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Home My Public Portal AboutZoning Board of Appeals -- 2007-05-21 MinutesDate approved 07-24-07 Vote 4-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes May 21, 2007 Chairman Harvey Freeman called the meeting to order at 7;00 PM. Members present were; Harvey Freeman, Philip Jackson, Arthur Stewart, Paul Kearney, and John Nixon. Also present were Dick Heaton, MHP Consultant and Michael Giggey, V-P Wright-Pierce Peer Review Consultant. OLD BUSINESS • Minutes of February 15, 2007 were reviewed. Motion by John Nixon to accept the minutes as corrected. Second by Arthur Stewart VOTE 4-0-0 Minutes of April 10, 2007 were reviewed. Motion by Phillip Jackson to accept the minutes as presented Second by Arthur Stewart VOTE 3-1-0 NEW BUSINESS 07-08 Mark Zippo (White Rock Commons), 157 South Orleans Road. Map 52 Lots 31-1 and 33- 1. The Applicant seeks a Comprehensive Permit under MGL 406, sections 20-23 and 760 CMR 30.00 and 31.00. The proposal includes re-subdividing the land into two parcels to include 24 single-family dwelling units under condominium form of ownership on new Lot 1 and one relocated house on new Lot 2. Present for Applicant: Andrew Singer-Attorney, Mark Zippo-applicant, Robert Fitzgerald- Engineer, and Laura Shufelt-Economic Consultant. This hearing was advertised in the Cape Codder on Friday, May 4 and 11, 2007 as required. The Chairman asked Mr. Singer if he would like to make any comments of updates since our last meeting. Mr. Singer-noted they are asking for 24 units (7 deed restricted for affordable housing). The nitrogen issues were questioned in the primary presentation. • Current design is good compromise for the land, placed on the land appropriately. • Goal is shared waste water-meet a compromise • Bob Fitzgerald has been working with Town Consultant, here for discussion Giggey- 3 letters sent regarding White Rock; 4-16 listed preliminary comments, 4-18 benchmarks and 5-17 23 points for review. The May 17th letter is a draft and reviewed with Bob Fitzgerald. 1. Private potable wells-as stated 2. On-site test pits and perc tests- tests will be needed, required by BOH in the future, ask applicant to have done now. ZBA Minutes 5-21-07 Page 1 of 6 • Singer-fine, how long are they good for? • Fitzgerald- until the next Title V. 3. Wetlands-Ok 4. Comment letter from Cape Cod Commission- nothing unusual 5. Mass Housing Finance Agency approval letter. • Shufelt- principals are 10 points, must meet 5(made 5), attach to site eligibility letter-will send a copy. 6. Groundwater monitoring wells- • Freeman-from application of fertilizers • Giggey- any addition to site, for the record • Freeman- protect the project • Singer-extent to the Town nitrogen impacting property. • Giggey- clarification-information already exists, just put in the record. • Douglass- Captains has 26 monitoring wells. • Singer- who has that information. • Douglass- the Cape Cod Commission 7. Location of existing septic system.- provided 8. Storm water management- review from Bob Bersin, modify slightly, through grass area. • Bersin- report just given tonight • Freeman- low impact storm water design (read into the record) • Heaton- are those conditions or do they fit the plans. 9. Fertilized Lawn areas-fairly easy to control-to be worked out • Singer -lawn area to be restricted, natural vegetation, limit on the plan. Limit on fertilizer either/or topsoil • Fitzgerald- plans specific s.f. lawn, 17000 for 25 units, easy condition on s.f. of lawn, native grass mix, and reduced fertilizer load. • Jackson- can be put in Condo rules. • Heaton-yes • Freeman- How regulated? ZBA Minutes 5-21-07 Page 2 of 6 • Jackson- monitor in condo rules. • Singer-draft condo dots- can be added • Giggey- awareness, annual informal report to Board of Health. • Kearney- who will maintain the lawn-owners or separate contractor? • Singer- up to the Condo Association-probably a contractor • Freeman- incorporate in Condo rules, review rules at the conclusion • Giggey-does the Planning Board have a standard to reduce fertilizer. • Henchy- not that concerned about fertilizer-minimum compared with waste water/septic system • Freeman- any guidelines for Planning Board • Henchy-use Cape Cod Commission guidelines • Douglass- the Town of Brewster, integrated pest management system can be worked through. • Freeman- applicant should consult with Jillian to be incorporated in Condo rules • Nixon- Condo Docs could be amended 10. Wastewater disposal for the relocated single-family home-worthy of some discussion. • Singer-some discussion already, not practical. Relocated house is Title V (stand alone) physically separated from condo buildings. 