HomeMy Public PortalAboutZoning Board of Appeals -- 2007-01-30 Minutes-1-
Date approved 2-15-07
Vote 5-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
7anuary 30, 2007
Chairman Harvey Freeman called the meeting to order at 7;00 PM. Members present were;
Harvey Freeman, Philip Jackson, Arthur Stewart, Paul Kearney, Bruce MacGregor, John Nixon,
Neva Flaherty and Suzanne McInerney. Missing meeting was Brian Harrison.
NEW BUSINESS
07-08 Mark Zippo (White Rock Commons), 157 South Orleans Road. Map 52 Lots 31-1
and 33-1. The Applicant seeks a Comprehensive Permit under MGL 406, sections 20-23 and
760 CMR 30.00 and 31.00. The proposal includes re-subdividing the land into two parcels to
include 24 single-family dwelling units under condominium form of ownership on new Lot 1 and
one relocated house on new Lot 2.
Mr. Freeman gave a brief overview of the 40B (Comprehensive Permit) process by reading the
legal advertisement from the Cape Codder newspaper. In general, he gave a brief explanation
and description of this process. He also asked anyone addressing this hearing to speak through
the Chairman and to give their name and address for the record.
Gardiner Trent Gray (107 So. Orleans Rd) indicated he was not notified of this hearing and he
is within 300 feet of this property. 52 Lot 33-6. He noted he was unprepared for this hearing due
to no legal notification.
Members hearing this case were Messrs. Freeman, Jackson, Nixon, Stewart and Kearney
Attorney Andrew Singer is representing the applicant, Mark Zippo.
Mr. Mark Zippo was present at this hearing as well as the following; Robert Fitrgerald (Engineer),
Laura Shufelt (Economic Consultant) and Craig Authier (Builder).
Mr. Singer gave an overview of this project. The applicant would like to relocate the existing
house to a new lot and construct 24 single (condo) units, 7 dwellings will be affordable home
ownership (28%) on the remaining lot. The total lot size is 3.64 acres with gravel road access to
the rear lot. This lot is in RM district with utility easement. 24 units in five buildings, 2 bedrooms
each, sprinkled driveway and attached garage for each. Exhibit 13 shows pictures of what this
development will look like. They will each have decks and basements (some walkouts). The
road will be upgraded -paved with drainage. The house on Lot 2 will have a separate drive and
septic.
The applicant received a site approval letter in November of 2006 (exhibit 5). All other Boards
have informally provided comment prior to the application(exception: Planning Board)
No wetlands and no DEP permits are required.
Proforma letter has been provided (exhibit 8) as required.
ZBA minutes 1-30-07
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The applicant owns the property,
The ZBA's requirement fora 40B should be as follows;
• Legal standard-consistent with local needs
• Balance various requirements
• Attach conditions without making the project uneconomic
• Weight the need with zoning and environmental etc.....
• Provide quality housing
• Appropriately protect public safety, health and welfare
This is consistent with public needs.
The goals of this application are to provide housing but leave 69% of the total land open space.
Protect the environment (not Zone 2) with a nitrogen removal bio-clear system. All 24 units
meet fire standards with a connector road. Traffic analysis increases 13-17 trips. Site distances
are safe. Mass Housing deed riders are dispersed throughout the development. Profit allows net
20%- this is 15% (lean project economically). If net is over 15%-that amount will be donated to
the town for housing. Market rate subsidizes affordable units.
ZBA is empowered to waive local regulations as requested (page 7 + 8 summarize these but they
may change as the process evolves.)
BOARD QUESTIONS
• Stewart- is this subdivision plan with 33-1 the town took by eminent domain for the
golf course.
• Singer- no subdivision plan yet, but it will be proposed for ZBA to sign
• Stewart- the town took the property, 33-5 is that a residence, Lot 25 is accessed
through White Rock. Is there a landscape plan?
• Singer- these are preliminary plans, landscape not provided yet. The kettle hole will
remain untouched. There will be a fair amount of clearing with re-vegetation and fence
dividing Huckleberry property. It is now over the property line and we will re-set it to
line.
• G. Gray- how far will the fence be moved/
• Singer- maximum 10 feet or3-10 feet off the lot line.
• Stewart- why not keep some of the trees.
• Robert Fii~gerald- a lot of scrub pines in those areas, we will same the mass area
and pockets of trees. Some removal needed for construction equipment. We will leave
a buffer along Rt.39.
• Singer- DPW and water have standard request for site distances.
• Stewart- did you receive Department Review letters?
• Singer-.YES
• Freeman- several letters must be gone through in detail.
• Jackson- we will go through each letter for specific suggestions. Will or can there be
privacy screens between individual units.
• Mark Zippo- we haven't gotten that far.
• Singer- perhaps a fence or vegetation between patios or decks.
• Stewart- 2 parking spaces per unit. Will there be visitors parking? How will the
Association deal with visitor parking?
• Singer- the road is wide enough to park on the side of the road. Keep open space.
