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Date Approved as written: January 13, 2010; Vote: All Aye.
Brewster Planning Board
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 ext. 133
FAX (508) 896-8089
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
REGULAR MEETING
Wednesday, December 16, 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, Kuzman and Tubman.
Chairman Bugle opened the hearing December 16, 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.
Other Business:
1. Discussion with Andrew Singer regarding an extension of a two-year construction requirement for a
Definitive Subdivision Plan. Property located off Tubman Road (3 lots).
Present: Myer Singer, Attorney; Owner: Ms. Kennedy
Singer: Provided an overview of the plan that the Board had approved several years ago. The Covenant
stated that the road needed to be built within 2 years. The new owners of the property had thought they had 8
years to build. They intend to build in the spring but would like to have a 2 year extension. The reason for the
delay was primarily due to the change of ownership and this property was purchased with another piece of
property over on Long Pond Road. The owners had been spending their time on the other property and didn't
realize they only had 2 years. Mr. Singer pointed out that no changes to the subdivision regulations have
occurred in the last 2 years.
Bugle: Opened to the Board.
Taylor: Can the Board legally do this?
Leven: Felt you could change the covenant because it is not the actual decision. The covenant could be
changed and recorded.
Pierce: Thought the Board had some flexibility because there had not been any significant zoning changes.
Tubman: Wanted to remind the Board that when the plan originally was approved there had been some
resistance from the neighbors.
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Bugle: Thought we would need to have a formal hearing.
Leven: Sue had spoken with Andrew and thought the Board was within their right to make the change.
Pierce: Motioned that we extend the timeframe noted in Paragraph 7 of the Agreement and Covenant for an
additional 2 years. Seconded by Taylor. Vote: All Aye. 5-0-0.
CONTUNED LEGAL HEARING for a Preliminary Plan #2009-22. Applicant/Owner: Peter Copelas, 135
Boston Street, Salem, MA 01970; Assessors' Map 42, Parcels 66, 67and Assessors' Map 47 Parcel 37. The
proposed division will divide the three parcels into approximately nine residential house lots.
Present: Dan Ojala
Ojala: Provided an update of where they were at in the process. He noted that they were working with Lester
Murphy to determine an agreement with the Murray's who had a concern regarding the property line. Mr. Ojala
felt confident that they would be able to come to an agreement.
Bugle: Noted that Planning Board member, John McMullen was not available tonight and therefore the Board
was short a member. Would Dan Ojala accept M. Pierce as a substitute? Ms. Pierce had reviewed the minutes
and is here tonight available to hear the plan. Mr. Ojala noted that they would be reviewing the details tonight
and agreed to the substitution.
Ojala: Showed the grid subdivision and the idea that they might be leaning toward the cluster subdivision. He
restated the fact that they believed they had ownership. Mr. Copelas has been assessed on the parcels and
they have sent in a copy of the deeds. They would be happy to tighten up the details on the ownership as they
proceed through the process. The additional information could be presented at the definitive stage.
Bugle: The property line issues could be resolved in civil litigation and out of the range of the Boards scope.
Taylor: How many lots are you proposing?
Ojala: 9 lots with majority of open space. They may be able to get an additional lot but not likely.
Taylor: Thought that 9 lots was the maximum and thought this application would fall under the new zoning
bylaw (NRPD). In the past the Board has used the actual date the bylaw was published as its effective date.
Bugle: Understood that an applicant could present a grid plan and that they were not required to go under the
NRPD. The NRPD is an option available for a developer not a requirement.
Leven: Would like to recommend that we get an opinion in writing from counsel. She felt that this plan and the
other application/plan Mr. Copelas has submitted did not fall under the NRPD.
Ojala: Would like to receive input from the Town as to what they are required to work under. Would like to get
an approval and then have the Board iron this out.
Leven: An approval locks you into whatever the zoning is at the time. The preliminary plan can be modified.
Bugle: wanted the applicant to be aware of the issues at hand.
Kuzman: Motioned to approve the preliminary plan. Seconded by Pierce. Vote: 4-1-0 (Taylor - No)
Bugle: Suggested that they get an ANR. And hopefully everything will be ironed out over the next few weeks.
