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HomeMy Public PortalAboutPlanning Board -- 2009-08-26 Minutes¢ ~ a"~ o _ ~~`~ ~ ~ a~ ~ r 0 ~~ N //~~//////~//~N B R~ e,Ri B0 \\\\\\\\\\\\\\\~ - -4U1~ llll / I f l l- ~ l I I I I 1 l 111 U 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: January 13, 2010; Vote: All Aye TOWN OF BREWSTER MINUTES OF PLANNING BOARD Regular Meeting Wednesday, August 26, 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 26, 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 #2009-15. Applicant: Town of Brewster- Property Located at 0 Underpass Road, Assessors' Map 26; Parcel 102. Proposal is for the construction of 8 tennis courts - 4 standard courts and 4 "quick start" courts, including associated utilities, drainage and fencing. Present: Charlie Sumner, Town Administrator; Wendy Allegrone, Recreation Director Sumner: Provided an overview of the application and the plans. He stated that the location is appropriate because the Town owns the land; it will help to move the traffic off Rte 6A and has bicycle access. He noted the Town's existing courts are located behind the Fire Station on Rte 6A and are old and need an extensive amount of repair. Allegrone: The recreation department has been working with the USTA and far as the requirements. The recommended 4 quick start courts would be unique in MA and the ideal way for kids to learn to play tennis. She noted that the USTA is going to fund $40,000 of the cost. Bugle: Read in the Department reviews and noted the applicant had completed the COPD checklist. This would become part of the record on this application. He then opened the hearing up to the Board. Pierce: questioned about the surface of the courts and about the surrounding area? Sumner: Noted the unique court surface and that the surround area would be pervious. Taylor: Confirmed the walkway areas as pervious and pointed out that there would be no changes to the existing parking lots. Planning Board Meeting Page 1 of 4 08-26-09 Sumner: The current plans show the pervious surface. They would evaluate another type and if it were economical they would consider. He did point out that there really are not that many walkways and that they have accounted for the appropriate drainage. Also, he reminded the Board that they do need to offer handicap accessibility. Barnard: Questioned the hours of operation. And how were they going to manage the usage? Allegrone: They have been reviewing the security issues and would make recommendations. They have looked into solar key systems and just need to determine what is the most appropriate. As far as the hours go the courts would be available during the daylight. They have not plans for lighting. Sumner: Recognized the fact that the courts need security and the Town must have some control. The courts can not be used for skateboards or they would be ruined. Pierce: How about control over footwear? During the height of the season would they monitor? Sumner: During the peak season they may have a person at the courts monitoring. This was being determined. Kuzman: what is the total estimate for this project? Sumner: Approximately $600,000; the town is contributing approximately $250,000, CPC is providing $250,000 and they have a grant for $40,000. Barnard: Is there adequate parking? Sumner: The existing parking lots are sufficient for the facility. Bugle: Opened to the public. Hebrew, Larry, an abutter: Has owned his property since 1989 and was concerned about the change in view and the additional noise from the courts. He thought the plan was a great idea but would not be in favor if courts were open early in the morning or the prospect of having lights. He was happy to hear that there was not going to be any lighting and if the courts didn't open until 8 am he could live with that. Sumner: Recognized Mr. Hebrews concern and noted that the Town would be able to add additional landscaping after the construction was done. He felt they could work on an agreeable solution. The plan for the town was to get the land cleared and put the base coat down in the fall and then the final surface cost in the spring. Bugle: Felt they could condition the decision with the Town developing a satisfactory landscape plan to be visually appealing and to provide some noise reduction. Taylor: Asked if a landscape plan had been prepared? Sumner: right now the Town would just put down loam and seed. If they can get more money they would add more landscaping. He again reiterated the fact that this was a great resource for the community. Taylor: Requested an "As built" plan for the file when the project was complete. Barnard: Requested the Town to look into alternatives for the walkways. Sumner: Agreed to explore other options. They would review and come back to the Board with their findings. Planning Board Meeting Page 2 of 4 08-26-09 Taylor: Motioned to draft a favorable decision with the following conditions: 1. the landscape screening would be reviewed upon construction completion and would be reviewed with the direct abutter. 