• Zippo - we are flexible to consider that
• Freeman -perhaps there should be some place set aside for extra parking of extra
vehicles, boats etc. Depending upon the condo documents, it might eliminate potential
problems.
ZBA minutes 1-30-07
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• Singer- Condo docs are not drafted yet. Restrictions will be discussed.
• Zippo- the goal is leave as much Open Space as we can, keep away from abutters,
hence the lower left lot.
• Nixon- it seems very steep near the kettle hole.
• Kearney -what will be provided for trash removal and storage?
• Singer- each unit has its own garage for trash storage, it will be individual
responsibility. The landscape plan has not been prepared yet; future parking ideas can
be incorporated. Condo docs will address vehicles.
• Singer- we will provide a sample rules and regulations as well as a standard landscape
plan.
• Freeman- the Board would appreciate that.
• Stewart- walk out units would be more valuable, it is a nice feature. Elevated deck
from the living room would add to unit.
• Zippo- that has been planned
• Jackson - is anything planned for "ownership" when under construction and at what
point it is handed to Association.
• Singer -Condo Master Deed has to be recorded before the units are sold. Percentage
of common expenses, affordable is a pro-rated amount. If Condo association fees are
not paid a lien is placed upon the property-impacts the title. Who keeps control will be
determined later.
• Jackson -some association - no legal lien on property.
• Stewart- to sell property-sign off required from Association (no liens, 6D certificate and
condo fees are up to date).
• Freeman- contracts working as a standard, who will over see this?
• Singer- I will as legal counsel. As for affordability- regular and document monitoring
service- an agent will continue this for income eligibility, not regulated by the condo.
• Freeman- does this pass through the Town Counsel
• Singer- model documents
• Freeman- we have confidence in Jillian Douglass to review this
• Stewart- are all utilities underground?
• Freeman- the DPW review goes into this in detail.
Open to Public Input
• Trent Gray- Is White Rock Road different from what is on the map?
• Fitzgerald- entrance by the power lines, road shifts.
• T. Gray- is the circle access for fire for the properly behind.
• Singer- Fire Department needs 50 feet turnaround- will be worked out for access to
property behind. The proposed road is 24 feet wide.
• Zippo- no less than there is now.
• Stewart- would the town take over the road?
• Freeman- DPW requested it to NOT be a town road.
• Stewart- if it meets town specs, they could take it over.
• 7illian Douglass (Town Administrations)- they could petition the town to be accepted
as a town road, if the town turns it down, they go to Town Meeting for 2/3 vote to
accept.
• Freeman- suggest construction aspects for Rte. 39.
• Singer- reviewed construction related issues with DPW, will be working with Mr. Bersin.
• Freeman- Are these conditions satisfactory?
• Craig Authier (builder) the photos are a project build by Mr. Authier in E. Hampton,
using same plans, not currently working on the Cape, have done 5 condo projects to
date.
• Bonnie Gray 107 So. Orleans Rd.) -was consideration given to Cape Cod builders?
ZBA minutes 1-30-07
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• Singer- attempt to use the most economic, will go with local permitting and bids from
local contractors.
• B. Gray- where is the septic treatment system located.
• Fitrgerald- completely on Zippo property.
• B. Gray- why aren't more trees being kept in place, maintaining tree coverage?
• Zippo -they will leave as many toward the power lines as they can.
• B. Gray -Power line is trimmed by the power company.
• Zippo- power line is shown on the map.
• B. Gray -when were traffic studies done? Summer season or off season. Based on
summer residents, off season or visitors.
• Fitrgerald- density of residential use, both summer and off season. Based on unit type
National standards.
• B. Gray- this is a rural portion of the community, it is difficult to see this located in this
area. Two dense projects is a bit much for this area.
• T. Gray -Has there been a grid plan designed. Other options?
• Freeman- not aware of an other project proposal.
• B. Gray- have any other plans been rejected. Is the Cape Cod Commission planning to
speak?
• Martha Hevenor (Cape Cod Commission)- summarized letter sent; affordable
hohousin4-greater need for rental vs. ownership but we encourage approval,
transportation- sidewalks provided, waste water- Pleasant Bay Water Shed, Storm
water -encourage low impact development.
• T. Gray- according to page 2 of your letter, 18 times critical nitrogen load.
• Scott Mitchell (Cape Cod Commission) draft total max nitrogen load-within state limit
• Singer- working with BOH- standard regulations to protect Pleasant Bay. Title V does
not affect nitrogen at all.
• Mitchell- 1.6 one house per 1000.
• Freeman- is bioclear system desirable\
• Mitchell- certainly helps, nor 5 parts per million.
• Suzanne McInerney (Brewster resident) -letter from BOH indicates the "lens of
groundwater', does not agree to develop this properly. No regulations now-in the
strict sense this is of great concern, must be looked at very carefully. DPW (point 11)
town reduce nitrogen sources. Who will maintain this system? What course of action if
not met?
• Freeman- Board of Selectmen- monitoring and who will pay for it.
• Singer- agree with those, that is why bioclear was proposed. Met with DPRC, did not
go to BOH. We will get together with DPW and BOH. Discuss Phosphorous as well for
follow up meeting.
