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HomeMy Public PortalAboutPlanning Board -- 2017-08-09 Minutes °E"w's° %,,, Brewster Planning Board nn Approved : 8/23/17 E1.DERy `t. /j/i of�o� ° ��77.'' 2198 Main Street Vote : 7 -0 -0 3 D " Brewster, MA 02631 - 1898 0 ( 508 ) 896 -3701 x1133 brewplan@brewster-ma . gov BREWSTER PLANNING BOARD MEETING MINUTES i,I E.t'151I : T '` LK Wednesday, August 9 , 2017 at 6 : 00 pm Brewster Town Office Building Chairman Richard Judd convened the Planning Board meeting at 6 : 07 pm in the Brewster Town Office Building with members : Roberta Barrett , Scott Collum , Charlotte Degen , Madalyn Hillis - Dineen , Kari Hoffmann and Elizabeth Taylor. Also present : Sarah Turano - Flores , Town Counsel , 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 : 08 PM PLANNING DISCUSSION Review and discuss zonina bvlaw amendments Bennett summarized proposed changes to the site plan review section of the zoning bylaw. The Board reviewed and discussed proposed revisions . The Building Commissioner clarified questions from the Board regarding the issuance of variances and special permits related to non -conforming situations . 6 : 51 PM EXECUTIVE SESSION The Board moved to go into executive session to discuss strategy with respect to litigation as an open meeting may have a detrimental effect on the litigation position of the Town ; Arts Empowering Life , Inc. (formerly Gloriae Dei Artes Foundation , Inc . ) v . Brewster Planning Board . Judd stated that the Board would reconvene the public meeting after the executive session . Hoffmann recused herself from the executive session and left the room . The Board held a roll call vote to enter into executive session : Barrett — aye Hillis - Dineen — aye Degen — aye Taylor — aye Collum - aye Judd - aye 7 : 13 PM PUBLIC MEETING Motion by Collum to Reconvene Public Meeting . Second by Degen . Vote : 5 -0 -0 Special Permit Decision #2017 -13 : Applicant : Arts Empowering Life , Inc . (formerly Gloriae Dei Artes Foundation , Inc . ) Documents : Site Plan and Dimensional Special Permit #2017- 13 i Judd explained that the Board had been ordered by the Court to issue a special permit to Arts Empowering Life , Inc . (formerly Gloriae Dei Artes Foundation , Inc . ) . There will be no public hearing on the matter . Judd PB Minutes 08/09/2017 Page 1 of 7 further explained that the special permit was drafted pursuant to the Court' s order and with assistance from Town Counsel and has been reviewed by the Board . Motion by Collum to Issue Site Plan and Dimensional Special Permit #2017 -13 . Second by Degen . Vote : 5 -0 -0 . 7 : 16 PM SITE PLAN REVIEW Hoffmann returned to the room and rejoined the Board . Application #2017 -10 : ( Continued from July 26 , 2017 ) Applicant : Christian F . Davenport . Owner : Christian F . Davenport , Trustee and Dewitt P . Davenport , Trustee for property located at 420 Cranview Road and shown on Assessor' s Map 19 , Lot 43 in the R- R Zoning District . Consistent with Brewster Zoning Bylaw § 179-66 , the Applicant proposes to construct a 60 ' x 100 ' building for agricultural purposes including a single family dwelling on the second floor. Documents . • Continuance Form The Applicant has requested a continuance to the August 23 , 2017 meeting . Hillis- Dineen read the continuance form into the record . Motion by Degen to Continue the Public Hearing on Site Plan Review Application #2017 -10 to August 239 2017 . Second by Collum . Vote : 6 -0 -0 . 7 : 20 PM SITE PLAN REVIEW AND SPECIAL USE PERMIT Application #2017 - 11 : ( Continued from July 26 , 2017 ) Applicant : Ocean Edge Resort LTD Partnership . Owner: Brewster Properties , Inc . & Old Kings Highway Nominee Trust , Representative : John M . O ' Reilly , P . E . , P . L . S of J . M . O ' Reilly & Associates , Inc . for property located at 0 Main Street and shown on Assessor' s Map 89 , Lots 23 and 35 in the V- B , C - H , and R- M Zoning Districts . Consistent with Brewster Zoning Bylaw § 179- 66 , the Applicant proposes to construct temporary workforce housing for employees of Ocean Edge Resort Operations . Pursuant to Brewster Zoning Bylaw § 179 - 11 , a special permit for a hotel/motel use is required in the C - H Zoning District . Documents . • 09/ 19/ 16 CCRTA Brewster Town Report ( submitted at 08/09/ 17 meeting ) • 07/ 12/ 17 letter from Evelyn and John Franzen • 07/27/ 17 letter from Jan Moore • 07/28/ 17 e- mail from Stan and Sandra Godwin • 07/28/ 17 e - mail from Patricia Hess • 07/31 / 17 e- mails (2) from Patricia Hess • 07/31 / 17 letter from Faythe Ellis • 08/02/ 17 site plan • 08/02/ 17 