The URL can be used to link to this page

Home My Public Portal AboutPlanning Board -- 2009-07-22 Minutes\o~~~`~~~"\\~\R 4~nrurturS ~ii~,,~~/i EW //i OQ~~ C 64 R 9 F`'*~ /i "~, '` ~ ~xu' ~~ - O~ 9`~~- r ~ - ~ ~.q ~//// / / / / ! I ! ! 1 1111 111 I I l 11141 1 1 1 \ \ \ \ ~ ~~ ~~`\\ Brewster Planning Board 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 Date Approved with modifications: December 16, 2009; Vote 4-0-0 TOWN OF BREWSTER MINUTES OF PLANNING BOARD REGULAR MEETING Wednesday, July 22, 2009 at 6:30 P.M. Brewster Town Office Building Chairman Bugle convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members Taylor, Pierce, Barnard, Kuzman and Tubman. McMullen arrived at 7pm. Also present Sue Leven, Town Planner Chairman Bugle opened the hearing July 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. LEGAL HEARING for- Corridor Overlay Protection District Special Permit #2009-12. Applicant: Ocean Edge Resort L.P.- Property Located at Fletcher Lane, Assessors' Map 27; Parcel 39-4. Proposal is for a fitness room including 30 pieces of work-out equipment and an aerobic area, operating from Gam - 8pm. Bugle: Noted that a continuance request had been made by the applicant. Taylor: Motioned to continued to the next Planning Board Meeting. Seconded by Tubman. All Aye. Executive Session: Meeting with Town Counsel Pierce: Motioned to go into executive session to discuss pending litigation and to reconvene after the session. Seconded by Barnard. All Aye. ROLL CALL VOTE: Robert Bugle Aye Elizabeth Taylor Aye Marjorie Pierce Aye Robert Barnard Aye Amber Tubman Aye Richard Kuzman Aye The Board went into executive session and then reconvened. Work session: Review a proposed Solar Energy bylaw Present: Luck Hinkle Planning Board Meeting Page 1 of 4 07-22-09 Hinkle: Provided an overview and several reasons why the bylaw was needed. A brief discussion and some modifications occurred. Taylor: Noted that the Table of uses needed to be changed because solar energy should not be in the same category as a power plant. Bugle: what would the fee be for this kind of application? Kuzman: felt we should look to see what other towns were implementing but also we should be sure to cover the time it would cost for the town to review. Bugle: Opened to the public. Richard Wolf, a representative for the Alternative Energy Committee: Was encouraged that Brewster was looking at ways to utilize alternative energy. He was in support and would like the town to find other alternative sources. Dave Bennett, a citizen: Happy to hear that the Planning Board is reviewing alternative energies and is in support of the bylaw. Barnard: Wondered how the enforcement would occur? It was agreed that it needed to be defined. Hinkle: Noted that Dennis has passed a similar bylaw and would be developing regulations in May. Bugle: Further discussion would be required and the Board agreed to discuss at the next work session. PUBLIC HEARING for a scenic road. Location: Stony Brook Road Present: Charles Sumner, Town Administrator; Robert Bersin, DPW Director; Richard Koch, Chief of Police; and Dana Condit, Gristmill Operator Sumner: Provided an overview of the proposed renovations. Bersin: The Town has applied for and received a grant to improve drainage in the area. So it only made sense to recommend at this point the additional safety changes to improve the roadway. Condit: The proposal would change and improve the crosswalk area. It would install new stonewalls and handicap parking/accessibility and would ideally slow traffic. Koch: Reviewed a PowerPoint presentation that showed pictures of the proposed changes. Sumner: The drainage needs to be done and they would like to get it started this fall. The next project the town is discussing is near Luke Liquors which is slated for next fall 2010. So now is the time for the Stony Brook work. Bugle: Opened to the Public. Tubman: Wondered if motorists would be able to turn around at the tree? No Taylor: Would the grassed area allow for parking? No; where are the people going to park? Up at Run Hill and walk down. Pierce: suggested increase in signage to inform tourists that they were approaching a Historic District. Also, was wondering if they considered grooved pavement to call attention to trouble ahead. How about bicycle traffic? Koch: There are currently 3 signs; at times they move the radar sign over to slow traffic; bicycles have the same rights as cars so there would be change to accommodate. Planning Board Meeting Page 2 of 4 07-22-09 Bugle: Was concerned about adding signs and wanted to make sure that any sign had a historic feel to it. Expressed concern over using granite and wanted to know if stones were considered. Brecker, a Brewster citizen: wanted to know if rumble strips or speed bumps had been considered? Koch: they had considered but felt they would be more of a safety issue. Taylor: Motioned to approve the Plan dated 6/24/08, print date 07/16/09. Seconded by Tubman. All Aye. LEGAL HEARING for- Modification of a Definitive Plan #2009-11. Applicant: Jennifer Parkas Ellis, Esq. Owner: Jeanne Ryan.