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Home My Public Portal AboutZoning Board of Appeals -- 2007-04-24 MinutesDate approved 5-15-07 Vote 6-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes April 24, 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 and Consultant Richard Heaton. OLD BUSINESS Minutes of March 12, 2007 were reviewed. Motion by Arthur Stewart to accept the minutes as corrected and distributed. Second by Bruce MacGregor VOTE 5-0-0 CONTINUATION 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 40B, 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, March 30 and April 4, 2007 as required. Freeman- Preface this meeting that we will try to work through the issues that remain before us with the exception of the layout plan which is not complete at this time. A meeting will be held on April 30 with the Selectmen-to discuss this plan. Heaton- update the Board on the last 2-3 weeks. Clarify my role as secretary or scribe; make sure the document is acceptable to the Board and the client. Looking at Draft #6- probably survive all of us and attached to the deed in perpetuity. The Comprehensive permit has jurisdictional requirements; applicant must be public or non profit and the there must be a subsidizing agency- HOME is this subsidizing agency. Freeman- do we need to take any action on the subsidizing agency? Heaton- the applicant must control the site (under agreement) MacGregor- why not an individual? Heaton- as a limited partnership (LLT), the Board now stands in for the Town to accept this. Look at the Document (6)- 3 sections; procedural, findings, and conditions." Then dated and the disposition (majority vote). Mitchell- under "Exhibit C" Habitat is receiving 9-6; Lot 1,2,3,4, the way. The rest stays with the Town, the land is owned by the Town. ZBA- Minutes of 04-24-07 Habitat for Humanity Page 1 of 6 Freeman- at previous meeting we agreed and voted Lots 5+6 were to be retained but the Town and not built on. May be one Lot- Selectman's decision. Heaton- Section I-Procedural; #3- "site eligibility letter"-ticket to the 40B process. DHCD issued that letter, applicant received funding from HOME as part of the subsidy. The 2"d letter from HOME Consortium was issued-valid letter, implication of the administration of the project. Mitchell-filed the letter with the Board ]illian Douglass- is it still the recommendation the BOS should approve that funding source.. Heaton- BOS should be silent on that, let the Board make that determination. Motion made by Brian Harrison to accept HOME Consortium as the funding agent for this project. Second by Bruce MacGregor VOTE 5-0-0 Heaton- Item 4-appplicant controls the property Item 5-public hearings Item 6-representive of the applicant Item 7- Plans (a) final not received to date. We will add on when received James Quirk rep. Peter Copulas- March 27 meeting to approve 1-18-07 plan. Will it be amend if further plans. Heaton- Item 7 b-m -list received from applicant Freeman- are you OK with that? Mitchell- yes, with the exception of the report from Open Space that was received this morning Freeman- Open Space; dated of record April 23, 2007. Heaton- Item 8- received from Town, added Open Space Item 9- received from residents and abutters Item 10- retain RH as Technical advisor Section II- Findings; Item 1 -project description, final plan not received yet; a- subdivision plan; not seen yet B-4 lots not seen yet-pending Selectmen C-not transferred to Habitat held by Town d- Easement to Habitat e- in perpetuity Stewart- not voted on "e" as such Freeman- Assessors Map vs. Subdivision plan Dickinson-on Assessors Map created 5 + 6 (5 for nitrate loading, 6 to be open) Stewart- what we approve will no longer show amend to correct numbers ZBA- Minutes of 04-24-07 Habitat for Humanity Page 2 of 6 Freeman- not through the Selectman process yet, amend for the final version. Heaton-items 2-6 approved, statements of findings, any questions? Next section is III Conditions; Item 1- 4 units, regulations outlined Item 2- intended to represent prices to sell units and the income requirements of the people buying them. Particularly when resold at some time. Covered by the regulations. How do we state this in words? Mitchell- will d E Consort ulm wh ch has its ownpregulationsntyhich is aFlittle differe t thandDHCD grant from HOM and Habitat must comply with grant requirements. Goldsmith- paragraph 2 as presented is accurate as finalized. Start with 65% target group if not enough go to 80%. Adjusted prices to higher income. HUD has just one statistical area in Barnstable County. Freeman- your saying that Paragraph 2 meets with your expectations. Goldsmith- yes Heaton- I have a little concern, the way you set prices. The formula that is used sets a ratio for prices in the future. Goldsmith- Number 2, Item a- this language states the sales price will be calculated as stated. Item b- for resale- preserve affordability. MacGregor- how is resale calculated? Goldsmith- 90,000 HUD, 70.400 divided 90 = 1.27. Maximum resale price. 1.27 survives all resales/set at day of closing. Heaton- filed with the deed Goldsmith- state standard Freeman- Item 2, a- as corrected b- Ok Heaton- maximum price no more that $137,000. Mitchell- we don't know that. Paul ?- (HOME Consortium rep). when ready to market, sale price could be higher- targeting lower income buyer. Public benefit to get home ownership dollars down. Heaton- AMI, very difficult to understand, 65% of AMI family earns $42,000. , 80% of AMI is $56,000. Douglass- we support this clause-very important to the Town. Kearney- consistent with 406 language. Heaton ~~moderate" 60-80% Page 3 of 6 ZBA- Minutes of 04-24-07 Habitat for Humanity Freeman- not addressed affordable issues before Harrison- definition of "family", federal definition, connected by blood, ties, bank. Freeman- should make a motion to adopt 2 a + b ? Stewart- why adopt individually, not all at the end. Freeman- benchmarks along the way. Motion made by Brian Harrison to adopt #2 a and b Second by Bruce MacGregor VOTE 5-0-0 Heaton- #3- run with the land #4- can not be rented MacGregor- can be forced to sell? Can they remortgage? Mitchell- cannot have a 2"d motgage. Paul ?- typically refinancing-approval of agencies Motion made by Brian Harrison to adopt 3 and 4 Second by Bruce MacGregor VOTE 5-0-0 Heaton- Item #5 discussion? Douglass- covers relatives of current residents MacGregor-Land Disposition Agreement-specific "resident" Douglass- definition goes back to 1990 Freeman #6 discussion? No discussion, as written #7 - as written Motion made by Brian Harrison to adopt 5, 6 and 7 Second by Bruce MacGregor VOTE 5-0-0 Freeman- # 8 a-d may change. To be discussed later Macgregor- further comment on #5- disappointed if 3 or 4 people that have only lived here once in 10 years. Plenty of people in town want to stay here. Heaton- recommend to Selectmen- modify the terms of local preference/conditions. Freeman- how does the Board feel? ZBA- Minutes of 04-24-07 Habitat for Humanity Page 4 of 6 Stewart- I agree with Bruce, we should talk to the Selectmen 7ackson- sounds reasonable as stated by Art and Bruce, more restrictive policy Goldsmith- technically= minimum local preference currently live or work in town no time. HOME has a local preference definition. Paul ? -lives, works, grew up in town. Very broad. What you have now is pretty good. Respectfully submitted, ~~: o~d ~z ~dw to. i ~t~~~~~ $; ZBA- Minutes of 04-24-07 Habitat for Humanity Page 5 of 6 ZBA- Minutes of 04-24-07 Habitat for Humanity Page 6 of 6