judd introduced the Board and staff and asked the audience to keep the discussion civil. Board Discussion Summary: • Hoag reviewed the tape from 10 -8 -14 and read all comments. He felt there was a lot of misinformation regarding the by -law. Hoag gave a summary of his involvement with the by -law amendment. • Was a by -law last spring, he was the Chair • There were several discussions about zoning o The Town needs more commercial businesses • For the Love of the Breed was historically a garage • Board looked at the area, after 20 yrs as VB, no change • Good fit to go back to CH, mostly CH businesses remain, near Orleans CH zone • All businesses on 6A have to abide by the Historic District Committee • All boards in the spring supported the change • Nothing underhanded has been done, there was a snowstorm • The public hearing was postponed in the spring and the by -law passed at town meeting in May • Now there are many neighborhoods in opposition • Some people in favor since area is mostly commercial, historically has been commercial • This amendment should go to vote at Town Meeting, passed by 2/3 of voters • Klump reviewed the video and thought the meeting went well. He appreciates people coming to the meetings. He is unsure how he will vote at Town Meeting. He believes that if people are not on the fence, they are not being reasonable. • Collum noted this is a hard decision. There are many sided and it affects the entire town. He encouraged people to speak since some may not be speaking at town meeting. Page 2 of 5 Kelly Moore, Senior Department Assistant, Planning, PB Minutes 10- 22- 14.docx Video available http: / /ec4.cc /jd234a25 • There were no other Board comments. Judd asked the audience for people who did not speak at the October 8 meeting to speak first, to be civilized, refrain from personal attacks, no applause and state if you are for or against the by -law. If you are speaking again, please provide new information. "Spoke at 10/8/14 public hearing NAME ADDRESS IN FAVOR OPPOSED COMMENTS: Joanne Kuchinsky 131 Bayview Road X Would like to see light commercial use (ice cream shop), concerned about noise, property values, fumes, fire, traffic, Seaview neighborhood Ned Connell 120 Old Bog Road X It is Main St, not 6A, didn't like recent comments in newspaper article, not in favor of the CH zone, narrow road Richard Devor 74 Old Bog Road X "hen story" Not in favor of CH Alison Argo 157 Owl Pond Road X Spoke against at TM, concerned about noise, traffic, garage, slippery slope to more dev't Joanne Sundermier 70 Marshview Lane X Concerned about beauty, character of 6A Debbie Owen, S. 69 Old Bog Road X Not in favor of CH Salidas Jay Olin 130 Bayview Road X Issues with Leven's interpretation of the 10 lots, 20% of business really CH, asked about use variance Don Holm 121 Seaview, 101 X Not in favor of CH Jean Holm* Weathervane's Way Elbert Ulshoeffer Stony Brook Road X Thinks board is putting forward for one business, asked board to "do right thing" concerned about future CH uses, don't recommend to TM John Morton ? Seaview Road, Can't X Do not recommend article to TM, concerned find in db about notification process Laura Clements 128 Seaview Road X RE Agent, Owl Pond, Seaview, Robin Wood are desirable areas, not in favor of CH, concerned about media coverage, future planning, concerned no formal plan, concerned about property values, in favor of new business and young families, do not recommend to TM Norm Michaud` 53 Seaview Road X Concerned about no study or master plan, against the change, (piece meal), concerned about Old King's Hgwy, vote against until there is a master plan and transparent process Peter Johnson Stony Brook Road X Voted against at TM, asked Board to take opportunity to reconsider, forward with negative vote Richard Zweig 12 Skaket Way X Concerned about the marsh and against more CH uses, do not endorse Marjorie Austin 28 Cedar Lane X Opposed to zoning change, Outer Cape Health update: buildings and possibly a pharmacy, might see patients, ugly area near CC Stone, but gorgeous entry to town by ARL Suzanne Jones Bakers Pond Road X Not changing much at all, Agreed with Hoag, does not affect the Historic District, already being used as CH, picking concise areas is the way to go Sandy Burke Paines Creek Road X Not in favor, no master plan, take step back Barbara Savage 31 Jonathan's Way X Remember when cement plant was built, old bldg was a garage, ARL is business use, Page 3 of 5 Kelly Moore, Senior Department Assistant, Planning, PB Minutes 10- 22- 14.docx Video available http: / /ec4.cc /jd234a25 Klump made a Motion to close the public hearing, Leaning Second, All Aye, Vote 6 -0 -0. Board Discussion: • Taylor was in favor of doing a survey, need master plan, vision sessions needed, does not like the process. • Leaning thanked the audience, excellent points made, shortcomings of the Board noted. • Master plan is important and costly, no time for MP before TM • Board does not approve the by -law only recommend it to TM • It should go before the voters