HomeMy Public PortalAboutPlanning Board -- 2014-11-12 Minutes Brewster Planning Board
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Approved: 1/14/15
Vote:5-0-0 TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
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Wednesday November 12, 2014 at 6:3o 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, Jason Klump, William Hoag, Nick deRuyter, John Leaning, and Elizabeth Taylor, present.
Other attendees: Pat Hughes, Sue Leven
Dr. John Eten, Peter Guldberg - Tech Environmental. The meeting was well attended. See list of speakers during public
comment.
Documents:
111214_A Sound Study Report, Tech Environmental, 10/10/14
111214_B Rebuttal document to the Sound Study Report by Tech Environmental from Dr. Stephen Ambrose
111214_C Department Review Summary for Jay Merchant #2014-26
111214_D Department Review Summary for Brewster Historical Society#2014-30
111214E Emails received re: #2014-30
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
• Approve minutes from 10/8/14
o Klump made a Motion to approve the minutes of 10/8/14 as written, Taylor Second, All Aye,
Vote 6-0-1. Hoag abstains.
• Discuss report received from Dr. Eten regarding wind turbine on 441 W H Besse Cartway.
o Peter Guldberg gave an overview of the sound study report submitted 10/10/14
• The report submitted is compliant to local and state noise requirements
• Guldberg sent a rebuttal document to the Board addressing concerns raised in a document by
Dr. Stephen Ambrose
Board Questions
O Hoag - Is Guldberg a registered engineer? No, registered acoustical scientist
o Klump - Asked why the turbine has not been operating since 10/22. Tune-ups on components.
• Tech Environmental has not done the service work. It has been done by an electrical contractor
- Guldberg explained in detail.
• Asked for more information about the octave sound issue and how it was corrected.
• Guldberg explained in detail. Now sound down below 3db threshold
• High winds testing - Too high a wind for testing?
• Can occur, but was not the condition during the tests.
• If the issues have been corrected, why are people complaining about noise? How can this be
explained?
• Rebuttal Letter - From Guldberg - Page#2 response to comments letter, fourth
paragraph
o Guldberg noted it is a subjective conclusion by the neighbors
o He explained further to the Board. Problems with generator eliminated
Page 1 of 8
Kelly Moore,Senior Department Assistant,Planning,PB Minutes 11-12-14.docx
Video available http://ec4.cc/kd82ad73
o Taylor - She understands this report complies with the State requirements but expressed concern about
the obvious problem. She questioned whether the local by-law needs work of it the local noise by-law
could apply?Taylor is disturbed by the problem and not sure what to do going forward.
o Judd - Authority to zoning enforcement officer? Discussed with Leven. Parameters for the testing have
been met by Dr. Eten. Going forward the Board can have other conversations about local by-laws.
o Leven - Permit and by-laws say the same thing. 10db or less. The applicant has complied with the
Town's requirements. The Board does not have any authority beyond that.
o Judd - Residents can write to the Zoning Agent. He asked about toggling off and toggling on, 2 db
difference. Guldberg explained further.
o Hoag - 44-45 db. Clarification? Guldberg - less than normal conversation. Guldberg provided a few
examples. 10/10 report - Mike Lannon is a Professional Engineer. Both Guldberg and Lannon analyzed
the data.
o Leaning - He expressed concern and agreed with Taylor. There are two experts saying two very
different things. He does not know how to resolve this problem. The situation is intolerable. There are
two other machines in Town and no complaints received. People feel brutalized by this machine.
o Judd - Procedurally, being a discussion item, comments noted, a complaint can be filed with the zoning
enforcement officer, then possibly the ZBA. This is the process.
o Leaning - Asked for clarification of the process. They could hire an attorney and go to court.
o Judd - No comment
o Leven - The Board should not give legal advice. Leaning expressed concern about the Board not doing
anything. The Board has taken two years to exhaust every option within their power. The problem is
that the Board legally gets to a point and then stops. This is an issue to be decided between the two
parties.
o Judd noted the applicant has met the criteria.
o Leven requested a stamped and signed copy of Lannan's report from Guldberg. They will email a
stamped/signed report to Leven
o Public Comments: 9 letters/emails have been received and read by the Board. The Board can take no
action.
