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HomeMy Public PortalAboutPlanning Board -- 2009-01-14 Minutesp ;~ a9 .~ o F~ ,~ .~''~' ¢ 3:. a~ 3~ a~~ O _~~ ////~~~~~/// EB. Pg ~ 100,3 \\~~\\\\\~\\\\ Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 Date Approved with modifications: February 25, 2009. Vote: 7-0-0 TOWN OF BREWSTER MINUTES OF PLANNING BOARD REGULAR MEETING Wednesday, January 14, 2009 at 7:00 P.M. Brewster Town Office Building Chairman William Henchy convened the Planning Board meeting at 7:00 pm in the Brewster Town Office Building with members Taylor, Pierce, McMullen, and Bugle. Chairman Henchy opened the hearing January 14, 2009 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 hearing any member of the Board or interested party could direct questions through the Chairman to a speaker relating to the proposal. Informal Discussion: Robert Doeg, Assessors' Map 21, Parcel 82-1. To discuss the Agreement and Covenant for the Harrison Hill Subdivision. Present: Robert Doeg Henchy: Noted that Buggy Whip Road, the adjacent road to the Harrison Hill Subdivision, was in very bad shape. Doeg: Stated he had hired Northeast Construction and they had recently been out to the area and done some repair work. Bugle: Stated he had been out inspecting the road for 3 hours and had a conversation with Robert Bersin, DPW. The result of the inspection and the conversation was that the Harrison Hill Subdivision road was in great shape. The drainage was ok and the pavement was sufficient. He could not go left to inspect Buggy Whip. The Junction of Buggy Whip and Harrison Hill is the area of problems -the water appears to be coming down and under the pavement in that area. There are big drainage issues but he didn't feel it was a result of the Harrison Road subdivision. Mr. Bugle drove around the side streets and the condition of the side roads are terrible. Henchy: Opened to floor to the public. Peter Johnson from the Conservation Trust: Noted that he had spoken with Mr. Bersin. Mr. Bersin informed him that he had prepared a report on the road. Mr. Johnson asked to have that report read. Mr. Henchy read the memo as follows: Planning Board Meeting Page 1 of 6 01-14-09 Memo To: Jayanne Sci, Brewster Planning Board Secretary From: Robert L. Bersin, PE, Superintendent Brewster Department of Public Works CC: Charles Sumner, Town Administrator Sue Levin, Town Planner Date: January 14, 2009 Re: Harrison Hill Subdivision Pursuant to our recent discussions, this office made several visits over the past two years, to the Harrison Hill Subdivision off the Whiffletree Subdivision in the western section of Brewster. As I was not employed by the Town of Brewster during the approval process and most of the construction activity, I am relying on DPW file information in the preparation of this document. This review is based upon the following file documents items: 1. A plan set entitled "Definitive Subdivision Plan of Land in Brewster, Massachusetts, as Surveyed and Prepared for Robert K. Doeg, Jr., and Karen A. Hickey, dated November 5, 2003, submitted by Bennett & O'Reilly, Inc, 1573 Main Street, PO Box 1667, Brewster, MA 02631". The plan set also contains Plan and Profile Plans for proposed roadways and construction details. 2. Drainage computations from Bennett & O'Reilly, Inc, apparently submitted during the review/approval process, dated September 12, 2003. 3. Memo from Brewster DPW Superintendent Alan C. Tkaczyk dated August 5, 2003, which outlined departmental concerns of the project. 4. Email memo from Jayanne Sci, Planning Board Secretary requesting information related to the Agreement and Covenant requiring, among other things, an inspection of the access roads to the subject parcel. As mentioned above, there have been several visits to this subdivision over the past 2-3 years for various reasons, most of which concerned the access roads to the subdivision and the inherent problems throughout. Several visits were made to inspect the construction activity, one of which was with John O'Reilly, PE, PLS, the project engineer. The six lot subdivision is accessed from Buggy Whip Road which was rebuilt/extended from Bridle Path to the subject subdivision property, by the applicant. Based upon the above information, I offer the following comments: 1. I have been unable to locate any documents related to the condition mentioned in number 4 above related to apre-construction inspection of the access roads by this department. Such a document is not in DPW files and was not found in the Planning Office. As such, no comparison of the pre/post construction conditions of the access roads can be made at this time. 2. It is unclear if subsurface inspections were completed by this department, so I cannot comment on materials below the roadway surface. However, based upon visual inspection of the roadway surface, it appears proper construction techniques were employed. 3. All disturbed areas along the road edge have been re-vegetated and appear to be growing well. As the roadway is private, ongoing maintenance of the roadway edge is the responsibility of the owner(s) of the roadway. 4. Drainage structures appear to be in locations depicted on the plans and have been observed to be working sufficiently on several visits during rainfall. 5. The section of Buggy Whip Road, from Bridle Path to the subject property was improved as part of the project. Again, I did not specifically see the condition of Buggy Whip Road prior to construction activity, but based upon Buggy Whip Road on each side of the improved section, the work completed is a vast improvement. 