The URL can be used to link to this page

Home My Public Portal AboutPlanning Board -- 2007-02-21 Minutes\~a 04 { o~~oa n a ~ c,Q is _ ~: tea' ~~r '"'D v ar ////////~ ~ /! ~~~ I l l 1 t l t f l l l l l l 141 1 1 1 1~~\\\\ \\~~~\\\\\ Date Approved: March 14, 2007 Vote: (6-0-0) Brewster Planning Board 2198 Main Street (508) 896-3701 FAX (508) 896-8089 BREWSTER BICENTENNIAL O O TOWN OF BREWSTER MINUTES OF PLANNING BOARD Wednesday February 21, 2007 7:00 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board meeting at 7:OOPM in the Brewster Town Office Building with members Taylor, Pierce, Bugle and Remy present. Tubman and McMullen were absent. Minutes of the January 10, 2007 7:05PM APPROVAL NOT REQUIRED - 2007-04. Applicant/Owner: Linda L. Lockard, 401 Tubman Road, Map 35 Lot 24. To preserve 6.495 acres and convey 0.052 acre parcel. Present: Peter Soule. Soule-Purpose is two-fold; restrict the land from development, this is a generous gift to the Brewster Conservation Trust and to buy the triangle portion (parcel A) for proper setbacks. Henchy- no plan notes about not developing the land. Soule- document created on record can reconfigure dwelling but stay in a natural state. Henchy- maintain ownership of property. Pierce- very nice. Motion by Pierce, Taylor second, "approve, Approval Not Required for Lockard", Vote; 4-1-0. (Taylor abstained as a member of Brewster Conservation Trust). All members signed the Plan dated 1-26-07, to be filed with the Barnstable Land Court. 7:20PM APPROVAL NOT REQUIRED- 2007-05. Applicant/Owner: Eleanor F. Barbour/Barbour Nominee Trust, 1053 Long Pond Road, Map 33 Lot 35-1. Present: Peter Soule. Soule- This is a Lot on Route 137 with an existing building. They would like to divide this into 2 lot and build on Lot 1.. There are no wetlands issues. Pierce- not too complicated Henchy- straight forward 9ti: 6 ~ Z l dd~l 1.0. Motion by Bugle, Taylor second, "approve, Approval Not Required for Barbour", Vote; 5-0-0. All members signed the Plan dated 1-26-07, to be filed with the Barnstable Land Court. Planning Board Meeting Page 1 `~f6 "~-" ~ ~~3L~8 02-21-07 INFORMAL DISCUSSION 33-1. Applicant/Owner: Mark Zippo. Pierce- Planning Board has not been presented with the materials. Henchy- commented on the fact that there are issues regarding nitrogen loading in Pleasant Bay. There are federal and state requirements to maintain. Harvey Freeman (Chair of ZBA) concerned, packet was sent to Chairman of the Planning Board as required by law. All departments review and respond. Still have time for input. The ZBA would like comments from the Planning Board to weigh in with all others. Specific about Water Quality. The ZBA has obtained a consultant to help with procedures and the process as well as authorizing a Peer Review Consultant to assess bioclear system. White Rock Commons has exemptions (waivers) that need discussion. Henchy- 24 units on 3.24 acres is a density issue. Some commitment to the final nitrogen won't be heavier than normal housing density. Bugle- do we have the ability to put this measure into force on that lot. Taylor- Board of Health does. Pierce- that is what we should know, what we can and can not do. Taylor- we can comment on everything. Bugle-there is only room for nitrogen loading fora 2 house lot? Freeman- Freeman- stipulations to limit meets yardstick of economics. If too stringent =uneconomic, then the applicant goes to housing Appeal. Pierce-what goes into the economics? Freeman-there is Proforma to detail Piece- if they cut down the number of houses, will it make it economic? Bugle- what are the prices of the homes? Freeman- in the file. Henchy- is the Consultant Proforma savvy? Freeman-YES, very well informed. Henchy-what is the rate of return allowed? Freeman- looking for 15% and any overage goes to the Town for affordable housing. Remy- only a certain %? Freeman- maximum 20% allowed. Henchy- previous Proformas, little changes make changes in profit. Bugle- money coming back is insignificant to the cost to Brewster. Planning Board Meeting Page 2 of 6 02-21-07 Freeman- that's what we are trying to assess Henchy- how much time? Freeman-time to come to discuss. Pierce- not saying we don't want to face it but should have ideas of what is possible to do. Henchy- go over what to do. Mooers- I will get you copies of all Department responses as well as a full packet. Freeman- review Board of Health and Cons Com. Pierce- health and safety for the citizens of Brewster is the concern of Town departments. Henchy- we will continue this after the next agenda item. 8:00 PM Brad Malo, Coastal Engineering, Discussion RE: Cist (off Tubman Road) In 1988 the property off Tubman and 137 was a large parcel. Plan to subdivide was endorsed and 8 lots were established. Gardner Road with a cul-de-sac. The road was never constructed. In 1991-92 Lots 4-5-6 were combined into a single lot. (Parcel 9). The subdivision was modified; waiving the road construction...Mr. Cist would like to re-instate the subdivision. The simplest the Planning Board could allow is to revert back to original and in addition reinstate existing covenant so road had to