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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 as written July 14, 2010: Vote: 7-0-0
TOWN OF BREWSTER MINUTES OF PLANNING BOARD
REGULAR MEETING
Wednesday, June 9, 2010 at 6:30 P.M.
Brewster Town Office Building
Chairman Taylor convened the Planning Board meeting at 6:30 pm in the Brewster Town
Office Building with members Barnard, Kuzman, McMullen, Collum and Leaning.
Absent: Bugle
Also Present: Sue Leven, Town Planner
Other Business:
1. Informal Discussion with Chamber of Commerce to discuss the sign bylaw
Present: Kyle Hinkle, Executive Director of the Chamber of Commerce
Hinkle: Wanted to clarify that Harwich is not opposed to A-frame signs. Harwich
supports business and will assist in anyway they can. She also noted that there appear to
be contradictions within the Brewster sign by-law. The Chamber is ready to work on this
issue and is ready to work with the Town Planner on this by-law. Ms. Hinkle attended a
seminar in late March and learned about concepts that help to create successful signs.
Ms. Hinkle shared some of what she learned about how to use your signage correctly.
The Chamber would like to work with the Planning Board and the Historic District
Commission. The Chamber would like to first provide a revision to the bylaw that
addresses A-frames and then in the Spring work on the whole sign by-law.
On June 24th at 7:30am a meeting is being held to help people understand ways to have
effective signage -the look, color, what works and what doesn't and design concepts that
need to be taken into consideration when developing signs. Ms. Leven will be in
attendance and the Chamber felt it was the first step in the right direction.
Taylor: Any comments from the Board members?
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McMullen: Without getting into the mechanics of this which will be addressed later on, A-
frame signs need be removed and used only when the business is open.
Collum: What kind of issues will we have with HDC?
Hinkle: She has learned that the HDC would like to see the sign noise cleaned up. It is
her understanding that HDC would have final approval over the sign. First step is that
they get the by-law approved and then the 2"d step is to have HDC approve the
requirements for an A-frame sign.
Staley: It is important that the HDC is part of the whole discussion. You don't want to
pass the by-law and then put the whole burden on the HDC.
Kuzman: Needs to be consistent across the whole town.
Barnard: When you pass through Brewster from the Ice House to Orleans it is looking
shabby and it is not a look that is what he thinks of as Brewster. Mr. Barnard challenges
the Chamber and the Planning Board to find a way to allow signs that look attractive.
Hinkle: People need to think about what is a readable size for a sign. How does the sign
fit into the streetscape and the surrounding environment?
Barnard: How effective are the signs in the state right of way? The state could take those
signs if they wanted.
Leaning: No comments
Leven: She has had many discussions with Ms. Hinkle and has found that if everyone is
willing to work on this issue then it can be moved forward.
Taylor: Knows the by-law needs work. The Town has to control the signs and find a way
to make it work for the citizens. In addition, we need to work with HDC.
No further comments were made.
CONTINUED LEGAL HEARING -Corridor Overlay Protection District - COPD #2010-
09 Applicant: Robert Evans, A & E Architects, Inc./Club Dry Dock -Owner: New England
Fire Museum -Property is 1439 Main Street and shown on Assessors' Map 24; Parcel 1.
The applicant proposes to change of use: gift shop to meeting house, add two (2)
handicapped parking spaces to rear of building and handicapped ramp.
Present: Robert Evans, A&E; Bill Murphy, Trustee with Dry Dock
Taylor: Noted that the revised plans were only submitted this afternoon and the Board
really hasn't had a chance to review. She also pointed out that Mr. Bugle was not present
therefore the Board did not have 5 eligible members present for the hearing. She wanted
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to make sure the applicant was aware and that they would agree to allow Mr. Bugle to
review the minutes from the meeting and sit in at the next meeting.
Evans: Apologized for the delay -they are all volunteers. He pointed out the 3 main
issues that were outstanding from the last meeting: 1. Parking spaces: They needed to
be delineated (stripes and wheel stops); 2. The overflow parking: they have added 5 new
spaces in the grassy area at the building level; 3. Buffer -Unsure what the buffer would
be but they felt they would do what the Board requested. Dry Dock would hope that the
Board would keep in mind that this is anon-profit entity and they don't have a lot of
money.
