HomeMy Public PortalAboutPlanning Board -- 2015-08-12 Minutes Brewster Planning Board
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Approved 9/9/2015 TOWN OF BREWSTER PLANNING BOARD
Vote 4-0-0 REGULAR MEETING MINUTES
Wednesday,August 12, 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: William Hoag, Elizabeth Taylor, Scott Collum, Nick deRuyter and Kari Hoffmann
present.
Also present: Sue Leven, James Conrad, Chuck DeVito, Charles Sumner
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 Board Discussion
Informal Discussion-- Chuck DeVito
DeVito - Requests approval to put a "For Sale" sign on Drummer Boy Park at Rt. 6A, He has an easement
from the Town along the road in Drummer Boy Park to and from his house. Has had meeting with
Building Inspector and received approval. Was told he needed approval from the Planning Board.
Sumner- Explains the easement that was granted to DeVito.
Judd - Thinks this is a unique situation.
Taylor-A letter needs to be sent to Building Commissioner informing him that Planning Board allows
the sign.
Collum- Thinks the sign at the end of the toad is highly inappropriate. Sign needs to be in front of the
home. Highly inappropriate to come with the Town Administrator in tow.
Sumner- Explains that he is present because the property is Town property.
DeVito - Has same rights that any other property owner has.
Judd - Questions Board if there is a need for the letter.
DeVito - Explains placement of sign.
Hoffmann--What is timeline to take sign down.
Judd - To be removed when property closes.
Leven-- Reads code,
Judd - Will take Motion.
MOTION by Nick deRuyter to forward a letter to the Building Inspector to accept a house For Sale sign for
Rick Judd's signature. Second by Elizabeth Taylor. Vote 5-0-1. Scott Collum abstains.
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PB Regular Meeting Minutes 811212015
Ana Brady,Senior Dept.Assistant
Permit Review-James Conrad
Leven - Explains why there is a one-year review on permit- to see if there have been any noise issues.
Judd - Gives a synopsis of condition of permit.
Conrad - Explains his furniture business (permitted as an Art Gallery).
Collum - Has seen business and agrees it is in good order.
Leven - Board doesn't need to do anything. Mr. Conrad needed to check in and make sure there wasn't
any issue with noise.
Sara Ann Lane - Release of Lots 11, 12B and 13
John O'Reilly- Gives history of property. Lots 12A and 10 still under covenant.
Hoffmann - Clarifies that this is high density commercial area.
Board has no comments or issues.
Judd -Take a motion
MOTION by William Hoag to release Lots 11, 12B and 13 on Sara Ann Lane. Second by Kari Hoffmann,
Vote; 6-0-0
7:00 pm Public Hearing
• Site Plan Review Snecial Permit: #2015-14-Applicant: Jane M. Remy Living Trust Owner;
Jane M. Remy Living Trust; Representative: John O'Reilly for the property located at 2452 Main
St. and 0 Sachemus Trail,Assessors' Map 78, Lots14& 15 (formerly Map 15, Lots 14 & 1.5) in the
VB Zoning District. The applicant is proposing a 50 space parking lot. The existing paved parking
area is to be expanded with 30 spaces and a new entrance off of Sachemus Trail. Landscaping is
proposed. Waivers are being sought for space size.
Hearing was continued from July 22, 2015
John O'Reilly gave an overview of the project. Reviews new plan.
Hoag-Acknowledges that he signed the Mullin Rule Affidavit.
Hoffmann - Has questions about backing out into a road since bylaw does not allow that.
O'Reilly-- Moved spaces around to allow for backing up.
Hoag- Is concerned about traffic load on Wampum Rd.after development is built.
Collum- Supports three spaces per the new plan.
Hoffmann - Questions the size of the development.
Leven - Explains development and traffic pattern statistics.
Taylor- Has issues with backing up into the street.
deRuyter- Has no problem with the plan.
O'Reilly-Trying to make parking lot user friendly. Cleared shrubs for better sight line. Made plan with
three parking spaces instead of five.
Judd - Cannot support three spaces backing out onto street.
Collum - Questions Board as to who is against the three spaces. Majority of Board members are against
the three spaces.
