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Date Approved with modifications: June 10, 2009; VOTE: 7-0-0
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, April 8, 2009 at 7:00 P.M.
Brewster Town Office Building
Chairman Roben` Bugle convened the Planning Board meeting at 7:00 pm in the Brewster Town Office
Building with members Taylor, Pierce, McMullen, Tubman and Barnard.
Chairman Bugle opened the hearing March, 2009 by reading the first agenda item. He also informed the public
that he is an abutter to the Eddy School. Because tonight's discussion was just an informal with no decision
required he would be sitting in.
LEGAL HEARING for Modification to Special Permit. Applicant: H. Robert Maraghy, Jr. et ux Jill L.
Maraghy -Located at Martingale Lane, Assessors' Map 35; Parcel 14. Proposal to modify statement of
conditions to eliminate condition #3.
The applicant was not present. Mr. Bugle asked the Board if the road was up to town standards. It was
unknown. Therefore Ms. Taylor motioned to receive input from DPW and the fire department. Seconded by
Barnard. All Aye.
Taylor motioned to continue hearing to the next meeting to allow the applicant to be present. Seconded by
Barnard. All Aye.
Informal Discussion: Road Improvement to Crosby Lane -Greg Levasseur
Mr. Barnard noted that he lived on Crosby Lane and would like to recuse himself from the Board. Mr. Barnard
moved into the audience.
Present: Greg Levasseur
Levasseur: provided a history on the project. The BOS along with the DPW began the process of looking at Town
Roads to determine which roads needed repair. The DPW then established a priority list and began the
engineering on the top roads. Levasseur jumped in on this project about 1 year ago to assist the planning. The
BOS want to rebuild the road and thought it was the time to enhance the drainage and then repave. The
Engineering plan has accounted for an 18 foot paved road with 1 foot slanted Cape Cod berms to keep the water
on the road and prevent damage. Cosby Lane is currently staked out for an upcoming conservation committee
meeting.
Bugle: Stated he had been out and measured the road. He had determined that most of the way was 16 feet. He
also noted that the Planning Board has some flexibility with the road standards. The Board, if they determine it
appropriate, can decide the adequate width and waive the berm width requirement. Mr. Bugle then opened the
floor to the Board. No comments. He then opened the floor to the public.
Racely, resident from Hillbourne Terrace: She stated she had seen plans that accommodated an 18 foot road with
2 foot berms. This width would affect existing trees and she expressed her concern over the risk of their damage.
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Bugle: Noted that the Board, in the past, has had to deal with the safety of the trees. It is extremely important to
hire a contractor that will take this matter seriously and will be supervised adequately in order to maintain the
integrity of the trees.
Racely: Also, expressed concern over the road being straightened and the impact on the speed of traffic. She felt
that this would enable drivers to go faster.
Bugle: Agreed with the abutter and felt the Board would take this information into consideration when reviewing
plans.
Barnard, 10 Drake Way: Expressed concern that this discussion was too early and that not enough information
had been given/presented to the Board.
Pierce: This is an informational meeting and the opportunity for the residents to provide input on the roads.
Bugle: This is the time when everyone can learn what to expect from the parties.
Barnard: Stated that the current scenic road bylaw addressed the roads at the state level. At the local level the
standards could be opened up and relaxed if appropriate. Mr. Barnard felt this issue should be addressed Town
wide and not just for Crosby Lane. This is the time to do this right.
Bugle: The Board is trying to focus this issue and allow citizens to provide input.
Johnson, Stony Brook Road: Thought this meeting was the first in a series and is being handled appropriately. He
felt allowing the people to speak out regarding the process was important. Mr. Johnson thought the Town needed
to be sure they have safe roads and that the environment (wetlands) are protected. Mr. Johnson thought
developing a local scenic road bylaw would be a good way to address. He thought this would enable a good
communication process between all parties. Would the Board consider a 16 foot width with 1 foot berms? The
resident stated that some of the confusion occurred when dig safe put in flags without any notification to the
residents. Then the residents heard the possibility of sidewalks being installed. If the Town wants to decrease
speed on that street it doesn't make sense that you widen the road it would make more sense to shrink the road.
Bugle: Thanked the resident for his comments and reiterated that this was the time for the neighbors to have a
voice.
