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Home My Public Portal AboutPlanning Board -- 2015-07-08 Minutes Brewster Planning Board "okr0a aW 9,, 2198 Main Street Brewster, Massachusetts 02631 o _ N` (5o8) 896-3701 ext. 1233 r =rpt y= FAX(508)896-8o89 Approved: July 22, 2015 TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES Wednesday July 8, 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 Callum, William Hoag, Elizabeth Taylor,and Kari Hoffmann present. Absent: Nick deRuyter 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 Stormwater By-law and Regulations - Discussion of current draft of the proposed Stormwater Management By-law and Regulations with Anne Kitchell from Horsley Witten Kitchell - Last revised draft was June 30, 2015. There were minor changes based on last discussion. The significant change related to regulations and performance standards for post construction to match draft permits EPA is trying to pass. Draft has flexibility for redevelopment. BOARD DISCUSSION Collum- Requests information regarding basis for fees. Kitchell -Allows applicant to pay for engineering peer review. Leven- If more than one application is involved there would only be one fee. Kitchell - Will it add additional review burden or length of time? Judd-- There are times when a professional will need to review. Leven- Makes allowance for consultant fees if required. Callum- Stand alone application $400 is okay. Hoffman - Requests clarification if$400 is applied to consultant fee. Leven -Application fee is for a specific purpose; consultant fee is separate. Hoag- Can Planning Board supersede Cons Comm decision? Leven - Change wording to allow Planning Board to review Conservation Commission application. Taylor- Does Planning Board review Cons Comm application for planning issues? Leven- Conservation Commission has jurisdiction the entire stormwater site if it falls within their jurisdiction and Planning Board reviews rest of site. Judd - Suggests representative from Cons Comm attend meeting to discuss the issues. Page 1 of 4 PB Minutes 7/8/2015 Ana Brady,Senior Dept.Assistant Taylor- How is Cons Comm responsible for the whole site if wetlands are only on one portion of site. Leven - Will check with Jim Gallagher, By-law is under a much tighter timetable. Regulations can wait. Judd - Need to get By-law before the Selectmen. Need to go through By-law and then address regulation. Hoffmann - Needs to get a timeline in order to present By-law for Warrant at Town Meeting. Leven -August 17, 2015,will be the closing of the Warrant. Hoag- Does a By-law need to be presented with Regulations? Leven- Language in By-law needs to be set in order to go into Warrant Kitchell - Is By-law applicability written they way Planning Board wants it. Hoag- Cons Comm really needs to look at this before it goes to Selectmen Judd - Requests going through By-law and close it up. Board discusses word changes. Taylor-What is the timeline to develop regulations? Leven- Have regulations pass prior to By-law takes place. Effective date of Town Meeting. Collum -Will By-law pass without regulations? Leven- Suggests a public hearing at first Planning Board after Town Meeting. Board discusses definitions of words in By-law Judd - Is there a point where Cons Comm holds a clear jurisdictional enforcement? Leven--Wordsmithing is necessary on several items. Taylor- What is Cons Comm enforcement detail? Is it the same By-law and Regs? Leven - It is the same By-law and Regulations Judd - Advises Board to close out By-law Hoffmann - States that Planning Board needs to talk to Cons Comm first. Leven- Wants to send corrected version of By-law to Jim Gallagher, Victor Staley and Pat Hughes to look over. Will have By-law available at Conservation Day. Judd - Inquires of Board if they have more questions. Leven - Requests the Board make notes on Regulations and email them to Leven. Kitchell will have a chance to review and address the issues next time. Hoffmann - Inquires about timeline to make sure Board has completed to do list. Will Cons Comm be at meeting? Leven-Will inform of Cons Comm comments. Cons Comm may want to meet first. Judd - Board agrees that a work session will take place on 7/29/2015 at 6:30 p.m. Leven - Details Conservation Day on Saturday, July 11, 2015. Continued Public Hearing • 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. Hoag- Reads letter from Andrew Singer, Esq. requesting continuance and requesting Town Counsel attending the next meeting. Board agrees that Town Counsel's presence is not required. Page 2 of 4 PB Minutes 7/812015 Ana Brady,Senior Dept.Assistant MOTION by Elizabeth Taylor to continue hearing to July 22, 2015. Second by Bill Hoag. Kari Hoffmann abstains. VOTE: 4-0-1 Planning Board Liaison Discussion CPC- Elizabeth Taylor WQRC- Elizabeth Taylor ZBA- Scott Collum CWPC- Elizabeth Taylor Open Space Committee - Elizabeth Taylor Checklist for Plan Review Leven - Distributed checklist for applications. Explained procedure of checklist and how the Board should make decisions based on applicant's submissions. Judd - Explains efficiency of checklist tool regarding prior applicant's responses not answered on checklist. Leven - Unclear answers will be addressed in narrative on application. Checklist is a course to stay on while reviewing an application. Judd - Good tool to keep on task. Special Event Application Judd -- Open to Board for discussion Taylor- Originally trial run. Does Board need to look at zoning changes? Hoag-- Have any applicants not been permitted? Jillian Douglass-All have been approved Leven -Application was meant for a one-time event, not an every day event every week for 10 weeks. Hoag- Needs to be more restrictive, people are trying to get around the zoning issue. Collum - Seasonal community needs availability to have special events. Selectmen need to regulate the frequency of events. Douglass -- No complaints known. Hoffmann - What defines a Special Event? What is the process without the rules? Taylor- Do we need to look at underlying events in certain areas? Application not working as presented in the beginning. Judd -- Reads description of Special Event definition. Hoag- Number of days. )Frequent vs. infrequent Judd - Meant to boost off season. Defacto business. Approval of Minutes MOTION by William Hoag to accept Minutes of June 24, 2015. Second by Elizabeth Taylor. VOTE: 5-0-0 Topics The Chair Did Not Reasonably Anticipate Maplewood Renaissance Complaint filed regarding possible violations of the conditions of construction set up by the Cape Cod Commission. Propane tanks being buried and treatment plant being constructed. Page 3 of 4 PB Minutes 7/8/2015 Ana Brady,Senior Dept.Assistant Building Commissioner met with applicant and abutter's attorney on-site. Working out issues regarding what is and is not permitted under the conditions of the Commission decision. NEXT MEETING: July 22, 2015 MOTION by Kari Hoffmann to adjourn, Second by Elizabeth Taylor,Vote: 5-0-0. Meeting adjourned 9:27pm. Respectfully submitted, Nick dA yter, lanning Board Cleric Page 4 of 4 PB Minutes 7/8/2015 Ana Brady,Senior Dept.Assistant