HomeMy Public PortalAboutPlanning Board -- 1981-04-21 Minutes E 'sr0 Town 0 f Brewster C , , r ► i ; , �. T
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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