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Home My Public Portal AboutZoning Board of Appeals -- 2007-05-17 MinutesDate approved 7-10-07 Vote 5-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes May 17, 2007 Chairman Harvey Freeman called the meeting to order at 7:00 PM. Members present were; Harvey Freeman, Philip Jackson, Arthur Stewart, Brian Harrison, Bruce MacGregor, Paul Kearney (alternate), and Consultant Richard Heaton. OLD BUSINESS Minutes of April 24, 2007 were reviewed. Motion by Brian Harrison to accept the minutes as corrected. Second by Bruce MacGregor VOTE 5-0-0 NEW BUSINESS CONTINUATION Habitat for Humanity of Cape Cod and the Town of Brewster, Slough Road at ]ames 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, May 4 and 11, 2007 as required. Dickinson- revised Plans submitted; Map 1- existing_conditions- revised title block and dated 4-23-07. States James Burr Road- 40' wide Map 2- same title block change; locus correct, driveway now 18' wide with 2' paved shoulder on each side, driveway at cul-de-sac 18' wide no shoulders, added street light at James Burr and Slough Road (granted waiver), original subdivision plan showed 2 parking spaces per home-now 3, front entrance walk, regarding decks/sheds from optional to "future", relocated sheds to comply with setbacks and will comply in the future. Parcels 5 and 6- revised to 9-7, 9-8 and 9-9. Freeman- is that accurate as shown? Dickinson- with street light removed. Taylor- are sheets 1 and 3 the same date, may be a problem Freeman- sign the one that applies. MacGregor- On sheet 2, in legend- symbol "cut line" Stewart- 2"d from the bottom"limit of work" ZBA- Minutes of OS-] 7-07 Habitat for Humanity Page 1 of 4 Freeman- make sure designated map is approved. Dickinson- drawings comply and new date, adjust drawings to today's date. Heaton- word the decision that the street light is taken out, correct date to sign plan. Mitchell-minutes reflect decision, set with correct date and sign. Dickinson- rework the drawings and sign the new drawings. Freeman- stop in office and sign complete, corrected drawings. The minutes reflect the changes, Do all parties agree; Kate Mitchell, Vicky Goldsmith, complete ZBA Dickinson- Map 3- width of driveway changed from 12' to 18', stone shoulders, septic the same, change date to 05-10-07. Freeman- "redividing plan" -clarify description of James Burr Road, dated 5-10-07. lames Quirk- reason for the newly signed plan is to be consistent with the Registry of Deeds. Heaton- clarify when change dates, same as decision. Stewart- revision date when stamped-professional. Dickinson- Mylar is good Mitchell- 2- May 18, 2007. 3- eliminate 4-23-07 add 5-18-07 Heaton-wait for dates, fill in blanks Stewart- #5 architectural are still the same. Freeman- are we still on track? Heaton- final plans, match decision and dates. Freeman- Items from Draft 6 incorporated into the final, some not addresses prior-to be covered now (page 2 #4- does this apply?) Heaton-yes Freeman- should we vote in entirety or separately? How does the Board feel? Further discussion? Heaton- FINDINGS- #1- dates are OK, ib no changes CONDITIONS- #8 a-d- consistent; agree Heaton, Mitchell and Board #17 and #18- language change. #23- inspectional fees Stewart- #21-restricted covenants, should be stated. ZBA- Minutes of OS-17-07 Habitat for Humanity Page 2 of 4 Heaton- consistent and to be reviewed by Town Counsel, referenced and reported. Mitchell- can be put in but not required, can reference if you wish. Taylor- what restrictions? Mitchell- covenant are Association only. Pumping of septic, no parking on James Burr Road, light reflection etc. Stewart- will we see this document? Mitchell-totally up to you. Heaton- Mirrors things in the Decision. Freeman- how does the Board feel? Douglass- Town Counsel has not seen this yet, but the Board should see it. Mitchell-asking you to vote the Decision, this does not refer to a document you haven't seen. MacGregor-but we haven't seen this Goldstein- the level of detail the ZBA needs does not need to scrutinize, not to hold up the Decision, but it is up to the will of the Board. Heaton-assuming you want to see this, close the hearing, include in the decision to be reviewed by the Board, Town Counsel and Town Administration. Freeman- agree with #2-not hold up signing. MacGregor- perhaps in the future-we should see this with the application. Mitchell- sorry, I misunderstood who was to review this document. Quirk- normally agree, but town is going to convey this property Heaton- add a clause of condition °prior to transfer of any land" MacGregor- add "before you transfer to your owners" Mitchell-perfect Goldstein-would we be invited to this meeting? Stewart-#26 should read THE power Freeman- review Appendix A, anything else? Open to Public Input ZBA-Minutes of OS-17-07 Habitat for Humanity Page 3 of 4 James Quirk- Mr. Copolus is in favor of the project. Concern of the existence of James Burr Road as a public road. Not waiving his rights to use this as a public way. ]illian Douglass- a wonderful job by the Board and thank you on behalf of the Town. Restrictions that the Town will put on are being worked out; nitrogen and land use. Heaton- when we close this, the application may be closed but there will be discussion with the applicant for further input. Elizabeth Taylor-this has been an incredible process, very impressed with the ZBA. Freeman-the ZBA has been helped by all of you, particularly Dick Heaton and his work above and beyond. Thank you. Motion to by Brian Harrison to Close to Public Input as stated by Mr. Heaton. Second by Bruce MacGregor. VOTE: 5-0-0 Freeman- we will have the changes made and sign when complete. Heaton-Tow choices 1- vote based on the changes, then sign of 2- keep open ,review and sign. Freeman- It will go to Town Clerk for 20 day after signatures. Motion made by Phillip Jackson to ACCEPT the Habitat for Humanity application for a COMPREHENSIVE PERMIT encompassing all aspects and waivers. Second by Bruce MacGregor VOTE: 5-0-0 Freeman YES Jackson YES Stewart YES Harrison YES MacGregor YES Motion by Brian Harrison to ACCEPT Plan 6006-4256, entitled Habitat for Humanity of Cage Cod, Slough Road Definitive Subdivision Plan of Land dated 5-17-07. Second by Arthur Stewart VOTE: 5-0-0 Motion to adjourn made by Brian Harrison. Second by Bruce MacGregor. VOTE:5-0-0. cz, 4i~ o e ~-- iv _~ ...1 ZBA-Minutes of OS-17-07 Habitat for Humanity Page 4 of 4