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Brewster Planning Board O
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1 p a N 2198 Main Street BREWSTER BICENTENNIAL
Brewster, Massachusetts 02631-1898 N
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FAX (508) 896-8089 W
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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, December 6, 2005 7:00 P.M.
Brewster Town Office Building
1. Present: Chairman Henchy convened the Planning Board meeting at 7:OOPM in the Brewster Town
Office Building with members Taylor, Pierce, McMullen, Tubman and Remy present.
2. LEGAL HEARING — DEFINITIVE SUBDIVISION PLAN #DEF2005-22- DAVID J.
MATHEWS III AND ANNA L. MATTHEWS - LOCATED OFF RUDDY DUCK ROAD
LOCATED ON ASSESSORS' MAP 45, LOTS 41, 58-1, AND 58-205 - PROPOSED 6 LOT
SUBDIVISION. Present: Atty. Peter Farber and Engineer Bo Freeman.
3. Henchy - read legal advertisement from Cape Codder and information regarding appeal period.
4. Henchy—there is a substantial problem with this subdivision and what's requested. The subdivision is
contingent on modifying the Ruddy Duck subdivision, by extending a road through there. The Ruddy
Duck subdivision has been filed in land court with a plan note that says there will be no further road
extension to surrounding land. There are also deed restrictions and covenants that run with the land,
saying exactly the same thing. For that reason this board cannot proceed with this particular hearing. We
are not authorized to modify that previous subdivision, and we can't grant this subdivision because it's
contingent on that modification. For that reason I think we should discontinue this process and accept a
vote whether or not to deny subdivision permit, anyone make a motion.
5. Taylor- motion based on recommendations of town counsel, "I hereby move that we deny the Matthews
definitive subdivision application because it presents a plan that would modify a previously approved
subdivision by changing one of the residential lots into a roadway access for the new subdivision, thus
requiring a modification of that previously approved subdivision pursuant to the provisions of General
Laws, Chapter 41, Section 81 W." Remy second. Henchy—roll call vote—all voted aye. Henchy—
hearing is now closed
6. RELEASE OF LOTS 1, 3 & 4, AND REQUEST EXTENSION OF SUBDIVISION PERMIT
— DOEG, ROBERT- HARRISON HILL SUBDIVISION LOCATED OFF BUGGY WHIP
ROAD, ON ASSESSOR'S MAP 21, LOT 82-1. Present Robert Doeg.
7. The Planning Board voted to approve the above request, retaining the last remaining lot #2 under the
covenant. The above applicant requested that three (3) lots be released from covenant for conveyance
purposes. The road currently needs finish coat of pavement, slopes need to be finished, seeded, graded,
sign and bounds installed. An extension of one year (December 6, 2006) was granted to complete the
road in accordance with the Town of Brewster Subdivision Rules and Regulations. Mr. Doeg also
agreed to t-base the south end of Buggy Whip road beyond the pavement ending, to improve the passage
on Buggy Whip approximately 500ft.
8. The Board had previously agreed to the release of lots 5 & 6 for conveyance purposes only and that no
building permit would be issued or other lots released until the binder course of the road was
constructed, that condition has been met and the building permits may be issued. Six members were
present and voted in favor.
9. APPROVAL NOT REQUIRED — BREWSTER ORLEANS PROPERTIES LLC —
LOCATED SOUTH SIDE OF ROUTE 6A AND EAST OF VESPER POND DRIVE, ON
ASSESSOR'S MAP 30, PARCEL 30-006 AND PORTION OF PARCEL 3007 — CREATE 7
BUILDABLE LOTS. Present: Engineer Philip Schalomitti.
10. Motion by McMullen, Pierce second "Approve ANR as presented", all voted in favor.
11. Review revised plans for Northside Methodist church. The Board signed the plan showing the
changes as discussed for the Special Permit.
12. Meeting Adjourned.
Sincerely
Marjorie Pierce
Clerk.