letter from Division of Fisheries & Wildlife • 08/03/ 17 plans for standard and accessible units • 08/03/ 17 letter from John Mostyn including housing contract and rules • 08/06/ 17 letter from Barry and Nancy Souder • 08/07/ 17 e- mail from Sue Towner • 08/07/ 17 e- mail from Victor Staley • 08/08/ 17 e- mail from Paul Young PB Minutes 08/09/2017 Page 2 of 7 • 08/09/ 17 letter from Barbara and Matt Losordo • 08/09/ 17 letter from Geoff and Becky Smith • 08/09/ 17 letter from John Lipman John O ' Reilly , Project Engineer, Tom Devane , Project Manager, and John Mostyn , General Counsel , present on behalf of the Applicant . Mostyn reviewed security protocols that would be used on site including a security detail from 10 pm — 3 am daily , an onsite manager, and a security camera . Mostyn referenced and summarized the terms of the employee housing contract . Mostyn explained that the project has been moved an additional 29 feet to the east . 60 feet of no disturb zone . 400 linear feet of stockade fence is also being provided . The floor plan of units changed due to comments received from the Health Department. Each bedroom has been increased to 120 square feet . Mostyn stated that Ocean Edge has 480 seasonal workers . Ocean Edge has 238 J1workers and 41 % of those workers live 3 or more miles away from Ocean Edge . Mostyn noted this site was also chosen because it is in the Commercial High Density ( C - H ) zoning district , and noted that the residential abutters are also in the C- H zone . Mostyn read a list of uses that would be considered by right uses in the C- H zoning district . Mostyn noted that the project site was outside of the Historic District and not visible from Route 6A . Mostyn stated that the project is more than 100 feet from any wetlands resource . He also explained that recently the MA Division of Fisheries and Wildlife Natural Heritage Endangered Species Program had issued new maps August 1 , 2017 and the project is now completely out of the mapped priority habitat area for endangered species . Mostyn stated that this workforce housing proposal is better and more affordable than other options available to their employees . Mostyn stated that the housing is available to all their seasonal workers not just J1 workers . He noted that Ocean Edge is not obligated to provide housing to J1 workers and is not requiring J1s to stay in this development . O ' Reilly reviewed changes made to the site plan . He stated the changes included moving the complex further east and adding a 6 foot stockade fence . O' Reilly reviewed changes made to the floor plans and noted the living rooms previously included in the units had been eliminated to enlarge the bedrooms . He stated the total square footage of the buildings is now 9300 square feet . O ' Reilly explained that the walkways to the side of the units were inadvertently left off the last site plan and have been added to the current plan . Taylor asked why the fence was not surrounding all sides of the complex and O ' Reilly explained the fence was to keep residents from heading west and north to the abutters ' properties . O ' Reilly further stated that because of the vegetation present , Ocean Edge felt a fence was not needed on all sides . Taylor asked if additional vegetation would be added . Hillis- Dineen stated that she was glad the Applicant provided the stockade fence but would like to see the project moved even further away from Thad Ellis Road . Degen asked if the Applicant has requested a waiver of landscaping . O ' Reilly explained they were hoping to use existing landscaping to satisfy the screening and buffer requirements in the C - H zoning district . Degen noted that vegetation not only has sound benefits but creates a sense of community . Degen suggested vegetation be placed on both sides of the fence and around the complex as well , to help foster a special place to live for the tenants . Hoffmann noted there are now 2 bike racks instead of 1 . Hoffmann asked for clarification on points of egress around the complex and also asked why the building was not moved closer to Villages Drive . O ' Reilly stated that the owners made an effort to listen to the abutters and have moved the site away from the abutters even more than is required . O' Reilly stated there is no engineering , zoning , or conservation reason why the building PB Minutes 08/09/2017 Page 3 of 7 could not be moved closer to Villages Drive . Hoffmann noted that the Board needed to consider both character and if the site was suitably landscaped . Collum noted that the project is in the C - H zoning district and