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HomeMy Public PortalAboutPlanning Board -- 2017-04-26 Minutes Brewster Planning Board Approved : 05/10/2017 o`` �0 4 uFRUeq ` 9 % 2198 Main Street Vote : 7 -0 -0 Brewster, MA 02631 - 1898 ° , —_ c ' ( 508 ) 896 -3701 x1133 �` % 11ogAep9 brewplan@brewster-ma . gov /i///////BIItIn I I IIIIIIID\\\\� BREWSTER PLANNING BOARD ' "7 � ; r16pi4 MEETING MINUTES Wednesday, April 26 , 2017 at 6 : 30 pm � Etti � i ►� w, I +eLEPK 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 : 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 : 32 PM PLANNING DISCUSSION 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 . • Draft decision • 04/26/ 17 Letter from abutter D . Michael Schaffer The Applicant , Paul van Steensil , of New Venture Holdings , LLC was present . Judd stated that the letter provided by the abutter was provided after the close of the public comment period and therefore would not be read into the record . It was noted that the letter was also provided to the Zoning Board of Appeals which the Applicant is scheduled to appear before on May 9th Hoffmann read the draft decision into the record and the Board discussed the decision . Taylor suggested a more specific condition to limit outdoor storage or overnight parking of vehicles , boats and trailers . The Board discussed what constituted storage . Bennett noted that the decision did not authorize storage of business materials pursuant to the bylaw therefore the Building Commissioner would have enforcement power . Motion by Collum to Approve as Amended Site Plan Review Application #2017 -05 . Second by Degen . Vote : 7 -0 -0 . Cumberland Farms : Minor modification to site Dian and decision #2016 -09 Attorney Jamie Veara addressed the Board on behalf of Cumberland Farms . Veara requested the discussion item be removed from the agenda and re-scheduled to a later date to address some concerns expressed by Chief Koch . Mass DOT has offered a meeting to discuss the Police Chiefs concerns on May 24th i PB Minutes 04/26/2017 Page 1 of 5 Bennett suggested the Applicant withdraw the application without prejudice until the Mass DOT issues are resolved . Veara asked whether the Applicant would be charged an additional filing fee and Bennett confirmed they would not . Motion by Collum to Approve Request to Withdraw without Prejudice with No Additional Application Fee Required within the next 12 months on Cumberland Farms Minor Modification to Site Plan and Decision #2016 -09 . Second by Degen . Vote : 7 =0 -0 . Review and Approve the Brewster Housina Production Plan Bennett summarized the Brewster Housing Production Plan . Degen stated that she reviewed the plan but would like to have additional time for further review and questions . Taylor and Hoffmann also requested additional time to review the plan . Bennett suggested the Board could submit advisory questions to the Board of Selectmen who are authorized to approve the plan . Hoag suggested the Board abstain from voting on the plan . The Board decided to table their review of the Brewster Housing Production Plan . Motion by Taylor to Table Review of the Brewster Housina Production Plan . Second by Hillis -Dineen . Vote : 7 -0 -0 . The Board requested additional information including a copy of or a link to the presentation made to the Board of Selectmen regarding the Housing Production Plan . Cumberland Farms : Request for Leaal Opinion The Board discussed making a request for a Town Counsel opinion as to whether the release {spill} that occurred at the Cumberland Farms site , if presented and discussed during the Planning Board ' s review of the project , would have given the Board authority under the Site Plan Review zoning bylaw to consider the release as part of their review and approval . Motion by Taylor for Reauest for Leaal Opinion from Town Counsel on Cumberland Farms . Second by Collum . Vote 7 -0 -0 . 7 : 08 PM APPROVAL OF MEETING MINUTES The Board reviewed the April 12 , 2017 meeting minutes . Motion by Hillis - Dineen to Approve April 12 , 2017 meeting minutes with edits . Second by Taylor. Vote : 7 =0 -0 . 