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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, February 22, 2017 at 6:30 pm
Brewster Town Office Building
Chairman Richard Judd convened the Planning Board meeting at 6:34 pm in the Brewster Town Office Building
with members: Scott Collum, Charlotte Degen, Madalyn Hillis-Dineen and Elizabeth Taylor. William Hoag and
Kari Hoffmann were absent.
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."
6:35 PM APPROVAL NOT REQUIRED
ADOIcation #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:
• 02/15/17 Revised Plan
David Lyttle of Ryder & Wilcox, Inc. presented a revised plan to the Board for signature. Lyttle explained that a
property line was drawn incorrectly on the initial plan and characterized it as a scrivener's error. The plan was
corrected and Lyttle sought the Board's endorsement on the revised plan.
Motion by Hillis-Dineen to Endorse Approval Not Reauired Application #2017-03. Second by Collum.
Vote: 5-0-0.
6:40 PM PLANNING DISCUSSION
Discussion on Sian Bvlaw
Documents:
• 02/21/17 Town Counsel Opinion
Bennett provided an overview of Town Counsel's opinion on the sign bylaw. Taylor asked about the Historic
District Committee's involvement since signs are in their purview.
Jan Moore, a Brewster resident, asked for clarification on the current sign bylaw. Moore stated her concerns
with signs, especially on Main Street, and their effect on the historic character of Brewster. Moore suggested
the Board considering regulating the size of signs.
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Degen inquired as to the sign bylaw amendment process. Bennett noted that the Planning Board is expected
to begin work on the Stormwater Bylaw and could focus on the Sign Bylaw at that time.
Approval of Meeting Minutes
The Board reviewed the meeting minutes from February 8, 2017.
Motion by Collum to Approve Minutes with Edits. Second by Degen. Vote: 5-0-0.
Liaison Report
Degen reported on the Board of Selectmen meeting that took place on February 17tH
Planning Discussion concluded at 7:07 pm.
7:08 PM SPECIAL PERMIT AND SITE PLAN REVIEW
Application #2017-01 —Applicant/Owner: Larry and Susan Lepard. Representative: David A. Clark, P.E. of
Clark Engineering LLC for property located at 0 Long Pond Road and shown on Assessor's Map 85, Lot 111
(formerly Map 42, Lot 10) in the C-H and R-M Zoning Districts. The Applicant is proposing to construct a 6,580
square foot commercial building to house a fitness center. A Special Permit is required pursuant to §179-5E of
the Brewster Zoning Bylaw. Site Plan Review approval is required pursuant to §179-66.
Documents:
• 02/16/17 Department Review Summary
• 01/11/17 Application, Plans and additional documents submitted by Applicant
• 02/17/17 Letter from Douglas Wilcock, Chair of the Water Quality Review Committee
Collum disclosed his business relationship with Clark Engineering and stated that he is not working with Clark
Engineering on the application currently before the Board. He signed a disclosure form which will be filed with
the Town Clerk.
David A. Clark, P.E. of Clark Engineering LLC was present on behalf of the Applicant. Also present: Attorney
Jamie Norcoss of Riley and Norcross, counsel for the Applicant and Sean Tully, Coach and Facility Manager.
Clark gave an overview of the project and reviewed the Special Permit Checklist. Clark stated that the project
is currently being reviewed by the Historic District Committee (HDC). Clark stated that he expects to submit
revised plans to the Health Department for an Innovative Alternative (IA) septic system. Clark noted that the
property is mapped as priority habitat for endangered species but the Natural Heritage Endangered Species
Program determined there would be no taking. Clark noted that the Applicant believes they meet all
requirements of the zoning bylaw.
Taylor inquired as to front and rear elevations for the building as the Board had only received side elevations.
Bennett noted that HDC will review those elevations and that they are not required to be submitted for site plan
review. Taylor also asked for clarification on the landscaping plan, specifically the lawn area. There was a
discussion among Clark and the Board members regarding the recent Water Quality Review Committee
(WQRC) meeting on this application and nitrogen restrictions imposed by WQRC. Taylor suggested the
Applicant contact the Conservation Department for a suggestion on the best grass mix to use.
Hillis-Dineen asked about the proposed outside work out area. Clark responded that there would be no
standing equipment outside just equipment that could be carried in and out for classes.
Taylor inquired as to the size of the lighting fixtures. Clark responded that the light fixtures would be
approximately 13 feet. Taylor clarified that the lights are shielded.