O'Reilly- Has second plan on hand. Changes the parking spaces to two parallel parking spaces.
Hoffmann - In favor of two parallel parking spaces.
Taylor- Inquires as to size of spaces.
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Ana Brady,Senior Dept.Assistant
Hoffmann - Inquires if shrubs will still be removed in this new plan.
Judd -Asks Board for further comments.
Collum- Reads Attorney Freeman's letter into record regarding permission from owner of Sachemus
Trail to have cars parked in the right of way.
Judd -- Motion to close public hearing.
Leven -Advises that applicant still needs to go before Cons. Comm.
Singer- Board can close the public hearing and sign administratively.
O'Reilly- Doesn't want to come before Planning Board again if possible.
Leven- There are no plans to sign.
Singer-- Board can approve with a contingency that Cons Comm approves.
Board is fine with that.
Taylor- Asks if Police Chief has to review the new plan.
Motion by Scott Collum to close public hearing. Second by Kari Hoffmann, VOTE 6-0-0
Motion by Nick deRuyter to approve permit with contingency of approval by Conservation Commission
and new plan is presented for Planning Board signature. Second by Kari Hoffmann. VOTE 6-0-0
• Site Plan Review/Special Permit/ChanL-e of Use: #2015-16 -Applicant: Manuel Ainzuain:
For the property located at 2628 Main St.,Assessor's Map 89, Lot 14 (formerly Map 15, Lots 113-
2) in the VB and RM Zoning District. The applicant is proposing to operate a small batch coffee
roaster and Limited Service Restaurant to serve coffee and other consumables on site.
Ainzuain - Describes the use and look of the coffee shop.
Taylor-Wants description of washing room.
Ainzuain -Will have a three bay sink and a dishwasher,
Hoag- Concerned about zoning and outside seating.
Ainzuain -Will have planters and flower beds. Some seating and tables.
Judd-What are hours of operation.
Ainzuain - The hours will be from 7:00 a.m, to 7:00 p.m.
Judd- Inquires about lighting, music and parking.
Ainzuain - Describes lighting around the building. There are planters with lights that will reflect on the
building. Music will be for ambiance only. Will not disturb people who are reading or talking. The idea is
that no one will be able to park in front of the planters. Parking will be on the front grass and side left.
Might put a bike rack.
Hoffmann - Wants clarification of zoning. Property is RM and application says VB.
Judd - Department Reviews read into the record.
Ainzuain-Adding filters to water system.
Judd - Zoning issues with VB and RM zoning on plan,
Taylor- Wants explanation of lighting for the building.
Ainzuain -- It only focuses on the building. The sign lights will be on the building.
Taylor-- Need to condition no amplification of music.
Leven -- Brings up the Building Commissioner's department review on the split lot. Applicant needs to
reapply for RM zoning. Will need to readvertise for RM zoning. VB use in RM district, Restaurant limited
service is allowed in Village business District but not allowed in RM district. Thought herb shop already
did that. It did not.
Judd - Will have to legally readvertise this.
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PB Regular Meeting Minutes 8/12/2015
Ana Brady,Senior Dept.Assistant
Taylor- Only difference is seating.
Leven- If he removes the seating from the inside then Board can approve this and applicant needs to
readjust application for indoor seating. The Board can continue this matter until August 26, 2015, and
the Board can figure out new the new application and the timing.
Collum - Ask Applicant if he would like to continue the hearing.
Ainzuain- Requests a continuation of the hearing.
Motion by Nick deRuyter to continue this application to August 26, 2015. Second by Elizabeth Taylor.
VOTE 6-0-0.
• 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,Assessor's Map 138, Lot 43 (formerly Map
30, Lot 18) in the RM and VB Zoning Districts.
Hearing continued from July 22, 2015
Judd-Advises that member Bill Hoag has viewed the tape of the following meeting and signed the
Mullen Affidavit in accordance with the Mullen Rule.
Singer- Reviews application and gives a synopsis of the last meeting and presents a new landscape plan.
Board Discussion
Taylor-Why are handicap parking away from the new building.
Singer-There is one for each building.
Hoffmann - Cape Cod Rail Trail is a public way.
