HomeMy Public PortalAboutPlanning Board Packet 05/11/22 Planning Staff Memo
Date: May 3, 2022
To: Planning Board
From: Charleen Greenhalgh, Interim Town Planner
Re: Approval Not Required Plan – PB#2022-02 – 1517, 1277, and 0 Freeman’s Way
As Town Planner in other communities, here is an example of a memo that I would prepare for the
Planning Board to assists with the application before them.
PB#2022-02 Jay Merchant, c/o Paul Sweetser, PLS, seeks endorsement of a 2 Lot Approval Not
Required Plan entitled “Plan of Land in Brewster, Massachusetts as Prepared for Cape Sand &
Recycling, LLC, Abby Developers, LLC & Newcomb Knolls, LLC” dated April 23, 2022, prepared by
Paul E. Sweetser, PLS. The plan is pursuant to MGL c. 41, §81 P and §290-4 of the Codes of Brewster
for property located at 1517, 1277, and 0 Freeman’s Way, Map 131, Parcels 3, 4, 5, 6 & 8 within the
Industrial Zoning District.
The application was received and stamped in with the Town Clerk on April 28, 2022. Pursuant to MGL
c.41, §81P, the Planning Board has 21-days to act and file a decision with the Town Clerk, that date is
May 19, 2022.
The property is currently comprised of 5 separate parcels, which would be combined into 2 new parcels.
Pursuant to MGL c. 41, §81 L the lot(s) created must have, frontage on (a) public way or a way which the
town clerk of the city of town certifies is maintained and used as a public way, or (b) a way shown on a
plan theretofore approved and endorsed in accordance with the subdivision control law, or (c) a way in
existence when the subdivision control law became effective in the city or town in which the land lies
having, in the opinion of the planning board, sufficient width, suitable grades and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting there or
served thereby, and for the installation of municipal services to serve such land and the buildings erected
or to be erected thereon. Such frontage shall be of at least such distance as is then required by zoning or
other ordinance or bylaw, if any, of said city or town for erection of a building on such lot, and if no
distance is so required, such frontage shall be of at least twenty feet.
The Board may:
1) Vote to endorse the ANR; or
2) Deny the ANR specifically detailing why it does not meet the requirements for endorsement as
an ANR; or
3) Take no action, which would result in the Town Clerk certifying that the Planning Board took no
action with the statutory time.
Town Of Brewster
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x1150
Office of:
Planning Department
Charleen Greenhalgh
Interim Town Planner
Town Planner Comments: this appears to meet the requirements for endorsement of an approval not
required plan. There is adequate frontage for each proposed lot on a road providing safe and adequate
access.
Board Findings (vote to adopt either as appropriate):
This is a positive finding the Board may choose to make:
Said plan does not constitute a subdivision as the way shown on the plan is a public way maintained and
used as a pubic way and has, in the opinion of the planning board, sufficient width, suitable grades and
adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the
land abutting thereon or served thereby, and for the installation of municipal service to service such
land and the building erected or to be erected thereon.
This is a negative finding (denial) the Board may choose to make:
The way shown on the plan does not have sufficient width, suitable grades, and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon
or served thereby, and of the installation of municipal services to serve such land and the buildings
erected or to be erected thereon.
Board Vote: This is a suggested motion; the Board may choose to deny or to take no action.
Motion to endorse the ANR plan entitled “Plan of Land in Brewster, Massachusetts as Prepared for Cape
Sand & Recycling, LLC, Abby Developers, LLC & Newcomb Knolls, LLC” dated April 23, 2022, prepared by
Paul E. Sweetser, PLS for property located at 1517, 1277, and 0 Freeman’s Way, Map 131, Parcels 3, 4, 5,
6 & 8 within the Industrial Zoning District.