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HomeMy Public PortalAboutPlanning Board -- 2022-10-26 MinutesOIR=YV 0 Den 0 �� O Brewster Planning Board 2198 Main Street 1 = Brewster, MA 02631-1898 y (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, October 26, 2022 at 6:30 pm Brewster Town Office Building (virtual) Approved: 12/14/22 Vote: 6-0-0 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, Rob Michaels, Elizabeth Taylor, and Alex Wentworth, Tony Freitas was not present. Also participating remotely: Jon Idman, Town Planner and Lynn St. Cyr, Senior Department Assistant. 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). Hillis -Dineen declared that a quorum of the Planning Board was present. 6:33 PM CITIZEN'S FORUM No citizen comments. 6:34 PM PUBLIC MEETING 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 §81 L and §81 P and §2904 of the Brewster Subdivision Rules and Regulations. Documents: • 10/19/22 Memorandum from Jon Idman, Town Planner • 10/19/22 Approval Not Required Application and Plan Marian Rose, Law Office of Singer &Singer, LLC participated on behalf of the Applicants. Also present were Applicants Carol Austin and Nancy Garran. Idman stated that the request for endorsement is warranted because there is no new creation of roads and no new divisions. Idman further stated that lots can be created by deed or plan and the Applicant is creating a plan to describe the lot going forward. In addition, Partridge Circle has provided access to this property and other built properties for decades. Rose presented the application to the Planning Board and stated that this parcel includes three cottages and has frontage on Partridge Circle. Rose stated that the purpose of the ANR application and plan is to show the property boundaries of the parcel as they currently exist. Rose further stated that John O'Reilly has met with the Fire Chief at the property and has incorporated the Chiefs suggestions into the plan. Specifically, the road width has been increased to 14' with a passing height of 12' to allow for emergency vehicle clearance. The road is recognized as a roadway by the Town and the Town plows the road. The road provides access for public safety, utilities, and frontage. Rose asked that the Planning Board make a determination that there is safe and adequate access over Partridge Circle for vehicles and utilities to service the property and to endorse the ANR plan. PB Minutes 10/26/22 Page 1 of 4 Michaels stated that he visited the site and the road is in rough shape. He asked what minor improvements were done to the road. He also asked if there was correspondence between John O'Reilly and the Fire Chief regarding the determination that the road was safe and adequate for access. Rose responded that the minor improvements included trimming of trees and grading. She further stated that the Fire Chief is aware of the condition of the road and determined it was passable. Idman stated that a critical analyses in working with public safety is vertical and horizontal clearance. The work done was trimming both vertically to create 14' clearance in height and clearing horizontally to insure 14' clearance horizontally. Idman stated that there is a balance that the Planning Board can recognize between the character of an area and the pass ability and acceptability of a road. This road has served as access for the three cottages dating back to the 1950s. Idman stated that the critical analysis is not whether the road is up to subdivision control standards but whether it is passable and provides vehicular access, public safety access, and the ability to bring public utilities onto the property. He stated that he believes the road meets the necessary criteria. Bebrin stated that she drove down the road and noticed that part of the road is in bad shape, but it appeared to be the section of road after the subject properties. She was able to easily drive down the road and turnaround. Degen asked whether correspondence from the Fire Department regarding the pass ability of the road exists and suggested that would be good information to have on file. Idman responded that communications between the Fire Chief and Applicant's representative were largely verbal so there is no written communication. Idman further stated that an ANR endorsement is supposed to be relatively black and white and ministerial in that it is either a subdivision or not a subdivision. There is an added wrinkle under the zoning bylaw that a street has to provide safe and adequate access to a site so the Applicant is asking for that determination. The Planning Board should be making that determination based on their own knowledge and experience with the road and site. Correspondence from the Fire Department may be helpful, but it is this board's own experience and determination which should bear on the requested endorsement. Rose confirmed that she does not have any written communication from the Fire Chief regarding the pass ability of the road. She further stated that John O'Reilly has had multiple communications with the Chief and that the Applicants improved sections of the road which they control. Degen again requested correspondence from the Fire Chief stating that the road was passable. Idman responded that he would seek the requested written communication from the Fire Chief, but the Planning Board did not have the ability to continue the application to wait for such an endorsement. The Planning Board must act on an ANR application within 21 days or constructive approval occurs. Motion by Bebrin to Endorse Approval Not Required Case No. 2022-Oti. Second by Taylor. Roll call vote: Wentworth -yes; Michaels -yes; Bebrin-yes; Taylor -yes; Degen-yes; and Hillis -Dineen -yes. Vote: 6-0-0. 