6. Drainage from a small area of the newly paved section of Buggy Whip discharges towards the gravel section of Buggy Whip curving southwesterly from the project. Some of this runoff is from the existing driveway serving the property at #154 Buggy Whip Rd, which may have been present before construction activity. It is unclear how much drainage discharged from this area prior to construction for reasons stated elsewhere in this document. However, I can say that the southwesterly section of Buggy Whip has always been marginally passable in my tenure in Brewster. It is unclear to me if storm water runoff to this section of Buggy Whip was increased or not from the recent construction activity. If forced to take a position on the matter, I would say that Planning Board Meeting Page 2 of 6 01-14-09 the new construction work is not the primary cause of the erosion along this section of Buggy Whip Road. I apologize for not being able to attend this meeting. A previously scheduled family matter could not be rescheduled. I trust the above information to be adequate for your use at this time. Please review the above information and contact me with any questions. Johnson: Mr. Johnson noted that the trust had a considerable amount of land in this area and he agreed with Mr. Bugle that the Harrison Hill Road was in good condition. Mr. Johnson felt the problem was as it related to drainage. The drainage needs to be enhanced on the southwest side to handle runoff. Mr. Johnson expressed concern over the newly paved hard surface and the resulting eroding that is occurring at the bottom of the paved area. He felt that even though there has been improvement to the area it will end up eroding again because of the runoff. Bugle: Wondered if adding more gravel at the end would help slow the water flow down. Doeg: Stated that there was water coming from many places. He was not sure if a catch basin or gravel would be the solution but he felt that the road was better than it has ever been. He further stated that he had bought the property in 1994 and has taken care of it since. He has installed small gravel traps at the bottom to try to help but felt that in order to really address the drainage issue on the side roads DPW really needed to be involved. Johnson: Noted that during a conversation with Mr. Bersin a "self loading" system was mentioned. This type of a system would/could divert water on the side road and may dispense water to the side of the road. Mr. Johnson was unsure if that was the solution or not but he was willing to help the neighboring association with trying to solve the issue. Bowers, Brent, 144 Buggy Whip: Stated he had bought his property in 1998 and that the seller had done some improvements but felt the heavy truck traffic and water run off is causing the problems to his road. Doeg: Expressed concern for his situation and stated he would help pay for the road but he was not solely responsible. The rest of the subdivision was not maintained properly. Henchy: Suggested a possible way to address the poor road condition on Whiffletree and Buggy Whip was to go through a road betterment project. McCarthy: An abutter 154 Buggy Whip. Mr. McCarthy bought his property last year and somehow or other also became the president of the neighborhood association. He recognizes the problem and has spoken with neighbors but is not getting anywhere. Mr. McCarthy would like help from the Town to address the situation. He also stated that there are no road name signs indicating Buggy Whip. He was concerned that if emergency vehicles needed to get to his house they might not know how to get there. Henchy: Stated that Mr. McCarthy's subdivision was developed prior to our rules on roads was put together. Mr. Henchy agreed with Mr. McCarthy that the roads were in very poor condition. Mr. Henchy felt that the association should be able to get a majority of owners to recognize that the road needs improvement. The improvement does not have to come up to today's standards it just needs to be rebuilt to last 15 years. Mr. Henchy further noted that the priority for the homeowners should be to get the water off the road and then get the pavement upgraded. McCarthy: Would like to have some statement from the Town to back him up. Toolis: an abutter from 63 Whiffletree -agreed with the thought that they needed something from the Town in order to get the neighbors on board. Bowers, 144 Buggy Whip- He understood that the Town was doing road inspections in July. How soon after the inspection will the homeowners hear from the Town? Henchy: He thought the Town would be back to the homeowners relatively quickly because they will want this addressed. However, if an association was to go through the road betterment process it would probably take 1 - 1 '/2 years before the road work would begin. Planning Board Meeting Page 3 of 6 01-14-09 Johnson: Thought the big problem was on the south west section of the road and he would like to focus their efforts on that portion. He suggested that the neighbors get together to discuss and figure out a short term solution. However, Mr. Johnson also wanted to get back to the discussion regarding the status of the Harrison Hill subdivision. Henchy: Mr. Henchy felt that Mr. Doeg had met his obligation and has built a good road and concluded the discussion by urging the neighbors to get together to resolve this issue of the side roads. Informal Discussion: Pine Hill Road/Edwards Drive, Assessors' Map 20. To discuss the road layout. Present: Barbara Emery Emery: Provided an overview of the issue on Pine Hill Drive and Edwards Drive. Apparently there is a small section of the road that is unnamed and because of