- Property Located at 124 Pond Street, Assessors' Map 39; Parcel 9. Proposal is a subdivision modification of Plan Book 496, Page 2, Lot 2. Proposed number of lots: 2 plus 1 parcel. Present: Jennifer Parker-Ellis, Attorney; Jeanne Ryan, applicant Parker-Ellis: Would like to give her review of the application before the Board and wanted to inform the Board that they have been having discussions with an abutter and addressing some of his concerns. They have fully been able to address all of the concerns so they would need to continue but at this point Ms. Parker-Ellis would like to provide the overview. Parker-Ellis: The applicant is requesting that the Board lift the voluntary restriction on the property. Ms. Ryan would give the town a parcel of land that would not be buildable but would remain "open". Ms. Ryan would like to divide her lot into 2 buildable lots. Ms. Ryan was not before the Board to determine if the lots were buildable or if they had frontage. Bugle: Read the department reviews and opened the hearing to the Board. Barnard: When was lot A created? Parker-Ellis: prior to 1960 zoning and therefore is pre-existing non-conforming and had frontage. They would access the lots by East Gate Road. Taylor: Given that would this subdivision then fall under the dirt road bylaw and the applicant would be required to have 5 acres in order to build? How would this work? McMullen: Noted that the dirt road is very rough and would need to meet minimum standard for fire and police access. Ryan: Noted the road is used year round and they maintain it to remain passable. Bugle: The 1993 plan provided does not show the lot lines to give the lots the pre-exisitng status. Mr. Bugle requested a map that shows lot A in existence prior to zoning. Parke-Ellis: The map the Board was looking at shows the prior ownership and the road. The road is considered a lot line. Taylor: Had never heard that a road was considered a property line. She advised the Board to have Town Counsel review and make a determination. Parker- Ellis: Would research and provide additional documentation that the lot preexisted. Taylor: Motioned to continue to August 26'h in order for additional information to be provided. Seconded by Tubman. All Aye. Planning Board Meeting Page 3 of 4 07-22-09 Site Plan Review: Eastward Companies on behalf of Harvey & Dorothy Patashnick, 4 Whidah Way, Assessors Map 48, lot 8. Discussion on proposed site and septic plan. Present: Bill Marsh, Developer Marsh: Provided a brief overview of the proposed site plan. In the original Planning Board decision he agreed to provide site plans prior to construction so that was why he was there. Bugle: Opened to the Board. No comments. McMullen: motioned to accept the site plan as submitted. Seconded by Pierce. All Aye. PUBLIC HEARING for a modification to the Planning Board fee structure. Bugle: read in the proposed modification for the 2 lot subdivision. He then opened the hearing to the public. No comments. Pierce: Motioned to approve the modification as presented. Seconded by McMullen. All Aye. PUBLIC MEETING regarding the Harrison Hill subdivision -POSTPONED It was agreed that Mr. McCarthy, president of the neighborhood association should be notified when there is a public meeting on this issue. Other Business: 1. Review Planning Board Minutes: May 13, 2009 and May 27, 2009: May 13, 2009 Minutes: McMullen motioned to approve with modifications. Seconded by Pierce. All Aye. May 27, 2009: Pierce motioned to approve with modifications. Seconded by Taylor. All Aye. 2. Independence Way: -Flaherty: The Board thought a possible violation was occurring and would like the Zoning Enforcement agent to check on the status. McMullen: Motioned to adjourn. Seconded by Pierce. All Aye. Respectfully submitted, ~ r c Marjorie Pierce/Clerk Jay a ministrat C erk Planning Board Meeting Page 4 of 4 07-22-09