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Home My Public Portal AboutPlanning Board -- 2015-06-24 Minutes `\`��1�ullllHln�u!llpr�r�� Brewster Planning Board 4S' 2198 Main Street 00 =z a�Q ahs Brewster, Massachusetts 02631 n= (508) 896-3701 ext. 1233 IMAX(5o8)896-8o89 TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday, June Z4, 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,William Hoag, Elizabeth Taylor, Nick deRuyter, and Kari Hoffmann present. Staff present: Sue Leven; Victor Staley, 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 Board Discussion • Definitive Subdivision: 42015-08 -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 sign requirements. Application is out of appeal. Plan to be endorsed and signed. MOTION by Nick deRuyter to endorse Definitive Subdivision. Second by Bill Hoag VOTE: 6-0-1. Scott Collum abstains Judd - Inquires if a Board Member abstains are they allowed to sign the documents Leven -Advises that there are enough members to sign without the abstaining member • Reschedule November 11, 2015 meeting. Leven - November meeting now scheduled for November 11, 2015,which is the Veteran's Day holiday. Takes suggestions for new meeting date. Board agrees to move the meeting to November 18, 2015. e Board reviews minutes of May 27, 2015. Hoffmann - Only correction is the spelling of her name. Page 1 of 7 PB Minutes 6.24-16 draft.doo Ana Brady,Senior Dept.Assistant MOTION by Elizabeth Taylor to accept minutes of May 27, 2015 as amended. Second by Kari Hoffmann VOTE: 6-0-0 Board reviews minutes of June 10, 2015. MOTION by Elizabeth Taylor to accept minutes of June 10, 2015 as drafted. Second by Kari Hoffmann VOTE; 6-0-0 Topics the Chair did not reasonably anticipate; • Leven - Advised Board of a Special Permit application coming before the Board on July 22, 2015, regarding a sign at Maplewood Senior Living. Victor Staley has given Maplewood authority to put the signs up early since they have applied for a Special Permit and will be before the Board on July 22 2015. Encouraged the Board to go see it. • Judd-Acknowledged Victor Staley for correspondence on temporary construction signs since new sign bylaw went into effect. Correspondence was well done and direct. • Discussion regarding vacant Planning Board seat Leven - Stated that an email from Selectman was received regarding filling the empty Planning Board position. Judd - Received an email from the Selectman Liaison stating that the Board of Selectmen would like the empty seat for the Planning Board filled. Hoag- Agrees that Planning Board should be seven members. Questions if the Selectmen can require the Board to fill the position. Leven - Charlie Sumner believes that the Planning Board cannot willfully refuse to fill a vacancy. deRuyter-Agrees to have seven members. Was there a particular discussion not to fill the vacancy. Judd -- Board did not want to have discussion without Nick deRuyter. Taylor- Inquired if the process will be a joint meeting with Selectmen. Agrees that the Board should be seven members. Leven -Advises that it will be a joint meeting with Selectmen. Collum-Advises Hoag that the Selectmen cannot force the Board to fill the seat on the Board. Leven-Thinks that there may be a state law governing a full compliment Board. Judd- Inquires if November is next election Leven- May is next election Judd - Inquires as to advertising for position Leven - Selectmen will advertise Hoffmann --What is process to apply for position Leven--Advises that resumes, letters, phone calls are all acceptable Hoffmann -Are special meetings required for applicant review Leven-Various options are available. Board may request Selectmen attend Planning Board meetings or special meetings may be scheduled with Selectmen Page 2 of 7 PS Minutes 6-24-15 draft.doc Ana Brady,Senior Dept.Assistant • Stormwater Taylor-What is the status of Stormwater by-law Leven -Will contact Anne Kitchel at Horsley Witten to get next draft r NSTAR Judd - Requested update on NSTAR Leven - Advised that Paul Sellers was given the list of questions, however, he will be having surgery soon and he recommended that Patrick Ellis should be contacted to come to hearing in his place. Will contact him. Judd -Ask Board if they should advertise for the general public forum Board agrees to advertise • Cape Cod Commission Planning Tools Hoffmann- Sent Sue Leven the Cape Cod Commission Newsletter that has the new planning tools applications Leven - Explains Chronology Tool; Community Character; Envision Tomorrow and offered to demonstrate them to the Board 7:00 pm Public Hearing Continued Public Heariing_ • 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 VB Zoning Districts. In attendance:Andrew Singer, Esq.; Tim Brady; Chris Kanaga; Peter Haig Singer reviewed his summary of reasoning and referenced an updated packet of photos distributed to the Board and included in the Board's packet. Singer asked the Board to have a discussion regarding: 1) Site Plan Review under MA 40A, Ch. 3 2) Protected educational use He submitted new aerial photo and plan Singer noted the following as he continued presenting