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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, April 6, 2004 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 Pierce, Linda Bugle, Bob Bugle, McMullen and Remy
present.
2. Taylor opened the Brewster Planning Board public hearing at 7:OOPM for the following
articles to be place on town meeting warrant.
3. ARTICLE NO. 22: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article X, Administration and
Enforcement, Section 179-51, Special Permits, to add a sentence at the end of Paragraph A,
eliminating the need to obtain a special permit under Section 179-51 when a Special Permit is
already required from the Planning Board as Special Permit Granting Authority under Article
XII (Corridor Overlay Protection District) or Section 179-40.1 of Article IX (Personal Wireless
Services and Communication Facilities Bylaw) so that Section 179-51A which now reads:
"A. Certain uses, structures or conditions are designated as permitted on special permit in
§179-11, Table of Use Regulations, and elsewhere in this chapter. Upon application duly
made to the Board of Appeals or other designated Special Permit Granting Authority
(SPGA), in appropriate cases and subject to appropriate conditions and safeguards, such
special permits and no others may be granted."
will be revised to read:
"A. Certain uses, structures or conditions are designated as permitted on special permit in
§179-11, Table of Use Regulations, and elsewhere in this chapter. Upon application duly
made to the Board of Appeals or other designated Special Permit Granting Authority
(SPGA), in appropriate cases and subject to appropriate conditions and safeguards, such
special permits and no others may be granted. If a Special Permit is also required from
the Planning Board acting as SPGA under Article XII, Corridor Overlay Protection
District, or Section 179-40.1 of Article IX (Personal Wireless Services and
Communication Facilities Bylaw, the applicant will not be required to also obtain a
Special Permit from the Board of Appeals under this Section 179-51 and the Planning
Page 1 of 7, Minutes of 4-6-2004
Board, acting as SPGA, will apply the provisions of this Section 179-51 in those cases, as
appropriate, so that all requested relief can be addressed in a single proceeding."
4. ARTICLE NO. 23: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article X, Administration and
Enforcement, Section 179-49, Violations and Penalties, to add a sentence relative to progressive
penalty provisions, so that the provision which currently reads:
"Any person, trust or other enterprise who violates or refuses to comply with any of the provisions
of this chapter, any of the conditions under which a permit is issued or any decision rendered by the
Board of Appeals may be fined by the Inspector of Buildings a sum of up to three hundred
($300.00) dollars for each offense,unless otherwise noted in this chapter. Any Zoning Bylaw of the
Town of Brewster enforceable by the Inspector of Buildings or his designee may, as an alternative
to initiating criminal proceedings, be enforced by the Inspector of Buildings or his designee by the
method provided in M.G.L. c. 40, §21 D."
will be revised to read, as follows:
"Any person, trust or other enterprise who violates or refuses to comply with any of the
provisions of this chapter, any of the conditions under which a permit is issued or any decision
rendered by the Board of Appeals may be fined by the Inspector of Buildings a sum of up to
three hundred ($300.00) dollars for each offense, unless otherwise noted in this chapter.
Failure to respond to a properly issued citation within twenty-one (21) days will make the
person, trust or other enterprise not in compliance with the pertinent Zoning Bylaw, unless
afforded protection under Article VIII of this chapter, and subject to the following penalty:
(a) First offense: warning.
(b) Second offense: fine of one hundred ($100.) dollars
(c) Third offense: fine of two hundred ($200.) dollars
(d) Fourth and subsequent: fine of three hundred ($300.00) dollars
Any Zoning Bylaw of the Town of Brewster enforceable by the Inspector of Buildings or his
designee may, as an alternative to initiating criminal proceedings, be enforced by the Inspector of
Buildings or his designee by the method provided in MGL c. 40, §21 D."