7 : 10 PM LIASION REPORTS Degen reported on the April 24th Board of Selectmen meeting . Taylor reported that she was sitting on a sub- committee of the Cape Cod Commission to update their Regional Policy Plan . Hoffmann reported on the Brewster Vision Advisory Group meeting of April 18th Bennett stated training workshops on various Board related issues were available and suggested the Board take advantage of the workshops if they were interested . Judd asked if it would be possible to have a local workshop specifically for the Board . The Board discussed having a workshop led by KP Law. Motion by Collum to Adjourn the Meeting to 7 : 30 pm . Second by Degen . Vote : 7 =0 -0 . Motion by Collum to Reconvene the Meeting . Second by Taylor. Vote : 7 =0 -0 . Meeting reconvened at 7 : 33 pm . PB Minutes 04/26/2017 Page 2 of 5 7 : 34 PM MODIFICATION OF SPECIAL PERMIT CONTINUED Application #2016 -14 : (Continued from February 8 , 2017) 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 R4 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 . Documents : • 06/ 15/ 16 As- built plan • 06/ 16/ 16 Letter from John Bologna to the Building Commissioner • 10/04/ 16 Landscaping plan • 04/24/ 17 Letter from Abutter Daniel Guertin • Lighting Specifications • Photometric Plans John Bologna of Coastal Engineering and Jim Austin , Chairman , Building Committee , Cape Cod Bible Alliance Church were present on behalf of the Applicant . Bologna spoke to some miscommunication between the Applicant and the electrical contractor which led to the incorrect light fixtures being installed in the parking lot . The Applicant has contracted with an electrical vendor to install Type 3 fixtures which will be 20 feet tall . He noted that the lights are downward casting . Hoag asked for clarification on the parking lot photometric image provided to the Board . Bologna stated that the Applicant is keeping the existing poles and the lamps are designed so that there will be no glare on the abutter' s property . Hoffmann noted the light bleed closest to the abutter . Bologna suggested the bylaw allows for some light bleed and this specific light falls below the maximum allowable light bleed . Judd opened the hearing for public comment . Hoffmann read a letter from the abutter , Daniel Guertin , into the record . Judd reviewed the modification application before the Board . Bennett noted that lighting and a reduction in the paved area were before the Board for modification . Bologna stated that there will not be any additional parking requested . Bologna summarized a June 16 , 2016 letter to Victor Staley . He stated that modifications requested include changes to parking layout , removal of curb stops near recreation area , adjustment to sidewalk location , relocation of handicap parking spaces , lighting , landscaping , HVAC location changes and timber fence along backside of property . Daniel Guertin , an abutter, expressed concerns with the lighting and landscaping plans . Bennett suggested that the Building Commissioner , would have enforcement authority if the Applicant was not in compliance with the plans and/or decision . The Board discussed findings and conditions for the special permit decision and revisions to the landscape plan . Motion by Collum to Direct Staff to Draft Decision on Modification of Special Permit Application #2016 -14 . Second by Hoag . Vote : 7 -0 -0 . Motion by Hoffmann to Continue the Public Hearing on Modification of Special Permit Application #2016 - 14 to May 10 , 2017 . Second by Degen . Vote : 7 =0 -0 . 8 : 13 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 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 PB Minutes 04/26/2017 Page 3 of 5 Permit is required pursuant to § 17ME of the Brewster Zoning Bylaw , Site Plan Review approval is required pursuant to § 179-66 . Documents : • 04/ 17/ 17 Letter from Keith Fernandes to Water Quality Review Committee • 04/20/ 17 Revised Groundwater Impact Report • 04/20/ 17 Revised Landscape Plan • 04/21 / 17 Revised Site Plan • 04/21 / 17 Letter from Douglas Wilcock , Chairman of the Water Quality Review Committee to the Planning Board • 04/21 / 17 Revised Construction Storm Water Pollution Prevention Plan • 04/26/ 17 Letter from David Clark to Planning Board David Clark of Clark Engineering and Attorney Bill Riley of Riley and Norcross addressed the Board . Clark stated that the Applicant has revised the plans to remove all proposed parking out of the R- M . Zoning District , reduced the building size and redesigned the septic system . Clark further stated that a revised Construction Storm Water Pollution Prevention Plan was provided to the WQRC and he summarized the report with the Board . He stated that the septic system being installed is an Innovative and Alternative ( IA) system . Clark stated that nearby wells are located 300 feet or more away from the site . Clark reviewed the lighting plan and stated that lights will not