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Degen asked about membership and class size. Tully responded that 1 hour fitness classes are proposed and
6 classes per day are expected. Class size is expected to be no larger than 24 individuals and usually range in
size from 5-15 individuals. Tully explained that when there is no class there is no gym use. Degen asked about
shower facilities on site and Clark responded that facilities would be provided for members.
Judd asked about the hours of operation for the fitness center. Tully stated that there would be an early class
at 5:30 am with doors opening at 5:00 am. The latest class is expected to be at 7:30 pm with doors closing by
9 pm. Judd noted that the property is commercially zoned. Judd also noted that the speed limit in the area is
40 mph and inquired whether there had been any conversations with the police chief regarding right turn only
access in and out of the property. Clark responded that no such discussions had occurred. Judd inquired as to
whether there would be a ground sign on the property and Clark responded that there would be a ground sign
and it would be included on the revised site plan.
Collum read department review comments into the record.
Clark stated that he spoke to Brian Dudley of the regional DEP office regarding water use estimates for
purposes of designing the septic system. The Board and Clark discussed comments from the Fire Department
including the location of the fire hydrant.
The hearing was opened for public comment.
Darryl Swanson, an abutter who resides on Old Freeman's Way, addressed the Board with his concerns on the
application including the parking lot area and its proximity to his home and that of another abutter. Clark
responded that the extent of clearing needed to be clarified and suggested 20 feet from the edge of the parking
lot. Swanson stated concerns with the hours of operation and the gym opening at 5:00 am. Swanson felt that
headlights bleeding into residential area would be an issue and asked the Board to take that into consideration.
Collum stated that the Board would require buffering.
Michael Roy, an abutter who resides on Old Freeman's Way, asked whether there would be an access road
through Old Freeman's Way. Clark responded that there would not be access via Old Freeman's Way and
pointed out access to the location to members of the public in attendance. Roy further inquired as to the music
and the noise level. Tully responded that there will be music but not at the noise level that would distract
neighbors. Speakers will be used indoors only. Judd suggested the Board consider a condition that there
would be no amplified sound system outdoors.
Nathan Nickerson appeared on behalf of Andrew and Katie Hutton, abutters on Old Freeman's Way.
Nickerson noted that the property was located in a Natural Heritage area and asked for clarification. Judd
responded that the Applicant had filed with the Department of Fisheries and Wildlife and was approved.
Nickerson stated the Hutton's concerns with parking on residential property and buffering including a
suggestion that 2-3 rows of Leland Cyprus (3-4 feet high) be added. Nickerson also stated the Hutton's
concerns with lighting and possible bleeding onto their property. The Huttons have concerns about traffic at a
busy intersection with cars cycling in and out from the gym. Nickerson mentioned a land swap that had been
discussed among the Huttons and the owners of the fitness center property to bring access further away from
Route 137.
Judd asked if classes would be scheduled back to back or if they would be staggered to help with traffic
congestion. Tully stated that a schedule had not been finalized but there usually is a buffer time between
classes.
Yvonne Roy, an abutter who resides on Old Freeman's Way, asked about whether the gym would use town
water and whether the abutters using wells would be affected. Judd noted that the Applicant has an enhanced
septic system. Clark stated that the septic system is located at the front of the property and at least 700
hundred feet away from the Roy property and noted the minimum 100' setback requirement. Roy further
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inquired as to the hours of operation and Tully responded that the hours are expected to be Monday-Friday
from 5:00 am to 9:00 pm. On Sundays, the gym is expected to open at 9:00 am. Roy suggested sound
proofing for the building should be considered. Roy also suggested that there be no driveway to Old
Freeman's Way. Clark said that he would not oppose a condition that there would be no access to Old
Freeman's Way. Roy stated that she had concerns for abutters Swanson and Hutton since they were closest to
the property. Roy further inquired as to what would happen if the business didn't do well and asked what else
could be put in the gym's place. Judd stated that there would need to be a petition to the Board to change the
use and it would follow the same process as this application.
Swanson stated his concerns about lights in the parking lot. Swanson stated that the Board should consider
whether it was necessary for the lights to always be on or whether the lights could be on during business hours
only. Bennett suggested the Board review the hours of operation taking into consideration the comments
made by the abutters regarding lighting and noise level. Nickerson restated his concerns for buffering and
suggested a wire fence be put up around the perimeter in addition to the rows of Leland Cyprus.
Hillis-Dineen suggested that the hours of operation should be revisited. She noted concerns she had with
possible traffic congestion. Hillis-Dineen also suggested the Applicant consider motion sensor lighting, no
amplified music outside the building and that the outside grass area have no permanent equipment.