5. ARTICLE NO. 24: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article IV, "Use Regulations,"
Section 179-11, Table 1, to limit the special permit requirement for commercial stables, kennels
or veterinary hospitals to parcels consisting of at least 120,000, but no more than five (5) acres,
so that Subsection 179-11, Agriculture,¶6 would read, as follows:
R-R R-L R-M C-H V-B I MRD PWSCF
(6) Commercial stable,kennel or S S S S S
Page 2 of 7, Minutes of 4-6-2004
veterinary hospital in which all animals are
completely enclosed in pens or other
structures on a parcel of land
containing at least 120,000 square feet
but not greater than five acres. On
parcels consisting of more than five
acres, these uses are permitted as of
right per the provisions of General
Laws, Chapter 40A, §3.
6. ARTICLE NO. 25: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article IX, "Special Regulations,"
Section 179-40.1, "Communication Towers", by repealing 179.40.1.5.1 C.3 and D.2
which presently read:
179-40.1.5.1
C. 3. Application and Issuance of a Special Permit by the Special Permit
Granting Authority;
D. 2. Application and Issuance of a Special Permit by the Special Permit Granting Authority in
accordance with Section 40.1.6.3 hereunder;
And to add the following as the new 179.40.1.5.1 C.3:
17940.1.5.1
Application and Issuance of a Special Permit by the Special Permit Granting Authority in
accordance with Sections 40.1.7 and 40.1.8, and in accordance with Section 40.1.12.0 Rules and
Regulations hereunder;
7. ARTICLE NO. 26. To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article VI, "Signs", Section 179-20.5,
"Regulations for Specific Types of Signs", subsection (E), Temporary Signs" subsection (3),
"Window Signs".
Which presently reads:
(3) Window Signs, Window signs are permitted as long as the total area of all signs does not
exceed twenty-five percent (25%) of all window area on which the signs appear. (No permit
required).
by adding the following as its second sentence:
Illuminated window signs are not permitted.
Page 3 of 7, Minutes of 4-6-2004
8. ARTICLE NO. 27: To see if the Town will vote plan to subdivide. Request to extend
CH Zone line through RM Zone, making parcel all CH zoned. 563 Long Pond Road, Plan Book
270, Page 92, L1 Area= 43,988, or to take any other action relative thereto.
9. Motion by McMullen, Pierce, second, Approve articles as corrected from suggestion of Town
Counsel, Article#27, citizens petition to be withdrawn. All voted in favor.
10. LEGAL HEARING — SPECIAL PERMIT - DIRT ROAD ACCESS BY-LAW — AUBIN —
single family dwelling to be located off Flax Pond Road on assessors' Map 31 Lot 46.
11. Sitting on the Planning Board and present at the hearing were members McMullen, Pierce, Bob
Bugle, Linda Bugle, Remy and Chairman Taylor. Abutters were present. 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 Mr. Andrew Singer, Attorney for the applicant
to make his presentation.
12. Singer — The property is shown on Land Court Plan 37622-A, and as parcel 46 on Brewster
Assessor's Map 31. The property, which is located in the R-R (Residential —Rural) Zoning
District, contains 6.71 acres of land and has 913.55+/- ft. of frontage on and deeded access over
Olde Owl Pond Road (a dirt way). The property was previously reviewed and approved for
single- family residential use under the Dirt Road Access Bylaw by the Planning Board in May
of 2002 for a prior proposed purchaser of the property but the Special Permit expired.
13. Singer— section 179-26(D) of the Zoning Bylaw provides that certain pre-existing lots of record
lacking frontage, as that term is currently defined, may be built upon for single-family residential
purposes when certain criteria are met and the Planning Board grants a Special Permit
authorizing such construction. The applicants submit that the necessary criteria is met.
