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Home My Public Portal AboutPlanning Board -- 2003-02-04 Minutes III vzv�%tt1111111sirriiiiii�ii Brewster Planning Board O . =r D= BREWSTER BICENTENNIAL p . cn= 2198 Main Street r '� = _� •� Brewster, Massachusetts 02631-1898 19M C %•�/r F e Pa R5 0 ��\��` (508) 896-3701 O Jrrrrr�/r��1tj IllllIAlllt�U��p TOWN OF BREWSTER MINUTES OF PLANNING BOARD Tuesday, February 4`h, 2003 7:00 P.M. Brewster Town Office Building 1. Present: Chairman Taylor convened the Planning Board meeting at 7:OOPM in the Brewster Town Office Building with members Henchy, Pierce, Bugle and Remy present. 2. LEGAL HEARING — SPECIAL PERMIT # SP2003-01- DIRT ROAD ACCESS BY-LAW — KLIMSHUK—single-family dwelling to be located off Clay Hole Road on assessors' Map 44 Lot 34.Present: Atty. D. Landreth, David Lyttle, and Mr. Klimshuk. Abutter's were present. 3. Chairman Taylor opened the hearing by reading the legal advertisement and making the applicant and parties in interest aware of their rights to appeal. She asked the applicant to make the presentation. 4. Lyttle—On June 18, 2002, Mr. Klimshuk appeared before the Board and inquired about a piece of property off Clay Hole Road. Mr. Thyng had said that lot #34-2 was a buildable lot with frontage on a way that was approved by the Planning Board. Mr. Klimshuk had been speaking with the owner of lot#34, which is behind lot 34-2 for the purchase of this lot also. Mr. Klimshuk would like to build his home on lot #34, but lot#34 does not have any frontage to Clay Hole Road. His options are getting an easement over lot #34-2 or buying both pieces of property and re-subdividing to provide a paper road and have frontage. 5. Lyttle — at that time Mr. Eldredge advised "in order to make lot #34 buildable you will need to have legal rights to use the road. Mr. Thyng has told you that lot#34-2 is buildable as it is and that is his call to make. Subdividing will be up to the Planning Board. The ways that are created and existing ways will need to be reviewed for adequacy. The Fire Department, Police Department and DPW will need to approve this also." According to the applicant, the Planning Board suggested that a Special Permit under the Dirt Road Access bylaw for Lot 34 was preferable to a subdivision. 6. Lyttle—at this time Mr. Klimshuk has obtained all the legal rights over Eli Rogers Road to Clay Hole Road. The Application before you is to build a single family home on lot 34. Lot 34-2 will be burdened by an easement to Lot 34 from Clay Hole Road. Lot 34-2 may be sold so the applicant can recoup some of the costs. 7. Prior to the hearing the Planning Board requested written reports from the Department of Public Works, the Police and Fire Chiefs, Board of Health, Water Department, Zoning Agent/Inspector of Buildings and the Conservation Commission and these reports were on file at the time of the hearing. The Chairman read the Departmental Comments 1 of 3, Minutes of 2-4-2003 B.O.H.- 1/21/03—NO COMMENTS FROM THE BOARD OF HEALTH. D.P.W.- PUBLIC WORKS HAS NO CONCERNS IN THIS MATTER. BUILDING - THE LOT SHOWN ON MAP 44 AS LOT 34 DOES NOT POSSESS FRONTAGE ON A "STREET". IT CONTAINS MORE THAN 5 ACRES WHICH IS THE MINIMUM TO QUALIFY FOR THE PROVISIONS OF THIS EXEMPTION. THE LAND COURT PLAN, 38916A DATED FEBRUARY 14, 1975 AND FILED WITH LAND COURT DATED JULY 21, 1975, DOES NOT SHOW ACCESS TO THIS LOT OTHER THAN BY WAY OF CLIFF POND ROAD. THIS SECTION OF CLIFF POND ROAD WAS CUT OFF TO THE SOUTH WEST BY THE CONSTRUCTION AND LAY-OUT OF THE MID CAPE HIGHWAY (ROUTE 6). THE ACCESS FROM THE NORTHEAST IS THROUGH THE ORLEANS WATERSHED WHICH, I BELIEVE, IS GATED AND VERY RESTRICTED. THE APPLICANT IS PROPOSING A RIGHT OF WAY EASEMENT TO PROVIDE ACCESS IS BEYOND THE LOT THROUGH A LOT THAT DOES HAVE FRONTAGE ON ELI ROGERS ROAD. HOWEVER, THIS ACCESS IS BEYOND THE LAY OUT OF ELI ROGERS ROAD AND OFF THE EASTERLY END OF CLAY HOLE ROAD. I QUESTION WHETHER OR NOT THE APPLICANT HAS RIGHTS TO CLAYHOLE ROAD, EVEN IF HIS LOT ABUTS THE UNDEFINED WAY. IT SEEMS TO THAT THE EASEMENT SHOULD COME OFF ELI ROGERS ROAD IF THE PLANNING BOARD