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Home My Public Portal AboutPlanning Board -- 2003-08-05 Minutes \\\\\\��111%WlIIWilifi1/lll/1, �R !►ysrF°j,,,J� Brewster Planning Board 0�''O*. :F��'Q %_ 2198 Main Street 00 _pr�� ;=_ Brewster, Massachusetts 02631-1898 O D ~ (508) 896-3701 ZEF �F� FAX (508) 896-8089 BREWSTER BICENTENNIAL N R TOWN OF BREWSTER MINUTES OF PLANNING BOARD Tuesday, August 5, 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, Linda Bugle, Bob Bugle and Remy present. 2. DISCUSSION ZONING BYLAW CHANGES FOR FALL TOWN MEETING 3. Pierce - each of the bylaws from the list has different degrees of problems. The most important is town bylaw "DPRC" needs to be reviewed. Everyone with a proposal has to spend a lot of time and money totally re written. It is the most disruptive bylaw. 4. Henchy - Difficult"Use variance" strongly recommended by state to not allow it. We should not allow it 5. Pierce - Definition problems — lodging etc. Corridor Overlay change "building" to "structure" and add"premises" 6. The board discussed apartments in the VB/CH Zones. Discussion regarding rezoning the industrial zone. No definitive planning or goals made regarding these subjects. Discussion will continue at a future meeting. 7. CONTINUED 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. 8. The board reviewed Town Counsel's opinion. Atty. Singer, the Applicant and abutters were present. 9. The Board reviewed Town Counsel's opinion dated July 29, 2003 (attachment`B"). Discussion was based on the opinion quoting"whether the Planning Board chooses to approve or disapprove of Ms.Nickerson's application,the Board's decision will have no bearing on whether Ms. Page 1 of 3, Minutes of 8/5/2003 Nickerson has legal rights in Clay Hole or Eli Rogers Roads. The Planning Board is only charged with the task of applying the provision of the Dirt Road Bylaw to Mrs. Nickerson's application, and not with determining whether she has legal rights to the road". "The manner in which they determine that access is reasonably guaranteed is by requiring the applicant to execute a Covenant". "By securing this warranty from Ms. Nickerson, the Town is not liable to her if she proceeds to construct her residence and a court of competent jurisdiction later determines that she does not have rights in the road. She is making these warranties of her own free will and she is proceeding at her own risk if she chooses to construct a dwelling on her property without proper legal rights of access." Said legal opinion is attached and incorporated into this decision by reference. 10. Abutters present spoke against the project, the legal opinion and indicated that they also thought that any legal opinion from this Town Counsel was tainted because of a possible conflict, with the Town's Attorneys also representing a person who lives on Clay Hole Road. In Town Counsel's letter, full disclosure of this representation was made, and it was indicated that there did not appear to be any conflict of interest. 11. Motion by Henchy, McMullen second "to approve Special Permit Application SP2003-07 with the Agreement and Covenant, This Board does not and has not implied rights of access to this property as it is unlawful to do so, only that the Special Permit Application conforms to the requirements of ARTICLE VIII of Brewster's Zoning By-Law of the Town of Brewster and provisions of the Massachusetts Generals laws, Chapter 40A", 6 voted in favor 1 abstained (Bob Bugle) 12. APPROVAL NOT REQUIRED—McGANN—Located off Blueberry Pond Drive on Assessors' Map 27, Lots 47 & 80. 13. Mr. McGann is combing lots 47 &80 the Board voted to approve this application on 7/2/2003 due to land court requirements addition information has been added and the board needs to resign the plan,Motion by Bob Bugle, Henchy second"approve and endorse ANR application 42003-17. 14. APPROVAL NOT REQUIRED—Hays,Jeffrey—Located off Lower Road, on Assessors' Map 18, Lots 3, 4 and a portion of Lot 2. 15. This application combines lots 3, 4, and a potion of lot 2. Motion by Henchy, Bugle second, "approve application ANR2003-17"all voted in favor. 16. REQUEST PARTIAL RELEASE OF COVENANT, LOT B - Fuller/Harrington Tenerowicz - Located off Paines Creek Road on Pine Bay Lane on Assessors' Map 1, Lots 12, 13 & 14. 17. Fuller- 90% complete road, 4 inches of gravel needs to be done hoping to apply for a building permit. 18. Motion by Pierce, McMullen second"grant partial release". 6 voted in favor with Remy abstaining. Page 2 of 3, Minutes of 8/5/2003 19. REQUEST FULL RELEASE FROM COVENANT, LOT 1 AND 2, POST BOND - Lee, Robinson - Bog Hill Rd. on Assessors' Map 50 Lot 46-2. 20. Lee—requesting full release of covenant, and post $7,500.00 Bond. The property is under agreement to purchase. 21. Motion by Henchy, Bob Bugle second"grant full release of covenant and hold $7,500.00 in a road bond until completion of the road. All voted in favor. 22. CONTINUED DISCUSSION OF A PRELIMINARY SUBDIVISION PLAN*PRE2003-10—MATTHEWS— Located off Ruddy Duck Road on Assessors' Map 45,Lots 41 &58-1 (sub.lot*5). 23. Attorney Farber requested a continuance for two weeks on 8/19/2003. He had a very important case that Town Counsel had missed and will affect the opinion. All Board members voted in favor of the continuance. 24. Meeting adjourned 8:30PM. Sincerely Marjorie Pierce Page 3 of 3, Minutes of 8/5/2003