HomeMy Public PortalAboutPlanning Board -- 1981-08-04 Minutes r
eREW.S Town of Brewster
PLANNING BOARD
® v► Brewster , Massachusetts 02631 `�
OAPOR
BREWSTER PLANNING BOARD
MINUTES OF THE MEETING OF
AUGUST 4 , 1981
The Brewster Planning Board met on August 4 , 1981 at 7 : 30 PM in Brewster Town Hall
with members Gage , Andersont Wilkinson , Montgomery and Reed present . Mr . Wilkinson
served as Chairman in the absence of Mr . Eldredge and Clerk Montgomery read the min -
t utes of the July 21st , 1981 meeting . Since there were no corrections , amendments or
deletions Mr . Reed moved and Mr . Anderson seconded that they be accepted as read and
it was so voted . Mr . Anderson asked that it be , put on record that remarks made in a
letter from Barbara Blau Chamberlain regarding the Bay Colony Property Company PUD
proposed for the Gibbs /LaFleur property on Lower Road were offensive to citizens
serving on boards and commissions of the Town of Brewster .
Realtor Michael Bedard of Brewster Landing Realty appeared to request a Release from
Covenant of Lot #1 in the Morris N . Kazan 6ian , Jr . subdivision off the w/s of Mate ' s
2 Way . Since the lot has adequate frontage on Route #6A Mrs . Gage moved and Mr . Anderson
seconded that Lot #1 be released from Covenant . It was so voted ; the release executed
and notarized .
Mr . Wilkinson advised that the opinion of Town Counsel was sought regarding proper
voting procedure in order to grant or deny' a Special Permit . This resulted from only
3 four members being present at the legal hearing to consider the Special Permit App -
lication of the Bay Colony Property Company at the July 21st meeting . Town Counsel
Spaulding was unable to make an opinion due to a conflict of interest and the matter
was referred to the law firm of Zisson and Veara . Since there was insufficient time
to deliver a written opinion Attorney Paul Bennati informed Mr . Wilkinson by tele -
phone that it was proper for four members to . sit at the Special Permit Hearing and
consider the evidence heard but the final vote shall be restricted to the original
four members based entirely on what was presented at the July 21st meeting .
Engineer Albion Hart presented the As Built Plan for the cluster subdivision of John
and Marjorie Crane located on the e / s of Leland Road and known as " Setucket Glen" .
4 Mr . Wilkinson read an inspection report from Town Engineer Hanson which revealed two
deficiencies -( 1 ) a street sign was not installed ( 2 ) approximately 150 ' of shoulder
abutting the berm on the southerly side of the roadway is eroded requiring reloaming
and reseeding . The inspection team felt that repair work could be postponed and cov-
ered under the maintenance deposit since grass seed will not germinate until fall .
$ 750 was estimated for the two year maintenance bond and $ 150 for repairs . After
discussion these terms were agreeable to Mr . Hart and Mr . Reed moved and Mrs . Gage
seconded that Mr . Hanson ' s report be accepted ; that a passbook for $ 900 be assigned
to the Town of Brewster as a two year maintenance bond and that assignment forms are
to be prepared and forwarded to Mr . Hart with a letter of explanation and it was so
voted .
BREWSTER PLANNING BOARD
MINUTES OF THE MEETING OF AUGUST 41 1981 - Continued
Page 2
Mr . Hart exhibited a sketch of property of Deborah Eldridge on the s /s of Route 6A
in East Brewster originally presented on July 1 , 1980 for discussion . Mrs . Eldridge
5 wishes to sell a small cottage on the property and the buyers want additional acre -
age . He presented an Approval Not Required Plan showing an increase in the lot area
to 21 , 478 + square feet . Mr . Anderson moved and Mr . Montgomery seconded approval of
the plan and it was a vote and signed accordingly .
He also presented an Approval Not Required Plan of property of Roger and Janet Bentley
6 off the w/ s of Route #137 for Land Court registration explaining that Lot #1 is to be
conveyed to abuttors , the heirs of Lottie Darling . Lot #2 will remain with the present
owners and Lot A on the original plan of June 1977 and Lot #2 on the present plan are
considered as a single lot . The necessity of the plan is that the Darling property
is being Land Courted and the Bentley title is not presently marketable . After dis -
cussion the secretary suggested that Mr . Hart send a letter of explanation to be filed
with the plan and a copy given to the Inspector of Buildings . This was agreeable and
Mr . Reed moved and Mr . Anderson seconded approval ; it was so voted and the plan signed .
Mr . Wilkinson advised the Board of the status of the Special Permit for the PUD of
Brewster Associates c /o Michael Marholin approved for the n / s of Lower Road . It has
7 developed that James and Ann Thornton did not convey to Brewster Associates c /o Michael
Marholin but to Brewster Associates Trust . He displayed a copy of a document of trust
filed with the Registry of Deeds - on July 27 , 1981 with an amendment filed 7 / 31 /81 add -
ing Louis Vallencourt , member of the original development team . Mr . Wilkinson con-
tended that , sinco they are two separate entities , Brewster Associates Trust should be
requested to apply for a new Special Permit and that all towndepartments , boards and
commissions receive a copy of the request . During discussion Mr . Howard Hayes asked
what would be accomplished by repeating the procedure . Mr . Wilkinson said he felt
the new owners should be made aware of the needs of the Board ; that ' a better working
relationship would be established if the new owners were directly involved with the
local boards and commissions . He added that the attorney for Brewster Associates
Trust was already aware of the Board ' s sentiments . Mrs . Gage moved and Mr . Anderson
seconded that Brewster Associates Trust be notified that they are expected " to file a
new application for a Special Permit for a PUD and that a copy of the letter be given
to - all town departments , boards and commissions . It was so voted .
