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HomeMy Public PortalAboutPlanning Board -- 1981-04-21 Minutes E 'sr0 Town 0 f Brewster C , , r ► i ; , �. T O` f ELVER PLANNING BOARD > O " � � .y Brewster , Massachusetts 02631 'NCORPOA A� �O ff9 . 19 . � 8 �� BREWSTER PLANNING BOARD MINUTES OF THE MEETING OF APRIL 21 , 1981 The Brewster Planning Board met on April 21 , 1981 in Brewster Town Hall with a full board in attendance . Chairman Eldredge conducted the meeting and asked Clerk Montgomery to read the minutes of the April 7 , 1981 meeting . On page 2 in paragraph 9 the last sentence is amended to read " After discussion Mr . Reed 10 moved and Ms . Wise seconded approval of the preliminary plan with the provision that Lots #2 and 43 be combined into one lot on the definitive plan and all were in favor " . Mr . Reed moved and Mr . Anderson seconded that the minutes be accepted as amended and it was a vote . James Ehrhart , prospective buyer of a lot within Standish Realty ' s Thousand Oaks II subdivision off the n/ s of Freeman ' s Way requested a Partial Release of Cov- 2 . enant for Lot #59 on Land Court Plan 38465A . He said that owner Ralph Maguire asked him to act as agent . It was explained that the lot designated as #63 on an unregistered plan has already been released by the Board . Mr . Ehrhart pre - sented a Release of Covenant and Mr . Montgomery moved and Mr . Reed seconded en - dorsement of the document and it was so voted and the Release executed and not - arized . During a discussion of the Morris and Kenneth Kazanjian subdivision off Mates Way it was agreed that all residents of Mates Way be notified that an inspect - ion of the way from Route #6A to the proposed access to the new subdivision will 3 , be held and that an inspection team from the Planning Board with Albion Hart , representing the petitioner , will also be present . The secretary will be asked to set down an inspection date at the convenience of the Town Engineer . Engineer Peter Soule of Schofield Bros . Engineering " Firm appeared for a re - sign- 4 . ing of a plan of property of Irene Anderson situated off the s / s of Route 439 for Land Court . The plan was originally signed April 3 , 1973 . Mr . Anderson moved and Mr . Montgomery seconded endorsement , it was so voted and the linen enscribed . At 8 PM a legal hearing was held for a definitive plan of a three lot subdivision of property of Katherine Gibbs LaFleur on the n/ s of Lower Road abutting Cape Cod Bay and Cobb ' s Pond . Chairman Eldredge read the legal advertisement which appeared 5 * in the ORACLE . Engineer Peter Soule acted as agent for Mrs . ' LaFleur . After plan scrutiny and discussion Mr : Wilkinson moved and Mr . Montgomery seconded conditional approval of the three lot subdivision and it was so voted and the plan endorsed . BREWSTER PLANNING BOARD MINUTES OF THE MEETING OF APRIL 21 , 1981 - Continued Page 2 At 8 : 30 PM a legal hearing was conducted for the three lot definitive subdivision plan of Michael Marholin et al on the n / s of Lower Road and abutting Cape Cod Bay . Mr . Eldredge read the ORACLE legal advertisement and Engineer Albion Hart repre - sented the petitioners and explained the roadway location , profile and drainage . 6 . . The Chairman read a letter from James Ehrhart , Police and Acting Fire Chief , who suggested a deletion of the existing roadway and its relocation as an emergency exit to the easterly property line for connection with a proposed concept within the LaFleur property . A letter from Health Agent Nancy Ellis was reviewed . It stated that in general the concept was acceptable but more test holes are nec - essary before approval and noted the 200% reserve area requirement . A comm- unication from Town Engineer Hanson confirmed that the roadway and profile con - form to Planning Board Rules and Regulations . Mr . Hart stated that a meeting will be held with the Conservation Commission regarding its restrictions on Wetlands and the Bay area and also on Orders of Condtions . Abuttor Mary Louise Eddy requested for a Covenant condition that the roadway name be amended to Wheeler Lane to which the petitioners agreed . Mrs . Gage 7 * moved and Mr . Anderson seconded conditional approval of the three lot sub - division and it was a vote . The plan was endorsed with a Covenant to be drafted by the Board . At 9 : 00 PM a legal hearing was held for consideration of the Application for a Special Permit . for a Planned Unit Development of the same property submitted by 8 . Brewster Associates c /o Michael Marholin . The Chairman read the ORACLE legal advertisement1 . ; introduced board members and called upon Attorney Myer Singer who represented Brewster Associates . He distributed proposed land use booklets ; ex - plained the legal aspects of the proposed concept and introduced Francis DiMella of Huygens & DiMella , Inc, . , Architects and Planners and also Albion Hart of the Nickerson and Berger Engineering Firm . The attorney stated there would be 62 condominium units in cluster groupings on the 31 . 