this the Town will not plow all the way through. The snow plows go to a point and then turn around. However the two roads connect and the Town's newly acquired conservation land was not getting plowed. Henchy: After a brief discussion, Mr. Henchy stated that the Board would send a letter to the DPW letting them know that it is an open way and the Town is in the process of naming the section. Mr. Henchy requested a legal hearing be set to name the un-named section Pine Hill Drive. APPROVAL NOT REQUIRED -ANR #2009-01. Applicant: Sandra Piantek and Mark & Sylvia Watson, Assessors' Map 34, Parcel 8 & 7. To correct error made on PL. BK. 285/35 and To survey/rec. plan for Deed BK. 1170/575 & 1569/33. Present: Peter Soule Soule: Provided an overview of the application and plan. Basically what he uncovered doing research was that there had been several errors on the recorded plans. Mr. Soule had gone through the deeds and believed he has straightened out the plan. The ANR before the Board should fix all the errors. McMullen: After a brief discussion, Motioned to endorse the ANR. Seconded by Taylor. ROLL CALL VOTE: William Henchy AYE John McMullen AYE Elizabeth Taylor AYE Marjorie Pierce AYE Robert Bugle AYE APPROVAL NOT REQUIRED -ANR #2009-02. Applicant: Judith M. Griffin, Assessors' Map 42, Parcel 32. Lot 1 B is to be combined with the adjoining land owned by Terry A. Ryder and Lot 1 C is to be combined with the adjoining land owned by Terry A. Ryder and Judith M. Griffin. Present: Phil Scholomiti Scholomiti: Provided an overview of the application and the plan. Basically the plan is before the Board in order for the family to do a swap of land. Bugle: After a brief discussion, motioned to endorse the plan. Seconded by McMullen ROLL CALL VOTE: William Henchy AYE Elizabeth Taylor AYE Robert Bugle AYE Planning Board Meeting 01-14-09 John McMullen AYE Marjorie Pierce AYE Page 4 of 6 CONTINUED LEGAL HEARING for Special Permit #2008-30. Applicant: John Eten -Located at 441 W.H. Besse Cartway, Assessors' Map 41; Parcel 52. Proposal to allow a medium scale wind energy turbine. Total Height of the proposed MWET is 130 feet. - REVIEW OF DRAFT DECISION After a brief discussion, it was noted that an appropriate quorum was not present. Bugle: Motioned to continue to the next meeting in order to have a quorum present to vote. Seconded by McMullen. All AYE. CONTINUED LEGAL HEARING #2008-08 -Modification of Special Permit #5014A. Applicant: Steven D. Allard -Located at 3937 Main Street, Assessors' Map 30; Parcel 13. Proposal to allow a massage therapy business in the basement. - REVIEW OF DRAFT DECISION After a brief discussion, it was noted that an appropriate quorum was not present. Taylor: Motioned to continue to the next meeting in order to have a quorum present to vote. Seconded by Bugle. All AYE. Other Business: 1. Review of letter from Steve Allard regarding new tenant for 1273 Millstone Road A review and discussion occurred regarding the proposed new tenant, Brewster Yoga and Massage. It was noted that the tenant anticipated the yoga class sized to be between 3-8 people and the Massages would have the average frequency of 3-5 per day. All clients will have their service on the first floor. Bugle: Motioned to approve the new tenant and the use for 1273 Millstone Road. Seconded by Taylor. All Aye. 2. Discussion regarding Planning Board Agenda for Winter/Spring 2009 A review of the updated Agenda occurred. It was agreed that the modification to the Home Occupation Bylaw would proceed in the Spring. A brief discussion regarding the piles of sand building on Underpass also occurred. It was noted that stockpiling in the CH zone was not an allowed use. The Board would like to have a discussion with Mr. Staley, the Building Commissioner regarding enforcement. Mr. McMullen suggested that the area should be re-zoned. A discussion revolved around the idea of a retail area and a possible Retail Sales (RS) zone. Further discussion will be needed. 3. Review of outstanding Performance Bonds 1. Pozzo, Richard Guardrails -Wood Duck Guardrails: - Mr. Bugle prepared a road inspection report. The report stated that no guardrails were present. The Board would like to request a cost estimate from DPW to obtain and install the appropriate guardrails. In addition, the Board would like to notify Mr. Pozzo of the missing guardrails and encourage him to take action, or the Town will have them installed on his behalf and deduct from the bond being held. McMullen motioned to write a letter to Mr. Pozzo. Seconded by Bugle. All Aye. 2. McShane -Clipper Village - Mr. Bugle presented his road inspection report. The front end of the subdivision is ok but as soon as you get to the where the road splits every 200 feet there is a utility cut. The utility cut has been poorly filled and is not acceptable. A brief discussion occurred and it was agreed that additional research was needed. Mr. Henchy agreed to contact a homeowner in the neighborhood and determine where the association was on this issue. 3. Greenland Pond: - Mr. Bugle was not able to view the condition of the road due to snow coverage. It was agreed that an inspection would be made in the spring. Planning Board Meeting Page 5 of 6 01-14-09 4. Review of MASS SEP Rule for outdoor hydronic heaters: - There was a brief discussion on this issue. No determinations were made. 5. A WQRC Alternate was requested: It was agreed that Robert Barnard would be a great candidate. Bugle: Motioned to adjourn. Seconded by McMullen. All Aye. Respectfully submitted, ~~ `~ / J.~ Marjorie P' rce/Clerk ~/ J nne ci/Administrative Clerk Planning Board Meeting Page 6 of 6 01-14-09