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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, April 12, 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 , William Hoag , Kari Hoffmann and Elizabeth
Taylor.
Also present: Victor Staley, Building Commissioner, 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 PLANNING DISCUSSION
Modification of Special Permit Aonlication #2017-04 : Applicant/Owner: LTV Realty Trust II for property
located at 1069 , 1073 and 1091 Main Street.
Documents :
• Draft decision
• 04/ 12/17 Mullin Affidavit of Charlotte Degen ,
Bennett summarized the draft decision for the Board . The Board had no changes to the decision .
Motion by Hoffmann to Approve Conditions of decision on Modification of Special Permit Application
#2017-04. Second by Degen . Vote : 7=0-0.
Judd noted that Degen was not present at the previous meeting but has reviewed the tape and is eligible to
vote on the decision . Degen confirmed she had reviewed the tape and signed a Mullin Affidavit,
Motion by Hoffmann to Approve Site Plan Review on Modification of Special Permit Application #2017=
04. Second by Taylor. Vote : 7-0-0.
6 :39 PM APPROVAL OF MEETING MINUTES
The Board reviewed the March 22 , 2017 meeting minutes .
Motion by Taylor to Approve March 22, 2017 meeting minutes. Second by Hillis-Dineen . Vote : 6-0-1
( Degen abstained ).
6 :40 PM TOPICS NOT ANTICIPATED BY THE CHAIR
Taylor mentioned that the Board of Selectmen discussed elected versus appointed board/committee members
at their last meeting and decided to continue the discussion until after Town Meeting .
PS Minutes 04/12/2017 Page 1 of 7
Hoffmann expressed concern over the Cumberland Farms oil leak and plume and questioned why this
information was not discussed with the Planning Board during the Board's public hearings permitting process .
Bennett and Judd noted that they shared similar concerns with the Town Administrator.
Judd stated that the Health Department was informed of the DEP monitoring .
Hoffmann stated that the Board was not provided with all accurate information during the permitting process .
Degen inquired about the veracity of the Cumberland Farms plan and the obligation of the Town to make sure
the plan is being followed .
Hoag noted the State's jurisdiction in monitoring the leak. Hoag stated he felt comfortable the MA DEP was
handling the situation .
Bennett stated that information on the leak could have been useful information in considering the full
application , but it does not change the outcome of the decision .
Hoffmann noted that there was no knowledge yet as to the size of the plume and suggested the scope of the
project could change. Hoffmann suggested the Board review their notes to see the exact information that was
provided .
Judd stated that the decision was final and the Board could not turn back time . Hoag suggested seeking a
legal opinion . The Board discussed whether to include the request as an agenda item for the next meeting .
Judd reviewed potential working items for the Board : stormwater bylaw, sign bylaw, dirt road bylaw, and
recreational marijuana. Bennett suggested a special meeting on Wednesday, May 17 , 2017 at 6 : 30 pm to
discuss zoning amendments for Fall Town Meeting .
Bennett noted that there was open meeting law training on Wednesday, May 1611 from 5: 30-7 : 30pm at Nauset
Regional Middle School .
Bennett noted that Cape Cod Bible Alliance would be before the Board on April 26th and they have provided
new lighting information .
Judd mentioned fire department comments provided for applications and noted clarification needed to be made
as to comments were recommendations or requirements.
7 : 01 PM SITE PLAN REVIEW
Application #2017-05 - (Continued from March 22 , 2017) 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 :
• 03/06/17 Updated landscaping plan
• 03/24/17 Revised site plan
03/27/17 Lighting specifications
• 04/12/17 Mullin Affidavit of Charlotte Degen
PB Minutes 04/12/2017 Page 2 of 7
Lyttle reviewed changes that were made to the site plan . Lyttle asked the Board to approve the site plan and
the applicant will apply for a special permit from the Zoning Board of Appeals (ZBA) under Section 179-5 . E to
extend the Building & Construction Trade Shop or Garage use into the commercial bays when those bays
become condos .