47 + acre tract with 6 . 3 acres reserved for open space . He pointed out briefly how the proposed P . U . D . con - formed to the required criteria of the Zoning By -Law and also pointed out that the drawings submitted contained the required information . Listed as spef ic - ications of the Agreement are that no commercial uses shall be permitted with - in the premises ; that a fence be furnished prior to construction and maintained in perpetuity on the west property line length and that there shall be no con - struction within 251 of property lines . Mr . DiMella displayed a series of plans including one showing open space and recreation areas ; a large scale of typical clusters ; front elevation and perspective plans ; one for thoroughfare and pre - liminary public utilities , drainage and fire hydrants and a sketch showing test pit locations and soil logs . Mr . Hart reviewed the on- site inspection by the Planning Board and advised that detailed plans for the Wetlands and Bay areas will be submitted to the Conserv- - 9 . ation Commission at a meeting with that body . He spoke of plan reviews with the Town Engineer and Police /Act . Fire Chief and Water Department Superintendent who indicated the plans for the water system will be studied by Whitman & Howard Con- sulting Engineers . ' He added that Sanitarian Will Joy had advised that there is space available for a 200% reserve area requested by the Health Agent . BREWSTER PLANNING BOARD MINUTES OF THE MEETING OF APRIL 21 , 1981 - Continued Page 3 Chairman Eldredge then read letters from department heads . Chief Ehrhart recommended a fire exit that will tie into a future development to the East and Inspector of Build . ings David Thyng agreed and also suggested a change in the site of the tennis courts if they are to be lighted . He also stressed screening of parking areas . Torun Engineer 10 Hanson reported that the roadway conforms to Planning Boad regulations but there was insufficient detail on which to make a legitimate review of construction proposed and urged that the Board require detailed schedules of drainage , especially on the way abutting the Wetland areas . Attorney Singer assured the Board a fence would be furnished and maintained the full length of the Westerly boundary ; that the tennis courts would be unlighted and proper it screening would be provided and that there shall be a minimum clearing of the land . Mr . Reed moved and Mr . Anderson seconded that the application be taken under advisement and it was so voted . There was no endorsement of the Approval Not Required Plan of Corcoran, Mullins , Jennison , 12 Inc . for property within " Ocean Edge " Planned Unit Development as a representative did not appear to present the plan . An inspection report from Mr . Hanson of the DPW was read regarding the Crocker subdivision 13 roadway off the n/s of Route 4137 and he recommended the granting of a full release of Covenant . Mr . Montgomery moved and Ms . Wise seconded granting approval of a full Release of Covenant for the James and Cathleen Crocker subdivision and it was so voted and the document executed and notarized . It was announced that the legal hearing for the incorrectly worded Articles in the 14 ORACLE advertisement of the original hearing for the proposed Zoning By- Law amendments 1 . wi11 be held May . 5th at 7 : 30 PM after consultation with Town Counsel as to the legality of the first Hearing . Members voted that Chairman Eldredge attend the Cape /Island Spring Conference of the 15 Mass . Federation of Planning Boards at the Chatham Bars Inn on Saturday ,, May 169 1981 with expenses paid from the expense account . The meeting adjourned at 10 : 05 PM . ' Respectfull submitted Herbert Montgome rlerk HM/d a