14. Singer — the property contains more than five (5) acres of land. Access to the Property is
guaranteed, suitable for the proposed residential use and adequate for the installation of all
needed municipal services. Residential access will be from Olde Owl Pond Road, which
connects with Owl Pond Road to Route 6A. Utilities other than water will also be provided from
Olde Owl Pond Road. An existing well services the Property, and the proposed house has been
located approximately 370ft from this well. The Applicants are willing to execute and have
attached a proposed statement of plans to provide needed municipal/town services for the lot and
maintenance of the Way providing access to the Lot and a proposed Dirt Road Access bylaw,
Agreement of Covenant.
15. Singer — Emergency vehicle access will be from Flax Pond Road — a paved, plowed and
maintained road by Nickerson State Park. A driveway will be constructed to the building site for
this emergency access as necessary and will be maintained to Fire Dept. Standards. Minimal
construction of this dirt road will be undertaken in order to retain as much of the wooded and
natural beauty of the area as possible. Consistent with previous recommendations from the Fire
Chief, Police Chief and Department of Public Works Superintendent, the applicants agree to
maintain this emergency vehicle access driveway to the property insofar as possible so that this
access will not become impassable due to snowfall or flooding and will not deteriorate
significantly over time.
Page 4 of 7, Minutes of 4-6-2004
16. Singer—the proposal is for a single-family residential use. the vast majority of the 6.71 acres of
land that make up the property will remain forested. The proposed used will be in harmony with
the purpose and intent of the Zoning By-Law, and such use will not be detrimental or injurious to
the neighborhood, the public or the Town. The site is zoned for and is suitable for residential
use. the proposal will preserve and be in harmony with the visual character of the neighborhood.
The property is not located with the Old King's Highway Regional Historic District.
17. Singer — The proposed work will not adversely affect the public health, safety, convenience or
general welfare of the Town of Brewster. The use of the property for single-family residential
purposes will generate little traffic, and there will be no increase of congestion in public ways
and no issues of traffic safety. A Title V septic system will be installed to service the house, and
an existing well will provide water service to the property. Electricity and other utilities will be
provided from Olde Owl Pond Road. There will be no undue concentration of development of
nor negative impact on water supply or drainage.
18. Present: Todd LaFleur, Massachusetts Division of State Parks and Recreation(DSR).
19. LaFleur — submitted letter dated April 6, 2004, on behalf of the Division of State Parks and
Recreation, stating that the proposed house construction site as submitted is acceptable to the
State, because it does not negatively impact the view of the Nickerson State Park visitors driving
down Flax Pond Road, thus preserving the"Park experience".
20. Lafleur — we do have issues that we hope the Board will take into consideration, they are as
follows:
1. request a gate be installed at the Flax Pond and Olde Owl Pond Road.
2. request that no cutting be made on the Nickerson State Park land for improvements of
Olde Owl Pond Road.
3. No structures now or in future, be built in the "well resource area" or anywhere within
sight of Flax Pond Road.
21. Singer—these issues have been discussed with the applicant. The applicant is aware that access
needs to be maintained for emergency vehicles. The gate concept is not possible at this time
without further defining Olde Owl Pond Road, this may be deemed a public way and therefore
could not be gated. The applicant is not willing to agree to restrictions on structures being built in
the "well resource area"or anywhere within sight of Flax Pond Road,but will discuss any future
plans for structures on the property with the Park.
22. Lafleur— I understand that the Gate may be a problem and the defining of the Olde Owl Pond
Road is necessary. The Park would like to be consulted if any changes occur on the property that
may affect the impact of the view of the Nickerson State Park Visitors.
23. Ms. Taylor read the reviews from the Fire Chief and Police Chief, who stood by comments
previously made for this property. Taylor read the comments from the previously approved
application as follows:
D.P.W.- DPW HAS NO CONCERNS IN THIS MATTER.
Page 5 of 7, Minutes of 4-6-2004
BUILDING — I BELIEVE THIS PARCEL IS LOCATED IN AN R-L ZONING DISTRICT,
NOT R-R ZONE AS NOTED BY APPLICANT. THE BREWSTER ZONING MAP SHOWS
PARCEL AS BEING IN THE R-R ZONE, BUT SOLID LINES APPEAR TO INDICATE
THAT THIS AREA IS SEPARATE FROM THE R-R ZONE COVERING THE STATE PARK.
