HomeMy Public PortalAboutZoning Board of Appeals -- 2007-08-20 MinutesDate approved 11-15-07
Vote 5-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
August 20, 2007
White Rock Commons
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, Attorney Andrew Singer, Mark Zippo, Laura Shufelt,
and Robert Fitzgerald
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 ,seven (7) of which
will be affordable units, and one relocated house on new Lot 2.
^ Motion made by Arthur Stewart to accept the Minutes of July 24, 2007 as presented. Second
by Phillip Jackson. All VOTED: 5-0-0.
^ Freeman-We would like Mr. Singer to guide us through the final changes of the draft. This
case has been closed to Public Input at the end of last meeting. We will have no input from
the audience.
Page 2- date 8/03/07
Page 7- designated units
Page 8- #6 "monitoring agent"
Page 10 Removed 18 + 19
Former paragraph 20
Clarification letter of July 30, 2007 from Jillian Douglass has been seen and reviewed by the
ZBA and the applicant
^ Freeman-any discussion on this letter?
^ Stewart- discussed in detail with our consultants Mr. Heaton and Mr. Giggey; maybe
reviewed by applicant.
^ Singer-proposed a bioclear nitrogen reduction system on site that would treat to a 19 parts
per million level and referred to as Phase 1 system. Ms. Douglass clarification possible
method to try to allow Phase II addition on site. Additionally providing some funds for an off-
site use in an escrow account. Two sites treating 19 ppm were better overall but from a
straight economic view, monthly common fees would be too high on an ongoing level.
ZBA Minutes 08-20-07
The additional funds proposed to the Town do not seem problematic. Proposal was contingent
on the Selectmen appropriating $48,000 back to the project from a donation of $67,000 from Mr.
Zippo to assist in the Phase II Bioclear. Then approximately $18,000 from Affordable Housing
fund that may or may not be used to assist the residents for the additional maintenance
triggered by the Phase II Bioclear. Cost is not just initial instillation but the ongoing maintenance
also the additional maintenance from occasionally to weekly or more equals raise in annual cost.
Significant increase would raise condo fees beyond other Brewster projects. At the end of the
day this is uneconomical for this proposal.
^ Jackson-complexity of Phase II is beyond a condo association of this size could deal with.
^ Stewart-affordable unit fees would be $89 to $133 not huge but, market rate from $198 to
$310 would be significant.
^ Shufelt-sales price of the affordable units is down but the marketability of market rate units
is higher than most in town with many more amenities. Looked at all condos in town for
comparison.
^ Singer- the market rates are subsidizing affordable units.
^ Zippo-in Mr. Giggey's statement he said "very hard to pin down the ongoing maintenance
cost with such a complex system".
^ Heaton-I agree with everything that has been said, single stage is marginally economic.
Phase II reduces the prices of the affordable units but adds to market rate and basically
makes the project uneconomic.
^ Stewart-if you reduce the number of affordable units, the profit on units is 10%
^ Singer-it is below 10% with single stage; about 8.9
^ Heaton-last Proforma was July 20th, maintenance costs loaded into condo fees.
^ Zippo- additional costs added $30,000 since last meetings; $16,000 permitting fees, $7500
bonding, additional fees for Mr. Heaton that are not in that Proforma.
^ Heaton-review; first column represents Proforma on April, 2"d arrived at what single stage
would look like; waived all fees. Other is price of affordable units. Down by $100,000 brings
profit down to about 10% which is marginally acceptable.
^ Freeman-any other discussion?
^ Heaton- guidelines 15% is economic, unless the applicant chooses to go to lower rate.
Below 10% really risky.
^ Freeman-can we proceed?
^ Singer-
Page 12- change to DPW 22 and 23
Page 15- Paragraph 4- minimum 20'
ZBA Minutes 08-20-07 _2 _
Page 16
Page 17- DPW Director
^ Freeman-that is everything
^ Heaton-fill in front page
^ Freeman-anything on overall draft
^ 7ackson- No
^ Stewart-all changes Ok
^ Nixon-all changes were made, satisfied
^ Kearney-fine with it
^ Heaton-nothing to add
^ Singer-No, Thank You to all
^ Zippo- nothing to add
MOTION made by Phillip Jackson to GRANT this Special Permit under MGL 40B, 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 seven (7) of which will be
affordable units, on new Lot 1 and one relocated house on new Lot 2. Second by Paul Kearney
VOTE: 5-0-0
Stewart YES
Jackson YES
Nixon YES
Kearney YES
Freeman YES
Mr. Freeman would like to Thank Dick Heaton, Andrews Singer, the Applicant and his Team and Mike
Giggey for their time and patience to make this a good project.
MOTION to adjourn made by Phillip Jackson. Second by John Nixon, VOTE: 5-0-0
L~~ Z!~ 6l AON L0.
ZBA Minutes 08-20-07 _3 _