HomeMy Public PortalAboutPlanning Board -- 2009-09-23 MinutesThad Ellis Rd, Underpass Rd, Snow Rd, 6-A (Croker Ln -Wall St), Old North Rd, Point of Rocks, Foster Rd, Mates
Way, Bassett Ln
A map showing the areas to be addressed is available in the Planning Department.
Present: Paul Sellers, NStar
Sellers: Provided an overview and a slide presentation of the upcoming tree pruning. A guideline of the
clearance standards NStar conforms to: 8 feet below, 8 feet to the side and 12 feet above. The
trimming will occur from January to March due to some other delays. Mr. Sellers highlighted some of
the vegetation issues. Mr. Sellers has met with Robert Bersin, DPW reviewed the streets and has
marked the trees that will be trimmed. In addition, Sellers is working with the conservation department
and will be going before that Committee to meet the States requirements.
Bugle: Opened to the Board
Taylor: According to the listing of designated scenic roads, Old North Road is on the list. We had
someone in last week and 4 trees were taken down without a public hearing. What had happened
there?
Sellers: Unsure of that situation. He would be happy to research and get back to the Board.
Taylor: Confirmed that Sellers would inform the Board before any trees are going to be taken down.
Sellers: Definitely, they would come before the Board if they are taking down any trees.
Bugle: Concerned about the shape of the "V" trimming.
Sellers: It varies by Town and they would work with the Tree Warden.
Bugle: Opened to the Public.
Citizen (unidentified): Wanted to know who trimmed the "Christmas" tree?
Sellers: It was a public safety issue. The tree was touching the wires and it could not be left alone.
to addition the tree is in bad shape. It had some significant disease.
Bugle: Noted that Sellers would be working with the Board and be more diligent about coming before
the Board as appropriate.
Halverson: Remembered going out with other HDC members and NStar in the past and working
together. Is the tree cutter making the final decision?
Sellers: The tree cutter's job is to cut to the NStar standards.
McCloud: Are the tree cutters trained?
Sellers: They are all trained and qualified.
Mr. Robert Bersin, DPW Director arrived at 7:05 pm.
McMullen: Are you present when the work is being done?
Sellers: No, but reviews the circuit and is aware of what is going on.
McMullen: Mentioned that in Orleans the Tree Warden follows behind the trimming. If it comes down to
do something or not to do something? Who makes the decision?
Planning Board Meeting Page 2 of 5
09-23-09
Sellers: Based on the NStar's clearance standards, the cutter would make the decision.
Bugle: Requested that the trimmers curb their verbiage to the public. Sellers reassured the Board that
they have discussed and it will not continue.
Bersin: had reviewed the 2 circuits. Some of the trees will be topped and then they would review if
some of the trees need to be taken down.
Taylor: Confirmed that NStar would be before the Board if they plan to cut down any trees.
Other Business:
1. Update from a Selectman regarding Whiffletree Ave
Present: Greg Levasseur and Jim Foley
Levasseur: The Board has had ongoing issues with the residents on Whiffletree. Jim and Greg have
worked with the neighbors and Mr. Doeg. Greg and Jim are part of the "Corporation" and want to now find
out from the Board where they are at. They sort of are putting themselves between the Board and the
angry mob. The Board can not be defended where as the Selectman have protection. Greg felt that
perhaps the subdivision was not a great idea given the history out in the area. A poor road foundation is
making it difficult for the neighbors to keep up repairs on the road. The neighbors have done some
patching. Want to have this resolved before litigation. Greg and Jim were really looking for feedback from
the Planning Board.
Foley: Would like to defray some of the hostilities with the neighbors. Jim and Greg want to see what can
be resolved and how the Town will handle. The neighbors are not willing to put a lien on their lots.
Levasseur: Had some familiarity with the area based on his knowledge of the area. The neighbors feel
like they have been mistreated. Addressing Airline Rd. through to Whiffletree only. The bond is not sitting
out there with "Whiffletree's" name on it. He would like to come to some sort of arrangement that would
remediate this situation.
McMullen: Thought Mr. Doeg was willing to work with the neighbors.
Levasseur: Corporate status as members of the BOS and are working with the Planning Board then Mr.
Doeg and then back to the neighbors.
Pierce: Mr. Doeg had expressed an ability to be part of the association and would want to do his share but
was not willing to take on the whole expense. How legally can the Town be expected to pay for a private
road?
Levasseur: The neighbors have threatened a law suit against the Town because of the process. In
addition, he felt it would be difficult to prove there was disrepair caused by creating this subdivision.