Clark stated the Applicant will provide an operation plan for the Board's review. Clark suggested parking area
lights be on a timer. He stated that there would be security lights on the building. Clark stated that he would
work with the Applicant to provide additional buffering if required by the Board.
Collum stated that lighting was a concern. He suggested that the 2 eastern lights on back side of parking lot
be eliminated. Clark responded that he would have to review that with the owner. Bennett suggested lighted
bollards could be used to help minimize the impact of the lights on abutters. Clark stated a planting berm could
be planted on the back of the property for screening. He also stated that he would prefer not to put a fence
back there because of the Natural Heritage area. Judd suggested a revised plan be submitted by the
Applicant and it include the clearing, the proposed berm and information from the landscaper on the species to
be used for the berm and lighting.
Taylor suggested that screening include Leland Cyprus along with white pines. Clark stated that he would
submit a revised plan that included the berm and additional plantings. Taylor asked about the lights on the
building and stated that flood lights should not be used. Clark responded that he would provide additional
information on the building lighting.
Bennett suggested further discussion on the "right in, right out" access to the gym. Clark responded that the
traffic burden would be on those leaving the gym and he did not see a conflict with people getting into the
facility. The Board discussed traffic flow with right in right out access. Degen stated concerns with comments
made by the police department about traffic issues. The Board discussed possible stop lines and painted lines
to help with traffic flow. Collum suggested the Applicant speak to Chief Koch and Chief Moran and report back
to the Board on the conversations.
Judd noted that follow up information was needed on signage, entrance/exit traffic, lighting, plantings and the
berm, noise including music, and painting of fire lanes.
Bennett noted that a Certificate of Water Quality Compliance was required because the property is located in
Zone 2 and that the Board had received feedback from the Water Quality Review Committee.
The Board requested an operation plan from the Applicant.
Judd asked if there was any additional public comment. Nickerson stated his concerns for lighting and
suggested downward casting LED lighting. Nickerson suggested that additional landscaping of at least two
rows should be added. He inquired as to whether the Board was still accepting letters commenting on the
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application and the Board confirmed that letters were still being accepted. Michael Roy stated his opposition to
any proposed right in right out access to the site. He felt that would pose more traffic concerns.
Motion by Collum to Continue Hearing on Special Permit and Site Plan Review Application #2017-01 to
March 22, 2017. Second by Degen. Vote: 5-0-0.
9:22 PM APPROVAL NOT REQUIRED WITHDRAWAL
CONTINUED Application #2016-24: (Continued from January 25, 2017)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 R-R Zoning District. The
Applicant proposes to subdivide the property to create two parcels with sufficient frontage and lot area.
Documents:
• 02/21/17 letter from John O'Reilly
Bennett stated that the Applicant has made a request to withdraw the ANR application without prejudice.
Motion by Collum to Withdraw ADoroval Not Reauired Application #2016-24 Without Prejudice. Second
by Degen. Vote: 5-0-0.
9:25 PM MODIFICATION OF SPECIAL PERMIT
CONTINUED Application #2016-25: (Continued from January 25, 2017) 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 R-R 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:
• 02/21/17 letter from John O'Reilly requesting continuance
• Waiver/Continuance Form
Bennett stated that the Applicant has made a request to continue the hearing on this application to the Board's
April 12th meeting.
Motion by Taylor to Continue Modification of Special Permit Application #2016-25 to April 12, 2017.
Second by Degen. Vote: 5-0-0.
CONTINUED ADDlication #2017-02: (Continued from February 8, 2017) 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 R-L 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.
Bennett stated that the Applicant had requested a continuance to the Board's March 8th meeting.
Motion by Collum to Continue Modification of Special Permit Application #2017-02 to March 8, 2017.
Second by Taylor Vote: 5-0-0.
Taylor inquired about a case that was recently before the Zoning Board of Appeals (ZBA) and asked whether
an opinion should be sought from KP Law on the dirt road bylaw. Bennett clarified the ZBA case and noted
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that it was separate from the dirt road bylaw. Bennett stated that a town counsel opinion on the dirt road bylaw
may be worth exploring.
Motion by Collum to adjourn meeting. Second by Taylor. Vote: 5-0-0. Meeting adjourned at 9:37 pm.
Next Planning Board Meeting Date: 03/08/17
Respectfully submitted,
L -
Kari Hoffmann, Pji �
ard Clerk
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