HomeMy Public PortalAboutZoning Board of Appeals -- 2007-07-24 MinutesDate approved 8-20-07
Vote 5-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
July 24, 2007
Chairman Harvey Freeman called the meeting to order at 7;00 PM. Members present were; Harvey Freeman,
Philip Jackson, Arthur Stewart, and John Nixon. Member missing: Paul Kearney.
Also present were Dick Heaton, MHP Consultant, Attorney Andrew Singer, Mark Zippo, Laura Shufelt, and
Robert Fitzgerald
OLD BUSINESS
Minutes of May 21, 2007 were reviewed.
Motion by Phillip Jackson to accept the minutes as presented.
Second by Jack Nixon
VOTE 4-0-0
Minutes of June 12, 2007 were reviewed.
Motion by Phillip Jackson to accept the minutes as presented
Second by Arthur Stewart
VOTE 4-0-0.
7:05 PM: short recess until 5th member arrives.
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.
This hearing was advertised in the Cape Codder and posted at Town Hall as required.
^ Freeman-The Board is hoping to draw to a conclusion various input, to complete the draft and
possibly close to Public Input. The Applicant's team and the Board Consultant should be commended
on the good job on the draft decision. Thank you all.
^ Singer- a few "housekeeping" issues; 1) presentation of the formal Mass Housing Appraisal, 2) two
points to be highlighted: language in Paragraph 19 in Conditions (page 10) "profit sharing"- propose
to strike that language and Paragraph 18 (page 10) to be removed. 3) Mylar to be presented, will be
signed when concluded. If OK by the Board we would like to proceed through the Decision.
^ Heaton-
Page 1- general information
Page 2- 7A updated plans presented; L1-existing conditions, L2- site plan; fire department needed
larger radius. Modified building against the Housing Authority property and changed the setback of
ZBA Minutes 7-24-07 Page 1 of 7
garage to the street at single family home. L3-grading and drainage (DPW and Cape Cod
Commission recommendations). L4- Site Utilities- Presby system (bioclear) moved down. L5-
Landscape Plan is the same.
^ Singer- paragraph A6 and A7- cross out Rev. date line.
^ Terry Souza-(abutter) how far is back unit from my property line?
^ Singer- are you to the west?
^ Fitzgerald- about 120 feet
^ Souza- is the Bioclear underground or above ground?
^ Fitzgerald- up about 1-3 feet, green fiberglass
^ Souza- any fencing around it?
^ Fitzgerald-plantings
^ Souza- our deck faces that area.
^ Zippo- happy to include fence/evergreens have been planned but this can be discussed.
^ Singer- we should try to make that decision as we go through
^ Zippo- do you have a preference?
^ Souza- No
^ Fitzgerald- 20 feet of trees could be extended to block neighbors view.
^ Freeman- have you reached an agreement?
^ Fitzgerald- add revision to A5- add more green (Leland cypress to block the view)
^ Trent Gray- anything planned to deter people from using the power line area and our driveway?
^ Freeman- power line is an easement
^ Stewart- can't fence off the power line.
^ Gray- can anything be done to stop this access?
^ Zippo- can't think of anything to do
^ Elizabeth Taylor- can be gated and fenced, it is an easement only, as long as NStar has access.
^ Singer- Mr. Zippo only extends to ~/z the power line, very little area.
^ Freeman- is that section town owned? Mr. Zippo's portion would only block a small portion.
^ Douglass- suggest talk to the Selectmen as to what can be done to address that.
ZBA Minutes 7-24-07 Page 2 of 7
^ Freeman- should be addressed through the Selectmen.
Heaton-continuing
Page 3 and 4 as written
Page 5- Findings- discusses A-number of units, B-number of bedrooms, C- bioclear, D- number of
affordable units.
Page 6- where the property is
Page 7- Conditions; 1- specific units; 2, 5, 6, 7, 12 ,17, and 20 to be listed as affordable. Numbers 2-
3-4-5 deal with economics, No. 6- local preference -sentence added after "law and allowed by
monitoring agent, the Applicant", No. 7-8 construction, No. 9 approval plans/ infrastructure.