The other issue mentioned was smoking and the noise at night: There are no smoking
signs around the property and felt they had address. The trustees continue to inform the
attendees to respect the neighbors and keep the noise down.
Murphy: The rules and regulations are posted on the premises. To understand, Club Dry
Dock has rules for the facilities but they do not hold the meetings.
Taylor: First let's deal with the plan, which she realizes the Board just received and the
Board may not have had a chance to go out and visit.
Murphy: Informed the Board that they were welcome to go into the facility for the next
Trustees meeting on July 13th at 6:30pm all are welcome to attend. He has passed out
the flyer to several neighbors and Mr. Murphy will send out a notice to the abutters
McMullen: what is the capacity of the building? How many parking spaces are provided?
What is the SF?
Evans: 64 people; 43 parking spaces are provided. Most facilities don't have a matching
number; 850 SF. They base the occupancy load on 640 SF and that is how they get to
the 64 person capacity.
McMullen: Concerned that when he drives by the parking lot and it is full. What happens
with the overflow?
Murphy: They don't want to turn away people in need. Club Dry Dock is trying to address
this issue and that is why they have expanded to the back parking lot. For them this is
lighting speed. They are a Board of Trustees that meet only once a month. The noon
time meeting is when they are the busiest. Meetings are usually 1 to 1 %2 hours and run
from lam and 9pm.
Collum: no comments.
Kuzman: Still concerned about the parking.
Taylor: Drove by recently -they had the 2 rows and there were people parked down the
middle. Isn't that a safety issue?
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Murphy: They do make announcements during the meetings regarding what is allowed on
the premises.
Evans: When they stripe the parking lot they do plan to put in "no parking" areas.
Staley: Thinks that people recognize that everyone comes and goes at the same time
and the middle parking isn't as much of a concern.
Barnard: Drove up there today -Was unsure on how the cars are going to get to the back
parking lot.
Murphy: They will have to excavate but want to know what the Planning Board requires
before they start doing something. They will proceed based on the Boards requirements
Barnard: It may be appropriate to have a site visit.
Leaning: His question is that given the popularity of the facility -anyway to use the back
warehouse?
Murphy: They technically only rent the "gift" shop area. There are other available places
on the property but they are not allowed to use them.
Evans: If they are able to get use of the other areas on the property then they will.
Leven: Is this considered a place of assembly? If so then, public assembly requires 1
space for every 3 people and this use meets the bylaw requirement. The Planning Board
can't require them to do more then what is required in the regulations/by-law. Also,
wanted to make sure the railroad ties would be secured. Wanted to know the distance of
the parking spaces to the lot lines and requested additional information on the screening.
She understands that the applicant has limited resources. A sign for handicap parking
should be included. Do you have open wall space around the entrance? If you do then
you should put up a larger size sign about respecting the neighborhood that will allow the
message to sink in. That way it is the last thing the attendees see before going out of the
building. Finally, the lighting outside of the building? There is a bright light on the
telephone pole to show the entrance. Can this be shut off after hours? The applicant
noted that they have placed signs outside saying "Please don't smoke and respect the
neighbors".
Taylor: have you met with the neighbors?
Murphy: not yet -they just received the approval from the trustees to hold the meeting.
Taylor: opened to the floor to the public.
Howes (1444 Main Street) - sent a letter that was read in at the last meeting: His major
issue was a safety concern -and the trustees are not policing. He has seen 3 significant
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accidents at this location. This is a gift shop - it was not designed as a function hall. If he
called the police for every issue then the police would have to hire another person. Trash
is all over the place.
Leven: She wants to make sure that everyone understands that the Board is not here to
address the use - it is a permitted use.
Howes: understands the use is permitted but the concern is the safety.
Amy Maloney: Wanted to address the no smoking issue. There are ash trays outside.
The yellow light out front is on 24 hours a day and it lights up her house. The noise is a
concern -people congregate outside before and after the meetings. Too many people
use the facility especially in a residential zone.
Matkrick: 1425 Main Street -agreed with the other abutters. The no-smoking signs are
above the ash trays. Too many people for the location.
Dugan, a neighbor: This is a residential area and this has become a burden. The site is
only so big and 2 sides have wetlands. The parking lot is full and how would an
emergency vehicle address an emergency. The building and the parking can only
accommodate so many people. It is dangerous and is only so big.