many things can go there by right . He stated that with a special permit application such as this the Board could work with the Applicant and the abutters but a site plan review would not give the Board as much discretion . The special permit application allows the Board to help mitigate issues with the project , Judd noted that to center the complex it would need to be moved 21 feet further to the east . Judd asked how long the project would be in place and Mostyn responded most likely not more than 7 years . Judd asked about the elevation and pitch of the roof as well as proposed lighting , He referenced the required housing contract and described it as being very stringent and strict . Judd further noted that an Approval Not Required application would be necessary . The hearing was opened to the public . Margaret McKnight , 28 Thad Ellis Road , stated her concerns related to the priority habitat area and the redrawing of maps by Natural Heritage . Bennett responded that the state determined the redrawn mapped areas . Paul Derry , a Brewster resident , stated that he has met some of the Ocean Edge employees and thinks they are wonderful , Ocean Edge has taken responsibility for their temporary employees and it is the right thing for them to do . Derry further stated that Ocean Edge was welcoming their employees with this housing and that shows character. Tom Suffriti , 59 Thad Ellis Road , stated that hotel/motels were for those who were transient and Ocean Edge workers are seasonal not transient. He stated the workers are here for 5-7 months . Suffriti further stated that hotels/motels are open to the public and this housing is not opened to the public . He also referred to planned residential development and stated that a project such as this has never been done in Brewster. Suffriti also referenced Table 1 ( Use Table ) from Chapter 179 Zoning Bylaw. He asked the Board to say no to the special permit. Meridith Baier, 2663 Main Street , described the importance of J 1 s and other seasonal workers to the community . Baier stated that it should be a priority to keep J1s safe and she has concerns that there will be housing issues that arise and the J 1 s will not be in a position to speak up . She stated they will fear being fired by the employer who is also their landlord . If they are fired , they will lose their sponsorship and have to leave the country . Baier also stated that bike safety is a problem and will continue because but most workers have 2- 3 jobs and will need to travel to their other jobs . She also expressed concerns about the small size of the kitchen . John Lipman , a former Brewster resident , felt the project would help ease some of the bike safety issues while offering clean and convenient housing to employees . Lipman thought the project would be welcomed by Ocean Edge' s employees and that it was convenient , smart and the right thing for Ocean Edge to do . Richard Koch , Brewster Chief of Police , stated he believes the project will help with bike safety issues . Koch stated that based on his observations of other housing offered in Brewster, there are safety concerns . Koch noted that Ocean Edge has been very cooperative with the Brewster Police , Alex Wentworth , 786 Stony Brook Road , spoke about biking concerns , specifically access to the Rail Trail and congestion on Thad Ellis Road . Lynn Max , 68 Vesper Pond Drive , voiced concerns about the landscaping . She suggested Lelyand Cypress be planted to mitigate noise and be green year round . PB Minutes 08/09/2017 Page 4 of 7 Jan Moore , Main Street , noted that the Flex bus operates 7 days per week . Moore summarized usage statistics she received from the Cape Cod RTA . Moore is concerned with temporary nature of the project . She specifically noted that there was no septic plan provided by the Applicant . Moore expressed concern about issuing a special permit , She felt a hotel/motel use was not the appropriate use for this special permit and the Board should be detailed and specific with any special permit it issues to Ocean Edge . Collum asked the Building Commissioner how he determined that hotel/motel use was appropriate for this application and the Building Commissioner responded that the project meets the definition of motel use listed in the Use Table . Hillis - Dineen and Taylor noted that the Board of Health referred to the project as a " rooming house " . Bennett stated that the Board of Health ' s definition of the project was from the state sanitary code not the zoning bylaw . Judd asked for clarification regarding principal structures allowed on one lot