HomeMy Public PortalAboutPlanning Board -- 2004-11-09 Minutes F-IIWrrSi
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Brewster Planning Board O
r p a 2198 Main Street BREWSTER BICENTENNIAL
Brewster, Massachusetts 02631-1898
(508) 896-3701 Q
FAX (508) 896-8089 `''a
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, November 9, 2004
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. Request for release of lots — DEFINITIVE SUBDIVISION PLAN #MRS2004-12 — Red Top
Development Inc. off Satucket Road on Assessors' Map 36 Lot 37— request for release of lots 3, 4,
and 8 from covenant.
3. The board denied release request at this time, until more was done on the road construction, the owner
stated that the pavers would be there prior to Thanksgiving.
3 . LEGAL HEARING WILL BE HELD FOR CONSIDERATION OF THE TOWN TO
UNDERTAKE A SERIES OF TEMPORARY ROAD REPAIRS UNDER THE TOWN'S
BETTERMENT AND ASSESSMENT PROGRAM IN ACCORDANCE WITH ARTICLE VIII,
TEMPORARY ROAD REPAIR, SECTION 157-20 OF BREWSTER'S CODE, FOR THE
FOLLOWING ROADS:
1. WAYSIDE DRIVE -1ST LEFT OFF RT. 39 IN MEETING HOUSE VILLAGE IN
HARWICH ON ASSESSORS' MAP 52. PORTION AFFECTING HOMES ABUTTING
HARWICH.
2. BARONS WAY -2ND RIGHT OFF MILLSTONE RD FROM RT 137 ON ASSESOR'S
MAP 33
3. OLD VALLEY ROAD 1ST RIGHT OFF BLUEBERRY POND DR, ON ASSESOR'S
MAP 27/28
4. CROCKER LANE - OFF N/S OF RT 6A, EAST OF BREAKWATER RD ON
ASSESOR'S MAP 5/16
5. BATES LANE - 1ST RIGHT OFF CROCKER LN, OFF RT 6A ON ASSESOR'S MAP
5/16
6. BANTRY LANE - 2ND RIGHT OFF CROCKER LN, OFF RT 6A, ON ASSESOR'S
MAP 5
7. BARBERRY LANE-3RD RIGHT OFF CROCKER LN, OFF RT 6A, ON ASSESOR'S
4. Present Engineer John O'Rielly and residents of the betterment roads.
Page 1 of 6,minutes of 11-9-2004
5. The Board reviewed the construction of the roads and voted on a motion by McMullen, Henchy second"to
approve the plan of construction noting that the contingency expense should be increased." All voted in
favor.
6. REQUEST FOR RELEASE OF LOTS —DEFINITIVE SUBDIVISION PLAN #DEF2003-18-
Doeg, Robert—located off Buggy Whip Road on Assessors' Map 21, Lot 82-1 — requests release of
lots 5 & 6 from covenant.
7. The Planning Board on a Motion by Henchy, McMullen second "release lots 5 & 6 from covenant for
conveyance purposes, no building permit will be issued until road is constructed."All voted in favor.
8. LEGAL HEARING— CORRIDOR OVERLAY PPROTECTION DISTRICT SPECIAL PERMIT
- SP2004-27- William Grover/Keyspan Energy Delivery New England — Off Freemans Way, on
Assessors' Map 45 Lots 42 — proposed to introduce a paved drive and maneuvering area, and
associated drainage system, site lighting, fencing and underground facilities to facilitate use of a
portable vaporizer. Site to be utilized by tractor trailer trucks 6-8 days per year during peak/high
demand periods during heating season.
9. Prior to the hearing, the Board had requested written comments concerning the application from the Board
of Health, the Department of Public Works, Water Department, the Police and Fire Departments, the
Conservation Commission and the Building Commissioner. The following comments were on file and read
by the Chairman:
B.O.H.- 11/9/04 No comments from the Board of Health.
FIRE— 1. Clearance for manuvering; OK. 2) Paved area; OK. 3) Security provided with fences and locks-
maybe camera's. 4)Designated travel route of tanker. 5)Notification of Fire Department when in operation.
6)Training sessions for fire department personnel.
H.D.C.—No Concerns
Conservation-No Cons. Com. Issues.
Building-No comments.
DPW-Has no concerns in this matter.
Water Dept. -The Brewster Water Department has reviewed the submittal and there are no water
supply requirements for the proposal. As an "essential service" the proposed use does not seem
objectionable. There are however, several concerns regarding the property. The lot is in the
Groundwater Protection District. In addition, there have been property control issues on much of the
property in this geographical area. I believe that the following issues and recommendations should be
considered in the review of this proposal for approval.
There is one wall(east side) of the building that appears to be an element of the perimeter control
for the proposal. The remainder of the perimeter is chain link fence. There should be a physical
barrier placed at any existing door or opening of the building to exclude access to the proposed
compound from the building.
