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Home My Public Portal AboutPlanning Board -- 2021-03-10 Minutes 1 .1 C.. . i t Rows Brewster Planning Board Approved : 04114/21 ' �� 0\001II11Illlllu/U/j�i� 4 , EE° E^Le Fop % 2198 Main Street Vote : 7 -0 -0 . x N41 ��A . = Brewster, MA 02631 - 1898 i o _ > _ ( 508) 896 =3701 x1133 1 rn y ` brewplan@brewster-ma . gov � ' = ° ° BREWSTER PLANNING BOARD ` . . I X0 ( 11�9 \\��\\ MEETING MINUTES Wednesday, March 10 , 2021 at 7 : 00 pm Brewster Town Office Building (virtual ) Chair Paul Wallace convened a remote meeting of the Planning Board at 7 : 00 pm with the following members participating remotely : Roberta Barrett, Amanda Bebrin , Charlotte Degen , Madalyn Hillis-Dineen , Kari Hoffmann , and Elizabeth Taylor. Also participating remotely : Ryan Bennett , Town Planner and Lynn St. Cyr, Senior Department Assistant . The Chair read the Notification : This meeting will be conducted by remote participation pursuant to Governor Baker's March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible , The meeting may be viewed by: Live broadcast (Brewster Government TV Channe118), Livestream (w ww. livestream. brewster-ma . goy, or Video recording (www. tv. brewster-ma. gov) The Planning Board Packet can be found at: httr) :Hrecords brewster-ma qov/weblink/0/fol/ 118269/Row1 . aspx or by going to the Planning Department page on the Town of Brewster website (www . brewster- ma . gov) . Wallace declared that a quorum of the Planning Board was present. 7 : 02 PM PUBLIC HEARING Modification of a Definitive Subdivision Plan Application #2021 -02 : Applicant/Owner: James and Kathleen Bloomer and John and Patricia Long , Representative : John M . O' Reilly of J . M . O ' Reilly & Associates , Inc. for property located at 100 Bloomer Path and shown on Assessor' s Map 38 , Lot 93 in the Residential Medium Density ( R- M) zoning district. The Applicant proposes to divide one lot ( Lot 1 ) into two lots with improvements to include : the widening of the driveway , the addition of Town water including a hydrant , and the addition of a turnaround for emergency vehicles . This is a modification of a 1997 definitive subdivision plan . Documents : • 01 / 15/21 Modification of a Subdivision Plan of Land 01 / 15/21 Proposed Site Plan 01 /27/21 Planning Board Application , Narrative and Supporting Documents 03/04/21 Department Review Comments 03/ 10/21 Email from Joyce Booth Motion by Hoffmann to Open the Public Hearing on Modification of a Definitive Subdivision Plan Application #2021 -02 . Second by Bebrin . Vote : Degen -aye ; Hoffmann -aye ; Barrett-aye ; Bebrin -aye ; Hillis -Dineen -aye ; Taylor-aye ; and Wallace-aye . Vote : 7-0 -0 . John M . O' Reilly of J . M . ' O ' Reilly & Associates , Inc . was present on behalf of the Applicants James and Kathleen Bloomer and John and Patricia Long . O ' Reilly stated that he is working with the Bloomers on division of Lot 1 from the approved 1997 subdivision plan . Lot 1 totals 5 . 68 acres and is improved with a single family dwelling . The Bloomers are interested in creating two residential house lots . In reviewing the previous subdivision plan , the notes on the plan do not allow further division until suitable access is addressed . O' Reilly stated that the Applicant has been working with the Fire Department and the Conservation Commission . As a result of that work, the Applicant proposed a two lot subdivision with one lot retaining the existing dwelling and the other lot being vacant. The Applicant filed a Notice of Intent with the Conservation Commission to address the narrowness of the driveway . There are two residential lots being served by the paved driveway off Lower Road . The driveway is paved and is a single lane which measures between 10 . 5 ' to 11 . 5' in width . There is no water within the right of way . Mr. Bloomer' s lot is serviced by private water through an easement from Ambergris Circle . O' Reilly stated that the Fire Department has requested a turnaround for emergency vehicles within the cul -de-sac and for fire safety a water main which will be connected to a hydrant . The width of the driveway was addressed through the Conservation Commission as a result of Fire Department concerns that the trucks would not be able to stay on the PB Minutes 03/10/21 Page 1 of 5 driveway at its current width and would end up on spongy areas . The Applicant received approval from the Conservation Commission to use gravel berms along the sides of the road for ease of navigation by the Fire Department . O ' Reilly stated that there is a culvert underneath the driveway that was damaged as a result of an automobile accident. Through the Conservation Commission review process , the Applicant has offered to replace the culvert as part of their mitigation efforts . O ' Reilly stated that a modification application was submitted because an Approval Not required application was not suitable given the plan notes . O ' Reilly further stated that the two lots being created conform to the necessary frontage and area requirements for the zoning district, the wetlands have been located and