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HomeMy Public PortalAboutZoning Board of Appeals -- 2008-11-25 MinutesDate approved 01-13-09 Vote 4-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes November 25, 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 October28, 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 Fitzgerald, Project Engineer Richard Heaton, Technical Consultant for ZBA The Draft Decision dated 11-04-08 was the first topic of discussion: • Page 1, date corrected • Page 2 #4,- CMR update • Page 3 #5 and 6- CMR update • Page 5 #12- to end at Technical Consultant. • Page 8 #1- CMR corrected • Page 8 #3 • Page 8 #6 • Stewart- Page 9 # 9 new • Page 10 #14- original ~~submit as built" • Zippo-each home has to submit an ~~as built" • Fitzgerald-before you frame you must submit an as built of the foundation • Singer-can't pre-record a condo, now separate homes. • Zippo-every foundation as built submitted before framing Waivers Stewart- is it understood only for original construction Singer-if an addition, zoning takes over and must comply with zoning bylaws; waivers pertain to footprint, new must comply. ZBA Minutes 10-28-08 WRC • Heaton- waivers to build plans as presented. • Kearney-OK • Nixon-question of applicability for WQPD • Fitrgerald-314 is groundwater discharge • Nixon-40 B's still Board of Appeal, Special Permit by Planning Board • Singer- local Board of Health Bylaws prevail, waiver C page 18-still under 406 • Heaton-Bylaw into effect after application submitted, MGL 40B trumps local law • Nixon-when Bylaw becomes effective; nitrogen loading met all except 5 ppm • )ackson-local verses 406- 406 wins; application filed before Bylaw, then judge on Bylaw in effect when filed. 406 trumps Bylaw. • McLellan-no questions • Singer-#4 noted on every deed-language is redundant • Shufelt-reference in deed for restrictions, state has fixed the problem. Must comply with MA Housing • Zippo-give the Town the option to void the sale. • Stewart-#4 is different than the way it was in the past. • )ackson-take abbreviated statement or leave it out Homeowners Agreement • Zippo-(page 11, ¶ 18) concern- meets marketability of Homeowners Association; landscaping, snowplowing and septic. • .7ackson-homes and common area/annual fee. Handed from developer to homeowner • Zippo-on the hook for units developer owned. • Stewart-no capital account • Nixon-also for depreciation of systems • Fitrgerald-20-25 years. Maybe an occasional breakdown of pump, control panel-covered by operating costs. Roadway-brand new; clean catch basins etc. • Heaton-owners of property maintain capital account. Declaration of Restrictions • Singer-upon sale of each, the owner of that lot shall contribute to the Association an amount to be determined annually by the Association for a Capital Improvement account. • ¶ 5 and 2- can't restrict marketability; no short term rentals, can restrict to annual rentals- minimum 3 month period Other Issues • 7ackson-as per Cape Cod Commission letter; back up generator-not a requirement. When power out it is a gravity system; only fans not working. • Previous WRC plan no longer in effect when new plan signed. • Submissions; Regulatory Agreement 10-03-08 Affordable Monitoring Service Agreement 10-17-08 Construction Monitoring Certificate 10-03-08 Plans L2, L3, L5 11-18-08 Revised Draft 11-04-08 Motion made by Arthur Stewart to GRANT 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. Final Decision, and Declaration of ZBA Minutes 10-28-08 WRC 2 Restrictions and Final Plans dated 11-18-08 to be submitted for signature with revisions as agreed by the Board on 11-25-08. Second by Robert McLellan VOTE: 5-0-0 Motion by John Nixon to adjourn. Second by Paul Kearney. VOTE: 5-0-0. submitted, Marilyn Mooe~sJ~ Clerk ZBA Minutes 10-28-08 WRC