DEEMS LOT 34 TO BE A BUILDABLE LOT. I HAVE PROBLEMS WITH THE PROPOSAL SUBMITTED. POLICE - I HAVE REVIEWED THE PROPOSED SPECIAL PERMIT REQUEST. I HAVE SOME CONCERN THAT THIS PROPOSAL COULD CREATE PROBLEMS FOR PUBLIC SAFETY ACCESS IN THE EVENT THAT THE PROPOSED EASEMENT IS NOT ADEQUATE FOR EMERGENCY ACCESS. THIS ACCESS EASEMENT OFF OF CLAY HOLE ROAD IS RELATIVELY SHORT BUT I AM CONCERNED THAT THIS WILL ESTABLISH SOME TYPE OF PRECEDENT TO PERMIT ACCESS TO OTHER LOTS THAT DON'T HAVE FRONTAGE. IT HAS BEEN MY UNDERSTANDING THAT LOTS MUST HAVE A MINIMUM OF FIVE ACRES AND FRONT ON A DIRT ROAD. I WONDER IF AN EASEMENT SHOULD BE CONSIDERED FRONTAGE. THIS COULD CREATE MANY BUILD ABLE LOTS STRUNG TOGETHER WITH CONTINUOUS EASEMENTS ON CONTINUOUS PARCELS THAT PROBABLY WON'T BE ANY GREATER THAN A DIRT DRIVE WAY. FIRE- 1) ROADWAYS MUST COMPLY WITH ACCESS STANDARDS. 2) TURN AROUND WILL BE REQUIRED ON LOT 34. 3) TURN ON TO ACCESS MUST ALLOW+45' TURNING RADIUS FOR LARGE VEHICLES. 4) MUST COME TO FIRE DEPARTMENT FOR FINAL ACCESS REVIEW. 5) FIRE DEPT. REVIEW OF PLANS REQUIRED. 8. Abutters commented some for and some against; the opinions that were against the project felt that Eli Rogers Road could not handle anymore traffic. 9. Mr. Henchy was concerned regarding the access and asked the applicant to get written approval from the Fire Dept. regarding access to the property. Mr. Henchy also asked that the existing old dirt road be surveyed showing that it does access lot 34. The fly over plan that he saw did not show that the road was on the property,but on the property abutting lot 34-2 to the west. 2 of 3, Minutes of 2-4-2003 10. Motion by Henchy, Pierce second, "meeting continued until 7:30PM February 19, 2003 at which time a response from the Fire Department and a Surveyed Plan would be presented."All voted in favor. 11. Discussion with Atty. Myer Singer regarding proposed Zoning Articles (Attached Exhibit A). 12. Singer—Mr. Karlson has presented these changes to the Board for consideration. These changes would allow row commercial to be an unattached building instead of the current bylaw that states that these must be attached. It will allow a community type feel to the commercial property. Also a suggested change in the bylaw to allow the planning board to relax the Parking and Loading standards under ten spaces by Special Permit instead of a Variance. 13. The Planning Board will further discuss these suggestions, for consideration at another time. 14. CONTINUANCE OF LEGAL HEARING — SPECIAL PERMIT #SP2002-20 CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW — BRANDT, PETER — Located off Underpass Road, on Assessors' Map 27,Lot 20-5—construct a 40 x 100 metal building for a Showroom, office and storage. Present: Tim Brady. 15. Brady submitted final plans of the site and building to the Board and a narrative regarding the use. The parking area will consist of gravel and will have 9 spaces, 3 at the West End to display vehicles for retail sale, 6 in front of the new showroom for employee, visitor, customer parking. 16. The lower level of the building will be used for storage of up to 30 vehicles. The upper level will have a 1,000 square foot office/showroom and display 5 vehicles for retail sale. 1,000 square feet will be used for storage of 6 vehicles for export, wholesale or storage of equipment and parts. 2,000 square feet, at the East End of the building, will be used for 12 vehicles for export or wholesale—possible minor repair area. 17. The Board reviewed all submitted material and voted 4 to 1 (Taylor) in favor of drafting a Special Permit with conditions for review. The area for which the Special Permit is sought is under a Conservation Commission enforcement order to be cleaned up. This applicant is also in front of the Board of Selectmen, for License violations. It was felt by a majority of the Board members that this new building would be a start to cleaning up the area that is owned by the applicant. The draft will be discussed at the February 25, 2003 meeting at 7:45PM. 18. Meeting Adjourned. Sincerely Marjorie Pierce Clerk 3 of 3, Minutes of 2-4-2003