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HomeMy Public PortalAboutPlanning Board -- 2015-10-28 Minutes Brewster Planiiiiig Board 2198 Mein Street Breivster, Massachusetts 02631 (508) 8g6-3701 ext. 1233 - '4 FAX(5o8)896-8089 TOWN OF BREWSTER PLANNING BOARD REGULAR MEETING MINUTES Wednesday, October 28, 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, Scott Collum, Joseph Rinaldi, Elizabeth Taylor and Kari Hoffmann present. 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 Chair introduces new Planning Board Member Joseph Rinaldi. • Application for ANR: #2015-22 Terry Ladd and Sandra Wells Ladd, (represented by Philip O. Scholomiti), 75 Paine's Creek Rd., Map 36, Lots 8 (formerly Map 22, Lots 59-11) seek to divide the existing lot into three lots ( two buildable and one unbuildable lot to be conveyed to Brewster Conservation Trust), Philip O. Scholomiti gives a synopsis of the application for ANR. Board discussions Hoag — Inquires about Parcel 6B — Is there no access to go back there? Judd —Advises that the property abuts the Museum of Natural History property. Hoffmann- Inquires if there will be any water runoff that will impact conservation land? Judd —Wants more detail on panhandle lot. Scholomiti - Explains the land size and the subdivision criteria for a panhandle situation. Judd — Calls for Motion. Motion to Endorse the ANR by Kari Hoffmann. Second by William Hoag. Vote 6-0-0. Planning Board Member Joseph Rinaldi not signing as his signature is not yet on file with the Barnstable County Registry. • Zoning Reform Bill — Discussion of sample letters regarding Zoning Reform Legislation Board Discussion Collum -- He will abstain from comment, he is uncomfortable with the issue. 'H JAH 2 32m, Taylor— Supports letter #1, but is comfortable with any of the letters. Page 1 of 7 [ PB Reguiar Meeting Minutes 10/2812015 I�t:� l� F�I1 Ana Brady,senior Dept.Assistant 4fj CLERK Rinaldi — He is not familiar with this issue. He will pass at this time. Hoffmann — She is comfortable with any of the letters and wants to know if it is possible to sign on to the August 1, 2015 group letter? She feels comfortable signing on with the group letter in order to show support. Hoag -- He also supports the August 1, 2015, group letter. Judd — He is not comfortable with the August 1, 2015, letter. He is uncomfortable with some of the language in the letters. Requests clarification from Sue Leven on voting for letter. Leven — Advises to make a motion to sign on to the August 1, 2015 group letter. Judd — Calls for a motion to endorse the August 1, 2015, group letter. Motion by Elizabeth Taylor to Endorse August 1, 2015 group letter. Second by Kari Hoffmann.. Vote 4-0-2. Scott Collum and Joseph Rinaldi abstain. • Minutes -Approve minutes from 10/14/15 Taylor— Liaison Reports need to be corrected to read: Taylor - CPC: Received one application for Spring Town Meeting. Annual meeting on October 28, 2015, at 4:30 p.m., would like anyone who is interested in applying for funding to come to the meeting. Hoffmann — She inquires if any dates were discussed or set regarding the Spring Town Meeting deadlines that the Planning Board needs to meet. Leven —Advises that there were no specific dates set. Collum — Regarding Stormwater Bylaw and Regulations: Thinks the minutes are not detailed enough. He believes these minutes are just a summary. Wants to know if the points come across? Do the minutes need to be more descriptive? Hoag —There is a video to fall back on. Collum — He wonders if these minutes relate back to the video properly. Hoag —The people can see who made comments. They can get the detail from the video. Taylor— The minutes need to reflect enough information so that someone reading them can understand what happened. Do these need to be more descriptive? Judd — Since we are going through a procedural aspect, it is pretty dry. It's not a give and take. He would have to look at the draft Bylaw in order to understand where we were at on the minutes. Hoffmann — Maybe if the reader had the draft Bylaw they could relate to the comments and to the section we were amending. Collum — He is fine with the minutes. Motion by William Hoag to accept the minutes. Second by Scott Collum. VOTE 5-0-1. Joseph Rinaldi abstains. Stormwater Bylaw and Regulations — Discussion of the draft Bylaw and Regulations language Board Discussion Judd — There is a memo of a conversation between Sue Leven and Anne Kitchell of Horsley Whitten regarding a number of issues the Board discussed. Wants to know if the Board looked over that letter. Board