HomeMy Public PortalAboutPlanning Board -- 2017-01-25 Minutes ���a`°°oeyypElrnsri� Brewster Planning Board Approved: 02/08/17
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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, January 25, 2017 at 6:30 pm
Brewster Town Office Building
Chairman Richard Judd convened the Planning Board meeting at 6:32 pm in the Brewster Town Office Building
with members: Scott Collum, Charlotte Degen, Madalyn Hillis-Dineen, William Hoag, Kari Hoffmann and Elizabeth
Taylor.
Also present: Ryan Bennett, Town Planner and Lynn St. Cyr, Senior Department Assistant. j
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."
6:32 pm Planning Discussion
Adopt Plannina Board Rule pursuant to M.G.L. c.40A. ,59 and M.G.L. c.44, &53G reaardina consultant
fees
Documents:
• Town of Brewster Planning Board Rule Regarding Consultant Fees
Bennett provided the Board with information on the consultant fee rule and noted that consultant fees included
attorney fees.
Hoffmann read the rule into the record.
Degen: Noted that the rule included provisions that a segregated account be established and that any unused
money is returned to the Applicant.
Motion by Taylor to adopt Town of Brewster Planning Board Rule Regarding Consultant Fees. Second
by Degen. Vote: 7-0-0. I
Fee Waiver Reauest for Pond Oaks/Winstead Road
Bennett: Explained that Bank of New England has requested a letter of support from the Planning Board for a
fee waiver request that they have submitted to the Board of Selectmen waiving the fee associated with
modifying the special permit and subdivision approval.
Hoffmann: Inquired whether the fee waiver request included fees related to the escrow/line of credit account
the Bank would be establishing. Judd clarified that the waiver was related to the application fee only.
Degen: Asked what the Town's investment has been thus far and Bennett responded that at this point the
Town has invested staff time.
Hoag: Suggested the Board support the fee waiver request. Hillis-Dineen, Collum and Judd also stated they
would support a fee waiver.
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Motion by Collum to direct staff to draft a letter of support for the fee waiver. Second by Degen.
Vote: 7-0-0.
Approval of Meetiina Minutes
The Board reviewed and discussed the minutes from the January 11, 2017 meeting.
Motion by Collum to accept minutes with edits. Second by Taylor. Vote: 7-0-0.
Liaisons Reports
Hoag discussed stormwater issues raised at a recent Water Quality Review Committee meeting as it related to
the fitness center proposed at 0 Long Pond Road.
No further liaison reports were provided. Discussion ended at 6:58 pm.
Bennett discussed stormwater efforts and Horsley Witten's work with the Town. Bennett further discussed a
schedule for the Board's work on the stormwater bylaw including public outreach and education. Discussion
ended at 7:02 pm.
7:02 PM MODIFICATION OF SPECIAL, PERMIT
Application #2016-25: Applicant/Owner: Diane M. Romme. Representative: John M. O'Reilly of J.M. O'Reilly
&Associates, Inc, for property located at 100 Proprietors Cartway and shown on Assessor's Map 64, Lot 36
(formerly Map 34, Lot 49) in the RR Zoning District, The Applicant is requesting modification of Special Permit
#2007-22 granted in accordance with 179-26.D of the Zoning Bylaw, known as the "Dirt Road Bylaw", in
conjunction with an Approval Not Required (ANR) subdivision application to create an additional lot.
Documents:
• 12/13/16 Application for Modification of Special Permit
• 1/25/17 Plan
John O'Reilly and Diane Romme were present and addressed the Board.
O'Reilly: Described the project and discussed the Special Permit issued in 2007. O'Reilly stated that he
believed the conditions of the special permit were still being met. O'Reilly stated that the purpose of the
proposal was to provide a lot to the Romme's son to build a home. '
Hoffmann: Stated her concern with safety and access to the cartway.
O'Reilly: Responded that the Rommes have improved the road since 2007.
Collum: Noted that the bylaw does not reference subdivision.
Degen: Inquired as to whether there was a second residence in the garage. Romme stated that there is no
occupancy permit on the main house as it is still being worked on. The Rommes are residing in the garage
apartment at this time. i
Hillis-Dineen: Inquired as to whether the signs for no trespassing were allowed on state land and Romme
stated that the signs were on her property as there have been issues in the past.
Taylor: Stated she did not believe the modification could be allowed because it contradicts the dirt road bylaw.
Judd: Stated he did not see a mechanism to allow modification of the special permit because it contradicts the
dirt road bylaw.
O'Reilly: Stated that he believed the modification of the special permit could be allowed so the lot could be
altered and the ANR used to create a second lot.
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Collum: Stated that he had concerns that if the lot was subdivided it would not be buildable later. Romme
responded that the intention was to build on the lot.
Hoag: Stated he didn't want to obstruct the Rommes from dividing the lot but would like to review similar
permits the Board issued.
There was a discussion between the Board and the Applicant regarding property on Gull's Way.
O'Reilly; Requested a continuance so the Romme's could decide the best way to proceed.
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Motion by Collum to Continue ADDlication #2016-25 to February 22, 2017. Second by Degen.
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Vote: 7-0-0.
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ADDlication #2016-24: Applicant/Owner: Diane M. Romme. Representative: John M. O'Reilly of J.M.