Howes: what is the total occupancy for a building with concrete on either side of the
entrance?
Staley: The concrete is a building code issue -and this is an egress and ingress issue.
The building department would make sure that it conforms for the use when/after the
Board approves the permit.
Taylor: would like to continue after Dry Dock meets with the neighbors and after the
Board has had a chance for a group site visit. Any further comments?
McMullen: has a lot of problems -you have to address the residential area....a former
museum that was a good fit. This use causes a lot more traffic and it appears there is a
safety issue. Dry Dock is a good thing but is wondering if that is the right location for the
area?
Evans: when Dry Dock left Swamp Road they looked at many different places. They felt
this met the needs of the club. A lot of 6A is residential and there are many businesses
along the way. The noon and the 5pm meeting times are the highest traffic -they are
willing to work on it. They have and will continue to address the needs of the town.
Staley: Club Dry Dock is a non profit entity which only gives limited authority for the
Board.
Murphy: they would like to be out in the woods if anyone had any other solutions they
would be willing to review.
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Taylor: would like to encourage a meeting prior to the 13tH
Henry Shepherd, Trustee of Dry Dock: They would be willing to hold an emergency
meeting prior to the 13
Barbara Tamasse, Trustee of Dry Dock: She goes everyday and announces the
concerns. They could have one of their attendees out in the parking lot "policing" the lot.
Collum: The light -does it need to be on all the time or can it be shut off after hours?
Murphy: Would address the light issue with NStar and see what could be done.
Kuzman: 2 conditions that he thought of: posting a large sign with in the building stating
rules for attendance and; someone out in the parking lot "policing".
Leaning: Having someone policing the smoking is going to be tough. The signs would be
helpful but limited. Traffic detail may be more appropriate but he understands there is a
cost associated.
Murphy: had not received any police notifications and was unaware of any police issues.
The alarm is the fire museum's and not the gift shop. Leaning gave Mr. Murphy a copy of
the police reports an abutter had submitted.
Barnard: What is happening with the parking on the berm in the front? Murphy stated
that No Parking signs are clearly posted. Barnard would encourage the Board to go on a
site visit.
Kara Duff, a citizen: suggested that attendees car pool.
Dugan: Hoped that the Board members would get together and go on a site visit.
Murphy: the meetings are at: 7 am, noon, 5pm and 6 or 7:30 pm
Barnard: the busiest meeting is? Noon and 5pm
Taylor: Suggested that members go out individually, and that Dry Dock schedule a
neighborhood meeting asap.
Leven: Reinforced Victor's point: on the Educational, non-profit status of the applicant.
The Board can establish reasonable site plan requests but it is limited in conditions.
Next trustees meeting is June 15tH at the 6:30.
Evans. Asked when he needed revised information in for the Board. Leven felt that June
30t" was a good date that would allow her enough time to review prior to sending the
information to the Board.
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Barnard: Felt we should make the Police Chief aware of the additional parking.
Barnard: Motion to continue to until July 14. Kuzman Seconded. Vote: 4-0-2
(Abstained: Leaning, Collum).
CONTINUED LEGAL HEARING -Corridor Overlay Protection District - COPD #2010-
12 Applicant: Bayside Seafood and Market, LLC; Owner: Cathy & Todd Hoyt -Property
is 2740 Main Street and shown on Assessors' Map 14; Parcel 61-1. The applicant
proposes to modify special permit #2005-07 to allow applicant to apply for a package store
license. -REVIEW DRAFT DECISION
Present: Cathy Hoyt
Taylor: Asked the Board if they had any comments/changes regarding the draft decision or
the application. A few minor modifications were noted for the decision.
Leaning: Motioned to approve the application and the decision with the modifications
noted. Seconded by Barnard: Vote: All aye (6-0-0).
LEGAL HEARING -Definitive Subdivision #2010-13 Applicant: Peter Copelas -
Property is located on vacant wooded land south of Freeman's way, east of William Maker
Way, west of Cove Road and shown on Assessors' Map 42; Parcels 66 & 67 and on Map
47; Parcel 37. The purpose of this application is to subdivide the current 3 lots into 9 lots.
