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HomeMy Public PortalAboutPlanning Board Packet 10/26/22Planning 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 (REVISED) 2198 Main Street (Remote Participation Only) October 26, 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: Call (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. ZoontWebinar: https://us02web.zoom.us/j/84107781002?pwd=VTVSV 1 ExaUNCL253NmNZV21 Gdmo4dz09 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), Livestrea»: (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. Approval Not Required, Case No. 2022-06: Owners/Applicants Delahanty Realty Trust and Carol A. Austin through their representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., has submitted an application seeking endorsement of an Approval Not Required Plan for property located at 8, 16, and 22 Pheasant Cartway also known as Partridge Circle, shown on Tax Map 102, Parcel 46 within the Residential Medium Density Zoning District. 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. 6. Approval Not Required, Case No. 2022-07: Owners/Applicants Delahanty Realty Trust and Carol A. Austin through their representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., has submitted an application seeking endorsement of an Approval Not Required Plan for property located at 0 Partridge Circle, shown on Tax Map 102, Parcel 49 within the Residential Medium Density Zoning District. 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. \ 19. 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 7. Approval Not Required, Case No. 2022-08: Owners/Applicants The Free Sea Turtle LLC and 162 Underpass LLC through their representative John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., has submitted an application seeking endorsement of an Approval Not Required Plan for property located at 162 Underpass Road, shown on Tax Map 77, Parcel 9 within the Commercial High Density Zoning District. 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. 8. Approval of Meeting Minutes: October 12, 2022. 9. Committee Reports. 10. For Your Information. 11. Matters Not Reasonably Anticipated by the Chair. 12. Next Meetings: November 9, 2022 and December 14, 2022. 13. Adjournment. Date Posted: Date Revised: 10/19/22 10/20/22 Received by Town Clerk: This agenda has been revised to add Approval Not Required Case No. 2022-08: APPROVAL NOT REQUIRED CASE NOS. 2022-06 AND 2022-07 OWNERS/APPLICANTS: DELAHANTY REALTY TRUST AND CAROL A. AUSTIN PROPERTY: 8, 16, AND 22 PHEASANT CARTWAY AND 0 PARTRIDGE CIRCLE 1 Date: October 19, 2022 To: Planning Board From: Jon Idman, Town Planner Re: Approval Not Required Plan Endorsements Delahanty Realty Trust et al PB#2022-6; 8, 16 & 22 Pheasant Cartway1 (aka Partridge Circle) (Map 102 Parcel 46) PB#2022-7; 0 Partridge Circle (Map 102 Parcel 49) ____________________________________________________________________________________ Staff Recommendation Vote to endorse the following plans as not depicting subdivisions, so-defined, and thus not requiring approval under the subdivision control law: 1) “Plan of Land in Brewster Massachusetts at 16-22 Partridge Circle for Delahanty Realty Trust, Nancy W. Garran, Trustee and Carol A. Austin,” made by J.M. O’Reilly & Associates, Inc., dated and stamped 10/19/2022; and 2) “Plan of Land in Brewster Massachusetts at 0 Partridge Circle, Assessor’s Parcel 49 for Delahanty Realty Trust, Nancy W. Garran, Trustee and Carol A. Austin,” made by J.M. O’Reilly & Associates, Inc., dated and stamped 10/19/2022. Discussion Owner/ applicant Nancy W. Garran, Trustee and Carol A. Austin have submitted plans of land to the Planning Board for endorsement involving two abutting properties on Partridge Circle, off Linnell Landing Road. The plans are styled as “Approval Not Required” (ANR) plans per MGL Ch. 41 ss. 81L & 81P and Section 290-4 of the Brewster Subdivision Rules and Regulations, i.e. the applicant maintains that no subdivision approval is required for the plans because they does not depict ‘subdivisions’ as defined under the subdivision control law. It is axiomatic that if a plan does not depict a subdivision, then no subdivision approval is required. There are several bases under the subdivision control law that warrant or allow ANR plan endorsement. In the cases at hand, the plans do not show subdivisions and ANR plan endorsements are warranted because no new land division is proposed. The plans depict the lots in their current configurations with no new lines for division of existing ownership or for new ways shown. The principal purpose of the endorsement request is to establish plans of land for the properties. As is the case with many older lots, the lots are currently described exclusively by bounding or metes and bounds descriptions in the record deed, not by plan reference: the ANR plans are in substance ‘perimeter plans’ 1 Pheasant Cartway is actually a driveway serving the subject property off Partridge Circle. It has been named separate and apart from Partridge Circle for emergency response purposes. Town Of Brewster 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x1150 Office of: Planning Department 2 reflecting the current deed descriptions. Going forward, endorsement and recordation of the ANR plans would allow the lots to be conveyed and described with respect to these plans rather than by the older, less precise deed descriptions. Each lot also meets the numerical frontage requirements under the Brewster Zoning Bylaw. The properties are in the RM residential zoning district which has minimum lot requirements of 150’ frontage and 60,000 sq ft lot area.  0 Partridge Circle is undeveloped and the plan shows it having approximately 150’ frontage on Partridge Circle and 68,080 sq ft of area.  The lot addressed as 8, 16 & 22 Pheasant Cartway (aka Partridge Circle) contains three detached dwelling units, has been developed since at least the 1950s, and is legally preexisting, nonconforming, including as to frontage, under Section 179-26B of the Brewster Zoning Bylaw, containing approximately 65’ frontage on Partridge Circle and 34, 430 sq ft area as shown on the plan. In terms of the quality of the roadway to serve as frontage, Partridge Circle currently provides access to a number of developed properties in the area, including to the subject property at 8, 16 & 22 Pheasant Cartway. It is an unsurfaced, variable width, private way believed to have predated the adoption of subdivision control in the Town. The applicant has recently made minor improvements to the road after consultation with and at the request of the Fire Department to ensure a continuous 14’ wide, 14’ high access to the properties. In sum, Partridge Circle appears to be of sufficient width, grade and construction to provide safe and adequate access and services to the properties. Note Though the proposed lots appear to meet all minimum dimensional requirements for residential building lots under the Brewster Zoning Bylaw, the Board’s endorsement does not itself imply zoning compliance (other than as to frontage) or represent the buildability of the lots; these zoning issues and determinations are beyond the scope and authority of the Planning Board under a request for ANR plan endorsement. EILLY & ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting October 7, 2022 JMO-9341 Brewster Planning Board 2198 Main Street Brewster, MA 02631 RE: Approval Not Required (ANR) Application Delahanty Realty Trust and Carol A. Austin 16-22 Partridge Circle AND 0 Partridge Circle Assessor's Map 102, Parcels 46 and 49 Dear Board Members, On behalf of our clients, the Delahanty Realty Trust and Carol A. Austin, J.M. O'REILLY & ASSOCIATES, INC. is submitting two ANR applications for the two parcels as referenced above. Parcel 49, 0 Partridge Circle, is a vacant, grandfathered parcel and has existing frontage along Partridge Circle. Parcel 46, 16 to 22 Partridge Circle, is a parcel which contains three (3) cottages and has existing frontage on Partridge Circle. The purpose of the submitted ANR Plans and Applications is to show the current property boundaries of the two, respective parcels as they exist. The Applicant respectfully requests that the Board make a determination that there is safe and adequate access over Partridge Circle for vehicles and utilities to service the properties. I have met with Chief Moran at the properties and have incorporated his requests for minor improvements as Notes on the ANR Plans. It is my understanding from correspondence with him that Partridge Circle can be determined safe and adequate for access. We look forward to meeting with the Board to review the plans and to answer any questions the Board may have. Please contact my office directly if you need any additional information or have any questions. Very truly yours, J.M. O'REILLY & ASSOCIATES, INC. John O'Reilly, P.E., P.L.S. Principal Enclosures: ANR Plan ANR Application Copy of Locus Deed. 1573 MAIN STREET, P.O. Box 1773, BREWSTER, MA 02631 • PHONE: (508) 896-6601 • FAX: (5o8) 896-66oz WWW.JMOREILLYASSOC.COM Bk 32847 Pg13 #19: 04-22-2020 @ 12:5' Property Address: 16-22 Partridge Circle and (no number) Partridge Circle, Brewster, MA Record and Return to: Levoy & Wadhwa, LLC 74 West Central Street Natick, Ma 01760 QUITCLAIM DEED 1, Gerald E. Collins, an unmarried person, of Norwalk, Connecticut for nominal consideration (less than $100) grants to Carol A. Austin, an unmarried person, of 213 Sea Pines Drive, Brewster, Massachusetts with QUITCLAIM COVENANTS A one -sixth (1/6) interest in the following parcels: Parcel One: The land together with any buildings thereon located in that part of the Town of Brewster, Barnstable County, Massachusetts, called East Brewster, containing two (2) acres more or less, and bounded and described as follows: On the North by land now or formerly of John R. Linnell; On the East by land now or formerly of John R. Linnell; On the South by land now or formerly of John R. Linnell; and On the West by land now or formerly of Alfred Castiglioni. Bk 32847 Pg14 #19145 Page 2 of 3 Such land is conveyed together with a right of way from the southeasterly