Victor Staley, Building Commissioner, addressed the Board regarding the row commercial use and confirmed
contractor bays are allowed in CH zoning district but not the VB zoning district. Staley affirmed the need for a
Special Permit under Section 179- 5 . E to extend one use to another zone.
Collum stated he did not have an issue with making one lot completely commercial .
Hoffmann expressed concern with using the special permit process to extend CH into the VB zoning district
since so much of the lot was zoned for VB.
Hoag noted that he agreed with Collum and felt that the CH zone could be extended .
Judd noted that Degen was not present at the last meeting on this application but has reviewed the tape and is
eligible to vote on the application .
Degen asked about the landscaping plan . Lyttle provided clarification on the trees and stated all trees were tall
trees used for screening purposes.
Judd asked whether the turnaround would affect the vegetative filter strip and Lyttle responded that it would not
because the strip is level and the vegetation in the strip is low.
Staley clarified the site plan review process and noted that the Applicant could proceed to the ZBA for a special
permit.
Ben Zehnder, on behalf of the Applicant, stated that the Applicant would proceed with Site Plan Review
approval and submit an application to the ZBA for a special permit.
Motion by Collum to Close Public Hearing on Site Plan Review Application #2017-05. Second by Hoag .
Vote : 7-0-0.
Zehnder and the Board discussed a draft list of conditions that included : 1 )Wheel stops on parking spaces 1 -8 ;
2) Bollards in front of the doors ; Kighting specifications ; 4) Revised site plan showing extent of asphalt;
5)Clarification of lot coverage ; and 6) Revised landscaping plan .
Bennett noted that the Fire Chief recommended a fire hydrant be installed on the property. The Board
discussed whether a fire hydrant on the property was necessary . Hoffmann read Chief Moran's department
review comments into the record . Zehnder noted that there was already a fire hydrant across the street and
that that hydrant was sufficient for service to the property. Hoag suggested a condition that the Applicant
needs to work out conditions with the fire department.
The Applicant explained his appeal currently pending before the state sprinkler board. He stated that if the
appeal was not allowed , he would not construct a mixed-use building and therefore sprinklers would not be
necessary. The Applicant stated he planned to install an advanced fire alarm system . The Applicant stated he
believes there is adequate access and hose capability from the hydrant across the street.
Bennett noted that a conversation occurred between the Fire Department, Water Department and Department
of Public Works and during that conversation the Fire Department strongly recommended having a hydrant on
the property.
Motion by Hoag to Reopen Public Hearing on Site Plan Review Application #2017-05. Second by
Collum. Vote: 7=0=0.
PB Minutes 04/12/2017 Page 3 of 7
Staley stated that if a fire hydrant was required it would need to be installed before a certificate of occupancy
was issued and therefore it was not necessary to list as a condition of the site plan review decision .
Degen suggested a condition should include the Applicant consulting with the Fire Chief regarding location of
hydrant , if it is necessary.
Taylor suggested conditions referencing the Fire Department comments.
Staley suggested the Board focus on the site plan and not conditions involving building code. For example ,
Staley stated that the knox-box is related to the building not the site .
Hoffmann inquired about hours of operation . Bennett responded that hours of operation are not part of the site
plan review standards.
Motion by Hoffmann to Close Public Hearing on Site Plan Review Application #2017-05. Second by
Degen . Vote: 7-0-0.
Motion by Hoffmann to Direct Staff to Draft a Favorable Decision on Site Plan Review ADDlication
#2017-05 for Review by the Board at the April 26th meeting , Second by Hillis-Dineen. Vote: 7-0-0.
Motion by Collum to Recess to 7 : 50 pm. Second by Degen . Vote : 7-0-0.
