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HomeMy Public PortalAboutPlanning Board -- 2016-04-27 Minutes Brewster Planning Board r.f0 F��s°' 2198 Main Street a" Brewster, Massachusetts 02631 (508) 896-3701 ext. 1133 FAX(5o8)896-8o89 .' Approved: 11/9/16 Vote: 5-0-1 TOWN OF BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, April 27, 2016 at 6:30 p.m. Brewster Town Office Building Chairman Rick Judd convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members: Scott Collum, William Hoag, Elizabeth Taylor, Charlotte Degen and Madalyn Hillis-Dineen. Kari Hoffmann was absent. Also present: Ana Brady, Senior Department Assistant 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 Public Hearing CONTINUED Site Plan Review Special Permit: #2016-04— (Continued from April 13, 2016)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 RR Zoning Districts. The Applicant is requesting 1) a Site Plan Review Special Permit in accordance with Article XII of the Brewster Zoning By-law ["Zoning By-Law"] and 2) a Dimensional Special Permit in accordance with Section 179-25(B) of the Zoning By-Law and M.G.L. Chapter 40A, Section 6, in order to replace two greenhouses and a portion of a building at the rear of the property (all used for storage and totaling 7,263 sq. ft. to be removed) with a new 17,170 sq. ft. building (including truck bay) with partial second floor and no basement (for a net increase of 9,907 sq. ft. of building area) in the center of the property to be used for non-profit arts education, storage, and repair and maintenance of materials as permitted under M.G.L. Chapter 40A, Section 3. Documents Referenced: • Testimony of Andrew Singer submitted on behalf of Applicant Gloriae Dei Artes Foundation, Inc. • Site Plan and supporting documents previously submitted on behalf of Applicant Gloriae Dei Artes Foundation, Inc. • Department Review Comment Form regarding the application of Gloriae Dei Artes Foundation, Inc. • 4/26/16 letter from Attorney David Reid regarding the application of Gloriae Dei Artes Foundation, Inc. • E-mails from Judy Beavis, Annmarie San Fillipo and John Ohmen submitted to the Board regarding the application of Gloriae Dei Arles Foundation, Inc. • Letters from Peter Rush, Aggie O'Brien, Edward Lewis and James Bombanti regarding the application of Gloriae Dei Artes Foundation, Inc. Andrew Singer, Chris Kanaga, Peter Hague, Tim Brady and members of the Spirit of America Winter Percussion Ensemble were present on behalf of the Applicant. Page 1 of 6 PB Minutes 04/27/2016 Singer provided the Board with a written copy of his testimony. Singer stated that denying this application because the structures on site have more than once principle use would be unreasonable. Singer stated that the proposed alterations to the site would not be substantially more detrimental to the neighborhood than the existing nonconforming use. Singer referred the Board to Brewster Town Counsel's Legal Opinion dated April 19, 2016 and asked the Board to consider that opinion. Singer asked the Board to consider that the proposal is for children's education in the area of music and that the proposal has many supporters some of which have submitted letters of support since the last hearing. Degen: Asked the Applicant why a new building was necessary when there were so many other buildings on the property that could be used for the intended purpose. Degen also asked if the greenhouses could be retrofitted. Singer responded that none of the current buildings on the site could be used as rehearsal space. He further stated that the buildings were in bad shape and were not large enough for rehearsal space. Singer stated that the buildings could not be retrofitted. Kanaga: Responded that he has looked for other space in Brewster and Orleans but there is no other space as large as this space where a building could be erected without being within 500 feet of a residence. He stated that there is no other space appropriate for the building size and use. The southern part of the building would be constructed to be the size of the band's competition venue space. Hillis-Dineen: Requested information regarding an issue with the Fire Department. She noted that there is no water supply on site other than wells and there are no sprinklers on site. Further, the Fire Chief has requested a sprinkler system be installed. The Applicant responded that there was no plan to install a sprinkler system at this time and that that condition would be appealed to the Automatic Sprinkler Board of Appeals. If that Board decided a sprinkler system was needed, the Applicant stated that they would oblige by that ruling. Hillis-Dineen: Asked about the vegetation plan because she walked the bike path and was able to see greenhouses and people unloading from the bike path. Hillis-Dineen asked whether the new building would be visible from the bike path and the Applicant responded that it would not be. Singer referred the Board to the Landscape Plan for specific information. Taylor: Asked where the nearest fire hydrant was located. The Applicant responded that it was on Route 6A and Taylor asked what the response would be to a fire. Kanaga noted that the building was a steel structure with a concrete floor and little flammable material. Singer stated that a fire brigade would be used in the case of a fire. Hoag: Asked Town Counsel, Sarah Turano-Flores, to clarify pan- handle lots and the use provisions associated with them. Turano-Flores responded. Collum: Asked when the greenhouses were allowed to become storage units. Singer responded that there was a document in the building department file from 1995 stating that the greenhouses had been used for storage for"a number of years". The Applicant stated that the greenhouses are 12' to 15' high. Judd: Inquired as to the hours of rehearsal for the winter percussion ensemble. The Applicant responded that the rehearsals would take place on Fridays from October to December from 7:30 p.m. to 10:00 