HomeMy Public PortalAboutPlanning Board -- 2015-12-16 Minutes Brewster Planning Board
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Approved: 3/30/16 TOWN OF BREWSTER PLANNING BOARD _
Vote: 6-0-0 WORK SESSION MEETING MINUTES --
Stormwater Bylaw and Regulations
Wednesday December 16, 2015 at 6:00 pm _
Brewster Town Office Building --
Chairman Richard Judd convened the Planning Board meeting at 6:00 pm in the Brewster Town Office
Building with members: Scott Collum, William Hoag, Elizabeth Taylor and Kari Hoffmann present.
Absent: Joseph Rinaldi
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."
6:00 pm Planning Board Discussion
• Michael Singleton —#2015-023 Site Plan Waiver: Change of use to add aesthetician to
existing chiropractic practice. Continued from December 9, 2015.
Judd — Does the Board have any questions?
Hoffmann — Did you get a response from the Building Commissioner?
Leven — If the Board grants the site plan waiver, the applicant still has to get special permit for the
aesthetician from Zoning Board of Appeals for change of use. An aesthetician is not considered a
medical provider. It is considered "personal service." The massage therapist is allowed under the
health care provider use.
Judd — Does the change in the use substantially change the property? Since the aesthetician is not
allowed in the zone, we have to look at the structure and any substantial change in the structure.
Leven —What the waiver provisions says is that if there is no substantial change to the site, the site
plan waiver can be granted. He would still need a special permit from the Board of Appeals for the
change of use.
Judd — No further comments from the Board. We can take a motion on the site plan waiver.
Hoffmann — Motion to approve the Site Plan Waiver. Second by William Hoag. Vote 6-0-0.
Singleton — Clarifies that he can now file with the Board of Appeals.
A motion was made by Scott Collum and seconded by Kari Hoffmann to go into executive session to
discuss strategy with respect to litigation if an open meeting may have detrimental effect on the
litigating position of the public body and the Chair so declares. Gloriae Dei Artes Foundation, Inc. v.
Richard Judd, et al.
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Ana Brady,Senior Dept.Assistant
A motion was made by Elizabeth Taylor and seconded by Kari Hoffmann to come out of executive
session into the regular meeting.
6:50 pm Board Discussion
Proposed Annual Town Meeting Article: The Public Hearing is being held for consideration of a
Bylaw amendment to be submitted on the Town of Brewster's Annual Town Meeting Warrant. The
proposed Zoning Bylaw amendment is as follows:
BYLAW AMENDMENT/Stormwater Management Bylaw
ARTICLE NO. ##: To see if the Town will vote to add a Chapter 173 of the Brewster Town Code by
adding new text.
Collum — Reads Summary of Stormwater Management Bylaw
Judd — Explains that the procedure will be that the Board will have a discussion, staff comments
read, public comments, finally any letters for or against or any other comments will be read.
Judd —Asks the Board for any comments.
Hoag —Waiting to hear from the public.
Judd —Any comments from any departments.
Leven — Met with Chris Miller. Conservation only has jurisdiction within the 100 ft. buffer. If there is a
commercial lot that has 100 ft. buffer through it, Conservation takes that portion and Planning Board
takes the other and we all aim for the same target.
Tom Vautin, 262 Sheep Pond Drive— President of Brewster Ponds Coalition. Reads letter from the
Brewster Ponds Coalition Board of Directors dated December 16, 2015. If the bylaw is intended to
minimize damages new construction no provisions for existing serious conditions. Why are we not
thinking about existing illicit connections?
Leven —Those are covered under another bylaw.
Vautin — SMP should be obtained quantity or quality seems vague. Who makes that determination?
On road improvement projects, how are private roads effected? What about roads maintained by the
Commonwealth?
Hoag — Commonwealth is under different stormwater bylaw not under this jurisdiction. Private roads
are covered under this bylaw.
Collum —Any disturbance to a private or public road fall under this bylaw.
Vautin —Approval of all projects. Has the town reviewed the workload associated with this? Is the
town prepared to handle this level of review. Is there a staffing and budgetary impact to the town?
Judd —There are some overlaps on jurisdiction. Conservation and Zoning enforcement.
Leven —The regulations which are associated with this bylaw include a provision for consultant fees
which would be paid for by the applicant.
Collum — Most projects will be in front of Planning Board anyway and will tie in with the building
permit. Stormwater runoff is always considered anyway.
Vautin —What about road improvement projects? There are two questions about exemptions.
Emergency conditions do occur and we feel that the bylaw makes clear the distinction between
emergency exemptions from the SMP administrative process which still require best management
practices for stormwater control particular to that situation. -
Hoag —That is a good point. We should look at that and possibly modify that.
