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BREWSTER BICENTENNIAL
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y Brewster, Massachusetts 02631-1898 N
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(508) 896-3701 O
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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, September 21, 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. 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.
3. The Board received the new site plan, and reviewed the draft permit. Motion by McMullen, Henchy
second"Approve application as presented." Roll call vote, all voted in favor.
4. LEGAL HEARING— CORRIDOR OVERLAY PPROTECTION DISTRICT SPECIAL PERMIT
- SP2004-24- Rail Trail Realty Trust — 302 Underpass Road, on Assessors' Map 26 Lots 104-3 &
104-4—proposed to construct an addition (704 SF) with porch to expand retail use.
5. The Board received the new site plan, and reviewed the draft permit. Motion by McMullen, Henchy
second"Approve application as presented." Roll call vote, all voted in favor.
6. CONTINUED LEGAL HEARING — DEFINITIVE SUBDIVISION PLAN #MRS2004-23- Boston
Development Collaborative, Inc.—off Crowell's Bog Road on Assessors' Map 49 Lot 8—proposed
14 lot division.
7. Prior to the hearing the Planning Board requested written reports from the Department of Public Works,
the Police and Fire Chiefs, Board of Health, Water Department, Zoning Agent/Inspector of Buildings
and the Conservation Commission and these reports were as follows and read into record at the time of
the hearing:
BOARD OF HEALTH—9/21/2004—No comments from the Board of Health.
DEPARTMENT OF PUBLIC WORKS—First of all, this plan was rejected a number of years ago. These
comments pertain to the plan now submitted. 1) Sight lines are not sufficient. 2) Grades are excessive. Even
8%, cuts of 15 feet are required. In order to maintain a 3to 1 grade on cut slope there would be encroachmen
neighboring properties. 3)Property o black Pond labeled beach parcel will need conservation consideration,
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doubtful if this beach could be created. Suggest that access to this subdivision be sought from Route 124 ac
from Ashley's Way or Greatfields Road.
BUILDING DEPARTMENT—No comments
WATER DEPARTMENT—September 7, 2004, The Brewster Water Department has reviewed
plans for cluster and grid subdivision proposals submitted for this purpose. The following is a
summary of observations and requirements.
1. Crowell's Bog Road is supplied with a twelve inch(12") water main on the same side of the
street as the proposed development. While the pipe does not abut the subdivision frontage, the
Environmental and Communitv Impact Analvsis narrative indicates that Town water is planned for
the subdivision. There is sufficient water available for the subdivision, however, the elevations are
such that flow tests in the area and engineering review of the data for design will be necessary to
determine the pipe size for fire flow requirements. The firm(s)to perform the fire flow tests and
schedule for the tests shall be approved by the Water Department. Engineering design review shall
be by a firm selected by the Water Department. The cost of these requirements shall be borne by
the developer. The layout of the water line and appurtenances will be determined by the Water
Department.
2. Blanket easement for water main and appurtenances should be granted along all ways.
Additional easements may be requested depending on the style of development approved and
subject to water main design requirements. One location would be in the common area around
Lots 7 & 8 (cluster) or lot line of Lot 8(grid) for possible connection to Route 124. The other
location would be in the common area around Lot 10 (cluster) or lot line of Lot 7 (grid) for possible
future connection. All easement documents must be registered at the Barnstable Registry of Deeds
with a copy provided to the Water Department prior to final approval of the project.
3. All proposed water and related work will conform and comply with best industry standards,
Commonwealth of Massachusetts statute and regulations and Brewster Water Department
specifications. All materials used in water works construction are subject to site specific
requirements as determined by the Water Superintendent.
4. Water service stubs will be required from the water main to property lines at lot centers and
will be sized according to lot depth. All lots will be serviced from the subdivision.
5. All water construction work must be done by a Department approved installer. All water
main construction including service stubs and certifications shall be performed under supervision of
a Department approved inspector at the developers cost.
6. All required Brewster Water Department fees shall be paid prior to the commencement of
water works construction. A $2,000.00 tapping fee for the subdivision will apply to this proposal.
