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Home My Public Portal AboutPlanning Board Packet 08/10/22Planning Board Madalyn Hillis -Dineen Chair Amanda Bebrin Vice Chair Robert Michaels Clerk Charlotte Degen Antone Freitas Elizabeth Taylor Alexander Wentworth Town Planner Jonathon Idman Senior Department Assistant Lynn St. Cyr Town of Brewster Planning Board 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 x1133 PLANNING BOARD MEETING AGENDA 2198 Main Street (Remote Participation Only) August 10, 2022 at 6:30 PM Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body may access this meeting in person, or via virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public body may attend remotely. No in -person attendance of members of the public will be permitted, and public participation in any public hearing conducted during this meeting shall be by remote means only. Members of the public who wish to access the meeting may do so in the following manner: Phone: Ca11 (929) 436-2866 or (301) 715-8592. Webinar ID: 841 0778 1002. Passcode: 612505. To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://us02web,zoom.us/i/84107781002?pwd=VTVSV 1ExaUNCL253NmNZV21Gdmo4dz09 Passcode: 612505. To request to speak: Tap Zoom "Raise Hand", then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestrenm (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). The Planning Board packet can be found on the Planning Department page on the Town of Brewster website (www, brewster-ma. gov). 1. Call to Order. 2. Declaration of a Quorum. 3. Meeting Participation Statement. 4. Citizen's Forum. Members of the public are invited to address the Planning Board on matters not on the agenda during this time. The Planning Board asks that a 3 minute maximum comment period be respected by the speaker. In order to avoid any possible interpretation of a violation of the Open Meeting Law, the Planning Board will not provide comment in return to the speaker, however the item may be moved to a future agenda if discussion is deemed warranted. 5. PUBLIC HEARING: Road Betterment Petition, Case No. 2022-04: Property Owners through their representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., have submitted a petition requesting financing for various road repairs to Bay View Drive, Cranberry Lane, Deer Path Circle, Jam Lane, Mayflower Circle, and Vesper Pond Drive, private ways (shown on Tax Maps 137 and 138), under the Town's Betterment and Assessment program in accordance with and pursuant to Chapter 157, Article VIII, of the Brewster Code. The Planning Board will consider and potentially vote whether to endorse the petition plan. 6. Approval Not Required, Case No. 2022-05: Applicant Roger Bassett through his representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., has submitted an application seeking endorsement of a 2 lot Approval Not Required Plan for property located at 240 Tubman Road, shown on Tax Map 55, Parcel 142 within the Residential Rural and Residential Medium Density Zoning Districts. The plan is pursuant to MGL c. 41 §81L and §81P and §290-4 of the Brewster Subdivision Rules and Regulations. The Planning Board will consider and potentially vote whether to endorse the Approval Not Required Plan. 7. Review and provide feedback on the goals identified in the Select Board FY22-23 Strategic Plan. ��!!`411I I i l l Ig11\1 Planning Board Madalyn Hillis -Dineen Chair Amanda Bebrin Vice Chair Robert Michaels Clerk Charlotte Degen Antone Freitas Elizabeth Taylor Alexander Wentworth Town Planner Jonathon Idman Senior Department Assistant Lynn St. Cyr 8. Approval of Meeting Minutes: June 22, 2022 and July 11, 2022. 9. Committee Reports. 10. For Your Information. 11. Matters Not Reasonably Anticipated by the Chair. 12. Next Meetings: August 24, 2022 and September 14, 2022. 13. Adjournment. Date Posted: 08/03/22 Date Revised: Received by Town Clerk: ROAD BETTERMENT PETITION, CASE NO. 2022-04 PROPERTY OWNERS ON: BAY VIEW DRIVE CRANBERRY LANE DEER PATH CIRCLE JAM LANE MAYFLOWER CIRCLE VESPER POND DRIVE MEMORANDUM TO: FROM: RE: DATE: Town of Brewster 2198 Main Street Brewster, MA 026314898 Phone: (508) 896-3701 Fax: (508) 896-8089 Planning Board Jon Idman, Town Planner Endorsement of Private Road Betterment Petition Plan Vesper's Pond Neighborhood (Assessors Maps 137 & 138) Planning Board Hearing 08/10/22 (Case No. 2022-04) July 25, 2022 Office of: Planning Board Planning Dept. Staff Recommendation Staff's recommendation is that the Planning Board vote to endorse the petitioners' private road betterment plan for the Vesper's Pond Neighborhood entitled "Vespers Pond Drive Plain View, Site Plan- Concept, Showing Proposed Improvements to Roadways," prepared by J.M. O'Reilly & Associates, Inc., revised dated 6/13/2022, consisting of sheets 1 & 2. As a condition of this endorsement, the Planning Board may want a certification from the petitioners' project engineer that the useful life of the proposed repairs is at least 15 years. Background The Town offers a betterment program to finance repairs of private roads under Chapter 157, Article VIII of the Brewster Code, for a term of up to 15 years. This Bylaw allows a petition to be pursued for, among other things, a group or network of adjoining private subdivision roads like in the case at hand. The constituent roads in the neighborhood are Vesper Pond Drive (aka Vesper's Pond Drive), Bay View Drive, Mayflower Circle, Deer Path Circle, Cranberry Lane and Jam Lane. Owners in this Vesper's Pond neighborhood have brought such a petition. The constituent roads were first laid out by subdivision plan approved and endorsed by the Brewster Planning Board 4/10/1968 (recorded in Plan Book 220 Page 9). Given the age of the subdivision plan and vintage of homes built in the neighborhood, the roads have presumably been open to public use since their completion and in any event for at least 5 years. The neighborhood is on the south side of Rte. 6A in East Brewster, adjoining the town line with Orleans. Proposed work includes new drainage and repaving of the roads. The work is more particularly depicted on the plan referenced above, submitted to the Planning Board. Improved and additional drainage facilities are proposed vs the existing drainage that currently exists, including Staff Memorandum 07/2022, PB2022-04 Vesper's Pond Betterment Petition Plan, Page 1 some aspects of the proposed system which are consistent with current stormwater best management practices (vegetated swales offering bioinfiltration). The amount proposed to be financed and appropriated for repairs is $723,711.00 which includes the required contingencies, interest, administrative fees and the total cost of work based on three local estimates submitted. Brewster Code Chapter 157- Betterment Petition Process The Petitioners and their professional representatives have met with the Town Planner and DPW Director to review the plan. Staff comments were incorporated into the plan now pending before the Board for review. Notwithstanding the betterment, the road would remain private, though open for public use, which means that liability and maintenance obligations would remain with the private owners. As a condition of filing the petition, the petitioners were required to irrevocably agree in writing to repay the Town for the work through a real estate tax betterment. Relevant provisions from the Code provide that the plan shall specify the projected useful life of the repaired private way, and in no event shall the projected useful life be less than 15 years (this aligns with the maximum term of financing allowed through the betterment). This was not provided in the subject petition. The Selectboard initially received the petition and referred it to the Assessor's Office for verification of signatures and confirmation that more than 50% of road abutters had signed it (unbuildable lots are excluded). There are 57 property owners/ building lots along the subject road network entitled to vote. After confirmation of the required number of signatures by the Assessor, the Selectboard took up the matter at a recent meeting and determined that the proposed repairs are in the public interest and within the financial capability of the Town. Planning Board Hearing After its review, the Select Board referred the petition to the Planning Board for a public hearing. The Planning Board's role in the petition process is to evaluate the plan, examine the cost estimates, and hear from both the abutters and the general public. Road repairs funded under the betterment program need not be brought up to full Town road standards. The Planning Board shall either endorse the petition plan, including with recommended changes in its costs or scope; or disapprove it. Betterment Petition- Next Steps If endorsed by the Planning Board, the Selectboard could place the petition on the warrant for the next available Town Meeting (Fall 2022), subject to reconfirmation by more than 50% of the abutters prior to Town Meeting. Staff Memorandum 07/2022, PB2022-04 Vesper's Pond Betterment Petition Plan, Page 2 If Town Meeting appropriates the repair funds, the Town Administrator oversees the bid process. The DPW Director ultimately