p.m. and on Saturdays from October to April from 8:00 a.m. to 7:00 p.m. It is expected that there will be 25 children and adults during rehearsal and they will carpool with an estimated 5-6 cars. Department Review comment from Nancy Ellis-Ice read into the record. Hearing opened to the public for comment. David Reid and Paul Lucier appeared and opposed the application. Reid: Clarified his position on behalf of Lucier and stated that he believed the Applicant was eligible to apply for a Special Permit but does not believe the Applicant is eligible to receive a Special Permit. Reid stated that the Applicant does not meet the predicate for use because the site was never conforming or grandfathered in and given protected status. Reid referred to his letter dated April 26, 2016 and asked whether the Board had received it. The Board received Attorney Reid's letter. Page 2 of 6 PB Minutes 04/27/2016 Reid: Suggested the Board consider the Fire Chief's comments on the sprinkler system and further stated that it is the Board's responsibility to consider the sprinkler system under Special Permit review. Reid referenced the Dover Amendment and told the Board that it was applicable in this instance. Reid noted that there was no lawful change of use regarding the greenhouses changing from agricultural use to storage. Peter Hague, Architect for the Applicant, addressed the Board and noted that the Applicant has made changes to the proposal in consideration of Lucier's property. He further stated that changes were made to reduce any noise and the chance of neighbors hearing the rehearsals. Hague stated that the proposed location of the building on site is the best location to limit any noise or vibration felt at neighboring properties. Meredith Pearson, a resident of Widgeon Way addressed the Board. Pearson stated she did not attend the April 13, 2016 meeting but watched the video. As a resident of Seaview, she is concerned with this project and believed it is a complicated proposal. Pearson is opposed to replacing a nonconforming building with another nonconforming building. Pearson stated that she walks the bike path each day and the current building is an eye sore. Pearson stated that in her opinion, the band is not an educational program and it is possible that the program does not fall under an exemption. Pearson further stated that if the proposal goes forward, fire safety should be considered to keep the young people rehearsing safe. Pearson questioned why a 17,000 square foot building was needed for storage purposes. Pearson also stated her concerns with noise coming from the rehearsal venue. Pearson suggested the Board aspire to a more proactive approach with these type projects in town. Dan Pfeiffer, an Orleans resident and a member of the percussion ensemble for the past 10 years addressed the Board. Pfeiffer stated that marching band and pageant arts are educational and stating otherwise would be an oversight. Pfeiffer noted that it has been a tremendous educational and formative experience. He also stated that the project is a proactive step in improving the visual impact of the site. Chris Kanaga addressed the Board. Kanaga stated that if the project is not approved the "ugly" and eye sore people have referenced will remain. Kanaga noted that the proposal is a huge improvement over what is currently there. He also noted that the lighting would be changed as requested by Lucier. Singer: Noted that the Seaview residences are 700-1000 feet away. Singer further stated that the site is currently an industrial site so the proposed change to the site will not affect the noise level. Singer referred the Board to photographs he took in the winter so the Board had an idea of what the view would be in the winter. Singer reiterated that the Building Commissioner issued a letter over a decade ago, that was not appealed stating that the Applicant was operating under nonconforming use and if the Applicant wished to make any changes they should go through the Special Permit process. Singer stated that the Applicant is currently engaging in that process. Singer reminded the Board that the Applicant is a non- profit education group and they have submitted their charter stating that fact. Jon Rolf, a resident of Seaview addressed the Board. Rolf noted that he has a background in music. He also stated that he has concerns about the band's moving vehicle, specifically its size. The vehicle is bigger than an 18-wheeler truck. Rolf stated that he likes parts of the proposal especially removing the greenhouses but has concerns that the musical aspect is only for a part time use and is not sure what else will be happening on the site. Additionally, Rolf noted concerns with the number of buildings on site. Singer addressed Rolf's concerns. Hoag: Read e-mails into the record from Judy Beavis and Annmarie San Fillipo in support of the Applicant's proposal. Collum: Read letters into the record from Peter Rush and Aggie O'Brien in support of the Applicant's proposal. Taylor: Read an e-mail into the record from John Ohmen in support of the Applicant's proposal. Page 3 of 6 PB Minutes 04/27/2016 Degen: Read letters into the record from Edward Lewis and James Bombanti in support of the Applicant's proposal. Judd: Reminded the Board to review their checklist for any additional questions for the Applicant. Paul Scheffler addressed the Board opposing the Applicant's proposal due to the potential noise it will create. John Kanaga addressed the Board. Kanaga stated that he has an interest in the property but not the project. He asked the Board not to let bigotry cloud their decision and noted that he himself is not a member of the Community of Jesus. Meredith Pearson addressed the Board again and wanted to clarify that she was not saying negative things about the program. Pearson further stated that there is a legal definition of education and she is not sure this program meets that definition. Collum: Stated that he researched educational uses