• No questions were taken regarding the report process
• Collura gave a quick discussion summary. He also summarized the issues and actions with Dr.
Eten's turbine. There is nothing the Board can do.
• Danni Jesudowich - Landing Drive, She initially went to the Zoning Officer. She expressed
concern about the process.
• Leven explained the process of filing a complaint with Victor Staley.
• Jesudowich had issue with it not running lately and being worked on. Would it pass another
test? She does not think it is any different. Why is 10/10 test valid? Testing has not been done
when the Board has said it should be done. Is the turbine in the same condition as it was 10/10
• Judd stated they have a report.
• deRuyter stated that turbines require regular maintenance.
• Collum stated the town voted this by-law, applicant has submitted all information. There is
nothing else this board can do.
• Hoag - The recourse is to go to Victor Staley and to possibly get legal advice.
• Klump - What gave us the power to request the test? Initially the test was waived with the
permit.
• Judd and Taylor have worked on the turbine regulations. The work is not complete.
• Cont. Public Comments:
• Kathy Sherman - She had questions about the testing process. She wants to know the
height and source of turbine. The metric used in the report is different than DEP
• Lincoln Hooper, Landing Drive. He expressed concern about hiring an attorney. The
Town Administrator and a Selectman told him he would need to hire an attorney. He
was upset with this and not satisfied with the process.
• Rich Elliot Grunes, Landing Drive. He expressed concern about not being able to sleep
since the turbine is running. He has an issue with no one discussing the peer review
report submitted. He is concerned about the report not meeting criteria.
• Judd - There is a rebuttal to a rebuttal and this goes beyond what the Board does.
• Jack Connelly, Widah Way - Oct 19th loud noise over house, wind turbine. There is a
real problem and the town has an obligation to do something about it.
Page 2 of 8
Kelly Moore,Senior Department Assistant,Planning,PB Minutes 11-12-14.docx
Video available http://ec4.cc/kd82ad73
• Mike Lawson, 249 Landing Drive, Any report submitted to the Board, the report has to
be submitted? He was concerned about the rebuttal.
• Judd - This is an accepted sound study. He clarified further. Outisde the board's purview.
• There was a five-minute recess.
• Fall TM presentation of Article 10 - Judd will be presenting at Town Meeting.
• No public discussion took place
The Board opened the room partition to Room A.
The Board reviewed the minutes of 10/8/14. Klump made a Motion to approve as written, Taylor Second, Six Aye, Vote
6-0-1. Hoag abstains.
7:00 pm Public Hearing
Continued from 9/24/14, 10/22/14
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.
Judd recused himself and left the room. Jay Merchant and Sam Crowell, Esq. were present
Klump took over as Chairman. Klump read the legal description.
Sam Crowell represented Jay Merchant and provided a summary of the application.
• 1993 Petioners Plan was filed in Boston Land Court #42026-A3
• 3 lots, 2 have houses currently (last lot owned by Clark being sold to Merchant)
• Crowell referenced the copy of the plan 42046-A3
• 2 easements granted, no frontage on Route 6A, would have right to develop a road, hoping to not
develop a road
• Lot is more than five acres (16)
• Needs suitable access to reach property
Board Comments
• Collum asked about covenant/maintenance of the road.
o There is no road yet, just a driveway. It is not yet maintained.
• There were no comments received from DPW. Bersin told Merchant he was sending a letter.
• Taylor asked for much of the land to remain in a natural state. Road requirements must be met.
o Leven explained that the road is within the easement. She referenced the highlighted map
distributed to the Board from the applicant. The road crosses an abutter's property. The
applicant would need an easement filed from each property owner. A plan showing the road with
the easement or certified as-built plan is required. They would be re-building a portion of the
road. The petioners plan has been in in land court since 1994. It is not an easily accessible plan.
The subdivision plan has been endorsed and signed, but not recorded. There are many conditions
from the Board to be met.
