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HomeMy Public PortalAboutZoning Board of Appeals -- 2007-03-12 MinutesDate approved 4-24-07 Vote 5-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes March 12, 2007 3/12/07 Board members present Harvey Freeman Arthur Stewart Phil Jackson Brian Harrison Bruce MacGregor 7:OOpm Habitat / Bennett & O'Reilly Atty. Kate Mitchell Don Dickinson Vickie Goldsmith John O'Reilly From Town of Brewster: Chief Jones of F.D. and Bob Bersin of DPW Mr. Freeman calls meeting to order; this meeting was advertised on Friday, 3/9. Habitat for Humanity is seeking a comprehensive permit under section 40B to construct 4 single-family homes on James Burr Rd. in Brewster. On 3/6, a meeting was held with Richard Heaton; this was an informal meeting to discuss tonight's agenda and no votes were taken. Present at that working session were Richard Heaton, Harvey Freeman, Arthur Stewart, Jillian Douglas and Don Dickinson. Attorney Kate Mitchell presents to Board a packet of letters, one which summarizes the working session described above. • This letter was submitted to Marilyn Mooers (ZBA clerk) and was dated 3/9/07; Don Dickinson goes over each point in the letter. • Letter received today by Habitat from Division of Wildlife & Fisheries is presented to Board by Don Dickinson; the letter states the Division will not prohibit the project and that Habitat need not take further action as far as that Division stands. • Re; point #10 of his letter to Marilyn Mooers, Don Dickinson notes that there will be further discussion regarding sheds and decks. Tuesday, April 10, 2007 is the next scheduled meeting for this Board and Habitat (meeting was originally scheduled for Monday, April 9t"). All parties are in agreement that this date is fine. Harvey Freeman introduces issues with lots 5 & 6 (neighbor complaints regarding the subdivision, etc.) and states he would like these issues to be voted on tonight and also states that public input will be accepted until 4/10/07. 1 • Discussion on status of lots on the plan. Lots 1 - 4 and the common way are the project area. • Lot 6 is nitrogen credit. • Restrictions on lot 5 are discussed; is this to remain open space and is that what was originally intended? • Vickie Goldsmith says that Habitat was asked by the Town to cluster the housing and this was so lot 6 could be identifiable to the MA DEP. • Jillian Douglass talks about swapping future development potential of lot 5, for development elsewhere and about nitrogen loading issues. • Elizabeth Taylor states that the lots are already restricted under the land acquisition agreement. There is further discussion relative to this agreement. • Don Dickinson states that parcel s was left with flexibility. • Steve McKenna mentions the environmental attributes of the area and says that making this a nitrogen credit only moves the problem to other areas. • Cindy Baron of the Water Quality Committee talks about the need to protect our Zone II areas. She mentions the problem of phosphorous loading as well as nitrogen. Cindy feels that further sub-division would be a mistake and that this is not what the town intended. • Jillian Douglass states that what the housing advocates were after was acreage credit elsewhere in town, not nitrogen credit. MOTION: to accept subdivision with restriction for Lots 5 & 6 as not buildable and to remain open space in perpetuity, refer to Bennett & O'Reilly, Inc. plan dated 1/18/07. Moved: Arthur Stewart; Second: Phil Jackson. Bruce MacGregor: Yes; Brian Harrison: No; Harvey Freeman: Yes; Arthur Stewart: Yes; Phil Jackson: Yes. Vote of Yes is carried. Next issue: width of access road. • Don Dickinson discusses his previous conversations with Fire Chief Roy Jones and states that the two options presented by the Chief thus far would cause a hardship for the project. Don mentions that this project was originally reviewed with a 12' wide access road; his new proposal would be a 14' wide paved road with 2' wide gravel shoulders. • Kate Mitchell talks about definition of "adequate access". • Chief Jones takes the floor and speaks of fire equipment access, public safety (particularly of the future homeowners) and lack of road maintenance in the town from a historical standpoint, and shows photos to the board to illustrate last point. The Chief also passes out information on home interior sprinkler systems, which is one of his suggestions toward a compromise. His suggestion for the access road is a width of 22'; which he