and the Building Commissioner responded that because the project was a complex , under the motel use definition , it is allowed . Judd asked about the definition of transient and the Building Commissioner noted that it was not defined in the zoning bylaw. He suggested that it meant not permanent . Fay Ramsay , Thad Ellis Road , stated that this was not a motel/hotel but a trailer park . She felt this project falls within a separate category because the units are temporary and could be moved if wheels were put on them . In response , Mostyn clarified that the units were not motorized in anyway but are modular homes . Steve Max , 68 Vesper Pond Rd , asked about the process necessary if Ocean Edge wanted to put a permanent hotel on the site . Collum responded that Ocean Edge would need to return to the Board to modify their special permit . Hillis - Dineen asked about the life expectancy of a modular house . The Building Commissioner responded that modular homes have to be manufactured to meet state building code . Taylor asked about rules and regulations regarding alcohol on site . Mostyn responded that an alcohol prohibition will be included in a revised copy of the rules and regulations . Judd asked about the status of the Applicant ' s work with DEP regarding the septic system . O ' Reilly stated that Ocean Edge would be meeting with DEP and he expected that since there was an approved septic system installed either DEP would approve that system or would approve with conditions for long term mitigation . O ' Reilly noted that the state oversees the septic systems at Ocean Edge not the Town of Brewster. Hoffmann asked what would be done if the bike path had to be disturbed for the septic system and Mostyn responded that Ocean Edge was discussing options with DEP as well as a timeline to address this issue . Taylor asked if additional housing was planned and Mostyn responded that no additional housing was planned . Collum referenced a comment made by a member of the audience regarding transferring septic from one lot to an adjacent lot . O ' Reilly noted that it is a common occurrence to transfer from one lot to another and it would be part of the state approval process . Taylor asked about access from the site to the bike path and Mostyn responded that there is a path from Villages Drive to the 15th tee of the golf course at Ocean Edge that bicyclists can use . Y Evelyn Salvadore Franzen , Thad Ellis Road asked for clarification on the swale and how water will drain from the property . Franzen also expressed concerns regarding the gravel parking lot and oil and anti - freeze leaks . O ' Reilly responded that the site was designed with two vegetated grass swales on the east and west to help with drainage . On the north side of the site there is a slight slope that will help with drainage from the back of the buildings . O ' Reilly further explained that the center of the site was at a higher point . The swales will help move the water in a southerly direction . The swale is designed to be at a lower grade than the buffer at the west of the property . O ' Reilly confirmed that there would not be catch basins or leech pits in the parking lot . PB Minutes 08/09/2017 Page 5 of 7 Bennett noted that the Applicant had requested a waiver from the landscaping requirements but noted there is no bylaw provision to grant such a waiver . Bennett further stated that the Board could decide that the site ' s natural vegetation was sufficient and the landscaping standard therefore did not apply , or that the Board could include conditions related to landscape standards . Bennett also clarified that the Board could issue a special permit with a time limit . For example , the permit could be granted for 5 years at which time the Applicant would return to the Board for an extension . Mostyn noted that the Applicant needs 5 years for the project and would come back if an extension is necessary . Mostyn noted that the Applicant had hoped the landscaping and/or fence was satisfactory to the Board but if it is not the Applicant is willing to add additional landscaping but it would need to be worked out with their landscape designer. O ' Reilly stated the Applicant needed input from the Board on landscaping , the fence , and whether the project needed to be moved further east . Hillis- Dineen responded that she would like the fence to stay in place and a row of Leyland Cypress trees added . She would also like to see the building moved closer to Villages Drive . Hillis - Dineen expressed her concerns regarding what the workers would be required to pay for rent and also noted