Present: Dan Ojala, Jon Idman, Attorney from Singer & Singer
Ojala: A preliminary plan was submitted to the Planning Board several months ago and
now they have moved on to the definitive process. He provided an overview of the
definitive plan; He showed 2 plans; cluster and the grid subdivision. The plan the
applicant would like the Board to focus on is the cluster plan. It utilizes smart planning
and preserves the land in the rear. In addition, the applicant provided the topo plan
showing the portion of land that would be developed. A bio retention area is provided.
They have tried to go through the regulations and show everything that is required.
Mr. Ojala pointed out that the Board is allowed to waive some regulations. The applicant
would like to request a "green" island in the cul-de-sac, as opposed to paving the entire
area in order to make it more appealing. The preliminary plan was stamped in on
10/16/09 and the definitive was submitted within 7 months. There are no sight distance
issues, not a lot of cut and fill, they are protecting a lot of land and think it is a good thing
for the town.
Taylor: did you consider a centralized wastewater system for the 9 lots.
Ojala: the lots are only for 3 bedrooms and they didn't think it would be practical for only 9
lots. There is light density overall for 26 + acres and trust Title 5.
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Taylor: why is there a band of open space around each lot?
Ojala: Felt it was better as a buffer for the neighbors. The lots don't really need to be
bigger. A homeowners association would be established for the open space.
Idman: Section 35 B.9 addresses the open space -would like to understand how the
Board felt.
Taylor: Without some protection a neighborhood association doesn't work out well. The
"open" space is supposed to function as wildlife habitat - it doesn't work that well without
a conservation restriction. Opened to the Board for comment
Leaning: Concerned about Title 5 -and the comment that they thought it would take care
of the issue. This subdivision is in the Town's DCPC and we need to protect our water.
He urged the applicant to spend a little time to see what is possible.
Ojala: Could look into these solutions -conventional system has been used in lower
density. What would be required for the open space?
Idman: If it were conveyed to the Town then would you still need the CR?
Leven: If the Town takes the land then a CR is not necessary.
Taylor: Or we could have someone else hold the CR (Conservation Restriction)
Leven: This is not a conversation we need to have today.
Barnard: Same subject of the open space -and it works out pretty well. Just need to
have the space conveyed as soon possible. Would like to entertain the idea of a narrower
road. The volume of traffic for only 9 lots does not necessitate a 40 foot road.
Idman: If they seek waivers from the Town then they loose the ability to have the Town
plow the roads.
Kuzman: Asked the applicant to verify the location because the old assessors map
shows Cove Road going through the lot but this plan shows it actually further down
Freeman's way. Also, regarding Lot 9 -what is the distance from Freemans?
Ojala: The distance for lot 9 looks like 60 feet - 80 feet down by William Maker. They feel
there is a nice buffer and they would like to have the development upfront because the
road cost is about $200+ per foot.
Collum: thinks it looks good, open space in the back is good, and in the town's best
interest.
McMullen: would like the applicant to address the cul-de-sac with the fire department
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Barnard: Discussion regarding drainage. Ojala -clarified how they plan to address the
drainage as a natural feature for the site.
Taylor: Read in the Department Reviews.
Barnard: 18 foot wide road would be his suggestion.
Idman: if the Board would allow the deviation then they would have to speak with DPW
and the client. The Town definition of street would be jeopardized and they would need to
review before they proceeded with this modification.
Leven: This is similar to the issues regarding parking. If the Board wants a lesser road
then they will have to rewrite the regulations. DPW would have to ok a narrower road in
order to plow.
Taylor: any further comments from the Board - No. Opened to the Public
Kara Duff: The entrance looks like it is directly across the street from her home. Is there
a way that the entrance could be moved or a buffer to block the headlights from shining
directly into her home? Also, she expressed concern about the drainage -will the water
go across the street?
Ojala: the headlights are going to sweep -people taking a left it is going to shine
Leven: Could Mr. Ojala put a stake in the center of the road to show where it is
proposed?
Ojala: He would be happy to put a stake in and see the impact. You could buy blinds;
you would be surprised that there would be limited traffic.
Idman: The rules/regulations require a street light at the intersection -how does the
Board feel about this?
