HomeMy Public PortalAboutPlanning Board -- 2022-10-26 MinutesOIR=YV
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Brewster Planning Board
2198 Main Street
1 = Brewster, MA 02631-1898
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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