7 : 52 PM SPECIAL PERMIT AND SITE PLAN REVIEW
CONTINUED Application #2017-01 — (Continued from March 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 CMH 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 :
• 04/10/17 Revised site plan
• 04/12/17 Lighting specifications
• 04/12/17 Mullin Affidavit of William Hoag
• 04/12/17 Mullin Affidavit of Kari Hoffmann
• 04/12/17 Letterfrom Keith Fernandes
• 04/12/17 Letterfrom Katie Hutton
Attorney Bill Riley of Riley and Norcross and David Clark, P . E . of Clark Engineering , LLC were present on
behalf of the Applicant. Larry Lepard , Applicant and his business partner Sean Tully were also present.
Judd noted that that Hoag and Hoffmann were not present for the previous meeting on this application but
have reviewed the hearing tape and are eligible to vote on the application .
A revised site plan dated April 10, 2017 was submitted by the Applicant. Clark reviewed the revisions which
included revisions for Fire Department accommodations . Clark stated that within the drainage swale adjacent
to the parking lot a concrete turf block for a turning area for a fire apparatus has been added .
Riley noted that the Applicant approached the liquor store owner to share a driveway and the owner declined
to share the driveway. Riley further noted that the Applicant spoke with the abutter to the south to make an
arrangement but they were unable to reach an agreement. Riley referenced a letter received from Keith
Fernandes .
PB Minutes 04/12/2017 Page 4 of 7
Clark addressed additional revisions to the site plan including moving the driveway to the north side of the
property. He noted that the building has been moved back so more parking has been moved to the residential
district of the property. A 4 foot high berm and arborvitaes will be put between the residents and the parking lot.
After a conversation with the Fire Department, a turning area for a fire apparatus and a hydrant were added . A
lighting plan was provided and was reviewed by Clark. He noted that the proposed lighting is in compliance
with the bylaw.
Riley stated that the berm would also provide a buffer for the residents from motor vehicle lights .
Clark stated that the Board had previusly expressed noise concerns and he confirmed that there would be no
music used outside .
Taylor asked about the distance between driveways . Clark responded that it was 62 feet and that the
Applicant would request a waiver.
Degen noted she visited the site. She noted concerns about traffic congestion . Degen suggested a blinking
light may be needed . Hillis-Dineen echoed the same concerns.
Bennett clarified that under the access standards of site plan review in the bylaw, businesses shall be
permitted one access by right. The bylaw also gives the Board the right to modify the distance between
driveways.
Hoag and Judd both noted that if the police chief suggested the driveway they would defer to him . Judd further
inquired if classes could be staggered to eliminate some traffic congestion . Tully stated that there is no
problem staggering classes at gym and suggest a half hour stagger.
Collum suggested cutting brush back from property line to improve the sight lines of the property.
Taylor confirmed that the parking spaces were 10' x 20' . Degen confirmed the distance between the berm and
residential area.
Hoffmann clarified that there was one handicap space. She inquired as to the number of people that would be
using the building at one time and Tullly responded that a maximum of 20 people would use building at one
time . Riley stated that building will not be used for other activities such as birthday parties.
The Board discussed the landscaping plan with the Applicant.
Judd inquired about the change in catch basins and Clark responded that the leeching basins are under
parking lot as to not disturb the vegetation . Staley noted that the Water Quality Review Committee would seek
a revised plan as a result of the change to the catch basin .
Hoffmann reviewed the landscaping plan and inquired about buffers between the commercial lots . Clark stated
that there were no buffers between the commercial lots . Hoffmann noted differences between the landscape
plan and the site plan . Taylor reviewed the contours of the berm . Clark noted that mountain laurel are not put
in for screening but for restoration . Judd requested a revised landscape plan from the Applicant.
Judd asked the Applicant to review the lighting scheme . Clark noted that there will be 5 poles to illuminate the
parking lot and that they comply with the bylaw. He stated that there were also lights on the building that are
LED and comply with the bylaw and do not anticipate problems with neighbors . Clark stated that there is an
additional light pole in the driveway. Clark noted that the light poles are 20 feet tall .