needs to go through the "Definitions" section. Leven —Advises the Board to pick up at "Definitions" Section 999.3. Hoffmann- Do we need to review Anne Kitchell's answers and go back and look at the sections she responded to before we start with Definitions. Page 2 of 7 PS Regular Meeting Minutes 10/28/2015 Ana Brady,Senior Dept.Assistant Hoag — She also asks questions, Judd —We should go through her responses. There were a lot of questions of work on unpaved roads. Chair reads Kitchell's answer No. 1 (see attached), Hoag — If the road is being brought back up to grade, why would you need a new permit? Leven — If there is significant cutting, filling or grade change, a permit would be required. Taylor—Will that language be added to the bylaw? Leven — She will check with Anne Kitchell. Judd — Goes to public hearing. Return to this issue after the public hearing. 7:00 pm Public Hearing • Eversource Utilitv Pruninct: Kyle Barry, Arborist with Eversource (formerly NStar) East will be reviewing their Vegetation Maintenance Program and Utility Pruning to take place prior to a public hear to discuss tree removal proposed on Route 6A. Kyle Barry gives synopsis of the Vegetation Maintenance Program and Utility Pruning. Leven —What is ISA? Barry — ISA is International Society of Arboriculture a widely respected organization and ANSI is the American National Standards Institute. These are widely used across the United States, They are incorporated into the Pruning Program. They provide guidelines on what to prune and how to prune. Board Discussion Hoffmann — How does Eversource arborists deal with Rt. 6A Historic District and scenic roads and the 25 foot span of trimming in terms of maintaining the character of the town. Barry —A lot of the old trees will not be cut off. We are looking for new growth. Sometimes there is deterioration and some are a hazard. Those trees will be trimmed. There is a lot of repeat trimming. As trees decline they may be cut a bit more. Collum - Do the arborists trim for the health of the tree? Do they take beautification into consideration? Barry — They aren't looking at the aesthetics. More for the safety or hazardous trees. Leven — Patrick Ellis the tree warden will not be here tonight. He did want to continue the hearing because he is still working with Eversource on surveying the trees. He wanted to continue the public hearing and continue the survey. Hoffmann - Eversource does the pruning every four years. Would it be beneficial to prune every two years? Barry —With a reduced time frame there would be a reduced span and we really need that 10' 10' 15' pruning zone. That decreases the reliability in the area particularly in winter storms. The 10'10'15' zone "eds to be maintal4nes! for that reaoon. Rinaldi - What aspects of safety do you go by? Who determines the safety issue and what branches are removed? What point in time do you determine that a tree needs to come down for public safety reasons? Barry — It's called the "shelf" when there are branches underneath the wires. Sometimes we do remove that. That would come under the hazard program. If there is anything wrong with those branches we will remove them. There are foremen than can be contacted in the area. There is usually a general foreman in the area, Rinaldi - Do arborists have a procedure that determines how and where they cut ? Barry — They are guided by the ANSI 8300 Standards. They use those standards for the health of the tree and for the safety of the residents. Page 3of7 PB Regular Meeting Minutes 10/2812015 Ana Brady,Senior Dept.Assistant Leven — Eversource is not responsible for tree safety in Brewster. They are responsible for the wires and their employees. They only trim for the clearance of the lines. They also contract other people to do the trimming. Is the 10'10'15' longstanding and has that been increased? Barry — This is the first time Brewster has the 101015'. The old standard was 8'8'12'. That has been in effect for about three years. Hoag — You will take down a major tree if needed, do you have a plan to replace it? Barry — Eversource will work with the Tree Warden on that. Collum —What was the pruning zone 7 years ago? Barry - The 8'8'12' was longstanding. That was a five-year cycle. We changed to a four-year cycle and the larger pruning zone. They changed that because of 2011 and 2012 winter storms and the loss of power, It was directly related to branches in the wires. We just couldn't keep up. Judd — Are we going to see tree pruning once every four years or does it go on continuously? Barry — The pruning