inspects the work to confirm that the work has been completed per plan, and so advises the Town Accountant to authorize release of payment for the work. Some of the work may require local wetlands permitting or at least administrative approval. The Petitioners should confirm this with the Brewster Natural Resources Department. Additionally, Petitioners' engineer shall be required to confirm that any new or updated road drainage structures meet the minimum setback requirements from any existing septic system components on the abutting properties. During construction, the Fire Department 'will require that: • all roadways remain accessible for fire apparatus and ambulances throughout the entire project including daytime hours during construction; • as applicable, any temporary roadways be able to support fire apparatus and ambulances and be maintained in a level graded manner; and • any use of fire hydrants during construction be approved by the water department. In the event hydrants are to be used, no valves/devices/metering equipment shall be left on hydrants after work hours. Staff Memorandum 07/2022, PB2022-04 Vesper's Pond Betterment Petition Plan, Page 3 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov DEPARTMENT REVIEWS Road Betterment Petition Case No. 2022-04 APPLICANT/OWNER: Property Owners on Bay View Drive, Cranberry Lane, Deer Path Circle, Jam Lane, Mayflower Circle, and Vesper Pond Drive REPRESENTATIVE: John M. O'Reilly, P.E. P.L.S. of J.M. O'Reilly & Associates, Inc. MAP/LOT: Maps 137 and 138 PROPERTY ADDRESS: Bay View Drive, Cranberry Lane, Deer Path Circle, Jam Lane, Mayflower Circle, and Vesper Pond Drive Received from: Building Department Comments received from Davis Walters, Building Commissioner The Building Department currently has no comments or concerns regarding the proposed project. Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator A portion of the project appears to be within the jurisdiction of the Conservation Commission, so some elements of the project need to be reviewed, approved, and conditioned by the Conservation Commission. Fire Dept. Comments received from Chief Robert Moran 1. All roadways shall remain accessible for fire apparatus and ambulances throughout the entire project including daytime hours during construction. 2. All temporary roadways shall be able to support fire apparatus and ambulances and shall be maintained in a level graded manner. 3. Use of fire hydrants during construction shall be approved by the water department. In the event hydrants are used, no valves/devices/metering equipment shall be left on hydrants after work hours. Health Dept. Comments received from Amy von Hone, Health Director Confirmation by the design engineer shall be required that any new or updated road drainage structures meet the minimum setback requirements from any existing septic system components on the abutting properties. Police Dept. Comments received from Lt. Charles Mawn The Police Department has no issues with the project. A police detail will be needed if the work causes a traffic issue on Rt 6A. Water Dept. Comments received from Paul Anderson, Superintendent 1. Contact the Water Department in advance to mark out infrastructure. 2. Install risers on gate boxes so they are not paved over. Case#2022-04 8/5/2022 www.brewster-ma.gov Page 1 of 1 Lynn St. Cyr From: Conor Kenny Sent: Tuesday, July 12, 2022 12:35 PM To: Lynn St. Cyr Cc: Erika Mawn Subject: Vesper Pond Betterment Petition Attachments: Vesper Pond Drive Betterment Packet.pdf Good afternoon, At the Select Board meeting last night, they voted to refer the attached petition to the Planning Board. The documents attached is what was in the packet for the meeting. Thank you, Conor Kenny Project Manager Town of Brewster 508-896-3701 x 1129 1 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1237 FAX: (508) 896-8089 WWW.BREWSTER-MA.GOV OFFICE OF: BOARD OF ASSESSORS Memo to: Brewster Select Board From: James Gallagher, Deputy Assessor Date: June 15, 2022 CC: Peter Lombardi, Town Administrator Conor Kenny, Project Manager RE: Road Betterment Petition: Vesper Pond Neighborhood (Vesper Pond Drive, Bay View Drive, Cranberry Lane, Mayflower Circle, Deer Path Circle, Jam Lane) I have reviewed the Road Betterment Petition referenced above. In accordance with paragraph D of the Code of the Town of Brewster Chapter 157 Section 20 as amended by Article 23 of the May 15, 2021 Town Meeting, the petition includes at least 50% plus one of the 57 abutting property owners of record as of June 14, 2022. N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y