address , and the Applicant continues to work with the Fire Department. Hoffmann read the Department Review Comments dated March 4 , 2021 and an email from Joyce Booth dated March 10 , 2021 into the record . Barrett stated that she believes the Applicant has addressed the primary concerns from the plan notes with their work with the Building Department, Conservation Commission , and Fire Department . Barrett does not have any concerns about the proposed division . Bebrin asked if the Applicant planned on leaving the lot vacant and O ' Reilly stated that a single family dwelling was proposed . Bebrin stated that she believes the Applicant has addressed the concerns regarding access . Taylor asked about the numbering of the lots and O' Reilly responded that he follows a numbering system used by the Land Court. Hillis- Dineen asked for more details on the driveway including the choice of asphalt over gravel or shells as the property is located off one of the most historic roads in town . O ' Reilly responded that the driveway has been paved since the original subdivision in 1997 . O ' Reilly stated that the Applicant chose to keep the asphalt due to the wetland soils present in the area . Asphalt is more stable than other options . O ' Reilly also noted that the asphalt was not being expanded as gravel would be used on both sides of the asphalt for protection to the wetlands . If gravel was used for the entire driveway it' s possible that it would wash out more easily and could cause harm to the wetlands . Degen asked about the comments received from the Historic District Committee and O ' Reilly responded that he would check to see if approval was needed for driveway work . Degen asked about ownership of the road and O' Reilly responded that it is a private way and both lots currently on the road own to the centerline . The Applicant will have to seek permission from the other owner of the road to make improvements in the cul-de-sac and to the driveway . Lot #2 is owned by another member of the Bloomer Family and they are working together. O' Reilly stated that if the owners could not work together it would be a civil matter not one in which the Board would be involved . Hoffmann asked for confirmation that no additional asphalt was being used . O ' Reilly explained that the current asphalt would be disturbed by the addition of the new water main but the asphalt would be repaired and a new finish would be added . The stone shoulders being added are only on the area of wetlands . Hoffmann asked the Applicant how the wetlands would be protected during the work and O' Reilly responded that there will be a limit of work line , an erosion control fence will be put up , and straw waddles will also be used . The shoulders will be loamed and seeded with a drought tolerant mix. Conservation will conduct a compliance review. O' Reilly stated that with the width of the road the paving can be done in one pass so there will not be a lot of truck traffic. Hoffmann asked about the tags in the trees at the Lower Road end of the driveway and O' Reilly stated that those were limit of work lines for the conservation department. He further stated that the Applicant is not approved to remove any vegetation from that area and that is not the intent . Hoffmann asked whether the Fire Department needed any of the vegetation removed for access purposed and O' Reilly stated not to his knowledge because there is 14' of clearance . The Applicant does trim the vegetation . Hoffmann asked about the order of conditions issued by the Conservation Commission and O ' Reilly stated that the conditions included the revegetation , limit of work, notification to Conservation Department of when work is being done for spot inspections , and other standard conditions . Hoffmann asked if the Conservation Commission conditions should be included in the Board ' s decision and Wallace responded that the Conservation conditions are not necessary but the Board can include a condition that final approval from the Conservation Commission is needed . Hoffmann asked about disturbance to Lot #2 and whether the owners of Lot #2 would need to seek a modification because of work being done to create the turnaround . O' Reilly 'responded and directed the Board to the site plan filed with the application . O' Reilly stated that vegetation will need to be removed to create the turnaround but that is within the right of way and the two owners are working together. Hoffmann asked if the owners of Lot #2 need to be involved in the review since their property was being impacted . O' Reilly stated that all improvements were being made in the right of way . Hoffmann requested that the Board seek Page 2 of 5 PB Minutes 03/10/21 acknowledgement from the owners of Lot #2 , 157 Bloomer Path , that they are aware of the impacts via the work in the right of way . Wallace responded that he did not think that was necessary as the original 1997 subdivision included a paper road which contained the turnaround . O' Reilly confirmed that all the work being done is within the paper road shown on the 1997 subdivision plan . O ' Reilly further