^ Shufelt- equal to or greater that regional Fair Housing Guidelines.
^ Gray- quite possible these unit won't go to Brewster residents
Heaton- continuing;
10- Water
11- Utilities
12- normal construction activity
13 and 14
15- Mass Housing Approval
16- Waivers
17- Condominium Documents (submitted)
18- waivers and fees- all fees except 4 will be waived and placed elsewhere.
^ Freeman-inspectional fees are included.
• Singer- continue to exempt inspectional fees, except water fees?
^ Stewart- we attempted to do this before, to turn the money over why are we still trying to this.
^ Singer- put into Housing Fund.
• Freeman- we proposed but the Selectmen did not approve funds for Nitrogen mitigation. We went
back to allocate to Affordable Housing.
^ Stewart- goes to General Fund or specific fund.
^ Freeman-we have the ability to waive any and all fees.
^ Jackson- reaffirmed by Town Counsel.
^ Kearney-we are creating more hard will than solving.
^ Zippo- lack of clarity if Water Dept. Fee is a Town fee or separate entity.
^ Nixon- Town Counsel's opinion rules.
^ Freeman- ALL municipal fees.
^ Singer- clearly indicated what is waived or paid.
ZBA Minutes 7-24-07 Page 3 of 7
^ Kearney- does the increase in fees include inspectional fees.
^ Singer- adopted 2 weeks ago and sprinkler fees increased.
• Zippo-half the fees are Water Dept.
^ Stewart-Water Dept. would not be too happy if waived.
^ Freeman- waive fees except Water Dept.
^ Singer- pay $36,000 to Water Dept., other $23-24,000 into housing fund
^ Freeman- when was the Affordable Housing Fund set up?
^ Douglass-4 years ago- under Special Legislation, "fees and fines" to reinvest in affordable housing
in Brewster. Five dollars in the account now.
^ Freeman-has this fund been used?
^ Douglass- no connection to this project and affordable housing. Creating an impact on upgrade to
2-stage bioclear.
^ Stewart- At this point Title V is the requirement.
^ Douglass- we are now in the position to do more.
^ Freeman- is there anything new being proposed here by the Selectman? (no response)
^ Carol Ridley( Pleasant Bay Alliance)- regarding nitrogen loading-septic load reduction of 50%.
We urge you to consider in excess of 19 parts per million. May be funds available to enhance the
requirement. Benefit the whole system. Will need to be met by all 4 towns.
^ Taylor- reinforce what has been said; be pro-active- so this development does not impact water
shed. Phase 2 would help. The State is going to come down with regulations.
^ Freeman- we made the proposal to the Town ($50,000) and have the Selectmen take apro-active
stand- the Selectmen refused. Economics of the situation below 19% would be unable to do
economically. Appropriate to offer the funds to the Town- the Selectmen could not stand up to the
task.
^ Heaton-once the decision has been completed it can be appealed, only recognized statute in effect
today is Title V, but the applicant has volunteered to put in Bioclear.
^ Douglass- discussion with BOS only to Golf Course as an option. If proposing money be used any
where in town.
• Freeman- BOS wanted the money to go to Affordable Housing
^ Singer-additional treatment on site increased maintenance cost significantly-monthly cost priced out
of the market. Proposal to take the money and propose to BOS.
^ Stewart- 2 stage Bioclear-yearly maintenance. Very complex system-chemical replacement and
preventive maintenance will be prohibitive as it gets older.
ZBA Minutes 7-24-07
Page 4 of 7
^ Fitzgerald- Mike Giggey summarized- can be reduced from 35 to 19 pm inexpensively but to lower
level on a 2 stage system, prices are out of control.
^ Freeman- much more effective to use funds in neighboring areas.
^ Trent Gray- everyone will share the cost in the future.
^ Freeman- the Town has to do something pro-active.
^ Gray- could increase more but too much of a burden; whole market place has to share.
^ Stewart-Title V is all that is required by State law. We are a long way off to waste water treatment
plan.
^ Singer-this was rehashed over several months.