• Hoag asked about the zoning district. (RR) They reviewed the plan showing the easement.
• Merchant stated the easement goes through a property. He is trying to make it less intrusive.
• Leven and Collum discussed moving the road and the two easements.
• Leaning asked about the culvert. Merchant would repair it if any damage done. Leaning expressed
concern because it is part of the creek in a fragile area. Merchant offered to meet with Bersin to review
it.
• Merchant is trying to avoid doing a subdivision and creating a road.
• Klump read the department review summary. Updated fire department comments were received. Klump
read all comments.
PUBLIC COMMENTS:
• One audience member asked for clarification of the location. Merchant explained the location.
• Jeffrey Broderick, 565 Main Street, neighbor
o He does not look forward to a road on the property, existing easement is a cartway access, in
favor of a cartway access
o Likes working with Jay Merchant
Page 3 of 8
Kelly Moore,Senior Department Assistant,Planning,PB Minutes 11-12-14.docx
Video available http://ec4.cc/kd82ad73
o Luanne's property joins the cartway and may lose property value. *Ms. Columbo sent a letter.
• Jay Merchant explained he has easement to do a 40-foot road. He would like to use what is there except
move it away from Nina Tobin's property. Not building a second road. (lessen impact for one neighbor)
• Luanne Columbo, sent the Board a letter. She should have written an addendum. Nina does not want to
stay on the cartway, because it goes very close to her house. She expressed concern about her property.
She requested to use the original cartway for the entrance.
• Nina Tobin, 577 Main Street, Lot #2, easement runs over the property probably not more than 30 or 40
feet from her driveway. She did not request a second road. She expressed concern for children playing in
the area. There is no encroachment on the real estate on the property to the left. Nina's deed states
that the back lot and the official road takes affect, easement will no longer be an easement. She likes
working with Jay. She referenced her deed.
• Leven referenced the People GIS map handed out with the application. She pointed out the easement
and property lines to the Board.
• deRuyter read the letters received.
o Jeff Broderick, 565 Main Street, Keep it in natural state
o Luanne Columbo, 555 Main Street, cartway will lose character, fragile environment, aware of
easement, concerned about her property.
o Nina Tobin, 577 Main Street, Concern about rear of property, tranquility, directly impacted by
widening of the road, requested no special permit until each board member visits, concerned
about property value, requested any damage done to the road or property be repaired,
concerned about traffic, no commercial vehicles stored on lot #73, and safety of children
playing. (letter rcvd before meeting with Merchant)
• Board Comments
o Taylor asked Leven about conditions. How much? Moving road - between parties?
o Leven explained road can only be moved with signed permission from Tobin and Broderick.
o Taylor asked about conditions re: road, natural state, no storage of commercial vehicles?
o Leven - follow Fire and Police recommendations.
Collum made a Motion to close the public hearing, Hoag Second, All Aye, Vote 6-0-0.
The Board and Leven discussed conditions. (in bold)
• Leaning requested certification from DPW.
• Plan for road, certified as-built
• Easement - agreement between Tobin and Broderick (Leven and Taylor discussed further)
• Fire Dept. requirements
• Covenant recorded
• Merchant responsible for mitigation - any damage done to the culvert (involves Conservation
Commission)
• Crowell commented on the easement. 6A - Tobin's - up cartway (has right to make a road)
o Agreeable to moving the road over
o In everyone's benefit not to construct road where the easement is
• Board referenced the plan
• Taylor concerned about the easements
• Collum, keep road as minimal as possible.
• Crowell, both Tobin and Broderick have to agree.
• Hoag and Crowell discussed access via the cartway to lot#73
• Collum confirmed both easements on the map. Collum and Klump discussed further.
• Tobin is in favor of moving and Broderick would like it left "as-is"
• Collum, Hoag in favor
• Taylor concerned about road. 14 ft high and 14 ft. wide
• Klump asked if Merchant wants the Board to continue or proceed.
• Merchant asked the Board to proceed. Agreeable to move off Tobin's property and then back on cartway.
