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Home My Public Portal AboutZoning Board of Appeals -- 2008-10-28 MinutesDate approved 11-25-08 Vote 5-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes October 28, 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. OLD BUSINESS • Motion made by Paul Kearney to ACCEPT the Minutes of September 25, 2008 as presented. Second made by John Nixon. VOTE 5-0-0. CONTINUED BUSINESS 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 12 single-family dwellings on individual lots (9 market rate dwellings and three affordable dwellings). In addition, there will be a reduction in total bedrooms from 50 down to at most 36 bedrooms. There will be 1 (one) shared system for nitrogen reduction. Present at meeting; Andrew Singer, Attorney for applicant Mark Zippo, Applicant and Developer Laura Shufelt, Financial Consultant Robert Fitrgerald, Project Engineer Tom Cambareri, Consultant/Review Nitrogen figures/Cape Cod Commission DISCUSSION Nitrogen Loading- Letters from Tom Cambareri (Cape Cod Commission Technical Services) dated October 14 and 24, 2008 have been received and reviewed. • Fitzgerald-12 houses is maximum of 36 bedrooms, results in 6.68 ppm, ranch style house shown (L-2) will be larger. • Singer-maximum is 6.68 ppm, less if cape style chosen • Fitzgerald- lawn are fertilizer now 2500 s.f.) add nitrogen .3 %. Front and side lawns, back left natural. • Singer-buffer left at bottom left of L-2 • Fitzgerald- Tom and I have spoken and worked the numbers • Stewart- 2500 s.f. lawn? • Fitzgerald- may be hard to enforce. • Zippo-marketability with "lawn restriction" may not be legal. • Stewart-homes with back decks may not want to look out on weeds. • Tom Cambareri-I have reviewed several sets of figures as it has evolved. Summarized in my letter of October 24, 2008; largest percentage is from wastewater (73%). Overall decrease from original plan to 6.68 ppm or 193 Ib/per year. Final analysis (where is the target nitrogen level?). 6.68 ppm for 2500 s.f. turf / 7.5 ppm for 5000 s.f. • Zippo-commitment times number of capes, less s.f. of house. ZBA Minutes 10-28-08 WRC • Cambareri-roof runoff is the lowest amount of all sources. The larger the building the more dilution. Total load doesn't change that much relative to Pleasant Bay. 6.68 to 7.5 means more lawn fertilizer. The overall recommendation is to consider a specific plan to keep the load as low as you can. • McLellan-landscaping is hard to cut back with plants, shrubs, chips etc. • Singer-2500 s.f. lawn/ could consider landscape alternatives. • Elizabeth Taylor-could restrict and say no fertilizer. Could market as "energy star, reduce carbon footprint or green" development. Use native grasses- less water, lower water bill and less lawn. • Singer-if restrictions of some kind-would you consider an amount- "no more than X". • Zippo -a way to lower care-through the Association-this could be done. • Singer-concern if someone wants to personalize their landscaping. • Zippo-that would be allowed but lawn care and fertilizer to be an Association matter. • Cambareri-2500 lawn is 18%/ 5000 is 30% of nitrogen load. Suggested specific low impact to storm water nitrogen credit. • Singer-swales are a matter of economics • Fitzgerald-this has been done, cul-de-sac could be turned into a catch basin. • Cambareri-landscape design has improved considerably with native species. Catch basins designed to meet the 25 year flood figures. • Singer-restriction in the Decision is final sign-off by the Fire Department. • 7illian Douglass-if they were to do that would they be approaching 25% reduction. • Cambareri- credit • Douglass-if restriction of fertilizer must be close to 5 ppm • Singer-approved is 8.5%, if the Board has a straight number (suggest 7.0 or 6.7) whatever is done. Flexibility to developer. • 7ackson-if we say five that is totally impossible. • Singer-7.0 sounds reasonable. • Stewart-what happens with limiting fertilizer • Zippo-good idea, can it be bought in turf (conservation mix). Units more saleable with fewer restrictions. • Nixon-it does work • Cambareri-would bring down 18%, near 6.0 • Jackson-do we agree on that? • McLellan-estimated lawn-no fertilized lawn, organic matter for gardens-compost. • 7ackson-this could be spelled out in Declaration of Restrictions and the Decision. • Stewart-credit for the 3 basins we have (keep cul-de-sac) • Cambareri-storm water into bio infiltration. • Fitzgerald-we will submit a landscape plan; native grass (L-5). We will run numbers again. • Stewart-we will have to have the numbers for the decision. • Taylor-when you write the description of lawn, "NO fertilization of lawn" would be appropriate. Still gazebo in the cul-de-sac; the Fire Department may cancel it. • Singer-Page 9, Paragraph 10; accessory structures. • Stewart-Accessory Structure