is broken up into circuits. There are about four or five circuits. Eversource is doing two this year. Taylor— Wants replacement trees planted, Barry — There are some trees that can be planted that won't reach the power lines. Hoffmann —Wants the beauty of the trees to be taken into consideration. Collum — Eversource needs to submit the plan to the Town for the entire four years. Judd — Ask for Motion to close public hearing. Motion by Scott Collum to close public hearing. Second by Joseph Rinaldi. Vote 6-0-0 a Joint Public Hearina with Tree Warden: Hazard Tree Removal: Eversource Energy proposes to remove specific trees along Route 6A in the 552 and 577 circuit areas. As part of this process, a public hearing is required before the Planning Board and the Tree Warden. Information regarding the location and size of trees to be removed is available at the Planning Department. Judd — Tree Warden is not here so we will continue with Mr. Barry. The joint discussion cannot happen. Leven — We can still discuss this issue. Kyle Barry gives a synopsis of the Hazard Tree Removal proposal, Reviews map of trees to be trimmed. Board Discussion — Judd —Are they faster growing trees in wetter areas along 6A? Barry — Not necessarily. Most of the time the faster growing trees are in uplands. i-io ann — The L(ti g reii iuved bvcausu of over tdri ii i iii iy. YOU basic Ily 5aiil ll-idt yvu'i-C killing the trees by trimming them. So how are you going to replace the trees that your cutting? Barry — Eversource would be willing to work with the Tree Warden. We don't plan to replace the brush. We would be happy to replace the trees to keep the character of the town. There will be no cost to the Town, Rinaldi — Do you look at the 1" to 6" considered brush and the 6" to 12" trees? Barry — Most of the trees in the 6" to 12" size just sprung up on their own. By law, they are trees. Taylor— Will the larger sized trees that are being cut down be replaced? We have lost so much of the canopy but if we can keep some of the green trees also. Barry —We try to keep with the native trees for replacement. Some of the shorter growing species, like holly, they tend to not take over so quickly. Growing the right tree in the right place is key, Page 4 of 7 PB Regular Meeting Minutes 10128/2015 Ana Brady,senior Dept.Assistant Judd -- He would like a map with the tributary streets. Barry — Explains the list and addresses of the trees being cut down. Judd —Asks the Board if they object to hold off on the public hearing until the Tree Warden is present. Hoag — The procedural thresholds states that the Tree Warden has no jurisdictional authority. It's a State highway. Judd — The hearing will continue until November 18, 2015. Asks for a Motion. Motion by Kari Hoffmann to continue the public hearing until November 18, 2015. Second by Scott Collum. Vote 6-0-0 • Application for Site Plan Review Special Permit: #2015-21 -- Applicant: Brian Aussant, for property located at 2628 Main Street, Assessors' Map 89, Lot 14 (formerly Map 15, Lot 113-2) in the VB Zoning District. The applicant is proposing to open a classroom/teaching studio for health and wellness education. Brian Aussant and Corey Aussant co-owners of Karma give a synopsis of the application. Board Discussion Collum -- Is there any change to the parking? Brian Aussant — There may be some additional parking. Hoag — There is a dirt egress on the side. Is that going to change? Brian Aussant — Stephen Brown is planning to mow down the brush and clear it out. Hoffmann — Is the Annex also the Burgess building? Brian Aussant —We just changed the name from the Annex to Karma. Hoffmann — Is there handicap access? Brian Aussant —They are bringing the steps down and make it at grade so there can be handicap access to the building. Taylor— This is a question for Planning. That driveway is in bad condition. Does something have to change there? Leven — If you are removing the vegetation what happens when it rains? It may be worth discussing with Stephen Brown. Brian Aussant— Stephen Brown has gotten bids for the drainage problem. Leven —Will there be several programs going on at the same time? How many people will be there at once? Corey Aussant — One program at a time and probably 8 to 10 people in yoga. Leven —Are you going to be catering something? Brian Aussant — Not at this time. Judd — Is thele yuitty lu bu IluW liyliliity? Brian Aussant -- There will be a backlit sign but not adding light posts. Judd — There are guidelines and regulations so that is helpful to understand your sign. Brian Aussant---The