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Home My Public Portal AboutPlanning Board -- 2008-05-28 Minutes~~~~\\\.,.Q a E W S ..,,,~/iii (~ v s+E p R r~ m D ~f o 9,,;t~~ =2°'1 ~ ~ ~ a' ~~ - srD ~O ~ - =~~'~ y. ~ ~ i~ u i i i u r n r r i i u i u ti ti u ~~~~~~~\ ~~ Date Approved: July 22, 2008 All Aye. 5-0-0 Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 TOWN OF BREWSTER MINUTES OF PLANNING BOARD REGULAR MEETING Wednesday May 28, 2008 7:00 P.M. Brewster Town Office Building Chairman Henchy convened the Planning Board meeting at 7:00 pm in the Brewster Town Office Building with members Taylor, Pierce, McMullen, Tubman, Bugle and Robert Barnard. Reorganization of Board Chairman McMullen: Motioned for William Henchy to remain Chairman. Seconded by Pierce. Vote: All Aye 6-0-1 Mr. Henchy abstained from the vote. Vice Chairman Pierce: Motioned for John McMullen to remain Vice- Chairman. Seconded by Tubman. Vote: All Aye 6-0-1 Mr. McMullen abstained from the vote. Clerk McMullen: Motioned for Marjorie Pierce to remain Clerk. Seconded by Tubman. Vote: All Aye 6-0-1 Ms. Pierce abstained from the vote. Chairman Henchy opened the hearings May 28 2008 by reading the legal advertisements 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 hearings any member of the Board or interested party could direct questions through the Chairman to a speaker relating to the proposal. CONTINUED -LEGAL HEARING #2008-02 -Modification of Special Permit #2006-06. Applicant: Steven D. Allard -Located at 1273 Millstone Road, Assessors' Map 42; Parcel 14-102. Proposal to allow a driveway access on lot and remove the requirement to have Millstone Package Store close their entrance. In addition, proposal to modify lighting plan to reduce the number of required light posts. -Review draft decision Present for applicant: Steve Allard and Kathy A brief discussion regarding the decision occurred. Mr. Allard noted that he was in the process of preparing the easement for Mr. Butler. However, he was having a land court issue. As soon as that was resolved he would be able to file the easement. Mr. Henchy read in the proposed easement language which was Planning Board Meeting Page 1 of 4 05-28-08 acceptable to the Board. It was also noted that for future potential tenants, Mr. Allard would not need to file a modification but would need to submit a letter stating who the tenant was and the nature of the business. Pierce: Motioned to approve the modification to the Special Permit. Seconded by Tubman. Roll Call Vote: William Henchy Aye Elizabeth Taylor: Aye John McMullen Aye Robert Bugle: Aye Marjorie Pierce Aye Amber Tubman: Aye Robert Barnard Abstained CONTINUED LEGAL HEARING COPD #2008-10. Applicant: Wayne Roberts/Karen Marston/Owner: Robert & Patricia Rabin -Located at 2421 Main Street, Assessors' Map 15; Parcel 75. Proposal to open an antique shop, no service, no menu, open weekends and weekly by chance or appointment. -Review draft decision. Present for applicant: Wayne Roberts and Karen Marston A brief discussion occurred regarding the draft decision and a few minor changes were noted. McMullen: Motioned to approve the proposal to use for an antique shop and the decision with the minor modifications noted. Seconded by Bugle. Roll Call Vote: William Henchy Aye Elizabeth Taylor: Aye John McMullen ~ Aye Robert Bugle: Aye Marjorie Pierce Aye Amber Tubman: Aye Robert Barnard Abstained CONTINUED LEGAL HEARING # 2008-08 -Modification of Subdivision Plan #2007-10 to a Cluster Subdivision. Applicant: Jay Merchant; Located off A.P. Newcomb Road on Assessors' Map 36, Parcels 1 & 5. Proposal for a definitive plan to modify existing 16 lot subdivision plan to a 16 lot "cluster" subdivision. - Reviewdraft decision and Covenant. Present for applicant: Jay Merchant and James Stinson A brief discussion occurred regarding the draft decision, covenant. In