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