11. Wastewater disposal at the adjacent Brewster Housing Authority project. Discussion is needed with the Brewster Housing Authority. Bring this together with BHA- doesn't look like this will work as they have 7 separate systems from late 1980. Other projects in the vicinity are not practical. However, in 5-10 years the Town could have a waste water facility-find a way for an easement to be set aside to tie into town system. • Singer- there is a way to design future changes to take the flow from the property. • Giggey- From condo to municipality • Zippo-might put an easement to add flow • Giggey-same size as leach field • Zippo- facilitate outflow for betterment of community is Ok, but to add flow might affect marketability. • Freeman-combination might be more efficient • Singer-combine with whom? • Freeman- Housing Authority ZBA Minutes 5-21-07 Page 3 of 6 • Giggey-easy to explain what might happen in the future • Singer-Town and applicant would mutual benefit, we should talk. 12. Possible NStar easement • Fitzgerald-part of the back portion is an NStar easement, no direct discussion with NStar. • Giggey- no objection, but a potential hurdle. • Singer-leave as either/or to shift 5-10' • Trent Gray (abutter) -how many s.f. are we talking about? • Fitzgerald-total held 7200 s.f. • Giggey- "Tools Report"-a lot of land tied up in NStar easements • Freeman-is NStar agreeable, historically • Shufelt- it takes a long time to get them to agree. • Fitzgerald- new system, 40% reduction in system, if used pullout of easement. • Heaton-we need a resolution to this • Singer-does it need more flexibility, discussed either partially in or outside easement. • Heaton-new design, within site control, modify design id NStar easement • Singer-we will move it out. 13. Update project drawings.-received 14. Details of cost quotations for three levels of wastewater treatment. Shared cost quotes 15. Level of nitrogen removal. Regarding Mr. Giggey's letter of April 18, 2007, lowest nitrogen load, 2 stage bioclear. 23 pounds needed to be cut to 12 units. Pleased with applicant to come to 2"d tier; numbers in 200 range. Everything needs to balance. Not to make a recommendation on this but alert. • 7ackson-matrix is great, but we need to know what is economically feasible for applicant. • Singer-report transfer into requirement • Giggey- study to measure degree into a regulatory document-draft form now-TMDL • Heaton- meets Title V now • Zippo- to meet TMDL very stron measures needed • Singer- single stage meets economic test of 382 to 228 drops about 35% ZBA Minutes 5-21-07 Page 4 of 6 • Giggey- once decision is reached, items 16 through 23. After what level of wastewater. • Freeman-are we clear as a Board as to our charge? • Jackson- economic- numbers next to loading • Heaton-chart #2, page 2: meet Blue line by requirement, offered Red line-2"d stage bioclear. To reduce unit (#4 not very significant). Green line is reduce 4 units. 2 stage = 29 units (12.5% profit), 25 units (8.4% profit), 20 units (1.9% profit). • Jackson-looking at Red line on page 3; better 24 units with 2-stage then 20 with a single stage. • Shufelt- assumption revenue side will stay the same with a 3 stage bioclear, operations and maintenance is higher thus condo fees higher, reducing the affordable side/add to condo fee side. • Fitrgerald-Tab 7-su. Technical difference is about $50,000. Stage 1 is simple maintenance. Clinical feed system-precise labor costs, operators twice a week, operations costs increase. • Freeman- affordable and market rate pro-rated. • Shufelt- based on sales price, affordable pay less. • Fitrgerald- constantly looking at other systems, same biology, next level of treatment is expensive. • Heaton- look at affordable prices and market rate again and verify the numbers. • Fitrgerald- leaching field with treatment but not nitrogen removal. Does reduce some nitrogen but reduces size of leaching field. Not a denitrifying system. • Singer- can not eliminate bioclear. • Fitrgerald- fully compliant Title V and bioclear or Presby System. • Heaton- the question -it is not approved. Bioclear with Presby System (smaller leaching field) less cost • Singer-separate issue from nitrogen removal • Heaton-what is best for the site? • Zippo-single stage system plus double stage system • Singer-cost savings may not off seta 2-stage bio-clear. • Kearney- Bioclear is a manufacturer, are there other manufacturers out there? • Fitrgerald- they researched cost and maintenance; Bioclear, Anfordam-similar in cost, needs chemicals, Nitrix-promising and 2"d stage, cost is 3 times as much, Presby-not approved yet. • Giggey- there are a number of technologies but Bioclear is a solid system. • Fitrgerald- Bioclear is about $50,000. plus 2"d stage and control building =about $100,000. ZBA Minutes 5-21-07 Page 5 of 6 • Nixon-the Presby System is about double? • Fitzgerald-Presby is just a leaching system Open to Public Input on this issue • 7illian Douglass-alternative #2 is 25 units with 2 stage unit. Would it help to cost it out? • Heaton- critical, this concept makes sense-the whole point is to be worked out. Is everyone OK with is this? • Henchy- Federal Clean Water Act and state law -some not sheltered by 40B • Heaton- State mandates headed in a direction • Singer-other than Title V • Henchy-Federal clean and State law govern over 406 • Heaton-not enforced yet- do not apply to this application (only Title V) • Henchy-Planning Board is looking ahead and with neighboring communities • Freeman -applicant is cognizant of this but they meet requirements now. Where do we go from here? More information needed and time frames. June 11th or 12th. June 12th selected at 7pm • Heaton-respond to each Departments notes, only handle exceptions • Singer-requested a list of exemptions from Victor Staley, #5 with Dick Heaton. Proforma issues to be discussed with Laura Shufelt. I will draft language for decision • Freeman-possibly touch base with Town Counsel • Singer- submit and set up template from previous Comp. Permit Motion made by Arthur Stewart to adjourn with Continuance on June 12, 2007. Second by John Nixon VOTE: 5-0-0 so: ~~a end Lo. . ,,. ZBA Minutes 5-21-07 Page 6 of 6