says is a standard for subdivisions in which the homes do not have sprinkler systems. The Chief reiterates that he supports this 2 project but that he must consider his responsibilities as related to the building code. His only other recommendation is a 16' wide paved road in conjunction with a fire sprinkler system in each of the four homes. • Bruce MacGregor states that he does not want to see more paving in town. • Chief Jones mentions potential harm to environment when leakage occurs on gravel driveways. • Bob Berlin talks about the 14' x 14' "box" that is supposed to be maintained on roadways in order for plows to come through, etc. • Arthur Stewart states that a good compromise is gravel on the shoulders. • John O'Reilly comments that the road will be public (owned by the Town), not private. • Jillian Douglass denies this. • Kate Mitchell feels that the Board has the power to act as the Planning Board in this matter; she would like to see the Board waive the width requirement for the access and for the sprinkler requirement (which she notes is not required of any other residential homes). Kate notes that the cost for either requirement is prohibitive. • Harvey Freeman states that the issue of overriding the Fire Chief on this matter is not clear. • Bruce MacGregor suggests hiring a consultant. • Chief Jones talks about access area roads as pertaining to single-family homes and talks about potential loss of life due to fire and lack of access. • Arthur Stewart states that the town is always dealing with inadequate access and permits have gone through despite narrow roads. • Brian Harrison mentions that he would like to see a compromise and states that Chapter 9 does not apply to single-family homes. • Don Dickinson proposes 18'. • Brian Harrison encourages a compromise. • Kate Mitchell feels all parties need to work this out tonight. • Brian Harrison questions if the Board has the authority to override the Chief. • Bob Berlin states that there is still the question of the road being a public way, but makes the suggestion of 16' paved with 3' shoulders (with good base), which would total the 22' access the Chief is looking for. • Vickie Goldsmith says she wants to see a compromise. • Harvey Freeman asks the Chief if he will compromise. • Chief Jones mentions the road maintenance in the future as it applies to fire equipment access; he does not want to deal with any homeowner's association. • Bill Harwood states that the Chief would be getting the 22' either way, and that this is not about road maintenance. • Kate Mitchell asks if DPW could maintain the road. • A citizen stands and mentions that the digging that will be done for the utilities will ensure a wide cut regardless. • John O'Reilly states that the road cut will be approximately 30', as all the utilities are going underground. 3 • Harvey Freeman: then we are talking about 18' paved with 2' gravel on each side; Chief Jones, will you agree to this? • Chief Jones responds that he will agree to this. MOTION: Access road to be 18' wide paved with 2' shoulders (comprised of crushed stone) and the cul-de-sac as shown on sheet 2 of 3 and parking spaces of crushed stone (3 parking spaces per lot). Moved: Arthur Stewart; Second: Brian Harrison. All approve. Harvey Freeman asks that we turn our attention to the letter from Victor Staley dated 2/23/07. Kate Mitchell states that after the meeting, she will help draft a new document that combines the issues of Mr. Staley's letter (relief from zoning bylaws) with the issues outlined in her exhibit 1. Each issue will be voted on at this meeting tonight. MOTION: Grant waiver to Habitat regarding the 13B. Moved: Brian Harrison; Second: Arthur Stewart. All approve. MOTION: Grant waiver section 16, table 2. Moved: Arthur Stewart; Second: Brian Harrison. All approve. Discussion regarding sheds. • Don Dickinson notes that Habitat will agree to any setbacks; Habitat's only concern is that homeowners have the right to build a shed on their respective lot in the future. • Harvey Freeman indicates the Board was concerned that, because the sheds are drawn into the plan, the homeowners might assume that they could build a shed exactly where shown on plan. • John O'Reilly says he can revise the plan so that the sheds are labeled "future" and he can move them so that they comply with setbacks. • Bruce MacGregor asks if the sheds have to conform, because there is not a lot of flexibility for the homeowners to place the sheds. • John O'Reilly asks if the shed placement, as shown on plan, would be approved by virtue of the plan being approved? He points out that having the sheds approved now would save the homeowners time and money in the future. He further states that he can make the sheds comply to 40' from the road and 10' from property line. • Jillian Douglass suggests having the board authorize the sheds for the future, but not show them on the plan. MOTION: Approval of sheds not exceed 120 square feet, set 40' from roadway and 10' from property line. Moved: Brian Harrison; Second: Arthur Stewart; All approve. 