HomeMy Public PortalAboutPlanning Board -- 2017-09-27 Minutes l I
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BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, September 27 , 2017 at 6 : 30 pm
Brewster Town Office Building - r"° ° ;
Chairman Richard Judd convened the Planning Board meeting at 6 : 39 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 : Jonathan Silverstein , Town Counsel , 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 : 30 PM PLANNING DISCUSSION
ADDroval of Meetina Minutes
The Board reviewed the minutes from the September 13 , 2017 meeting . Motion by Degen to Approve
September 13 , 2017 Meeting Minutes . Second by Taylor. Vote : 5 -0 -2 ( Collum and Barrett abstained ) .
6 : 40 PM APPROVAL NOT REQUIRED
Application #2017 -14 — Applicant/Owner: Marilyn B . deRuyter 2012 Revocable Trust , Representative : Philip
O . Scholomiti of Ryder & Wilcox . Inc . for property located at 220-224 Black Duck Cartway and shown on
Assessor's Map 20 , Lot 27 in the R- R Zoning District , The Applicant proposes to divide an existing lot into two
lots to enable a barn to be made a portion of the abutting easterly property .
Documents :
• 09/20/ 17 letter from Philip Scholomiti of Ryder & Wilcox
The Applicant has filed a request to withdraw without prejudice .
Motion by Hoffmann to Approve Request to Withdraw Without Prejudice on ADDroval Not Reauired
ADDlication #2017 -14. Second by Degen . Vote : 7 -0-0 ,
6 : 40 PM LAISION REPORTS
Hoffmann announced the dates of the next vision workshops . They are scheduled for Saturday , October 21St
from 9 am — 11 : 30 am ; Wednesday , October 25th from 7 pm — 9 : 30 pm ; and Thursday , October 26th from 9 : 30
am — Noon .
PB Minutes 09/272017 Page 1 of 6
6 : 44 PM PLANNING DISCUSSION CONTINUED
Cumberland Farms : Minor modification to site plan and decision #2016-09 ; proposed changes to western
entrance per Mass DOT .
Documents :
• 09-07- 16 Site Plan
• 09A4- 16 Site Plan Special Permit #2016 -09
• 09- 13- 17 &mail from Tarja McGrail summarizing plan revisions
• 09-21 - 17 Site Plan
• 09-27- 17 Site Plan ( CFG 4 . 0 only)
• 09-27- 17 Site Plan Review #2016 -09 Amended Decision (draft)
• 09-2017 Cumberland Farms Motion
Jamie Veara of Zisson & Veara , and Tarja McGrail of Coastal Engineering , were present on behalf of the
Applicant .
Veara summarized discussions with the Mass Department of Transportation , Board of Selectmen , Police Chief
and Fire Chief he has had since his last appearance before the Board in April . As a result of comments
provided through these discussions , changes to the site plan have been made . Veara noted that the most
significant change was to the west side curb cut .
Veara reviewed the Site Plan dated September 27 , 2017 . He pointed out the stop bar on the revised plan and
the revised signage including " do not enter" and " right turn only" . He noted that the Applicant preferred the 20 '
wide western access drive as allowed by Mass DOT . Veara noted that Mass DOT initially approved an 18 '
wide access drive with a mountable curb so a tanker truck could go over the curb , if needed . The plan was
redesigned with a 20 ' wide access drive because there is no longer a mountable curb . Raised pavement
markers will be used to deter vehicles from entering the exit only drive .
Degen inquired about the presentation to Mass DOT and Veara responded that the approved site plan was
presented to Mass DOT .
Hoffmann referred to the May 16 , 2016 site plan and noted changes to the western access drive since that
time . Hoffmann also noted that the current site plan does not have raised pavement markers along the painted
stop bar only along the side . She asked if a tanker truck could exit right towards Dennis with less than 20 '
available and Veara responded that it could but it may also hit the curb .
Collum asked about the Mass DOT decision and Veara explained that the approved site plan was reviewed
and has been modified .
Jonathan Silverstein , Town Counsel , spoke about the underground fuel tank storage issued by the Board of
Selectmen ( BOS) . He noted that the BOS approved the license with 20 ' wide access drive . Judd asked if the
BOS have the authority to require a 20 ' access drive . Silverstein responded that the BOS have the authority to
issue the license and in doing so consider traffic safety . He stated that this was an example of overlapping
subject matter between the boards but separate regulatory schemes .
Veara noted that the appeal period has run on the license issued by the BOS so the license is now valid .
Hoffmann discussed the intention of pavement markers and noted that with new sidewalks there would be
more bikers and walkers . Hoffmann also stated concerns with signage interfering with sight lines .
The Board reviewed the email prepared by McGrail regarding plan revisions .
