HomeMy Public PortalAboutZoning Board of Appeals -- 2007-02-27 MinutesPage 1 of 5
Date approved 3-12-07
Vote 5-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
February 27, 2007
Chairman Harvey Freeman called the meeting to order at 7:00 PM. Members present were;
Harvey Freeman, Philip Jackson, Arthur Stewart, Paul Kearney, Brian Harrison, and Bruce
MacGregor.
OLD BUSINESS
• Warrant Bylaw Changes- proposed for change for Spring Town Meeting- only 4 articles,
keep the others for future workshops. Marilyn will a-mail the ZBA with a copy of
Articles as they appear in the Warrant.
NEW BUSINESS
07-09 Habitat for Humanity of Cape Cod and the Town of Brewster, Slough Road at
James Burr Road. Map 51 Lots 9-6,9-7,9-8 and 9-9. The Applicant seeks a Comprehensive
Permit under MGL 406, sections 20-23 and 760 CMR 30.00 and 31.00. The proposal is to consist
of four affordable, three-bedroom houses of one and one-half story built on one acre of land.
This hearing was advertised in the Cape Codder on Friday, February 16 and 23, 2007 as required.
The Chairman set the following procedure for this meeting; Applicant and representatives will
give project description, Questions from the Board, Department Reviews, and Open to Public
Input.
Members hearing this case were Messrs. Jackson, Harrison, Freeman, Stewart and MacGregor.
• Mr. Harrison disclosed he is a member of the Brewster Housing Authority but he will
serve on this application if satisfactory to applicant.
• Kate Mitchell (Attorney for applicant) said this was satisfactory.
• Mr. MacGregor disclosed his on going donation to Habitat for Humanity through his
business.
• Ms. Mitchell indicated this was not a problem.
Principles present;
Ms. Kate Mitchell -Attorney for the Applicant
Donald Dickinson -President of Corporation
john O'Reilly- Project Engineer
Vicky Goldsmith- Executive Director of Habitat for Humanity
Ms. Mitchell began the presentation. This is a 406 Comprehensive Permit, totally under the
jurisdiction of the Zoning Board of Appeals. The application is complete and ready to proceed.
There are actually two applicants in this permit; the Town of Brewster and Habitat for Humanity.
The land is owned by the Town. On November 18, 1996, Article 10 and again in November,
2002, Article 18 of Town Meeting allowed the land to be sub divided for affordable housing.
ZBA Minutes of 02-27-07
Page 2 of 5
Assessors Map 9-6 to 9-9 are included, as well as James Burr Road. The approval was for 4
single family homes. Habitat responded and was chosen and accepted for this project. As a
result there was a "land disposition agreement" prepared and signed.
If this application is approved the Town will convey the land (9-6) and the Town will continue to
own the rest of the land.
Habitat is a 501C non-profit organization, incorporated in the Commonwealth of Massachusetts.
The housing project must be subsidized by a Public agency, providing the site approval letter.
This was provided by Barnstable County HOME Consortium.
This is one parcel of land, carved out into 4. Essentially you will need to approve a subdivision of
7 lots, including the open space cul-de-sac and road.
Mr. Dickinson spoke regarding the proposed look of the project.
This was a joint effort of Habitat and the Town of Brewster. Numerous meetings were held with
various departments; some formal, some informal. There was considerable contact with the
Affordable Housing Committee.
At this point James Burr Road is a "walking path" off of Slough Road in Brewster. We are talking
about a 4 acre parcel of which 1 acre (Lot 9-6) had been designated for this project. The
neighborhood is open, wooded, undeveloped with some residences. Across the street is Elbow
Pond. It is in Zone 2 water shed protection area. There is also an endangered species area.
Lot 9-6 is 1.06 acres, considered flat and well treed. This lot was chosen to leave the other 3
open. Development activity will be as far from the pond as possible. Utilities such as water, gas,
and electric will be underground. The intent is to have a 12 foot wide "driveway" approximately
300 feet long down to a cul-de-sac. Parking will be for 3 vehicles at each home. Individual septic
systems. Each parcel will have their own yard and screenings. All compilations have been done
for test holes and septic design.
The Town stated their concern to keep the same character of the neighborhood and the
woodland.
Habitat is concerned with these homes being affordable, and decent looking. They will be Cape
style, 3 bedroom, 1.5 stories with center stairs, 1 bedroom and full bath on the first floor, 2
bedrooms and 1 bath on second floor. The exterior will be board front with shingles on other 3
sides. There will be a full basement, insulated to NStar standards. There will be handicapped
accessibility on the first floor.
