The URL can be used to link to this page

Home My Public Portal AboutPlanning Board -- 2003-10-07 Minutes \\�� a IlWlrS Q F..+ �0� �KfE��{R 9 FAT _ Brewster Planning Board O BREWSTER BICENTENNIAL 1 C a y 2198 Main Street y` Brewster, Massachusetts 02631-1898 (508) 896-3701 O /��rrurtruunttuu�\�\ FAX (508) 896-8089 TOWN OF BREWSTER MINUTES OF PLANNING BOARD Tuesday, October 7, 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, and Remy present. 2. CONTINUANCE OF APPROVAL NOT REQUIRED — STAMM — Located off Great Fields Road, o1i Assessors' Map 35, Lots 53-2. Present: David Lyttle and Mr. Stamm. 3. The Applicant asked to withdraw the application, due to the fact that the Planning Board was not going to approve the application because of inadequate access for the proposal. The Board allowed the applicant to withdraw the application. Motion by flenchy, McMullen second; "allow applicant to withdraw". All voted in favor. lb 4. LEGAL HEARING — SPECIAL PERMIT - DIRT ROAD ACCESS BY-LAW — HANDREN — single- family dwelling to be located off Baker's Pond Road on assessors' Map 31 Lot 90. Present: Atty. Lisa Still and Greg Handren. 5. Still — The applicant proposes a single family home on 6.89 acres in the R-R Zone. The lot has a dirt road leading across the property known as Bakers Pond Road. The applicant has stated they have rights to this access. The applicant agrees to maintain "emergency" "access to the lot. A private well and Septic System will be installed, all other utilities are accessible. 6. Taylor read the reviews from the various Town Departments as follows: B.O.H.- 9/23/2003, NO COMMENTS D.P.W.- PLEASE MAKE PROPONENT AWARE THAT TOWN SERVICES ARE NOT PROVIDED, INCLUDING SNOW REMOVAL AND SHOULD BE COVENANTED WITH TITLE. BUILDING—I HAVE NO REAL PROBLEMS WITH THIS APPLICATION WATER— THE BREWSTER WATER DEPARTMENT HAS NO WATER SERVICING THIS AREA AND HAS NO REQUIREMENTS FOR THE SPECIAL PERMIT. THIS LOT Page 1 of 4, Minutes of 10-7-2004 APPEARS TO BE IN THE GROUNDWATER PROTECTION DISTRICT. POLICE - I AM NOT EXACTLY SURE OF THE LOCATION OF THE PARCEL BUT I HAVE REVIEWED THE PROPOSAL WITH THE FIRE CHIEF AND I AM IN AGREEMENT WITH WHATEVER ROAD STANDARDS HE SUBMITTED TO YOU. FIRE - 9/26/2003 1) ROADWAY MUST MEET BAKERS POND ROAD STANDARDS ESTABLISHED FOR ALL DWELLINGS; 2) REGRADE ALL AREAS OF POTHOLES AND WASHOUTS, ADD HARDENING OR STONES AS DONE IN OTHER SPOTS; 3) TRIM ROAD BACK TO FULL 16 FEET — BRUSH IS OVERGROWN; 4) THE AREA JUST BEFORE AND I BELIEVE AT HE PROPERTY REQUIRE GRADING AND HARDENING; 5) ADD PROCESS STONE WHERE RUNOFF IS A PROBLEM OR SANDY AREAS; COPY OF THE 1989 REQUIREMENTS HAVE BEEN GIVEN TO THE APPLICANT. CONS. COM- CONSERVATION WOULD REQUEST THAT THE APPLICANT RESPECT THE ABUTTING CONSERVATION LAND, PARTICULARLY WITH REGARD TO LIGHT TRESPASS FROM RESIDENTIAL LIGHTING. 7. Still — The applicants would like the planning Boards Special permit to be conditioned on specifics of the Fire Department maintenance. 8. The Planning Board agreed to approve the Special Permit, with compliance with the Fire Department, The applicant will seek specifics on road maintenance from the Fire Department. 9. Motion by Henchy, Pierce second, "approve for a special permit". All voted in favor. 10. FULL RELEASE FROM COVENANT — ROAD INSPECTION - CLARK, ROBERT & BETSY — Located on Butlers Way on Assessors' Map 22, Lot 7. 11. Henchy — the Following needs to be done: streetlight installed; Sign installed; Monuments; vegetation overgrowths to be trimmed and cut back; Trash removed, Shoulders cleaned; Comments from fire dept. 12. Motion by Henchy, Pierce second, "Continue for a month". All voted in favor. 13. APPROVAL NOT REQUIRED—PETTINGILL, GEORGE—located off Route 137 Long Pond Road on Assessors' Map 34 Lot 34.—Creation of two lots. Present: George Pettingill. 14. On a Motion by Henchy, McMullen second, "endorse the ANR Plan for George Pettingill". All voted in favor. 15. CONTINUATION OF LEGAL HEARING—DEFINITIVE SUBDIVISION PLAN #DEF2003-18- Doeg, Robert- Located off Buggy Whip Road on Assessors' Map 21,Lot 82-1. - Proposed 6 lot subdivision. Present: John O'Rielly,Atty. J. McCormick,Robert Doeg,Atty. Lester Murphy for abutters and about 10 abutters. 16. O'Rielly—gives the board a use overlay plan showing building envelopes and restricted areas. This subdivision has been modeled after Tamer Lane subdivision. The Board at a previous meeting has asked that Mr. Doeg consider such restrictions. The plan shows 3 areas,building envelopes, forever wild area and transitional area. The plan shows clearing that is existing on the property with the house. The Page 2 of 4, Minutes of 10-7-2004 forever wild is about 35%that will remain woods and undisturbed. The transitional area is about 16%. Total area of about 5 1%that will be transitional or forever wild. 17. Taylor—building envelope is for clearing and grading, the transition area is restricted to limited work. Why on lot 2 is the restricted area up to the lot line? 18. O'Rielly—this area is already open and has been cleared. Mr. Doeg uses this area for his personal use, he had proposed to build a barn on this lot at one time. This is all existing. 19. Pierce—Transitional is a cultivatable area of about 50% this could include the septic system. 