He is willing to restore trees and safe access via Fire Dept. regulations.
• Taylor asked for buffer planting if get easements
Page 4 of 8
Kelly Moore,Senior Department Assistant,Planning,PB Minutes 11-12-14.docx
Video available http://ec4.cc/kd8zad73
Collum made a Motion to approve the plan as submitted and conditions as outlined, to grant the special permit
for lot lacking street frontage, application #2014-26, off Main street, Map 27, Lot 73, Hoag Second, All Aye,
Vote 6-0-0.
Judd returned to the meeting. He read the legal description below. Leaning recused himself and left the meeting
(and did not return). John O'Reilly and Sally Gunning were present. Stephen Jones was not present.
Site Plan Review Special Permit: #2014-30—Applicant: Brewster Historical Society, for property located 739
Lower Road, Assessors' Map 57, Lot 4 (formerly Map 17, Lot 1-16) in the RL zoning district. The applicant is
proposing to change the use of the property from a single family home to a museum and offices.
• O'Reilly gave a summary of the application. He worked on the engineering for the Lower Road
location.
• Currently located on Route 6A near Spruce Hill, building houses exhibits and offices, 1,800 square feet,
current hours - 3 days a week June through Labor Day, current have 7 or 8 events during the year, 2-3
at the facility. Currently have gravel parking - for 12 cars.
• Elijah Cobb House, 2400 square feet of area, flexibility to grow their collection, hours - 5 days a week,
10 am - 5pm. June - through Labor Day, Events - 2 at museum but not anticipating more than 2 or 3 at
site. Other events - tours, evening at Sea Pines, Drummer Boy Park, off site from museum, Staff - 2
volunteers a day. Site will provide on-site parking for daily operations. Have offsite parking available
at Lutheran Church, with a shuttle service
• Site Plan Review - Large plan was reviewed with the Board
o Trimming done on large spruce
o Entrance, current drive access, Exit - to left of spruce, allows entering and exiting at same
time
o Improved lines of site
o 14' x 14' for fire trucks, paved apron, remaining gravel but improved
o Grass area, staff parking and spaces for 17 vehicles, 2 paved handicap spots, plus 2 sets of five
spaces - on grass parking - total of 10 for visitors
o BHS has talked to James Gallagher about trimming. Will need Conservation approval, since a
wetland across the street, plus to meet Fire Department requirements
o Trips - between 4 and 7 a day - 10 and 14 trips - from S. Jones, Use similar to of a single family
residence
o Handicap accessible walkway (stone dust or other suitable material)
o Lighting - 3 existing wall mounted sconces - repaired, proposing flood light on building, NE
corner - sketch was submitted to Board, one 6 ft. post to illuminate walkway in back.
o 2 out buildings on property. Sheds - accessory use, no plan to use other than sheds, will need
some attention, no change proposed.
Gunning addressed a bus parking in front of the house. The house is a major stop. Bus will pull into the driveway.
Once they close on property, there will be no more issues of parking on Lower Road. Tours will continue.
Board Comments:
• Taylor asked about the need for a floodlight. It is being proposed for safety reasons, back walkway area.
• Klump questioned the total trips. It seemed high to him. O'Reilly read from Jones narrative.
• Judd asked about the length of the driveway - confirmed whether 2 opposing cars could pass. Area to
pull off?
o O'Reilly explained plans to remove a large hedge to the left of the driveway, create a pull off
area, soft shoulder to the right of the hedge
o Gunning added there will be directional signage
o Judd expressed concern about foot traffic on Lower Road in December
• Gunning noted people could walk off the road in this section of Lower Rd.
o Judd asked about special event venue
• Gunning gave an overview of the special events planned. Many are hosted off site.
o Judd asked about communications with neighbors in Cobbs Pond
• Gunning explained they contacted the neighborhood since they own the buffer near the
road. They have a good relationship.
Page 5 of 8
Kelly Moore,Senior Department Assistant,Planning,PB Minutes 11-12-14.docx
Video available http://ec4.cc/kd8zad73
o Judd asked about outreach to the neighbors, abutters to the south.