stated that there is no work proposed on private property . Wallace stated that his concern was access as referenced on the original subdivision plan and that a condition of the decision should include final approval from the Fire Department as well as final approval from the Conservation Commission , and , if needed , approval from the Historic District Committee , June Cameron , 164 Ambergris Circle , stated that her property abuts the newly established Lot #4 . Cameron would like to know where the water source/easement from Ambergris Circle is located . Cameron also asked if the new water source would be from Lower Road or Ambergris Circle . O' Reilly responded that the intent of the division is that the new Lot would be served by the new water main connecting from Bloomer path to Lower Road . Cameron followed up by asking if the family has decided where a new home will be positioned on the lot. O ' Reilly stated that he has not been engaged in the design work at this time and therefore cannot answer the question . David Commito , 218 Ambergris Circle , asked if improvements to the road such as paving were being done only to the end of the road near the wetlands . O ' Reilly responded that improvements were being done in the area of the wetlands and also at the other end of the road to create the turnaround . Commito also asked about disturbing of the road as a result of the improvements and whether the road will be returned to its previous state post improvements . O' Reilly responded that the road will be repaved after water main installation . In addition , as the water main moves up the road past the wetlands it shifts to the left shoulder. After work on the shoulder is complete , it will be backfilled ,. foamed , and seeded . Commito asked if further subdivision of the new lot is possible . O' Reilly responded that the zoning in the district requires 60 , 000 SF lots . The intent is to create one lot with one single family dwelling but there is possibility for an additional lot and that would have to be reviewed by the Planning Board as well . O ' Reilly explained that the Approval Not Required process and that if there were no restrictions placed on the original subdivision the large lot would be able to be divided without a public hearing . Because of the restrictions , the Planning Board is required to conduct the review via a public hearing where abutters are notified . Barrett suggested a condition that any further subdivision of the property be required to undergo review by the Planning Board . Bob Wynne , 226 Ambergris Circle , asked if the water easement from Ambergris Circle could be located and information provided as to the location . Wynne also asked about capping off of the water main and any disruptions to residents of Ambergris Circle . Wynne also suggested that from looking at the proposed lot division it seems that two additional homes are likely and he has concerns as to whether the water main would be sufficient. O ' Reilly responded that a 6" water main is being installed and it is sufficient to service three lots including Lot #2 . O' Reilly stated that he will track down the water easement from Ambergris Circle and note it on the plan . O ' Reilly stated that his understanding is that the water line will be cut and capped and will remain in place . They will work with the. Water Department on any requirements . Wynne followed up and asked if the line would be capped in Lot #4 and O' Reilly responded that that was his understanding . The Board discussed conditions . Degen suggested that a possible condition would be that any further subdivision or modification would be addressed through the Planning Board . Barrett suggested a condition that the private water easement be shown on the plan . She also suggested the Board require Lot #3 and Lot #4 to connect to the new water line . The Board further discussed the connection to the water main . O ' Reilly stated that it was the intention of the owners of Lot #3 and Lot #4 to connect to , the new water main . Hoffmann stated that the easement should be shown on the plan and that the owners of Lot #3 should be able to decide if they want to remain on the current main from Ambergris Circle or the new main from Lower Road . Hoffmann suggested that the plan be revised to show the location of the easement and the location of the new hydrant. Degen stated that she thinks Lot #4 should be required to connect to the Bloomer Path water service but she is not comfortable requiring Lot #3 to connect to that service . Barrett noted that the current situation with water service coming from Ambergris Circle could be corrected and that Lot #3 is also an applicant of this modification and it is not unusual to ask the applicant to meet certain requirements for approval . The Board conducted a straw poll with the majority agreeing that a condition requiring Lot #4 to connect to the new water main on Bloomer Path be required . Barrett stated that she believes that Lot #3 should also be required to connect. Wynne expressed concern about the need to see the easement to Ambergris Circle and concerns that there