Degen asked if lights were on timer and the Applicant confirmed that they would be on a timer. Judd asked
what lights would be on after facility closes . Lepard stated that lights will be turned off after last class at 8 :00
PB Minutes 04/12/2017 Page 5 of 7
pm with minimal lighting by door for safety reasons . Riley suggested that once lights are installed a reading be
done to determine if there is light bleed and if there is the issue will be corrected . Taylor confirmed that the
light fixtures would be no taller than 20 ft.
Keith Fernandes of 22 Sheffield Road addressed the Board. He asked about waiver requirements for the
driveway. Fernandes suggested a traffic study and noted traffic concerns .
Andy Hutton , an abutter, addressed the Board . He noted his concerns with the parking area extending into the
RM zoning district. He stated it was75 feet from his backyard to the parking lot. Hutton stated that he spoke wi
Captain Eldredge and from information provided to him accidents in the area are increasing . He suggested
that with the size of the building and the expected membership did not warrant the number of parking spaces
requested . He also stated his concerns with lighting as an abutter. Hutton stated that he did have discussion
with the gym owner regarding a land swap but an agreement could not be reached .
Yvonne Roy addressed the Board about her well water. Roy noted that the abutters all have private wells and
she has concerns about nitrogen levels . Roy stated that she was also concerned about gym septic system ,
insect infestation with more trees being added to the area and concern that pesticides may need to be used .
Daryl Swanson , an abutter, stated his main concern was privacy. He stated that a parking lot in a residential
area should not be allowed . Swanson suggested the Board limit parking . He also stated that 20 ft. lights are
too high . Judd asked about parking lot lights in abutting business. Swanson noted that the liquor store lights
are always on .
Hutton invited the Board to visit his property and stand in the backyard to see what the gym will pose.
Nathan Nickerson noted recent traffic issues on Freeman's Way. He stated he was worried about long term
issues with gym and suggested iron clad conditions . Nickerson had concerns with safety and increased traffic.
Lepard addressed the Board and stated his intention was to develop a gym with no harm to the neighbors . He
felt the proposal was a net benefit to the community. Lepard stated that the greenery will be so extensive that
the gym won't be seen .
Lepard expected the gym to be busy at 7 am , 8 am , and 9 am . The class size varies from 5-20 individuals and
classes are held 7 days/week.
Judd poled the Board as to their preference in the two proposals presented . Degen stated concern with
parking extending into the RM district. Taylor suggested the Applicant stick with their original plan . Hillis-
Dineen agreed with Taylor. Hoffmann also stated concerns with parking in the RM district. Hoag thought the
police chief's suggestion was a good suggestion . Collum stated he had no comment on preference of either
plans presented . Judd stated he was more inclined to go with the first proposal .
Clark stated that a traffic study was not done but that level of service study from the checklist was done.
Hoffmann asked whether the Board should request a traffic study . Bennett suggested a peer review of the
traffic information provided .
Hutton asked about the special permit process and Bennett clarified the process .
Bennett read additional comments from the police chief into the record .
Motion by Collum to Continue the Public Hearing on Site Plan Review and Special Permit Application
#2017-01 to April 26, 2017. Second by Hillis-Dineen . Vote : 7-0-0.
PB Minutes 04/12/2017 Page 6 of 7
10 : 26 PM MODIFICATION OF SPECIAL PERMIT
CONTINUED Application #2016-25: (Continued from February 22 , 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:
• Waiver/Continuance Form
Motion by Hoffmann to Continue Modification of Special Permit ADDlication #2016-25 to May 10, 2017.
Second by Collum Vote: 7-0-0.
Motion by Hoffmann to adjourn meeting . Second by Hoag . Vote: 7-0-0 . Meeting adjourned at 10 : 29
pm .
Next Planning Board Meeting Date: 04/26/17
Respectfully submitted ,
Kari Hoffmann , Plan i Board Clete
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PB Minutes 04/12/2017 Page 7 of 7