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HomeMy Public PortalAboutPlanning Board -- 2007-06-27 Minutes~~ ` Y"E.4DEN B`44 .t~ s' ? ~ 2 f Na~ 3~~ - - 9~a O a~ `s+a, Date Approved: August 8, 2007 Vote: all AYE Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 TOWN OF BREWSTER MINUTES OF PLANNING BOARD Wednesday June 27, 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, Cabezas, Tubman and McMullen. LEGAL HEARING Modification to CORRIDOR OVERLAY PROTECTION DISTRICT - #COPD 2007-05 -Applicant/Owner; Bennett & O'Reilly/McGinnis - to eliminate the permitted structure which was to be used for residential purposes. Located 2750 Main Street, Assessor's Map 14, Parcel 61. Present for the Applicant- Duane Landreth, LaTanzi Spaulding & Landreth. Sitting on the hearing were members: Henchy, Taylor, Tubman, McMullen Pierce and Cabezas. Chairman Henchy opened the hearing June 27, 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. Landreth: Presented the application. Mr. Landreth mentioned that the purpose of the apartment was to provide housing for the McGinnis'. However, the house next door became available and they are using that for their residence. Mr. Landreth was before the board based on a recommendation from the building commissioner that the special permit be cleared of the residence. Mr. Landreth felt that the removal would decrease the intensity of the use of the property, decrease the trip, decrease the parking requirements, and reduce the septic needs. Henchy: Asked if the Planning Board had any issues. - No comments/issues Motioned to close to public input. The Planning Board will draft a decision and review and approve at the next meeting. Taylor motioned to approve the application and the decision at the next meeting. Tubman seconded. All vote AYE. LEGAL HEARING -SUBDIVISION PLAN #2007-13 -Applicant: Brad Malo, Coastal Engineering Co./Owner: John David Cist; Located Gardner Road off Tubman on Assessors' Map 26, Parcels 60-4. Proposed Definitive Plan for 3 lots. Planning Board Meeting Page 1 of 4 06-27-07 Present: Myer Singer, Brad Malo, Coastal Engineering Co. Singer: Presented application and plans. They would like to address the 3 waivers requested; 1. Waive the required road shoulders, 2. Waive the sidewalk construction; 3. Waive of 3' for proposed lane width (11' required, 8' wide lane provided. Henchy: would there be berms on the edge? Would there be catch basins installed? Would there be a street light at the entrance? Malo: yes, they would provide berms unless the Planning Board would waive the pavement. Yes there would be catch basins. And yes there would be a street light at the entrance. Singer: The map shows one lot and they would like to make 3 lots. Covenants are being prepared and could be left for the Board to review. Henchy: Who will have the fee on the front part of the road? Singer: The fee for the road will go with the owners. Each owner would have a 1/3 responsibility. They will add a paragraph to the Covenant regarding the joint and sole responsibility for the maintenance. Taylor: Would users have an easement to use the road and would the utilities be buried? Malo: Yes to the easement and the utilities being buried. Taylor: So, you are requesting a waiver of the 22 foot width to 16 feet with no shoulders? Singer: Yes, because there will only be 4 houses using the road and there should not be a lot of traffic. In fact, there may only be 3 houses using the road. The Ushers, current neighbors, may have a driveway off Tubman and would not need to drive on Thacher (Gardner Rd.) Henchy: If you propose to change the road name then the fire dept. must be notified. Henchy, then read the department reviews. The water department, in particular, had a few comments. Malo agreed to talk with the water dept. directly to resolve the issues. It was noted that the DPW and the fire dept. had not provided comments yet. Henchy: Then opened the floor to the public. Castilano: an abutter was concerned that the circle may be on their property. Malo: assured them that it was not the case -there are concrete bounds out there and nothing is on their property. Castilano: will the space between the property and the road need to be cleared? Henchy: According to the Bylaws, a 40 foot right of way has to be cleared for the layout of the road. Only 16 feet are to be paved and the balance has to be cleared. Castilano: where are the regulations that say this? Henchy: the bylaws are on-line and can be reviewed Castilano: wanted to know why they had not be notified? Sci: The Assessors provided a list and those people were notified. Apparently, the list provided people within 65 feet. Taylor: we need to check with the assessor's office and determine what criteria they are using to pull the records Planning Board Meeting Page 2 of 4 06-27-07 Another Abutter made the following comment: the grade of the proposed road appears to be higher than the grade on Tubman Road. The abutter wanted to know if this would result in more water