Tom Walker, William Maker Way: It was his understanding that when this land was
surveyed there were some discrepancies. Would this plan stand if the back lot line
changed and would this be a viable development? Or if the Board approves then what
happens if later on a discrepancy is found? Right now the plan crosses over 3 lots.
Ojala: The assessors maps have been known to be inaccurate and the assessors map
are not always surveyed. We could throw out hypothetical questions all day but that is not
why we are here. He stands here and in his professional opinion the information is
accurate and it is backed by his license.
Leven: If someone is going to be buying the property then a question of the title would be
cleared up. The Board is not ruling on the title. They have to base their approval on what
is before them. If someone puts in a claim later then it would probably be a civil matter.
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Barbara Marsha, William Maker Way: a plan submitted in October, 2009 -how was that
plan submitted without any markers or a survey?
Ojala: He had been out there and based the preliminary plan on GPS and did make some
markings. The preliminary plan is rough and has been refined now with the definitive
plan.
Marsha: has the owner, Murray, been notified and don't they own some of the land in the
back?
Ojala: there is some discrepancy with the assessors map and Mr. Copelas does feel that
he owns the land.
Marsha: She submitted a letter from Mr. Richard Davenport, an abutter. She is 100%
opposed to the plan and wants to make sure that people know the impact on the
groundwater with approving a development on top of one of the Towns wells.
Ojala: showed a map that showed the proposed development was roughly 1,500 feet to
the nearest well.
Idman: Informed the audience that the Town requires a developer to prepare a traditional
grid subdivision and a cluster subdivision. The Planning Board and the Board of Health
review the plans in relationship to the by-laws and the regulations. If the plan meets these
guidelines then the plan should be approved. The applicant is requesting a cluster
subdivision which they feel is better than a grid because it is offers consolidated
development and open space. There is a lot of space here - we have over 26 acres of
land and only are proposing 9 lots with 3 bedrooms per lot.
Ojala: what we are talking about is approximately 1 bedroom per acre.
Richard Barber, William Maker Way: Opposed to the plan. How many acres are the 9
houses actually sitting on? Why consolidate the development -you aren't looking at the
whole property.
Ojala: the grid subdivision doesn't work as well
Patricia Whelan and her husband: they are opposed to the plan.
Joan Corcoran: opposed
Josh from William Maker Way: opposed - Mr. Copelas is only interested in making
money.
Taylor: a property owner is allowed to develop based on what is permissible by law. All
we/the Planning Board can do is deal with what is before us tonight. If it meets our
requirements then we make our decision.
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Leaning: Mr. Barber -according to his math -the 9 lots will sit on about 7.5 acres. That
doesn't translate to 1 bedroom per acre. Not a fan of development but it is allowed.
Bill Marshall: who can use the open space and what can be done with the open space?
Taylor: that would be determined in the conservation restriction - or if it is put under the
custody of the town then there would be ample space to access.
Ojala: there is open space and would accessible.
Marshall: how will the water pressure be affected?
Ojala: a full connection would be established and the pressure typically would improve.
Taylor: The new water quality performance standards need to be addressed -particularly
the 5ppp.
Susan Barber: 2 questions: 1. the water runs off to an open area -will it be standing for
a period of time? Ojala: In his professional opinion it will not be a problem. If it became
one then the homeowners would be responsible. 2"d question: Don't understand the lot
size for a Cluster subdivision? Ojala: The minimum is 5,000 SF they are proposing
30,000 + SF
Ojala: When a cluster subdivision is approved it restricts further development on the open
space and the developer would not be allowed to ever subdivide the back lot.
Marsha: Would the Board take a field trip? And look at the beauty?
McMullen: Mr. Copelas owns the property and he can do what he wants.
Taylor: do think we need to continue so that they can address 179.35. (the Question
regarding the requirement for the landscape architect) and the requirement of 5ppm
nitrogen.
Leven: this is a plot plan for a residential plan and a Landscape Architect's stamp
probably isn't necessary.
Ojala: a quick memo can be addressed -will provide in a written memo for the Board.
Leaning: Is it within our purview -can we ask them to look into a centralized system?
Taylor: we can ask but it is not a requirement.
Ojala: street light? What is the Board's feeling?
Taylor: that is something we should discuss with the Police Department?
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Ojala: possibly a rock with some light shining on it?
