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Home My Public Portal AboutPlanning Board -- 2015-04-08 Minutes Brewster Planning Board �wfws 2198 Main Street Brewster,Massachusetts o2631-1898 (508)896-3701 ext. 1233 g. FAX(5o8)896-8o8g O A Ilf,�]31NI't�� Approved:May 27,205 C\ Vote:5-0-1 TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday April 8, 201.5 at 6:30 pnrt Brewster Town Office Building Chairman Richard Judd convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members: Scott Collum, Nick deRuyter,John Leaning,William Hoag, and Elizabeth Taylor, present. Absent: Jason Klump Other attendees:Sue Leven, Chris Miller,Allian Douglass, Peter Johnson,lay Merchant, Dave Bennett, Kari Hoffmann, Bob Stanley Documents: 40815—A HWG PowerPoint Presentation,Stormwater By-law 40815—B Waste Handling in Brewster's Industrial Zone,Jillian Douglass The Chair read the Recording or Taping Notification: "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping 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 1)Waiver of Site Plan Review, #2015-09, Dream Day on Cape Cod, Represented by Dale Ormon, 165 Nan Ke Rafe Path, Map 132, Lot 9 (formerly Map 45, Lots 1,2,3) in the RR Zoning District. The applicant is adding a 14'x 18' addition to Cabin 1. • Bob Stanley of the Facilities Committee provided a summary of the cabin addition. Dream Day on Cape Cod is a camp for children with terminal illness. There are eight cabins, a ball field, and a playground. f=amilies stay for one week at a time. The camp offers various activities. • Leven—They have gone through Staff Review and have hired a couple who will manage the camp year round. • The Board had no comments. deRuyter made a Motion to grant the#2015-09 Waiver of Site Plan Review, Hoag Second, All Aye, Vote 6-0-0 2) StormwateTr draft by-law discussion with Mark Nelson from Horsley Witten Group Mark Nelson and Anne Kitchell from HWG were present They reviewed a PowerPoint presentation and took questions from the Board. The presentation included an update on changes since last meeting. (June Draft) • Single family and two family residential & road improvement triggers (paved and unpaved) • 2500 sq. ft land disturbance trigger • Reviewed applicability • Two new definitions (road improvement, direct discharge) • Planning Board or Conservation Commission will permit the application o If in Conservation purview, then the applicant does not come to the Planning Board • The Board discussed who would handle the management of the permit application. o Hoag was in favor of one board having signoff Page 1 of 4 PB Minutes 4-8-15 approved.docx Video available at http:11ec4.cc1de9597a9 Kelly Moore,Senior Dept.Assistant o ConsComm currently looks at stormwater o It would be a general by-law, not a zoning by-law • Anne Kitchell reviewed the significant changes since the June draft by-law. • The EPA permit will be finalized in three to four months. It makes sense to conform now and adjust later • The Board discussed timeframes with Leven and any connection with CCC regional projects. Leven noted the summary goes to Town meeting and the regulations are to be worked on after town meeting. • Kitchell reminded the Board that the current permit from 2003 says to establish a stormwater by-law o Leven noted that all current by-laws would refer to this new by-law. • If the Town does not do a by-law, it may affect the town's position for grants, • Leaning expressed concern for the builders and existing requirements. • deRuyter questioned removing lawn areas and adding gardens. They discussed further. • Nelson explained that the main thing is erosion and sediment control. This by-law is not addressing new things that do not already come to the building inspector today. • Taylor asked about 999-9, page#4 (highlighted section). This is a waiver section seen in other towns. Ex. Road improvement project. The Board discussed the following examples: commercial business, process of removing 1" of rain (rain gardens and bioretention) • Taylor wants to see actual mitigation, no buyouts. Public Comment Dave Bennett asked about procedure. The building commissioner will do the review and it will take approximately three months total. The Board can hire a consultant who would be paid for by the applicant to assist if necessary. Bennett questioned the 2500 square feet of disturbance.Would this apply to any new construction? The Board continued to discuss examples. Nelson will revise the document and come back to the Board. 7:20pm The Chair read the by-law amendment. Dave Bennett of Bennett Environmental and Jay Merchant of Cape Sand & Recycling were present. 7:00 pm Public Hearing ZONING BYLAW AMENDMENT/CONSTRUCTION WASTE HANDLING FACILITY DEFINITION,ARTICLE NO.34 To see if the Town will vote to amend Chapter 179 of the Town of Brewster Code and to insert a new definition in Article 1, § 179-2, or to take any other action relative thereto as follows: CONSTRUCTION WASTE HANDLING FACILITY, PRIVATE — A privately owned parcel(s) of land, having previously received Site Assignment by the Brewster Board of Health,1)for the collection,processing and recycling of wood waste(brush,stumps and leaves)and recycling of asphalt,concrete and bricks, 2)for the collection,segregation and transfer of non-municipal solid waste as specifically limited to construction and demolition materials. Any such facility specifically excludes the collection of any garbage, organic rubbish and oil or hazardous materials. To the extent this definition is ever applied inconsistent with the provisions of Massachusetts General Laws, Chapter 111, § 150A and§150A%2 and the regulations promulgated there under,the provisions of that statute and those regulations shall prevail. And