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Home My Public Portal AboutPlanning Board -- 2003-07-15 Minutes \�\\ �:.p\\0\\\\\\Uutltt I 11 I I rullJr�iUiii/ii ,\ 6R@{E.DE,wST��iii�% 0~0 ` OR 6 t,c� � ` _ Brewster Planning Board O r O . �F, 2198 Main Street BREWSTER BICENTENNIAL Brewster, Massachusetts 02631-1898 N (508) 896-3701 e111f1Alllllllllllt�ll\\\\\� \\ FAX(508) 896-8089 W TOWN OF BREWSTER MINUTES OF PLANNING BOARD Tuesday, July 15, 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, McMullen, Bob Bugle, Linda Bugle and Remy present. 2. LEGAL HEARING - SPECIAL PERMIT # SP2003-07- DIRT ROAD ACCESS BY-LAW — NICKERSON — single-family dwelling and Barn to be located off Clay Hole Road on assessors' Map 45 Lot 79. Present: Atty. Myer Singer,Mr.Nickerson,Mrs.Nickerson and about 30 abutters 3. Singer - the applicant(Nickerson) would like to build a single-family dwelling and barn to be located off a dirt road. Lot 79 consists of more than 5 acres (13.+/-), The reports from the Town departments are favorable, with comments from the Fire Department regarding the width of the driveway which will be increased to 14 instead of the 12feet shown. The applicant knows that there are issues with the neighbors regarding the use of Eli Rodgers Road, this is not a planning board issue. The applicant has filed that she does have the right and states so in the covenant should this be untrue then the permit would be invalid and will cancel the Special Permit. 4. Henchy—section 179-26 D (1-C) of the bylaw- reads "C" "If the Planning Board determines that access to the lot is reasonably guaranteed, that access is suitable for the needs of vehicular traffic likely to be generated by the proposed residential use and that access is adequate for the installation of all Town or Municipal services likely to be needed for the reasonable use of the lot". "Reasonably guaranteed," Klimshuk previously was granted easement, why not this applicant. Right of access is the issue. 5. Singer- Nickerson family has accessed through Eli Roger Road. The only guarantee is the covenant, which is offered to the board. Neighbors have the right to go to court and challenge the rights of access 6. Chairman reads letters from neighbors of the proposal and reads department comments. 7. Bugle- clearly we have to be reasonably assured of the access issues Remy and L. Bugle agreed. 8. Neighbors spoke for and against the project. Minutes of 7/15/2003, Page 1 of 4 9. Atty. Farber—represents the title issues for the Nickerson's and shows a 1937 map from Orleans that shows the road exists. Municipality board should not get into a court decision and defer to Town Counsel for opinion on access and the rights to pass and repass. 10. Pierce -Allow the house to be built and rights of access issues to be taken up as civil issues. 11. The Board agreed it and Henchy made the motion "to seek town counsel opinion regarding the bylaw and Boards preview."Pierce second, all voted in favor. 12. PRELIMINARY SUBDIVISION PLAN # PRE2003-10—MATTHEWS—Located off Ruddy Duck Road on Assessors' Map 45,Lots 41 & 58-1 (sub. lot#5). At the last meeting legal opinion had been sought and had not been received yet. Atty. Farber asked for a continuance. On a motion by Pierce, Henchy second, continues until August 5, at 7:30PM. 13. APPROVAL NOT REQUIRED—McGANN—Located off Blueberry Pond Drive on Assessors' Map 27,Lots 47 & 80. Canceled 14. APPROVAL NOT REQUIRED— Klimshuck—off Clay Hole Road on Assessors' Map 44, Lot 34- 2. 15. Mr. David Little represent Mr. Klimshuck regarding this ANR request. There are no buildable lots being created, this shows the easement that Klimshuk had given himself to access his 7 acres as a lot 2 and no longer being given an easement, with lot 3 being conveyed to a neighbor. 16. Motion by Henchy, Pierce second"endorse the plan as presented."All voted in favor. 17. CONTINUATION OF A LEGAL HEARING — SPECIAL PERMIT #SP2003-08 CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW — PUTTER-A-ROUND, INC. - Located at 81 Underpass Road, on Assessors' Map 27, Lot 15-1 — construct a Mini Golf Course. Present Tim Brady. 18. Brady — request to continue pending approval from Conservation Commission. Motion by Pierce, Henchy second, "continue until August 19, at 7:OOPM. All voted in favor with Remy abstaining. 19. CONTINUANCE LEGAL HEARING—SPECIAL PERMIT#SP2002-19 —CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW—RABIN,ROBERT & PATRICIA—Located at 2421 Main Street, on Assessors' Map 15, Lot 74 & 75— Relocate take-out pastry & Specialty food operation to its own free standing location. Present- Chillingsworth—Tim Brady and Mrs. Rabin about 30 neighbor/friends. 20. Mr. Brady—presented the Board with a plan that showed a 1988 ANR approval having just been recorded so now the lot for the proposal now is one lot and not two. In addition, a new site plan with a last revised date of July 11, 2003 showing the new lot configuration. 