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Home My Public Portal AboutZoning Board of Appeals -- 2008-08-21 MinutesDate approved 09-25-08 Vote 5-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes August 21, 2008 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Arthur Stewart, Robert McLellan, Paul Kearney and John Nixon. 07-08 Mark Zippo (White Rock Commons), 157 South Orleans Road. Map 52 Lots 31-1 and 33-1. The Applicant seeks an amendment to Comprehensive Permit 07-08 to reduce the overall number of dwelling units from 25 total units (24 townhouse-style dwelling units plus one single-family dwelling) to 14single-family dwellings on individual lots (10 market rate dwellings and four affordable dwellings). This equals a 44% reduction in overall density. In addition, there will be a reduction in total bedrooms from 50 down to at most 42 bedrooms. Each of the 14 dwellings in the amended subdivision will be serviced by its own Title V septic system with nitrogen reduction capacity. Attorney Andrew Singer represented Mr. Zippo. Mr. Mark Zippo was present. Mr. Robert Fitzgerald -project engineer Mr. Singer gave a brief overview. This project was previously approved as 24 townhouse style units and one single home, under Condominium ownership. The applicant would like re-configure this project to 14 single family homes (4 affordable). Original- 51 bedrooms with one (1) treatment system Now- 42 bedrooms (at most); reduces density, nitrogen loading from 8.5 to 6.7 parts per million, decreases total reduction by 31% and reduces traffic. Virtually all original conditions remain the same. Change in waivers relate to change from condominium to homeowners association. To be built in 2-3 phases. DCPC concerns- 406 is exempt from Cape Cod Commission process thus exempt from DCPC. What is proposed is a good approach to nitrogen, further decreases nitrogen load. Asking for approval with all new condition. Board Questions • Stewart-the proposal dated 8-8-08 today is different from what was presented at "informal discussion" • Zippo- transpose 14 lots, this is more streamlined. • Stewart-the open space lot is not there • Singer-more private, further away from access to neighbor in back. • Fitzgerald-turn around access size in response to Fire Department. • Heaton-what's changed and why are you doing this? • Zippo-the market, less profit but "safer sell" • Stewart- should we discuss septic first or stay on the site plan first? • ]ackson-going back to document of May 2, 2007, Section 6; comparing factors of enhanced bioclear. Same submitted tonight. • Fitzgerald-difference is what can be consistently generated. • ]ackson-we have Bioclear 10 (8.56), relate to 5 to 8.56 (zone 2) • Singer-much closer to 5, more treatment or reduce density-combination of both ZBA Minutes 08-21-08 • Nixon-sta in system? y g on this; could you elaborate of the letter of g_g_08-how d • Fitr9erald-Title V with leaching system-innovative to add oes this differ from regular water out of the tank-cleaner water goes to leaching field. Thi • Nixon-what kind of maintenance is needed? between tank and leaching field to treat • Fitzgerald-annual inspection b s is a standard Title V with Bioclear. Barnstable Count . y a licensed operator then filed with both the Board of Heath • Nixon-As a Condo that had a m Dhanism to ov This is the homeowner's responsibility. and this be monitored properly. ersee this now it is the individual responsibilit - Fitzgerald-Barnstable Coun ultimately responsible. ~' Health keeps track and noti y how will • Singer-Homeowners Association-all membershi for ~ watchdog agency. Homeowner is membership of systems-one company to monitor all rather that 1 er P common areas can put in language for • Kearney-what kind of cost? Fitzgerald-average $300.00 p unit. • Kearney-how does that affect affordable units? • Singer-factor into the "dues"- affect the sale price. • Zippo-lower cost of house to make that dues possible. • Singer-if all at once less cost rather than 14. Could be worked into th • Stewart-did you consider one unit rather than 14. • Zippo-less cost but for ownership in a marketin e Comp Permit language. • Stewart-association responsibility. 