2. A review of the paving options would occur. The draft decision would be reviewed at the September 9, 2009 regular meeting. Seconded by Pierce. Vote ROLL CALL VOTE: Robert Bugle: Aye Robert Barnard Aye John McMullen Aye Richard Kuzman Aye Elizabeth Taylor Aye Marjorie Pierce Aye CONTINUED 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: Ben Zehnder, Attorney; Jennifer Parkas-Ellis, Attorney; Jean Ryan, Applicant Zehnder: Provided a history of the property. He felt the lot was pre-existing and should enable the applicant to have 2 buildable lots. They had obtained approval from Town Meeting to allow Ms. Ryan to donate some of the land to conservation. The Board of Selectmen are in favor of this offer but are awaiting the Planning Board decision on lifting the original restriction placed on the whole lot. Bugle: Reinformed Mr. Zehnder that the Board had requested a plan that showed the lot prior to 1960. Without this plan it would be difficult for the Board to see the lot as pre-existing. Zehnder: Sited Section 4 from a 1960 bylaw. The bylaw adopted listed 3 requirements: 1. The title abstract must show an isolated lot. 2. If the lot is in fact isolated then it is therefore buildable 3. The "way" must be a recognized public way. Mr. Zehnder was working with the Town and his applicant to establish a voluntary restriction on the preservation of the land and they would keep the 25 setbacks. Bugle: reviewed the letters the Board had received. He noted that in 1993 the Planning Board approved a plan. The plan established the creation of the lot as of that date. In order to grant this application they would need to show the lot prior to 1960. Zehnder: The question he had was that they were asking the Board to approve a subdivision plan but this plan doesn't really comply. What the client is really asking for is a reconfiguration of the lot and rescinding the restriction placed on the lot. They would be willing to add a note to the plan that would lift the restriction. He further stated that according to the 1960 bylaw when a public road bisects a lot it creates 2 parcels -East Gate road is a dirt road shown on the earlier plans and therefore shows the lots. Taylor: Felt there was a problem with the creation of a new lot. If the Board approved the plan then they would be creating 2non-conforming lots and they would be buildable. She did not feel that a road created a lot line. She would like to obtain a legal opinion regarding this issue. Pierce: Motioned to continue until September 9, 2009 in order to obtain a legal opinion. Seconded by Taylor. Vote: All Aye. REPETITIVE PETITION REQUEST FOR MODIFICATION: located at: 1399 Freeman's Way, Assessors Map 45, lot 70. present data on a denial issued by the ZBA. Present: William Hoffman Planning Board Meeting 08-26-09 Applicant: William Hoffman, Property Applicant requests the opportunity to Page 3 of 4 Hoffman: Stated his case. Mr. Hoffman went to the ZBA in April and was asked to return in June because the ZBA was not meeting in May. He also agreed to take members out to his property and show them around. He never heard from the ZBA regarding the tour or the exact meeting date. The ZBA met on June 9th and denied his application. Bugle: .Why was your application denied? Hoffman: He felt for a couple of reasons: 1. A member went to the wrong lot 2. He needed to supply some documentation that showed he was in compliance. He has the documentation to present to the ZBA. 3. He was not in attendance Leven: Pointed out that the Board needed to only address whether there was significant new information that would impact the ZBA decision. McMullen: Felt there was significant new information and then Motioned to allow Mr. Hoffman to present his whole case and to return within 2 years to the Zoning Board of Appeals. Seconded by Pierce. Vote: All Aye. 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. REVIEW DRAFT DECISION Present: John Mostyn, Attorney Bugle: Read through the legal opinion and felt the Board had no jurisdiction regarding the homeowners association. Taylor: Motioned to approve the application and the draft decision. Seconded by Pierce. Present and voting: Robert Bugle Aye Robert Barnard Aye Marjorie Pierce Aye Richard Kuzman Aye Elizabeth Taylor Aye Amber Tubman Absent John McMullen Abstained Other Business: 1. Cobbs Pond letter: A brief discussion occurred. It was agreed that the issue was an enforcement issue and that a letter to Victor Staley, the Building/Enforcement officer needed to occur be sent. 2. Brandt, Euro Classics -Property located on Underpass Lane: It was agreed to ask the zoning enforcement officer to go out to the property and check on the number of cars. McMullen: Motioned to adjourn. Seconded by Pierce. All Aye. Respectfully submitted, Marjorie Pi rce/Clerk J y ne /Sr. Department Assistant Planning Board Meeting Page 4 of 4 08-26-09