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BREWSTER BICENTENNIAL
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Brewster, Massachusetts 02631-1898
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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, August, 17, 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 Henchy, Pierce, McMullen, Linda Bugle, Bob Bugle, and Remy present.
2. Continuance-Singer—informal discussion regarding Fishman and property located off Brady
Cartway.
3. The Board did a site visit, the gravel Cartway appeared to be adequate. Three of the Board members
(Remy, McMullen and Henchy) did not have issues with deeming it adequate access for building one
home. The remaining board members questioned that the subdivision rules and regs specific14 say that
"Cartway" does not have status as an approved or accepted way or street that deeming it so
us 96 for future applications for division. Deeming a road adequate would allow future
development, ano.ould prefer to have the applicant approach theZoningRard of*peals.
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4. Abutter Jim Pettingill and Steve Shimer were present for this discussion. They presented the Board with
a plan to create two more lots. They stated that if the board was to deem the road adequate this would be
a proposal.
5. Singer—the abutter proposal has nothing to do with the request of Mr. Fishman. Mr. Fishman will look
into other possibilities for building. The Board concurred, and discussion ended.
6. REVIEW DRAFT SPECI PERMIT #SP2004-19 — CORRIDOR OVERLAY PROTECTION
DISTRICT BYLAW — Al&amm - Located at 1217 Main Street, on Assessors' Map 23, Lot 8 —
Proposed change of previ usly used retail space to become an Acupuncture Practice with a mix of
day and evening hours.
7. Motion by McMullen, Linda Bugle second, "approve draft SP2004-19, for Ali Hamm". Roll call vote,
all voted in favor.
Page 1 of 3, Minutes of 8/17/2004
8. LEGAL HEARING — SPECIAL PERMIT #SP2004-18 — CORRIDOR OVERLAY
PROTECTION DISTRICT BYLAW — SBCC Land Trust - Located on Sarah Ann Lane off
Underpass Road, on Assessors' Map 26, Lots 11, 12, & 14—proposed 3200sf office building with a
2 bedroom apartment.
9. Motion by Bob Bugle, Remy second "Continue to 9/7/2004 at 7:45 as requested by applicant because
they were not prepared". All voted in favor
10. APPROVAL NOT REQUIRED ANR2004-22 — Orbe — 20 Long Pond Road, located on accessory'
Map 24 Parcel 19 — the purpose of this plan is to divide the property into two (2) lots with one
building on each lot. Present; Engineer John McElwee and Owner Michael Orbe.
11. Taylor read a letter into record from Building Commissioner/Zoning Agent Victor Staley, dated August
17, 2004, "it would be my opinion that if the deck and greenhouse, attached to the eastern most structure
in the plan noted above, did not exist prior to Brewster Subdivision Control Bylaws (late 1950's) then a
dimensional variance will be necessary to complete the legal recognition of this plan".
12. The Board asked the applicant and engineer if they understood that this was a creation of non —
conforming lots and that anything done on these properties would require approval for the Zoning Board
of Appeals. They replied that they understood.
13. Motion by Henchy, McMullen second "Approve ANR2004-22, Applicant is aware of the non-
conforming issues."All voted in favor.
14. CONTINUED-REQUEST FULL RELEASE OF COVENANT/ROAD BOND - SUBDIVISION PLAN
#DEF2003-06- Jeffrey Drown, Trustee of Blond Dog Realty Trust - Located off Main Street (Rt.
6A) on Assessors' Map 29, Lot 87.-Proposed 4 lot subdivision. Present: Jeff Drown.
15. Drown—The request for the waivers of the berm size and street light at intersection has been presented.
The street light will be installed on the existing pole to the west of the entrance. A request for the
warning signs has been made to the State.
16. The Board asked the applicant to have the contractors for the road.* absorb the costs of adding some
trees to the subdivisio or installing erm der sizedubring this agreement to the next meeting. Need
2 year road bond of$1, 41.00.
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17. Motion by Henchy, McMullen second, Continue to 9/7/2004 at 7:OOPM. All voted in favor.
18. LEGAL HEARING — SPECIAL PERMIT #SP2004-20 — CORRIDOR OVERLAY
PROTECTION DISTRICT BYLAW — Smith - Located at 282 Underpass Road, on Assessors'
Map 26, Lot 104-1 — Proposed change of previously used office/retail space, to become restaurant
use and increase parking to 22 spaces and 5 spaces to be on adjacent parcel 104-4. Present: David
Smith.
9. Smith—I met with Victor Staley. The old retail room has mixed seating booths and tables with 48 seats.
The front room has 26 seats, making a total of 74 seats inside. If the deck is to be used for food service
Page 2 of 3,Minutes of 8/17/2004
than the seating would be counted, but if it is just a waiting area it would not count. On the plan it shows
four tables with 16 seats on the deck with a total of 90 (ninety) seats. I would need 30 parking spaces for
the 90 seats. The neighbor has no problem with the shared parking I will use 10 spaces from them. There
will be an agreement between us that is being drawn up by our attorneys.
20. Smith—The existing parking will stay at the 10 x 20 dimension and will consist of 22 onsite and 10 off
site spaces to allow for a total of ninety seats. There should be no conflict between the two businesses.
The restaurant's peak crowd is at dinner, while lunchtime is the peak time for the business next door.
21. On a motion by Henchy, McMullen second, "continue the meeting until September 7th, in order to
receive the parking agreement and new site plan."All voted in favor.
22. Meeting Adjourned at 9:30PM
Sincerely
Marjorie Pierce
Planning Board Clerk
Page 3 of 3, Minutes of 8/17/2004