HomeMy Public PortalAboutPlanning Board -- 2007-09-12 MinutesLEGAL HEARING -Definitive PLAN #2007-18 -Applicant: D. Sloane and M. Wheeler; Located corner of
Old Long Pond Road and Morning Star Cartway on Assessors' Map 47, Parcel 12-1 C, 12-1 B. Proposal for a
Definitive Plan to define property lines for lots 12-1 B (labeled on Plan as lot 1 E) and lot 12-1 C (labeled on
Plan as lot 1 D).
Present for applicant: Richard O'Hearn, R.J. O'Hearn PLS RS; Owners: Dulcie Sloane and Mary Jane
Wheeler
O'Hearn: presented the application and the definitive plan. He noted that the primary reason for this review
was to straighten out some discrepancies that have occurred through previous ANRs. He had found that
some of the property lines needed to be clarified to reflect the road ways.
Henchy: Read the Department reviews and read the attached letters from the Building Dept. and the
Conservation Dept. Mr. Henchy then opened the floor to the Public - no comments. He then opened the
floor to the Board.
Taylor: Wanted to know what the Board was going to do about the illegal pan handled lot that would be on
the plan?
O'Hearn: He felt that when the ANR's were endorsed the pan handled lot included the road and which
provided over the 3 times land required. They are now just correcting the lot lines.
Taylor: Ms. Taylor felt the plan should have a note that stated it was in violation.
O'Hearn: Mr. O'Hearn didn't think that was necessary -the applicant is before the Board to correct a
mistake from 34 years ago. At that time they had the area required.
Henchy: Perhaps they could add language that stated: this was the best solution to a mistake of 34 years
ago and should be allowed to have a building permit.
Taylor: Thought that including that language was fine but it would not guarantee that the lot is buildable
because the owner would need to go to the Zoning Board of Appeals to obtain a variance.
Bugle: Suggested that they have a conversation with the Building Commissioner.
Henchy: Asked the applicant if they would be willing to continue the hearing to allow the Building
Commissioner to provide additional input. The applicant agreed.
Motioned by Taylor to continue hearing. Second by Tubman
Informal Discussion -Independence Park landscape requirements
Present for discussion: Casey Thomas, 5 Independence Way, Map 27, lot 2101-5
Joshua Walther, 43 Independence Way, Map 27, lot 2101-3
Donald Connelly, 44 Independence Way, Map 27, lot 2101-4
Taylor: Began the discussion with letting the owners know that they needed to review their special permits
especially as it relates to their landscape requirements. In addition, each permit noted that no outside
storage should be on the premises.
Thomas: Wanted to know how to solve the outside storage -especially when they have tenants who can
rent the building.
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Taylor: Suggested that they do a site visit and then they could address these issues directly.
Walther: Would they need to fence in the parking area around the apartment? Mr. Walther also, noted that
he didn't mean to offend the Board by not showing up to the previous meeting -however, he didn't receive
his letter until after the meeting. He noted his correct mailing address of: 43 Independence Way, Brewster,
MA 02631.
Taylor: Motioned to continue discussion and meet on-site at 4pm on the 18~h of September. Second by
Bugle.
Application for Endorsement of Plan Believed Not to Require Approval -ANR# 2007-19 -Applicant: C.
Scherzo, B. Hunt; Located at 227 Winslow Landing Road & 217 Winslow Landing Road on Assessors' Map
7, Parcel 38, 39, 40 & 37. To make an exchange of equal areas of land between lots 4, 5, 11, and lot 10 with
no change in lot size or road frontage.
Present for applicant: Linda Pinto, Bennett & O'Reilly
Pinto: Ms. Pinto presented the ANR and informed the Board that they would like to change the property
lines. The deck on one lot was built too close to the property lines therefore the owners would like to
exchange/swap land to allow the proper set backs. Both owners are happy with the swap.
Henchy: any questions from the Board - no comments
Motion by Bugle to endorse the ANR. Second by McMullen.
All AYE.
Application for Endorsement of Plan Believed Not to Require Approval -ANR# 2007-20 -Applicant:
Pleasant Bay Nursing Center Limited Partnership c/o Josh Zuckerman; Located at 383 South Orleans Road,
on Assessors' Map 45, Parcel 66, 67, 68 & 69. To adjust the location of a property line to allow for the
construction of the wastewater treatment plant building.
Present for applicant: Phil Scholomiti, Ryder & Wilcox
Scholomiti: presented the plan and informed the Board that plan was before the Board because the
applicant needed to adjust property lines to accommodate the revised sewage treatment building. Both lots
are currently owned by the same entity.
Henchy: opened the floor to the Board - no comments.
Motion by Bugle to endorse the ANR. Second by Taylor.
Vote: All AYE
Informal Discussion -John Harvey - 98 Harrison Hill Road Map 21, Lot 82: Mr. Harvey would like some
definition regarding a 4 foot stone retaining wall. Is it considered a structure?
Present for the discussion: John Harvey
Harvey: Mr. Harvey has built a stone wall outside the building envelope and inside the transitional area.
Apparently, Mr. Staley, the Building Commissioner wanted to make sure the Planning Board was ok with this
structure. Mr. Harvey presented several pictures to show the wall.
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Taylor: Reviewed the pictures and the color plan that had been prepared by Bennett & O'Reilly back when
this subdivision was developed.
Henchy: Shared the pictures with the Board and opened the floor to the Board. It was agreed by all
members that they didn't see any problems and felt that the wall was a structural necessity for the driveway.
Mr. Henchy stated that the Board would notify Mr. Staley of their findings.
Discussion -Proposed Zoning Bylaw amendments continued. -Please see work session minutes
Motion by McMullen to adjorn. Second -Bugle. All AYE.
Respectfully submitted,
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arjorie fierce/Clerk ,
a Sci/Administrative Clerk
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