addition, Mr. Stinson submitted a proposed Declaration of Trust on 5/28/08 for the proposed subdivision. McMullen: Motioned to approve the "cluster" modification and the draft decision. Seconded by Pierce. Roll Call Vote: William Henchy Aye Elizabeth Taylor: Aye John McMullen Aye Robert Bugle: Aye Marjorie Pierce Aye Amber Tubman: Aye Robert Barnard Abstained LEGAL HEARING #2008-11 -Road Name. Applicant: Jay Merchant -Located at 1515 Freeman's Way, Assessors' Map 45; Parcel 35-1, 34, 72, 71. Proposal to name road going into the gravel pit. -Cape Sand Way Planning Board Meeting Page 2 of 4 05-28-08 Present for applicant: Jay Merchant and James Stinson Merchant: Informed the Planning Board that the fire department had requested the road name change. Henchy: Opened the floor to the Board. No comments. Tubman: Motioned to approve the road name request. Seconded by Bugle. All Aye. PUBLIC HEARING: 1. Amendment/Correct Utility Name (pg 22): To amend the Code of the Town of Brewster, Massachusetts, Chapter 290 (Subdivision Rules and Regulations), by CHANGING the word "Com/Electric" in Section 290-10 (D) to "NStar or the local electric company". Pierce: Motioned to approve the modification as written. Seconded by McMullen. All Aye. 2. Amendment/Correct approval/majority (pg. 22): To amend the Code of the Town of Brewster, Massachusetts, Chapter 290-10 G (Subdivision Rules and Regulations), by CHANGING the words "the Board shall take final action thereon, but not before receipt of the security specified in paragraph 290-10 K has been received. It may approve or disapprove said plan, as provided by statute." in Section 290-10 (G) to "majority of Board after receipt of bond or covenant, modification see statute in the vote of the Board." Bugle: Motioned to postpone the amendment. Seconded by Taylor. All Aye. 3. Amendment/Correct Meeting Day (pg 36): To amend the Code of the Town of Brewster, Massachusetts, Chapter 290 (Subdivision Rules and Regulations), by CHANGING the word "Tuesday" in Section 290-39 (C) to "Wednesday". Bugle: Motioned to approve the modification as written. Seconded by McMullen. All Aye. Other Business: 1. Minutes of Meetings 4/23/08 - McMullen: Motioned to approve the minutes with modifications. Seconded by Bugle. All Aye - 7-0-0 2. Review Town Planner Job Description A discussion regarding the job description occurred. It was suggested that Bill have an informal meeting with Charlie to discuss the Planning Boards comments. 3. Review status of Comprehensive Plan A discussion regarding the status of the unfinished comprehensive plan occurred. Ms. Pierce felt that the prior committee had made a major step in completing the plan. However, it got put aside. As the unfinished comprehensive plan stands right now, it would not require a whole new committee but someone should review Planning Board Meeting Page 3 of 4 05-28-08 and bring the data up to date. Ms. Pierce didn't think it would be a huge project and could be accomplished with the right staff person hired on to review. 4. Review outstanding Performance Bonds A review of the spreadsheet occurred. The 3 areas of particular interest were: a. Doeg/Harrison Hill Subdivision. The Planning Board clerk is to look into the status of the bond b. Greenland Pond Assoc. -need to determine if the available funds can be reallocated to the association in order to make a walkway. c. Yankee Drive -Road Inspection report needs to be done. Bob Bugle and Bill will look at the road. 5. Discussion: topics to be addressed for Fall Town Meeting a. Home Occupations -Bob Bugle will take the lead on this topic b. Signs -wait for the spring town meeting McMullen motioned to adjourn. Bugle seconded. All AYE Respectfully submitted, \ 4 n '~~i~~~ U/~ ~~ ~l Marjorie Pierce/Clerk Jay n ci dministrative Clerk 6ti: 6 d 9- ~fla 80. Planning Board Meeting Page 4 of 4 05-28-08