• Gunning noted they have not been approached by the neighbors. They are willing to talk.
o Collum expressed concern about adequate parking and suggested the area be flatter.
• O'Reilly referenced the large plan. It will be grass and gravel and loam will be used to
flatten the area. He is aware that Chief Moran has concerns about grass parking area.
o The Board and O'Reilly continued to discuss parking options, materials, turn radius, church
parking, pavers, plastic mesh, permeability, etc. *BHS first choice is grass.
• Klump read the department reviews.
o O'Reilly spoke to Chief Moran. The Chief is comfortable with a 3-point turn but would like to see
a more solid surface. He has not signed off on the grass area and has requested a walkway to the
front of the building. They will continue to discuss.
• PUBLIC COMMENT:
o Dennis Lanzetta, 5 Moldstad Road, Concerns: commercial facility on Lower Road, traffic,
dangerous corner, signs will be ignored, any parking in front of the house, parking on Moldstad
Road, 700 or 800 sq. ft. of use now, will they outgrow? He would like to see a restriction on
hours, expressed concern about headlights shining into his windows at night.
o Judy Moldstad, Moldstad Road, Concerns: traffic, strongly against parking at the Lutheran
Church, no location is safe from special permits, museum should stay on Route 6A, not
appropriate location.
o Don Zeigler requested clarification of business hours. Gunning gave seasonal and off season
hours.
o Walter Laliberte, Cobbs Pond Neighborhood, Concerns: traffic on Lower Rd. horrible, would like
to see an increased police presence, sign is hidden, automated sign used by police is helpful,
would like the lighting in the back of the building off a night, ok with hours of operation. He has
discussed with BHS, in favor of project, sent letter
o Tom Ryan, Worcester resident, Byfield Cartway, Came to Brewster for the meeting. He spoke in
favor, traffic is not an issue, appropriate use, more traffic from Cobbs Pond association.
o Gunning addressed the need to use the 2nd floor. They can offer video viewing on the first floor
for handicapped visitors, upstairs is for the offices. There is an increase in floor space, wall area,
first floor includes a kitchen, bathroom, and a room for a gift shop. Tours are not at night. She
offered the driveway for a police cruiser to park. No Sunday hours or night hours, no special
event venue yet through the BOS.
• Hoag expressed concern about availability of church parking. Pastor has changed. Make this a condition?
• Leven noted they could have something on file regarding offsite-parking permission. She noted the HDC
addresses houses in the historic district, not the BHS. The BHS needs a site plan review not a special
permit for use.
• Klump and O'Reilly discussed parking. The BHS is trying to work around saving specimen trees.
• Klump questioned the IRS educational status.
• CONT. PUBLIC COMMENT
o Collum read the letter from Stephen Twohig, 609 Eagle Watch Lane. Twohig is concerned about
noise, traffic, inconvenience. He is not in favor of the project.
o Hoag read the letter from John Page, 291 Wauquanesit. Page is concerned about parking and
safety.
o deRuyter read the letter from Bill and Patsy Roberts, 374 Great Fields Road. They support the
project.
o Klump read the letter from Robert and Joan Matson, 69 King Phillip Road, in favor.
o Taylor read the letter from Jeff Blanchard, 45 Long Pond Road, in favor.
Collum made a Motion to close the public hearing, Taylor Second, 5 Aye, 1 no. Vote 5-1-0. Klump no.
Discussion:
• Klump had a question for Attorney Jones. Definition of museum and zones allowed changed at town
meeting. Now the BHS does not have to go ahead with use?The definition was suggested by the Museum
of Natural History.
o Gunning explained they intended to apply for educational status all along. Stephen Jones went
to Victor Staley. They proceeded with other process because they are up against a clock
regarding grants, etc.
• Klump was unconvinced with the determination so he emailed Victor. Is the Use Special Permit required?