and found that licenses were not needed if you are educating students through a non-profit after school program. Collum stated that he believes the program falls under an educational use. Judd: Requested the Applicant address the lighting scheme on the property and the Applicant responded and noted that the lights would not be on all night and were being set up as motion sensor lights. Judd: Requested information on the band's travel schedule including when the moving truck would arrive and the schedule for when the truck would be moving around the property. The Applicant responded. The Board discussed the press business on site and its protection under the Dover Amendment. Sarah Turano-Flores provided her opinion to the Board. Turano-Flores addressed the Board. She reminded the Board that they are reviewing the number of buildings under Site Plan Review and the dimensional limitations under the Special Permit Review. Kanaga addressed the "closed community" issue and urged the Board to look beyond that in its review of the Applicant's proposal. Kanaga further discussed the educational benefits of the program. Judd: Asked if any members of the band had received scholarships to pursue music. Kanaga: Stated that some members of the band had received scholarships for music and one member became part of the Marines music band. Motion by Hoag to close the public hearing on Site Plan Review Special Permit: #2016-04. Second by Degen. Vote: 6-0-0. Motion by Collum to continue Site Plan Review Special Permit: #2016-04 to May 11, 2016 for discussion and deliberation by the Board. Vote: 6-0-0. CONTINUED Site Plan Review Use Special Permit: #2016-05— (Continued from March 23, 2016) Applicant: Jeffrey Drown for property located at 25 Black Duck Cartway, Assessors' Map 10, Lot 59 (formerly Map 38, Lot 72) in the RR Zoning District. The Applicants are seeking a Site Plan Special Permit and Use Special Permit for construction of a two phase, 250 kW ground mounted solar array. Documents Referenced: • Site Plan and supporting documents previously submitted by Jeffrey Drown Jeff Drown: Updated the Board and stated that a new site plan was submitted to the Board. Hillis-Dineen: Asked the Applicant about new legislation regarding net metering. Drown: Explained his interpretation of net metering. He further stated that he currently has 200 amps service, which will be upgraded to 600 amps in Phase 1 of his project. Taylor: Questioned the new site plan and noted that certain requests the Board made are missing. Page 4 of 6 PB Minutes 04/27/2016 Drown: Responded and explained that he provided an updated plot plan with a 50' setback and reviewed the checklist items as instructed previously by the Board. Hoag: Noted that the vegetation clearing is missing from the site plan. Drown: Responded and provided detail on the vegetation plan. Taylor: Stated that she doesn't believe there is enough information in front of the Board to issue a permit to Drown. Judd: Reviewed additional detail for the site plan with the Applicant. Drown: Noted that he spoke to Chief Moran about the high voltage sign and the split rail fence that was part of the proposal submitted to the Board. Judd: Stated that before a permit could be granted, another meeting would be necessary due to missing information on the site plan. Collum: Reviewed additional information needed on the site plan. The Board further discussed information to be added to the site plan with the Applicant including fencing and vegetation. Taylor: Expressed concerns regarding the split rail fence and asked whether that type of fence provided enough security. The Board reviewed other fence options and noted that this was Drown's private property and the Fire Chief had expressed that this type of fence was appropriate for this project. The Board further discussed the vegetation plan. Motion by Hoag to continue Site Plan Review/Use Special Permit: #2016-05 to May 11, 2016. Second by Collum. Vote: 6-0-0. Planning Discussion Informal Discussion-Ocean Edge Documents Referenced: • 12/29/11 letter from Planning Board to Ocean Edge Bill Hoag recused himself from the discussion because he is an employee of Ocean Edge. Brian Webb, Resort Manager, introduced himself to the Board and explained that Ocean Edge is requesting special consideration due to a large customer event. He further stated that Ocean Edge is requesting permission to use bigger tents than are currently permitted, changing the length from 120' to 180'. Collum: Read December 29, 2011 letter from Planning Board to Ocean Edge into the record. The Board decided the Special Permit should be modified and that a Public Hearing should take place regarding the modification. The Board suggested the Applicant visit the Board of Selectmen for a Special Event Permit in addition to modifying the Special Permit through the Planning Board. Review of Meeting Minutes The Board reviewed meeting minutes from January 27, 2016, February 1, 2016 and February 10, 2016 and decided to postpone the vote on the minutes because they did not have a quorum. Collum: Asked if the Board would agree to accept 11" x 17" plans instead of larger plans. Taylor: Stated that the Board could accept the 11" x 17" size but should also have larger ones to review at their meetings. Collum: Asked what applications have come into the Board recently. Ana Brady: Stated that Cumberland Farms had submitted 2 applications- 1 for Site Plan Review and 1 for a Special Permit for a Sign. Brady further stated that Stephen Doyle submitted an application to change his dental office to a retail store. Page 5 of 6 PB Minutes 04/27/2016 Taylor: Stated that the Board should read Town Counsel's letter dated March 11, 2016 regarding the drafting of decisions. Collum: Updated the Board regarding the status of the Town Planner interviews. Motion by Collum to adjourn meeting. Second by Hillis-Dineen. Vote: 6-0-0. Respectfully submitted, IL Richard Judd, PW.fning Board Chair v Page 6 of 6 PB Minutes 04/27/2016