Shirley a resident from Linnell Landing: She saw dig safe out on Linnell Landing. She heard that they were staking
the road in order for additional drainage to be installed. She questioned whether there was a problem there that
she was unaware of because she didn't see any drainage issues.
Bugle: If the Town is going to improve drainage then the dig safe staking is part of the process.
Levasseur: Stated that the Town is in the process of prioritizing the Chapter 90 funds. As it stands right now, the
funds are going to be used as follows:
1. Majority of the money will go to Stony Brook Road to protect the herring run and improve safety.
2. Great Fields Road: the Town has had ongoing concerns regarding this road.
3. Crosby Lane will be lined up when funds are available
Mr. Levasseur, felt that this initial plan was a good point of reference and was a place to start the conversations.
The final plan ideally would be able to accommodate comments and requests from neighbors. Mr. Levasseur also
noted that the current layout of Crosby Lane did not allow for additional drainage to go to the sides of the road.
Therefore the drains have to be installed under the pavement and the road will have to be dug up. So it makes
sense that after you dig up the road you repave the surface. He further stated that the fire department required at
least a 16 foot width for the fire trucks to have access.
Wallace, Resident of Crosby Lane: His major concern was the width of the road. He felt that a narrower road
would help to keep the speed down.
Schofield, resident of Crosby Lane: Noted that Crosby Lane was the road to one of the most popular beaches in
Brewster. She was wondering if the Town had looked into a footpath to link Nickerson/campground users with the
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beach. She stated that due to the narrow road width then traffic is willing to go slower. She wants to take the time
now to handle the process correctly.
Barnard: Stated that the final plans should not be drawn up without input from the neighbors. The framework for
the handling of scenic roads should be done upfront prior to preliminary plans being drawn.
Bugle: If the Town has spent money for engineering then it is ok because it is a starting point for discussion and
has encouraged your involvement. That is well spent money.
Levasseur: Wanted to make sure all parties were aware that the plans are not finalized. The Planning Board
could provide input to BOS and to the engineers. What we are looking at is Plan "A" and maybe the final plan
would be Plan "E" or "F" before it is finalized. We are all in agreement that we want to preserve the character of
the Town. The big issue that Town has is the financing of any project. The Town currently has approximately
$600-800,000 in Chapter 90 funds. This money would be used for Stony Brook. In May, the Town may get a new
allotment of Chapter 90 funds -but it is probably only $200,000. It would take several years to build up the funds
in order to use only these funds to fix Great Fields and Crosby Lane.
Bugle: The process is:
1. Obtain neighborhood input
2. Provide Planning Board input to engineer
3. Receive engineered plans
Price, a resident from Drake Way: expressed concern that the road would be accessible during the construction.
In order to keep the road open it will increase cost and timing.
Kugler, resident on Crosby Lane: He saw what happened in Dennis on Rte. 134 and how the construction
dragged out and would not want to see that happen on this road.
Bugle: If the Town decides to use its own funds to make these improvements then the project would go before the
citizens at Town Meeting. The people would have a chance to vote on the project at Town Meeting.
Schofield: Noted that Crosby Lane has been designated as a scenic road and therefore the following needs to be
protected based on the States Scenic Bylaw:
1. Vegetation
2. Narrow to keep with the character
3. Widen curves for safety
4. Shoulder -maintain existing trees and hedges, especially mature trees (cedar and bamboo)
Barnard: questioned whether the staking had been done correctly. The residents of the street did not see any
surveyors out there with tripods? Mr. Levasseur said he would look into this question. Mr. Barnard also wanted to
know if the proposed pavement would go outside of the current stakes. At the conservation meeting last night,
they were informed that the pavement would not go outside. Mr. Levasseur would look into this.
Levasseur: Ended the discussion by asking to be notified by the Board when they plan to have a legal hearing.
Informal Discussion: To review the possibility of a road bylaw. Fran Schofield
Mr. Barnard returned to the table for this discussion.
Present: Fran Schofield
Schofield: Distributed 2 reports for the Board to review. She stated that she along with a group of approximately
80 residents from Crosby, Ellis and Linnell landing had been having discussions on the Scenic Roads and wanted
to clarify the process and protect the roads. Last summer, the neighborhood invited Bob Bersin and Chief Koch for
a discussion regarding the rumors they had heard. They had a long meeting and were promised that the Town
would invite them into the process. Unfortunately, they were not included in the planning and have been chasing
the Town for information. Last night at the conservation meeting was the first time they had an opportunity to
speak. The group was disappointed that plans had been drawn up and money spent and they didn't get to provide
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input. The group felt that this demonstrated the need for a more defined process and hence the reason for a
Scenic road bylaw.
