HomeMy Public PortalAboutPlanning Board -- 2016-01-13 Minutes Brewster Planning Board
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Approved: 3/30/16 TOWN OF BREWSTER PLANNING BOARD - --
Vote: 6-0-0 REGULAR MEETING MINUTES
Wednesday,January 13, 2016 at 6:30 pm v _
Brewster Town Office Building
Vice-Chairman Scott Collum convened the Planning Board meeting at 6:30 pm in the Brewster Town
Office Building with members: Joseph Rinaldi, William Hoag, Elizabeth Taylor and Kari Hoffmann
present.
Absent: Richard Judd
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
• Application for Site Plan Waiver; #2015-026 — Brewster Historical Society, Inc. —
Owner: Brewster Historical Society, Inc.; Representative: Steven B. Jones, for
property located at 739 Lower Road, Assessors Map 57, Lot 4 (formerly Map 17, Lot 1-
16) in the RL Zoning District. The applicant is proposing to reconfigure parking and add
additional parking spaces.
Steven B. Jones gives synopsis of parking lot reconfiguration.
Rinaldi — Clarify the size of the parking spaces.
Jones —All spaces are 10' by 20' size.
Rinaldi —Will there be wheelstops?
Jones —Adding posts with rope.
Taylor—Are you adding a new space within the conservation 100 ft. buffer?
Jones —Will talk with Chris Miller to see how to go about it.
Leven — If Conservation does not allow that space you will have to come back before the
Planning Board.
Jones — If Conservation does not allow that space can I just take it off the plan?
Leven —A letter would be necessary to remove it from the application to make it 20 spaces and
not 21 spaces.
Collum -Wheelstops are usually preferred. The Board prefers that parking spaces are
marked.
Taylor—We need a new plan showing the three additional parking spaces.
Jones — Large gatherings will require someone to show people where to park.
Rinaldi —Will there be signage in the back spaces? How will you stop people from betting
blocked in?
Jones — It will be employee parking and will be blocked off for employees only.
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PB Regular Meeting Minutes 1/13/2016
Ana Brady,Senior Dept.Assistant
Rinaldi — I would like to see some signage so that people will not get blocked in.
Leven — If the applicant goes to Conservation for the additional space and its approved then a
new plan needs to be submitted.
Jones — If Conservation approves the space, a new plan with the delineation of the spaces will
be submitted.
Hoffmann — Stacked parking was already approved?
Jones —Yes. There is no problem with putting cones in the back spaces for the staff.
Pat Busch (Audience member) —Wants to know if the Historic Commission has been involved
in this and if they have approved the plan. What about overflow parking?
Jones —They have approved the plan. We have agreements with two places. One is the
Lutheran Church and the other is the Brewster Baptist Church. We would direct people to park
at those places.
Collum — Previously there was an obstruction on the edge of the property that would prevent
parking on Lower Road.
Jones — There will be rocks placed there.
William Hoag makes a motion to approve the Site Plan Waiver. Second by Kari Hoffmann.
Vote 5-0-0
7:00 pm Public Hearing
• #2015-24 Applicant: Cape Sand and Recycling, LLC. Property is located at 1517
Freeman's Way and shown on Assessors' Map 131; Parcel 3 (formerly Map 45, Lot 72) in
the Industrial (1) zoning district. The applicant is seeking to modify a special permit
#2011-01 for a sand and gravel operation pursuant to Section 179-39 (Sand and Gravel
Operations) of the Zoning Bylaws and MA General Laws Chapter 40A Section 9 to begin
mining a new area.
Jay Merchant—Synopsis of plan with changes to vegetation
Leven — This is a new application amending his original Special Permit to allow for new property
that he is mining.
Taylor— Clarify new parcel that was purchased.
Merchant—The new parcel is 4.5 acres.
Taylor— Everything that you have mined is now revegetated?
Merchant— Its has been sloped, loamed and in spring the seed will go down. 90% has been
revegetated.
Taylor— So you are asking to open a new 5 acre parcel?
Merchant It's a continuation of the same area we are mining.
Chris Powicki —Asks Merchant to clarify the area that is being mined and the land that is
currently permitted. Is the operation currently in compliance with the existing special permit?
Has the operation moved over onto a new lot that is not covered by the existing special permit.
If it has, does the Town care?
Collum —The Town cares and that's why they have the bylaw. Mr. Merchant is in front of the
Board for a modification of his permit to open a new lot. Yes, it follows the character of the law.
Powicki — Is it compliant with the existing special permit? Has the operation moved on to a new
piece of property?
Merchant— Part of the negotiations with the Town was that if we obeyed all the rules, keep up
with the water quality, DEP, negotiations with Town Administrator, we can only do five acre
parcels at a time with the approval of the Planning Board and other boards.
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Ana Brady,Senior Dept.Assistant
Powicki —Where is the sand going? Is it beach erosion?
Merchant—Beach erosion, septic systems, the concrete plant and drainage projects.
