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HomeMy Public PortalAboutPlanning Board -- 2015-02-04 Minutes Brewster Planning Board \\\\\\\\\e\\SII�IEIIIII�111I/13 ///// 2198 Main Street Brewster,Massachusetts 02631-1898 (5o8)896-3701 ext.1233 FAX(5o8)896-8o89 %//////G/////pllllllllltllllll\\\\\\\\\\\\ y -- Approved:3/25/15 Vote:7-0-0 TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday February 4, 2015 at 6:30 Pm Brewster Town Office Building Vice Chairman Klump convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members:Scott Collum,William Hoag,John Leaning and Elizabeth Taylor, present. Absent:Nick deRuyter Chairman Judd recused himself from the informal discussion and the Definitive Subdivision Plan 2015-02 discussion Other attendees:Sue Leven, Chris Miller,Ann Kitchell &Grace Cambareri, HWG,Jay Merchant, David Bennett, Bennett Environmental Associates, Inc.,and Attorney Sam Crowell. Documents: 020415_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." 6:30 PM Planning Discussion • Informal Discussion-Dave Bennett and Jay Merchant to discuss a by-law amendment by citizen's petition • Bennett stated that this project had already gone through Staff Review. What they are proposing is a construction waste handling facility,where trucks would be hauling items to the site and the items would be put into containers. A Special Permit would allow this. No oil or hazardous materials would be allowed. It would be wood waste and construction and demolition material. • Leven stated that the applicant is looking for comments only. No decision will be made tonight. • Hoag stated that he thinks that Mr. Merchant is doing a good job and cannot see any reason not to approve his request. • Leven stated that this would be a change to industrial zone and the Board needs to look at the use of the property, not the person who owns it. • Leaning asked how the material that is brought in would be sorted out and what about non-recyclable materials. • Merchant stated that the C&D is loaded onto trucks and when brought to his handling facility it would be separated and hauled to different places. ■ Leaning wants to make sure that nothing is buried at the site. • Bennett stated that nothing would be buried,it is not going to be a transfer station. The site would be open to the public. • Taylor stated that the Industrial Zone is in Zone II and she does have a problem with this being there. She doesn't want to see additional uses in that area. • Collum stated that all the different Boards in town will be able to regulate things so it should be safe and he doesn't see a problem with it being in that area. • Bennett stated that there are seven monitoring wells there that are checked every 6 months and there has never been any impact above the required standards. • Klump asked what will happen if garbage gets into the debris by mistake. • Bennett stated if that happens it will be segregated and taken care of separately. • Leven-you need 10 signatures on the petition and once the signatures are on there, no changes can be made. Page 1 of 6 Tammi Mason,Senior Department Assistant,PB Minutes 2-4-15.docx Video available—httiy,//brewster-ma.gov/documents-a-archives/`earthchanneI 7:00 Pm Public Hearin Definitive Subdivision Plan:#2015-02—Applicant:Jay Merchant Owner: Betsy Clark,for property located at Main Street Rear,Assessors' Map 27, Lot 73(formerly Map 22, Lot 7-3) in the RR Zoning District. The applicant is proposing to create a single lot subdivision by creating a road to the property within existing and proposed easements.The lot will be 16.65 acres of which approximately 6.7 acres is upland and the remainder wetland. Attorney Sam Crowell was present for this hearing. It was stated that Mr. Merchant had been before the Board previously for approval of a Dirt Road By-law special permit,which he did not qualify to receive,since the lot had been created after the effective date of the by-law and not before. Mr. Merchant is now seeking approval for a Definitive Subdivision Plan. Attorney Crowell-In regards to the letter from Sue Leven, Merchant is not going to change any of the locations of the current easements. Both run to land currently owned by Betsy Clark. Mr. Merchant will be using the easements of record. It will follow one of the current easements as indicated on the plan. Klump-The road is going to stay where it currently is then? Attorney Crowell-We will be asking the Board to waive the actual construction of the road/moving of road. We want to keep things the same so as not to disturb the neighbors any more than necessary. There are currently two easements in place. Hoag-Weren't you trying to cut through another property when you were here previously? Attorney Crowell-We were trying to work with abutter Nina Tobin but the easement rights are already established. He spoke about conditions and any further subdivisions. Merchant-There are no plans for any further subdivisions. Leaning-What will the road material be? Merchant-Dirt for now,and it will be maintained by us. Leaning-What about the culvert? Merchant-I will