should say "shed". • Cambareri-Nitrogen loading-anticipate quarterly reviews with report sent to BOH. • Singer-Paragraph 18 of Draft Decision- Operating and Maintenance Manuals. Paragraph 18 G- total nitrogen and nitrate. • Cambareri- number 7 of letter; analysis of total nitrogen and nitrate. • Stewart-all in Draft document. • 7ackson-Thanks to Tom Cambareri for the review report and Andrew Singer for the prompt Draft Decision and documents. ZBA Minutes 10-28-08 WRC 2 • Stewart-what is total bedroom count? • Fitzgerald-36 • Stewart- Unit 9 still the same? With the detached garage. • Singer- yes, 3 style house designs; in the Decision it refers to 3 options (mixed) • Stewart-will affordables be all the same style? • Shufelt-either Ranch style or one story garage Cape, to keep the development balanced. • Nixon-the Ranch style is longer than the other 2, would they fit on the lots? • Singer-the L-5 shows all ranches and they fit. • ]ackson-the expanded model; what is going in the loft area? • Zippo-proposed sitting area/ landing at the top of the stairs • Stewart-what is meant by "garage on site by others" • Zippo-these are modular, the garage is stick built on site. • Taylor-are the affordable the one-story garage? • Singer-yes, we did not anticipate the affordables to have the 2-story garage. L-2 DISCUSSION (SITE PLAN) • Stewart-data box, Lot #10; rear and side crossed. • Fitzgerald-2 front, 2 side; corner lot • Stewart-original plan had 2 fire hydrants, don't see either one. • Fitzgerald-will meet requirements. • Singer-Paragraph 19 of Draft Decision- B • Stewart-do Lots it + 12 pay into maintenance of White Rock Common Road? • Singer-All share everything; tied in through septic system. Meet Fire Department recommendation; smoke detectors + C02, cul-de-sac width, and minimum 2 hydrants • Stewart-with phasing-how far will the road base go? • Singer-some digging to the back, Page 8 Paragraph 8 • Stewart-all utilities on Phase I, what condition will the road be in for a year or so? • Singer-continued access for the neighbor to the rear, no less than what he has now. • Zippo-in terms of clearing the lot; 1) clear for whole landscape plan 2) clear for just Phase I-not decided yet. What ever is easier for the road. • Nixon- for marketability- leave fair amount of vegetation. • Fitzgerald-utilities will be built for full width of Phase I and cap them. Fire Department may want the cul-de-sac- best road base. • Zippo- goal is 2 up by Spring (Lot 11+12); an affordable and a market model. Not dependant of bank financing. Hope to sell 2-3 per year. • Stewart-should you put specific location of sheds? • Zippo-7,8,11,12 have walkout basements, may not need sheds. • Nixon-approval for shed in Association documents, come to them for plan approval. • Singer-covered under Page 9, paragraph 10 • Taylor-Open Space, would like left in natural habitat. Recreation use has been removed. L-3 DISCUSSION (GRADING + UTILITIES) • Stewart-will you fill in the sink hole for the leaching field • Fitzgerald-trench it/pitch grade to meet existing grade. • Nixon-any problems with Bioclear not fully operational spread over 4-5 years? • Fitzgerald-no, less flow than designed for. • Kearney-maintenance based on usage or time? • Fitzgerald-Service on quarterly basis. • Stewart-will there be gas lines into this development? • Fitzgerald-yes • Douglass-referring to #4 of Dick Heaton draft. • Singer-this document has thrown us for a loop ZBA Minutes 10-28-08 WRC FURTHER DISCUSSION • We just received this document today (sent to all parties) • Mr. Jackson spoke to Dick Heaton today • Refer to recording for full discussion • Mr. Jackson will call Mr. Heaton tomorrow • The Draft will NOT be included in the discussion at this late date. L-5 DISCUSSION (LANDSCAPE PLAN) • Stewart-Alberta Spruce-3 each on the table. • ]ackson-Leland Cyprus, not desirable, according to Cons. Com comment-just to make you aware of this statement. • McLellan-of the existing trees, who chooses what stays and what goes? • Singer-developers responsibility • Zippo- Lot 11 +12 remove trees-to be amended • ]ackson-make the client aware of Department comments • Kearney-as the system is designed now, can it be expanded? • Fitzgerald-can possibly accommodate 1-2 homes, not planned. • Singer-what further information is needed? • ]ackson- Draft Decision with changes, Monitoring Agreement, Association document with changes. • Singer-Mylar/Subdivision plan to sign; I will have changes by next week for Board to review. NEXT MEETING: Tuesday, November 25, 2008 at 7:OOpm Motion by Arthur Stewart to CONTINUE this hearing to Tuesday, November 25, 2008 at 7:OOpm. Second by John Nixon. VOTE 5-0-0. Motion by John Nixon to adjourn. Second by Paul Kearney. VOTE: 5-0-0. submitted, Ma~tfvn Mooe (y rt;'~ f i'-~ ~,^ ~~~~U ~~`_ ~~~ L0~ Z$A Minutes 10-28-08 WRC 4