7. An engineer certified as built plan for the water main and service stub installation must be
supplied to the Department incorporating all information from the inspector's field notes and
measurements. The as built plan shall be delivered in ESRI Arc View shape file format or
AutoCAD translatable files on floppy disc or CD and two printed copies. Detailed specifications
and regulations are available from the Department office at 1671 Main Street, Brewster, MA
02631,phone number, 508-896-5454.
Page 2 of 7,minutes of 9-21-2004
Should you have additional questions concerning this matter,please do not hesitate to contact me.
POLICE DEPARTMENT-have reviewed the proposed subdivision and recommend that the Planning
Board does not approve the plans as submitted for the following reasons:
1. The access/egress point onto Crowell's Bog Road does not provide adequate sight distance in either
direction, especially in the Southerly direction.. The Planning Board reviewed a similar proposed
subdivision in 1987 and concluded that there was inadequate sight visibility and the proposal did not
meet the necessary standards as required for proper vehicular safety.. Nothing has changed with this
parcel to create better visibility.
2. During the months of July and August the area is heavily congested with the Public Beach and Boat
Landing activity. The proposed access/egress point is just adjacent to the Town Landing Entrance/exit.
Please review the findings of the Planning Board in 1987. At that time the owner/developer was directed
to consult with the Selectmen about possible land exchange/purchase etc to provide a safer access.
FIRE DEPARTMENT—Town water with hydrants in subdivision and crowell's bog road with main
extending 500' east on crowell's bog road from subdivision road hydrant at the end. Clear sight line on
corner.
8. Present for the Applicant: John O'Reilly,Bennett& O'Reilly; Attorney Roger O'Day, Bill Cheney; Bill
McMahon and Sybil Asencuto, Owner/applicant;James Cofield. About 10 abutters were also present.
9. The applicant submitted the following documents for review with the application: Environmental Analysis
Report; locus U.S.G.S. Map; Brewster Assessor's Map; Copy of Certified abutters list; 800 Scale Town
Overlay Map with Massachusetts State Coordinates; 200 scale grid subdivision Map; Copy of Application
for Approval of a Definitive Plan; Draft Copy of Agreement & Covenant; locus Map—estimated Habitats
of Rare Wildlife and Certified Vernal Pools; Wildlife Habitat Study, by Independent Environmental
Consultants;Nitrogen Loading Calculations and Drainage Calculations.
10. O'Reilly—What is before this Board are two plans as required by the Town of Brewster Bylaw for Major
Residential Development. One waiver is requested for the proposed gradient to be at the entrance into the
subdivision is 8%, wherein 7%is identified as the maximum pitch allowed. The first is a cluster and second
a grid this applicant hope to convince the Board that a grid is preferable by adding restrictions that are
compatible to land use protection as with a Cluster plan and open space. The grid offers esthetics and
economic value over the cluster plan.
11. O'Reilly- the grid would be a better alternative the reasons being, one curb cut off from Crowell's Bog
Road. The developer would like to continue with the grid format for marketing purposes rather than being
forced to proceed with a cluster. It is the opinion of the developer that the larger sized lots along with
planned house sightings (building envelopes) will be more desirable to potential property owner than a
cluster format with small lot sizes and more localized density.
12. O'Reilly—to achieve the same benefits a cluster subdivision would provide, the developer has proposed a
Land Use Overlay District for the grid subdivision. The land use overlay identifies building envelopes for
each lot, a transitional area and forever wild areas. The grid layout has two primary use areas, a building
envelope and transitional area. The transitional area runs between the building envelope are and the sideline
of the roadway on each lot. The point of the transitional area is to provide options to the homeowner on the
Page 3 of 7,minutes of 9-21-2004
placement of the driveway to the proposed dwelling. The following comparison of the grid and the cluster
formats are provided for your consideration:
A. Within 100ft of Black Pond:
Grid Format Cluster Format
Three(3)homes Five(5)homes
193,180 sf of Forever Wild 162,sf of Open Space
55,056 sf of Building Envelope 117,850 sf of Lot Area
B. Three(3)homes along Bike Trail Four(4)homes along bike trail
C. 61.3%Forever Wild Area 60.7%of Open Space
D. Avg. Building Area= 18,455sf. Avg. Lot Area 20,355sf.
Environmental and Communitv Impact Analvsis Report:
1.) NATURAL ENVIRONMENT
A. Air and Noise Pollution
The proposed development is to residential. There are no commercial or industrial uses being
proposed with this project. The air and noise pollution will be very minimal, if existent at all.