Page 6 of 8
Kelly Moore,Senior Department Assistant,Planning,PB Minutes 11-12-14.docx
Video available http://ec4.cc/kd82ad73
• The Board discussed withdrawing the motion, continuing, Staley's decision, further investigation.
Collum made a Motion to withdraw the previous motion closing the public hearing, Taylor Second, All Aye, Vote
6-0-0.
Discussion:
o O'Reilly explained they are here for site plan review. None of this changes the site plan review
approval. BHS might need to come back. They decided to move ahead with site plan review.
• Collum asked about the Lower Road parking. Rock garden around tree? DPW comments? Boulders?
deRuyter made a Motion to close the public hearing, Hoag Second, 5 Aye, 1 No. Vote 5-1-0.
Discussion:
The Board discussed conditions.
• Rocks situated near the entrance to avoid cars pulling off the road and parking off Lower Road, with input from
Fire Department and Department of Public Works
• Meet Fire Department regulations regarding the entrance, parking and a front walkway
• Driveway width not to exceed 10 feet
• Lighting - Downward lights - opposed to open flood light
• A revised site plan following Conservation input
Leven had a problem with expanding the plan and this not being an approved plan. They have not filed with
Conservation.
O'Reilly stated that they would come back if there are any changes in the site plan.
Leven suggested improving with a driveway up to a certain width with an updated plan submitted.
O'Reilly added the maximum would be 10 feet. Fire Department determines parking and use of pavers.
Leven suggested a note to the Board of Selectmen, Police concerning the speed limit signs and the lack of visible
signage.
Klump suggested no parking signs on Moldstad. Moldstad is a private way and the residents can put up a sign.
Collum made a Motion to approve #2014-30, Brewster Historical Society, 739 Lower Road, Map 57, Lot 4, site
plan review special permit, with conditions, Taylor Second, Klump abstains. Vote 5-0-1.
Road Betterment: #2014-31 For consideration of the Town to undertake a road repair under the Town's
Betterment and Assessment Program in accordance with Article VIII, Temporary Road Repair, Section 157-20
of Brewster's Code, for the following roads: Moss Lane, Magnet Way, and Commons Way (Map 98)
Judd read the legal description. O'Reilly was present.
O'Reilly provided a summary and referenced a large plan. He submitted an updated calculation sheet. 87 homeowners
at $1400 each. Estimate. The betterment would be heard at spring town meeting.
Collum and O'Reilly discussed the paving areas, cleaning catch basins, and filling in cracks/sealing on roads.
PUBLIC COMMENT:
Don Ziegler, Magnet Way
He asked about the start date. Most likely summer work. People on Commons Way will share in the costs.
Taylor read an email from a resident on 169 Magnet Way that asked about cleaning the storm drains before the
betterment because there is a large puddle problem.
Klump made a Motion to close the public hearing, Collum Second, All Aye, Vote 6-0-0.
Taylor made a Motion to approve road betterment #2014-31 as presented, Klump Second, 5 Aye, 1 abstain, Vote 5-0-1.
Collum abstains.
Planning Board Fees:
Moore asked the Board is they would like to include fees discussed and agreed on for the 12/10/14 public hearing. The
Board agreed to go forward with the four fee increases and hold a public hearing.
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Kelly Moore,Senior Department Assistant,Planning,PB Minutes 1l-12-14.docx
Video available http://ec4.cc/kd82ad73
Topics the chair did not reasonably anticipate.
Liaison Reports:
WQRC - No comment
ZBA - deRuyter will attend the next meeting.
Klump requested further information from Victor Staley regarding the educational mission from 1969 for the Brewster
Historical Museum. Is a use special permit required? Klump will send his email to Leven and she will request a response
from Staley. The Board agreed.
Hoag made a Motion to adjourn, Taylor Second, All Aye, Vote 6-0-0. The meeting ended at 10:48 pm.
The next meeting date is 12/10/14.
Respectfully submitt-
All
ID
Nick deRuyter, Planning Board Clerk
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Kelly Moore,Senior Department Assistant,Planning,PB Minutes 11-12-14.docx\11, ,.k
Video available http://ec4.cc/kd82ad73