The following permits have been or are applied for; 1) the Comprehensive Permit, 2) approved
nitrate aggregation plan approved by the Board of Health (DEP reviewing) and 3) Endangered
Species filed on January 30, 2007.
The following need to be addressed; the Comprehensive Permit itself and approval of the
subdivision plan.
Ms. Mitchell stated these will be affordable forever. Three out of four owned by Brewster
residents.
ZBA Minutes of 02-27-07
Page 3 of 5
Ms. Vicky Goldsmith explained the "lottery" process for selection. 1) Based on need- written
income criteria and definite need for housing. 2) Ability to pay. Habitat provides the mortgage
for 20-25 years interest free. 3) Willingness to partner (sweat equity) and 4) lottery.
Home Consortium requires a letter of intent and a broad advertising to attract candidates.
Board Questions
• Freeman-the ZBA would like to have a consultant work with us on the process. We
have selected Mass Housing partnership (MHP), in particular Mr. Richard Heaton who is
very well versed in the Comprehensive Permit process. He will work with the Board
and the Applicant. Is that acceptable to the applicant?
• Mitchell-yes, Habitats perspective is to use all Boards and Departments.
• Freeman-he is a process person
• Goldsmith-our selection process is about 20 weeks, time is a concern, does this meet
Mr. Heaton's schedule?
• Dickinson- we would like as quick a turn around as possible.
• Freeman-but we want to get it right, consider all angles.
• Dickinson-a simple and friendly 40B
• Freeman-I would like to present some motions for the Board to consider tonight as
well. The first would be to adopt MHP guidelines. Are you familiar with these?
• Mitchell-no (given a copy)
• Jackson-perhaps we should defer until they have a chance to review.
• Dickinson- we can review this as the hearing proceeds
• Freeman-I will return to this later in the evening.
• Stewart- why cluster in one corner and not spread out more, what drove your thought
to keep condensed?
• Dickinson- concern to leave as much of the parcel to remain open and as far from
Elbow Pond. That was the scope of the project we were given (Lot 9-6).
• ]illian Douglass-confirm the Towns intent was to cluster, small impact on
environment as possible. Cul-de-sac added to the smaller infrastructure design.
• Jackson-anything to preclude Los 9-7 and 9-8 development.
• Douglass- would have to go back to Town Meeting for approval.
• Mitchell-important to the development that to note Lot 5-nothing can be done without
Town Meeting, warrant article and vote.
• Freeman- in 1996 the Article was for the total triangle lot with 4 houses, treated as a
unit.
• Dickinson- Lot 6 will accommodate nitrogen loading (Article in 2002)
• Mitchell-Habitat only interested in this project, not interested in Lot 5.
• Freeman- other concerns for Lots 5+6 and what happens to the Pond.
• O'Reilly-Lot 6, DEP for nitrogen credit, Lot 5, Town for future. Unbuildable but could be
used for nitrogen credit.
• Freeman-that is why the subdivision is created, keep 5+6
• Dickinson-gives Town flexibility in the future.
• Freeman-we have several letters and department reviews.
• Jackson-how did you arrive at three parking spaces per house?
• Dickinson- many families have 2 working adults and a guest. Keeps parking off the
perimeter of the cul-de-sac.
• Jackson-keeps parking off the street for access by emergency vehicles.
• Stewart-roadway is 12 feet wide, why?
• Dickinson-cost is always an issue. Turning radius at cul-de-sac. Informal meeting with
Fire department we thought we had an agreement. 12 feet wide with one hydrant.
• MacGregor- where is the 2"d hydrant
• O'Reilly- one at the cul-de-sac, another at end of the road.
ZBA Minutes of 02-27-07
Page 4 of 5
• MacGregor-hydrants are 500' apart.
• Dickinson- agreeable to a 2"d hydrant, paving from 12' to 20' is significant, there are
pull offs in 2 spots for passing. We will set up a meeting with Fire Department.
• Freeman-reviewing FD review; 1) smoke detectors, 2) CO detectors, 3) additional
hydrant at entrance of Slough and James Burr, and 4) will not approve fire access
width.
• Dickinson-we understand his concerns but #4 is tough.
• Freeman-DPW is lacking review.
• MacGregor-what is the standard vvidth for dirt road Bylaw?
• O'Reilly- 14 feed wide, 14 feet high
• MacGregor- do we want 22 feet pave all over town.
• Mitchell- it is important to meet with Chief ]ones. Totally within the ZBA authority to
dictate the width of the road.
• Freeman-certain aspects of the FD that has expertise -especially access roads. We
need to get DPW on board and come to an understanding.
