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Date Approved with modifications: October 28, 2009; Vote 6-0-0
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
Work Session
Wednesday, July 15, 2009 at 6:30 P.M.
Brewster Town Office Building
Chairman Bugle convened the Planning Board work session at 6:30 pm in the Brewster Town Office
Building with members Taylor, Pierce, McMullen, Barnard and Kuzman.
Also Present: Sue Leven, Town Planner, citizens: Peter Johnson and Don Keeran
Worksession: Review and Discuss proposed bylaws for Fall Town Meeting
1. Conservation Subdivision
Leven: provided a brief overview of the proposed bylaw.
Pierce: Questioned how this article would protect the water?
Leven: The developer would not be required to develop the whole property in order to get
frontage; density could be decreased and increase the septic requirements.
Taylor: recommended that the name of the bylaw be changed.
Pierce: This design is a by right bylaw. Are developers in support?
Leven: From what she has heard the developers would support because it would require less
time upfront, less roads, less utilities.
McMullen: The benefit to applicants would be reduced fee and reduced hurdles. McMullen
felt the requirements seemed vague.
Barnard: Does this say that the "Conservation Subdivision" plan has to be the first option over
the grid and cluster?
Leven: A developer could still proceed with a grid subdivision but they would need to provide
a good reason why the conservation subdivision was not a good idea.
Pierce: Felt it was difficult to understand how the reduced number of lots was going to be a
positive for the developer?
Barnard: Suggested a sample showing how this design would work
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Kuzman: Agreed with Barnard and expressed concern for the developers. He wanted to know
why it was good for them.
Leven: The basic option is a starting point for the developer. If he/she wanted to acquire
additional units there are bonus options available which would enable the developer to get
very close to a number of lots allowed with a standard subdivision. In addition, the developer
would be able to develop the lots with the most potential. This proposed bylaw would also
allow the developer to have reduced upfront cost, less road, less frontage, less utilities and the
sale price for a house could be the same or equal to a standard grid.
Bugle: Given all these reasons, it looks like the proposed bylaw would be a benefit to
developers.
Keeran: Noted a study had been prepared by Mass. Homes that showed a cost reduction of
34% for the developer.
Taylor: suggested some reordering of the items.
Bugle: Did anyone have any idea the cost of a treatment facility?
Leven: not really because it really depends of the number of units involved.
Johnson: Supported the proposal because it is designed to protect our drinking water.
Barnard: How many acres does this effect?
Keeran: approximately 1,000 acres in the DCPC area.
Barnard: Expressed concern over who was involved in the determination of the layout of the
lots. He felt that it needed to be an objective process and not a subjective process.
McMullen: Was concerned that this would add another layer. Brewster already has a bad
reputation for restrictions. In addition, the more you limit the building then the less you have
for taxes.
Taylor: Actually this open the door and enables more lots to be buildable and a buildable lot
generates more taxes than an unbuild able lot.
McMullen: Felt this bylaw was too complex and should be reviewed further before it proceeds
to Town Meeting.
Taylor: Did not agree with McMullen, because the State has come in with requirements that
require towns to reduce nitrogen in Pleasant Bay and this proposal would help.
Johnson: Mentioned that he was holding a Public Forum at the Museum of Natural History to
discuss this bylaw. Any and all members were invited.
Leven: Noted that she would incorporate the changes and bring back to the Board.
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2. Scenic Roads
Leven: Provided an overview of the bylaw.
A lengthy discussion occurred.
Pierce: Was concerned about the cutting of flowering plants and how that could be controlled.
Barnard: Expressed concern that the utility companies felt the Shade Tree Act did not apply to
them. NStar was out on Scenic roads and did a horrible job trimming -what they did was
unacceptable.
Leven: said she would check to see what regulations the companies needed to adhere too.
Taylor: the state law would be incorporated into this bylaw and that would give the building
commissioner enforcement authority.
Bugle: The Board members felt it was important to define the process and have that outlined
first.
It was agreed to make modifications to the bylaw. In addition, the Board would like to invite
NStar and Robert Bersin, Tree Warden in to the meeting on the 12th
3. Accessory Apartments
Leven: provided a brief overview.
Taylor: So the goal is to delete the other bylaw and add this proposal?
Leven: This would put back the "in-law" capabilities into the Use Table and then the affordable
apartment would be deleted.
It was decided that due to the tight timeframe this proposed bylaw would need to wait until the
spring.
4. Water Quality Review Protection -modifications
A very brief discussion occurred. Ms. Taylor requested the DEP receive a copy of the change.
Taylor: Motioned to adjourn. Seconded by Barnard. All Aye.
Respectfully submitted,
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Marjorie Pierce/Clerk Ja i/Adminis rative Clerk
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