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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: January 13, 2010; Vote: All Aye.
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Regular Meeting
Wednesday, August 12, 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, Barnard, Kuzman and Tubman.
Also present Sue Leven, Town Planner
Chairman Bugle opened the hearing August 12, 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- 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.
Present: John Mostyn, Attorney; Matt Eddy, Architect; Bob Newman, General Manager
Mostyn: Provided an overview of the application and plans. He noted that the architecture was
consistent with the other buildings; there was a need for the facility; no additional parking was required
and they would be installing a sophisticated nitrogen reduction system
Eddy: Provided additional input regarding the facility itself. The addition would be approximately 4,800
SF and they have a recreation easement on the property. He pointed out that the traffic increase
shouldn't be much more than now -which in the morning would be 6 new trips and in the evening could
be 17 new trips. They have addressed storm water management.
Mostyn: Noted that the proposed facility would be located on the Howland Association property. Mr.
Mostyn stated it is not the Planning Boards responsibility to figure out the ownership only to determine if
the application addresses the performance standards outlined in the zoning bylaw.
Bugle: Reviewed the items listed on the checklist and asked if there were any questions.
Barnard: Would the Fitness facility in the Mansion remain open? Yes
Kuzman: Wanted to make sure there was enough parking during the peak times. Mr. Mostyn felt there
would be adequate parking at all times.
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Pierce: Would the fitness center be open to the Public? No
Taylor: How are they handling MESA? -They have filed an application with MESA.
Taylor: Is the treatment system a Micro Fast System? Yes, and in addition, they have plans to add 2
more systems to handle the facilities they have control over.
Bugle: Noted that no waivers were requested. Read in the Department reviews and then opened to the
Public.
Henry Goodman, attorney for the Howland Condominium Association: Noted that the association owns
the land and has given an easement to Ocean Edge for the existing facility. The easement does not
permit Ocean Edge to take over or expand on the property nor take over the open space. He sited a
legal case that stated a change to a condominium easement can not be given unless 100% of the
owners consent. Finally, he requested that the Board review the issue with Town Counsel.
Mostyn: Responded by saying that case sited does not reference common elements and reiterated to
the Board that this issue is a private matter and is not in the Boards jurisdiction.
Taylor: Asked Ms. Leven, the Town Planner, her opinion on the matter.
Leven: Felt that it was not the Board's right to determine ownership rights. If the Board felt the
applicant is forth right then they need to proceed based on the requirements set in the Zoning Bylaw.
Bugle: Wanted to confirm with Town Counsel. He also read in the letters of support that had been
submitted to the Board and asked if any Board members had additional comments. No comment.
Taylor: Motioned to draft a positive decision ending Town Counsels review. The Board would vote on
the application at the next meeting on the 26t . Seconded by Barnard. All Aye.
Taylor: Motioned to continue to August 26, 2009. Seconded by Tubman. All Aye.
2. Discussion with NStar regarding recent tree trimming:
Present: Paul Sellers, NStar and Robert Bersin, DPW Director
Sellers: Provided an overview of the standard tree clearance guidelines they use (8 feet of clearance
under the wire, 8 feet on the sides and 12 feet above). NStar's goal is not to remove any trees. The
Process they have been working with is to meet with the DPW/Tree Warden, and then the Conservation
Committee. The lingering issue is apparently how to involve the Planning Board.
Bugle: Wanted NStar to know that the Planning Board's intent is not to impede the process but still to
ensure that the scenic roads are maintained properly. He pointed out that on several occasions workers
have been very rude and that is not appropriate. The Board would like to be informed of the trimming
before it occurs and if necessary hold a public hearing. Mr. Bugle then opened the floor to the Board.
Taylor: If pruning is what NStar is intending to do then all the pruning needs to be consistent. In
addition, perhaps the invasive trees need to be taken down because they grow to fast.
Sellers: Wanted the Town to know that due to the black out back in 2001 the state has put a lot more
pressure on them to avoid power outages.
Barnard: How long has NStar conformed to the 8, 8, 12 foot clearance? And is there any flexibility on
the standards?
Sellers: At least 10 years and they had been accommodating in some situations. However, when they
deviate they must keep a record of the accommodation.
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Pierce: In the past, the Board has been called in to review the tree triming. Is that a process that you
intend to continue with?
Sellers: The process they use is they highlight trees of significance. They review those tree trimmings
with the tree warden and they could discuss with the Board if appropriate.
Tubman: Asked how the information was transferred to the actual workers.
Sellers: It is all documented for their review.
Leven: Brought up the concerns with the "Christmas" Tree trimming on Satuket Road.
Sellers: Pointed out to the audience that the tree had been trimmed because of safety reasons.
Branches were reaching/lying on the lines and some of the limbs had been burned.
Barnard: Asked if Sellers/NStar would consider putting the lines underground. The area is going
through a reconstruction phase and this would be a good opportunity to take care of the lines.