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CONTINUED LEGAL HEARING - COPD##2008-25. Applicant: Catherine Sperry; Owner: Paula Sperry -
Located at 154 Archie's Cartway, Assessors' Map 38; Parcel 83-1. Proposal to change use of existing barn
to commercial - to be able to board horse (s).
Present: Paula Sperry
Sperry: Provided an overview of the application and the need to have a commercial barn at this location.
She primarily submitted the application because she has a need to protect herself and get insurance on the
property. Nothing will change on the property. They have 3 stalls and want to be able to legally board
horses.
Bugle: Read in the department reviews and then read the one abutter letter the Board had received. Bugle
asked Ms. Sperry to respond.
Sperry: commented on the condominium documents that were received. Ms. Sperry provided the
explanation. She noted that across the street there is a commercial barn. Ms. Sperry stated that she/her
mother only want to board 1 horse.
Bugle: A commercial stable is an allowed use in the district.
Leven: The Board has no authority to rule under the condominium documents. The Board can grant this
permit but whether it can be done under the condominium rules is something Ms. Sperry and the abutter
would have to work out.
Taylor: Did you try to go to Farm Family for your insurance?
Sperry: She tried but had not gotten anywhere. So she seemed stuck because according to her agent if
you are taking in money then it is a commercial use.
Bugle: Noted that the application was submitted under a COPD and really should be just a special permit
application. Ms. Sperry would need to refile. Need to continue and refile.
Taylor: Motioned to continue to January 13, 2010. Seconded by Tubman. Vote: All Aye.
Tubman left the hearing at 7:30pm.
2. Pre-Application Conference: Applicant: Legare Cuyler -Property located at 3038-3044 Main Street,
Assessors' Map 101; Parcel 26. Preliminary application for a proposed 78 foot wind turbine. Review
application/plans and to clarify the filing requirements.
Present: Legare Cuyler
Cuyler: Had a development plan review meeting last month. Asked for any assistance from the Board as to
how he should proceed with the application fora 78 foot turbine
Bugle: Asked if the turbine would be seen from Rte 6A.
Cuyler: it would be seen but there are trees that would be around the nursery retail area.
Bugle: Based on the fact that the turbine is in the HDC - he would recommend that he proceed with that
committee first.
Taylor: They are a farm and have over 5 acres which may make them exempt.
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Leven: Suggested that applicant gets his own legal opinion and then provide that to the Board.
Taylor: The Department of Agriculture would be able to give you counsel on the farm and exemptions.
Cuyler: From a marketing standpoint it is important that the turbine is visible.
Bugle: The Board would ask that you establish and document the use on the farm and for the turbine.
Kuzman: Expressed an interest in seeing this project move through the process. I
CONTINUED LEGAL HEARING for- COPD#2009-23. Applicant: Town of Brewster.- Property Located at
384 Underpass Road, Assessors' Map 26; Parcel 16-80. Construct an 11,900 square foot addition onto the
existing Stony Brook Elementary School. The current building is 91,000 square feet. REVIEW DRAFT
DECISION
Kuzman: Motioned to continue the hearing because the Board did not have 5 eligible members to vote on the
application/decision. Seconded by Taylor. All Aye. (4-0-0)
Other Business (continued):
3. Cobbs Pond -Map 17, lot 1; follow up on letter received from Property Management Co.; The Board has
received a memo from the Zoning Enforcement Officer stating they are in compliance in terms of the build
outs. The Board would like to know how the association is in terms of the tree trimming.
Taylor: Motioned to draft a letter to the conservation agent to request that they go out and asses the amount
of tree trimming and report the findings back to the Board. Seconded by Kuzman. All Aye.
4. NRPD Application: Draft had been submitted. The board received a copy of the draft and agreed to review
at the next meeting.
5. Meeting Minutes: October 28, 2009;
Taylor: Motioned to Approve with modifications. Seconded by Kuzman. All Aye.
6. Executive session meeting minutes July 22, 2009 -need to break out the regular meeting minutes.
Pierce: Motion to approve with the modifications. Seconded by Kuzman. All Aye.
7. Regular meeting minutes July 22, 2008
Taylor: Motioned to approve with modifications. Seconded by Kuzman. All Aye
Kuzman: Motioned to adjourn. Seconded by Pierce. All Aye.
Respectfully submitted,
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Marjorie Pi rce/Cler(k/(/
anne ci/Administra ve lerk
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