would be disruption as a result of that easement continuing. He also stated that the homeowners may have issues in placing their foundations if they do not Page 3 of 5 PB Minutes 03/10/21 i know where the water line runs . O' Reilly responded that the easement runs over Ambergris Circle . The owners would have the option to cap and abandon the Ambergris Circle line on their property or re-route it if necessary . Cameron summarized water issues with high carcinogen levels in the Ambergris Circle area . She suggested the owners contact the Water Department for more information and that both lots may want to connect to the new water main because of these issues . Hoffmann asked if the Board should get comments from the water department on the new information provided by Cameron and O' Reilly responded that the owners have been consulting with the Water Department and they are aware of the proposed installation . Based on the information provided by Cameron , Hoffmann stated she would like to change her straw poll vote and suggested Lot #3 be required to connect to the new water main . Wallace stated that he saw no harm in Lot #3 staying connected to the current water line . Motion by Hoffmann to Close the Public Hearing on Modification of a Definitive Subdivision Plan Application #2021 =02 . Second by Hillis -Dineen . Vote : Degen -aye ; Hoffmann -aye ; Barrett-aye ; Bebrin -aye ; Hillis - Dineen -aye ; Taylor-aye ; and Wallace-aye . Vote : 7-0 -0 . The Board discussed revisions to the definitive plan to include the addition of the water easement from Ambergris Circle and a plan note that states any further subdivision or modification will undergo review by the Board . The site plan will be updated with the location of the hydrant, upon final approval from the Fire Department and a revised site plan showing hydrant location will be provided to the Planning Department . The Board discussed conditions to the decision to include : final approval from the Fire Department and Conservation Commission , as well as Historic District Committee approval , if necessary ; any further subdivision or modification of the lots will be addressed through the Planning Board ; new Lot #4 must connect to the new water main ; and the water easement from Ambergris Circle will be shown on the modification plan . Degen suggested a revision to a condition that Lot #4 is required to connect to the Bloomer Path water service and Lot #3 is encouraged to connect to the Bloomer Path water service . The Board reviewed the definitive subdivision plan checklist . Motion by Degen to Approve Modification of a Definitive Subdivision Plan Application #2021 -02 , with Findings and Conditions including final approval from the Fire Department, Conservation Commission , Health Department, and Historic District Committee , if necessary, any further subdivision or modification must be addressed through the Planning Board , Lot #4 is required to connect to the Bloomer Path water service and Lot #3 is encouraged to do similarly, show the hydrant on the site plan and water easement, if available, on the definitive plan . Second by Taylor. There was further discussion on the location of the current water main . Vote : Degen -aye ; Hoffmann -aye ; Barrett-aye ; Bebrin -aye ; Hillis-Dineen -aye ; Taylor-aye ; and Wallace-aye . Vote : 7 -0 -0 . O' Reilly stated that he would revise the definitive plan with the conditions and provide a revised mylar to the Board for signature . 3 8 : 16 PM PLANNING DISCUSSION Approval of Meeting Minutes : February 24 , 2021 . The Board reviewed the February 24 , 2021 meeting minutes . Motion by Hoffmann to Approve February 24, 2021 Meeting Minutes , as amended . Second by Degen . Vote : Taylor-aye , Hillis -Dineen -aye , Bebrin -aye, Barrett- abstained ; Hoffmann -aye , Degen -aye , and Wallace-aye . Vote : 6 -0 -1 ( Barrett abstained ) . r 8 : 18 PM FOR YOUR INFORMATION Hoffmann and Degen have registered for a workshop on March 17 , 2021 regarding siting for solar reform in Massachusetts and Rhode Island . Hillis- Dineen stated that the Affordable Housing Trust is working on a RFP for the Millstone Road housing project. Hillis- Dineen stated that the Town has COVID relief funds available for mortgage and rent, as well as funds for housing j rehabilitation and interested residents should go the Affordable Housing Trust page on the Town website for more information . Bebrin attended the CDP workshop on drafting RFPs and found it very interesting . She looks forward to seeing the RFP for the Millstone Road project to which she is an abutter. { Page 4 of 5 PB Minutes 03/10/21 3 a i The Town Clerk has certified signatures collected by Bebrin and Hillis- Dineen so both are officially on the ballot. Motion by Hillis -Dineen to adjourn . Second by Degen . Vote : Taylor-aye , Degen -aye , Bebrin -aye , Barrett-aye ; Hoffmann -aye , Hillis -Dineen -aye, and Wallace-aye . Vote : 7 -0m0 . Meeting adjourned at 8 : 24 pm . Next Planning Board Meeting Date : 03/24/21 Respectfully submitted , Lynn St. Cy , Senior Department Assistant, Planning a . i 9 I 1 i I I Page 5 of 5 PB Minutes 03/10/21 t I k