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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