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Brewster Planning Board
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 133
FAX (508) 896-8089
Date Approved with modifications: June 10, 2009; Vote .,
TOWN OF BREWSTER MINUTES OF PLANNING BOARD . I
REGULAR MEETING '
Wednesday, April 22, 2009 at 7:00 P.M. r..~
Brewster Town Office Building
Chairman Robert Bugle convened the Planning Board meeting at 7:00 pm in the Brewster Town•Office
Building with members Taylor, Pierce, McMullen, Barnard and Tubman. Also present was Susan Leven,
Town Planner.
Chairman Bugle opened the hearing April 22, 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.
CONTINUED 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 condition lifted stated "The Town of Brewster shall not be required to
provide snow and ice control for the roadways in the above referenced subdivisions".
Present: Robert Maraghy
Maraghy: Provided an overview of his request for the modification. There were several reasons but the
primary reason was to allow medical assistance to his home. In the past DPW has plowed in the street and it
has become a hardship and a very big concern for the Mr. Maraghy.
Bugle: Had taken a drive out to the area and noted the road was very narrow and the turn around space did
not seem adequate. He would like to know if DPW supplied any input - no comments were received. Mr.
Bugle then opened the floor to the Board.
Tubman: requested input from DPW.
Taylor: requested input from the fire department.
McMullen: Is this modification really to have your road plowed? If so, Mr. McMullen felt the Town should plow
the road.
Maraghy: Would like to know why all roads were not treated equally? If the Town plows other private roads
then his road should be plowed.
Bersin: The DPW director reported that the road is fine it meets private road standards but he can not turn his
plow around. Mr. Bersin would be willing to work with Mr. Maraghy to determine a solution.
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Leven: Noted the applicant was before the board to have the condition removed. The Board could remove the
waiver and then let the applicant work with DPW and the Fire Department.
Taylor: Motioned to approve the modification which would lift the condition. Seconded by Pierce.
ROLL CALL VOTE:
Robert Bugle Aye John McMullen Aye
Marjorie Pierce Aye Elizabeth Taylor Aye
Amberlyn Tubman Aye
Informal Discussion: Ocean Edge Resort, 2907 Main Street, Map 14, lot 1. John Mostyn
Present: John Mostyn, Bob Newman
Mostyn: Wanted to let the Board know that they were there to address some concerns that have been
raised. He stated that Ocean Edge wanted to continue to work with the Town. The Ballroom has been
completed and they are excited to open it for upcoming functions. Ocean Edge would like to allow the
season to pass and see what types of issues arise and then address them with the Town. Mr. Mostyn
owed the plans from 2006 and what the plans are today. Essentially the ballroom is smaller than what
the Board approved and therefore should be less impact on the community. Mr. Mostyn provided a
history of the conference center. In 1981 plans were drawn up and approved. The plans included a
12,000 SF room. However, by 1983 the owners were not able to get financing and did not build. In
2006, the addition was revisited and redesigned to conform to the old plan. At that point they were
thinking of adding 7,700 SF of new floor area which would include 2 meeting rooms. Today, the plan
has been further pulled back and reduced for cost reasons. They have only added the ballroom which is
approx 4,528 SF. This floor area does not include the terrace.
Mr. Mostyn would like to address the parking issue. The owners have been addressing it as follows:
1. Check-in for the Villages has been moved to the "White" house across the street. They believe 2/3 of
the parking issues will be reduced.
2. The Villages patrons are no longer gaining access to the "Ocean Edge" beach
3. Valet parking service has been implemented
4. Shuttle van service is available
Mr. Mostyn reviewed three potential plans and requested the Planning Board thoughts on the different
options.
1. Sheet/Plan 1 -added parking around the circle (around the tennis courts)
2. Sheet/Plan 2 -reduced the size of parking spaces and reduced the island areas. They would gain 34
spaces for the west wing lot and 4 spaces for the east wing lot.
3. SheeUPlan 3 -Addressed the upper lot. They would like to expand the structured lawn and allow for
overflow valet parking. This would enable them to have 74 spaces. Of course the Board would have to
be comfortable with the visual impact but the owners seemed to like this plan the best because they
would gain the most parking. Most of the parking would be screened.
4. Sheet/Plan 4 -Added parking between the Mansion and the Carriage House. Currently the area is
used for loading and unloading but they could add 15 spaces if acceptable.
Mr. Mostyn requested that they be permitted to operate as is and come back before the Board after
Labor Day. In the meantime, they would work with Ms. Leven, the Town Planner, and ensure that they
are permitted correctly and or apply for the appropriate permits.
Staley: The Building Commissioner, requested clarification of several points.
1. In 2006 Ocean Edge wanted to build a conference center. At that point, it was agreed that Ocean
Edge needed to come back to the Planning Board to get appropriate permits. Unfortunately that did not
happen. Therefore, a modification to the decision to fix the use issue needs to take place
2. It was Mr. Staley's understanding that the restaurant was built for the conference center. A
clarification on who is able to use the restaurant (transient/conference only).
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3. Parking -Would like to receive something from Ocean Edge that states the Planning Board has
waived parking requirements. If the restaurant is open to the public then the parking needs could
increase 3 times.