Sellers: Informed the Board that if that was a consideration the Town would be responsible for the cost
to place the lines underground. Given the economic times the Board agreed that this was not the time.
Gallagher, Conservation Administrator: Reminded NStar that they needed to notify conservation if they
are working in wetlands.
Barnard: Reminded everyone of the Shade Tree Act and the importance of holding public hearings for
work on scenic roads.
Bersin: Stated that utilities are exempt and trimming is within their right.
Sellers: Felt that by January NStar would know their upcoming plans and would be happy to discuss
with the Board and the public.
Taylor: Mentioned that we should be removing the invasive species and replanting. She also
requested that the Maps showing the trimming be put on line.
Bersin: Stated that they have stopped taking down dead pines in the road layout due to some extremely
vocal residents. However, he noted that if a tree is deemed hazardous it should be taken down.
Sellers: NStar and Brewster have developed a relationship and he thought they were all set but based
on these conversations there is room for improvement and would strive to do better. Their goal would
be to provide specific information on any tree removal and to better inform the public.
Informal Discussion: Dan Wood; Property located at 10 Blue Jacket Way, Assessors Map 22, lot 26.
Fence location.
Present: Dan Wood
Wood: Provided an overview of his request. Basically, the developer had installed a split rail fence
inadvertently in the road layout. The road is only used for their home and one other. Mr. Wood was
requesting approval from the Board for the location of the fence.
Bugle: Unfortunately, if the fence is truly in the road layout then the Board has no authorization to allow
a structure there.
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Leven: Agreed with Mr. Bugle, the Board does not have the authority. DPW may be the more
appropriate department to address this issue.
REPETITIVE PETITION REQUEST FOR MODIFICATION: Applicant: William Hoffman, Property
located at: 1399 Freeman's Way, Assessors Map 45, lot 70. Applicant requests the opportunity to
present data on a denial issued by the ZBA.
Ms. Tubman noted that she had done work with Mr. Hoffman and she recused herself from this petition.
Bugle: Asked that the hearing be continued in order to notify abutters of the petition.
Taylor: Motioned to continue to September 9, 2009. Seconded by Kuzman. VOTE: 5-0-1.
Informal Discussion: Applicant: Ocean Edge Resort L.P.-Property Located at 2680 Main Street,
Assessors' Map 14; Parcel 1.
Present: John Mostyn, attorney; Bob Newman, General Manager, Bob Keene, Landscape architect.
Mostyn: Showed a plan of the existing site. He highlighted the current issues that needed to be
addressed: parking conditions, transient use and the tents on the front lawn.
Parking: Currently Ocean Edge has 162 parking spaces. Would like to get a handle on how the Board
felt about utilizing pavers for the proposed valet parking area in the front of the Mansion. If Ocean Edge
was able to add this area then they felt they could accommodate 74 cars. In addition, there was a
discussion regarding parking space size and the fact that they may be requesting a waiver on the
required size of 10 x 18. Bob Keene pointed out that 8'/z x 18 should meet their requirements. Further,
Mr. Mostyn discussed the proposed parking behind the mansion -adding 38 more spaces. A request
may be made to waive the set back for these spaces. Finally, they may request an additional 20 valet
stalls between the mansion and the carriage house.
Transient: Based on the prior building commissioner's interpretation of this use, a person driving by the
hotel could be served at the restaurant/bar. Ocean Edge would like to modify the permit to have the
transient use stricken from the decision.
Tents: Mr. Steve Eldridge had drafted a letter that put a restriction on the size and timeframe for a tent.
Ocean Edge would like to have that clarified. The facility is working now.
Taylor: Since the Ballroom is now complete, when is the pavilion coming down?
Mostyn: Ocean Edge needs the pavilion for break out sessions and to help stay competitive in this
market.
Taylor: Then the pavilion needs to be noted in the permit/modification.
Mostyn: Would work on clarifying some of these issues and be back to the Board for an official
modification.
Work session: Review and Discuss proposed bylaws for Fall Town Meeting
1. Natural Resource Protection Design
2. Scenic Roads
3. Water Quality Review Protection -modifications
4. Sign
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A brief discussion regarding the bylaws occurred and a few modifications were noted. It was agreed
that the changes would be made and resent to the Board. A brief discussion regarding the need to
modify the sign bylaw occurred. Mr. Bugle agreed to draft a revision and send out to the Board. The
Board agreed to meet next week to discuss further.
Pierce: Motioned to send the Natural Resource Protection Design, Scenic Roads, and Water Quality
Review protection (modification) bylaw to the Board of Selectman for review. A public hearing would
occur in September. Seconded by Taylor. All Aye.
Other Business:
1. Review Planning Board Minutes: June 10, 2009
A brief discussion occurred.
Tubman: Motioned to approve the minutes with the modifications. Seconded by Taylor. All Aye.
Tubman: Motioned to adjourn. Seconded by Pierce. All Aye.
Respectfully submitted,
Marjorie Pierce/Clerk
J ne ci/Administrative Clerk
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