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Subdivision hearing for 215 Brewer Street continued after developer counsel’s request
Summary
Attorney for Brewer Development LLC asked the commission to continue the public hearing on a proposed 19‑lot subdivision at 215 Brewer Street to May 13 because lead counsel was ill and the commission is seeking a legal opinion on who may authorize town land transfers; residents raised drainage and traffic concerns during the public comment portion.
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Attorney Andrew Morin, appearing for Brewer Development LLC, asked the commission to continue the public hearing on the developer’s preliminary and final subdivision application for 215 Brewer Street to the commission’s May 13 meeting after lead counsel Andrea Gomes fell ill. Morin told the commission the continuance would also allow time for the town attorney’s opinion on a procedural question the commission had requested: whether planning & zoning or town council has ultimate authority to transfer town‑owned land that could be used for road access.
The chair read a Town Council resolution previously adopted (moved by Sabrina Wilson and seconded by Travis Simpson) that urges the planning, zoning and wetlands commissions to consider authorizing a proposed intersection with Brewer Street to avoid use of the Handle Road and Jefferson Lane rights‑of‑way. The chair said that resolution produced the request for a legal opinion; the commission and staff will review that opinion before substantive action.
During public comment at the April 22 meeting several neighbors voiced concerns. Mary Anne Burishron (244 Bridal Road) recounted long‑standing water problems in the field adjacent to the cul‑de‑sac and asked whether the town would clean gullies that have historically caused runoff toward nearby yards. Robert Boyle (249 Bridal Road) said he had raised drainage issues with Public Works years earlier and described localized erosion that he said he addressed on his own. Timothy Alstrom (34 Jefferson Lane) — who said he spoke previously against changing the zoning from R‑2 to R‑3 — raised traffic concerns and urged the commission to consider traffic impacts on Jefferson Lane. Mercedes Perez (online) asked why other options to the Handle Road connection could not be considered and whether regulation changes might be possible to avoid the link through Handel/Handle Road.
Commissioners discussed the regulatory framework for road connections and subdivisions. One commissioner read from subdivision regulations and said the commission can require a plan that preserves the possibility of a future road connection (a grassy strip or reserve), but may not have authority to require the developer to actually construct the road segment if the regulations do not explicitly allow it. Staff said the applicant submitted a memo addressing road‑connection requirements and that staff will provide additional clarification in the next meeting’s memo.
After public comment the commission agreed to table the public hearing and the subdivision application to May 13, preserving the public’s right to speak at the continued hearing.
No decision on the subdivision’s substance was made at the April 22 meeting; the continuance lets the applicant regroup, gives commissioners time to review the town attorney’s legal opinion, and schedules further staff memos to clarify issues such as road connections and any required platting or reserve strips.