corner of the granted premises across other land now or formerly of John R. Linnell to a town road called Linnell Road. Parcel Two: The land together with any buildings thereon located in that part of the Town of Brewster, Barnstable County, Massachusetts, called East Brewster, bounded and described as follows: On the West by land now or formerly of Alfred Castiglioni, about 109 feet; On the North by land now or formerly of Sarah O. Whitlock and Mary C. Whitlock, about 80 feet; On the East by land now or formerly of Sarah O. Whitlock and Mary C. Whitlock, about 109 feet; and On the South by land now or formerly of Sarah O. Whitlock and Mary C. Whitlock, about 80 feet; Parcel Three: The land together with any buildings thereon, located in that part of the Town of Brewster, Barnstable County, Massachusetts, known as East Brewster, containing two (2) acres more or less, and bounded and described as follows: On the North by land now or formerly of John Linnell; On the West by land now or formerly of Alfred Castiglioni; On the South by land now or formerly of Clinton Crosby; and On the East by land now or formerly of John Linnell. Such land is conveyed together with a right of way leading from the southeast corner of the above - described premises easterly across the land now or formerly of John R. Linnell to the Town Road leading to the shore, called "Linnell's Lane" . I, Gerald E. Collins, declare under the pains and penalties of perjury that no person is entitled to claim the benefit of an existing estate of homestead in the premises; and I am presently unmarried and hereby release and terminate any and all estates of homestead in and to the property conveyed herein, whether created automatically pursuant to Massachusetts law or declaration. Being the same parcels conveyed by Deed of Distribution from the Estate of Mary J. Collins to Gerald E. Collins, dated June 11, 2019, recorded at the Barnstable Registry of Deeds at Book 32276, Page 5. Bk 32847 Pg15 #19: Page 3 of 3 Executed as a sealed instrument this /3 day of " - f0.1.";, Gerald E. Collins STATE OF CONNECTICUT , ss.0 D , 2020. On this I?) day ofrT, M , 2020, before me, the undersigned notary public, personally appeared Gerald E. Collins, to me� e`rsonall known, proved to me through satisfactory evidence of identification, which was CT l� lam{ , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. My commission expires: Notary Public JOHN F. MEADE, REGISTER Kerry Anne.Lowry Grascv, Murphy & Lupin 5 Co4izrnonwealth Road Natick, MA 01760 Bk 22970 Psi 234 1459 06--1 0--2008 OIL e 51 tp TRUSTEES' DEED Three Pages Michael A. flalperson and Bank of America, N.A., Trustees under the Last Will and Testament of Robert J. Delahanty, Barnstable County Probate No. 36534 and 36651 (collectively "Grantor") for consideration of less than $100.00 (as consideration is nominal no revenue stamps are required) do hereby GRANT to Nancy W. Garran, Trustee of the Delahanty Realty Trust, having an address of Post Office Box 1880, Brewster, Massachusetts and whose Trustee's Certificate is recorded herewith, a two-thirds (2/3) interest, Carol A. Austin of East Longmeadow, Massachusetts a one -sixth (1/6) interest, and Mary J. Collins of Long Valley, New Jersey a one -sixth (1/6) interest, all as Tenants in Common, the following property: Parcel One The land together with any,buitdings thereon located in that part of the Town of Brewster, Barnstable County, Massachusetts called East Brewster, containing two (2) acres more or less, and bounded and described as follows: On the North by land now or formerly of John R. Linnell; On the East by land now or formerly of John R. Linnell; On the South by land now or formerly of John R. Linnell; and On the West by land now or formerly of Alfred Castiglioni. Such land is conveyed together with a right of way from the south easterly corner of the granted premises across other land now or formerly of said John R. Linnell to a town road called Linnell Road. Meant to convey the same land as conveyed to Robert J. Delahanty by William L. Lyman, by deed recorded on January 11, 1937 with the Barnstable County Registry of Deeds in Book 524, Page 487. Excepting from such land, that portion which was granted to Sarah 0. Whitlock and Mary C. Whitlock by deed recorded on May 23, 1950 with the Barnstable County Registry of Deeds in Book 751, Page 478 and that portion which was granted to Chares W. Sargent by deed recorded on July 25, 1952 with the Barnstable County Registry of Deeds in Book 817, Page 302. Parcel Two The land together with any buildings thereon located in that part of the Town of Brewster, Barnstable County, Massachusetts called East Brewster, bounded and described as follows: On the West by land now or formerly of Alfred Castiglioni, about one hundred nine (109) feet; On the North by land now or formerly of Sarah 0. Whitlock and Mary C. Whitlock, about eighty (80) feet; On the East by land now or formerly of Sarah 0. Whitlock and Mary C. Whitlock, about one hundred nine (109) feet; and On the South by land now or formerly of Sarah 0. Whitlock and Mary C. Whitlock, about eighty (80) feet. 1 Bk 22970 Pg 235 #31459 Meant to convey the same land as conveyed to Robert J. Delahanty by Sarah O. Whitlock and IvMary C. Whitlock, by deed recorded on May 23, 1950 with the Barnstable County Registry of Deeds in Book 751, Page 479. Parcel Three The land together with any buildings thereon located in that part of the Town of Brewster, Barnstable County, Massachusetts, known as East Brewster, containing two (2) acres more or less, and bounded and described as follows: On the North by land now or formerly of John Linnell; On the West by land now or formerly of Alfred Castiglioni; On the South by land now or formerly of Clinton Crosby; and On the East by land now or formerly of John Linnell. Such land is conveyed together with a right of way leading from the southeast corner of the above -described premises easterly across the land now or formerly of John R. Linnell to the Town Road leading to the Shore, called "Linnell's Lane". Meant to convey the same land as conveyed to Robert .1. Delahanty by the Sandwich Co- operative Bank by deed recorded on April 12, 1937 with the Barnstable County Registry of Deeds in Book 526, Page 463. Excepting from such land, that portion which was granted to Margaret J. Seath by deed recorded on October 22, 1940 with the Barnstable County Registry of Deeds in Book 572, Page 65. This land, made up of these three parcels, is conveyed subject to a Utility Easement granted to Cape & Vineyard Electric Company by Robert J. Delahanty by instrument recorded on June 29, 1938 and recorded with the Barnstable, County Registry of Deeds in Book 540, Page 501, and an Easement granted to the Town of Brewster to maintain and operate a water pipe line recorded on November 9, 1971 in Book 1554, Page 120. The address of the property is 16-22 Partridge Circle, Brewster, Massachusetts 02631 and [no number] Partridge Circle, Brewster, Massachusetts} 02631. Executed as a sealed instrument this 7.-A ay of \ , 2008. Michael A. Halperson, Trustee erica, N.A., Trustee By: , 41qu;(..,Vzt 4o4o 1_ (print name) 2 Bk 22970 Pg 236 #31459 COMMONWEALTH OF MASSACHUSE 1'1 S k a-- a �\-. ; ss. ,2008 On this 4 day of A , 2008, before me, the undersigned Notary Public, personally appeared Michael .k, Halperson, who proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License, that he was the I* whose name is signed on the preceding document and acknowledged to me that he voluntarily and for its stated purpose. [,i, - .42,-4� 'r� (seal) Notary Pu'6lic My Commission Expires: COMMONWEALTH OF MASSACHUSETTS , 2008 On this • 14' day of liit G.( , 2008, before me, the undersigned Notary Public, personally appeared r.�, 1W /0AC�+,,i �', who preved#o me k.°,( 1,112- Ii iIIeR CIo , r � it tiu�ra� ice , that he/she was the person whose name is signed on the preceding document and acknowledged to me that he/she signed it voluntarily arid for its stated purpose. ii �` `i' •'n''� Ylfr�lf if+1� .s sWt1FISs� •�l`A�i'N (seal) Notary Public My Commission Expires: BARNSTABLE REGiSTRY OF DEEDS 3 • Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov Date & Time Received Town Clerk's Office FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL (ANR) Please provide twelve (12) copies of this application along with ten (10) 11" x 17" sized plans and two (2) 24"x 36" sized plans along with one (1) Mylar. Please also provide an electronic copy of the application and any plans in pdf format. Date: 8-22-2022 To the Planning Board: Application # The undersigned believing that the accompanying plan of his property in the Town of Brewster does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under this Subdivision Control Law is not required. Name of Applicant: Delahanty Realty Trust & Carol A. Austin Phone: 413-348-2384 Address: P.O. Box 38, Brewster, MA 02631 Email: wono01@yahoo.com Owner, if different: Same Phone: Address: Email: Name of Surveyor/Engineer: John O'Reilly Phone: 508-896-6601 Company Name: J.M. O'REILLY & ASSOCIATES, INC Address: 1573 Main Street - P.O. Box 1773, Brewster, MA 02631 Email: ioreilly@jmoreillyassoc.com Location and description of Property: 16 - 22 Partridge Circle, Brewster, MA Map 102 Lot 46 Zoning District RM Deed of property recorded in Barnstable County Registry Book: 22970 Page: 234 Or Land Court Certificate of Title No. Current number of lots 1 Proposed number of lots 1 Please provide a one -page description of the purpose of the ANR application. Signature of Owner or Authorized Representative: —(6 (6'4; If not Owner, please attach Agent Affidavit. Revised 05-2018 ANR Application Page 1 of 2 Plans not requiring approval. A. Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land, and who believes that his plan does not require approval under the Subdivision Control Law, may submit his plan and Application Form A to the Board accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or by registered or certified mail, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said application. B. If the Board determines that the plan does not require approval, it shall, without a public hearing and within twenty-one (21) days of submission, endorse and date near the signature area of the plan on a plan under the words "Planning Board Approval Under Subdivision Control Law Not Required" C. Said plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its action. {Amended effective 10-15-1987] A plan not requiring approval shall be prepared by a registered land surveyor and shall be clearly and legibly drawn two (2) 24" x 36" plan and ten (10) 11" x 17" reduced plans shall be provided to the Planning Board and meet the requirements of the Recording Rules adopted by Registry of Deeds in Massachusetts. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire plan. A plan not requiring approval shall contain the following information: 1. Property boundaries, north point, date and scale. 2. Name of the record owner, name of the registered land surveyor, and the Barnstable Registry of Deeds book and page reference of conveyance to record owner. 3. Area of each lot. 4. Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, monuments or references necessary to establish these lines on the ground. 5. Where practical, boundary lines of contiguous and adjacent land and the names of the owners thereof, as determined from the most recent tax list. 6. Location of all permanent monuments properly identified. 7. Location, names and present widths of non-public (private) ways abutting the property. 8. Suitable space to record the endorsement of the Board that approval is not required and the signatures of the members of the Board. 9. Zoning classification and location of any Zoning District Boundaries that may lie within the locus of the plan and the current zoning requirements (i.e. setbacks, lot size). 10. In the case of the creation of a new lot, the remaining land area and frontage of the land in the ownership of the applicant shall be shown. 11. Location of all existing buildings, including setback and side and rear yard designations. 12. Location and area of any wetlands on the lots being created by the plan (including the lot being created by the remaining land). In lieu of delineating the wetlands on the remaining land, the applicant may provide written certification from the Surveyor or Professional Engineer who prepared the plan that the remaining parcel of land contains the minimum upland area required under the Zoning By -Laws. D. If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within twenty-one (21) days of submission of said plan, so inform the applicant and return the plan. The Board also shall notify the Town Clerk of its determination. If the Board fails to act upon the plan within the prescribed twenty-one (21) days, it shall be deemed to have determined that approval under the Subdivision Control Law is not required. E. In acting on such a plan, the Board must ask if the way on which this plan of land is located is adequate to handle all the traffic generated from all sources and also if the design and construction of this way are in compliance with the standards shown in Article IV of these rules and regulations. A negative answer to either question will justify disapproval. Revised 05-2018 ANR Application Page 2 of 2 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov brewster-ma.gov Date & Time Received Town Clerk's Office FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL (ANR) Please provide twelve (12) copies of this application along with ten (10) 11" x 17" sized plans and two (2) 24"x 36" sized plans along with one (1) Mylar. Please also provide an electronic copy of the application and any plans in pdf format. Date: 8-22-2022 Application # To the Planning Board: The undersigned believing that the accompanying plan of his property in the Town of Brewster does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under this Subdivision Control Law is not required. Name of Applicant: Delahanty Realty Trust & Carol A. Austin Phone: 413-345-23£34 Address: P.o. Box 38, Brewster, MA 02631 Email: wono01@yahoo,com Owner, if different: Samo Address: Name of Surveyor/Engineer: John O'Reilly Company Name: J.M. O'REILLY & ASSOCIATES, INC Phone: Email: Phone: 508-896-6601 Address: 1573 Main Street - P.O. Box 1773, Brewster, MA 02631 Email: joreilly ci jmoreiltyassoc.com Location and description of Property: 16 - 22 Partridge Circle, Brewster, MA Map 102 Lot 46 Zoning District RM Deed of property recorded in Barnstable County Registry Book: 22970 Page: 234 Or Land Court Certificate of Title No. Current number of Tots 1 Proposed number of Tots Please provide a one -page description of the purpose of the ANR application. Signature of Owner or Authorized Representative: Revised 05-2018 if not Owner, please attach Agent Affidavit. ANR Application Page 1 of 2 BREWSTER, MA Partridge Circle NOT TO SCALE KEY MAP LEGEND CB ■ TB ■ FND CONCRETE BOUND CLAY TILE BOUND FOUND MASS. COORDINATE SYSTEM ZONING TABLE ZONE: (RESIDENTIAL) RM (Residential) FRONT YARD SETBACK SIDE AND REAR YARD SETBACKS MINIMUM LOT SIZE LOT FRONTAGE BUILDING COVERAGE BUILDING HEIGHT 40 FEET 25 FEET 60,000 SF 150 FEET 25% 30 FEET DATE OWNERS OF RECORD: DELAHANTY REALTY TRUST NANCY W. GARRAN, TRUSTEE AND CAROL A. AUSTIN DED BOOK 22970, PAGE 234 DEED BOOK 32847, PAGE 13 PLAN BOOK 108, PAGE 129 ASSR'S MAP 102, PARCEL 46 PARCEL B1 IS PARCEL 3 AS NOTED IN DEED PLAN REFERENCE: LOCUS: PLAN BOOK 108, PAGE 129 ABUTTERS: LAND COURT PLAN 26124-A LAND COURT PLAN 43362-A PLAN BOOK 413, PAGE 16 ACCESS NOTE: IMPROVEMENTS TO PORTIONS OF PARTRIDGE CIRCLE HAVE BEEN COMPLETED AS REQUESTED BY THE BREWSTER FIRE CHIEF. ENDORSEMENT DOES NOT IMPLY ZONING COMPLIANCE EXCEPT AS TO FRONTAGE THE PROPERTY LINES SHOWN ARE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. PARTRIDGE CIRCLE HAS SUFFICIENT WIDTH, GRADE AND CONSTRUCTION TO PROVIDE FOR SAFE AND ADEQUATE ACCESS TO LOCUS AND FOR THE PROVISIONS OF MUNICIPAL SERVICES AS SUCH: APPROVAL UNDER THE SUBDIVISION CONTROL LAW IS NOT REQUIRED BREWSTER PLANNING BOARD TOWN OF BREWSTER CONSERVATION COMMISSION CERTIFICATE # 105228 MAP 102 PARCEL 17 N 00°40'44" E 170.50' CB FND ORZANO FAMILY LIVING TRUST CERTIFICATE 226995 MAP 102 PARCEL 45 CB END • NANCY GARRAN & CAROL AUSTIN DEED BOOK 32, PAGE 153 MAP 102 PARCEL 49 N 85°25'55" E 81.79' WOOD FRAMED COTTAGE Existing Driveway 1851±to Centerline of Road - - — — — 5 85°27'41" W 174.07' N 85°25'55" E 79.29' TB FND WOOD FRAMED COTTAGE LOT B1 AREA = 34,430 SF± UTILTIY POLE 32-3A CHRISTINA M. BARIL ANDREW J. PASATI DEED BOOK 31255 PAGE 1 MAP 102 PARCEL 48 5 85°17'37'_W 101.95' TO CORNER TB FND Ln 0 on A r. T 0 0 CAPTAIN DEL ASSOCIATES INC. DEED BOOK 1495 PAGE 488 MAP 102 PARCEL 47 N 85°43'35" E 99.67' 102'± to Centerline of Road 0 0 I, N w 2.5'± •; :.,•11'± DAVID WOOLEN EDMUND WOOLEN WILLIAM WOOLEN DEED BOOK 32599 PAGE 130 MAP 102 PARCEL 57 UTILTIY POLE 32-4 < -v 1 —s cr r -F i --3 UTILTIY POLE 32-3 STEPHEN W. FINOCCHIO DEED BOOK 24608 PAGE 67 MAP 102 PARCEL 59 TIE: 5 12°25'50" E 62.92' 3.0'± UTILTIY POLE 32-2 FOR REGISTRY USE ONLY I CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRARS OF DEEDS EFFECTIVE JANUARY 1, 1976 AND AMENDED JANUARY 7, 1988. DATE (o- (9 - z0tz. PLAN OF LAND IN BREWSTER, MASSACHUSETTS AT 16-22 PARTRIDGE CIRCLE FOR DELAHANTY REALTY TRUST NANCY W. GARRAN TRUSTEE AND CAROL A. AUSTIN 0 30 60 90 SCALE 1"=30' OCTOBER 7, 2022 REVISED 10-19-2022 MADE BY J.M. O'REILLY & ASSOCIATES, INC. 1573 MAIN STREET, P.O. BOX 1773 BREWSTER, MASSACHUSETTS 02631 PHONE: (508) 896-6601 WWW,JMOREILLYASSOC.COM DRAWING: AAJOBS\GARRAN 9341\DWG \9341.ANR MAP 109 PAGE 46 & 49.dwg JMO-9341 fg RPORAZ�3 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov Date & Time Received Town Clerk's Office FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL (ANR) Please provide twelve (12) copies of this application along with ten (10) 11" x 17" sized plans and two (2) 24"x 36" sized plans along with one (1) Mylar. Please also provide an electronic copy of the application and any plans in pdf format. Date: 8-22-2022 To the Planning Board: Application # gaa—v7-- The undersigned believing that the accompanying plan of his property in the Town of Brewster does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under this Subdivision Control Law is not required. Name of Applicant: Delahanty Realty Trust & Carol A. Austin Phone: 413-348-2384 Address: P.O. Box 38, Brewster, MA 02631 Email: wono01@yahoo.com Owner, if different: Same Phone: Address: Email: Name of Surveyor/Engineer: John O'Reilly Phone: 508-896-6601 Company Name: J.M. O'REILLY & ASSOCIATES, INC Address: 1573 Main Street - P.O. Box 1773, Brewster, MA 02631 Email: joreilly@jmoreillyassoc.com Location and description of Property: Parcel 49 - 0 Partridge Circle, Brewster, MA Map 102 Lot 49 Zoning District RM Deed of property recorded in Barnstable County Registry Book: 22970 Page: 234 Or Land Court Certificate of Title No. Current number of lots 1 Proposed number of Tots 1 Please provide a one -page description of the purpose of the ANR application. Signature of Owner or Authorized Representative: (:,0(,,'-e If not Owner, please attach Agent Affidavit. Revised 05-2018 ANR Application Page 1 of 2 Plans not requiring approval. A. Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land, and who believes that his plan does not require approval under the Subdivision Control Law, may submit his plan and Application Form A to the Board accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or by registered or certified mail, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said application. B. If the Board determines that the plan does not require approval, it shall, without a public hearing and within twenty-one (21) days of submission, endorse and date near the signature area of the plan on a plan under the words "Planning Board Approval Under Subdivision Control Law Not Required" C. Said plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its action. [Amended effective 10-15-1987] A plan not requiring approval shall be prepared by a registered land surveyor and shall be clearly and legibly drawn two (2) 24" x 36" plan and ten (10) 11" x 17" reduced plans shall be provided to the Planning Board and meet the requirements of the Recording Rules adopted by Registry of Deeds in Massachusetts. