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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, March 22, 2017 at 6:30 pm
Brewster Town Office Building
Chairman Richard Judd convened the Planning Board meeting at 6:33 pm in the Brewster Town Office Building
with members: Scott Collum, Madalyn Hillis-Dineen, William Hoag, Kari Hoffmann and Elizabeth Taylor. Charlotte
Degen was not present. 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: 34 PM APPROVAL NOT REQUIRED
Application #2017-06 —Applicant/Owner: John G. Latham, Jr. and Jill M. Latham. Representative: Chester
N. Lay of Slade Associates, Inc. for property located at the northeast corner of Cathedral Road and Point of
Rocks Road and shown on Assessor's Map 68, Lot 88, 89 and 90 in the R-M Zoning District. The Applicant is
proposing to consolidate three lots into two lots.
Documents:
• 03/07/17 Application
• 03/08/17 ANR Plan
• 03/20/17 Email from Chet Lay with attachments
Chet Lay of Slade Associates Inc. appeared on behalf of the Applicant. Lay explained that the Applicant
proposed to consolidate three lots into two lots and referenced the plan provided to the Board. Hoag asked
for clarification on the three lots outlined on the plan.
Motion by Collum to Endorse Approval Not Required Application #2017-06. Second by Hoffmann.
Vote: 6-0-0.
Approval of Meetinq Minutes
The Board reviewed the February 22, 2017 and March 8, 2017 meeting minutes.
Motion by Hillis-Dineen to Approve February 22, 2017 meeting minutes. Second by Collum. Vote: 4-0-
2. (Hoag and Hoffmann abstained)
Motion by Taylor to Approve March 8, 2017 meeting minutes. Second by Hillis-Dineen. Vote: 5-0-1.
(Collum abstained)
Liaison Reports
Hoffmann discussed the Brewster Vision Advisory Group's recent meeting and read the group's announcement
into the record.
The Board discussed their schedule and a working meeting to discuss bylaw amendments regarding
stormwater, signs, site plan special permits, dirt roads, watershed protection and recreational marijuana. The
PB Minutes 03/22/2017 Page 1 of 5
Board discussed working on amendments such as stormwater in anticipation of Fall Town Meeting. The Board
decided to continue discussion on bylaw amendments to the May 10th Planning Board meeting.
7: 00 PM SPECIAL PERMIT AND SITE PLAN REVIEW
CONTINUED Application #2017-01 — (Continued from February 22, 2017) 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:
• 03/20/17 Waiver/Continuance Form
The Applicant requested a continuance to April 12, 2017.
Motion by Taylor to Continue Public Hearing on Special Permit and Site Plan Review Application
#2017-01. Second by Hillis-Dineen. Vote: 6-0-0.
7:02 PM MODIFICATION OF SPECIAL PERMIT
Application #2017-04—Applicant/Owner: LTV Realty Trust Il. Representative: Robert M. Perry, P.E. of
Cape Cod Engineering, Inc. for property located at 1069, 1073 and 1091 Main Street and shown on Assessor's
Map 37, Lot 61, 62 and 63 in the V-B and R-M Zoning Districts. The Applicant is proposing to modify special
permits (granted pursuant to Brewster Zoning Bylaw §179-51, §179-63 and §179-5.E) to reduce the approved
cook shop addition retail floor area from 4,944 square feet to 3,010 square feet and to convert the existing
residential cottage to 785 square feet of retail floor area resulting in a net floor area reduction of 1,149 square
feet. Zoning relief is also sought under §179-25.B.
Documents:
• 02/17/17 Application and Plan
• 02/17/17, 03/09/17, 03/21/17 Memoranda from Bob Perry
Bob Perry of Cape Cod Engineering presented the application to the Board. Eric Dancause of Lemon Tree
Village was also present. Perry provided Lemon Tree's history before the Planning Board and Zoning Board of
Appeals. He explained that the focus of the application was on the cook shop and the retail space is being
reduced in size. Perry explained that a residential cottage on the property would be converted to retail space.
The cottage is within the 50' setback to wetlands and the Applicant has been to the Conservation Commission
and received approval over the summer. Perry stated that there is a 14.3% decrease in floor area and parking
is more than adequate for the site. Perry noted that he made a revision to the plan he submitted in the notes
section stating that retail size was being reduced to 3,010 square feet. Perry stated he would provide the
Board with a revised plan.
Hillis-Dineen asked about the retail space on the second floor and Dancause clarified that retail will remain on
the second floor. The cottage will be used for additional retail space.
Taylor inquired as to whether the original special permit conditions have been met. Taylor referenced the flex
bus and Dancause responded that the bus has not been brought to the plaza but they would welcome it.