Page 2 of 6,minutes of 11-9-2004
Proper access should exist and be identified for the remainder of the lot and building without
entering or using any of the proposed controlled area.
The use of the proposed area should be tightly limited to the proposed use by KeySpan Energy
only and that any other use require additional approval, at minimum, from the Planning Board
and Water Quality Review Committee.
The perimeter fencing and gate be adequately posted as "Authorized Personnel Only"
The current use of the lot and property in question be reviewed for conflicts or actions by the
town and if there are such conflicts or actions ongoing, that these be addressed to the Town's
satisfaction prior to approval of a new use as proposed.
Thank you for the opportunity to comment on this permit proceeding.
Police -The following two requirements have been agreed upon with the applicant at the Plan Review
Meeting: 1. Security lighting should be provided. 2. Arrangements are to be made with the Police to
allow emergency access.
10. Chairman Taylor opened the hearing at 7:30PM by reading the legal advertisement and making the
applicant and parties in interest aware of their rights to appeal as required under Chapter 40A, Section 17.
She stated that during the hearing any member of the Board or interested party may direct questions through
the Chairman to a speaker relating to the proposal. She asked the applicant to make his presentation.
11. Present: Bradford Maylo, Coastal Engineering; David Gedaminski, Key Span; Douglas Grover and abutter
Francis Miller.
12. Maylo - The applicant proposes to install necessary infrastructure to enable the pre-positioning of a
portable vaporizer at this location. Typically, only the coldest days of the heating season the site will be
used for the transfer of Keyspans product into their existing pipeline systems. The vaporizer will enable
natural gas to be transferred from distribution trucks in the existing pipeline system to maintain adequate
supply to customers during these peak-use times. Although the local climate is a variable, it is
anticipated that the site would be in operation six to ten times per year. When used in a peak usage
scenario, a tractor trailer transfer truck will enter the site and off-load natural gas product through the
portable vaporizer and into the existing underground pipeline system. The site will be manned at all
times during these operations. At peak heating demand conditions,perhaps 5-10 degrees below zero, the
transfer trucks will cycle into the site in four-hour intervals.
13. Maylo - the proposed use is classified as "essential services" as defined in the bylaw and is a permitted
use within the Industrial District. The site is surrounded by uses involving sand and gravel operations,
boat storage, wood products, and use of heavy equipment. The municipal Golf Course, located across
the main road(Freeman's Way), is certainly"off-season" at the time of use for the potable vaporizer.
14. Maylo - The proposed access driveway and maneuvering area have been designated to accommodate the
intended vehicle and equipment use. The site is gently sloping and mostly cleared in the area of
proposed use. The primary access to the site will cross through a 200'buffer of existing vegetation from
Freeman's Way. Existing trees and vegetation screening will remain between the street and use, except
for the area of the driveway and drainage systems. The site will be secured with a chain-link fence and
locking gate, arrangements with the police, Fire, and Rescue Departments will be made to assure proper
accessibility in case of emergency.
Page 3 of 6, minutes of 11-9-2004
15. Maylo- Delivery trucks traveling to and from the site will be routed via Exit 11 from route 6 to Route
137 and onto Freeman's Way. The proposed routing is the most direct and will take place during the
winter/off-peak travel periods.
16. Maylo - There are no proposed permanent water or sanitary facilities proposed on this site. A portable
toilet located within, or adjacent to, a temporary personal (a.k.a. "job") trailer may be placed during
operations. The site design consists of storm water runoff systems including deep sump catch basins.
Discharge elbows on outlet pipes, recharge basins, and an open vegetated swale. The storm-water
systems are located greater than 40 feet above groundwater table in this area, and have been adequately
designed to control the runoff generated from the design storm event.
17. Maylo - the use of the property is to be leased by Key Span. The existing building is not part of the lease
and an 8 foot security fence surrounds the area leased with a locked swing gate at the entrance. There is
a four foot separation between the security fence and the existing building. A locked gate will be added
to the north west corner for emergency access to the building area, other than that the owner has access
via existing dirt way from abutting owned property.
18. The Board asked if the four- foot separation included the north-east side of the building. The plan
showed the fence against the building. The applicant agreed to a four foot separation to that part of the
building also.
19. Maylo -the proposed lighting would be activated when site was in use. The Board added that all lighting
be confined to the site.
20. Francis Miller- abutter- asked if there would be an odor or noise from the site. The applicant responded
that the vaporizer has no movable parts and the only noise would be from the flame burner and that
would be only when in use. the gas itself is odorless.
21. The board asked that the portable toilet be anchored to the pavement. A sign regarding "Trucks
Entering" be located on Freeman's Way. Signs of"No Trespassing" added to the site.
22. On a Motion by Bob Bugle, Remy second, "Approve writing of the draft Special Permit to be viewed
and approved by the Board within the next fourteen days. All voted in favor.