During construction, noise pollution from the heavy equipment is unavoidable. To minimize the
impact, the developer will adhere to the following requirements, no machine shall start operating
until 7:00 am and shall stop by 5:00 pm
B. Water Pollution
The impact of the storm water run-off will not impact the adjacent surface water bodies (Black
Pond and Long Pond). The preconstruction vs post construction runoff values are to be the
same. The runoff from the road system will be controlled by catch basins and drywells.
At the entrance of the proposed roadway, the design calls for a low point prior to entering
Crowell's Bog Road. Water will be directed to the catch basins so as to prevent discharge onto
Crowell's Bog Road. The drywells at the entrance into the proposed road have been located over
200 feet from the edge of Black Pond.
C. Land
The soils which are anticipated for this development are compatible to support the development.
The limited soil testing conducted for the groundwater study, show sand deposits to 60 below
grade. The proposed drainage systems, leaching facilities and the roadway base can all be
supported by the existing soil conditions. Erosion, if not handled correctly will be an issue at the
entrance into the proposed subdivision. The entrance off of Crowell's Bog Road will need to be
revegetated as quickly as possible after final grading to mitigate wash out. As part of the filing
process, a landscape plan has been developed for the entrance area. The landscape requirements
identified on the plan will provide protection for Crowell's Bog Road.
D. Plants and Wildlife
Page 4 of 7,minutes of 9-21-2004
HIMMOMM
Refer to the attached Wildlife Assessment by Independent Environmental Consultants, July 23,
2004.
E. Water Supply
The proposed fourteen homes would be served by Town Water. Their consumption would not
have an adverse impact to the water supplies of the town. The anticipated average use for the
development, assuming occupancy of all the homes would be, 330 gpd/home x 14 homes=4620
gpd or 1,686,300 per year, (based on Title 5 and year round use)
F. Sewage Disposal
The proposed fourteen homes are to be served by individual sewage systems. The systems are
not to be located within 300 feet of the water of Long Pond and Black Pond. The closest setback
from the bottom of the leaching facility to the estimated high groundwater will be 15 to 20 feet.
The majority of the leaching facilities being 30 feet or more above the high groundwater.
The average sewage Flow for the fourteen homes would be the same as the water usage, more or
less. (See above)
2. MAN-MADE ENVIRONMENT
A. Existing Neighborhood Land Use
The proposed development is in keeping with the surrounding uses. In fact, due to the existing
condominium development to the west of the proposed Pond Oaks Subdivision, our proposed
density is much lower than the abutting property uses.
B. Zoning
The development does conform to the Zoning Bylaw.
C. Architecture
The style of the proposed homes will be compatible with the surrounding properties. A copy of
the Associations Covenants are attached for your review. These covenants will strict the type of
home proposed, size, color, etc. The purpose of the Covenant is to protect the compatibility of
the Association.
3. PUBLIC SERVICE
A. Schools
The anticipated impact to the school systems are viewed as minor. Unfortunately the value of
homes within Brewster are making it very difficult for young families to move into town. The
declining enrollment over the last few years reflect the trend. As a result, we would anticipate
the proposed development to have very little impact to the school systems.
B. Police
No impacts are anticipated impacts on the police services, as a result of the proposed
development.
C. Fire
The proposed development is going to have a positive impact on the fire protection of this area.
The proposed project is to be served by Town Water. The main at the corner of route 124 and
Page 5 of 7,minutes of 9-21-2004
Crowell's Bog Road will be extended to the entrance of the project, with hydrants located every
500 feet, as required.