4 MOTION: waiver of Section 16, table 2, note 7 (first section). Moved: Arthur Stewart; Second: Brian Harrison; All approve. Section 16, table 2, note 2. MOTION: waiver of this requirement. Moved: Brian Harrison; Second: Arthur Stewart; All approve. Section 16, table 2, note 14: Kate Mitchell states that this is not pertinent; all are in agreement. 23B(1) MOTION: grant waiver. Moved: Brian Harrison; Second: Bruce MacGregor; All approve. 23B(4) MOTION: grant waiver. Moved: Brian Harrison; Second: Bruce MacGregor; All approve. • Kate Mitchell requests information for guidance in drafting this particular issue, as Victor Staley's language in his letter is very specific. Section 42-1: Not pertinent; all are in agreement. 58A(5) Regarding sewage disposal systems -MOTION: grant waiver. Moved: Brian Harrison; Second: Arthur Stewart; All approve. 58B(6) MOTION: grant waiver. Moved: Brian Harrison; Second: Arthur Stewart; All approve. Kate Mitchell asks Board to grant waiver regarding her exhibit 1, item 4. MOTON: grant waiver. Moved: Brian Harrison; Second: Bruce MacGregor; All approve. Exhibit 1, item 5: MOTION: grant waiver. Moved: Brian Harrison; Second: Bruce MacGregor; All approve. Appearance before Water Quality Board (Exhibit 1, item 6). MOTION: grant waiver. Moved: Brian Harrison; Second: Bruce MacGregor; All approve. Waiver of pertinent sections of Article III, Plan Submission. Bob Bersin agrees with the Board about waiving the performance bond. Jillian Douglas also agrees. Discussion follows regarding waiver of status reports and environmental analysis. Kate Mitchell states that Habitat will work with the town on all of these issues. Kate notes that there will be a project manager and that Habitat will work closely with the DPW. Habitat guarantees compliance. MOTION: to grant waiver (noting exception of the roadway, 5 M which under Subdivision Rules will be 18' plus 2' plus 2'). Moved: Brian Harrison; Second: Bruce MacGregor; All approve. Waiver of pertinent sections of Article IV, specifically 290-13 (curbing and beams). Bruce MacGregor asks about monuments and bounds. Elizabeth Taylor suggests a traffic light be placed at the intersection and asks what is going to define the lot lines in the backyards? She talks about people encroaching on the conservation areas. Don Dickinson states that Habitat proposed monuments for the property line issue. Bob Bersin states that a street light would be expensive for the town. Jillian Douglas states that a traffic light should not be a burden placed on the applicants. MOTION: grant waiver of pertinent sections of Article IV. Moved: Arthur Stewart; Second: Brian Harrison; All approve. Waiver of pertinent sections of Article V (filing of maintenance bond). Discussion of maintenance of common drive by developers vs. homeowners. Arthur Stewart asks Habitat to clarify what they are looking for. Kate Mitchell responds that Habitat is requesting a waiver of the requirement only to the extent that the plan doesn't comply with that particular section. MOTION: (subject to Attorney Mitchell's rephrasing) grant waiver. Moved: Brian Harrison; Second: Bruce MacGregor; All approve. Article VI, Item 4 (administration). Harvey Freeman states that fees have already been waived and that this issue would not be under this Boards purvey in any case. Item 4, Traffic Impact. MOTION: grant waiver for traffic impact study. Moved: Brian Harrison; Second: Bruce MacGregor; All approve. Harvey Freeman refers to a letter from Paul Hicks of the Brewster Water Department, dated 2/16/07 - Mr. Freeman feels that this material does not apply to the waivers; Habitat agrees to work with the Superintendent. No further business from the Board. Board asks Kate Mitchell to provide her draft before the next hearing. MOTION: Approve minutes of last meeting. Moved: Brian Harrison; Second: Bruce MacGregor; All approve. Meeting adjourned. Respectfully Submitted, Jennifer Brady dd ~~' ti2~ ZIP 9 ,;, 6