extend into the residential area . A revised landscape plan was presented . Riley stated that with a suggestion from the Police Chief the driveway is being moved to the other side of the property . A waiver from the 120 ft requirement from the centerline of the proposed driveway to the driveway to the north is being requested by the Applicant. Bennett clarified that with the plan revisions , a Special Permit was no longer needed to extend a commercial use into the R- M Zoning District . A Special Permit is required for this proposed development per the Water Quality Protection District bylaw . The Board reviewed the lighting plan . Clark noted that the fixtures have been reduced in size , 9 poles are currently proposed and the lights carefully shielded and downward casting . Taylor asked about the landscaping plan specifically planting of Leyland Cypress . Collum read a letter from Douglas Wilcock , Chairman of Water Quality Review Committee into the record . Judd mentioned 1 year replanting if trees die off pursuant to the bylaw . Collum suggested requiring 1 year from issuance of occupancy for replanting . It was noted that no outside dumpster was proposed after reconfiguration of the site . The Applicant feels trash disposal can be handled internally . Clark stated that Rick Roy , the builder and the Fire Chief are in agreement on the turning area shown on the plan . A hydrant has been provided and fire lane signs will be installed . Taylor stated that she is concerned with access and the potential for traffic problems . Clark responded that documentation has been provided showing that level of service will not be impacted . Judd opened the hearing to public comment . Andy Hutton , an abutter addressed the Board with concerns over landscaping . Bennett clarified the planting requirements . Hutton also asked about the waiver on the driveway requirement being 120 ft and the Boards liability if waived . Hutton asked about enforcement of the staggered class schedule . Collum stated that all conditions are enforceable by the Building Commissioner . Hutton inquired as to the process if the Applicant needed to extend parking in the future . Hoag noted that there would be a public hearing and Judd stated that abutters would be notified . PB Minutes 04/26/2017 Page 4 of 5 Daryl Swanson , an abutter thanked the Applicant for revising the site plan and moving the parking out of the R- M Zoning District . Yvonne Roy , an abutter , asked for clarification on access to the property through Old Freeman ' s Way . Judd responded that no access would be granted without modifying the special permit through a public hearing . Riley stated that conversations with the Police Chief had occurred and the Applicant will agree to a condition to pay for a traffic study if accidents increased in the area . Motion by Collum to Close the Public Hearing on Special Permit and Site Plan Review Application #2017 -01 . Second by Hoffmann . Vote : 7 -0 -0 . Bennett reviewed conditions for the special permit decision to include those referenced by the WQRC , a finding and condition for the waiver, traffic study , height and number of poles , 1 year replanting from date certificate of occupancy is issued and no exterior noise or amplification . The Board discussed a condition of the staggering of classes . Bennett suggested it would be difficult to enforce such a condition and suggested a finding regarding the class schedule . Taylor inquired about lighting specifically use of a timer . Bennett suggested staff would draft a decision for the Board to review at the next meeting . The Board discussed construction times and a condition so that impact to abutters would be reduced . Roy responded and provided a potential construction schedule of Monday — Saturday from 7 am — 5 pm . The Board took a straw poll vote on the application . Collum , Degen , Hoag , Hillis- Dineen , Hoffmann and Judd voted to approve the application . Taylor voted not to approve the application . Motion by Hoffmann to Direct Staff to Draft a Decision on Special Permit and Site Plan Review Application #2017 -01 . Second by Degen . Vote : 7 =0 -0 . Motion by Hoffmann to Continue Special Permit and Site Plan Review Application #2017 =01 to May 10 , 2017 . Second by Hillis -Dineen . Vote : 7 =0 -0 . Motion by Hoag to adjourn . Second by Hillis - Dineen . Vote : 7 =0 -0 . Meeting adjourned at 9 : 18 pm . Next Planning Board Meeting Date : 05/10/17 Respectfully submitted , Kari Hoffmann , PI � r Ir ng Board Clerk PB Minutes 04/26/2017 Page 5 of 5