Vautin —Also, regarding single and two-family houses, we suggest that "pervious surfaces" for
driveways be included since this is such a large contributor to off-site runoff. We also suggest that a
checklist be included as part of the building permit or septic system permit in order to provide
effective planning by the homeowners or contractors. One more issue is the issue that a plan applies
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to the entire project site, not just of the land area being altered. How does that apply to an addition
and would the owner be required to upgrade the entire property to comply with the regulations?
Collum —We are still working on that part of the regulations to be the site disturbance.
Vautin — If the Planning Board administers the regulations for projects or activities, unless they are
under the jurisdiction of the Conservation Commission, how would a septic system project be
addressed?
Judd —There are multiple jurisdictions that would overlap and they would dovetail with each other.
Vautin —Those are the concerns we had and we do support this.
Judd — Invites them to come back after the final revisions are done and give us your input.
Leven —Asks Anne Kitchell to speak.
Kitchell — Great comments from the Brewster Ponds Coalition. Regarding addressing existing
problems, this bylaw states that if you have a stormwater problem you have to fix it or upgrade it if
you touch it in any way. We could make redevelopment provisions make stronger and more stringent
to force better improvements.
Leven — We need to write this to be specific about existing conditions. This could possibly be an
amendment in the future.
Kitchell — Exemptions for emergency utility repair are consistent with state stormwater requirements
and what exemptions are in that. The language is boilerplate standard. We are open to modify
those.
Judd —We would have to define what is best management practice during an emergency.
Leven — Sometimes what qualifies as an emergency is a stormwater problem.
Collum —We can go through some of the other questions and comments on the letter.
Hoffmann — I think we should take the regulations portion of the letter off the table. This meeting is
about the bylaw not the regulations.
Judd —We'll keep to the bylaw at this meeting.
Collum —Applicability. The reason its written that way is because not all projects are going to have
the potential for stormwater runoff issues. Budgeting and Staffing. Will this be overly burdensome?
Judd — In many cases it will be pretty smooth but there will be exceptions to the rule.
Leven —The Board looks at stormwater runoff at the time of a Site Plan Review. There is really no
significant changes to what is happening now.
Hoffmann — Reads Applicability section.
Collum — Best Management Practices will go into the Regulations not into the Bylaw.
Vautin —The language "appropriate to the situation" should be inserted into the Bylaw.
Leven — It can be added but we will have to rework the section to include "appropriate to the
emergency situation."
Hoffmann — Under Purpose, can we address the fact that if there is a problem it has to be fixed?
Collum — It would be too broad and overreaching.
Leven — The issue is that emergency happens. When you have the opportunity to address the issue
you do it.
Judd — Do we have to be specific that it has to be over 2500 sq. ft. It has to be standardized.
Collum — Can you remind us of the jurisdiction of the Conservation Commission.
Leven —According to the Conservation Commission they don't have jurisdiction outside of their
parameters. There will be situations where Planning and Conservation will be permitting for the same
lot.
Judd — It would seem that there will be an overlap of jurisdictions
Kitchell —Wetland Regulations requires the Conservation Commission to oversee the stormwater.
Judd —There are going to be a little bit of all Boards involved.
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Collum —To simplify things, why can't the Board review all applications that aren't all under the
jurisdiction of the Conservation Commission. There will be so few projects that come in that are
totally under the jurisdiction of the Conservation Commission
Leven —We don't have the authority to take a project that is within the Conservation's jurisdiction
Taylor—We have applicants all the time that we tell to come back to us after they meet with
Conservation. But all towns fall under the State Wetland Regulations. We can talk about it but we
have no jurisdiction.
Judd —We can condition it upon Conservation's approval. Will reach out to Mike Tobin,
Conservation Commissioner for input.
Hoffmann Should we close the public hearing?
Leven — I suggest that we close this public hearing. We can always re-advertise and hold another
public hearing with the revisions.
Hoag — It should also be advertised in another venue so the public knows about it.
Motion to close the public hearing. Elizabeth Taylor moved. Kari Hoffmann seconds. Vote 5-0-0.
Topics the Chair did not reasonably anticipate
Leven —What does the Board think about filing the empty position on the Planning Board. There are
five months left before elections.
Judd —What are the Board's thoughts.
Hoffmann — Thinks five months is a long time and every applicant deserves a full board.
Collum —Agrees the Board should be full.
Judd —Agrees there should be an appointment.
Judd — Report from the citizen's forum relative to the Brewster Comprehensive Plan.
Taylor—Would like Bill Hoag to report to the Planning Board about the Visionary Committee.
Hoag — Details the meeting of the Visionary Committee.
MOTION by Kari Hoffmann to adjourn, Second by Scott Collum, Vote: 5-0-0.
Meeting adjourned 9:14 p.m.
Respectfully submitted,
Rice and Jud tanning Board Chair
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