be constructed. Abandon single lot 9, return to 3 lots. Henchy-was the first an ANR Malo- No, a modification. Henchy- how big are the lots? Malo- 60,000, 60,000, and 70,000. Henchy- reconstitute the road? Paper or build????? Malo- approved in 1998, revisit design, 40' wide paper, with 18-20 paved berms. Henchy-waiver on short road. Bugle- originally 7 or 8 in the subdivision? Malo-I think 7 Bugle- size of the subdivision is one lot smaller Remy- all 3 lots meet minimum lot size there is no problem. Do you think we can do this? Malo- Bill O'Brien (Singer + Singer) thought this could be done legally. Taylor- are we going to end up with a new plan? Showing what you want. Malo- If the road is constructed there is no reason for this change. Taylor-Planning Board has the 1991 plan on record, need a new plan with all subdivision regulations? Malo-No Planning Board Meeting Page 3 of 6 02-21-07 Henchy- full blown modification of subdivision. Has anything been constructed on the top 3 lots? r- at least one. Henchy- subdivision modified; all owners and their lenders must be notified and approve. Any problems with 1-2-3 and their lenders regarding reduction in value? Pierce- when the original was made they expected 3 lots. Rescind the 1991 plan, new application for subdivision. Legally that would be the simplest. Bugle- still needs approval from those 1-2-3 and 7/8. Henchy- 1991 to now they have had 3 houses on that lot Malo- approved in 1992, not changed until 1997. Henchy-subdivision precedent (Ruddy Duck) land beyond -land locked. We have a legal opinion. Malo- times when plans referred back to prior plans. Unclear-can that approach be applied to a subdivision? Taylor- these lots don't exist anymore. Malo- not a legal way to get back Taylor- called a Modification Malo- inclined to go for a modification Henchy- can't endorse an ANR Pierce- not an ANR Taylor- modification needed Malo- new survey must be redone, not a redraw. Was Gardner Road changed to Thatcher Road? Henchy-consider name change after consult with Fire Department. Pierce- new subdivision with name change Henchy- Fire Department responsible for name changes, we approve. 8:30pm 40B APPLICATION REVIEW -HABITAT FOR HUMANITY, Slough Road at James Burr Road, Map 51 Lots 9-6, 9-7, 9-8 and 9-9. Copies have not been sent to all Planning Board only one copy per Department. Henchy- gave a brief overview. This project will be opened with the ZBA on February 27th. Land was taken by the Town for taxes. There are waivers requested for 4 single family homes on 1 acre of land. Off street parking. Pierce- do we have regulations on parking. Henchy- water quality will review this project as well as all other Departments. Planning should weigh in on this too. Pierce- 4 houses? Planning Board Meeting Page 4 of 6 02-21-07 Bugle- what do they call affordable? Freeman- 80% of medium income of the county. Bugle- 40B, when they sell the lots are there restrictions on resale? Freeman- YES, they remain affordable in perpetuity. Henchy- waivers specified 179.35 A+B Pierce- what are the possibilities of our input Taylor-we can comment Remy- what can we comment on? Can the book be circulated? Freeman- comments in writing to the ZBA, use as a basis for discussion and decision, come to the meeting. Henchy- we will do our homework and return comment. 9:OOPM WARRANT ARTICLE DISCUSSION (numbered from Draft #4) #26 WETLANDS CONSERVANCY-pulled #27 WIND TURBINES- committee working on for Fall??? #28 ROW COMMERCIAL #29 GROUND WATER PROTECTION DISTRICT #30 AFFORDABLE APARTMENTS #31 AFFORDABLE HOUSING BY RIGHT #32 SUBDIVISION SIGN REGULATIONS #33 TOWN EVENTS SIGN REGULATIONS Bugle- problem with process, too long, people don't plan ahead and it becomes a hardship to acquire the sign they need in time. Henchy- too long a process Pierce-unrealistic Bugle-Selectmen will field complaints Henchy-leave at 50 feet Remy-leave it there Henchy-shorten the process. Bob will draft a proposal for next meeting. #28 CITIZENS PETITION Pierce-scary, this would allow putting houses on 20,000 s.f. lots throughout all the VB districts. It doesn't sound right. Henchy- put in front of the Town, if that is what they want. Should we support or not? Planning Board Meeting Page 5 of 6 02-21-07 Pierce- all VB land would be taken up with houses on small lots. Bugle-NO Remy-NO Taylor-NO Pierce-NO Henchy-NO Freeman-ZBA does not support as well FURTHER DISCUSSION Warrant to the printer by March 15 • Draft approval for Public Hearing March 14th PUBLIC HEARING Must be advertised with text Amend subdivision sign code Henchy-when Pond Oaks came before ZBA many signs were shown to be much larger than code Freeman- they applied for 18 s.f., Board approved 12 s.f. with set backs, ZBA has talked about 8 s.f. Henchy- neighborhood signs are useful, 3 x 3 or 9 s.f. seems reasonable. Pierce- 8 or 9 is good Henchy- 6 s.f. is too small, like to see 8 or 9 Bugle- 9 seems appropriate Remy- 9 OK Taylor- up to 9 Freeman- that seems about right Motion to adjourn made by Pierce, second by Remy. All vote AYE Respectfully submitted, Planning Board Meeting Page 6 of 6 02-21-07 ~r ~ . Ma jorie Pi ce/Clerk