be maintaining that also. I have never seen it nor have I ever seen any water. Leaning-I would like to see something in writing that you will be taking care of the culvert. Taylor-Conservation would need to be involved with that. Klump-Victor Staley, Building Commissioner asked how soon they could expect a building permit. Attorney Crowell-This has to get through Land Court still. Attorney Stephen Jones-representing Nina Tobin-spoke. He stated that his client had no issues with the proposal. Carl Ahlstrom, abutter stated that he supported the project as long as everything stayed the same as was being presented this evening. Jeffery Brodrick,abutter,stated that he is an easement holder and he supports the project. He believes that a single family home on this lot and access to it from the cartway is appropriate. Page 2 of 6 Tammi Mason,Senior Department Assistant,PB Minutes 2-4-15.docx Video available—http:IJbrewster-ma.gov/documents-a-archives/earthchannel Attorney Jones requested that the Planning Board not restrict the access that Mr. Merchant needs for this project. The Clarks have the rights to use two different easements and as long as Mr. Merchant can use either of those, he sees no problem. There was no more public comment. Taylor made a Motion to close the public hearing for#2015-02, Collum second,all Aye,Vote 5-0-0. Taylor made a Motion to approve#2015-02, Definitive Subdivision Plan,Jay Merchant, Map 27, Lot 73, Main Street Rear, Site Plan Review Special Permit,with the following conditions: 1. The applicant will be required to submit an as built of the road that shows it's located within the boundary of all easements and is the agreed upon width. Applicant will have to come back before the Board if he chooses to only use the 40-foot easement. 2. The permit limits the further subdivision of this property for development purposes. 3. The applicant will maintain the road and any work within 100 feet of the culvert will need conservation approval. Leaning second. All Aye,Vote 5-0-0 Site Plan Review Special Permit:#2015-03–Applicant and Owner:Town of Brewster,for property located at 0 Breakwater Road (Breakwater Landing),Assessors' Map 58, Lot 37(formerly Map 4, Lot 55) in the RM Zoning District. The applicant is proposing the retreat of the existing parking lot via pavement removal and restoration of area to natural dune system; providing storm water management for remaining parking lot using green infrastructure;and replacing lost parking by constructing a spillover parking lot. Ann Kitchell and Grace Cambareri from Horsley Witten Group gave a power point presentation. It was noted that Breakwater Beach has been a public beach since the 1800's. Since the 1960's there has been roughly 100 feet of shoreline erosion. The Town was awarded a Coastal Community Resilience grant. There are four main goals for this project:a proactive approach to improve existing resources areas; retreat from the beach;provide treatment for stormwater runoff; maintain what is currently at the site. There are 3 main project components; Dune restoration;remaining parking lot;storm water runoff and additional parking area. It was noted that the entire parking lot is in the flood plain. Kitchell stated that they are proposing to remove 140 ft of the existing parking lot and to recreate the dune. The will be an elevated path through the dune. There will be 1000 cubic yards of sand brought in to bring the dunes together. There will be a loss of 26 spaces in the existing parking lot. 31 will remain. They will construct a swale/bioretention that will remove pollutants and minimize ponding on parking spaces. 11,300sf of pavement will be removed. Kitchell also told the Board that they are looking to put the 26 parking spaces that will be taken from the existing parking lot and put them on to the parcel adjacent to it. There would be minimal tree loss and abutter interaction. It will be a compact design with the same stall dimensions as current spaces. There would be a 20-foot access lane off existing parking lot. 2/3 of lawn area will be used. Large trees will be protected and there will be improved access to the picnic area. Leaning asked what is being proposed to protect the parking lot from the water that is currently going on to it. Page 3 of 6 Tammi Mason,Senior Department Assistant,PB Minutes 2-4-15.docx Video available-http:/Jbrewster ma.gov/documents-a archives/earthchannel Miller stated that a substantial volume of sand and increased elevations will prevent water going into the parking lot. The dunes would then be able to withstand several storms. Leaning-will the work be done during beach season? Miller-the goal is to try and get it done before summer or they would wait until after the season. Leaning-questioned the financial reason behind adding the additional parking area. Miller-the direction from the Selectmen is to retain as many parking spaces as possible. Discussion between the Board on issues related to the project. Klump-what is the estimated cost of this project? Miller-it is$40,000 for the design and about$250,000 for