O'Reilly &Associates, Inc. for property located at 100 Proprietors Cartway and shown on Assessor's Map 64,
Lot 36 (formerly Map 34, Lot 49) in the RR Zoning District. The Applicant proposes to subdivide the property to
create two parcels with sufficient frontage and lot area,
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Documents:
• 12/13/16 Application for Approval Not Required
• 1125117 Plan
• 1125117 ANR Waiver/Continuance Form
At the request of the Applicant, the Board continued Application #2016-24.
Motion by Collum to Continue ADDlication #2016-24 to February 22, 2017. Second by Taylor.
Vote: 7-0-0.
Discussion ended at 7:43 pm.
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Motion by Hoffmann to recess. Second by Collum. Vote: 7-0-0.
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The Board took a brief recess. j
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7:50 PM SITE PLAN REVIEW SPECIAL PEERMIT
ADDlication #2016-23: Applicant: Paul Wallace. Owner: John M. O'Reilly, Trustee of MJM O'Reilly Realty
Trust for property located at 0 Sara Ann Lane and shown on Assessor's Map 77, Lot 57 (formerly Map 26, Lot
213) in the C-H Zoning District. The Applicant is proposing to construct by Special Permit a steel building, 40'
x 60' in size, with three (3) commercial bays for use as a "building and construction trades shop or garage" in
the C-H Zoning District.
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Documents:
• Application and Preliminary Site Plan
• 1117/17 Department Reviews
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Paul Wallace addressed the Board regarding this application.
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Wallace: Reviewed the site plan he submitted with the Board including parking, landscaping and fencing.
Wallace further stated that he has moved the proposed building as far away from the abutter as possible and
has tried to minimize any impact on the abutter.
Hillis-Dineen: Mentioned drainage issues on the opposite side of the street and wanted to alert Wallace for
planning purposes.
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Degen: Inquired about the location of the fencing and Wallace clarified the location,
Hoffmann: Inquired as to the landscaping plan and storage containers being placed on site. Wallace
responded regarding the containers stated that they did not belong to him but that they have been removed at
his request,
Taylor: Inquired as to whether Wallace has spoken to the abutter. Wallace responded that he had reached out
to the abutter via letter but has not heard back. Taylor suggested adding certain trees to help with noise
reduction. Taylor inquired as to lighting and Wallace responded that they would be mounted on the building,
downward casting and on timers. Taylor further inquired about parking and Wallace stated that the 4 spaces in
front of the bays were for workers and wheel stops would restrict use of the bays and those stops. Wallace
agreed to put wheel stops in the other spaces. Taylor suggested Wallace speak with the Conservation
Department regarding any grass he wants to plant.
Collum: Suggested the permit have a condition that lights would be shielded. Collum also suggested a j
condition that if gutters are installed on the south side of the building they need to be contained into a dry well
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or rain garden.
Bennett: Stated that the Board could request the Applicant reduce the size of lighting to reduce spillover onto
the abutter's property,
Judd: Asked about trash disposal. Wallace was uncertain at this time how he would handle the trash but if a
dumpster was needed it would be located away from the abutter's property.
The Board discussed the noise impact on the abutter, Wallace was not sure of the hours of operation as he
will be renting the bays and does not yet have renters. Wallace stated that he could put a noise provision in
the lease he has renters sign.
Taylor: Inquired about signage. Wallace stated that there will be a 3 row ladder sign.
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Taylor: Asked about a sprinkler system. Wallace stated he is not required to sprinkler the building right now.
Bennett added that the building is required to meet current fire code standards and that will be monitored
through the building permit process.
Hoffmann read Department Comments into the record. 1
The hearing was opened to the public. There were no comments from the public and the Planning Department
received no correspondence from the public regarding this application.
Motion by Hoffmann to close public hearing on Special Permit Application #2016-23, Second by
Collum. Vote: 7-0-0.
Hoffmann read a section of the 1123197 Planning Staff Memo regarding special permit criteria into the record.
Degen: Suggested a condition be added to maintain access per the Fire Department.
Taylor: Suggested a condition for wheel stops in parking spaces 1-8 be included.
Wallace: Suggested he would move the dumpster to an area near parking space 1. Wallace further stated that
he would be putting in a Title V compliant septic system.
Motion by Collum to approve Special Permit Application #2016-23 with conditions and findings as
discussed by the Board. Second by Hillis-Dineen. Vote: 7-0-0. {
Discussion on the Special Permit ended at 8:38 pm.
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The Board reviewed the application for Site Plan Review and discussed conditions,
Bennett suggested the Board direct staff to draft a decision and that the Applicant provide a final site plan with
signature block for the Board to sign at their next scheduled meeting.
Motion by Hoffmann to approve Site Plan Review Application #2016-23 as presented and with
conditions. Second by Taylor: Vote: 7-0-0.
Site Plan Review discussion ended at 8:59 pm.
Political Siqns
Bennett notified the Board that she would be speaking to Town Counsel regarding the petition that was
received regarding political signs. The Planning Department has received approximately 100 hundred
signatures on the political sign petition to date.
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Application #2016-22 Gape Approval Not Required
The Planning Board signed a revised plan on Approval Not Required Application #2016-22 as the plan
previously submitted contained a typographical error in the title holder's name.
Motion by Hoffmann to adjourn. Second by Collum. Vote: 7-0-0.
Meeting adjourned at 9:04 pm.
Next Planning Board Meeting Date: 02/08117
Respectfully submitted,
Kari Hoffman fanning Board Clerk
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