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire plan. A plan not requiring approval shall contain the following information: 1. Property boundaries, north point, date and scale. 2. Name of the record owner, name of the registered land surveyor, and the Barnstable Registry of Deeds book and page reference of conveyance to record owner. 3. Area of each lot. 4. Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, monuments or references necessary to establish these lines on the ground. 5. Where practical, boundary lines of contiguous and adjacent land and the names of the owners thereof, as determined from the most recent tax list. 6. Location of all permanent monuments properly identified. 7. Location, names and present widths of non-public (private) ways abutting the property. 8. Suitable space to record the endorsement of the Board that approval is not required and the signatures of the members of the Board. 9. Zoning classification and location of any Zoning District Boundaries that may lie within the locus of the plan and the current zoning requirements (i.e. setbacks, lot size). 10. In the case of the creation of a new lot, the remaining land area and frontage of the land in the ownership of the applicant shall be shown. 11. Location of all existing buildings, including setback and side and rear yard designations. 12. Location and area of any wetlands on the lots being created by the plan (including the lot being created by the remaining land). In lieu of delineating the wetlands on the remaining land, the applicant may provide written certification from the Surveyor or Professional Engineer who prepared the plan that the remaining parcel of land contains the minimum upland area required under the Zoning By -Laws. D. If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within twenty-one (21) days of submission of said plan, so inform the applicant and return the plan. The Board also shall notify the Town Clerk of its determination. If the Board fails to act upon the plan within the prescribed twenty-one (21) days, it shall be deemed to have determined that approval under the Subdivision Control Law is not required. E. In acting on such a plan, the Board must ask if the way on which this plan of land is located is adequate to handle all the traffic generated from all sources and also if the design and construction of this way are in compliance with the standards shown in Article IV of these rules and regulations. A negative answer to either question will justify disapproval. Revised 05-2018 ANR Application Page 2 of 2 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov Date & Time Received Town Clerk's Office FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL (ANR) Please provide twelve (12) copies of this application along with ten (10) 11" x 17" sized plans and two (2) 24"x 36" sized plans along with one (1) Mylar. Please also provide an electronic copy of the application and any plans in pdf format. Date; 8-22-2022 To the Planning Board: Application # The undersigned believing that the accompanying plan of his property in the Town of Brewster does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under this Subdivision Control Law is not required. Name of Applicant: Delahanty Realty Trust & Carol A. Austin Address: P.O. Box 38, Brewster, MA 02631 Phone: 413-348-2384 Email: wono0l@yahoo.com Owner, if different: same Phone: Address: Email: Name of Surveyor/Engineer: John O'Reilly Phone: 508-896-6601 Company Name: J.M. O'REILLY & ASSOCIATES, INC Address: 1573 Main Street - P.O. Box 1773, Brewster, MA 02631 Email: joreilly@jmorelllyassoc.com Location and description of Property: Parcel 49 - 0 Partridge Circle, Brewster, MA Map 102 Lot 49 Zoning District RM Deed of property recorded in Barnstable County Registry Book: 22970 Page: 234 Or Land Court Certificate of Title No. Current number of lots 1 Proposed number of lots 1 Please provide a one -page description of the purpose of the ANR application, Signature of Owner or Authorized Representative: r. If not Owner, please attach Agent Affidavit. Revised 05-2018 ANR Application Page 1 of 2 BREWSTER, MA Partridge Circle NOT TO SCALE KEY MAP LEGEND CB ■ TB ■ FND CONCRETE BOUND CLAY TILE BOUND FOUND MASS. COORDINATE SYSTEM ZONING TABLE ZONE: (RESIDENTIAL) RM (Residential) FRONT YARD SETBACK SIDE AND REAR YARD SETBACKS MINIMUM LOT SIZE LOT FRONTAGE BUILDING COVERAGE BUILDING HEIGHT 40 FEET 25 FEET 60,000 SF 150 FEET 25% 30 FEET ACCESS NOTE: IMPROVEMENTS TO PORTIONS OF PARTRIDGE CIRCLE HAVE BEEN COMPLETED AS REQUESTED BY THE BREWSTER FIRE CHIEF. DATE ENDORSEMENT DOES NOT IMPLY ZONING COMPLIANCE EXCEPT AS TO FRONTAGE THE PROPERTY LINES SHOWN ARE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. PARTRIDGE CIRCLE HAS SUFFICIENT WIDTH, GRADE AND CONSTRUCTION TO PROVIDE FOR SAFE AND ADEQUATE ACCESS TO LOCUS AND FOR THE PROVISIONS OF MUNICIPAL SERVICES AS SUCH: APPROVAL UNDER THE SUBDIVISION CONTROL LAW IS NOT REQUIRED BREWSTER PLANNING BOARD OWNERS OF RECORD: DELAHANTY REALTY TRUST NANCY W. GARRAN, TRUSTEE AND CAROL A. AUSTIN DED BOOK 22970, PAGE 234 DEED BOOK 32847, PAGE 13 PLAN BOOK 108, PAGE 129 ASSR'S MAP 102, PARCEL 49 LOT B2 I5 PARCELS 1 & 2 AS NOTED IN DEED PLAN REFERENCE: LOCUS: PLAN BOOK 108, PAGE 129 ABUTTERS: LAND COURT PLAN 26124-A LAND COURT PLAN 43362-A PLAN BOOK 413, PAGE 16 CB FND TOWN OF BREWSTER CONSERVATION COMMISSION CERTIFICATE # 105228 MAP 102 PARCEL 17 N 00°40'44" E 414.43' TO CB(FND) THE VIRGINIA M. GILLIS IRREVOCABLE TRUST DEED BOOK 23701 PAGE 339 MAP 102 PARCEL 52 N 87°07'41" E 142.23' N 85'25'55" E 81.79' 0 N 00 5 01°28'10" W 1 ELIKAT TRUST DEED BOOK 34351 PAGE 326 MAP 102 PARCEL 51 S 86°52'57" W 142.28' • CB FND BARBARA J. CAMPBELL KAREN A. KORELL-OBRIEN DOUGLAS S. KORELL DEED BOOK 30490 PAGE 52 MAP 102 PARCEL 50 N 86°52'57" E 142.28' 142'+ to Centerline of Road LOT B2 AREA= 68,080 SF± 185'+ to Centerline of Road 5 85°27'41" W 174.07' CHRISTINA M. BARIL ANDREW J. PASATI DEED BOOK 31255 PAGE 1 MAP 102 PARCEL 48 5_85°1_713711W 101.95_TO CORNER N 85°25'55" E 79.29' _ TB FND TB FND NANCY GARRAN & CAROL AUSTIN DEED BOOK 32, PAGE 153 MAP 102 PARCEL 46 CAPTAIN DEL ASSOCIATES INC. DEED BOOK 1495 PAGE 488 MAP 102 PARCEL 47 TB FND( .5'± AVMOVO21_MO DNI1SIX3 1 1 I CB FND V. SHEAREALTYTRUST DEED BOOK 7922 PAGE 098 MAP 102 PARCEL 66 I co-, UTILTIY POLE #IR/14 cn cn 0 I+ o6 UTILTIY POLE 32-5 THE BRENDA L. GAVIN REALTY TRUST DEED BOOK 20163 PAGE 259 MAP 102 PARCEL 64 DAVID WOOLEN ,.11'± EDMUND WOOLEN WILLIAM WOOLEN DEED BOOK 32599 PAGE 130 MAP 102 PARCEL 57 UTILTIY POLE 32-4 FOR REGISTRY USE ONLY I CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRARS OF DEEDS EFFECTIVE JANUARY 1, 1976 AND AMENDED JANUARY 7, 1988. DATE (c_ I7-2cJZZ PLAN OF LAND IN BREWSTER, MASSACHUSETTS AT 0 PARTRIDGE CIRCLE ASSESSOR'S PARCEL 49 FOR DELAHANTY REALTY TRUST NANCY W. GARRAN TRUSTEE AND CAROL A. AUSTIN 0 30 60 90 SCALE 1"=30' OCTOBER 7, 2022 REVISED 10-19-2022 MADE BY J.M. O'REILLY & ASSOCIATES, INC. 1573 MAIN STREET, P.O. BOX 1773 BREWSTER, MASSACHUSETTS 02631 PHONE: (508) 896-6601 WWW.JMOREILLYASSOC.COM DRAWING: AAJOBS\GARRAN 9341\DWG\9341.ANR MAP 109 PAGE 46 & 49.dwg JMO-9341 APPROVAL NOT REQUIRED CASE NO. 2022-08 OWNERS/APPLICANTS: THE FREE SEA TURTLE LLC AND 162 UNDERPASS LLC PROPERTY: 162 UNDERPASS ROAD Date: October 20, 2022 To: Planning Board From: Jon Idman, Town Planner Re: Approval Not Required Plan Endorsement PB#2022-08: 162 Underpass Road (Map 77 Pcl 9) Owners/ Applicants: 162 Underpass LLC & The Free Sea Turtle LLC _____________________________________________________________________________________ Staff Recommendation Vote to endorse the plan entitled “Plan of Land in Brewster Massachusetts at 162 Underpass Road for Paul Wallace,” made by J.M. O’Reilly & Associates, Inc., dated and stamped 10/18/2022, as it does not depict a subdivision, so-defined, and thus does not require approval under the subdivision control law. Discussion The Owners/ Applicants have submitted a plan of land to the Board for endorsement which shows a division of locus into five lots- two proposed building lots and three unbuildable lots. The plan is styled as an “Approval Not Required” (ANR) plan per MGL Ch. 41 ss. 81L & 81P and Section 290-4 of the Brewster Subdivision Rules and Regulations, i.e. the applicant maintains that no subdivision approval is required for the land division because the plan does not depict a ‘subdivision’ as defined under the subdivision control law. It is axiomatic that if a plan does not depict a subdivision, then no subdivision approval is required. There are several bases under the subdivision control law that warrant or allow ANR endorsement. In the case at hand, the proposed land division is not a subdivision, so-defined, and an ANR plan endorsement is warranted because each of the two proposed building lots has existing lot frontage along Underpass Road, an improved public/ town way, that meets the minimum requirements of the Brewster Zoning Bylaw.1 Note Though the two proposed building lots appear to meet all minimum dimensional requirements in the CH (Commercial) District under the Brewster Zoning Bylaw, the Board’s endorsement does not itself imply zoning compliance (other than as to frontage) or represent the buildability of the lots; these zoning issues are beyond the scope and authority of the Board under a request for ANR plan endorsement. 1 I would note that, though “Lot 5” is not proposed or intended to be a building lot, it has the frontage sufficient to warrant endorsement, even though there appear to be zoning deficiencies associated with it such as wetland area, etc. Town Of Brewster 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x1150 Office of: Planning Department ly a RrQ %1,0 coa Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov Date & Time Received Town Clerk's Office FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL (ANR) Please provide twelve (12) copies of this application along with ten (10) 11" x 17" sized plans and two (2) 24"x 36" sized plans along with one (1) Mylar. Please also provide an electronic copy of the application and any plans in pdf format. Date: (01 19 f To the Planning Board: Application # The undersigned believing that the accompanying plan of his property in the Town of Brewster does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under this Subdivision Control Law is' not required. Name of Applicant:'PCW WOloi, Address: Zia efoSby LK/ i 41{,,WS Mdt $tu. Tur44t. Lt_L Owner, if different: IV- L pass LLt'. 