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Home My Public Portal AboutPlanning Board -- 1980-01-31 Minutes t It EJ 17, LANN1f%TG BOARD Brewster , rvlassr:cli use tts 02631 ihcORPORA� �'� av 0 ffe . I9aISO , t b d1S o BREWSTER PTANNI-NG BOARD MINUTES OF 1'HE SPECIAL MEETING OF JAI41JARY 31 , 1980 The Brewster Planning Board held a special mraeting on January 31 , 1980 at Brewster Town Hall at 8 : 00 PM with all members present . Town Counsel Lawrence Spaulding ; Messrs . Lobingier , Grueeninger and Dr . Pyle from the Conservation Corm ission ; Mrs . Marion Wylie of the Historic Commission ; Mr . Sanford Tubman of the Historic District Coyiffn ttee were among the more than twenty people in attendance . Mr . Eldredge read the minutes of the special meeting of January 21 , 1980 . The Chairman asked if there were errors , omissions or amendments and there being none , Mr . Lazarus moved and Mrs . Gage seconded that they be accepted as read and it was a vote . Chairman Reed told members that after the January 31st meeting he discussed the Planning Board ' s opinion with John Drew , Vice President of Corcoran , Mullins and Jennison , developers of Ocean Edge Planned Unit Development contemplated for the LaSalette property . He reported that the developers are willing to abide by present Zoning By�Laws and Rules and Regulations except for the density and Wetlands Con- servancy District regulations if all details can be agreed on . Mr . Lazarus asked for Town Counsel ' s opinion about the Board ' s going into executive session and Mr . Spaulding replied that he thought it would be beneficial but not at the mount . Mrs . Ellis said she felt the Board could proceed with the original plan for a hearing to modify , amend or rescind approval of the definitive plan conditionally approved February 4 , 1975 and then go on to make a decision for action . Mr . Reed said that that another condition set by the developer was that there be no rescission hearing as Mr . Drew felt that such a hearing would not be beneficial to Corcoran , Mullins and Jennison . Mrs . Ellis asked Mr . Spaulding if the Planning )3oar•d has the right to modify , amend or rescind and Mr . Spaulding said it does but the developer has rights , but he can also negotiate with the Board . A discussion followed regarding the technicalities of rescission . The Chairman and Mrs . Ellis entered into a discussion of the meeting on Tuesday , January 29th with Selectmen Doyle and Krapohl and Messrs . Drew and Reed . . Town Counsel suggested a meeting with Mr . Drew . Mr . Farber said he thinks that Corcoranv Mullins and Jennison should reappear , give another presentation and then proceed . It was brought out that Mr . Drew won ' t negotiate if a rescission hearing is held as he objects to the publicity that would be generated . Mrs . Ellis made : a motion that all future meetings with the developer be at an open hearing in front of the Planning Board . There was no second to her motion . BREVISTER PLANNI`, %JG BOARD MINUTES OF THE SPECIAL METING OF THE BREVIS`i`ER PLANNING HOARD HELD ON JANUARY 31 , 1980 Continued Page 2 Mr . Harwood moved that the Board reconsider its action ' to start rescission proceedings and review carefully whatever modified plan the developer could produce . This review to start at a hearing at which other Boards and Comuissions would be invited to be present . The motion was seconded by Mrs . Gage and disGAission followed . Mrs . Ellis brought up the Wetlands Convervancy Section of the By� Law and discussed the Special Permits required by the Board of Appeals . The meeting of the Board of Selectmen ' Mr . Drew and the Chairman was again brought up and the submission of a treasurer ' s check for $ 19 , 000 . by Mr . Drew as a require � mint under the 1975 subdivision approval of the LaSalette plan and the commitment to install Bay Laneq the way shown on the preliminary and definitive subdivision plans . Mrs . Ellis said she wants to go on record that she is much against this procedure . Mr . Eldredge did not agree with her and Mr . Harwood said that if there was such a meeting to resolve the situation he felt it is good . Mr . Lazarus said he feels the Board should do everything it can in the best interest of the Town and questioned if we can hold meetings with the developers without weakening our own posi 'cian . Mr . Spaulding brought out that if lots were mortgaged in good faith and the bank is unaware of what is happening the rescission is not in good faith and advised that if the rescission hearing is discontinued a commitment from the developer should be received that he will refrain from taking a mortgage until negotiations are completed . Mr . Spaulding was asked to contact the lawyers for Corcoran , Mullins and Jennison and discuss such a commitment . Mrs . Ellis referred to the Open Meeting Law and said every effort must be made to comply with this ruling . `Mr . Stoner representing abuttors and concerned citizens , said he felt the developer has placed the Board in a bad position regarding its powers and advised that the Board meet with the Conservation Commission as there are many issues that must be confronted regarding the Wetlands areas within the plan . Mr . Reed stated that the Corcoran , liullins and Jennison plan keeps the lawns and the Route ' 46A frontage intact . Mrs . Wylie said that if there are any laws that can prevent the developer from gutting the buildings it is the Town ' s obligation to uphold them . The Chairman made the observation that the developer is also willing to leave 7 acres undisturbed and we have the choice of working with him or waiting for another developer . Mr . Devlin , an associate of Attorney Stone , said he felt the current BymLaw is a good one and that it should be used and the Chairman told him that under the 1971 By- Law the developer does not need Planning Board approval . He added that the Board is not unsurping the Board of Health or Con- nervation Commissions powers since the developer still needs their approval . I3FVAa.WSTER ! l-sflfvAtl .i G 130A D IwJNQJ—J 'F, S OF `L5t' E SPECIAL MF. E";['-XNG OF JANTUARY 319 1980 Cont: hued Page 3 Mr . tafzartAs Said he was opposed to the motion on rcb1 .N floor and feels we should proceed with the rescission hearing . Mrs . Ellis riled if tqe should proceed with the Febr" a.ry 19th weeting or have other open nizetings with Boards for the best interests of the Town for imput from the Boards , the developers and concerned citizens . Mr . Lazarus said he feels the present By�Law should be considered and that we nrttst prop cc; ed for the best Inter6sts of the Town . Mrs . Ellis said she felt the ,Longer we diolay in the consideration of a rescission hearing the more problems will exist , Mr . ap�iuldlng said he strongly recommends that the Board have a riveting 10ith Mr . Drew before the rescission hearing is held . Mr . Harwood urged that an imPut Weting be held before the February 19th me etirag . Mr . Reed asked if a legal hearing can be held for discussion purposes and Per . Spaulding replied yes . Mrs . Ellis said :she feels the iva-ue is that if the forrmar developer didn ' t meet obligations a rescission hear` ing should be held . Mr . Spaulding explained why this might not be the best solution . Mr . Lazarus moved " the previous question" and a vote was in affirmative to cut off debate . T'xr . Reed , Mrs . Gage and Massrs Farber , Eldredge and Harwood were in favor of the original motion and to postpone a rescission hearing . Mr . Lazarus and Mrs . Ellis were apposed . It was a vote to proceed with open meetings . Vir ® Spaulding said he wi:luld call; -the developers attorney inaftedi. ately . Mrs . Ellis said she would like to have an advertised hearing with minutes taken and Mrs . Gage suiggested sending notices to the abuttors . Mrs . Gage moved that the Chai_rntan should have authority to consult tsrit.h the developer and Mr . Eldredge seconded the rrK) tion . It was a vote with six in favor and one opposed . Adjourrunent was at 9 : 48 PM . Respectfully submitted , c Clerk S even Eldredge ,