MY ONLY CONCERN IS THAT I DO NOT BELIEVE THAT THE STATE PARK
MAINTAINS THE ENTIRE LENGTH OF FLAX POND ROAD DURING THE WINTER, IF,
IN FACT, THE APPLICANT ACHIEVES APPROVAL FROM D.E.M. FOR USE OF ROAD.
THE PROPERTY DOES QUALIFY FOR CONSIDERATION UNDER THE BREWSTER
COD, CHAPTER 179, ARTICLE VIII, SECTION 179-26D.
POLICE - I HAVE REVIEWED THE PROPOSED PLANS FOR A SPECIAL PERMIT
FOR A SINGLE FAMILY DWELLING OFF FLAX POND ROAD-MAP 31 LOT 46. I HAVE
NO PROBLEM WITH THE APPLICATION. THE APPLICANT HAS MADE THE
APPROPRIATE SUBMISSION RE: ROAD STANDARDS.
CONS. COM- IF ANY WIDENING OR OTHER IMPROVEMENTS ARE REQUIRED FOR
ANY ROAD WITHIN 100 FEET OF A WETLAND RESOURCE, A WETLANDS FILING
WOULD BE REQUIRED BY THE CONS. COM.
FIRE- 1) COMPLY FULLY WITH ACCESS STANDARDS REGARDLESS OF ACCESS. 2)
PREFER TO SEE ACCESS OFF FLAX POND ROAD — A) SAFER FOR APPARATUS, B)
YEAR ROUND ROAD, C) LESS CLEARING FOR ACCESS, AND D) LESS ACCESS
MAINTENANCE.
WATER- NO COMMENTS
24. On the basis of the evidence submitted to the Planning Board, including supporting plans,
drawings, and documents, the written reports of the Town Officials, the Planning Board of the
Town of Brewster finds as follows:
The proposal 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. The
applicant is noticed that should Flax Pond Road need plowing, it is their responsibility to keep
this access free of snow for emergency vehicles all the way to their driveway.
The applicant will continue to work with Nickerson State Park and the Division of State Parks
and Recreation for continued protection of the aesthetics and safety of the park. If the applicants
wish to erect any buildings within the well resource area or within sight of Flax Pond Road, the
Park would like a copy of the proposal for advisory comments only.
The Park indicated that they would investigate the status of Olde Owl Pond Road, as an ancient
way. The Park will further determine whether a gate would be allowed at the intersection of Olde
Owl Pond Road and Flax Pond Road. If such a gate is allowed and is installed by the Park, it will
need a lock and key approved by the Brewster Police and Fire Departments. Keys shall be
distributed to Nickerson Staff,Police,Fire and any other Town Agency needing such access, as well
as the St. Aubins."
25. Motion by McMullen,Pierce second,Approve Special Permit for St. Aubin.All voted in favor.
Page 6 of 7, Minutes of 4-6-2004
26. Approval Not Required#ANR2004-11- Labree/Porter- 98 The Tides on Assessor's Map 4
lot 19—proposed two lots. Present Atty. Steven Jones.
27. Jones —This application had been previously submitted and withdrawn in order for the applicant
to seek a variance from the Zoning Board of Appeals first before submitting for the ANR
approval. The Board of appeals issued their decision allowing a variance to create the new lot as
an unbuildable lot to be conveyed to Porter.
28. Jones—The Plan presented notes the variance request and that the lot is unbuildable.
29. Motion by Bob Bugle, Pierce second" Approve ANR#2004-19. all voted in favor.
30. Meeting Adjourned 8:20PM.
Sincerely
Marjorie Pierce
Planning Board Clerk
k'7 '
Page 7 of 7, Minutes of 4-6-2004