• Donald Williamson (Gristmill Road) will these units be for short term rental or
seasonal- what are your thoughts on this? Could one person own the whole thing?
• Singer- Affordable units cannot be rented. We haven't gotten to the stage of rentals.
Cape Cod Commission suggests not seasonal rentals. Could sell some units to the
Housing Authority and then they could rent them. Rentals could be a condition to the
decision.
• Freeman -year round rental units are in need in this town.
• Singer- this can be explores through CPA funds to make it work.
• Freeman -Regarding the Pleasant Bay issue-Carol Ridley of the Pleasant Bay Resource
Management Alliance, has agreed to lend her expertise on this subject at a later time.
• Singer- keep in mind, balance all requirements, but still get to Affordable Housing.
• T. Gray -has reduction in scope been considered to reduce this issue?
• Laura Schufelt (economic consultant) said the preliminary proforma is the smallest it
can be- under 10% profit even under 15% makes it difficult. Lowest for rate of return
and financing.
ZBA minutes 1-30-07
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• T. Gray- Discussing the proforma- after moving the pre-existing house and garage,
what is the current market value of that house?
• Schufelt- $350,000. is the sell price.
• T. Gray- has consideration been given as to not saving that house? Why subdivide?
Why not decrease the density?
• Singer- that market unit is subsidizing the 7th unit. The Town pressed to increase the
number of units.
• Douglass- we are grateful for he 7th unit but if that increases water quality issues, we
are willing to consider less.
• Singer- 24 units with 25% affordable = 6
• T. Gray- can you drop lower and keep 6?
• Freeman- what is the economics of that situation?
• Singer- Mass Housing partnership discusses Proforma economic and uneconomic-a
proposal under 15% is presumed to be uneconomic. We can work to convince the
state. Razor thin, too much cutting is a balancing act.
• Andrew LeVec (111 So. Orleans Road) has there been any recreation area proposed
with lighting?
• Fitzgerald- not at this time but could be by leaching field, not talking about lighting.
• Zippo- trying to leave undisturbed areas.
• Freeman-any thoughts on lighting?
• LeVec- lighting around the area?
• Zippo- NO.
• Fred Sheehey (White Rock Road) - I have deeded access across this property to my
5.4 acres.
• Freeman- White Rock Road will be hard surfaced, a continuation.
• Sheehey- it will not be to town standards?
• Singer- proposed to widen to 24 feet, now gravel, not 40-50 foot layout
• Zippo -now 12 feet, increase to 20 feet.
• Singer- paved with drainage to the cul-de-sac not past.
• Sheehey- who will maintain the road?
• Zippo- Condo charter will handle plowing etc.
• Sheehey-who did the traffic study.
• Singer- peak hours increase 13-17 trips.
• Freeman- is there a question to your access?
• Sheehey- no, I just want to leave my options open for the future.
• Singer- legal easement is legal right-they are what they are.
• Sheehey- concrete or pavement, aggregate is my concern.
BOARD DISCUSSION
• Stewart- are we going to go over Department Review letters?
• Freeman- DPW letter; sewage disposal system, #1 access- proposal for surface, 24 feet
wide/paved.
• Singer-we will meet with Bob Bersin and BOH, we will prepare a Landscape Plan (with
buffer), respond to Water Department and Fire Dept., discuss parking for extra vehicles
as well as prepare a sample condo document.
• Freeman- who pays for what? Particularly maintenance of a phosphorous or bioclear
systems
• Singer- treatment systems -breakdown, how it impacts the viability of the proposal.
• Jackson- active or passive system?
• Fitzgerald- fairly maintenance free system, simple check each quarter.
• Zippo- cost built into condo fees.
• Fitzgerald- licensed operators, contract with condo association.
• Freeman- Phosphorous into freshwater more injurious than into salt water.
ZBA minutes 1-30-07
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• Fitzgerald- YES, read Pleasant Bay study is nitrogen focus.
• Nixon -this may become more evident with landscape plan, maintenance of lawns etc.
How far along is this plan?
• Fitzgerald- next meeting.
• Freeman- is the reconstruction of the fence in the Proforma?
• Singer- there will be some updates, a few added costs.
• T. Gray- Is the bioclear system more effective used year round or let set with just
summer resident's usage?
• Freeman-that is not in our purview, we are assuming the majority year round.
• Zippo- standard marketing plan, how the area is going, no restrictions on sales.
• Singer- can guarantee 7 affordable must be year round, owner occupied.
• Kearney- looking at the number of units, possibility of elimination of the single family
home as an alternative.
• Singer- we will run the figures at 24 with 6 affordable.
• Carly Baer (So. Orleans Road) -against more density in the neighborhood. All of a
sudden it has become dense.
• Freeman-we will check into why some "abutters" were not notified.
CONTINUE HEARING 07-08 until Thursday, February 15, 2007 at 7:OOpm
Motion made by Arthur Stewart to adjourn
Second by Paul Kearney
VOTE: 5-0-0
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ZBA minutes 1-30-07