21. CONTINUANCE 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.
22. O'Reilly—the following has been submitted to the Conservation Commission:
As shown on the revised road plans, a very small portion of the proposed road surface for Winstead
Road falls within the 50 foot buffer, approximately 50 sf. As part of the mitigation for the
encroachment, the project includes the following:
1. Increased buffer strip between the new edge of roadway and the BVW. The buffer strip is
approximately 700sf and will be planted with a wetland grass mixture. Please refer to the
landscape plan for specific details.
Page 4 of 6,minutes of 11-9-2004
2. The existing failing catch basin with leach pit is proposed to be replaced with a new proposed
solid catch basin and two 6'x6'leach pits with 2'of stone around each.
3. The portion of the roadway that is proposed to be relocated, shall be graded so as to pitch away
from the BVW along Black Pond and the Town Landing Area for Long Pond. The run off will
be directed into the newly installed catch basin and leach pits, referred to above
4. The existing failed alum. Drain pipe along the access road to the Town's Landing shall be
removed and replaced with a 5 foot wide grass swale. The bottom 2 feet of the swale will be
lined with 4-6 inch trap rock. The proposed swale will accept the runoff from the drive to the
landing,prior to the parking lot area.
5. The sumps within the catch basin along Winstead Road and the newly proposed catch basin will
be increased to 5 feet with a 2 foot sweep on the outlet pipe. The catch basins along Winstead
Road, up to the high point from Crowells Bog Road, will be placed off of the edge of the
pavement in a tear drop shaped swale. The orientation of the catch basins allows for the water to
"drop"off the road way surface and into the catch basin and will mitigate run over.
DRAINAGE MANAGEMENT:
1. The drainage systems shall be installed according to the design plans. All installations of
the systems have to be inspected by the design engineer, prior to back fill.
2. During construction and until the shoulders and the side slopes of the cuts and fills are
full stabilized,the catch basin grates shall be covered with filter fabric for mitigation
from siltation.
3. Once the road is complete and the side slopes stabilized, the filter fabric can be removed.
Any silt break through into the catch basin shall be removed rpiro to the sign off from the
Town.
4. The catch basins shall be inspected on a yearly basis by the association. The amount of
silt/sand within the catch basin shall be noted and the condition of the sweep shall be also
noted. Any silt/sand, within 1.5 feet of the bottom of the sweep, shall be removed from
the catch basins.
5. The leach pits shall be inspected every 2 years. Any silt/sand, within the pits, shall be
removed.
23. O'Reilly— The proposed fire hydrant is being proposed just past and north of the entrance with
adjustments to the interior hydrants all will be done to fire department approval. An easement for the water
department along lot 8 will be provided on a new plan. The Beach parcel is not part of this subdivision and
will be removed from plan. There will be a revised landscape plan per conservation requirements for the
enterence.
24. Taylor— the Board has received the following information from the Police Chief regarding the site
lines: "Alan Tkaczyk, Charlie Sumner and I met on several occasions with the representatives of Boston
Development Collaborative to explore a safe access for the proposed subdivision The revised plan
submitted by Bennett & O'Reilly, Inc. dated October 7, 2004 confirms our agreed access onto Crowell's
Page 5 of 6, minutes of 11-9-2004
Bog Road. As the plan notes, the actual road will be reconstructed and should be done under the
direction and requirements of the DPW Superintendent. The relocated road will provide adequate sight
visibility for vehicles entering or exiting Pond Oaks. This entrance is in a completely new location from
that submitted in the 1980's."
"Boston Development has also agreed to the placement of boulders (Developer to provide boulders) to
regulate vehicular parking that would obscure vision from exiting traffic. Also, some tree trimming and
removal of selected trees has been agreed on. Several vehicle spots are going to be removed to insure
adequate sight visibility near the intersection. The same number of vehicular spots would be created
away from the intersection. These two requirements should become part of the permit conditions. Either
the Chief of Police and/or the DPW Superintendent should control the placement of boulders and the
removal of trees."
25. Taylor— the police chief also will require a street light at his desgrection. Also the entrance of the
subdivision cannot be forever wild, there will be to much disturbance. At this time I would ask that a site
visit be made by the Board members to review the comments of the Police Chief and abutters.
November 11 th and 16`h, dates have been scheduled the board will have no discussion on site.
26. O'Rielly— driveway pitch from street to property, driveways to be 1 %2 inch stone, cement bonds will
define the forever wild area.
27. Abutters - spoke again of safety of the corner, and the ponds for runoff. Abutter Mr. Zorendow
asked how this could be different than the proposal years ago and why the Police Chief changed his
mind. They referred him to ask the police chief.
28. On a motion by Henchy, McMullen second, "meeting continued until December 7th, 2004 at 7:30PM."
All voted in favor. The applicant will provide plans of the changes as discussed.
Meeting Adjourned
Sincerely
Marjorie Pierce
Planning Board Clerk
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Page 6 of 6,minutes of 11-9-2004