again • No intention to deceive anyone, it is not about one person but a zone • Collum noted initial discussions with the Board made this option look good • Difficult decision • He owns a small business and sees both sides of the discussion • He will not support this going to TM • Hoag noted that the Board holds public hearings and no one comes. People did not come last spring. • Voters, residents need to come to public hearings • In the spring 2/3 voted for this article, it needs to go back to TM o The Board recommends an article to TM and other Boards o He lives in East Brewster and has concerns about 6A traffic • 6A is a State road, cannot add streetlights or widen the road. • Recommend to TM • Klump asked for a point of clarification. The Board discussed their options. Postpone? Recommend? • Klump presented the article in the spring at TM • He apologized if people did not understand, there was a map with the article • He felt it should be recommended to TM • In spring it passed but opponents have made solid points • Judd noted few people came last year. He was in favor and believes the town should have the opportunity to Page 4 of 5 Kelly Moore, Senior Department Assistant, Planning, PB Minutes 10- 22- 14.docx Video available http: / /ec4.cc /id234a25 support the change, return the lot to original use Greg Jones 185 Foster Road X President Brewster Association of Part Time Residents, 800+ members, concerned about the beauty of 6A, stated good portion of members would not support Becky Petras 270 Griffiths Pond __X __Concerned about 6A, Underpass is good CH Road area, concerned about traffic, widen road? Stoplight? Need master plan, vote against, *Moving to Kings Way John Rolf 17 Widgeon Way X Has concern about Leven's designation of the lots involved in the re- zoning proposal, He visited properties and provided large photos for the Board, suggesting they are not what CH use. Greg Markham* 215 Old Bog Road X Take opportunity and listen to the people, not about taking care of one person, At TM people were shocked about details of the amendment, do not recommend the article to TM Meredith Pierson* 17 Widgeon Way X Not ready to re -zone, requested additional consideration, do not recommend article, Rolfs' photos show different view; She went to other auto repairs shops, took photos and submitted to the Board. Not in favor of use John Lamb* Crosby Lane X In favor of current zoning, good elegant zoning deign now. Kari Hoffmann* 111 Old Bog Road X Not in favor of the CH uses, further planning required, if allow will look like Underpass Rd. Totals 2 22 Klump made a Motion to close the public hearing, Leaning Second, All Aye, Vote 6 -0 -0. Board Discussion: • Taylor was in favor of doing a survey, need master plan, vision sessions needed, does not like the process. • Leaning thanked the audience, excellent points made, shortcomings of the Board noted. • Master plan is important and costly, no time for MP before TM • Board does not approve the by -law only recommend it to TM • It should go before the voters again • No intention to deceive anyone, it is not about one person but a zone • Collum noted initial discussions with the Board made this option look good • Difficult decision • He owns a small business and sees both sides of the discussion • He will not support this going to TM • Hoag noted that the Board holds public hearings and no one comes. People did not come last spring. • Voters, residents need to come to public hearings • In the spring 2/3 voted for this article, it needs to go back to TM o The Board recommends an article to TM and other Boards o He lives in East Brewster and has concerns about 6A traffic • 6A is a State road, cannot add streetlights or widen the road. • Recommend to TM • Klump asked for a point of clarification. The Board discussed their options. Postpone? Recommend? • Klump presented the article in the spring at TM • He apologized if people did not understand, there was a map with the article • He felt it should be recommended to TM • In spring it passed but opponents have made solid points • Judd noted few people came last year. He was in favor and believes the town should have the opportunity to Page 4 of 5 Kelly Moore, Senior Department Assistant, Planning, PB Minutes 10- 22- 14.docx Video available http: / /ec4.cc /id234a25 vote again. o Whether people are for or against, have time to organize, and go vote Leaning made a Motion to recommend ZONING BYLAW AMENDMENT/ Zoning Map Change - East Brewster ARTICLE NO. # to Town Meeting, Klump Second, 4 Aye, 2 No, Vote 4 -2 -0. Collum and Taylor (No) votes. Topics the Chair did not reasonably anticipate. Judd mentioned the Outer Cape Health Services article in the Cape Cod Times. The Board should stay informed. Leaning made a Motion to adjourn, Klump Second, All Aye, Vote 6 -0 -0. The meeting ended at 9:00 pm. Respectfully su fitted, Nick deRuyter, Planning Board Clerk Page 5 of Kelly Moore, Senior Department Assistant, Planning, PB Minutes io- 22- 14.docx Video available http -./ /ec4.cc /id234a25