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HomeMy Public PortalAboutPlanning Board -- 2009-06-24 Minutes\\\~o~~~\..~ R E= W 3 ~ ~JGq~~~i ~,~ F~~ .. 2 r ~^.~~ 3 3 ~ 'a~ a Date approved as written: September 9, 2009; Vote: All Aye 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, June 24, 2009 at 7:00 P.M. Brewster Town Office Building Chairman Bugle convened the Planning Board meeting at 6:00 pm in the Brewster Town Office Building with members Taylor, Pierce, Barnard, Kuzman and Tubman. Also present Sue Leven, Town Planner Chairman Bugle opened the hearing June 24, 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. Executive Session: Meeting with Town Counsel Pierce: Motioned to go into executive session to discuss possible litigation and to return to the regular meeting upon completion of the session. Seconded by Barnard. All Aye Pierce: motioned to end the executive session and return to the regular meeting. Seconded by Tubman. All Aye. Informal Discussion: request for a fee waiver for a modification of subdivision at 124 Pond Street, Assessors Map 39, parcel 9-2. Owner: Jeanne Ryan; Represented by Jennifer Parkas Ellis Present: Jennifer Parkas Ellis, Jeanne Ryan Parkas Ellis: Stated the following reasons for the requested fee waiver: 1. Hardship; 2. gifting land to the Town 3. Only 2 lots and should not require a great deal of review time. Kuzman: Wanted to make sure that the tax payer is not the one to cover the cost for the waiver. Parkas Ellis: The applicant really just needs the restriction lifted there should not be a great deal of the town time involved. Leven: Informed the Board that she had received an email from the Board of Selectmen that typically in the past they have been the Board that approves all waivers on fees. Barnard: recommended that the fee be reduced to $500. This fee would cover costs associated with: advertising, notification to abutters and employees time. The Board agreed and requested a memo be sent to the BOS asking for the reduced fee. Bugle: Noted that the Board should review fees fora 2 lot subdivision. Planning Board Meeting Page 1 of 3 06-24-09 Informal Discussion: 2 lot subdivision study sketch; Assessors Map 17, Parcel 58. Owner: Richard Holden; Represented by Peter Soule. Present: Peter Soule and Richard Holden Soule: provided a brief overview of the situation before his client. Essentially, Mr. Holden has over 10 acres of land off of Rte 6a. The parcel contains a right of way that was created in 1886. Mr. Holden would like to create 2 lots. Lot B 4+ acres would be restricted with no further subdivision. Lot A currently holds a tennis court. The court may be taken down and sometime in the future he may want to build. The benefit to the Town is a restriction is placed on over 4 acres and no further subdividing. Mr. Holden would request a waiver of the road width requirement especially because the road would really be serving as a driveway. A discussion regarding road width and delineation of the restricted area occurred. The Board seemed to be in favor of the idea but could not make an official vote because this was just an informal discussion. Mr. Soule thanked the Board for their time. Informal Discussion: Revisit Special Use Permit for Breakwater Fish & Lobster, 235 Underpass Road. Request made by Kyle Parker, Owner, EI Guapo's Taqueria. Present: Kyle and Donna Parker Parker: reviewed his concerns with the Fish Market (i.e., traffic, seating, no bike racks, and parking lot at capacity). Mr. Parker felt there was a public safety issue with the parking lot. The Breakwater tables are parked too close to the lot. The operating hours have changed since its permit was issued, and the business use has changed. Based on this information, Mr. Parker felt the Board should call the owner of the Fish Market back to review his permit. Bugle: Felt there may have be a problem with the parking lot because there is no delineation. Tubman: What is the relationship between the two business owners? Parker: not good. Mr. Parker has made an effort but has not had a positive response. Bugle: At this point the Board would like to ask the Building Commissioner to go out investigate the property Other Business: 1. Review possible new tenant for 3937 Main Street, Assessors Map 30, parcel 13. Owner: Steve Allard - A brief discussion occurred. It was noted that the septic system was supposed to be updated by May 2009 and has not yet. The Board would like to recommend to the Building Commissioner that he instruct Mr. Allard to upgrade his septic and become compliant with the BOH regulations. The Board would not approve the tenant until the BOH approved the septic. 2. Review Letter from Countryside Antiques- regarding the realigned parking lot. A brief discussion occurred and it was found that a letter should be sent to Mr. Mize informing him of the following: 1. Encourage patrons to park correctly and not to back out onto Rte. 6A. Parking spaces may need to be further delineated but the Board was willing to wait on this addition. 2. Instruct the owner to put a note on the inside of the shop or by the cash register that would inform their customers not to back out on Rte. 6A. 3. Review letter from Bud Noyes, JT's Seafood: After a brief discussion, the Board wanted to recommend to the Selectman that Mr. Noyes meet with either the Historic District Committee or the ZBA. The final ruling on the signs is made by HDC or Mr. Noyes could obtain a variance form the ZBA. The Board requested that a letter be sent to the BOS stating these findings. 4. Review Minutes of Planning Board Meeting -April 22, 2009: Modifications were made -Tubman motioned to approve the minutes with modifications. Planning Board Meeting Page 2 of 3 06-24-09 Seconded by Pierce. All Aye 5. Subdivision Inspection Form: A brief discussion regarding the cost associated with the different stages of inspection occurred. It was decided that the form should be sent to Robert Bersin, DPW Director, to receive his input. WORK SESSION on proposed Fall Town bylaws: 1. Scenic Road 2. Accessory Apartments 3. Greenhouses 4. Water Quality 5. Conservation Subdivision Water Quality - a discussion revolved around the comments that the Attorney General had made. Ms. Leven informed that Board that the bylaw is in effect and should be enforced. Scenic Road - a review and discussion on the draft bylaw occurred. Mr. Barnard recommended asub-committee review the draft and bring it back to the Board. Members were in agreement. Mr. Kuzman, Mr. Barnard and Ms. Leven would work on the draft. Conservation Subdivision - It was agreed that due to the late hour this would be discussed at a work session held on 6/15 at 6pm. Ms. Taylor would work with Ms. Leven on the draft. Accessory Apartments - a brief discussion occurred. The bylaw needs some clarification in order to make it work. Ms. Leven agreed to work on the revisions. Tubman: Motioned to adjourn. Seconded by Pierce. All Aye. Respectfully submitted, 0,~.-~/ ~~.:- Marjorie Pierce/Clerk J nne ci/Administra ive Clerk r~Z: ~: ci 6Z l~ii ~~a Planning Board Meeting Page 3 of 3 06-24-09