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Home My Public Portal AboutPlanning Board -- 2017-06-28 Minutes (3) ,,o\\\\p° a°Evils°"'///,,, Brewster Planning Board Approved : 07/26/17 \�\0 001� f1DERU 4 /moi 4 - 2198 Main Street Vote : 5-0 -2 ` 3 UZ �m D Brewster, MA 02631 -1898 = ° , — — a ( 508 ) 896 -3701 x1133 q4 V //// — �m \ brewplan@brewster-ma . gov BR: Ei>.! rTER T0ti)N CAL Ft1) `. /// PFO. Rim o a S0O \\\��\\ glll lI V I I I IIII1\\\\D\\\ BREWSTER PLANNING BOARD MEETING MINUTES Wednesday , June 14 , 2017 at 6 : 30 pm ' 'i 7 { il; 'i l i 1 I I ®;AAi 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 and Elizabeth Taylor . Roberta Barrett and Kari Hoffmann were 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 : 32 PM PLANNING DISCUSSION Request for Final Release of Lot from Covenant at Winstead Road : Applicant/Owner: Pond Oaks LLC , Representative : Richard Smith , Bank of New England , The Applicant requests the release of Lot 8 on Winstead Road in the Pond Oaks subdivision pursuant to Decision # MRS2017 -02 ( previously MRS2004-23 ) . Documents : • 10/ 14/ 16 Dirt Works Estimate • 01 / 11 / 17 Decision# MRS2017 - 02 • 02/08/ 17 Assignment and Transfer of Easements and Rights • 02/09/ 17 Amended Covenants • 02/09/ 17 Declaration of Homeowners Association Trust • 06/06/ 17 Letter from Patrick Ellis • 06/08/ 17 Letter from John O ' Reilly • 06/ 13/ 17 E -mail from John O ' Reilly • 06/ 14/ 17 Certificate of Release of Covenant Taylor inquired as to the road bounds . Bennett responded and referred the Board to John O ' Reilly ' s letter filed in lieu of an as built plan . Hillis - Dineen read the June 6 , 2017 letter from Patrick Ellis of the DPW into the record . John Roman of 135 Winstead Road addressed the Board on behalf of the residents . Roman mentioned the residents were satisfied and that the work was complete other than back filling along the road . He requested the lot not be released from the covenant until backfilling is complete . The Board discussed whether the uncompleted work impacts the grade or safety of the road . The Board also discussed not releasing the lot until backfilling including loaming and seeding were complete . Jim Van Ness addressed the Board regarding the sale of lot 8 and the necessary release for the upcoming closing . PB Minutes 06/14/2017 Page 1 of 4 Collum referenced the letters provided by both John O ' Reilly and Patrick Elliis , DPW Director. He suggested the Board look to those letters for direction on how to proceed with the release of Lot 8 . Taylor noted that backfilling was a requirement in most subdivisions . The Board reviewed the contract between Bank of New England and Dirt Works and noted that backfilling was not referenced in the contract . Roman requested the lot not be released until backfilling was complete . The Board discussed conditioning the release . Motion by Taylor to Approve Release of Lot 8 from Covenant at Winstead Road contingent upon Completion of Backfillinq includina Loaminq and Seeding . Second by Collum . Vote : 5-0-0 . Reauest for Final Release of Lot from Covenant at Abbv Road : Request for Final Release of Lot from Covenant at Abby Road : Applicant/Owner : Jay Merchant . The Applicant requests release of Lot 13 on Abby Road in the Newcomb Knolls subdivision pursuant to Decision #2008-08 ( previously Special Permit #2007- 10 ) . Documents : • 05/28/08 Decision #2008-08 • 05/28/08 Newcomb Knolls Plan • 05/28/08 Modification to Existing Covenants • 07/26/ 12 Certificate of Partial Release • Letter from Joseph Borgesi • 05/21 / 17 As Built Plan • 06/ 14/ 17 Certificate of Release Degen read a Letter from Joseph Borgesi into the record . Motion by Hillis -Dineen to Approve Final Release of Lot 13 from Covenant at Abbv Road . Second by Collum . Vote 5 -0 -0 . 7 : 15 pm . 7 : 15 PM APPROVAL NOT REQUIRED Application #2017 -09 : Applicant/Owner : Christol Sebastian Sommer , Representative : Philip Scholomiti of Ryder & Wilcox , Inc . for property located at 0 Stony Brook Road and shown on Assessor' s Map 15 , Lot 61 in the R- M Zoning District . The Applicant proposes to divide 1 lot into 2 lots and to convey 1 of the lots to the abutting land owner. Documents . • 05/ 16/ 17 ANR Plan • 05/22/ 17 Application Phil Scholomoti was present on behalf of the Applicant and explained the conveyance of property to the Board . Bennett noted that both lots were conforming lots . Motion by Collum to Endorse Approval Not Required Application #2017 -09 . Second by Taylor. Vote : 5 - 0 -0 . PB Minutes 06/14/2017 Page 2 of 4 7 : 22 PM MODIFICATION OF SPECIAL PERMIT CONTINUED Application #2016 -25 : ( Continued from May 10 , 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 in the R- R Zoning District . The Applicant requests modification of Special Permit #2007 - 22 granted in accordance with 179 -26 . D of the Zoning Bylaw , known as the " Dirt Road Bylaw" . Documents : • 06/ 13/ 17 Letter from John O ' Reilly Collum read a letter from John O ' Reilly into the record requesting a withdrawal without prejudice of the Special permit Motion by Collum to Accept Withdrawal Without Prejudice on Modification of Special Permit Application #2016 -25 . Second by Degen . Vote : 5-0 -0 . 7 : 25 SPECIAL PERMIT SIGN Application #2017 -08 : Applicant/Owner : First Parish Brewster Unitarian Universalist , Representative : Karena Stroh for property located at 1969 Main Street and shown on Assessor' s Map 67 , Lot 1 in the R- M Zoning District . Pursuant to Brewster Zoning Bylaw § 179 -20 . 1 . J , the Applicant requests an exception to the allowable square footage for signage for a Church or Religious Use for one sandwich board sign , 2 ' x 3 ' in size (two sandwich board signs 2 ' x 3 ' in size during the summer) to be displayed in front of the meetinghouse one week prior to events open to the public . Documents . • 05/03/ 17 Application , Plan and Photos 0 06/08/ 17 Department Review Comments Rick Judd read Brewster Zoning Bylaw § 179 -20 . 1 . J into the record . Karena Stroh addressed the Board on behalf of the Applicant . Stroh noted that she has had conversations with the Building Commissioner regarding compliance issues related to the signs displayed in front of the meetinghouse . Bennett explained that the Applicant ' s signs exceed the square footage allowed under the sign bylaw and that is why a Special Permit is necessary . Hillis - Dineen asked about the lent i length o f time for which two signs would be needed during the summer . Stroh responded that two signs would be used during July and August . Taylor asked why two signs were needed and Stroh responded two signs were needed when two different events were taking place . Stroh noted that the signs were mostly used for tourists during July and August . The hearing was opened for public comment . Octavia Ausula , a church member, addressed the Board . Ausula noted the church has tried to limit the amount of time signs that are out and the amount of information on the signs . She further noted that the events advertised are public events not church only events . Degen read the Department Comments into the record . PB Minutes 06/14/2017 Page 3 of 4 A straw poll was taken . Degen stated she would vote not to approve the permit . Taylor , Hillis- Dineen , Collum and Judd stated they would vote to approve the permit Stroh requested a continuance to the June 28th Planning Board meeting . Motion by Collum to Continue Special Permit Siqn Application #2017 =08 to June 28 , 2017 . Second by Hillis -Dineen . Votes 5 =0 =0 . 7 : 44 PM PLANNING DISCUSSION CONTINUED Approval of Meetina Minutes The Board reviewed the May 24 , 2017 meeting minutes and discussed edits . Motion by Taylor to Approve May 24 , 2017 with edits . Second by Collum . Vote : 5 -0 -0 . Cumberland Farms Legal Opinion Documents : 05/ 19/ 17 Town Counsel opinion Bennett summarized the opinion provided by Town Counsel . She noted Town Counsel stated that the Planning Board does not have jurisdiction over the underground fuel storage tanks through site plan review . Taylor suggested adding standards to site plan review process to allow for more environmental protection standards . Collum noted that the Board had more discretionary authority in the special permit process . 8 : 03 PM LIAISON REPORTS Judd noted that he was attending a WQRC meeting on Friday , June 16tH Judd noted that John Dickson was interested in having a joint meeting with the Planning Board regarding elected versus appointed board members . Degen reported on the June 15th Board of Selectmen meeting . Bennett suggested discussion at the next meeting on the Housing Production Plan . The schedule for the Brewster Vision Advisory Group vision workshops was announced . Motion by Collum to adjourn . Second by Hillis - Dineen . Vote : 5 -0 -0 . Meeting adjourned at 8 : 09 pm . Next Planning Board Meeting Date : 06/28/17 Respectfully submitted , Charlotte Degen , Planning Board Clerk PB Minutes 06/14/2017 Page 4 of 4