Pierce: There is nothing in the law that says the Board couldn't approve this subdivision.
Bugle: Noted the comments from Counsel regarding the fact that the bond is being held for his subdivision
and Mr. Doeg has done what was required by Town standards. Basically at this point there needs to be
some mediation and safety. People up there don't have the money to make the improvements.
Pierce: The Board felt that the only thing the Town could do was to offer the road betterment program.
Levasseur: Working as elected officials that have legal protection and want to make this right for
everyone. Felt that the roads were released prior to them being up to standards and want the Planning
Board's help in order to fix.
Planning Board Meeting Page 3 of 5
09-23-09
McMullen: Seemed that there were a few residents up there that were pushing this issue and if they aren't
willing to bend then to court we go.
Levasseur: They have talked about the legal expense and would prefer that the money go to fix the
problem and not go to the lawyers. He requested that the Board not take any action until they heard back
form Greg and Jim.
2. Discuss letter from Building Commissioner regarding Cobb's Pond
Bugle: reviewed the letter and a brief discussion occurred.
McMullen: Motioned to have Victor send a letter and have them come before the Board. Seconded by
Taylor.
All Aye.
3. Sign bylaw
Bugle: noted that there doesn't need to be a discussion. The Board already voted last week to send the
article to Town Meeting with the modification to have it be year round.
Halverson: Have you discussed where the signs are going to be placed?
Bugle: Mentioned that business would still have to go to HDC to get a permit.
McMullen: Last week during the public hearing there was a large group here and they expressed the need
to have the sandwich sign even more so during the off season. In addition, the businesses are going to be
policing themselves.
Halverson: was ok with the seasonality and may find it difficult to allow given the fact that the Historical
Commission would not allow because if it is year round then the sandwich sign needs to be affixed to
something. He was ok when it was allowed seasonally because it was viewed as a temporary sign. Not
sure how the HDC is going to approve.
Bugle: Pointed out that several offenders are town specific signs; i.e. Schools, libraries, Whitecaps. The
sign issue needs special attention because the Town and businesses need to adhere to the bylaws. Also,
the Historic District Committee needs to be able to provide input. When a sandwich sign isn't allowed at all
then the HDC can't provide any input on the look. This modification would allow HDC this opportunity.
Halverson: Concerned that they have one appeals case with the Historical Commission and he was
waiting to hear their decision so they would know how to act in the future. For all permanent signs they
need to be affixed to something such as a post but how could you put a post in State highway? The
Board may have opened a can of worms by changing the wording from seasonal to year round.
Bugle: Would be prepared to address at Town Meeting.
CONTINUED 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
A review of the draft decision occurred. Minor changes were made.
Taylor: Motioned to approve the application and decision with corrections. Seconded by McMullen.
Vote: 5-0-1
Planning Board Meeting Page 4 of 5
09-23-09
ROLL CALL:
Robert Bugle Aye
Elizabeth Taylor Aye
Robert Barnard Aye
Other Business continued:
John McMullen Aye
Marjorie Pierce Aye
Amber Tubman Abstained
4. Review and discuss the ZBA October 13th agenda
A brief discussion occurred. One of the cases listed an in-law apartment but it really should be listed as
an accessory affordable apartment.
5. Preliminary Plan - Copelas - a 50+ acre preliminary subdivision plan has been submitted to the
Board. Due to the size it must be referred to the Cape Cod Commission.
Leven: provided a very brief overview of the location and the plan. She noted a letter had been for Mr.
Bugle's signature.
Tubman: motioned to refer the plan to the Commission. Seconded by Taylor. All Aye.
6. Discussion of Town Meeting articles:
Bugle stated he would present and felt comfortable with handling. Leven had some additional information
available and would forward to Bob. It was noted that the Board of Selectman would review and vote on
the bylaws on October 5~h The Finance committee would review and vote on the 7'h
7. Letter from Building Commissioner: Brewster Pizza
Change of Use Permit -Let's look at what was written and advertised.
8. Sand 8~ Gravel application:
How to proceed? A checklist would be handy but lets wait
Pierce: Motioned to have the Sand & Gravel bylaw enforced by the Zoning commissioner, Victor Staley.
Tubman Seconded. All Aye.
McMullen: Motioned to adjourn. Seconded by Tubman. All Aye.
Respectfully submitted,
Marjori~rce/Clerk
J ne S Administrative Clerk
~. , ;f ~; l ~~~~ ___.
Planning Board Meeting Page 5 of 5
09-23-09