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Home My Public Portal AboutPlanning Board -- 2017-02-08 Minutes ,��ol Brewster Planning Board Approved: 02/22/17 `\J" OftEWBP o� 2198 Main Street Vote: 5-0-0 up n= Brewster, MA 02631-1898 ° — y (508) 896-3701 x1133 �%6 x brewplan@brewster-ma.gov �H/////////llfplflllEllYg4441111��\�` BREWSTER PLANNING BOARD ` _ MEETING MINUTES Wednesday, February 8, 2017 at 6:30 pm Brewster Town Office Building Chairman Richard Judd convened the Planning Board meeting at 6:37 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. 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." 6:37 PM PLANNING DISCUSSION Finalize decision and sian plan on Application #2016-23 Documents: • 12/09/16 Site Plan • Special Permit and Site Plan Review Decision #2016-23 Paul Wallace submitted a final plan to the Board. The Board reviewed Special Permit and Site Plan Review Decision #2016-23 for final signature. Compliance Review. Pamela Llovd Balser subdivision located at 42-45 Warrens Road, Documents: • 08/25/15 Subdivision Plan 01/23/17 letter from Jeff Thibodeau Peter Soule presented the subdivision plan originally approved in 2015, for signature. A condition of approval was receipt of a Certificate of Compliance from the Conservation Commission on the Order of Conditions. Collum, Hoag, Hoffmann, Judd and Taylor signed the plan as sitting members of the Board at the time the decision was rendered. Compliance Review. 147 Winstead Road tree removal and re-plantina, Documents: • 01/26/17 letter from Joseph Paggi • 02/08/17 letters from Noelle Bramer Conservation Administrator Joseph Paggi presented his tree removal and re-planting plan, which is required pursuant to deed restrictions on his property to be approved by both the Conservation Commission and Planning Board. The trees are being removed for safety reasons. Hoffmann read February 8, 2017 letter from Noelle Bramer into record. PB Minutes 02/08/2017 Page 1 of 5 Motion by Hoag to Accept Compliance Review information. Second by Hillis-Dineen. Vote: 7-0.0. Approval of Meetina Minutes The Board reviewed and discussed the minutes from the January 25, 2017 meeting. Motion by Hoag to approve January 25, 2017 meeting minutes. Second by Taylor. 1 Vote: 7-0-0. Planning Discussion concluded at 6:49 pm. 6:51 PM APPROVAL NOT REQUIRED Application #2017-03,: Applicants/Owners: G. Howard Hayes and Paul R. Van Steensel, Representative: Philip O. Scholomiti, P,L.S., Ryder & Wilcox, Inc. for property located at the southwest corner of Route 6A and Underpass Road and shown on Assessor's Map 78, Lot 117 and 118 (formerly Map 15, Lot 156 and 123) in the V-B and C-H Zoning Districts. The Applicants propose to divide two (2) existing buildable lots and convey land in equal amounts in order to establish sufficient frontage on Lot 3A. Documents: • 02/01/17 letter with Application • 01/30/17 Plan David Lyttle of Ryder & Wilcox presented the Approval Not Required application to the Board on behalf of Paul Van Steensel. Lyttle described the land swap of 1.2 feet of land between Van Steensel and the abutter Howard Hayes to resolve a deficient frontage issue. Motion by Hillis-Dineen to Endorse Approval Not Reaulred Application #2017-03. Second by Taylor. Vote: 7-0-0. Discussion on Application #2017-03 concluded at 6:57 pm. Liaison Reports i Hoffmann stated that the Visioning Committee meeting scheduled for the following week has been postponed and she will provide a new date once confirmed. i Hoag noted that the Water Quality Review Committee will meet on Friday, February 17, 2017. Judd stated that he also planned to attend as the fitness center on Long Pond Road is on the WQRC agenda and the applicant will be before the Planning Board at the next meeting (February 22, 2017). 1 The Planning Board signed site plans from Application #;`2016-23 and #2017-03. 7:03 PM SITE PLAN REVIEW 1 Application #2016-26: Applicant: Roy E. Jones III. Owner: RPB Nominee Trust. Property is located at 250 Underpass Road and shown on Assessor's Map 77, Lot 2 (formerly Map 26, Lot 18-1A) in the C-H Zoning District. The Applicant is proposing to construct an accessory storage building consistent with Brewster Zoning Bylaw §179-66. The building will be 28' x 14' x 40' in size and used to store a fire engine, model railroad layouts and other business related items, s Documents: • 12/23/16 Application, Checklist and supporting documentation • 12/29/16 Site Plan • 02/01/17 Summary of Department Reviews • 02/02/17 Planning Staff Memo Roy Jones presented his application for storage of a fire engine and model railroads. Hoffmann asked if the abutter was notified of the project and the applicant and Planning Department