• MacGregor-can't imagine final determination on paved or not.
• Dickinson-our initial conversation was a gravel road but there were numerous options.
• O'Reilly- discussion with Fire Department important, shoulders can be added. Review
with Chief Jones.
• Freeman- categories to discuss; infrastructure and DPW. Propose DPW representative
with Fire and Police at next meeting.
• MacGregor- the applicant is required to provide °sweat equity"-when do you transfer
title.
• Dickinson- when families are selected-there is an understanding, if they do not
complete the hours they do not move in. Closing after the Certificate of Occupancy is
issued.
• Stewart-regarding the road- is it the homeowner's responsibility for the road.
• Mitchell-Homeowners Association-beginning of fund established-trust recorded with the
deed, covenants, part of the documents.
• Freeman- Victor Staley's letter.
• Dickinson- seeks relief as discussed in application.
Open to Public Input
• Bill Henchy (Planning Board) -not formulated thoughts yet. Dirt Road Bylaw-Fire
Department requires maintain a 14' wide and 14' high passage. Reduced pavement
width.
• Joanne Hughes- (Board of Health/Water Quality) nitrogen sharing on Lot 6.
• O'Reilly- combination of Lot 5 and 6 meet nitrogen credits and load of 10 PPM (surface
runoff).
• Hughes-WQRC- if money in escrow to maintain septic system for 5-10 years down the
road.
• Dickinson-four individual parcels, each owned separately not part of the Association.
• Hughes- Habitat holds the mortgage, can it be held in escrow with mortgage.
• Goldsmith-review with consultant, hold higher standard than any other homeowner.
• Hughes-they will be given special considerations as a cluster.
• Steve McKenna- (Conservation Commission) -potential of future development of Lot
5-hope not. Nitrogen credit on Lot 5, this area has endangered species. Minimize
pervious surfaces. Minimize for natural resources.
• Keith Johnson (Conservation Agent) -submitted letter.
• Elizabeth Taylor (Open Space Committee)-critical habitat area. Careful with what
happens to the other 2 lots. Permanent restricted. Letter to follow.
• Mary Mauterstok-support Habitat, make 5+6 restricted.
ZBA Minutes of 02-27-07
Page 5 of 5
• Cynthia Baran-(WQRC chairman) protect the area, significant amount to protect this
area. Strongly urge to minimize impact. Consider the lots as a whole, Lots 5 + 6 open
space. We also recommend property bounds.
O'Reilly-boundary markers will be done-not waived.
• Taylor- will there be a land disposition agreement, recorded to protect the lots, bound
the property and open space. State requires delineation.
• O'Reilly-that is a non issue.
Henchy- delineate what each person owns prevents arguments later down the road.
Mary Seferet -will there be a Homeowners Association? 1) In my homeowners, the
Town plows but we maintain the road, is that the case here. 2) septic-nature of deed
restrictions- home equity loan probably not an option-would Habitat offer to replace
septic systems, 3) concern about ground water protection.
• ]im Foley (Selectmen) -support this project, urge Board to restrict building on Lot 5.
With regard to financing a septic system-Barnstable County offers a program to pay for
septic by putting a lien on the property and on property taxes.
• Laurie Wegman-do happens when an owner wants to sell?
• Goldsmith- there is a deed restriction, it is offered to Habitat first then the Town, and
finally as a Public Entity.
• Foley- county loan program works
• Wegman- asked about future meetings and notification
• MacGregor- Section L -project proforma, lists site utilities-does this include septic?
• Dickinson- under hard costs, site utilities. Budget put together 2 years ago.
• Freeman-talk to Dick Heaton about proforma (questions and comments).
• Goldsmith- all Boards have made comments, we should make a list of issues and set a
timeline.
• Dickinson-there is work to be done for infrastructure and permits. We want it done
right but expeditiously.
• Goldsmith -guidelines are standard.
Motions by the Board
1. Motion made by Phillip Jackson to adopt Mass Housing Partnership (MHP) Guidelines.
Second by Arthur Stewart. VOTE: 5-0-0.
2. Motion made by Arthur Stewart to accept a Grant from MPH for Richard Heaton to act as
Consultant for Comprehensive Permit. Second by Brian Harrison. VOTE: 5-0-0.
Further dates for hearings: Monday, March 12, 2007 at 7PM
Motion mad by Brain Harrison to adjourn meeting. Second by Arthur Stewart. VOTE 5-0-0
Respectfully submitted,
ari Moo Clerk
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ZBA Minutes of 02-27-07