that there are people who rely on renting their homes to seasonal workers for additional income . She would also like to see landscaping added within the complex . Degen stated that feels strongly about creating a naturalized environment . She believes that landscaping is necessary for a good visual and sound barrier . She stated that this should be seen as a model and provide a sense of community . Taylor responded that she would like to see the complex moved another 20 feet from the abutters , the fence be added and a row of Leyland Cypress be planted pre- construction . Taylor also recommended landscaping within the complex . Collum stated that Ocean Edge has been responsible and is working with the abutters on the design of this project and has made concessions . Collum further stated that he was in favor of the condition that the special permit have a time limit with an option of renewal . Hoffmann noted that under site plan review standards the Board has some jurisdiction and encourages the Applicant to not harm any tree greater than 12 inches in diameter. Hoffmann stated that character is not only physical but also includes a sense of community . Hoffmann stated that she agreed with moving the building another 20 feet towards Village Drive . She agreed that the site needs to be suitably landscaped and a row of Leyland cypress should be put around the fence . She liked the idea of adding landscaping within the complex . Hoffmann agreed that the permit should be temporary and also would like to see a condition related to the septic system approval . Bennett suggested a condition that the septic system be approved before a building permit is issued . Degen asked the Applicant if a 5 year permit was necessary . She suggested a 3 year permit . Mostyn responded that anything less than 5 years would be an investment risk to the Applicant . He further stated that the Board has recourse through an enforcement action by the Building Commissioner. Judd stated he was in agreement with moving the complex 20 feet east and would like to see a fence on site . Judd does not believe landscaping is need to the north of the site . He further stated that landscaping could be added to the west but does not necessarily have to be Leyland Cypress . He suggested if landscaping was included in the interior it should be functional . Judd stated he doesn 't want to see something planted that looks good now but will just be torn out and thrown away once the next project comes along . O ' Reilly stated that the Applicant would be willing to move the complex 20 feet to the east and submit a landscaping plan for the Board ' s review . He further stated that the owners would need to speak to a PB Minutes 08/09/2017 Page 6 of 7 landscaper to decide what would be best as a buffer between the complex and the abutters as well as what makes sense to plant within the complex . Taylor noted that this was a first of its kind project on Cape Cod and could become a model for other employers . Hoffmann asked if the building could be moved an additional 5 feet to the east . O ' Reilly responded that moving the complex 5 feet to the east is not necessary with the proper landscaping buffer in place . Motion by Hoffmann to Close Public Hearing on Site Plan Review and Special Use Permit Application #2017 =11 Second by Degen . Vote : 6 =0 -0 . Motion by Hillis - Dineen to Continue Public Meeting on Site Plan Review and Special Use Permit Application #2017 = 11 to August 23 , 2017 . Second by Taylor. Vote : 6 =0 -0 , 9 : 32 PM PLANNING DISCUSSION CONTINUED Bennett summarized the memorandum provided to the Board by the Town Administrator regarding recreational marijuana and bylaw amendments . Collum asked if the Planning Board was required to hold a public hearing on this issue and Bennett confirmed the Board was required to hold the public hearing because the amendment would be to the zoning bylaw . The Board discussed potential public hearing dates . Degen noted that public comment letters received on the workforce housing application made reference to the work of the vision advisory group and waiting to decide on the application until the vision advisory group ' s work I s completed . Bennett responded and noted that the Board was under a deadline imposed through the special permit process and should issue their decision accordingly . Motion by Degen to adjourn . Second by Hillis - Dineen . Vote : 6 -0 -0 . Meeting adjourned at 9 : 40 pm . Next Planning Board Meeting Date % 08/23/17 Respectfully submitted , )LL14 C rlotte Degen , Plan ' ng Board Clerk I PB Minutes 08/09/2017 Page 7 of 7