6:53 PM PUBLIC MEETING CONTINUED 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 §81 L and §81 P and §2904 of the Brewster Subdivision Rules and Regulations. Documents. • 10/19/22 Memorandum from Jon Idman, Town Planner • 10/19/22 Approval Not Required Application and Plan Marian Rose, Law Office of Singer &Singer, LLC part icipated on behalf of the Applicants. Also present were Applicants Carol Austin and Nancy Garran. Rose stated that this parcel is vacant and has existing frontage along Partridge Circle. As with the parcel discussed in the previous ANR application, Chief Moran has visited the site with John O'Reilly and determined that there is safe and adequate access for utilities and emergency vehicles. Rose asked that the Planning Board make a determination that there is safe and adequate access over Partridge Circle for vehicles and utilities to service the property and to endorse the ANR plan. Degen requested correspondence from the Fire Chief regarding the pass ability of the road. Motion by Degen to Endorse Approval Not Required Case No. 2022-07. Second by Taylor. Roll call vote: Wentworth -yes; Bebrin-yes; Taylor -yes; Degen -yes; Michaels -yes; and Hillis -Dineen -yes. Vote: 6-0-0. 6:57 PM PUBLIC MEETING CONTINUED 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 PB Minutes 10/26/22 Page 2 of 4 77, Parcel 9 within the Commercial High Density Zoning District. §290-4 of the Brewster Subdivision Rules and Regulations. Documents: 10/20/22 Memorandum from Jon Idman, Town Planner • 10/20/22 Approval Not Required Application and Plan The plan is pursuant to MGL c. 41 §81 L and §81 P and Paul Wallace participated remotely on behalf of the owners/applicants The Free Sea Turtle LLC and 162 Underpass LLC. Wallace summarized the ANR application for the Planning Board noting that the current lot is proposed to be divided into 5 separate lots. Lots 1 and 2 are proposed as buildable with adequate frontage, area, and access onto Underpass Road. Lots 3, 4, and 5 are proposed as non -buildable. Lot 5 consists almost entirely of wetlands. Lots 3 and 4 have no access or frontage. Taylor asked why Lot 4 was separated out and Wallace responded that it is possible that Lot 4 may be purchased by a neighboring property in the future. Taylor also asked what plans Wallace had for Lots 3 and 5. Wallace responded that it is possible that Lot 5 will be offered to Brewster Conservation Trust for purchase. Lot 3 will be retained by the owners. Bebrin stated that she drove by the site and it looks to be a straightforward application with the lots having adequate frontage and area. Motion by Michaels to Endorse Approval Not Required Case No. 2022-08. Second by Bebrin. Roll call vote: Degen-yes; Michaels -yes; Taylor -yes; Bebrin-yes; Wentworth -yes; and Hillis -Dineen -yes. Vote: 6-0-0. 7:02 PM PLANNING DISCUSSION Approval of Meeting Minutes: October 12, 2022. The Board reviewed the October 12, 2022 meeting minutes. Motion Minutes, as amended. Second by Bebrin. Roll call vote: Wentworth -yes; and Hillis -Dineen -yes. Vote: 6-0-0. by Degen to Approve October 12, 2022 Meeting Taylor -yes; Degen-yes; Bebrin-yes; Michaels -yes; 7:07 PM COMMITTEE REPORTS Bebrin stated that the Vision Planning Committee is working on preparation for Town Meeting and will focus on helping residents understand the Local Comprehensive Plan. Bebrin also stated that the Bay Parcel Planning Committee is preparing for Town Meeting. There are several articles related to the property on the warrant including funding for the pool, long-term planning, and interim uses. A soccer jamboree was recently held at the bay property and it was well attended. Degen summarized two recent Select Board meetings where the Select Board discussed the Long Pond parcel project VV ith MA Audubon, hunting in the Punkhorn Parklands, the increase in bids for the school project which will require a vote by residents, the covid/flu vaccine clinic, a public meeting on November 3, 2022 regarding Eversource's intended use of herbicides in Brewster, discussion on an additional public meeting regarding the Wing Island project, and the status of the grant for library renovations. Michaels stated that he is the Planning Board's representative on the Water Quality Review Committee and there have been no recent meetings. Taylor stated that the Open Space Committee has an article on the Town Meeting warrant for a conservation restriction on a parcel abutting Nickerson State Park, The Community Preservation Committee has revised the bylaw amendment being taken to Town Meeting to add target allocations of 30% for open space, 30% for housing, and 10% for other areas. Taylor also stated that the Long Pond Parcel Planning Committee is working on a video to be shared with the public to introduce them to the parcel. There is very little parking available currently, so events are not taking place on this parcel. Taylor further stated that the committee is working on a tabletop explanatory presentation to take around to various groups explaining what the parcel is like, what the amenities are and the flora and fauna of the parcel. Hillis -Dineen stated that the Affordable Housing Trust is having a housing forum on Thursday, October 27'h at the Brewster Ladies Library. The forum will help participants understand what is available through the town including the buy down program, housing rehab, and childcare programs. It will also include an update on the Housing Production Plan which was approved by the state. PB Minutes 10/26/22 Page 3 of 4 7:21 PM FOR YOUR INFORMATION The Planning Board received copies of correspondence from the Friends of Wing Island and Len Egert, A 2023 schedule of Planning Board meetings was also provided. Michaels stated that he participated in a Citizen Planner Training Collaborative workshop and found it very helpful. Idman announced that a dedicated Local Comprehensive Plan page has been added to the Town's website and can be found on the homepage. Idman commended Hillis -Dineen on her excellent job chairing the joint meeting with the Select Board and Vision Planning Committee. Motion by Bebrin to Adjourn. Second by Michaels. Roll call vote: Taylor -yes; Wentworth -yes; Degen-yes; Michaels -yes; Bebrin-yes; and Hillis -Dineen -yes. Vote: 6-0-0. Meeting adjourned at 7:27 pm. Next Planning Board Meeting Date: 11/09/22 Respectfully submitted, Lynn St. r�ir, Senior Department Assistant, Planning PB Minutes 10/26/22 Page 4 of 4