to amend Chapter 179 of the Town of Brewster , Article 1V, Chapter 179-11, Table of Use Regulations, Table 1 "Wholesale, manufacturing and industrial,by inserting a new#3 and renumbering subsequent lines: R-R R-L R-M c-H V-B I MRD PWS-CF CONSTRUCTION WASTE 3 HANDLING _ — S -- FACIL TI. PRIVATE SUMMARY This citizen petition has been prepared to allow for the extension of pre-existing non-conforming uses that currently exist in the Industrial District wherein wood waste and other related construction materials are recycled into usable products for resale (loam, mulch, wood chips Page 2 of 4 PB Minutes 4-8-15 approved.docx Video available at http://ec4.ccJde9597a9 Keliy Moore,Senior Dept.Assistant and various grades of aggregate). This article will allow for the properties with Site Assignment granted by the Brewster Board of Health to extend such uses under the Special Permit process to include the collection and transfer (handling) of other construction and demolition debris. The transfer facility will segregate any materials that can be recycled or re-used from the individual loads and then bulk other materials for offsite transport to the appropriate licensed solid waste facilities. Any such qualifying property must have received Site Assignment by the Brewster Board of Health, maintain a Water Quality Certificate from the Brewster Water Quality Planning Committee and be licensed by the Massachusetts Department of Environmental Protection.This article relies on the Local and state jurisdiction in the siting, operation and monitoring or such facilities. The full text of the governing state regulations for such facilities can be found within 310 CMR 19.000. (Citizen's Petition) The Chair read the by-law text, Dave Bennett and Jay Merchant were present. Bennett provided a summary: • Use site and build a building to handle construction waste • Recycle and reuse materials • Within the Industrial Zone • Merchant's property is near Antarelli and Daniels properties • Requires a special permit for the use • Also DEP, WQRC, PB, CWPC, and BOH permitting • There will be an opportunity for conditions and water quality protection Board Comments: • The Board discussed similar operations in nearby towns, Merchant is interested in processing not grinding. • The Board discussed segregating materials and process • Judd asked about increase in number of trips. (maybe 20 truckloads) Hours will be 7-4:30 pm. • Sound and location were discussed • Specifics can be addressed during site plan review • WQRC submitted comments to the PB. They presented both pros and cons. • Jillian Douglass, speaking as a private citizen submitted comments. She expressed concern regarding protection of water quality. Bennett reviewed the comments and answered a few of the questions. • There were no other public comments • Leven and Judd discussed the use. • The Board reviewed the process at town meeting. This by-law would require a 213 vote, DeRuyter made a Motion to close the public hearing, Collum Second, All Aye, Vote 6-0-0. • Taylor stated she would not support this article. DEP would not allow as a new use. DeRuyter made a Motion to recommend Article#34 to Town Meeting, Callum Second, Discussion: Leaning questioned if Merchant was before the Board before regarding a building. (There was a recent informal discussion) Leaning was hesitant to move forward with the article. Hoag was in support since there are many stringent conditions to be met. Vote: 5-1-0. (Taylor no) Continued from 3/25115 Site Plan Review Special Permit: #2015-01 —Applicant: Gloriae Dei Artes Foundation, Inc. Owner:William S. Kanaga and Christopher W. Kanaga, Trustees, Representative: Andrew L. Singer, Esq., for property located at 36 Southern Eagle Cartway, Assessors' Map 138, Lot 43, formerly Map 30, Lot 18 in the RM and RR Zoning Districts. The applicant is proposing to replace two existing greenhouses and one existing building in the rear of the property with a new 8,000 sq. ft. engineered steel building with basement for non-profit arts education, storage, and repair and maintenance of materials. The Board received a letter from Andrew Singer, Esq, requesting a continuance to the May 13, 2015 meeting. Leaning made a Motion to grant the request for a continuance to 5/13115, deRuyter Second, All Aye, Vote 6-0-0. Page 3 of 4 PB Minutes 4.8-15 approved.doex Video available at http://ec4.cc/de9597a9 Kelly Moore,Senior Dept.Assistant 8:00 pm Planning Discussion Cont, 1) Discuss NSTAR 2015 Vegetation Management Program Letter The Board had a discussion with acting DPW Director and Tree Warden, Chris Miller about the recent letter from NSTAR regarding vegetation management. The Board expressed concern about the visual impact of trimmed trees near power lines. Board members were also concerned that NSTAR may be acting more aggressively with trimming and removing trees. Miller provided trimming information and discussed amounts. There is no spraying in Brewster,just trimming. Miller referenced the memo from Victor Staley. Taylor was concerned about replacement trees. She also has concerned about how the trimming has been done. After much discussion, the Board requested Leven to contact Senior Arborist Paul Sellers from NSTAR. A tentative date for a public hearing discussion is 5127115. (Start time 6:30 instead of 7:00) The Board will extend an invitation to the Old King's Highway Historic District Committee. Topics the Chair did not reasonably anticipate Leaning made a Motion to adjourn, Taylor Second,All Aye,Vote 6-0-0. The meeting ended at 8:33 pm. Respectfully submitted Nick deRuyter, Planning Board Page 4 of 4 PS Minutes 4-8-15 approved.doex Video available at http://ec4.ccide9597ag Kelly Moore,Senior Dept.Assistant