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Home My Public Portal AboutPlanning Board -- 2007-03-28 Minutes3 x fi~ a~ ° ~ - -_ t`' ////~~~//~// ~FB. R P9 R ABp3 \\~~~~\\\\\\\ Date Approved: May 23, 2007 Brewster Planning Board ~"'~ 2198 Main Street ~ Brewster, Massachusetts 02631-1898 ~ (508) 896-3701 gREWSTER BICENTENNIAL FAX (508) 896-8089 O O TOWN OF BREWSTER MINUTES OF PLANNING BOARD Wednesday March 28, 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, Tubman were present. McMullen and Remy were absent. Minutes of the February 28, 2007 were accepted as corrected. Motion to accept by Pierce, Second by Bugle, all voted AYE. (5-0-0) LEGAL HEARING -DEFINITIVE PLAN SUBDIVISION - # 2007-07, Applicant/Owner: Mary S. Stripling Located at Bickford Path, Map 6 Lot 106-1, 106-2 and 20, Map 15 Lot 19-1 and 19-2. Request relief from requirements from road construction of Bickford Path. Present for the Applicant- Attorney Richard Perry, Mark McNevich, John Mostyn Sitting on the hearing were members: Henchy, Taylor, Bugle, Pierce, and Tubman. Chairman Henchy opened the hearing of March 28, 2007 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. Perry- explained the Modification of the original plan. Board many years ago. The covenant was released. extension being used, resolution-abandon Dune Road easement. Bickford Path also serves Sullivan lot. Open to Public Input Part of Sea Pines in 1948. Approved by the Planning William Porter, an Abutter, objected to the Dune Road extension, keep the cul-de-sac, and use Bickford Path Suzanne McInerney (Abutter)- 21 Old Cemetery Road -small portion of her property is encumbered. She hopes the Planning Board gives due consideration to the problems of this area. She will submit comments in writing. Bugle- no specific complaints have been given. Taylor- we need to know the issues, we may be making the decision tonight. Planning Board Minutes 03-28-07 Page 1 of 5 Pierce- what are the lots in the original subdivision? How did Sullivan get there? Henchy- Two subdivisions; 1948 SeaPines neighborhood. Perry- showed the 1948 plans (Steffens). Tubman- Bickford Path not shown on 1948 plan. Pierce- was Sullivan on the original subdivision? Perry- later, in the modification of 1978 plan. Pierce- how does this modify that? Perry- new plan only deals with Bickford Path. Pierce- where is Sullivan frontage? John Mostyn- Mr. Sullivan is a pan handle lot with frontage off Cemetery Road. Pierce- easement doesn't show in subdivision plan. Perry- yes. Pierce- Sullivan frontage is an issue, doesn't have 40 feet. Perry- panhandle of 40' at one time, Right of way predates. Tubman- when was Bickford Path constructed? Henchy- 1979. Mostyn- building permit in place for several years. Perry- rights deeded not owned by same individuals. Taylor- Three houses could use Bickford Path? Perry- yes. Mostyn- Mr. Porter's concerns are an issue. Henchy- how many have been using the road? Perry- Striplings-3 years, Cocorans-7years. Prior Striplings and Steffens used for parking and beach access. Peter Farber, an attorney who represents Bill Porter and the Greenberg's in Land Court action was concerned regarding legal access. Much better access to these properties. Titles show easement. Allows Porter + Greenberg's no road going through. Would like to have this approved. Ann Rommick (An Abutter) -only uses Bickford as access and doesn't use Dune Road extension. Planning Board Minutes 03-28-07 Page 2 of 5 Henchy- extension is closed to traffic, open for utilities only in this new plan McInerney- will file a written statement. Would like the PB to consider a continuation. Henchy - An easement exists for a long time, map shows frontage. Fire Department insists the road shall be maintained. Henchy- the Fire Dept. order, maintain the cul-de-sac. Taylor- the topographic map of the area shows totally flat, no conservation issues. Pierce- used to walk there and pretty flat. Mostyn- SeaPines -Hollow Lane in litigation, far from coastal bank. The order of conditions for driveway (been resolved). Taylor- what waivers are requested? McNevich- existing gravel path to provide access. Mostyn- no issues, when installed they met FD requirements. MOTION to Close to Public Input. MOTION by Pierce, SECOND by Bugle All -"Aye" Henchy- any reason to not approve. Taylor- not what we have been told. MOTION to draft Subdivision Modification as stated MOTION by Taylor, SECOND by Pierce. All -AYE Motion to Approve as submitted MOTION by Taylor, SECOND by Tubman All- AYE APPROVAL NOT REQUIRED - ANR #2007-08. Applicant/Owner: John + Jane Donlan, 116 Satucket Road, Map 37 Lot 33. To create a separate building lot. Present for the owner- Don Poole-Outermost Land Survey Poole- Red Top laid out in 1978, frontage on town road, formally the Bradford property Henchy- is this on the active or paper part of Red Top? Poole- the paper part, town laid out road Henchy- adequate access? Poole- yes Planning Board Minutes 03-28-07 Page 3 of 5 Open to Public Input MOTION to Close to Public Input. MOTION by Pierce, SECOND by Bugle All = `Aye" MOTION to endorse as submitted MOTION by Taylor, SECOND by Bugle. AI I"Aye" Informal Discussion John Mostyn, Informal Sign Review. Mostyn- This is regarding the Ocean Edge Links expansion. Introduced Bob Newman- new General Manager of Ocean Edge and Tom Devane. Further landscaping will be done to make the sign more visible. Increase illumination if desired. Henchy- sign off premises on Rte 137. Maybe a sign "Ocean Edge'/4 mile ahead"? Mostyn- we would have to acquire rights to place a sign like that. Victor has not heard any complaints. Henchy- is the fencing new? Mostyn- didn't want anything more dramatic. Bugle- have you considered removing the white fence and replace with black for viability. Devane- they thought the white would make the logo stand out. Taylor- nothing like this around town. Devane- new sign, new logo. Mostyn- tasteful Pierce- Logo makes it different Board consensus- OK-good design Vote: 5-0-0 Release of Performance Bond- Jeff Drown, Labrador Lane, Map 29 Bugle- berms not 18", no light on 6A at entrance. Road conditions fair Henchy- Road conditions pretty good Tubman- have they finished landscaping? Planning Board Minutes 03-28-07 Page 4 of 5 • Henchy- 22 feet width OK, 1 set of bounds at 6A not at the top Taylor- we should request Mr. Drown to see us. Bugle- no light waiver Henchy- grass was cut, catch basins full. Send a letter to Mr. Drown; did not pass inspection, check list, and appear before the Board Motion to adjourn made by Pierce, second by Remy. All vote AYE Respectfully submitted, w j / !A W ~ - Marjorie fierce/Clerk o~: o~d e- Nnr ~o. ~~ ~_.~ ~, ~ ~ ~, ~ i ~M3~8 Planning Board Minutes 03-28-07 Page 5 of 5