Powicki — Is it appropriate to modify an existing special permit to move over a lot line or do you
need a new special permit for a new piece of land? This is a legal question.
Leven — It was not discussed with counsel and we are not legal counsel.
Powicki —What is the difference between revegetation and reclamation? The Town's bylaw
requires reclamation. Is revegetation reclamation or is reclamation a step beyond? The closure
plan requires reclamation as you move from one five acre parcel to the next. It is not clear.
That is why I'm bringing it up. Part of the question is, if there are open areas on the site or open
areas on the existing parcel that you have a permit, and if you move those areas then maybe
revegetation is okay. Is it okay to have two permits open at one time? I encourage you to look
into the legal questions because I think they are important. They are important from a
watershed protection perspective.
Hoag — Reads Bylaw 179, page 64 regarding reclamation.
Collum —An active operation plan allows that part of the five acres be revegetated before
moving on to the new five acres. Legally he can eliminate a lot line by filing with the Registry of
Deeds.
Powicki —The Bylaw specifically excludes eliminating a lot line.
Taylor— It has to come through the Planning Board to exclude a lot line.
Leven — No it does not if he has his attorney draw up a deed that qualifies as creating a single
lot.
Powicki — Section 179-39(c) says the elimination of lot lines after that date shall not increase
the area available for a special permit. It does not say you can extend an existing special permit
on to a new lot. You can't just blur out the lot line and just move over. Its an important legal
question. Can you extend a permit over a lot line onto a new property? A new permit requires a
new look at things.
Merchant— Before the meeting Powicki told him he was going to speak against his sand
operation.
Collum — Does the Board want legal counsel's opinion?
Rinaldi -We have a bylaw that we need to be compliant with. I can't make a decision unless
we are compliant with the law.
Hoffmann — In a previous discussion we decided that the Bylaw needed to be researched to
see if a modification was possible.
Leven -What was the Mayo property being used for?
Merchant— It was a wood lot, not used for anything.
Rinaldi — Can we fast track this issue for the applicant?
Leven — I will talk to counsel about this.
Merchant— So will I have to submit a new application?
Leven — I will get an answer from counsel.
Collum —We will keep the public hearing open.
Motion by William Hoag to keep the public hearing open. Second by Kari Hoffmann. Vote 5-0-0.
• #2012-08 — 235 Underpass Road — Discussion of proposed reconfiguration of parking.
Leven — Gives a synopsis of the owner's desire to reconfigure the parking lot. This is from the
building commissioner and he wants to know if the Board thinks this is a minor change. This
has been before the Board and was appealed by the abutter. There is a lawsuit pending
between the abutter and the owner.
Collum —The owner wants to square off the parking lot and add one space.
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Ana Brady,Senior Dept.Assistant
Leven — The Board may want to ask that he keep the same amount of spaces instead of adding
one to keep with the original permit.
Collum — Is he looking for a simple modification?
Hoffmann — If we make a decision will that impact the lawsuit.
Leven — The issue is that the parking spaces are moving.
Rinaldi — Google search shows that the owner is already using the spaces.
Collum — Does the Board think? Should he come before the Board for a waiver?
Taylor— He should come before the Board.
Hoag - The new proposal eases the traffic flow.
Leven - So you want him to make application to the Board?
Collum —Yes and we need a new plan.
• Brewster Coastal Advisory Group—Appointment of Liaison.
Collum —When do they meet and how often?
Leven — Nothing has been set up yet. The Group is going to help guide the development of the
Coastal Adaptation Strategy. It's going to be about a six month commitment. You will be
representing the Planning Board.
Collum —Volunteers to be the Liaison.
• Stormwater Bylaw and Regulations — Discussion of the draft Bylaw and Regulations
language.
Collum —Any comments from the Board?
Leven — I have comments from Bill Hoag and will go through those and print out a revised draft
by the next meeting. The Bylaw is done. It needs to be sent to the Selectmen on January 27.
Hoffmann — Brings Scott up to date on the revisions to the Bylaw. We set up deadline dates so
we know where we need to be prior to Town meeting.
• Approve minutes from 11/12/15; 11/18/15 and 12/9/15
Motion by Elizabeth Taylor to approve the minutes of 11/12/15. Second by Kari Hoffmann. Vote
4-0-1 Joe Rinaldi abstains.
Motion by Elizabeth Taylor to approve the minutes of 11/18/15. Second by Kari Hoffmann. Vote
4-0-1 Joe Rinaldi abstains.
Motion by Elizabeth Taylor to approve the minutes of 12/9/15. Second by Kari Hoffmann. Vote
4-0-1 Joe Rinaldi abstains.
Motion by Kari Hoffmann to adjourn. Second by Elizabeth Taylor. Vote 5-0-0
Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Richard Judd, Planning Board Chair
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PB Regular Meeting Minutes 1/13/2016
Ana Brady,Senior Dept.Assistant