2..1 Crostsy Lek , i3etiw ,.t MO\ Address: 76 Su4- 5opk;as Ita t t3rtos-f-r tit& Name of Surveyor/Engineer:. K. 01 1-2-iAl� Company Name: %n , D 1141.\ y tl wi /kSUc; "t-5 Address: 157 3 i\kai tet S4 I cy.wsue" rot ti Location and description of Property: ! 1 UkiAtir PAIS 12� Phone: S Q$ 7-`14 i kt Email: P0A W ouw @ Du pAC.O . Cdvt Phone: SOS Vt la 7A3 q.2 Email:PAAVI t `t O1Acrbout. ! ci. Cro vV Phone: 5 08 -7 S q 6 -601 EmaiE:��Qti qty@'Yi \0?Ell(yMsoc.6 Map 77 Lot " 1 Zoning District e- Deed of property recorded in Barnstable County Registry Book: 1235 6 Page: t73 Or Land Court Certificate of Title No. Current number of lots Proposed number of lots Please provide a one -page description of the purpose of the A Signature of Owner or Authorized Representative: If not s ple�se�"a `Agent A • SiT0r/(t.Zi 162 VAdupeos L4c. Revised 05-2018 ANR Application Page 1 of 2 Paul Wallace P.O, Box 444 Brewster Ma, 02631 PaulWallace@OuterbarCo.com Wednesday, October 19`h 2022 Town of Brewster Planning Board Brewster Town Offices 2198 Main St Brewster Ma, 02631 Re: 162 Underpass Rd - Application for Endorsement of Plan Believed not to Require Approval (ANR) Dear Members of the Board, The purpose of this ANR application is divide the property at 162 Underpass Rd into five lots, Two buildable lots and three non -buildable lots. Lot 1 and Lot 2 are intended to be buildable lots with Lot 1 having 170ft of frontage on Underpass road and Lot 2 having 160ft. Both Tots are easily accessed off of underpass rd. Lot 3 and 4 do not have any frontage on underpass road and are intended as non -buildable lots. Lot 5 is largely made up of wetland area and is also intended as a non -buildable lot. Thank you for your onsideration. Pauli Wallace RT. 6A LOCUS SARA ANNE WY Oil SS B3GNn SN NOT TO SCALE BREWSTER, MA Rp KEY MAP PLAN BOOK 460 PAGE 27 OWNERS OF RECORD: THE FREE SEA TURTLE, LLC AND 162 UNDERPASS, LLC DEED BOOK 35100, PAGE 13 PLAN BOOK 460, PAGE 27 ASSR'S MAP 77, PARCEL 9 LEGEND CB ■ FND • CONCRETE BOUND FOUND DRILL HOLE STEP TOWN OF BREWSTER (STONYBROOK ELEMENTARY SCHOOL) ASSESSORS MAP 76, PARCEL 22 DEED BOOK 2227, PAGE 223 NO DETERMINATION OF COMPLIANCE WITH ZONING REQUIREMENTS HAS BEEN MADE OR IS INTENDED SINCE THE PURPOSE OF THIS PLAN 15 TO DIVIDE THE PARCEL AS SHOWN ON PLAN BOOK460, PAGE 27, INTO FIVE LOTS. LOTS 1 AND 2 PROVIDE THE REQUIRED FRONTAGE AND LOT AREA, LOT 3 SHALL BE AN UNBUILDABLE LOT AND WILL BE UTILIZED BY BOTH LOTS 1 AND 2, LOT 4 IS NOT A BUILDABLE LOT DUE TO LACK OF AREA AND FRONTAGE AND WILL BE MERGED WITH PARCEL 54 ON SARA ANN LANE. LOT 515 NOT A BUILDABLE LOT DUE TO LACK OF AREA. AS SUCH: APPROVAL UNDER THE SUBDIVISION CONTROL LAW IS NOT REQUIRED DATE BREWSTER PLANNING BOARD ZONING TABLE ZONE: (COMMERCIAL) CH(COMMERCIAL) FRONT YARD SETBACK SIDE AND REAR YARD SETBACKS MINIMUM LOT SIZE LOT FRONTAGE BUILDING COVERAGE BUILDING HEIGHT 30 FEET 20 FEET 40,000 SF 150 FEET 25% 30 FEET 1) 0 ° 0 O 0 00 m DRILL HOLE FND TOTAL AREA = 1,519 SFt (0.035 AC±) 71.38' N 88°45'29" E (TIE) n, AL S)° 8j S3, QS, 9Z„ �(V,1edaca Edge o II. S'15" 15.66 LOT 3 TOTAL AREA =24,314 SF± (0.558 ACt) N78°11,55"W 102 99.56' J &J REVOCABLE TRUST ROBERT TULLOCH, TRUSTEE ASSESSORS MAP 77, PARCEL 54 DEED BOOK 33321, PAGE 262 co 1.4 u, tit 3.57 , BREWSTER CONSERVATION TRUST ASSESSORS MAP 77, PARCEL 11 DEED BOOK 23013, PAGE 28 / %- t Ln 0 W Ql m Lo 00 W Isolated Vegetated Wetland JILL i - TOTAL AREA = 40,675 SF± (0.934 AC±) WETLAND AREA = 306 SF± (0.007 AC±) UPLAND AREA = 40,579 SFt (0.927 AC±) FRONTAGE = 160.00' 20' WIDE UTILITY EAS MENT N 78°1'55" 97 84' 85.67' TOTAL AREA =46,490 SFt (1.067 AC±) WETLAND AREA = 39,270 SFt (0.902 ACt) UPLAND AREA = 7,220 SF± (0.165 AC±) FRONTAGE = 278,91' TOTAL AREA =44,200 SFt (1.015 AC±) FRONTAGE = 170.00' KEYES ENTERPRISES LLC ASSESSORS MAP 77, PARCEL 53 DEED BOOK 33321, PAGE 264 c F D r -'C3 FND ras a ;uawaned Jo a z 'ES0 C -m -D C= co -0 r (J'1 2 O 0 FOR REGISTRY USE ONLY I CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRARS OF DEEDS EFFECTIVE JANUARY 1, 1976 AND AMENDED JANUARY 7, 1988. M. . O'REILLY NO. 46733 PLAN OF LAND IN BREWSTER, MASSACHUSETTS AT 162 UNDERPASS ROAD FOR THE FREE SEA TURTLE, LLC 162 UNDERPASS, LLC 0 30 60 90 SCALE 1"=30' OCTOBER 19, 2022 MADE BY J.M. O'REILLY & ASSOCIATES, INC. 1573 MAIN STREET, P.O. BOX 1773 BREWSTER, MASSACHUSETTS 02631 PHONE: (508) 896-6601 WWW.JMOREILLYASSOC.COM DRAWING: AAIOBS\WALLACE 6125A\DWG\6125A ANR PLANdwg JMO-6125A DRAFT MEETING MINUTES DATED OCTOBER 12, 2022 PB Minutes 10/12/22 Page 1 of 5 Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD JOINT MEETING WITH SELECT BOARD AND VISION PLANNING COMMITTEE MEETING MINUTES Wednesday, October 12, 2022 at 6:30 pm Brewster Town Office Building (virtual) Chair Madalyn Hillis-Dineen convened a remote meeting of the Planning Board at 6:30 pm with the following members participating remotely: Amanda Bebrin, Charlotte Degen, Tony Freitas, Rob Michaels and Alex Wentworth. Elizabeth Taylor was not present. Also participating remotely: Jon Idman, Town Planner and Lynn St. Cyr, Senior Department Assistant. Hillis-Dineen declared that a quorum of the Planning Board was present. Select Board Chair David Whitney declared a quorum of the Select Board with Cindy Bingham, Mary Chaffee, Ned Chatelain and Kari Hoffmann present. Also participating remotely Peter Lombardi, Town Administrator and Donna Kalinick, Assistant Town Administrator. Vision Planning Committee (VPC) Chair Hal Minis declared a quorum of the VPC with Sharon Tennstedt, Amanda Bebrin, Andi Genser, Patricia Hess, Sue Kenney, and Alex Wentworth present. Fran Schofield was not present. Also participating remotely: Ellen Murphy, VPC Administrator. 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. The meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (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). 6:34 PM CITIZEN’S FORUM No citizen comments. 6:36 PM PUBLIC HEARING The Planning Board, Select Board and Vision Planning Committee will review, discuss and potentially vote on the final draft 2022 Local Comprehensive Plan (LCP) prepared by the Vision Planning Committee (VPC). Documents:  09/29/22 Email from Chloe Schaefer of the Cape Cod Commission  10/12/22 Public Hearing Presentation on Brewster’s Local Comprehensive Plan  Final Draft Local Comprehensive Plan, October 2022 Motion by Planning Board Member Bebrin to Open the Public Hearing. Second by Degen. Roll call vote: Michaels-aye; Freitas-aye; Bebrin-aye; Degen-aye; Wentworth-aye; and Hillis-Dineen-aye. Taylor was not present. Vote: 6-0-0. Motion by Select Board Member Mary Chaffee to Open the Public Hearing. Second by Hoffmann. Roll call vote: Bingham-aye; Chaffee-aye; Chatelain-aye; Hoffmann-aye; and Whitney-aye. Vote: 5-0-0. Hal Minis, Chair of the Vision Planning Committee (VPC), made a presentation on Brewster’s Local Comprehensive Plan (LCP). Minis stated that the LCP describes how Brewster looks today and where it would like to go in the future. The LCP provides direction to help guide the Town particularly in land use decisions. The LCP is not law or a regulation. It does not create a mandate or requirements. The LCP has been prepared with guidance from the Cape Cod Commission. Approved: Vote: PB Minutes 10/12/22 Page 2 of 5 Minis summarized the VPC’s work on the LCP. The LCP was prepared based on Brewster’s 2018 Vision Plan. The Vision Plan and its 8 building blocks were the framework for the LCP. Two new building blocks have been added: climate mitigation and adaptation and solid waste. Minis stated that in February 2022, the VPC conducted the Next Steps surrey based on the proposed land use actions from the Vision Plan. The Vision Plan summary papers were also updated. Based on the results of the Next Steps survey, the VPC formulated an Action Plan. The Action Plan was reviewed by Town staff and a draft LCP was put out for public comment. Minis reviewed public involvement in the LCP including the Next Steps survey which had 2300 participants, and public comment periods for the Action Plan, LCP Overview, and draft LCP. The LCP will be presented at Town Meeting for approval. Minis summarized sections of the LCP which include Brewster’s Vision, Community Engagement, Building Blocks-Existing Conditions and Issues, the Action Plan by building block, the Capital Facilities Plan, the 2022 Housing Production Plan Update Summary, Implementation and Performance Monitoring, and Supporting Town Plans and Policies. Minis thanked all those who contributed to the LCP. Planning Board member Elizabeth Taylor joined the meeting. Hillis-Dineen invited the Planning Board to comment on the draft LCP. Michaels and Wentworth both stated that the LCP was an impressive document and thanked the VPC for their work on the plan. Bebrin stated that the VPC has engaged the public throughout the LCP process by mailing postcards to all homeowners, engaging 2300 participants in the survey and organizing pop ups in the community. The feedback, from both the public and Town staff, was considered and used to make changes to the plan. Bebrin noted that the LCP is a guidance document that will be used to guide the Town for the next 10-15 years. The LCP includes over 100 action items which will take on their own engagement process to move forward. Degen also appreciated the work that went into the LCP and suggested a definitions section be included. Taylor suggested the reference to the Herring River watershed being protected under recent actions by the Town (page 26) be removed as that has not yet happened. Taylor stated that there is no reference to the Grow Smart mapping project by HAC and APCC in the plan and she thinks it is an important document that should be included. Minis responded that the map did not come to Brewster