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Home My Public Portal AboutPlanning Board -- 2015-05-13 Minutes \\\�\\\u�au u I r+rruunarui Brewster Planning Board k e�oR ate.Fes'% 2198 Main Street Brewster, Massachusetts 02631 ; _ (508) 896-3701 ext. 1233 _° FAX(5o8)896-8o8g `1/'/1k/1111111 f1i111111411W\\\\\\\\\,`,\ TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday May 13, 2015 at 6:30 pm 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,William Hoag, and Elizabeth Taylor, present. Absent: Jason Klump and John Leaning Other attendees: Hal Minis and Roger O'Day - 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 • Waiver Site Plan Review #2015-11, -Applicant: Brewster Conservation Trust (BCT), 36 Red Top Road, Map 14, Lot 11, (formerly Map 21, Lot 78) The Trust is proposing to change the use of the 56 acre former Hay property from residential to a small private office for a non-profit, educational organization. Hal Minis (President of BCT) and Roger O'Day (Trustee BCT) represented this application Minis summarized this project • Gave parcel history • House on property/4 acre building envelope/extinguish 2r1d building • Office space and central equipment location needed for BCT • Compact of Cape Cod Conservation Trusts needs office space as well and there is room available in the house • Intent to not alter the structure • 4-5 vehicle trips per day expected • Not open to the public/BCT monthly meetings to be held there • Will not alter relationship of house to surrounding area • Procedurally; Staff Review on 4/16/15; determination as educational use, not a business use. • Here for waiver of site plan Page 1 of 5 PB Minutes 5-13-15 Video available at http://ec4.colde88bbda Marilyn Mooers Senior Dept.Assistant Board Comments Taylor-no questions DeRuyter -no comment Collum-uncomfortable with waiver would support a full Special Permit oversight of use of property. Seems like a commercial use. O'Day- use (Educational) is allowed under Chapter 40A Section 3, and they are continuing with educational use Minis -just want to occupy house for offices and meetings Judd - could base waiver upon the narrative provided. Callum - concerned about what could happen down the road. Hoag - any other buildings on the property? YES, Hay writing studio and garage/ shed. Judd - Signage? Would want a sign at the driveway for BCT and Compact. In narrative 3rd paragraph, 2nd sentence -what would be the timing of future expansion of buildings and/or services? Minis- BCT will apply for new site plan review at that time Judd - How much parking would be needed for monthly meetings? Can be accommodated in circular driveway Collum - Is waiver for building envelope C? Only building envelope C, much of the remaining area is under Conservation Restriction MOTION by Nick deRuyter to accept the request for a WAIVER of Site Plan Review 20015-11 based on the narrative letter dated 4-7-15 and map presented showing building envelope C only (exhibit 1). Second by Elizabeth Taylor. VOTE. 5-0-0 • Release of Covenants, #2015-12, Applicant: Cape View Development, LLC, 0 Sachemus Trail, Map 78, Lot 137, (formerly Map 15, Lot 73) The applicant is requesting the release of 5 covenants connected to permits that were never exercised. Attorney Ernie Pettinari and Mark Smith • Old covenants connected to the prior permits issued for the property • Covenants go back to 1977; sub division plan approved • Letter presented details all covenants • A housekeeping matter to clean up/clear title. Board Comments Collum - reserves comment Hoag - no comment DeRuyter - what's the intention? Release to clean up the title Taylor - subdivisions have limited life span/covenants die with the subdivision. Asking for release to remove any doubt and clear the title. No open question on the title. Collum - reason for covenants so property is developed properly. Good with releasing this one. Leven - subdivision is more than 8 years old so it is dead Pettinari- prepared by title company, cloud on the title to be removed for further owners down the road. Page 2 of 5 PB Minutes 5.13.15 Video available at http://ec4.ce/de88bbda Marilyn Mooers Senior Dept,Assistant MOTION by William Hoag to Release the 5 Covenants requested in #2015-12, Cape View Development, LLC, 0 Sachemus Trail, Map 78, Lot 137, (formerly Map 15, Lot 73) as requested by Attorney Pettinari on 5-5-15. Second by Elizabeth Taylor. VOTE: 5-0-0. 