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Brewster Planning Board
2198 Main Street
'0~ ~E~ -~ ~~W~t~08) 896 3701 text 1331-1898
FAX (508) 896-8089
Date Approved with modification: December 3, 2008; VOTE: 6-0-0
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Work Session
Thursday, September 18, 2008 at 3:00 P.M.
Brewster Town Office Building
Chairman Henchy convened the Planning Board work session at 3:00 pm in the Brewster
Town Office Building with members Henchy, Taylor, Pierce, Tubman, McMullen and
Barnard
3:00 pm WORK SESSION #11 - To review and discuss the following:
1. Sand & Gravel Operations Bylaw
Present: Dave Bennett, Joanne Hughes, Don Keernan, Peter Johnson, Bob Bersin, Victor
Staley, Jillian Douglass, Paul Hicks, Ed Lewis, Paul & Steve Daniels, Jay Merchant, and Cindy
Grover
Henchy: Called the work session to order. A revised Draft Sand & Gravel Bylaw dated 9/17/08
had been prepared and distributed. Mr. Henchy pointed out that the changes incorporated the
comments from the last work session. It was noted that this revision would allow sand & gravel
operations on all lots in the industrial area provided the operator obtained a permit.
Bennett: Expressed concern over the wording on the grandfathering -the way it was drafted
could mean that all operations were grandfathered.
Douglass and Kernan: Expressed concern over allowing sand & gravel operations of unmined
parcels of land. They were very concerned that this bylaw does not do enough to protect the
drinking water. It was their understanding that sand & gravel operations were going to be
phased out in that area of town.
Henchy: felt that based on the input received allowing sand & gravel operations with a special
permit was the way to go.
Lewis: Was concerned about saying that any property out in the industrial zone could be mined.
He wanted to find a way to keep the bylaw moving forward. He suggested that perhaps new
operations could come in and provided they met the criteria then they could obtain a permit.
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09-18-08
Johnson: He was very concerned that the whole industrial area would be able to be mined and
felt allowing this should be reconsidered.
Taylor: Mentioned that the Cape Cod Commission may not support this revised bylaw. The
Commission was under the impression that the sand & gravel operations would be phased out
and therefore supported the bylaw. Ms. Taylor noted that by opening the door to the whole area
the town could be exposing an additional 200 acres to this activity.
Douglass: Suggested that issuing a license may be the way to approach.
Lewis: Brought the discussion back to what was the intent of the bylaw and since the operators
were willing to work with the town there needs to be a way for the town to regulate and the
operators to run their business.
Henchy: Brought forward the concern from the operators -about what happens to the operator
who currently owns land that is unmined but will not be able to if the restrictions are in place.
Johnson: Reiterated the comment made by Jon Witten that under zoning the town can legally
stop mining if there is a potential risk to the water.
After a lengthy discussion it was agreed that sand & gravel operations would be allowed on
existing parcels only. In addition, further changes were made to the draft. The revised draft
would be prepared and ready for the public hearing next week.
McMullen: motioned to adjourn. Tubman seconded.
All AYE
Respectfully submitted,
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Marjorie W. Pierce/Clerk
Ja nne ci/Administrative Clerk
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09-18-08