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