20. Henchy—construct the road from end of Bridal path and build the road without any waivers. I will support with the full construction of the road and including Town Water. 21. O'Reilly—the road will be constructed as per the Subdivision Rules and Regulations. Mr. Doeg is in negotiations with the Water Dept. but there has been no agreement to do this as of yet. 22. Abutters—voiced opposition to the proposal. Their concerns were traffic and the wildlife now that the 11+ acre parcel is now becoming a subdivision. 23. Atty. Lester Murphy representing some of the abutters. Murphy—legal issues that the board needs to consider are; the property involved in the subdivision plan is actually two parcels one being 29,000 square feet that serves as access off from Buggy Whip to the larger parcel. They were never owned by the same person until recently. A number of years ago a developer by the name of Wild, developed Buggy Whip road and sold off parcels, he did not retain ownership of the road, nor did he reserve the right to grant rights over the road. The proposal for the Doeg subdivision does not have access through the current development, therefore applicant should be denied. Town Counsel guidance should be sought for the access issue and if the applicant has the rights to develop it. (Atty. Murphy will submit letter to the board regarding his concerns). 24. Henchy reads from the Subdivision Rules and Regs section 290-11 #2 "Provision satisfactory to the Board shall be made for the proper projection of streets, or for access to adjoining property which has not been subdivided. Any street in a new subdivision that abuts vacant land, if terminated, shall provide turnarounds as provided in Table 2, with easements of forty-five (45) feet in length and forty (40) feet in width extending to the boundary of the subdivision with the vacant land, such that streets can be extended into further subdivision.Any street in a new subdivision that abuts an existing subdivision shall connect with the existing town roads in the older subdivision, or with the existing private road, if proper rights-of- way are granted by the older subdivision. If it is impossible to connect the roads of the new subdivision with the roads of an abutting older subdivision, or subdivisions, the new roads will revert into themselves, and if such is impossible, no turnaround will be permitted within three hundred (300) feet of the boundary line of the subdivision with the existing subdivision." 25. Henchy—there is provision in our regulations that tries to prevent land locking of parcels. Murphy— with all due respect that is what the abutters are questioning the access to the subdivision. Henchy—on the plan endorsed by the planning board the 29,000 square foot lot did have access to Buggy Whip with a plan note that it was to be used as a future road. 26. McCormick—I don't think this board is to determine the rights of access. The parcel that has frontage has clear rights to Buggy Whip Road and was in the past to be for future road purposes. Page 3 of 4, Minutes of 10-7-2004 27. Pierce—Continue this discussion and ask all persons who have spoken, to submit their issues in writing. The Board and review then seek town counsel opinion if needed. We need time to review and look into the issues that have been brought up. Remy agrees. 28. Motion by Pierce, Remy second, "continue to next meeting 10/21/2003 at 8:30PM, in order to review all comments that may come in, review the Agreement and Covenants and Deed Restrictions and conditions that this Board may have for this subdivision." 3 voted in favor, Henchy abstained. 29. PRELIMINARY SUBDIVISION PLAN - —off Tubman Road on Assessors' Map 35 Lot 36—proposed 6-lot division. Present: John O'Rielly. 30. O'Rielly presented the Board with a plan showing the corrected frontage requirements for the lots. Also gave the Board information that the developer intends to build an Energy Star Neighborhood. 31. O'Rielly—the preliminary plan shows a 6 lot flexible development. There will be one waiver request and that is of the 25' setback requirement to the Erickson property. Mr. Erickson is here should you have any questions. The plan shows a land swap with the Ericksons so that the plan can meet the required street frontage for the subdivision. There will be no waivers requested for the road construction. 32. After a brief discussion among the Board members relating to the shape of the lots, the Board told Mr. O' Rielly that the conventional subdivision plan dated September 26,2003 Rev. 10-7-03, was a much better plan and preferred over the proposed flexible development proposal. 33. O'Rielly—if the Board is willing to grant the waiver to the setback to the Ericksons property with Mr. Ericksons consent, then the applicant will withdraw the flexible development proposal and come back to the Board with a conventional grid subdivision. 34. The Board agreed to the waiver of the 25' setback with the neighbor's (Erickson) consent, asked that possible building envelopes be provided and that a wetlands delineation be defined. 35. Motion by Henchy, McMullen second, "withdraw application for the Flexible Development proposal". All voted in favor. 36. Meeting Adjourned. Sincerely, Marjorie Pierce Clerk Page 4 of 4, Minutes of 10-7-2004