21. Brady—last time we were here we looked at your draft decision, my comments at that time were regarding time of opening and other things. The particulars of the draft we are not going to argue. Traffic being the important issue in this decision and I have presented facts and my professional opinion that traffic is not a concern. The Police Department, both at the Development Plan Review Committee Minutes of 7/15/2003, Page 2 of 4 and in a letter to this Board, stated that traffic is not a concern. The Fire Dept. has made the same indications that traffic is not a concern. Nobody has presented evidence that traffic is a concern. 22. Mrs. Rabin presented the Board with a petition of signatures supporting their project. Rabin—even an approval with the stipulation that it be reviewed again in the fall would help to get this project started 23. The Chairman asked for comments from the Board members: 24. McMullen-traffic in the past not a problem, there are other areas in Brewster that have traffic congestion and manage to function, I believe that we would be out of step to deny this permit. We could revisit the issue in the Special Permit should traffic issues arise. 25. Henchy—The applicant has taken out the seating and tables. This is now a retail situation, and it is not the within the purview of this Board to deny access to a property or use and degrade the value. We have the right to readdress the issues that may arise through the Special Permit. 26. Pierce - agrees with Henchy. 27. Taylor—I am not comfortable with the application. We had requested a Traffic Impact Study and none was done. The applicant removed the seating but I could not vote positively for this application until a Traffic Impact Study is done and reviewed by this Board and the Cape Cod Commission regarding the proposed use. I understand what The Police Dept have said,but this is a very dangerous intersection, one of two of the most dangerous we have in town. We have repeatedly asked for all parking to be at Chillingsworth's. We are not precluding the use of the property. I cannot vote for this. 28. Bugle— I am still worried about the intersection and agree with Taylor regarding the need for a Traffic Impact Study. 29. Taylor—at this point do we want a vote or would we like to work on this. 30. Mrs. Rabin indicated that no traffic study would be done and no continuance was needed. 31. Abutters, Neighbors and friends spoke in favor of the petition Rabins. 32. Rabin—I hope see your way clear to approve, if there is an issue we will take care of it immediately. We have said we could use the parking at Chillingsworth,but will not limit it to parking only at Chillingsworth. There is adequate parking existing. 33. McMullen—How many votes are needed? Henchy - This applicant needs all five votes in the affirmative. 34. McMullen—There are not enough services in the town. Very unreasonable that this board would turn these people down. 35. Bugle—This Special Permit would be for the property owner only, if the owners change a modification of the Special Permit is needed. 36. Henchy—Motion to approve and issue the Special Permit along the line of the draft decision. Pierce - Second. Discussion on the Motion: Minutes of 7/15/2003, Page 3 of 4 37. Bugle—I am not comfortable with voting in favor. 38. Pierce—My only worry is traffic and it can be open for review at anytime, if we do not approve it then there should be other reasons. 39. Brady—Employee Parking and Loading will be at the Chillingsworth Restaurant. 40. McMullen—should this get voted down, it cannot return for 2— years. Taylor- I am not going to vote for this, shared parking is a means to reduce traffic. 41. Henchy—This is an unreasonable stipulation, to have all parking at Chillingsworth and I will not vote for it. 42. Taylor—Does the Board want to continue this vote and rework the Special Permit? Bugle—We should continue discussions. Henchy—No, move the question: 43. Mrs. Rabin indicated again that no traffic study would be done, no changes were to be made, and a continuance was not wanted. 42. Roll Call vote Bugle - NO Pierce- Yes McMullen - Yes Henchy- Yes Taylor- NO 43. Henchy—For the record, this board has made a very big mistake. 44. The Board discussed proposed bylaw changes with the"Flexible Development Bylaw proposed to being deleted because of conflict with the Cluster subdivision requirements. The Board will be discussing other bylaw amendments on 8/5/2003 beginning at 6:OOPM. 45. Taylor reported that the$25,000.00 grant was approved and an RFP needed to be done. The Board agreed that it needed to be done ASAP. 46. All Members of the Board will receive emailed agendas for comments from the Board of Appeals and Development Plan Review. 47. Meeting Adjourned at 10:00PM Sincerely Marjorie Pierce Planning Board Clerk Minutes of 7/15/2003, Page 4 of 4