until after the technical review for the LCP was complete. The Town can consider integrating the map. Taylor asked if the Town, under the Governance building block, has considered working with Open Cape to help expand internet availability for residents. Minis responded that this document is not a complete listing of every action that will be taken by the Town. Additional actions may be taken. Freitas also stated that he appreciated the work done on the LCP and supports the plan. Hillis-Dineen also expressed support for the plan and all the work that has gone into its creation. Whitney invited Select Board members to comment on the draft LCP. Chaffee noted the importance of the LCP as a Town planning document and thanked the VPC for their work. Bingham stated that the LCP was a document the VPC and Town should be proud and appreciated the VPC’s work on the LCP. Hoffmann thanked the VPC for their efforts and reminded everyone that the LCP is a guidance document not law or regulation. Hoffmann also stated that she appreciated the efforts of both the Vision Advisory Group and the VPC to solicit public comment on the Vision Plan and the LCP. Chatelain thanked the VPC, Town staff and the public for all their work and time given to the LCP. Whitney also thanked the VPC for all their hard work. Hillis-Dineen invited members of the public to provide comments. Ben Mc Kelway, 1802 Main Street, asked that the boards not approve the draft LCP as it relates to actions that call for implementation of the Drummer Boy Park Master Plan. Mc Kelway requested that all references to a boardwalk or walkway linking Drummer Boy Park to Wing Island be deleted from the LCP. He expressed his opposition to concept plans that have been presented for the boardwalk and expressed concern that the boardwalk would negatively impact the scenic view. Lori Shockley, a resident, stated that she had concerns with the integrity of the planning committee and their work on the LCP. She feels that her views along with the views of a larger group have not been considered. Shockley also feels that the LCP process has been rushed and there are environmental issues that need to be addressed. She requested any reference to the boardwalk to Wing Island be removed from the LCP. Additionally, she expressed concern about misinformation in the community including inaccurate information being shared regarding access to Wing Island. She noted that the draft LCP states that the plan has already been adopted and felt that was troubling. PB Minutes 10/12/22 Page 3 of 5 Len Egert, a resident, appreciates the work that has gone into the LCP but feels the plan is tainted with a tacit approval of the Wing Island project. Egert recognized that the plan is not providing policy, but it does give guidance for land use. He stated that the Wing Island boardwalk project is troubling and faces growing opposition. Egert stated that state and federal review of the project may be required. He asked that any reference to the Wing Island boardwalk be removed from the LCP as further review and public comment is necessary. He asked that a vote on the LCP be postponed as further review of the boardwalk project is needed. Rebekah Powers, 440 Main Street, is strongly opposed to any boardwalk to Wing Island referenced in the LCP. Powers stated that she is usually supportive of access to open spaces, but this is a sensitive area and access may need to be limited. John Depuy, 835 Main Street, stated that the LCP is an excellent plan except for the references to Wing Island and Drummer Boy Park. He supports the request to remove those references from the plan. Carol Marcy, a resident, stated that she supports accessibility to Brewster’s beautiful spaces but a viewing deck in Drummer Boy Park or at the beach at the Sea Camps property would be more accessible than a boardwalk to Wing Island. Janice Riley, 32 Old Red Top Road, stated that the LCP includes the Drummer Boy Park Master Plan. Also, there are references within the LCP to implementing the Drummer Boy Park Master Plan and there is confusion as to what “implement” means. Riley stated that residents are seeking clarification and asking that the plan be revised to exclude references to implementing the Drummer Boy Park Master Plan. Gillian MacKenzie, 373 Stony Brook Road, urged the boards not to approve the LCP as drafted and to remove all references to Drummer Boy Park from the plan. She encouraged board members to stand true to the Vision Plan which supports public engagement and collaboration. Minis responded to comments made by MacKenzie and stated that the VPC discussed how to present the Executive Summary in the LCP and opted to use the language that would be used to present the plan at Town Meeting. The language is in no way meant to project that the LCP has already been approved. Minis noted that in a previous draft of the LCP the Wing Island boardwalk project was listed under action items but in response to public comment received the reference to Wing Island under action items was removed. Minis stated that the LCP is a high-level planning document and that there will be further public discussion and engagement on action items. Lynne Hamlyn, a professional wetlands scientist and environmental consultant, stated that she believes the boardwalk proposed at Wing Island would require local, state, and federal permitting. She expressed concerns that the designs being shared with the public cannot meet permitting requirements. Hamlyn also expressed concern with the lack of information regarding costs of the boardwalk and costs of permitting the boardwalk. Chris Powicki, 2042 Main Street, thanked the VPC for their work on the LCP. Powicki stated that the LCP should not be approved as it did not allow public participation, the scope is too narrow, and it lacks specific community wide performance measures for assessing progress. Powicki stated that more public engagement is necessary before the plan is presented for a vote at Town Meeting. Len Egert stated that the Chair should be accepting comment from anyone who wishes to speak and that it is not necessary for speakers to provide new information during the public comment period. Laura Eldredge, a resident, stated that there have been rumors in the community that a 50-space parking lot was being added to Drummer Boy Park. She asked if that was necessary if the boardwalk project did not happen. She also expressed budget concerns given the recent purchase of the Sea Camps property. She stated that an important matter such as the LCP should not be up for discussion at an indoor Fall Town Meeting given concerns with COVID and the number of people who head out of town at that time. Hillis-Dineen asked for follow up comments from the Planning Board. Freitas was not present. Taylor wondered whether any of the issues raised during the hearing create a need to postpone Town Meeting. Degen does not have concerns with approving the LCP. She understands the concerns raised by the public but believes there are processes in place through various boards and committees for additional review of the recommended action items. Michaels stated that in PB Minutes 10/12/22 Page 4 of 5 reviewing the LCP, he understands the concerns raised by the public regarding the boardwalk project and the Drummer Boy Park Master Plan. Hillis Dineen stated that the plan will go through various phases of development. Idman stated that references to the boardwalk project in the LCP are made in the existing conditions section and exist as fact as the Town has explored the Wing Island boardwalk project. Idman agreed with Minis that the heart of the LCP is in the action items. He noted that the VPC voted to remove reference to the Wing Island boardwalk project from the action items. The VPC also discussed the Drummer Boy Master Plan and did not see the boardwalk project as part of that plan. Idman appreciated the comments made by the public but noted that the Wing Island boardwalk project is not part of the action items in the LCP. Further, Idman stated that the fact that an item appears in the LCP action list does not mandate the Town to move forward with that item. Also, the fact that a project does not appear in the LCP action list does not mean the Town cannot move forward with that project. The purpose of the LCP is to give policy guidance to the Town to inform them in land use decisions over the next 10 plus years. Whitney requested additional comments from the Select Board. Bingham stated that she thought the Town had come a long way with engaging the public but listening to public comment during the hearing it appears the Town has a long way to go. She stated that although the Wing Island project is not an action item in the LCP, the Town needs to listen to the concerns raised and work on addressing them or the LCP may not pass at Town Meeting. Chaffee stated that there are a lot of action items in the LCP and everyone may not agree on all of them but that does not mean certain items should be deleted. There will be additional review and engagement on the action items as they are moved forward. Chaffee stated that this document is not a mandate, but a guide based on many years of work in the Town. In response to public comments made, Chaffee stated that she knows of no instance or complaints in which members of the public were treated negatively by Town government based on their political views or opinions. Chatelain appreciated the thoughtful public comment offered by the public. He is concerned because he understands that the LCP is a policy document, but the public appears to be confused as to the LCP’s purpose. Chatelain stated that additional work needs to be done by the Town to get accurate information out to the public on both the LCP and the Wing Island boardwalk project. Hoffmann thanked the public for their comments. She noted the extensive efforts the VPC had taken to engage the public throughout the LCP proves. Hoffmann stated that the LCP is a very important and comprehensive document and there will be additional opportunity for public input on action items. Lori Shockley stated that the LCP was a mandate for the