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HomeMy Public PortalAboutPlanning Board -- 1983-10-04 Minutes eREwsr Town of Brewster :I �i PLANNING BOARD D ( Y y— Brewster , Massachusetts o � � c `� ` 'hCOR P OtO k� . "ItA. If . Igo, f±_ •e BREWSTER PLANNING BOARD MINUTES OF THE MEETING \ OF OCTOBER 4 , 1983 The October 4 , 1983 meeting of the Planning Board was called to order at 7 : 30 p . m . by Chairman Eldredge with members Anderson , Gage , Hugli , Montgomery , Reed and Wise also attending . 1 Engineer Robin Wilcox of the office of R . J . O ' Hearn appeared again with an ANR plan of clients Richard A . Hamlin and Robert C . Chamberlain for property on Crowell ' s Bog Road . Mr . Wilcox reported that he had had 4 people look at the road and what is to be paved . He then distributed copies of the covenants and agreement which are limited to Lots 2 and 5 . The measuring of the road indicated 8 . 6 ' to 9 . 4 ' existing paving . Chairman Eldredge told of his inspection of the road and of the large holes in the surface and . asked if Messrs . Hamlin and Chamberlain would agree to fill these ? Robin Wilcox : " They agree to pave as much as what is in existance and fill the holes . " . . The chairman asked for a motion on the question . MOTION to accept Covenant , Agree - ment and Plan made by member Anderson and seconded by Mrs . Gage . There was a unani - mous vote in favor and the plan was approved and endorsed . 2 Selectman James Crocker came in for a discussion of his plan for development of a 534 , 000 sq . ft . parcel where he would like to: create 12 earth shelter homes . He had planned to, • construct two roads and has talked to the Water Department about bringing in water . He would either bring the utilities underground or via Damon Road . His alternative is to plan 7 lots or go to a standard subdivision . The chairman said that it was a very interesting project but it goes contrary to the Zoning By -Law . Mr . Crocker talked of how this would be a precedent setting commun- ity and the first of this type on the East Coast . He feels that if the roads are to be paved , it would spoil the entire project . Here Chairman Eldredge pointed out that all lots would have to have frontage on a road , and must be subdivided into given lots . Mr . Crocker said that he understood that a cluster subdivision would create the best use of the land . The Board asked if Mr . Crocker had discussed his proposal with an attorney or engineer and he replied that he had not . The chairman asked for the Board ' s feeling . Would this be an undertaking that the town would like ? One member expressed the feeling that this idea was not contrary to the Board ' s thinking . However , the Board may only act in line with the Zoning By -Laws ; approval comes with conforming to frontage and area requirements . Mr . Crocker agreed that it might be best to have an engineer look at the plan and might be able to plan the area to the greatest advantage . 3 Robert Crowell discussed his parent ' s property on the south side of Tubman Road where he is interested in building on a lot they hope to create on the rear portion of the land . The Chairman asked about the ownership of the present road between the Hall and Walters properties and its present condition , stating that there are some differences of opinion on what a road is for measurements . He continued by saying that fire and rescue equipment must be able to have access to the property , therefore , the exact status of the road must be known . Mr . Eldredge asked what the Board ' s feeling was . He reminded the Crowells that the Board would have to know that there would be no further subdivision of the property to the rear and further suggested that a panhandle lot could be created along the line of the Hall ' s property . It was also suggested that they see a lawyer about the existing right - o f -way . 11161, continued - BREWSTER PLANNING BOARD MINUTES OF THE MEETING OF OCTOBER 4 , 1983 PAGE 2 4 Peter Richmond appeared representing Creative Housing in the stead of Meyer Singer or Harry Blackie asking if the letter regarding their Special Permit had been received , and the chairman read the letter . Mr . Richmond showed estimates and a copy of a letter of credit that had been used in Yarmouth . The chairman question- ed the letter of credit and its use for finishing paving . Creative Housing have 5 homes under agreement now and would like to be granted occupancy permits . The Board members agreed that they would feel better about receiving a pass book in lieu of the letter of credit . The Board also wished to have a deadline or time limit to complete the work which is outlined in the letter . The permit allows until August of 1984 and the Board would like to stick to just what was agreed upon . They agreed to accept a pass book on 112 times the estimates so that permits may be issued with the understanding that the road work will be completed in accordance with the permit . Member Reed said that there is some little bit of . . leeway in completing projects . MOTION that upon receipt of a bank book ( $ 14 , 250 , not in motion ) and receipt of the estimates , a letter will be sent to the Building Department to release the developer from the conditions of the special permit as it pertains to these 5 homes . The bank book must be assigned to the Town of Brewster . Motion by member Reed and seconded by member Anderson ; unanimous vote for approval . 5 Engineer Albion Hart of Nickerson & Berger appeared for Dr . and Mrs . Orion Frey ( Homestead Realty Trust ) for King ' s Neck Subdivision requesting an extension of the covenants thereon . They have been informed that the Town is interested in the property for Water Department use . They do admit that Brewster is the only buyer in sight . Mr . Hart feels that a PUD is the best use of the property . The Freys want an extension of the time under the covenant until the Town indicates that they have no further interest in the property or the Moratorium is no longer in affect . There was a lengthy discussion of the problems attending the paving of the entrance roadway . The Board members pointed out that an extension for an indefinite time . . cannot be done but a specific period would be agreeable . MOTION to extend the covenant to October 4 , 1984 made by member Reed and seconded by member Wise . The Vote in favor was unanimous . 6 Albian Hart remained for a discussion of the road surface at Stony Hill subdivision where the original intent was to have a paved surface of 16 ' but the Board had approved an 18 ' paved surface per letter received from a Trustee of Stony Brook . . Realty Trust . MOTION to endorse the subdivision plans with a road surface of 18 ' made , seconded and unanimously approved . Mr . Hart stated that road construction has started and should be finished in 2 weeks and he would like the Board to con- sider the release of Lot 5 from the covenant so that it may be conveyed . Chairman Eldredge stated that Stony Hill Road should be completed before that release . This has been put on the agenda for the October 18th meeting . 7 The Board endorsed the plans of the Toman / Batt' subdivision and will hold the plans and linens pending payment or determination of payment of the $ 64 . filing fee . . . MOTION to endorse plan showing lots 1 and 2 made , seconded and unanimously approved . . . MOTION to endorse the Land Court Plan showing Lots 20 through 28 made , seconded and unanimously approved . 7 Minutes of the Planning Board meeting of September 20 , 1983 read and accepted . The chairman will contact the Selectmen about meeting in the Planning Board office , ex - cept in the case of a public hearing . A letter to the water department on land acquisition will be dictated . Meeting adjourned at 9 : 45 p . m . by motion . Respectfully submitted , Herbert Montgomery , Clerk ( Sig . ) i—