PB Minutes 09/272017 1 Page 2 of 6
Hoffmann asked if the removal of diesel from the pumps would change the pump design and Veara responded
that it would not change the design . Degen asked why the reduction in tank storage would not scale back
operation and Veara stated that 32 , 000 gallons will require more deliveries but does not change site
circulation .
Hoffmann asked about pole mounted versus ground mounted transformers . McGrail responded that the
transformer has been relocated but a utility pole at the entrance was required for poles on Thad Ellis Road .
Hoffmann asked if the guy-wire would interfere with bike or pedestrian traffic and McGrail responded that it
would not interfere .
The Board discussed conditions including the specific location of signs within site being coordinated with the
Police Chief. The Board discussed the need for an east bound sign . A straw poll was taken regarding the
need for an east bound sign . Collum - No , Taylor - No , Hillis- Dineen - No , Hoffmann - No , Barrett - No and
Judd - No . Degen -Yes .
The Board took a straw poll as to whether they would approve a 20 ' wide western access drive with pavement
markers to be maintained . Degen — Yes , Taylor - Yes , Hillis- Dineen - Yes , Barrett - Yes , Hoffmann - Yes ,
Collum — Yes and Judd - No .
Veara reviewed changes made to the plan related to emergency access including an emergency gate near the
Seaway Road . He stated that a second hydrant was put in because the Applicant has rights to access through
Seaway Road . Veara also noted minor modifications to the eastern curb cut to change the radii , signage and
the mailbox are also being moved because they are currently in the highway lay out , and an existing easement
area within Foster Square has been added to the site plan .
Veara stated that the Applicant will put up a right turn only sign and will speak with the Police Chief regarding
the vegetation he requested be cut .
Motion by Hillis -Dineen to Approve the Amended Decision for Site Plan Review ADDlication #2016 -09
with Conditions including Location of Signage, Raised Pavement Markers to be Maintained , Re -
instatement of " Right- Turn Only" sign and Removal of Vegetation Creating Sightline Issues . Second
by Barrett. Vote : 5 -2 -0 (Judd and Taylor — No ) .
8 : 13 PM SITE PLAN REVIEW AND SPECIAL USE PERMIT
ADDlication #2017 - 11 : ( Continued from August 23 , 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- 12- 17 Landscape Plan
• 09-27- 17 Draft Special Use Permit & Site Plan Approval Decision #2017- 11
• 08 -28- 17 E -mail from Sue Towner
• 09- 12 - 17 E - mail from George Boyd
• 09-20 - 17 E -mail from Faythe Ellis
Roberta Barrett recused herself.
PB Minutes 09/272017 Page 3 of 6
John O ' Reilly , Project Engineer, Tom Devane , Project Manager, and John Mostyn , General Counsel and David
Hawk of Hawk Design , Inc . were present on behalf of the Applicant .
Hawk reviewed the landscape plan with the Board including the plantings around the entrance way and those
inside the complex . Hawk noted that there are 150 plantings shown on the plan with shade trees at the
corners to provide buffering to the abutters . He further noted that the abutting properties were lined with white
pines varying in height from 8 ' to10 ' . There are also an additional 17 white pines proposed at a height of 6 ' to
8 ' .
Taylor asked if the shrubs being used were native and Hawk responded that not all are natives . Taylor noted
that native species should be used to help the animal habitat . Hawk acknowledged the comment and stated
that the goal was to provide sturdy plants that will grow and thrive quickly .
Taylor suggested a condition on maintaining plantings .
Hoffmann read the September 20 , 2017 e-mail from Faythe Ellis into the record . Degen read the September
12 , 2017 e- mail and letter from the Brewster Historical Commission into the record . Degen read the August
28 , 2017 e- mail from Sue Towner into the record .
Taylor asked about an additional condition on landscaping including maintaining the trees on site .
The hearing was opened to the public for comment .
Sharon Leder, Brewster resident , expressed concerns as a neighbor. She applauded the Board ' s requirement
of a landscape plan . Laitder stated that a positive view toward living quarters has to do with beauty and
landscaping will help while also providing a sense of belonging and community . She inquired as to whether
the landscaping would be maintained as it was in the Ocean Edge condominiums . Tom Devane responded
that the landscaping would be maintained and the upkeep would be done by the same people who do
landscaping for the Ocean Edge condominiums .
Tom Suffriti , 59 Thad Ellis Road , inquired about the sequence for planting outside of fence as he had concerns
that heavy equipment would destroy his property . Devane responded that the plants would be put in first
without disruption from the fence . Suffriti thanked the Board members who visited the site .
Jan Moore , Main Street , asked about the timeline for completion of plantings . Bennett stated that the plantings
would need to be completed prior to issuance of a Certificate of Use and Occupancy .