Bennett suggested a modification to exterior lighting may be necessary due to the changes to the site. Taylor
asked about exterior lighting on the cottage. Dancause stated that there were 60 watt lightbulbs installed on
the cottage. There are 2 lights at the front door and 1 at the back door. Taylor asked about landscaping and
Dancause stated that there was not much work being done to the cottage area. Perry explained that invasives
would be removed behind the building pursuant to conditions imposed by the Conservation Commission.
PB Minutes 03/22/2017 Page 2 of 5
Hoag asked about the Fire Department comments and whether the current system needed to be upgraded.
Perry stated that he did not believe the cottage reached the threshold for size for a sprinkler system. Perry
also stated that he believed that Lemon Tree was currently in compliance with Fire Department requirements.
Bennett suggested that one special permit could be drafted combining the prior Zoning Board of Appeals and
Planning Board permits.
Hillis-Dineen read Department Review comments into the record. The hearing was opened to the public for
comment. There were no comments from the public.
Hoffmann asked for clarification on the Historic District Commission (HDC) comments. Dancause clarified that
Lemon Tree had previously received approval but it has expired and they would need to renew. Bennett
suggested a condition that HDC approval be required. Taylor asked about the automatic extension process by
the state.
Motion by Collum to Close the Public Hearing on Modification of Special Permit Application #2017-04.
Second by Hillis-Dineen. Vote: 6-0-0.
The Board discussed conditions for the modified special permit. The conditions included approval from HDC
and that lighting for the cottage be delineated on the revised site plan. The Board requested staff to draft the
decision for review and a vote at the Board's next meeting.
Motion by Collum to Continue Decision on Modification of Special Permit Application #2017-04 to April
12, 2017. Second by Hoag. Vote: 6-0-0.
7:40 PM SITE PLAN REVIEW
Application #2017-05 -Applicant/Owner: New Venture Holdings, LLC. Representative: David A. Lyttle,
P.L.S. of Ryder & Wilcox, Inc. for property located at 0 Underpass Road and shown on Assessor's Map 78, Lot
117 in the V-B and C-H Zoning Districts. Consistent with Brewster Zoning Bylaw §179-66, the Applicant is
proposing to construct a row commercial building with five (5) contractor bays and an office building with three
(3) offices and a one (1) bedroom apartment.
Documents:
• 02/08/17 Application
• 03/06/17 Landscaping plan
• 03/21/17 Site plan
David Lyttle of Ryder & Wilcox, Inc. presented the application. The Applicant, Paul Van Steensil was present
along with his attorney Ben Zehnder. Lyttle stated that the project received approval from the Conservation
Commission. He provided revised plans to the Board. Lyttle described revisions to the site plan including well
removal and the parking layout. Lyttle explained that the Applicant will occupy one of the three offices and rent
out the others. Lyttle stated that the Applicant's business will occupy one of the contractor bays and he has
three vehicles. The other bays have been rented out to an electrical contractor who has one vehicle, a local
builder who has one vehicle, a HVAC contractor with two vehicles, and one bay will be used for storage with
one vehicle for that bay. Lyttle stated that it has been calculated that eight parking spaces are needed but
twelve have been provided. The office building requires five spaces and eight are being provided.
Lyttle explained that an isolated wetland was discovered on the southerly property line and the Applicant has
been working with the Conservation Commission and his landscaper on a plan to remove invasive species and
restore the area. Lyttle stated that a Stormwater Management Report was provided to the Department of
Environmental Protection and the Conservation Commission. The Applicant has proposed catch basins for
stormwater runoff from the roof of the commercial and office buildings. Additionally, a vegetated filter strip
along the southerly edge of the parking area will be used and will drain into rain gardens.
PB Minutes 03/22/2017 Page 3 of 5
Judd asked if the parking area is paved and Lyttle responded that it is a paved parking area. Lyttle pointed out
that one curb cut is proposed and identified it on the site plan. Lyttle also noted that the septic system has
been designed for the office building and residential apartment. Hoag asked whether wheel stops will be used
for parking spaces in front of the commercial building. Lyttle stated that bollards would be added between the
garage doors.
Hoffmann asked for clarification of the property located within the Village Business (VB) District and the
Applicant pointed out the VB district on the site plan. Lyttle explained that the proposed use is allowed in both
districts and a special permit was not required.
Taylor referenced the landscaping plan. Lyttle stated that the landscape plan was updated on March 6, 2017
and will be provided to the Board for review. Lyttle stated that the lawn will be mowed manually. Lyttle stated
that if irrigation was needed it will be temporary.
The Applicant agreed that there will be no outside storage. Lyttle stated that there will be one dumpster used
for the time being and it will be located near the commercial building. The Applicant stated that based on use
of the bays he cannot identify any hazardous materials. Hoag suggested a condition of the special permit be
that no hazardous materials be stored on site. Hoffmann stated that there should be a condition that no
vehicle maintenance such as oil changing or cleaning of vehicles should occur on site.