7:16 pm Public Hearing (Continued from April 8, 20 1S) • 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. DeRuyer- Continuance request read into record; dated May 12, 2015 to June 10, 2015 MOTION by Nick deRuyter to CONTINUE #2015-01 to June 10, 2015. Second by Scott Collum. VOTE: 5-0-0 • Definitive Subdivision: #2015-08 -Applicant: Charles A. Doane, Representative: Steven Jones, Esq., for property located at 573 Long Pond Road,Assessors' Map 76, Lot 70 (formerly Map 26, Lot 67) in the CH Zoning District. The applicant is proposing to create a single commercial lot. Applicant will be requesting a waiver of all road layout plan and construction requirements and street sign requirements. Attorney Steven Jones gave a brief overview: • Lot created through a subdivision in 1973 • Providing access through addition of cul-de-sac to existing roadway easement • Waiver of road construction/design requested • Mr. Doane does not intend to use this lot Board Comments Hoag- pass DeRuyter-pass Taylor - looking at history, are there issues of use? Zoning Board of Appeals (ZBA) had previous issues. Jones -Victor Staley stated they cannot access a commercial lot over residential land unless they obtain a variance. The new owner would have to go back to ZBA for access. Taylor- intended to became/remain a commercial lot. See Victor's letter of 2011; send to ZBA. Conservancy soils and/or floodplain issues? Further discussion regarding change of floodplain mapping. Collum - There is a roadway easement but no road and a request for waiver of roadway construction. Variance must come from ZBA. Do we want another piece of commercial property in that area? i have a problem with waiving the road construction standards. Jones -Another owner would have to go through Site Plan and ZBA. Client not sure what the use will be. Collum - uncomfortable with waiver,wants road installed Leven - easement is not part of the lot. Hoag-Was this always a commercial lot/CH district? YES Jones - He got a Variance to run an auto repair business. Taylor- But that has expired? Yes. Judd - Lot 2 frontage -- can't figure the number of feet of frontage Page 3 of 5 PB Minutes 5-13-15 Video available at httpJ1ec4.cclde88bbda Marilyn Mooers Senior Dept.Assistant Hoag-how long has commercial property not been used? A number of years Jones - Steps that should have been taken, but were not. The Variance was not recorded in a timely manner thus variance use was legally discontinued. Judd - Extra buildings may not be conforming, looking at access and frontage. Taylor- Conservancy soils? Road to be built would impact conservancy soils. Jones - Zoning Agent is only concerned with building use not road use. Collum - Does the cul-de-sac include the 30' wide road easement. Jones - Cul-de-sac creates the frontage Hoag- Can we require this road to be up to standard for public safety. deRuyter - my question is on the sign requirements. Judd - are we willing to approve waiver froth road construction/road layout plan Hoag- feels like Site Plan could be conditioned Collum - question regarding the sign waiver. Jones - For the street sign in the future. Public Comment No one spoke to this issue Department Reviews Colum - Read into the minutes as presented in the packets Leven - Plan date must be corrected Mylar to be signed at the next meeting following end of the appeal period Collum- frontage corrections and street sign MOTION to close public hearing by Nick DeRuyter. Second by Bill Hoag. VOTE 5-0-0 MOTION by Nick deRuyter to approve Definitive Subdivision: #2015-08 - Applicant: Charles A. Doane, Representative: Steven Jones, Esq., for property located at 573 Long Pond Road,Assessors' Map 76, Lot 70 (formerly Map 26, Lot 67) in the CH Zoning District with requested waivers and the following conditions: 1) date of submission changed on plan 2) frontage dimensions corrected 3) change/add "street" sign to list of waivers Second by Bill Hoag VOTE 5-0-0 • Minutes MOTION by Nick deRuyter to approve the Minutes of March 11, 2015. Second by Scott Collum. VOTE : 4- 0-1 (Hoag) MOTION by Scott Collum to approve the Minutes of March 25, 2015. Second by Elizabeth Taylor. VOTE : 5-0-0 Page 4 of 5 PB Minutes 5-13-15 Video available at http://ec4.ce/de88bbda Marilyn Mooers Senior Dept.Assistant • Review of Results from Town Meeting Citizens Petition DID NOT pass • Thank You to John Leaning for his service on the Board • Topics the Chair did not reasonably anticipate Request more time for reviewing a Citizens Petition How submitted spelled out in State Law Issues regarding Special Events Venue Licensing- (Selectmen took over this process). Temporary process to be revisited after a year? E-mailing issue; do not make comments for/against, NEVER use "reply to ALL", seen as deliberation • NEXT MEETING: May 22, 2015 will be re-organization and new member MOTION by Scott Collum to adjourn, Second by Nick DeRuyter, Vote: 5-0-0. Respectfully submitted, Nick deRuyter, Planning Board Clerk Page 5 of 5 PB Minutes 5-13-15 Video available at http://eo4.Go/de88bbda Marilyn Mooers Senior Dept,Assistant