confirmed the abutter was notified, Hoffmann inquired about screening between the proposed building and the abutter. PB Minutes 02/08/2017 Page 2 of 5 r. Jones stated that the abutter asked for help clearing his land but if the abutter requested screening he would comply. Hoffmann asked if the lights on the building will be downward casting and Jones confirmed they were downward casting and not motion activated. Taylor asked about shielding on the lights, Jones responded that no light would leave the property. Judd asked about a gutter system and Jones stated there would be no gutter system. Jones explained that there is sand around the building to help with run off. Jones also confirmed that you could not drive a vehicle through the building. Taylor asked about wheel stops in parking spaces adjacent to Building A. Jones stated that there is curbing around the parking lot for all but two parking spaces at the northern end of the lot. Hoffmann asked if there was adequate parking and Jones responded by describing the volume of visitors and i stating that only one space was being lost to the building. Hoffmann read Department Reviews into the record. There was no comment from the public. Bennett explained that a condition of the decision could be that lights be full shielded and downward casting. Motion by Collum to Close the Public Hearing on Site Plan Review Application #2016-26. Second by Degen. Vote: 7-0-0. Motion by Hoffmann to Approve Site Plan Review Application #2016-26 with lighting condition. Second by Collum. Vote: 7-0-0. 7:20 PM MODIFICATION OF SPECIAL PERMIT CONTINUED Application #2016-14: (Continued from December 14, 2016) Applicant/Owner: Cape Cod Bible Alliance Church. Representative: John Bologna, Coastal Engineering Company, Inc,, for property located at 3580/3634 Main Street and shown on Assessor's Map 126, Lot 87, 88 and 89 (formerly Map 28 and 29, Lot 35-1 and 14) in the RM Zoning District. The Applicant is proposing to modify previously approved Special Permit#2014-03 issued in accordance with Brewster Zoning Bylaw §179-51 and §179- 66, (CONTINUANCE TO 3!8117 REQUESTED) Documents: • 01/30/17 Waiver/Continuance Form - Motion by Hoffmann to Accept Continuance on Modification of Special Permit Application #2016- 14 to March 8, 2017. Second by Taylor. Vote: 7-0-0. Hearing on Application #2016-14 concluded at 7:22 pm. Application #2017-02: Applicant/Owner: Pond Oaks LLC. Representative: Richard Smith of Bank of New England. The Applicant is requesting a modification of Special Permit MRS2004-23 granted in accordance with Brewster Zoning Bylaw §179-35.2, Major Residential Development, to resolve outstanding roadway improvements and amend conditions of the permit for property located on Winstead Road (Pond Oaks Subdivision) in the RL Zoning District, as shown on Assessor's (Map-Lot): 61-38, 61-39, 61-40, 61-41, 61-42, 61-47, 61-48, 61-49, 61-50, 61-51, 62-45, 62-48, 62-49, 62-50. Documents: • 01/11/17 Application and letter from Richard Smith, Bank of New England • 02/01/17 Summary of Department Reviews • 02/02/17 Planning Staff Memo • Draft Modification of Decision MRS2004-23 • Estimate from Dirt Works Inc. PB Minutes 02/08/2017 Page 3 of 5 E Richard Smith of Bank of New England was present on behalf of the Applicant. Jonathan Silverstein, Town Counsel was also present. Silverstein described the securities allowed by statute to secure subdivisions including: a deposit of cash or stocks, a passbook savings account, a bond issued by insurance company or a tri-party/lender's agreement. Silverstein stated that a letter of credit is not an allowable surety under statute, Silverstein suggested a tri-party agreement if the Bank would like the lot released now. The lot could also be held under covenant until work is completed and released at that time. i To resolve the surety issue, Smith stated that the Bank would prefer to leave Lot 8 under covenant until the work can be completed. The Bank would then request Lot 8 be released. Hoag inquired if the Bank was withdrawing their modification request. Silverstein responded that the Bank is waiving release of Lot 8 until work is completed not withdrawing the entire modification request. The Board reviewed and discussed the draft decision provided by the Town Planner. Bennett reviewed the requirement of an as built plan. Bennett suggested a verification letter by a licensed engineer. Smith responded that the Bank has requested John O'Reilly to provide a proposal. Bank also asked for an estimate and cap on the payment of Town Counsel's fees. Silverstein responded that his fees should - not be more than $2,000. Motion by Collum to Take a Brief Recess on Modification of Special