his summary of reasoning. • New building location on center of the property 360 ft. from north property line • New conditions plans • Site Permitting History • Building square footage • Cape Cod Commission letter • No residents in close proximity to the proposed building, neighbor to north is 550 feet away; west abutter 750 ft.; south abutter 600 ft. • Reviews use for the new building as being a practice area for the concert choral group • Reviews permitting history Page 3 of 7 PB Minutes 6-24-15 draft.doc Ana Brady,Senior Dept.Assistant • Setbacks will be met • They meet the standards of Article 12 of the zoning by-law • The project is not detrimental to the neighborhood,Town, or public. • There is nothing in the wetland buffer • Mixed use is suitable on this site • They are removing greenhouses and a portion of existing building and replanting the vineyard in that area • Singer referenced the landscape plan - screening for bike trail and nearest residence • They are not in the Old Kings Highway district • There will be no disturbance to the neighborhood • They will protect sound -- submitted architectural wall sample, layer of quiet rock which is used in acoustical recording sound rooms • Parking spaces were reviewed - proposed 32 spaces in front and more in back • Practice may take place weekday evenings and Saturdays 7:30 p.m. to 9:30 p.m. - 5 to b cars on site during typical rehearsal • No adverse effects on water • Building height will comply with by-law • Singer continued with site plan review standards o No exterior lighting (down lit back lights) o Proposed motion sensors, angled towards path o Dirt road will be widened to 20ft. to accommodate public safety vehicle access, low amount of traffic o Fencing to allow for wildlife Singer requests that the Board make findings that criteria for site plan is met and grant approval allowing proposal, Collum-Wants Board to determine if plans meet criteria for site plan review Hoag-Wants to hear from abutter prior to voicing his views Hoffmann-Also wants to hear from abutter Collum- Does the second building make the first building more non-conforming Judd - Requests Building Commissioner to approach and answer the question Staley-- Only thing before Board is the use under M.G.L. Callum - Site plan review includes all buildings on the site Staley-Advises that you can't include the first building because it doesn't fall under M.C.L. Singer- Reads Town Counsel's letter Hoffmann-- Requests explanation of storage buildings Taylor- Questions having two principal structures on one lot and noise buffering Staley- Based on the use, the number of buildings is not an issue per bylaws Taylor- Questions established landscaping and buffeting Singer- Explains state of the art building specs Hoag- Wants explanation of elevations and permit use, Sees problem with use. Believes it is a change of use issue. Kanaga- Building permits are from 1979 and are permanent structures Collum - Wants to hear from neighbor Paul Lucier Judd - Inquires as to fire hydrant on property. Can hours of practice be changed for noise control Kanaga -- Explains building specs on noise reduction and distance to closest neighbor Page 4 of 7 PB Minutes 6-24-15 draft.doc Ana Brady,Senior Dept.Assistant Singer-Agreeable to one year review after build Judd - Needs clarification on agricultural component and fencing Singer- Explains use of vineyard move Hoffmann - Needs clarification on vineyard being moved to the back of property and revegetation Haig- Reviews landscape plan Taylor-When is meeting with Conservation Committee Singer W- Wanted Planning Board approval first before amending application to Conservation Committee Judd - Requests information on handicap access and parking Haig- Update on handicap elevator access Taylor- Why is handicap parking is so far from building Singer- Will move to center Taylor- What are required parking spaces for two buildings Hoffmann --Website states 100 + members. Kanaga -- Marching Band is 100 + not members practicing in new building Open Public Comment In attendance; Attorney David Reid and Paul Lucier Reid - Questions Special Permit requested. Reviews permitting history and unlawful use of buildings. Asks the Board to deny application. Richard Zweig- Neighbor of Abutter Lucier Zweig- How big is 17,000 sq. ft.? Gives examples of large areas that are17,000 sq. ft.. is a building that size necessary? Should come under Cape Cod Commission review. Worried about noise. Singer- Reviews permitting history and Town's approval of all permits. Agrees property has convoluted permit history. Educational use is permitted, buildings on site have been permitted by Town, every aspect is being complied with. Where is the harm? Hoag- Does there need to be a variance for the frontage? Staley- M.G.L. allows use to be established regardless of frontage Hoag- Thinks proposal should go back to CCC Judd - Board can also request a discretionary review from CCC Hoffmann - Concerned about noise - fencing in the back of property along the Cape Cod Rail Trail de Ruyter- CCC knows of storage and educational use, where does it not comply Judd -- Questions conflicting square footage and area Hoag- Use is technicality, but needs to be resolved Judd - If discretionary review sent to CCC do we keep the meeting open Leven - If there is not a specific issue, CCC does not have to accept review Judd - Board agrees to keep use issues in house Collum-Agrees Hoag- Believes a new letter needs to go to CCC deRuyter - Believes burden of proof has been met Hoag-Agriculture use is not storage use; what is permitted in those buildings; need change of use Singer- CCC did not receive incorrect information; they made the determination based on facts Collum-Was CCC an administrative review Singer-- Reviewed by Jon Idman, Chief Regulatory Officer of the CCC Kanaga - Property has been before the Board several times since storage has been in buildings Page 5of7 PS Minutes 6-24-16 draft.doc Ana Brady,Senior Dept,Assistant Hoffmann - Provide emails to the Board that were sent to CCC Singer- The problem is permitting history; does CCC have jurisdiction over this property Leven - CCC requires a specific issue that you want them to review; they will not change local authority; they do not have jurisdiction over use. Advises Board not to close hearing Reid - Has email from Mr, Idman. If old building that is being replaced by the new building is not being used for the same use before and after, the new building does not have credit for the square footage of the old building. The new building needs a mandatory DR] referral, Reviews his permitting history. Requests Board not to close hearing. deRuyter- Wants definition for "greenhouse" and agricultural use. Collum - Reads definition of"greenhouse." Judd-Asks Board what specific questions Applicant needs to answer Hoag-- New letter from CCC. Has to have a change of use. Collum - Can this structure go on site Taylor- Issue with size of building deRuyter-- Fine with it Collum - On new site plan - add wheel stops on parking spaces; issue with fencing Hoag- Wants applicant to go to conservation first before Planning Board vote Taylor- Wants conservation to approve first.Wants new plan to show buildings removed and show new vegetation. Judd- New items for applicant to satisfy; Leven- Items listed: 1. Revised letter to Cape Cod Commission regarding change of use 2. Two principal buildings 3. Board okay with Staley and Town Counsel's opinion regarding principal structures 4. Size of building S. Wheel stops 6. What kind of action Board wants to take regarding fence 7. Amended application to Conservation Commission before returning to Planning Board 8. Final site plan to be submitted 9. VB zone delineated on the plan 10. Handicap parking Singer- Doesn't know anything different he can take to CCC Judd --Wants to keep use issue in house with building commissioner Collum -Agrees that Planning Board needs to keep it in house with building commissioner Leven --Will take Reid's letter from CCC and Singer's letter from CCC and ask Idman to explain the difference Judd -Will continue this hearing until July 8, 2015 MOTION by Scott Collum to continuance meeting to July 8, 2015. Second by Nick deRuyter. VOTE; 6-0-0 Topics the Chair did not reasonably anticipate Planning Board Opening Judd - Inquires as to Board of Selectmen meeting regarding applicants for Planning Board opening and appearing before them as a discussion item Page 6 of 7 PB Minutes 6-24.15 draft.doc Ana Brady,Senior Dept.Assistant Victor Staley- Housekeeping Items Staley- Laundry list of items for clarification of bylaws Judd- Board should start dealing with items Special Event Application Taylor- Need to discuss Special Event Applications submitted to Selectmen Leven - Will get the applications to Board by next meeting Brewster Pizza Taylor- Police were called June 10 to turn down noise Leven - They were called at 11:30 at night after they closed and the manager was there. Selectmen will address it on July 6 through entertainment license. Cape Sand Recycling Taylor- Overdue for review of revegetation. Judd -Water quality review before they open new section Leven - Permitted to do large area in pieces Taylor--They are to repair each section and have to revegetate as they go along. James Conrad Site Plan Review Special Permit- #2014-22 Applicant: James Conrad, Map 52, Lot 55 (formerly Map 40, Lot 2-83) 692 Great Fields Road, in the RM Zoning District,The applicant is requesting a Site Plan Review Special Permit pursuant to Massachusetts General Law's c. 40A, Sections 9 and 11 and the Town of Brewster zoning By-Law,Article X, Section 179-51 and Article X11 Section 179-66 to convert an existing accessory structure to an Art Gallery for the creation of handcrafted furniture. • Condition of permit requires review in one year (August 2015) relative to noise. Leven will contact and set up for one of the August meetings. Summer Vacation Judd - Let Sue know if you are going to miss any Planning Board meetings to make sure there is a quorum MOTION by Nick deRuyter to adjourn. Second by Kari Hoffmann. VOTE: 6 -0-0 Respectfully s mitted, r Nick deRuyter, Planning Board Clerk Page 7 of 7 PB Minutes 6-24-15_draft.doo Ana Brady,Senior Dept.Assistant