The URL can be used to link to this page

Home My Public Portal AboutPlanning Board -- 2008-02-27 MinutesAllard: Mr. Allard recalled having a meeting with Chief Koch, Bob Bersin and Walter (owner of Millstone Liquor) and they discussed the intersection. However, Mr. Allard does not remember if Walter ever agreed to closing off his driveway. Henchy: Traffic has been an on-going issue at this intersection. In addition, the speed of drivers turning off Rte 137 is an issue. He further mentioned the most recent accident that occurred at this intersection. Allard: In relation to this accident, no one was going into our parking lots. The driver of the truck was going too fast and tipped over due to speed. Both the Liquor Store access and the Allard access are very visible and nothing is in the way of the sight line. Henchy: Approximately, how many cars travel in and out of your property? Allard: Right now there are about 5 cars going in and out resulting in 20 cars per day. Henchy: How many cars go into Millstone Liquors? Allard: could not be specific but confirmed that there were many, many more. Henchy: Asked Mr. Allard if he could put up a no left hand turn sign and try to drive people through Millstone Liquor parking lot out onto Rte. 137. Taylor: Asked if there were specific regulations that prohibited driveways within a certain distance? And if the Board were to ok this access then wouldn't Mr. Allard need to obtain a variance? Allard: Noted that Millstone Liquors attempted to close off their access to determine the effect on their business. Millstone put up tape to close off the entrance but it caused people to drive all over the grass and this became an issue. McMullen: The intersection has been a problem and didn't feel that it was Mr. Allard's issue. Mr. McMullen felt we should modify the permit as requested. Tubman and Pierce: Agreed with Mr. McMullen. Tubman: According to Section 179.67 - it states that a distance of 120 feet is required between driveways. Henchy: Asked Mr. Allard if he could recall the outcome of the discussion with Chief Koch and Bob Bersin. Allard: He thought they discussed redesigning the intersection to require a true turn and that the island was going to be lengthened northward to prohibit a left hand turn out of Millstone Liquors onto Millstone Road. Henchy: Can the Board waive the drive way distance requirement? Pierce: we can modify the standards if it is viewed in the best interest of the Town. Henchy: Mr. Allard you have also asked to eliminate the light poles in the rear of the parking lot. Allard: I made this request because they aren't necessary and the neighbors would prefer less light. Henchy: The bike rack modification is not necessary because Mr. Allard has already installed the rack. Henchy: Discussed the additional asphalt requirement and noted that it would be put down when the weather warms up. Allard: Agreed -they plan to take care of this in the spring. Henchy: You have asked to move the sign. Planning Board Meeting Page 2 of 4 02-27-08 Allard: HDC has ok'd and the building commissioner has ok'd - I just wanted to clean up the permit and make sure everything matches. Singer: Mr. Myer Singer, attorney for Walter Butler, submitted a letter to the Planning Board on his client's behalf. The letter is for the record and didn't need to be read. A copy was provided to Mr. Allard. Essentially, Mr. Singer pointed out that the intersection design is the key issue here and not the access. Mr. Butler never agreed to closing off his access and does not want his parking lot to be a common driveway. Mr. Butler has never changed his opinion on this subject. Mr. Butler tried closing off the access and determined that if that occurred it would have a significant impact on his business. Tubman: If the Town redesigns the intersection and the island comes down past the Liquor store access then how does that impact Mr. Butler? Allard: Mr. Butler's customers would have to take a right hand turn on to Millstone or exit via the Allard access or Rte. 137. Henchy: Would Mr. Allard allow Mr. Butlers customer to use his access? Allard: Did not see aproblem -some people do that now and it is not an issue. Taylor: Was very concerned that two Town Departments had serious concerns about this intersection and she didn't feel comfortable with approving this modification until we had a further hearing with these representatives present. Henchy: Suggested that the hearing be continued until Chief Koch and Bob Bersin could be present. McMullen: Motioned to continue the hearing to April 9th. Second by Tubman. All Aye LEGAL HEARING # 2008-03 -Modification of Subdivision Plan #2007-10. Applicant: Jay Merchant; Located off A.P. Newcomb Road on Assessors' Map 36, Parcels 1 & 5. Proposal to modify existing 16 lot subdivision plan to a 16 lot "cluster" subdivision. Present for applicant: Jay Merchant Merchant: Presented his modification for a cluster subdivision. Mr. Merchant has requested this change because of high road costs, the real estate market, and the difficulties he has had from NStar. This "cluster" approach was what the Planning Board had originally asked for. Henchy: The plan shows just 50% open space and that includes the NStar easement. Taylor: Would like the Board to consider the easement as open space because wildlife lives in this area. Further, the space could provide for a garden or recreation area. Finley, an abutter: wanted to know how this affected her property and would there be more traffic? Henchy: Showed Ms. Finley the plan and informed her that there would be no increase in traffic. Mr. Merchant is still showing only 16 buildable lots. Henchy: Read the department reviews and then opened to the Board. Tubman: would like to see the details of the "cluster" subdivision. Taylor: loved the plan Henchy: opened to the floor - no further comments. Planning Board Meeting Page 3 of 4 02-27-08 McMullen: Motioned to approve the preliminary "cluster" plan and send a letter to ZBA showing the Boards support. Second by Pierce. All AYE. Public Hearing: The Public Hearing is being held for consideration of the Zoning Bylaw to be submitted as an Article on the Town of Brewster's Spring Town Meeting Warrant on May 5, 2008. The proposed modification to the Zoning Bylaw amendment is as follows: To see if the Town of Brewster will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 (The Zoning Bylaw), by CHANGING the word "four (4)" in Section 179-51 (A-3) to "five (5)". - This change is necessary to comply with Massachusetts General Law 40-A Henchy: Opened to the Public - no comments. Pierce: Moved to accept this revision and forward to the Spring Town Meeting. Second by Tubman. Vote: All Aye 5-0-0 Application for Endorsement of Plan Believed Not to Require Approval -ANR# 2008-05 -Applicant: Timothy A. Grover, Trustee Dag Realty Trust; Located on north side of Freeman's Way and consisting of 29.7+/1 acres, on Assessors' Map 45, Parcel 35-0. Lot 1 is to be conveyed to and combined with the abutting property owned by Douglas Grover and Ruth Grover of Blue Spruce Realty Trust. Present for Applicant: David Little, Ryder & Wilcox Tubman: recused herself from the hearing. Pierce: Asked why the applicant was requesting this ANR. Henchy: Looks like they are swapping the ownership of the parcels. Little: The Grover's are doing "housekeeping" -Lot 2 is in the industrial Zone and Lot 1 is in residential zone Henchy: is this a DCPC issue? Taylor: Doesn't think the Board can hold up an ANR because this is not a permit Pierce: Will this become a buildable lot? Little: He can't say for certain if the lot will be buildable. Tubman: Will the Board be getting another plan that shows the lot lines having been expunged? a ~' c~ _ Little: No -this plan will take care of that. air McMullen: motioned to endorse the ANR. Second by Pierce. Vote: All Aye. ~ J McMullen motioned to adjourn. Pierce seconded. ~i m All AYE ~~ N Respectfully submitted o rid .Pierce/ClerlF, e ~ci/Admin Planning Board Meeting Page 4 of 4 02-27-08