9 position, not sure. • Fitzgerald-a shared system makes even smaller lots because the space must acc system. ommodate the Zippo-$25,000 to build each individual unit. Comes out of up front expences. Build in marketability, conjunction with • Heaton-if prime objective is to reduce load isn't one system more effective than 14 se crate • Fitzgerald-different technolo g y • Singer-if system was designed for 42 and onIY16cus ng ht you wont getlthe trea p ones. • Heaton-2 or 3 shared built in phases. tment. • Zippo-space would be an issue • Jackson-what is the sequence of maintenance? • Fitzgerald-Local BOH-contact by licensed operator before occupancy- 2 year period, a letter to homeowner. • Jackson-what if they don't comply? • Singer-then technically not in compliance with Comprehensive Permit. • Jackson-who tells the BOH? • Fitzgerald-the county sends to local BOH • Singer-the Association is the first fail-safe, at the beginning the developer • Jackson-if the homeowner doesn't do maintenance? • Zippo-a lien put on the property. • Kearney-what else is the Association responsible for? • Zippo greens, plowing, maybe lawn cutting to a standard, road, septic and insurance. • Stewart- important BOH up to speed McLellan-what is the failure rate on unit not occupied year round? Fitzgerald-if pumps' left running it just slow down and responds when used again. Manufacture gives recommendations. Singer-the four affordable units have to be year round. Stewart-not finalized on Bioclear Fitzgerald- focus on Bioclear or similar, fast system works for smaller homes Heaton- amount of raw nitrogen into ground 186 not 260. Taylor-distance between 2 driveways on Route 39, have you thought about combining those driveways? What is the size of the garage? ZBA Minutes 08-2 I -08 2 Zippo-garage is 14 x 21, unfinished upstairs-owners option to ma • Singer-submitted as a 3 bedroom home • Heaton-would you accept a deed restriction? ke a master suite. • Zippo-not a problem • Singer-can't build so big that the affordable are in a bind. • Heaton-3 bedroom issue comes up frequently due to "septic flow" Open to Public Input • Douglass-our BOH has a different definition of bedroom. Ask them t Fitzgerald will talk to them) • Bonnie Gray-14 lots may be individualized but what about all the fert l comment of this (Bob areas v lawns. ized areas- question wooed • Zippo-more building, more units; less structure, more green • Fitzgerald-houses on lower WRC, septic pushed into "open space" in on • Singer- if approved, this has less grass • B, Gray-can't control it, owners can plant grass where ever they want ginal plan • Fitzgerald- less building, more open space. The assumption is some bac ar • McLellan-can there be a landscape plan? with fertilization. • Stewart-the Association will control the cutting ~' ds will not be lawns. • Zippo-calculations are based on all green • ]ackson-most comes from homes not lawns • Stewart-no irrigations systems. • Trent Gray-arrived late, missed who sits on this case? • Jackson-80% original, Bob McLellan replaces Harvey Freeman, original consultant. • Singer- Consultant may be needed to review submissions (Bob Fitrgerald will send to Mike review) • Fitzgerald-prepare single system v 14 separate. Giggey for • ]ackson-with Homeowners Association, single system is a better way to go according to Mike Gi e . Do we need input from CCCommission? gg y • Heaton- consistent with what we have said, data needs review, may need to attend if clarification needed. Nixon-one system may reduce the amount of work. ]ackson- Board needs to compare both sets of waivers Zippo- can revise landscape plan. Motion by Arthur Stewart to authorize the Chairman to retain two (2) consultants to review information based on agreement. Second by Paul Kearney. VOTE: 5-0-0 • Stewart-further input may be needed. • B. Gray-have you seen the site? • Heaton-I suggest Mr. Singer draft the proposed decision for review. Also set-up Association documents with parameters. • Douglass- we should have comments from Housing Partnership, Water Quality, Planning Board and DPW • Jackson- continue this until Thursday, September 25, 2008 at 7PM Motion by Paul Kearney to Continue until Thursday, September 25, 2008 at 7PM. Second by Arthur Stewart. VOTE:5-0-0 Motion by Sohn Nixon to adjourn Second by Arthur Stewart VOTE 5-0-0 ZBA Minutes 08-21-08 ~_~ :CJ VJ f ~'1 _~ L~ ZBA Minutes 08-21-OS