^ Ridley- is there any type of ongoing monitoring?
^ Fitzgerald-system will be checked by wastewater operator quarterly and by the Town of Brewster
Board of Health. Responsibility of the ownership within the Condo documents.
^ Freeman- we would now like to discuss fees to waive.
^ Shufelt- initial proposal called for waivers and monies to go to Trust Fund recommended by
Affordable Housing Committee. If not the right place, go to General Fund.
^ Singer-letter of August 8, 2006 indicated fees to be deposited in Affordable Housing Fund.
^ Singer-if the Board is in conflict it would be easier to strike Paragraph 18.
^ Nixon-could do something worthwhile for the Town, rather than send back to general funds.
^ Kearney-suggest we delete Paragraph 18
^ ]ackson- I agree regarding deletion
^ Stewart-makes no sense to me to put the money into General funds.
^ Freeman- I agree with that as well. Strike Paragraph 18.
^ Heaton-continuing
20- Mike Giggey information, B-do we have that letter?, C-G operational matters
21- Fire and Water Departments
22- House to be moved
23- Required
24- Addition of DPW approval
25- Upgrade road as shown
26- Relocate fence
27- OK
28-29- General permit
30- Who issued?
31- OK
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32- OK
33- When expires?
34-Appeals
Page 16- Appendix A
A- 1- Use regulation-clear
2. Lot size-
3. Area, Frontage, setbacks etc. Tied to the plans
4. Treat White Rock as road
5. OK
6. 179-51, A-3
7. OK
B- 1 a. eliminate
^ Stewart-unusual not to have Performance Bond
^ Heaton- cost and procedural, benefit; provides a level of protection
^ Singer-Comprehensive permit -not required.
^ Heaton- Towns rules and regulations are in place for a reason.
^ Singer-only for subdivisions not driveways
^ Kearney- it's a private road- town looking for standardization, not that important in this issue.
^ Nixon- would like to keep in, especially with easement to back lot.
^ Jackson-looks like a road, therefore, put as an option for Victor or take out last sentence.
Eliminate the waiver.
^ Stewart- eliminate the waiver
^ Freeman- eliminate the waiver.
^ Fitzgerald- standard subdivision drainage, meets Mr. Bersin's OK
^ Taylor- Is the Town expected to plow?
^ Zippo- No
^ Heaton- continuing page 18
1. Paragraph change page 18 (after 2 f); Strike "Town Engineer" add DPW Director in both
places.
2. 3 (last Paragraph -Line 3) to read "Road shall be 24' wide, paved. Delete "with 2'
shoulders comprised of crushed stone."
3. Line 4- to read "The parking spaces for each unit shall be paved."
4. a. delete last sentence.
Page 19- delete Paragraph D.
Mylar creates new Lot 1 and 2. To be signed at next meeting.
ZBA Minutes 7-24-07 Page 6 of 7
^ Freeman-are we satisfied with the changes?
^ Stewart- what is the time frame on this project?
^ Singer- no activity until next year.
• Zippo- we will follow all Town Regulations for construction rules
^ 7ean Leidenfrost (abutter)-discussion with for Mr. Zippo regarding landscaping-resolved.
^ Freeman- Board will look over the final copy before signing it.
^ Singer- Date for CONTINUANCE; Monday, August 20, 2007 at 7PM.
^ Bonnie Gray- we have watched the Board struggle. Everyone feels uncomfortable with the level
of Nitrogen in the bay, seems to hit a dead end. It is the Boards responsibility to deny, let it
go to the Housing Appeals Board and let them shoot it down.
^ Freeman-Anything more anyone has to say? (no further comments). Motion to Close to Public
Input.
Motion by Arthur Stewart to Close to public Input.
Second by Paul Kearney.
VOTE: 5-0-0
Motion by Arthur Stewart to Continue Hearing until August 20, 2007 at 7PM
Second by John Nixon
VOTE: 5-0-0
9:15PM Motion by Paul Kearney to adjourn
Second by John Nixon
VOTE: 5-0-0
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ZBA Minutes 7-24-07
Page 7 of 7
Respectfully submitted,