Singer- It has never been treated as a place for access.
Judd - Have the merits of the checklist been met. Requesting any new Department review comments.
Hoag- Does this still have to go back to Conservation Commission because of the 50 ft. buffer,
Singer-Yes since we have to have approved what we changed.
Reid - Gives a synopsis of his objections. Is the building design compatible with the surrounding
neighborhood? This is residential zone. The vineyard will create an enormous amount of noise early in
the morning. Requests copy of Singer's letter stating hours of practice.
Collum- Reads into record letter of support.
Hoag- Reads letter of support into record.
Taylor-- Reads Singer's letter stating rehearsal hours into the records.
Judd-- Bradford D. Lussier's letter is read into the record.
Hoffmann- Concerned about noise ordinance and appearance of the site.
Leven- Per Brewster Police, noise bylaw is not enforced for permitted use.
Judd - Environmental Performance Standard that would cover the noise issue.
Collum -Asks the Board if two principle structures are appropriate on the property. Does the building
meet the criteria for education use? What about it being in a residential zone? Does the Building fall
within the intent of the bylaw by the property being in a residential zone.
Taylor- Not in harmony with a residential neighborhood.
Collum- Looking at the entire site how far do you want to go? Not in favor of project,
deRuyter- Is in favor of this project.
Judd - Questions Peter Haig regarding the green houses.
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PB Regular Meeting Minutes 8112/2015
Ana Brady,Senior Dept.Assistant
Haig- Gives synopsis of history of property.
Judd - Requests Singer explain how this project is in harmony with the neighborhood.
Singer- Explains 40A,§3 and permitted uses under that bylaw.
Haig-- Further explains buildings on property.
Reid - Clarifies rehearsal schedule.
MOTION by Scott Collum to close public hearing. Second by Nick deRuyter, Vote: 5-0-1
Kari Hoffmann abstains.
Board Discusses Conditions:
Leven - Requests Board consider findings for decision.
Judd - Requests Taylor give input on conditions
Taylor--Will help with conditions but not in favor of project
deRuyter- Stay within rehearsal times for noise
Hoag-- Conservation Commission has to rule in favor; no noise before 8:00 a.m. from agricultural
business, one year review from occupancy from noise; remove barbed wire; standard rehearsal schedule
remain as stated.
Singer-As far as agricultural noise, except for emergencies.
Collum - Doors and windows closed while practicing; no part of structure be used by anyone or company
that is other than educational organization; do not rent to anyone that is not an educational organization;
Board or any board in future will not support transfer of structure to any individual, organization or
company for any purpose other than educational use.
Leven - Board cannot restrict who applicant sells the building or property to.
Collum-Allowing the building to be built, for future Boards to understand, this Board allows this
building to be for exclusive educational use.
Taylor-- In perpetuity.
Singer- Use the language that the building shall be used for a 40A§3 use.
Collum - Don't want entire site to keep growing commercially in a residential zone. Board does not
support further growth of commercial development on the property.
Taylor- Include truck bay doors being closed.
Judd - Established rights of neighbors. Not in favor of 10:00 p.m. practice cutoff in RM zone.
Singer- Noise concerns can be remedied by hiring a sound consultant to study decibels during practice.
Judd - Reviews conditions and findings. Need draft Decision to review before vote.
Levert - Deliberations will continue at next meeting beginning at 6:30 p.m. Vote will be at next meeting
on August 26, 2015.
Motion by Nick deRuyter to draft a Decision for August 26, 2015 meeting. Second by Scott Collum,
VOTE 5-0-1. Kari Hoffman abstains.
Motion by Kari Hoffman to move the remaining items on the agenda to next meeting, Second by Nick
deRuyter. VOTE 6-0-0.
MOTION by Kari Hoffmann to adjourn, Second by Nick deRuyter, Vote: 6-0-0.
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PB Regular Meeting Minutes 8112/2015
Ana Brady,Senior Dept.Assistant
Meeting adjourned 10;30 p.m.
RespectfullAmi
Nick deRuyter, Planning Board Cleric
i
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P8 Regular Meeting Minutes 8112!2015
Ana Brady,Senior Dept.Assistant