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Home My Public Portal AboutPlanning Board -- 2006-12-13 Minutes+ . , ~/I-1 ~\\\\\\1\I111ll1VI1 flJlfJlll/l~j~////i \\,~~~~~~ ~Ft E W S~.~ fi/f~i/ e~ ~Q o i? ~s `3 ~ "9~ ~= O ~~1 - - 1<~ ~ -ti ///'///// ~~ EQ R P OA Ae 3 ~ ~~~~~\\\ ~~ iii i i i i r n r J r a i u I i u ti t l u~ u~`\~ o` Date Approved: January 10, 2007 ~-+ Brewster Planning Board p 2198 Main Street Brewster, Massachusetts 02631- BREWSTER BICENTENNIAL 1898 ~ (508) 896-3701 FAX (508) 896-8089 w Town of Brewster Minutes of Planning Board Wednesday, December 13, 2006 7:00 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board meeting at 7:OOPM Present: Henchy, Taylor, Tubman, McMullen and Remy and Pierce Also Present, Victor Staley, Building Inspector Informal Discussion: Cranview Road -Modification to road betterment plan John O'Reilly presented the modified road betterment plan, which separated the cost of the water main work from the cost of the road work. The intent of the new plan was to lower the project cost by eliminating any unnecessary berms and reducing the driveway aprons from 6 feet to 2 feet. The turnouts that were originally to be paved would be gravel. Rather than add speed bumps, gates would be added to slow traffic. The road would be pitched where necessary for water run off. After much dissention and discussion from some of the property owners who were opposed to the road betterment, Charles Sumner, Town Administrator said he will go out to bid on both plans. McMullen stated the Planning Board would only deal with the technical aspects of the road betterment. The politics was not the province of the Planning Board. MOTION to approve the Town Administrator to go out to bid with both plans by Henchy SECOND by McMullen All vote AYE MOTION to close the discussion by Pierce SECOND by Remy All vote AYE LEGAL HEARING -CORRIDOR OVERLAY PROTECTION DISTRICT - #COPD2006-22 -PRELIMINARY PLAN - Philip 0. Scholomitti, Ryder and Wilcox, Applicant; James H. Rylander, Owner -Located at Sweetwater Forest, Assessor's Map 40, Parcel 26-1. Preliminary Plan, Land in Brewster, MA showing of Lot 1, L.D.P. 36513-B. Present for the Applicant -Phil Scolomitti, Ryder and Wilcox and James & Laurie Rylander PB Meeting/12-13-06 Page 1 of 3 ~~~ I' Sitting on this hearing -Henchy, McMullen, Tubman, Remy, Pierce, Taylor Chairman Henchy opened the nearing on July 21, 2006 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. He stated that during the hearing any member of the Board or interested party could direct questions through the Chairman to a speaker relating to the proposal. He asked the applicant to make his presentation. Scholomitti -Reviewed with the Planning Board the applicants desire to create 1 buildable lot of 3 acres to build a house for James and Laurie Rylander. The 3 acre lot will have apaper cul-de-sac in order to create legal frontage. Henchy read the comment from the Fire Department, which stated - No problems, Roadway meets access and is well maintained. The Board of Health required town water must be available. It was suggested to Scholomitti to meet with the Board of Health to discuss the need for town water access before definitive plan is submitted. Henchy requested a motion to approve preliminary plan MOVED by Taylor SECOND by Pierce All vote AYE APPROVAL NOT REQUIRED - #ANR2006-23 -Applicant; Paul Anastasio, Owner; Roberta H. LaFleur,-124 Slough Road/17 & 25 Concordia Cartway, on assessors Map 38, Lot 6, 7 8~ 8. Lots 6, 7 8 8 to be combined into a single building lot. Present for the Applicant -Steve Moran, Moran Engineering Moran -Presented plan and stated a Special Permit was issued by the Zoning Board of Appeals to build a house on 40,000 s.f. Henchy requested a motion to endorse the ANR MOVED by McMullen SECOND by Pierce All vote AYE Mylar and a hard copy was signed by the Planning Board Informal Discussion Cont'd: Andrew Hutton -Freeman's Way, Map 42, Lot 9 -Subdivision of property for landscape business Hutton presented assessors map of his property requesting to subdivide for the purpose of adding a building for his landscape business, which would be strictly a service business and would not include retail sales. Henchy -Since the new lot to be located in a commercial zone, the Planning Board agreed that subdividing the property would be an Approval Not Required (ANR). The Board members recommended that Mr. Hutton meet with Victor Staley, Building Commissioner to review the next steps. Neil Mooney - Chillingsworth Bakery - Mr. Mooney did not show. Victor Staley -discussion -Bittersweet Drive-1971 Subdivision plan. Attorney Lindsey Strauss was present and representing Ronald Nardone. PB Meeting/12-13-06 Page 2 of 3 ,... R r. ~ Victor was questioning his authority to remove a fence. Although Attorney Strauss presented a good case for removal of the fence, there was no hard evidence that the fence should not be there. For a long time this was open passage with a split rail fence covering about 2/3 of the intersection, now a full stockade fence has replaced that. There is no paved surface so foot traffic is all that is expected. Henchy noted that the Planning Board is to maintain the town map (40A). The Registry of Deed map as well as the Assessors map tracks this as open. Nardone noted it was the principle involved; a matter of quality of life. The deed states an easement. Pierce asked about the Fire Departments answer to turn around area. ACTION ITEM -Henchy will request Charles Sumner to seek Town Counsel advice. Attorney Strauss will return on January 10, 2007 at 7:30 to continue discussion. David Smith -Square One Bistro, 280 Underpass Road, Map 26, Lot 104-1 Chronos Kalivas attended as owner of the Square One Bistro property. He has pledged to complete the work that is conditioned in the Special Permit given to David Smith. Mr. Smith is now out of business and it is Mr. Kalivas desire to work with Victor Staley to meet the Special Permit conditions. Mr. Kalivas will return on January 10, 2007 at 7:45 p.m. with a timetable and a plan to accomplish conditions for changes to his property. Mr. O'Hearn -Old Long Pond Road and Morningstar Cartway, Map 47 -Lots 12-1 A, 1B and 1C Dick O'Hearn presented plan for new panhandle. The new panhandle creates access onto Old Long Pond Road for Lot 1 C between lots 1 A and 1 B. The Planning Board agreed that Mr. O'Hearn would return with a preliminary plan. MOTION to adjourn by Pierce SECOND by McMullen All vote AYE Respectively submitted 80: 6 d 6- 83~ L0. PB Meeting/12-13-06 Page 3 of 3 1~,~^ ` '~ I ~ /IJ Y ~ ~/,y l ~ //~YV` ~V ~ ~V' Marjorie Piece (Clerk) 1