Mr . and Mrs . Frederick Wheeler , owners of the former Willis property on Underpass Road ,
8 came in for a clarification of the area zoning . They explained they wished to utilize
an additional half acre of the property and were uncertain how to proceed as they feel
the roadway is becoming very industrialized . Mr . 11heeler made several disparaging re - l
marks about some of the businesses being operated there and questioned if this were
the intent of the Board and Town . Members gave suggestions for uses and advised that
if the Wheelers felt there are zoning violations that a complaint should be filed with
the Inspector of Buildings as he is Zoning Agent also . Mr . Wilkinson suggested that
if they wish use changes to submit them for the Board ' s consideration . prior to the next
annual Town Meeting and expressed appreciation for their imput . ,
5
, BR-MISTER PLANNING BOARD
' MINUTES OF THE MEETING OF AUGUST 4 , 1981 - Continued
Page 3
Board members briefly reviewed Comments from the Housing Needs Survey of Brewster Res -
idents . Mrs . Gage was a member of the ad hoc committee working on the survey and it
gives many expressions of opinions of Brewster residents concerned about growth in the
Town .
She also summarized the meeting of the Selectmen , Mr . Wilkinson and herself with In -
spector of Buildings David Thyng regarding access on ancient ways which resulted in an
impasse . It was agreed that a meeting should be arranged with Town Counsel Spaulding
for a clarification of his written opinion .
Engineer Robert Garcia presented an Approval Not Required Plan of land of Gregory and
Susan Bookach off the w/ s of Greenland Pond Road in Beechwood Landing off the w/ s of
L Route 4137 . He explained that the Bookachs had recently purchased a land locked parcel
of the subdivision in the rear of their property and now are creating two lots . Lot #2
of 1 . 087 acres is to become a part of their property and Lot #1 of 31 , 556 square feet is
to be conveyed to abuttors to be used . in conjunction with their property . and the plan
was notated accordingly since neither lot had proper frontage or size . Mr . Garcia was
asked to send a letter of explanation , a copy of which is to be forwarded to the In-
spector of Buildings . Mr . Montgomery moved and Mrs . Gage seconded approval of the plan
and it was so voted and endorsed accordingly . '
Engineer William Leiberman and representatives of Viking Vacations International with
2 Builder William Meagher came in to discuss proposed changes for Lot A - 1 within the
g.tbwster Green Planned Unit Development . It was disclosed that VVI has purchsed 17 . 5
acres of the tract abutting South Pond Drive , Lund Farm Way and the Brewster Golf Course .
Mr . Leiberman displayed a study plan of proposed changes in amenities . They include a 80
x 100 square foot clubhouse to house a swimming pool , sauna , handball courts and office .
Other added features are playgrounds , outdoor pools , croquet and shielded tennis courts
and a screened parking facility for seventy five vehicles . There would be a reduction
in residential units on the tract and the concept would involve a time sharing type of
ownership .
13 Board members voiced their concerns that units eliminated on the parcel might be made
up in another section of the PUD ; that twenty five acres is the minimum land requirement
for this type of development and when a developer is given approval for a PUD he has
contracted to complete the project and . is not exto Fell off a part of it . Also
members strongly felt that time sharing ownership,. is not the intent of the PUD concept .
After a spirited discussion with Mr . Lieberman, _ _Mr . Meagher and representatives of VVI
the Board members felt that the matter should be . .- taken% advisement . Mrs . Gage
moved and Mr . Reed seconded that permission be ' asked ,of the Board of Selectmen to
seek Town Counsel ' s opinion on the several ` 'issues -raised by the discussion and it was
so voted with a copy of the letter to Mr . Spaulding forwarded , to_ . th@ : Inspector of
Buildings . ' .
Several residents of Breakwater Acres with Attorney Frank Sheale'y participated ' 3,n . ,d
4 discussion of the Special Permit Application sought by Bay Colony Property Com,� any,- - .
for . a , Planned Unit Development on the Gibbs /LaFleur property on the n/ s of ' Li weha : Road .
Mr . Wilkinson asked that Mrs . Gage and Mr . Reed not participate in discussion '.'but !" 1 : : ,
stay for a quorum . It was agreed that the property be walked on Saturday morning at
10 AM . The secretary was asked to contact Engineer Peter S6ule also . Mr . Wilkinson
reviewed briefly the conditions already met adding that : he , hbped that they would: - ex-
:-
i
BREWSTER PLANNING BOARD
MINUTES OF THE MEETING OF AUGUST 4 , 1981 as Continued
Page 4
clude time sharing and Mr . Hayes said he felt the developers would have no objection .
Messrs . Montgomery , Wilkinson and Anderson proceeded to review Soil Conservation Maps
of the area prepared for the Town of $rewster by the US Department of Agriculture Soil
i4 Conservation Service in cooperation with Barnstable Conservation District anMay 1969 .
They revealed there is not alot ' of sand and gravel ; that the soil limitation for road
ways is acceptable ; the relation of soil to runoff is low ; the relation to the, seasonal
high water table is close to the surface ; land slope characteristics are moderate ; 0
dications are fairly good for sewage and moderate for home sites . the relation to wet -
land wildlife was severe . Mr . Anderson said he is much concerned about th6 high con -
centration of sewage and the pollution of the pond and feels that the high water table
and low land of the area make it subject to Board of Health approval .
After suggestions from abuttors Mr . Wilkinson agreed that Mr . Soule will be asked to
� S determine what trees will be removed . It was decided that after walking the land the
Conditions of Approval for the Special Permit will be drawn up and discussed by the
four members sitting at the original hearing . Miss Wise will be asked by the secretary
to take part in the on - site inspection .
Adjournment was at 10 PM .
Respectfully submitted ,
W' �K Sebert Mon o III ,
Clerk
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