Mr. Staley recognizes that it would take some time for Ocean Edge to address these items and they
would like us to allow Ocean Edge to operate during the peak season.
Sumner: Wanted to follow-up with Mr. Staley's comments. Mr. Sumner felt that the Town and Ocean
Edge have established a working partnership. However there are still several issues that need to be
resolved:
1. Parking -Ocean Edge has eliminated parking on the front lawn.
2. Liquor License -need to resolve for the whole property and would like a timetable established.
3. Tents -Currently Ocean Edge is only allowed a limited number of times the tents can be erected.
Apparently, Ocean Edge would like a little leeway with this regard -the Board should address.
4. Transient Business -The original decision allowed for only conference center attendees to utilize the
facilities. However, the restaurant has been open to the public for the past 20 years and there have not
been any issues. The permit should be reviewed.
Bugle: Opened the floor to the Public.
Pierce: Has expressed concern over the facility agreeing to not allowing transient business. The permit
said one thing however, Ocean Edge hasn't complied.
Attorney for Ocean Edge: In 1990 the building commissioner made an interpretation of the permit and
felt that Ocean Edge had addressed and what they were doing was acceptable.
Mostyn: In 2006, Ocean Edge was issued ratification on the permit. It was determined that a
modification was not necessary.
Staley: Would like to know the status of the Bay Side Tent? It was his understanding that the tent
would be taken down when the conference center was built.
Bugle: Felt that the decision needed to be cleaned up and address Victor's concerns. He thought the
Board would be willing to let Ocean Edge operate knowing that they would address over the summer
and early fall.
Mostyn: Would like to know from Town Counsel if a memorandum/ratification would be sufficient or if
the decision would need to be modified.
McMullen: would like to recommend the parties have a work session over the summer.
Mostyn: Agreed with meeting over the summer and then following up in the fall.
Staley: would like to know how to proceed on the issues he has raised.
Taylor: The Board could vote to allow you to issue a temporary CO provided Ocean Edge will address
the issue according to Town Counsels recommendations.
McMullen: Did not want Ocean Edge to miss their peak season. He would like to see them open and
address any problems down the road.
Staley: Suggested that he release a temporary CO -good for 6 months which should allow Ocean
Edge enough time to get through the whole process.
McMullen: Motioned to authorize Mr. Staley to issue a temporary 6 month certificate of occupancy with
the condition that Ocean Edge will come before the Board during the summer and fall.
Bugle: In order for the Board to vote they would need to have a public hearing. Therefore the Board
can not vote on anything tonight.
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McMullen: Withdrew his motion.
Staley: can you poll the Board to see where the Board stands. All seemed in favor.
Taylor: Stated the Board would provide a letter to Mr. Staley addressing his concern.
Other Business:
1. Mr. Bill Munroe from Whiffletree Ave. Requested time before the Board to discuss the Agreement
and Covenant for the Harrison Hill Subdivision.
Munroe: reviewed the Agreement and Covenant written up between the Developer, Robert Doeg, and
the Town. Mr. Munroe felt that language in document stated the Developer was responsible for any
damage done to the road due to the construction vehicles. Also, if there is a performance bond why
would the Town release knowing the condition of the road?
Breckner: a homeowner in the neighborhood felt the developer has never made any attempt to fix the
road.
Munroe: stated they were filing a claim with with the Surety Company. Mr. Doeg was responsible for
Airline Road and Whiffletree.
McCarthy: president of the homeowners association: noted that he had been at a previous Planning
Board meeting and was working with the Conservation Trust and Mr. Doeg on road repair. Mr.
McCarthy claimed he was unaware that Mr. Doeg was responsible for Airline Road.
A homeowner from Bridle Path: If there is an agreement between the Board and the Developer then it
shouldn't be the neighbor's responsibility to have the road fixed.
Breckner: Wanted to know what they could do now?
Taylor: would like to have Bob Bersin go out and inspect the roads.
Bugle: would like to have a conversation with Mr. Doeg and see where he stands on this. It was the
Boards feeling that Mr. Doeg had met his obligation with regard to the roads in the subdivision.
McCarthy: had received an estimated of $9,000 to repair the road.
Taylor: Recommended we invite Mr. Doeg to a meeting to further discuss. The Board would advertise
said meeting and let Mr. Munroe and Mr. McCarthy know of the date and time.
2. Review of Minutes: March 25, 2009: Tubman motioned to approve the minutes. Seconded by McMullen. All
Aye.
3. Upcoming Bylaws for Fall Town Meeting:
Bugle: would like to have 2 bylaws brought forward: 1) that would give the Planning Board control over all public
road beds in Town. 2) Scenic Road bylaw
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4. Review outstanding performance bonds - Pozzo
A brief discussion occurred. The Board would like to receive input from the Police Chief and the department of
public works.
5. Subdivision Rules & Regulations: The Board would like to review and hold a public hearing on May 27tH
6. Meeting Time: It was discussed and agreed that the Board would begin future meetings starting on the May
27tH at 6pm in an effort to end early.
Taylor: Motioned to adjourn. Seconded by McMullen. All Aye.
Respectfully submitted,
M ~ ie Pierce/Clerk
Ja n i/Ad inistr ve Clerk
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