HomeMy Public PortalAboutZoning Board of Appeals -- 2002-10-02 Minutes 1
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Notes from work committee meeting of the Brewster Zoning Board of Appeals
Date: October 2, 2002
Small meeting room, Town Hall
Purpose: Discuss and suggest rules for hearing petitions/applications to the
Brewster Board of Appeals for comprehensive permits granted under
Chapter 774 of the Acts of 1969, G.L. c. 40B, ss.20-23
Members: Harvey Freeman; Suzanne McInerney; John Nixon; Arthur Stewart
In attendance: Jillian Douglass
Meeting began at 4 p.m.
Ms. McInerney said she just wanted to read the section of law pertaining to the
requirement that all local boards of appeal prepare rules for hearing petitions under A3.
She read from ss 21 of 40B: The board of appeals shall adopt rules, not inconsistent�ith �
the purposes of this chapter,for the conduct of its business pursuant to this chapter a$?d o
shall file a copy of said rules with the city or town clerk. D i
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All members agreed that the focus of work be limited strictly to the business of prepa'iUg rn
a draft of rules for hearing comprehensive permit petitions under 40B, as posted. N
Members further agreed to use for reference the Comprehensive Permit Rules of the
Board of Appeals, Bourne, Massachusetts. Other references used and discussed included
the Brewster ZBA Application for Comprehensive Permit and the 760 CMR 31.00:
Housing Appeals Committee: Criteria for Decisions Under M.G.L. c 40B ss. 20—23, and
Jillian Douglass's Memorandum on Guidelines for Comprehensive Permit Developments.
Mr. Freeman called upon Mr. Stewart to read annotations he had made in his copy of the
Bourne rules. As he did so, comments, changes, and additions from each of the other
members present were discussed. It was decided that on the whole the Bourne rules offer
a useful model for Brewster's board of appeals, and could—with a few changes—serve
our needs well. The changes suggested are as follows:
1. Add to Bourne rules, under 3.01 (a), after"parking areas, walks," and exterior
liahting.
2. Under 3.01 [c], at the end, after "exterior finish;" add and including exterior
sianaae.
3. Under 3.01 (g) iii, after"or encumbrance;" add including evidence that the
developer has control of the propertv in auestion, a copv of the deed, purchase
and sale agreement, option aareement, or similar legal documentation.
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4. Under 3.01, add "(n)" after"(m)" as follows: appropriate attention to impact on
town services, includinia fire, police, and schools.
5. Delete 3.02 as it stands. Insert The application shall be accompanied by a filinia
fee in accordance with the latest fees as established by the Brewster Board of
Selectmen.
6. It was suggested that the wording from Ms. Douglass's memorandum be added as
follows, perhaps as "o"under 3.01: Developer Qualifications: Credentials—
Developers may be required to submit information outlining the credentials and
backaround of the principal members of the development team and the formal
business relationship between each member. All affiliated companies and
businesses must be identified and described. Experience—A list of recent oroiects
with which the developer has been involved and to what extent must accomoanv
an application.
Members discussed the memorandum with Ms. Douglass in terms of how some of its
other ideas could be incorporated into ZBA documents. It was unanimously agreed that
some of the ideas follow into the heading of policy, and therefore are not well suited to
rules. Therefore, members were assigned to look closely at the memorandum and discuss
at the next work committee meeting which of the points, if any, could appropriately be
placed into the Brewster Comprehensive Permit Rules and which, if any, could be
included in a policy memorandum.
The meeting was concluded at 6 p.m. No date was set for the next meeting.