Bugle: recognized that there was a flaw in the existing bylaw. The current bylaw does not give any control of the
pavement to the Planning Board.
Johnson: Wanted to know if the Planning Board would be willing to work with the committee to develop a bylaw
and wanted to know how the process would work.
Bugle: Felt a bylaw should be written that addressed all roads in town. He stated the example of Depot Road and
how that may have not been handled properly. Mr. Bugle felt the Board could draft a bylaw with the citizen's
assistance and it could be ready for the Fall Warrant. Mr. Bugle opened the floor to the Board.
Tubman: Felt a bylaw would be a good way to handle and to avoid any misunderstandings.
Schofield: Reviewed some of her findings. The Board would review in more depth on their own.
Pierce: Noted that the Planning Board would propose the bylaw at Town Meeting when it is complete.
Bugle: The article needs to be short and sweet -less is more.
Barnard: would the committee draft and then share with the Board? Some members of the audience suggested
that a 16 foot width would be adequate for Crosby Lane.
Taylor: Suggested that the Town Planner along with the citizens could draft and then the Board could review. She
suggested that the bylaw be short and if necessary add rules and regulations as a separate document.
Bugle: Wanted to make sure that the Planning Board had the final say in the draft and wanted to make sure that
any changes to the pavement would require a review by the Board.
Johnson: This type of a bylaw would benefit the whole Town and wanted to thank the Board for taking action on
this request.
Schofield: Provided a brief overview of the 2"d document she prepared -which addressed traffic calming. The
report highlighted the process of working together (neighbors and the Town). It was agreed that the Board would
review and incorporate information as appropriate.
Other Business:
1. Review of Minutes: February 25, 2009
Pierce: motioned to approve as written. Seconded by Taylor. All Aye.
2. Review and if appropriate provide comments on ZBA Agenda for April 14, 2009
09-07 Charles A. and Margery A. Devito, 51 Drummer Boy Road, Map 20 Lot 11-1. Represented by Attorney
Thomas J. Perrino. The applicant seeks an Appeal of the Zoning Agent's Decision, under MGL 40A-8 and
Brewster Bylaw 179-6-D and E, authorizing the relocation and renovation of a blacksmith shop on the subject
site.
- It is the Planning Boards understanding that the relocation of the blacksmith shop will be at the
Drummer Boy Park. This property currently houses a working windmill and a historic house. These
facilities are periodically open to the public. The Board felt the relocation of the blacksmith shop would
not significantly increase traffic nor would it significantly alter the pre-existing use of the property.
09-08 Michael J. and Laura G. Hanley, 9 The Channel Way, Map 17 Lot 63. The applicant seeks a Special
Permit and/or a Variance under MGL 40A-9A and Brewster Bylaw 179-6(B + C) to build three additions to an
existing home within the Wetlands Conservancy District.
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- At the meeting, the Board did not have the application and felt they did not have enough information to
adequately comment on this request.
09-09 Merrimack Valley Holding Company Inc., 1399 Freeman's Way, Map 45 Lot 70 or 70-1. Represented
by William Hoffman /Owners Representative. The applicant seeks an Appeal of the Zoning Agent's Decision
and/or a Special Permit under MGL 40A 8+9 and Brewster Bylaw 179-49A (1) on property within the Industrial
Zoning District and Water Quality Protection District was to continue business the existing uses on the site.
The Planning Board expressed concern over the apparent un-permitted uses on the property. For
example, it appears that there are unregistered trucks, landscape materials, septic disposal and boat
storage. Because this property is in the zone 2 area of Town the Board is extremely concerned
about protecting the Town's water supply. Further, the Board would question whether a permit can
be issued on this land given that it is in the DCPC and a moratorium on permits exists.
A representative from the Planning Board will plan to attend this meeting to answer any questions the
ZBA may have.
3. Review/add any new traffic count programs
- At this time, the Board felt that Bob Bersin's request for counts was sufficient.
Tubman: Motioned to adjourn. Seconded by Barnard. All Aye.
Respectfully submitted,
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Marjorie/CIe6 r~r~ ~~~
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Ja nne Sci/Administrative Clerk
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