Water Pressure is anticipated to be adequate, if needed, a water test can be done with the
approval of the Water Department.
D. Recreation
There are not proposed recreation areas proposed within the development. There are two
pathways for access onto the bike path from within the subdivision. There are no requested off
site recreation demands for this subdivision.
See Forever wild Restriction for details of the open space.
E. Solid Waste Disposal
Solid waste is either going to be delivered to the Transfer Station by the owners of the homes or
arraignments will be made with a private company.
F. Traffic
There are no anticipated traffic impacts to the surrounding roadways as a result of the fourteen
homes being proposed. Traffic patterns will most likely be from the development to Crowell's
Bog Road to Route 124. It is the opinion of BENNETT& O'REILLY, Inc., that these two roads
are sufficient to carry the vehicle trips generated by the development.
H. Highway
There are no anticipated costs to the Town as a result of the development. Any damage done to
the roadway system as a result of the construction of the proposed development, shall be the
responsibility of the developer.
4. AESTHETICS
A. Lighting
There is no street lighting being proposed for this development. The homes are to have the
typical entry lighting. All exterior landscaping and lighting are to be approved by the
Association, see the Restrictive Covenants.
B. Landscaping
All exterior landscaping and lighting are to be approved by the Association, see the Restrictive
Covenants. Due to phosphorous concerns, the homeowner is going to asked to install a
minimum of 6 inches of topsoil within in any lawn area. (See Hydrology Study)
C. Visual
The proposed development has been laid out so as to minimize impact to views from the abutting
properties. Referring to the grid subdivision, the views from the existing roadways are also
minimized,
4. PLANNING
It is the opinion of BENNETT & O'REILLY, Inc., that the proposed development is in keeping
with the goals and objectives of the Comprehensive Plan. The project provides 61.3% of open
space within the forever wild areas relative to the entire lot area. The proposed use is in keeping
with the zoning.
Page 6 of 7,minutes of 9-21-2004
5. TRAFFIC IMPACTS
BENNETT & O'REILLY, Inc., has not engaged a traffic engineer to determine if the fourteen
(14)new homes will have an impact on the adjacent roadway system, Crowell's Bog Road and
Route 124. The trip generation from the development will be consistent with residential
development. We do feel the fourteen(14) additional homes will not have an adverse impact to
the traffic pattern along Crowell's Bog Road and Route 124.
Sight distances to the north and the south along Crowell's Bog Road are minimum. After
consultation with the fire and police departments, the use of signs on the north and south sides of
the proposed roadway would be recommended. For additional traffic safety, a painted stop line
and a stop sign are proposed at the exit of Winstead Road.
BENNETT & O'REILLY, Inc., if requested by the Board, Fire Department or Police
Department, will be willing to review existing traffic studies to provide some additional detail of
the potential impact of the development.
13. O'Rielly— Paul Shea, of Independent Environmental Consultants Inc, could not be here
tonight. But has submitted a report to the board dated July 23, 2004.
14. Abutters— addressed concerns regarding safety of the entrance and the concern for the
ponds. Abutter brought to the board attention errors in the reports. Carol Johnson presented the
board with recommendation and concerns effecting the ponds and how the applicant could
remedy this, also informed the board of errors in the reports submitted to the board(ie: entrance
and pond location distance).
15. Taylor- what would the Boards preference be to the plan that we should continue with.
The board unanimously supported the grid plan over the cluster. Motion by Henchy, McMullen
second, "proceed with the process with the grid plan" all voted in favor.
16. Taylor- From this we will study the drainage, slope,public safety and improve on what is
existing. Motion by Henchy, McMullen second, "continue until October 19, 2004 at 8:OOPM. All
voted in favor.
17. Approval Not Required ANR2004-2004-26 - Orbe — 20 Long Pond Road, located on
assessors' Map 24 Parcel 19—Alter lot lines on the previously approved ANR2004-22.
18. Motion by Bugle, Henchy second, "approve as presented". All voted in favor.
Meeting Adjourned
Sincerely
Marjorie Pierce
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Page 7 of 7,minutes of 9-21-2004