Town and that it is an important document that is being rushed through a self-imposed deadline. Shockley stated that it is a comprehensive document and there has not been enough time given to the Town and the public to review it. She asked that the vote on the LCP be delayed allowing for more public discourse on the plan. Bebrin reiterated that the LCP is not a mandate but a guide to be used by the Town for the next several years. There will be additional public engagement on the action items listed in the LCP. Motion by Bebrin to Close the Public Hearing. Second by Michaels. Roll call vote: Michaels-aye; Wentworth-aye; Degen-aye; Taylor-aye; Bebrin-aye; Hillis-Dineen-aye; Chatelain-aye; Whitney-aye; Bingham-aye; Chaffee-aye; and Hoffmann-aye. Freitas was not present. Vote: 11-0-0. Hillis-Dineen asked for additional comments from members of the public bodies. Minis reminded people that the LCP was a first step that outlines directions and provides guidance but does not hold the Town to specific actions. As the Planning Board and Select Board move forward with the LCP details and specific actions, there will be additional public debate. Motion by Tennstedt to Recommend Adoption of the Draft Local Comprehensive Plan As Presented. Second by Wentworth. Minis asked for any discussion on the motion. Lombardi stated that the plan adopted tonight will be the plan voted on at Town Meeting. The vote at Town Meeting will be for or against the LCP. There will not be opportunity to amend elements of the plan at Town Meeting. Genser asked the VPC if they believed additional public comment was necessary before bringing the LCP to Town Meeting. Bebrin noted edits to the LCP made by the VPC including removing references to the Wing Island boardwalk project from the action items. She stated that she was unsure what further edits could be made regarding that specific issue. She recommended further public engagement and education on the LCP. Bebrin reminded everyone of the collective work that has gone on in the Town over several years to bring the LCP forward and supports recommending the adoption of the LCP and bringing it to Town Meeting. Tennstedt stated that it was important for the Town to educate the community about the LCP. Roll call vote: Tennstedt-aye; Bebrin-aye; Genser-aye; Hess-aye; Kenney-aye; Wentworth-aye; and Minis-aye. Schofield not present. Vote: 7-0-0. PB Minutes 10/12/22 Page 5 of 5 Motion by Hoffmann to Endorse the Draft Local Comprehensive Plan As Presented and Recommended by the Vision Planning Committee. Second by Bingham. Hoffmann reminded everyone that the action items are not mandated and are not regulations or bylaws and that there will be more public discussion on the action items moving forward. Hoffmann stated that there will also be further discussion on the Wing Island boardwalk project. Bingham reiterated that there will be further public engagement on the Wing Island project and that it is not a done deal. She stated that any references to the project in the LCP do not make it a done deal. Roll call vote: Chatelain-aye; Chaffee-aye; Bingham-aye; Hoffmann-aye; and Whitney-aye. Vote: 5-0-0. Degen asked how to move forward with corrections suggested by herself and Taylor. Idman stated that to the extent there are not substantive changes to the plan, errata sheets can be sent to the Planning Department noting scrivener’s errors. Idman stated that he reviewed page 26 as referenced by Taylor and does not believe any corrections are needed. He also stated that adding a definition section to the LCP at this time could be problematic. Motion by Degen to Endorse the Draft Local Comprehensive Plan As Presented. Second by Michaels. Roll call vote: Michaels-aye; Wentworth-aye; Bebrin-aye; Degen-aye; Taylor-aye; and Hillis-Dineen-aye. Freitas was not present. Vote: 6-0-0. Motion by Genser to Adjourn the Vision Planning Committee Meeting. Second by Tennstedt. Roll call vote: Tennstedt-aye; Bebrin-aye; Genser-aye; Hess-aye; Kenney-aye; Wentworth-aye; and Minis-aye. Vote: 7-0-0. VPC meeting adjourned at 8:39 pm. Motion by Hoffmann to Adjourn the Select Board Meeting. Second by Chatelain. Roll call vote: Chaffee-aye; Bingham-aye; Chatelain-aye; Hoffmann-aye; and Whitney-aye. Vote: 5-0-0. Select Board meeting adjourned at 8:39 pm. 8:40 PM PLANNING DISCUSSION Approval of Meeting Minutes: September 28, 2022. The Board reviewed the September 28, 2022 meeting minutes. Motion by Degen to Approve September 28, 2022 Meeting Minutes. Second by Michaels. Roll call vote: Michaels-aye; Wentworth-aye; Bebrin-aye; Degen-aye; Taylor-aye; and Hillis-Dineen-aye. Freitas was not present. Vote: 6-0-0. 8:41 PM COMMITTEE REPORTS Hillis-Dineen announced the Community Housing Forum taking place at the Brewster Ladies Library on October 27, 2022. 8:43 PM FOR YOUR INFORMATION St. Cyr announced the CPTC workshop on October 20, 2022 and reminded board members that registration fees were reimbursable. Motion by Bebrin to Adjourn. Second by Degen. Roll call vote: Michaels-aye; Wentworth-aye; Bebrin-aye; Taylor-aye; Degen-aye; and Hillis-Dineen-aye. Freitas was not present. Vote: 6-0-0. Meeting adjourned at 8:45 pm. Next Planning Board Meeting Date: 10/26/22 Respectfully submitted, __________________________________________ Lynn St. Cyr, Senior Department Assistant, Planning FOR YOUR INFORMATION RECEIVED Friends of Wing Island Mission Statement: OCT 1 1 20/' to protect and preserve the environmental integrity of Wing Island and its surroulndin marsh BREWER PLANNING BOARD through responsible stewardship of this coastal barrier island and its fragile 8PVP9tERRD OF APPEALS Who We Are ' Our Guiding Principles: The Friends of Wing Island is a grassroots group of citizens, which formed in August, 2022 in response to the Town of Brewster's Wing Island Boardwalk Project. We advocate for the protection of the island and its surrounding marshlands from such development, which would lead to overuse and therefore irreparable harm to the environment for this generation and all generations to come. As citizens of the Town of Brewster we honor our reputation as an environmentally conscious town that seeks to maintain a balance between development and preservation. We honor our engagement with the best practices of sound, scientifically supported, stewardship of this coastal resource through adherence to wetlands protection protocols within the guidelines of our strong conservation ethic. While we encourage improvements, especially those that include accessibility, we require that it be within the guidelines of this ethic. We believe the Wing Island Boardwalk Project does not meet that standard which is why we oppose it. We oppose the original design (introduced to the public August 15, '22) as outlined by the Town, Horsley Witten Engineers, and the Department of Natural Resources grant application to Mass Trails, for a two-part elevated boardwalk, 10' wide and approximately 13' high (1/1 ratio/inverted Y). We oppose the modified designs known as Concept 1, primarily the original design with size reduction considerations, and Concept 2, a single elevated boardwalk without the DBP connector and with size reduction considerations, introduced September 26, '22. We propose and support an alternative design option, "Concept 3," which we believe does meet that standard. "Concept 3" is a marsh level boardwalk, similar in design to that at Mass Audubon's Wellfleet Bay Sanctuary or Fort Hill's Maple Swamp Trail, from the Cape Cod Museum of Natural History to Wing Island with a separate viewing platform off Drummer Boy Park. This concept allows for improvements to the present boardwalk while improving access for the disabled community there and at ADA accessible trails and an observation deck located off Drummer Boy Park while protecting the fragile ecosystem and its scenic vistas. "Concept 3" is a minimal impact alternative for the wetlands and island with improvements that will still benefit the community. We are compiling data that will strongly support our alternative design option. We request that it be added as a design option for consideration by the public and Select Board. While we advocate for the responsible stewardship of Wing Island we are fully aware of the many demands on the Town across a wide spectrum of issues that require foresight, planning, and strong leadership. Our elected officials are responsible to the community to maintain balance in all their initiatives while meeting the challenges it faces at this current time, not only those between preservation and recreation, while furthering its goals and vision and respecting the wishes of its constituents. The town's commitment to protecting open space has been demonstrated over many decades, as has the commitment for conservation and education shared by the Brewster Conservation Trust and the Cape Cod Museum of Natural History. However, most responsible stewardship today seeks to restore wetlands from the adverse impacts of structures built by earlier generations, which came before the passage of the Wetlands Protection Act, the creation of the Environmental Protection Agency, etc., yet the Town of Brewster seeks to build a new, high -risk structure across a sensitive salt marsh ecosystem subject to the most damaging effects of storm events. The challenge we face together today on the Wing Island Boardwalk Project is not inconsequential for the citizens of Brewster, or the Cape wide community. We are partners in addressing these challenges, not adversaries. As a final note, although the term "bathing beach" was indicated as a use for the Wing Island property in its purchase by the Town, that was sixty one years ago. Things and times and topography have changed including our understanding of environmentally sensitive habitats. The resident and visitor population has increased exponentially since that time and it is no longer a necessary or appropriate use given that there are numerous other bathing beaches in the Town of Brewster. The recent purchase of the old Sea Camps property, in the fall of 2021, with its extensive beachfront, still an underused resource, is a case in point. We believe Wing Island should