Permit Application #2017-02. Second by Degen. Vote, 7-0-0. The Board took a brief recess. The meeting resumed at 7:54 pm. Hoffmann read draft comments on the modified draft decision into the record. Joseph Rinaldi, 73 Winstead Road, commented that bearberry is not present as required by the decision. Rinaldi noted that James Gallagher, former Conservation Administrator, walked the area and the bearberry was not present. I The Board discussed the Conservation Commission's outstanding Order of Conditions for the Pond Oaks Subdivision and whether the Applicant should pursue compliance. Motion by Hoag to Waive Requirement of Streetlight at Entrance to Subdivision on Modification of Sveclal Permit Application #2017-02. Second by Degen. Vote: 7-0-0. The Board discussed the verification letter to be provided by a licensed engineer with Smith. A representative from the DPW and an engineer would jointly review the road conditions for purposes of the verification letter. The Board discussed the Homeowner's Association. Smith noted that the developer and homeowners have been working on an agreement that the developer has signed off on. j a Michael Leon, 196 Winstead Road, confirmed that there is a drainage pipe on Crowell's Bog Road but there is no drainage directed to Black Pond. Rinaldi stated that after a walk through with James Gallagher it was evident that the condition of increasing the buffer strip was not met. Smith stated that he has met with Noelle Bramer from Conservation regarding outstanding plantings. Smith suggested that the Bank would agree to some conditions but not willing to meet all conditions of the Conservation Commission's Order of Conditions. Smith stated that the Bank is not trying to discount these conditions but that safety issues such as completing the top coat and snow plowing are the priority, Jay Paggi, 147 Winstead Road, stated that he has not looked at all catch basins but has confirmed in the ones that he looked at that sumps are 5 feet with 2 foot sweeps on outlet pipes. Catch basins on the way up the road from Crowell's Bog are in a tear drop shape. PS Minutes 02/08/2017 Page 4 of 5 f The Board discussed reviewing a favorable draft decision of the special permit modification at the next meeting. Paggi stated that he lives on Lot 10 and has not seen evidence that a drainage connection was made on his lot connecting to Route 124. The easement on Lot 10 does exist. Smith suggested clarifying the language regarding the release of Lot 8 from the covenant. Silverstein suggested using language from 81 U of the Subdivision Control Law for release of Lot 8. Silverstein read the language into the record. Leon stated that a formal amendment stating release requirements and procedure would be helpful. Regarding Conservation Order of Conditions, Leon suggested that it was not necessary to disturb current vegetation and re-plant but would prefer the Bank work with the Conservation Commission so there wasn't an open Order of Conditions. Leon provided a history of the Homeowner's Association and stated that a new Homeowner's Association Trust was established with Bandar and will be recorded. Easements have been transferred to the Homeowner's Association Trust. The Declaration of Covenants has also been revised and transferred to the ! Homeowner's Association Trust. Suggested a finding in the decision that upon completion, no further conditions will be imposed on Homeowner's Association Trust and that the Homeowner's Association take over maintenance of the road. Smith stated that he thought work on the road would start on or about April 1, 2017 and be completed by the 1 middle of April. Paggi stated that he would pull a couple of the catch basins and report back to the Board regarding depth of the sump. Silverstein noted that in order to waive conditions required by the Subdivision Rules and Regulations, the Board would have to find that the waiver was in the public's interest. All other changes are modifications only. Motion by Hoag to Continue Modification of Special Permit Application #2017-02 to February 22, 2017. Second by Collum. Vote: 7-0-0. Motion by Collum to Direct Staff to Draft Decision on Modification of Special Permit Application #2017- 02. Second by Hoffmann. Vote: 7-0-0. The hearing on Application #2017-02 concluded at 9:00 pm. E Degen stated that the Conference for Community Planners is scheduled for March 17, 2016 in Worcester, Massachusetts. Motion by Hoffmann to adjourn meeting. Second by Hillis-Dineen. Vote: 7-0-0. Meeting adjourned at 9:02 pm. I Next Planning Board Meeting Date: 02122/17 Respectfully submitted, p f E i Kari Hoffmann, a ing Board Clerk I PB Minutes 02/08/2017 Page 5 of 5 1 3 s f i