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Home My Public Portal AboutPlanning Board -- 2009-02-11 MinutesS yam' ~ ~ II /^ 3 r f ~ 0 u 9<~ N •1 ~. _ ~;~ //~~/~/,//// s8 Ps ati eo \\\\\~\~\\~ ~~ ~ I/ I ~ I l f f l I I l I t 111111 U 1\\ Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 Date Approved with changes: March 25, 2009, All Aye, VOTE: 6-0-0 TOWN OF BREWSTER MINUTES OF PLANNING BOARD REGULAR MEETING Wednesday, February 11, 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, Tubman, Barnard and Bugle. Chairman Henchy opened the hearing February 11, 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. 1. PUBLIC LEGAL HEARING: The Public Hearing will be held for consideration of a Citizen's Petition of a Zoning Bylaw to be submitted as an Article on the Town of Brewster's Spring Town Meeting Warrant on May 4, 2009. The proposed Zoning Bylaw amendment is as follows: 1. All Terrain Vehicles (ATVs) To see if the Town will vote to prohibit the operation of All Terrain Vehicles (ATVs) within the Town's residentially zoned districts, and to restrict their use elsewhere in Town via Special Permit, and to amend Article IV, "Use Regulations", Section 179-11, Table of Use Regulations, of the Zoning Code of the Town of Brewster to include the following new wording under Sub-Section B, as a new subsection entitled "Recreational Uses -1. Operation of all terrain vehicles (ATVs)", as follows: Recreational Uses R-R R-L R-M C-H V-B I MRD CT WET 1. Operation of All Terrain Vehicles (ATVs) - - - S S S S S S The text of the proposed bylaw is available to inspect in the Town Clerk's office, the Planning Board's office, and online at the Town of Brewster's website (www.town.brewster.ma.us). Present for Citizens Petition: Martin Abrams, MD Henchy: Read the Citizens Petition for the record. He then asked Dr. Abrams to provide an overview. Abrams: Dr. Abrams provided an overview and a brief history on All Terrain Vehicles. Essentially this petition is being brought forward because of the following reasons: 1. Nuisance - He thought residents should be able to enjoy quiet on their property. 2. Safety concerns -The emergency rooms are filled with accident victims 3. Environmental concerns -pollution and conservation issues Planning Board Meeting Page 1 of 4 2-11-09 Dr. Abrams had spoken with many citizens who shared his concerns and thought that something needed to be done. Henchy: then opened the floor up to the public. Clifford from 753 Millstone: One of the points Dr. Abrams brought up was that high number of children were being injured. Mr. Clifford rejected this point. He didn't feel that a huge number of kids were doing this activity and if any children were riding then the parents should be responsible. Also, he felt that if a neighbor had an issue then the neighbors should try to work out the situation. Ellis from Bakers Pond Road: Stated that if people were riding down the street then that is against the law and the police should be called. He wanted to be able to enjoy himself on his own property and felt restricted usage in residential areas would be detrimental. He thought that if there were a designated area in Town to allow the kids to ride then some of the issues may be avoided. Donlan from Red Top Road: Mr. Donlan shared Dr. Abrams concern over safety. However, he noted that the Mass. Environmental Police have rules and regulations established for ATVs. If someone is riding illegally then it should be addressed by calling the Environmental Police. In addition, Mr. Donlan noted that many people use these vehicles for work (i.e. plowing) and to move things on their own property (i.e. brush moving). Cronin from Millstone: Ms. Cronin expressed concern over the emission of the vehicles and questioned whether the Environmental Police would be able to adequately patrol. Clifford from Governor Bradford: Felt that this recreational activity was far better than if a young adult were out drinking. Mathiasen from Governor Bradford: Suggested the activity of riding a bike instead of a motorized vehicle. She felt the riding was a nuisance and violated the noise ordinance in the Town. Romme from Proprietors Cartway: Had a few concerns over the way the petition was written. One issue was who would enforce a zoning bylaw? A second issue was what does an ATV mean? A third issue was if this passed then would the Town need to conform -the golf course and the schools use ATVs for maintenance. A final point was made that he used an ATV on his own property (over 10 acres) to move materials. If this bylaw were to be passed then it would not be allowed and therefore it would become a hardship. Sperry from Archie's Cartway: Noted that her mother uses ATVs to manage her horse farm and the vehicle is essential. Ms. Sperry also felt that her driving skills had improved because of her experience on riding a dirt bike and a motorcycle on her property. Representative from the Environmental Police - He noted that one can not ride on other people's property without their consent. He further outlined a few of the basic regulations. He stated that riding on Private Roads was somewhat of a grey area because they were private. As far as power lines go, you can ride the length if you have the property owner's approval. He wanted the public to know that they were currently the authority that could enforce the rules. Henchy: Provided an overview of the process. The Planning Board was required by State regulations to hold a public hearing on a citizen's petition relating to zoning. The Board would hear the public's opinion and then they would vote to endorse the petition or not. The Petition will go to Town Meeting either way and then the Town will vote to approve or not. Budreski an abutter from Gulls Way: Pointed out a few issues: 1. recognized that some people use ATV's for work on property; 2. wondered if dirt bikes and motorcycles applied to this petition and; 3. felt there was a noise issue with the vehicles. Kaiser: Noted that he had problems with ATVs in the past. He worked with the environmental police and found them to be very helpful. He felt there were enough regulations on the books and was not in favor or adding another. Henchy: Opened the floor to the Board. Planning Board Meeting Page 2 of 4 2-11-09 Barnard: He thought the kids should be able to ride on their own property and agreed that this was a good source of recreation for the kids. Further, he was concerned about limiting usage for people who live on large properties. Taylor: Thought this was a personal property issue and not a zoning issue. She was concerned about enforcement and the fact that we aren't enforcing what we have on the books now. Leven: Pointed out that no other Town on the Cape has figured out the answer to this problem. In Harwich, there was a great deal of discussion on how to co-exist. Pierce: Agreed with Ms. Taylor on the enforcement issue. Ms. Pierce also wondered if you could legislate safety. Overall, she felt this article wouldn't work. Tubman: Pointed out that she uses an AN on her property. A neighbor had a concern over the noise and they sat down together and negotiated an arrangement that worked for both parties. Henchy: He expressed sympathy for the issues brought forward but did not believe this was a zoning issue. He again reiterated that the Board would only be voting to endorse or not at this hearing. Bernouski from Long Pond Road: He stated he has lived here for 50 years and he uses AN's on his property for the past 30 years. He was upset about people telling him what he can do on his own property. Cronin: Expressed concern that she can't walk on the bike path without breathing in fumes from the ANs. Romme from Great Fields Road: Felt that AN should be defined. He also stated that he works over at Sweetwater Forest and uses AN's on the campground to manage the property. He couldn't imagine trying to take care of the campground without an AN. Boehm from Gulls Way: wondered if there was a way to differentiate between people that use for work vs. recreation? Henchy: At this point, you would need to make any changes to the article on Town meeting floor. He reiterated the concern over enforcement and if you were to differentiate it would be even more difficult to enforce. He then stated that the Board had heard enough and was ready to take a vote. ROLL CALL VOTE: William Henchy: NO John McMullen: NO Elizabeth Taylor: NO Robert Bugle: NO Marjorie Pierce: NO Robert Barndard: NO Amberlyn Tubman: NO 2. RELEASE FROM COVENANT: Robert Doeg, Assessors' Map 21, Parcel 82-1. To release of the Agreement and Covenant for the Harrison Hill Subdivision. Present: Robert Doeg A brief discussion occurred. It was noted that a maintenance bond would need to be provided, as noted in the Town's Subdivision Rules and Regulations. Pierce: Motioned to secure a maintenance bond. Seconded by Tubman. All Aye. Pierce: Motioned to release the final lot as soon as the Town receives an acceptable maintenance bond. Seconded by Tubman. All Aye. Planning Board Meeting Page 3 of 4 2-11-09 3. APPROVAL NOT REQUIRED: ANR2009-05: Applicant: Peggy Gittinger, Owner: Marion H. Eckhardt (Estate of Marion H. McClintock) Assessors' Map 26, Parcel 95. To divide 1 lot into 4 lots. Present: Terry Warner Prior to the discussion, Ms. Tubman mentioned she had a brother who worked with the applicant. However, she didn't feel there would interfere with her decision. Warner: Provided an overview of the application and the plan. A brief discussion occurred and no one from the public commented. Barnard: Motioned to endorse the Plan. Seconded by Pierce. All Aye. 4. LEGAL HEARING for Road Name Change #2009-03. Applicant: Town of Brewster -Located at 0 Edwards Drive, Assessors' Map 20; Parcel 23. Proposal to extend the road name of Pine Hill Drive through to Edwards Drive. Mr. Henchy read the comments from the Fire chief, Art Romme and a brief discussion occurred. Pierce: motioned to extend the road name of Pine Hill Drive through the unnamed section of the road through to join up with Edwards Drive. Seconded by Tubman. All Aye. Other Business: 5. Discussion with Sue Leven, Town Planner: A. DCPC status- Sue drafted a letter to the Cape Cod Commission requesting an extension. After a brief discussion it was determined that further regulations/bylaws needed to be drafted for the Fall Town Meeting. Some of the topics that need to be addressed are: Conservation Regulations, the Pleasant Bay Watershed, possible regulations relating to the shape and floor size of a building on a lot. Taylor motioned to support the letter. Seconded by Pierce. All Aye. B. Cape Cod Commission -Draft Vision Map: A brief discussion occurred. The desire to relocate the industrial zone was of importance. Looking at the land around the transfer station seemed like it may be an appropriate location. In addition, concerns over the use on Underpass Road -storage of materials was not envisioned for that area and it is not allowed. Mr. Staley agreed to draft a letter to property owners and request them to supply verification that they are allowed to do the activity on the property. The Board has a desire to re-zone that area for retail/sales. In addition, the Board would like to request an updated map from the Commission. The map should include street names. 6. Review Minutes of Meetings: December 3, 2008 and December 17, 2008: Tubman motioned to approve the minutes of December 3~d with modifications noted. Seconded by Pierce. All Aye; Pierce motioned to approve the minutes of December 12, 2008 with modifications noted. Seconded by Tubman. All Aye. 7. Review Draft Sand & Gravel Operations Special Permit Application: Due to the late hour it was agreed to discuss the application at the next meeting. Tubman: Motioned to adjourn. Seconded by Pierce. All Aye. Respectfully submitted, ,~ ~~ Marjorie Pierce/Clerk J nne ci/Administrative Clerk. _ . i:~:`? Planning Board Meeting 2-11-09 Page 4 of 4