going down to Keith Lane. The run off from Tubman is causing Keith Lane to have big drainage issues and if you add another road how will that impact the situation. Will another road relieve some of Keith Lanes water issues or will it add to the roads drainage problems? The abutters would like to have comments from the DPW. Henchy: Recommended that the Keith Street property owners set up a meeting with the Selectman to see what can be done with the drainage issue because Tubman Road is a town owned road. Kenny (an abutter): Where will the hydrants be located and where will the houses be located? Malo: The placement of the hydrants is up to the fire dept. and it is too early in the process to know where the houses will be located. The setbacks are the only thing established at this point. Perry (an abutter): was concerned with the 40 foot clearing. Do you really have to clear now even though no lots have been sold? And if the area does have to be cleared then who handles the maintenance? Henchy: the rules say it has to be cleared -they don't say it has to be maintained. However, if the abutters would like to petition the town they might be able to change or add a maintenance rule. Castilano: Doesn't understand why a developer would clear the area but then not be responsible for maintenance. Malo: tried to re-explain the necessity of clearing the road -for one main reason, utilities need to be brought in and they would need to be able to access the cable/pipes for repair/maintenance work. Pierce: Stated that the Planning Board would not sign off on a road unless the board does an inspection. The buffer area would need to have good loam and seed placed as outlined in the bylaws. Taylor: the developer could provide planting strips - 4 feet off of the pavement. The developer could add trees and bushes after utilities are installed. Perry (an abutter): His main concern was of clearing trees. He didn't want to devastate the ecology any more than it required and was very concerned about unnecessary clearing. Tubman: referenced section 290.24 of the Rules and regulations regarding protection of natural features and the preservation of trees. She also referenced 290.15 regarding planting strips and the requirements Jones (an abutter): the clearing is all based on the road being paved. He indicated that Tubman Road is causing big problems on Keith Lane. Ideally, he would like to see the grade of the proposed road be lower. That way this new road could help to absorb some of the water. Malo: There will be 4 catch basins on the new road and this should help the situation on Tubman. It was noted that there were some possible drainage corrections that needed to be addressed and the Planning Board agreed to continue the hearing until the July 25th meeting. Jones: Anything that adds water to Tubman should be denied -however, he recognized that the applicant did have the legal right to go forward. Singer: would like the Planning Board to request the road be built under the subdivision Rules and Regulations. Henchy: Re-read the request for waivers. Based on the discussion before the Board, there would not be a waiver on shoulders. In addition, the roadway would need to be constructed as outlined in the Rules and Regulations section 290.27 -the center line of such roadway shall coincide with the center line of the road's right-of way. Planning Board Meeting Page 3 of 4 06-27-07 Pierce: Motioned to continue to July 25th. Tubman second. LEGAL HEARING Continuance CORRIDOR OVERLAY PROTECTION DISTRICT - COPD #2007-11 -Applicant: Flaherty - Located at Lot 6, Independence Way, Assessor's Map 27, Parcel 2101-6. Proposal to construct a three bay commercial building with attached ground level one bedroom apartment. Present Applicant: Kevin Flaherty Pierce: left meeting Flaherty: presented revised plans There was a discussion concerning landscaping and a requirement that the invasive species be removed from the plans. In addition, the applicant submitted a revised plan which included a catch basin. There was a further discussion concerning the color of the building. The applicant provided a brochure. The Board voted to have the Planning Board Clerk draft a Special Permit Decision with Conditions, to be voted on at the July 11, 2007 meeting. Continuance Subdivision Plan #2007-10 -Applicant: Merchant -Proposed subdivision "Newcomb Knolls" - definitive plan submitted for 16 conventional lots -located off AP Newcomb Road on Assessors' Map 36, Parcel 1 & 5. Present: Bob Perry for applicant The Planning Board reviewed the revised Decision and asked for a separate covenant. The Board felt it would be cleaner and provide better instruction for future reference. Motion by McMullen to approve Decision and covenant with modifications noted. Second by Cabezas. All vote Aye. Motion -Tubman to adjourn Second -Cabezas Vote 5-0-0 Respectfully submitted, '~ Marjorie Pi rce/Clerk J nne i/Administrative C erk tiv: i ~d 9 l J(1 Lo. -~ - Planning Board Meeting 06-27-07 Page 4 of 4