Taylor asked about lighting. The Applicant stated that there are lights over each door of the commercial
building and that they are downward casting and shielded. Taylor noted that avoiding light spill was important
due to the surrounding wetlands. The Applicant noted that a small landscaping light will be used for the sign
on the island. Taylor asked about removal of the invasives. Lyttle stated that herbicides will be used for re-
sprouting and will be applied by hand. He also stated that the initial removal of invasives will be by mechanical
means.
Judd asked for clarification on the total tot area and building coverage. Lyttle noted differing calculations
between the site plan and project narrative submitted with the application. Lyttle will confirm the calculation
and provide a revised site plan. Judd requested the site plan note the paved areas.
Hillis-Dineen asked about the abandoned ditch on the westerly side of the property. Lyttle explained that
testing has been done on the ditch and the Conservation Commission has reviewed the data and confirmed
that there are no wetlands connected to the ditch.
Judd asked if there would be manufacturing on site that would create noise or dust pollution. The Applicant
stated that the building is very well insulated and that the wood shops have their own dust filtration system.
The building is air conditioned so doors will not need to be opened in warmer weather. Judd asked about the
hydrant on site and the Applicant responded that there is one across street that can service the property. The
Applicant stated that he has spoken with Paul Anderson and in order to put in a hydrant they would need to cut
the road. The Applicant stated that he believes the hydrant across the street can properly service the site.
The Applicant stated that he is not required to have a sprinkler system unless it is a mixed use building. Since
he is proposing an apartment above the office building he is appealing to the state sprinkler board for a
variance and has proposed a fire alarm system instead of sprinkler system.
Hoag referenced the Fire Department comments from the Department Reviews and suggested the applicant
follow up with the Fire Department.
Taylor inquired about the hours of operation and whether conditions need to be set regarding the hours.
Hoffmann asked about activities on site and whether any building will occur on site. The Applicant stated that
the wood shop,would be building and assembling cabinetry on site. Lyttle explained that the building will be
insulated and air conditioned so noise should not be an issue. The Applicant noted that there are no external
compressors. There will be compact outdoor HVAC equipment on the back of each bay.
PB Minutes 03/22/2017 Page 4 of 5
Judd clarified the landscaping located behind the building. Lyttle stated that Leland Cypress will be used
behind the building to help with buffering to the residential area.
Bennett noted that hours of operation in the VB District have been conditioned in previous applications and the
Board has the ability to do so with this application.
Hoffmann inquired about the proposed uses on site. Bennett suggested that because there was sufficient land
area, this application can exercise the row commercial use. Ben Zehnder commented on use and zoning
compliance. He noted that the Building Commissioner has commented that the proposed use is zoning
compliant for this area. Zehnder suggested that the use was not wholesale, but services and trades.
Collum read the Department Review Comments into the record.
Taylor asked if vehicles will be parked inside the building or outside overnight and the Applicant responded that
one vehicle would be stored inside overnight. Taylor asked if the sign would cause line of sight issues and
Lyttle explained there are no specifications for the sign at this time but it be located far enough back to be out
of the line of sight.
Hoffmann noted that she visited the site and had concerns about being able to turn around. She stated that
she needed to back out onto Underpass Road due to the 100' buffer post.
Judd asked for more details on the herbicides that would be used and Lyttle noted that the Conservation
Commission had stated that a certified professional would be needed for the herbicide application and that
herbicides used in the process had to be approved. Lyttle also stated that the rain gardens would require
annual inspections. Judd also noted some follow up was needed with the Fire Department. Judd asked staff
to follow up with the Fire Department. Hoag stated that the Fire Department comments have to be clarified
because the Board relies on them for conditions. Judd requested that site plan revisions include: 1)wheel
stops on parking spots 1-8; 2)lighting specifications on bays; 3)lighting specifications for sign; 4)asphalt shown
on pavement; and 5)revise square footage on lot.
The Board directed staff to draft a decision and provide it to both the Board and the Applicant for review and
comment.
Motion by Collum to Continue Public Hearing on Site Plan Review Application #2017-05 to April 12,
2017. Second by Taylor. Vote: 6-0-0.
9:02 PM PLANNING DISCUSSION resumed
Hoffmann followed up on the Brewster Vision Advisory Group announcement and asked members of the
Planning Board to consider volunteering in the vision plan process.
Motion by Taylor to adjourn meeting. Second by Hoag. Vote: 6-0-0. Meeting adjourned at 9:04 pm.
Next Planning Board Meeting Date: 04/12/17
Respectfully submitted,
Kari Hoffmann, Ttg Board Clerk
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