Michael Lach, Governor Bradford Road: clearly there are some disgruntled people here.
But the property owner needs to do what they want; would they consider an aggregate
septic system; the plan was filed prior to the new zoning by-law -would the applicant
consider the reduced number of lots. Just a thought?
Ojala: Does the Board have a direction on the cul-de-sac? Meet with the Fire
Department.
Collum: they do have a thing called a "green" driveway -that might be nice to way to
address the cul-de-sac.
Ojala: would see where they get with the Fire Department.
Taylor: would like to see an association that encourages reduced lawn sizes; restrict
fertilizer especially given that the land is in the DCPC.
Barnard: Road width: 22 foot road width and berms? Why can't we reduce? 18 inch
berms proposed - we could do 12 inch that should be fine
Taylor: They may jeopardize the plowing.
McMullen: the by-law should be changed
McMullen: Motioned to continue to July 14 to allow the applicant to provide additional
information. Seconded by Kuzman: Vote: All Aye.
CONTINUED Application for Endorsement of Plan Believed not to Require Approval
- ANR#2010-07 Applicant: Dennis W. & Elaine F. Dugan -Property is located off of Great
Fields Road and shown on Assessors' Map 35; Parcel 7-2. The purpose of this plan is to
create a 40,650 +/- square foot lot from the existing 13 +/- acre property owned by the
Dugans for conveyance purposes only. 6/4 APPLICANT REQUESTED A CONTINUANCE
Taylor: Read the request for the continuance
McMullen: Motioned to approve continuance to the next Meeting on 06-23-10. Seconded
by Barnard. All Aye
Other Business:
1. Letter from Victor regarding Allard. McMullen: suggested we wait until we hearfrom
Victor
2. A brief discussion regarding the Letter from Sharon Ledder re: the Garden Center on
6A. Ms. Leven had not heard whether Ms. Ledder had an answer yet.
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3. Planning Goals: discuss Zoning issues; do we want to set up a separate meeting?
Leven: any suggestions on zoning please send to Sue. ET: mixed use on Underpass
Road -would like to address; there are illegal business out there and we need to address
4. Leven: Do not ever say "we would probably approve something" regarding something
the Board has not seen, and read decisions before the meeting. Also, a roll call vote is
not necessary unless it is an executive session.
Action Items
Case #/Reference Action
Who Due Date
Revise Sign Review existing Sign bylaw Board and Target Fall Town
B law Planner Meetin
COPD#2010-09: 1. Meet with neighbors Applicant 1. Revised plan due
Club Dry Dock 2. Post larger signs regarding on June 30, 2010
policies 2. Hearing
3. Light on Pole Continued to July 14,
4. Submit revised site plan with 2010
the re uested chan es
COPD#2010-09: 1. Site Visit (meeting times Board 1. Board is invited -
Club Dry Dock lam, noon, 5pm, 6 or 7:30 pm) not a requirement
2. Planner to attend Trustee 2. Revised plan due
meeting on June 30, 2010
3. Submit revised parking plan
to Police/Fire
Def. Sub.#2010- 1. Determine Street Light req. Applicant 1. Information due
13 2. Documents require by July 7, 2010
Copelas (off Registered Landscape Architect 2. Hearing
Freemans Way) stamp Continued to July 14,
3. Address items in Article XI; 2010
Section 56-B-11 and 57-A
(Water Quality)
4. Address Cul-de-sac concern
with FD
5. Contact NHESP
COPD #2010-12 Decision to be signed and filed Elizabeth/ By June 16, 2010
Ba side Seafood with the Town Clerk Ja anne
Proposed Zoning Any Suggestions Board By June 17 in order
Changes to be discussed at
the next PB meetin .
Upcoming Meetings -Invitations were extended to the Board. These meetings are not required
Date Time
Meetin
Pur ose
June 15 6:30 pm Club Dry Dock
Location: 1439 Main Street Trustees Meeting
June 24 7:30am -gam Chamber of Commerce Si ns: Desi n, Streetsca es
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Location: Town Hall nd
B laws
July 13 6:30 pm Club Dry Dock Trustees Meeting
Location: 1439 Main Street
McMullen: Motioned to adjourn. Seconded by Barnard. All Aye.
Respectfully submitted,
John Leaning/Clerk
nior Department Assistant
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