be designated as a protected natural reserve, as John Hay proposed in his letter to the Select Board, dated August, 1961, with a conservation restriction, rather than promoted as a public beach and tourist destination. Each area, including Drummer Boy Park, has its own character and serves the needs of our diverse population in its own singular way. Our goal is to continue to raise awareness of the magnitude of this project, to offer an alternative solution, and to work with the Town on accomplishing our goals together. We advocate for improving access to the Wing Island ecological complex of island, marsh, dune, and beach while protecting it through: carefully balancing education, recreation, and conservation; minimizing overuse which may cause significant damage to Wing Island's physical and biological habitats; maintaining the beauty and legacy of the open vista of this Mass Heritage landscape; and providing opportunities for persons who are mobility challenged to enjoy this beautiful wildlife habitat, which is our shared local treasure. The Friends of Wing Island call for the inclusion of "Concept 3" as a design alternative. We further call for the "Phased Public Outreach" stipulated in the Mass Trails Grant of 2021 for the Town's partnership with the citizens of the Town of Brewster on the design of the Wing Island Boardwalk. More information is available on our website: savewingisland.com How Responsible Stewardship Is Done. Nfuss IA icdubon's Welifleet Bray Nti.ilife Sanctuary The Friends of Wing Island's working model for an alternative design known as CONCEPT 3: a single, marsh level, ADA accessible boardwalk to Wing Island, with a separate observation deck built off Drummer Boy Park. Something we can support ©savewingisland.com • Accessibility • Eco-tourism Hikes & Views • Destination Boardwalk • Preserving Heritage Vista of Landmark Property • Protecting Fragile Ecosystem • Cost Effective & Low Maintenance • Passive Recreation • Mitigating Environmental Impact Tides Limit Access to Overuse • Respecting Wildlife Habitats • Educational Resource v. "Underused" Resource • Climate Change Preparedness • "Up Close" Walking Experience • No Public Beach Lynn St. Cyr From: Len Egert <lenegert@gmail.com> Sent: Wednesday, October 12, 2022 6:29 PM To: brewplan Cc: amy@brewsterconservationtrust.org; Lori Shockley; Len Egert Subject: Public Comment - Brewster Local Comprehensive Plan Attachments: LCP Boardwalk Project opposition Itr 10-12-22.pdf To Whom It May Concern: Please see attached comment re LCP plan as it pertains to the Wing Island Boardwalk project. Please accept this as my public comment on the matter. Sincerely, Len Egert, Esq. lenegert@gmail.com Brewster, MA https://www.savewingisland.com/ 1 October 12, 2022 Re: Proposed Wing Island Boardwalk Project Dear Select Board and Planning Board of the Town of Brewster, MA My wife and I are residents of Brewster, MA, I am an attorney and coordinating with Friends of Wing Island to review and examine the proposed Wing Island Boardwalk project. This project, in its current form, is fundamentally flawed in that it fails to account for negative environmental impacts. The plans require construction at the floor of the marsh. As discussed below, this activity will negatively affect an already fragile ecosystem in one of the most environmentally sensitive areas on the Cape. It will also permanently alter the landscape of this historically protected area (Identified as a Priority Landscape as part of Old King's Highway Historic District; https://www.mass.gov/doc/brewster/download (see appendix). Moreover, the project will result in a substantial increase in pedestrian traffic on Wing Island, turning the island into a recreation area and a throughway to a beach, leading to an increase in litter and debris that will ultimately pollute the bay and marsh areas. We see this consistently during the summer months on public beaches in Brewster when the numbers of people increase. The increased traffic will also potentially threaten the habitat of endangered and protected species that make the island their home. Given the legal and environmental concerns summarized below, Wing Island and its surrounding areas are more suited to be maintained as a nature preserve -- not transformed into an overused recreational area. Further, the proposed additional 50 -car parking lot at the Drummer Boy will turn a town park -- currently valued by residents for its fairs, concerts, walks, and farmer markets -- into a beach parking lot, taking away valuable parking for those park functions, and encouraging heavy beach foot traffic through a fragile ecosystem. Our town has recently spent $21 million for 121 acres that include bay beach and pond front property; it seems worth exploring how resources directed at these boardwalks' building, maintenance, and rebuilding after storm damage, might instead be directed at beach access and walking trails at the newly acquired Sea Camp properties. The Town seemingly ignores the major environmental concerns in in its application for a grant, stating: "Based upon our understanding of the project, it does not appear that mandatory review through an Environmental Impact Report (EIR) would be required." (emphasis added). The Town's position is incorrect and shows a lack of appreciation about the severe negative environmental impact this project will have. MEPA regulations clearly apply to projects "that exceed MEPA review thresholds and that require ... State agency action, specifically, projects that are ... are proposed by a municipal, nonprofit, or private party and require a permit, financial assistance, or a land transfer from State agencies." This proposed project will most certainly require the permitting and financial assistance to meet these thresholds and trigger MEPA requirements including an Environmental Impact Report. Indeed, this project is precisely the type that MEPA was intended to cover. There are a myriad species of bird, flora and fauna in the marsh, Bay and on Wing Island itself (protected species include Piping Plover, New England Blazing star, and Diamond -backed Terrapin among others). Construction within the marsh as well as the subsequent increase in foot traffic on or near Wing Island will negatively impact these species. Additionally, tidal salt marshes, "provide important ecological services, habitat, disturbance regulation, water quality improvement, and biodiversity, as well as accumulation and sequestration of carbon dioxide (CO2) in vegetation and soil organic matter. Different management practices may alter their capacity to provide these ecosystem services." Carbon Sequestration in Tidal Salt Marshes of the Northeast United States; https://pubmed.ncbi.nlm.nih.gov/26108413/. It is imperative that the Town not alter the marsh in a way that will inhibit these vital ecosystem benefits. Thus, a complete and comprehensive environmental impact report will be required before the project can be properly assessed. In addition to State regulations, the Town may also need to comply with multiple federal statutes including: National Environmental Protection Act (NEPA), Endangered Species Act (ESA); National Historic Preservation Act; and Migratory Bird Treaty Act. Moreover, since part of the project may be built in the Marsh area at water level, it may require permitting/authorization from the U.S. Army Corps of Engineers (under the Clean Water Act, the Rivers & Harbors Act, or both). We received input from an expert in marsh ecology, Mark D. Bertness, Ph.D., (Professor of Biology, Department of Ecology and Evolutionary Biology, Brown University) who believes that increased access will damage the marsh ecology and biodiversity. The support structures or screws will passively trap and accumulate wrack, floating plant debris, that will kill marsh vegetation. Professor Bertness would favor a less intrusive approach. These concerns are supported by additional scientific studies: "Piles supporting these structures directly displace marsh vegetation while shading from the walkway and support structures reduce vegetation density and biomass. Shading from walkways over salt marsh can also alter underlying community composition and stem height. These impacts to marsh production can reduce salt marsh ecosystem services since vegetation type and density directly influence the functioning of such services" (internal citations omitted; An Experimental Evaluation of Dock Shading Impacts on Salt Marsh Vegetation in a New England Estuary, John M. Loganl & Steve Vossl & Amanda Davisl & Kathryn H. Ford.https://www.savewingisland.com/uploads/3/7/0/9/3709486/wetlands structural shading resear c h.pdf We should carefully heed these important environmental warnings before considering moving forward on any version of this project. Given the environmental and legal implications, The Wing Island Boardwalk Project should be removed and considered separately from the Local Comprehensive Plan (LCP). Alternatively, the LCP Draft Action Plan should not be approved until further studies are done on the potential negative effects of the Wing Island Boardwalk Project. Sincerely, Len Egert, Esq. lenegert@gmail.com Brewster, MA https://www.savewingisland.com/ 2023 Planning Board Schedule Filing Deadline Hearing Date*Advertisement Dates November 30 January 11 December 23, 30 December 14 January 25 January 6, 13 December 28 February 8 January 20, 27 January 11 February 22 February 3, 10 January 25 March 8 February 17, 24 February 8 March 22 March 3, 10 March 1 April 12 March 24, 31 March 15 April 26 April 7, 14 March 29 May 10 April 21, 28 April 12 May 24 May 5, 12 May 3 June 14 May 26, June 2 May 17 June 28 June 9, 16 May 31 July 12 June 23, 30 June 14 July 26 July 7, 14 June 28 August 9 July 21, 28 July 12 August 23 August 4, 11 August 2 September 13 August 25, September 1 August 16 September 27 September 8, 15 August 30 October 11 September 22, 29 September 13 October 25 October 6, 13 September 27 November 8 October 20, 27 November 1 December 13 November 24, December 1 *Planning Board meets on the 2nd and 4th Wednesdays of each month unless noted due to Town Meeting or a Holiday.