construction. The Town did receive a grant of$250,000 for this project. Klump-how much for the additional parking lot? Kitchell-roughly$116,000 Klump-is the project viable without the additional parking? Miller-the dune restoration would still be able to be done but again,the direction from the Selectmen is to keep as much parking as possible. More discussion on issues related to this project. Pat Hughes,Selectmen,spoke about the public access and told the Board that the Selectmen voted unanimously to approve the project because they are trying to keep as much public access as possible. Klump read comments from the different departments. It was noted that Conservation Commission has not yet completed their review of the project and the Commission was continued for 2 weeks. Judd opened the hearing to the public. Public Comments: Karrie Hoffman-asked about how the grants were written. Miller-grant was specifically written for Breakwater Beach. Hoffman asked if there were any changes made to proposal,would that change receipt of the grant? Miller-not with the parking issues. Beverly Biondi-she stated that although she is not an abutter she is a neighbor and has a problem with the accessibility of this proposed plan. She spoke about Dorothy Cist,who gave the land to the Town and how upset she is about the proposed new parking area. She believes that 6 weeks of tourist using the spaces would not be worth it when the neighbors use the park all the time. Peter Johnson-stated that he sees nothing wrong with the plan and is in support of it. Page 4 of 6 Tammi Mason,Senior Department Assistant,PB Minutes 2-4-15.docx Video available—bttp,:/Ibrewster-ma.gov/`documents-a-.archi.ves/`earthchanneI Bob Perry-stated that he had submitted and alternative plan for the Board to review but the applicant did not like his plan. He stated that he does not believe that what is being proposed tonight will give any guarantees that the dune will not be destroyed. Dwayne Landreth-Attorney representing The Tides Court Homeowners Association. He addressed the legal aspects of the proposal and stated that he believed that the applicant should be directed to the Zoning Board of Appeals for approval. He did send a letter to Town Counsel. Leven-stated that it is the Building Commissioners responsibility to comment to the Planning Board on whether or not this project needs to go before the Zoning Board of Appeals. Attorney Landreth-stated that the Planning Board has not given any consideration to the abutters concerns with regards to keeping the park. He is uncomfortable with the pace of things and has a firm objection to the park part of the plan, not the dune restoration. Chris Powicki-questioned the legality of the use of the park for a parking lot. Klump-stated that he did not think this was a permitted use in this zone. Powicki-stated that if the parking lot is allowed in the park, it will change the whole look and feel of the road. The whole town has parking issues and they should all be looked at together not separately. John Lamb-believes there are flaws with the plan. Believes it is a betrayal to the person who donated this land. Jose Fernandez-spoke about issues he believed were related to this project and the donation of land to municipalities. Mark Farber-stated that he had spoken to the owner of the Chowder House and was told that people would be allowed to park there to go to the beach. Miller-stated that he did share the comments from Attorney Landreth with the Building Commissioner. Judd-stated that letters that had been received from the public were available in the office for anyone to look at. Taylor-understands the need for parking but this whole project needs a lot more discussion. Klump-concerned with the use issue and the gift issue. Believes this can only be done by a Town Meeting vote. Hoag-believes that the Board needs to get an opinion from Town Counsel with regards to the letter from Attorney Landreth. Judd-would like to see answers to Attorney Landreth's questions also. The Board asked for Town Counsel to an opinion on issues Attorney Landreth raised in his letter. Leaning-would like to see a discussion on the alternatives for this site and why they were rejected. Collum Motioned to continue this public hearing until the February 25, 2015 Planning board meeting. Taylor second. All Aye,Vote 5-0-0. Planning Discussion Cont. • Approve minutes from 12/10/14 o Klump made a Motion to approve the minutes of 12/10/14 as written, Collum second,All Aye, Vote-3-0-2. Topics the chair did not reasonably anticipate. Page 5 of 6 Tammi Mason,Senior Department Assistant,PB Minutes 2-4-15.docx Video available—http://brewster-ma.gov/documents a archives/earthchannel Judd spoke about William Henchy's death. Collum made a Motion to adjourn, Leaning second,All Aye,Vote 5-0-0.The meeting ended at 10:20 pm. The next meeting date is 2/25/15. Respectfully su itted, Nick deRuyter, Planning Board Clerk Page 6 of 6 Tammi Mason,Senior Department Assistant,PB Minutes 2-4-15.docx Video available—http:(Jbrevy5tQr-ma,gQy/documents-a-archives/earthchannel