lights will be in the letters of the sign. Judd — Is the refuse container a community container? Brian Aussant — It may be relocated between True Value and Karma. Hoag — The handicap parking is not delineated. Brian Aussant — They will be painted and there will be a sign. Hoffmann — What is the plan for the drain in the road? Will there be shared parking with the other businesses? Collum — Its all shared parking. They are all connected by a common driveway. Page 5 of 7 PB Regular Meeting Minutes 10/2812015 Ana Brady,Senior Dept.Assistant Judd — Does the application have to be changed regarding the parking? Leven — No. It's okay as it is. Its more of an informational issue. Taylor— Building Department said there should be a change of use. Leven — The change of use is Building Department's change of use for the building. Judd -- Should we review the Staff Comments? Leven —When the comments say "same as Staff Review" you will only receive the emails because Staff Review is confidential. Collum — Please explain what that means. Leven — If a particular department says to "refer to Staff Review comments." you will not get everyone's comments, only that department. Taylor— Reads Dept. Reviews from Health Department and Building Department Rinaldi — Reads Dept. Review from Police Department Collum — Reads Dept. Review from Conservation Commission Judd — Calls for Motion to close public hearing. MOTION by Scott Collum to close the public hearing. Second by Joseph Rinaldi. Vote: 6-0-0. Collum — Conditions that were mentioned during the discussion are the sign permit needs to be obtained from the building department and the Historic District Committee; if the dumpster is moved you need to notify the Planning Board; you need to tidy up the storm drain. Judd — The owner of the property should come before the Planning Board to discuss the storm drain. Collum — The storm drain issue was put into the Snowy Owl conditions. It needs to be put into these conditions also. It is an equal responsibility. Another condition is the handicap parking with sign and also wheel stops need to be installed. Brian Aussant — Not sure what they are. Collum ---They can be cement barriers, timber, cedar log, anything that delineates a parking spot Hoag — Does speech pathology require handicap access? Leven — That is a Building Code issue Taylor-- Is there going to be any other lighting? Brian Aussant —Would be nice to have lighting to bring attention to the site. We would like to have outdoor lighting. Taylor— It needs to be down lighting. It focuses the light toward the ground and not shine at your neighbors. Leven — The public hearing is closed and you cannot take any new information. Lighting is part of this plan and you put yourself at a huge liability not having any lighting on the property. Collum — Is there existing lighting? Brian Aussant —There is a light on the front porch that is on a toggle switch. Like in a residential area. We are IooKing to put lighting on a pole with lanterns. Leven — You will have to come back to the Planning Board for any new modifications. Brian Aussant — He does have lighting out there and is that existing? Can we change the fixtures out. Judd — Bring the Planning Board a lighting proposal within 6 months. Brian Aussant — Isn't the storm drain Stephen Brown's responsibility to take care of that? Judd — Since you are leasing the property you are also responsible for that. You have the responsibility to keep the customers safe. It sounds like there is already something in the works over there. Part of it falls on you. Brian Aussant -- Is True Value part of this? Leven -- They have their own parking. The exposed area is closer to you. You can go to the owner Page 6of7 PB Regular Meeting Minutes 10128/2015 Ana Brady,Senior Dept.Assistant and point out the fact that there is concern in getting that fixed. Judd -- Most property owners will want to work with you. We want to see a positive conclusion. Judd —Will take a motion on this issue. Motion by Scott Collum to approve the application with six conditions. Second by William Hoag. VOTE 6-0-0 Judd — Requests that the Board return to the Stormwater Bylaw discussion. Discussion begins with the memo between Sue Leven and Anne Kitchell. Judd — No Liaison Reports Work Session scheduled for November 12, 2015 at 6:30. Motion by Kari Hoffmann to adjourn the meeting. Second by Joseph Rinaldi. VOTE 6-0-0 Meeting adjourned at 9:18 p.m. Respectfully submitted, Richard Judd, Planning Board Chairman Page 7 of 7 PB Regular Meeting Minutes 10/2812015 Ana Brady,Senior Dept.Assistant