Chris Powicki , 2042 Main Street , stated that the landscaping and fencing will not help with mitigation and he
had concerns about the project being in Brewster.
Evelyn Franzen , Thad Ellis Road , asked whether the vegetation would help with any noise from the complex
and Hawk responded that acoustical engineers have determined that it will not create an acoustical buffer.
Degen asked if the stockade fence would help with sound and Hawk stated that he does not think it will help
with sound .
Sharon Laitder, asked if Ocean Edge would be required to maintain the landscaping and Bennett stated that a
condition could be included that plantings will be maintained .
Mostyn noted that there will be on site security .
Hillis- Dineen suggested periodic inspections for compliance and to review any issues with abutters .
PB Minutes 09/272017 Page 4 of 6
Motion by Collum to Close Public Hearing on Site Plan Review and Special Use Permit Application
#2017 =11 and to Keep the Record Open . Second Hoffmann . Vote : 6 -0-0 .
Hillis- Dineen followed up on town inspections and Bennett responded that the Zoning Enforcement Officer
addresses issues brought to his attention .
The Board discussed including conditions for plantings to be maintained and for any existing trees to be
maintained , if possible .
Motion by Collum to Approve Site Plan Review and Special Permit Application #2017 =11 . Second by
Degen . Vote ; 4-2=0 ( Hoffmann and Hillis - Dineen — No ) .
The Board continued discussion on the application .
Hoffmann stated she voted no because she had concerns about the residents feeling secluded with such an
isolated plan . She stated it did not provide a sense of community but isolation . Degen noted that living on site
was elected not required .
Hillis- Dineen stated her concern with the experimental nature of project . She stated that there was going to be
a lot of people in close quarters and she was concerned with length of time the permit would be valid .
Hoffmann read the special permit standards 179-51 into the record . Hoffmann noted that Ocean Edge met
standards on safety and landscaping but did not meet standards of providing views or vistas in harmony with
the neighborhood or historical character of the neighborhood .
Hillis- Dineen had concerns that the project will be detrimental to the surrounding neighborhood and Town .
Mostyn asked for a re-vote and noted that the Applicant cannot apply for another 2 years since the application
was denied . Mostyn further noted that the project is in the C= H zone as are the abutters , the site is not visible
from Route 6A , will be screened and highly regulated .
Mostyn suggested the Applicant would provide a report to the Board in the middle of first season to address
any abutter complaints .
Motion by Hoffmann to Reconsider Vote on Site Plan Review and Special Permit Application #2017 = 11 .
Second by Hillis - Dineen . Vote : 6 =0 -0 ,
The Board discussed status/compliance reporting . Mostyn suggested the Applicant will return to Board at end
of first season for a compliance review and suggested a deadline of December 1 , 2018 .
Taylor requested feedback/monitoring reports as the project progresses .
The Board discussed a meeting with the Applicant before the Board on or before December 1 , 2018 to review
the status of project .
Motion by Hillis -Dineen to Approve Site Plan Review and Special Permit Application #2017 =11 with
Amended Condition as discussed . Second by Hoffmann . Vote : 6 -0-0 .
9 : 40 PM SITE PLAN REVIEW
Application #2017 -10 : ( Continued from August 23 , 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
PB Minutes 09/272017 Page 5 of 6
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 filed a request to continue the application to the November 8 , 2017 meeting .
Motion by Hoffmann to Continue Public Meeting on Site Plan Review ADDlication #2017=10 to
November 8 , 2017 . Second by Degen . Vote : 6 -0 -0 .
9 : 43 SPECIAL PERMIT SIGN
ADDlication #2017 -12 : (continued from August 23 , 2017) 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 R4 Zoning District . Pursuant to Brewster Zoning Bylaw § 179-20 . 1 . J , the Applicant
requests an exception to the allowable square footage ( 16 square feet) for signage for a Church or Religious
Use in order to increase the size of its main sign from approximately 4 . 375 square feet to 12 square feet . This
would bring the total square footage of signage on this site to approximately 20 square feet including the
Wayside Pulpit sign which is approximately 8 square feet .
Documents .
• Continuance Form
• 09-05A7 letter from the Building Commissioner
The Applicant filed a request to continue the application to the October 25 , 2017 meeting .
Motion by Hoffmann to Continue Public Hearing on Special Permit Sian ADDlication #2017=12 to
October 25, 2017 . Second by Degen . Vote : 6=0-0 .
Motion by Hoffmann to adjourn . Second by Hillis - Dineen . Vote : 6 =0-0 . Meeting adjourned at 9 : 47pm .
Next Planning Board Meeting Date : 10/11 /17
Respectfully submitted ,
9
1, 4W A X
/6
Charlotte Degen , Ple ning Board Clerk
PB Minutes 09/272017 Page 6 of 6