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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, December 16, 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. Informal Discussion—Tamer Lane, regarding the forever wild areas. Susan Ladue of Eastward
Companies, Inc. and Barry Holt, of 82 Tamer Lane to discuss a request for a privacy fence at that
property.
3. Mrs. Ladue and Mr. Holt explained to the Board how Mr, and Mrs. Holt have been living in their new
home for several months and have encountered an unusual problem with one of their neighbors to east.
The Holts have observed that their neighbors who live at 122 Barons Way attract wildlife, mainly
skunks, to their property daily by putting food out for them. During the spring and summer months, the
Holts not only saw 5 to 10 skunks in the neighbor's yard at a time but were unable to open their
windows as the odor was very strong when the skunks were gathering to be fed. Although enduring the
smell has been unpleasant for the Holts, they were not sure what they could do because this was not
occurring on their property. Mr. Holt has talked with the Board of Health, the Animal Control Officer,
and the Environmental Police regarding the skunk problem with little success.
4. Ladue - As the leaves have fallen off the trees this fall and the neighbors' property is more visible,the
Holts are able to see that their neighbors have a large collection of various items which probably
contributes to attracting the wildlife to their property.
5. Ladue- As a result of living with this situation for several months, the Holts decided that the only way
to minimize the negative effect of this situation would be to install a privacy fence along a portion of
their rear lot line which they share with this neighbor. Mr. Holt explained that, in his discussion with
you, he was told that you could not issue a permit to install a fence in the "Forever Wild" area, in
accordance with the Planning Board's approval of the subdivision plan. Mr. Holt said that you
suggested that he talk with Eastward Companies and ask the Planning Board to address this matter.
Page 1 of 3, Minutes of 12/16/2003
6. The Planning Board reviewed the language on the approved subdivision plan, the Agreement and
Covenant, and the Declaration of Protective Covenants regarding the "Forever Wild" areas on each lot.
In general, each document states that the forever wild green space shall remain in their natural condition
as wildlife corridors and no vegetation or trees shall be trimmed, cut, or removed there from. There
appears to be no language in any of these documents that prohibits the installation of fences on any of
the lots or in the "Forever Wild" areas of the lots.
7. Planning Board on a motion by Pierce, Henchy second voted (6 in favor and 1 abstention Bob Bugle) to
send a letter to the Building Commissioner stating that we have reviewed Mr. Holt's situation and
approve of his request to install a privacy/stockade fence along the eight-eight (88') foot section of his
lot line at 82 Tamer Lane (Lot 5), as shown on the attached site plan, based on the following:
a) The Holts are asking to install a privacy fence along 88 feet of their rear property line, less than 20%the
length of their total property line of more than 460 feet. They are not asking to install a fence along the
perimeter of their entire property which may create a barrier for any wildlife corridors in the area.
b) No trees or other vegetation will be trimmed, cut, or removed in this area to install the fence. Therefore,
the forever wild area will remain in its natural condition. The fence company has assured the Holts that
nothing will be disturbed.
c) With only 88 feet of fence being proposed, any wildlife corridors in this area will be preserved while
creating a visual buffer between the properties. Wildlife will still have a total at least 372 feet on either
side of the fence to travel to and from the Holts' property and abutting properties.
d) This property has adhered to all conditions placed on it by the subdivision plan approval, Agreement and
Covenant, and the Declaration of Protective Covenants, and will continue to do so.
e) The Planning Board understands that the proposed fence will be installed approximately one (F) foot
off the property line to allow for the maintenance of the outer side of the fence.
f) Any future requests by property owners for fences in the Tamer Lane subdivision will be reviewed by
the Planning Board on a case by case basis.
8. Continuance - RELEASE OF ROAD MAINTENANCE BOND $1,856.97+/-, MCSHANE
CONSTRUCTION—CLIPPER WAY- ASSESSOR'S MAP 26. Present home owner of Yankee
Drive and Clipper Way.
9. Henchy—the bond is for Clipper Way not Yankee Drive all this board can do is ask that the repairs be
done to Yankee Drive, I don't think that the funds for Clipper can be used for the repairs. A letter should
go out to the John McShane, DPW, Nstar and Gas Company to draw some attention and to see about who
is responsible. We will hold the money until we get a response.
10. The board agreed to write a letter addressing Yankee Drive regarding a transformer near the curb in
front of#50 Yankee Drive in the Town of Brewster. The underground cable for that transformer crosses
beneath Yankee Drive a cut to accommodate an extension of service to the connecting subdivision,
Clipper Way. It is obvious that when the cut was made, the soil in the trench was not adequately
compacted, nor was the blacktop correctly restored. As a result, the top of the cut has sagged and left an
ugly ditch across the road, which is unsightly and detracts from property values. At the northerly end of
Yankee Drive is another cut, also to provide power to Clipper Way, which, although in much better
condition than the aforementioned cut, still needs the infrared treatment.
Page 2 of 3, Minutes of 12/16/2003
11. 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).
12. The Planning Board reviewed Atty. Farber's letter of December 15, 2003 and Town Counsel's letter of
December 3, 2003. The members decided that it was not in the Board's best interest to stay action on
this preliminary subdivision application. On a Motion by Henchy, Bob Bugle second the Planning
Board voted not to approve the application, based on the fact that the requirements for modification of
the Wood Duck Subdivision Plan have not been met. All members voted in favor
13. Meeting Adjourned
Sincerely
Marjorie Pierce
Page 3 of 3, Minutes of 12/16/2003