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Home My Public Portal AboutZoning Board of Appeals -- 2013-11-26 Minutes } Date approved: January 28, 2014 \Ji/rlJ Vote: 7-0-0 =4 3.'420 ' ° iM TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes November 26, 2013 Brewster Landing/Cape View LLC 40B Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing conducted on November 26, 2013. Members present were; Arthur Stewart, Brian Harrison, John Nixon, Phil Jackson, Patricia Eggers, Sarah Kemp and Paul Kearney Other guests; Attorney Peter Freeman, Mark Smith (Cape View LLC), Jeremy Lake (Architect), Dave McNevich (Coastal Engineering), Brian Madden (LEC environmental Consultants), Ben LaFrance, Jeffery Durkin 13-22 Cope View Development LLC/Brewster Landing, represented by Attorney Peter L. Freeman, Wampum Trail and Sachems Trail, Map 78 Lot 137 (previous M 15 L 125-2) in the CH, MB and RM zoning districts. The applicant seeks a Comprehensive Permit (40B) under MGL 40B, section 20-23 and 760 CMR 30.Q0 and 31.00 to construct a total of 31 two and three bedroom units including 8 affordable units on a 9.43 acre site. The eight affordable units will be for households earning up to 80% of the arlea median income, In accordance with applicable state regulation and guidelines. Members hearing this case are Philip Jackson, Arthur Stewart, Paul Kearney, John Nixon and Brian Harrison. Attorney Freeman gave a brief overview and introduction of key aspects of this application. • This is LIP application as a friendly 40B • Informal meetings with Sue Leven (Town Planner) and Departments through Department Review process • Met with Housing committee • Submitted to DHCD • Recommended by HDC (waiver of jurisdiction) • Location off Underpass Road • Most in CH district/ some VB + RM • Proposed 31 units, 2-3 bedroom units/8 affordable • Legal requirements; a limited dividend entity organization and control of land • Funding by regulated authority • 40B waivers requested as listed (some can be discussed as per Victor Staley (Building) letter • Small lots, some "0" lot line units • Shared septic system Jeremy Lake (Union Studio Architects) • Compact communities • 9.5 acres • Existing easements with bridge • Ringed by wetlands • About 1/3 actual project site • Most homes outside of loop/facing in • 31 units; 8 carriage house, majority" cottage" style, 3 duplex, others detached • About 1230 sf • Full unfinished basements ZBA Minutes 11-26-13 Brewster Landing/Cape View LLC 40B 1/30/2014 9:21 AM • Duplex; shared "service wall" (garage and laundry) Dave McNevich (Coastal Engineering) • Plan shows individual lots • Access off Sachemus and Wampum Trails • Utilities access through one location; town water, gas, electrical and cable • Brought in under the ditch to protect • Sewer collection system; not required to do a sewage treatment but will have an innovative system • Storm water drainage; 4 systems, more than 100' from wetlands • Roof run-off collected off each building • Site graded to maintain natural grade Brian Madden (LEC Environmental Consultants) • Involved with Conservation Commission • Reestablished wetlands boundaries • Consodine Ditch in the northern portion of the site, maintained by mosquito control • Isolated vegetative wetlands area located in lower left corner • Signs of previous excavation • Invasive species • Dense vegetation around the perimeter • To be controlled during construction • 2 to 1 replication are within southern portion of the site • Buffer zone enhancement plan/patios to side not back/minimize footprint • Continuance with Conservation to date-filed a notice of intent • Eco lawns, no irrigation, native shrubs and trees, and prevent future "creep" Ben LaFrance (Hopp Landscaping Design) • Goals; hardy plant materials, predominant native plants on secondary list • Low maintenance • Excellent growth and color • Shade trees (red maple and oak) around loop driveway • Outside loop permanent delineation • Interior of community; shrub borders • Foundation plantings; mixed native and secondary, some ornamental Jeffrey Durkin (Traffic Engineer) • In accordance with town specifics for zoning requirements • Worked with Cape Cod Commission • 6A and Sachemus Trail and Underpass and Wampum Trail • Increase 25 trips or more is significant change • Existing; summer was measures. Peak on weekday and commuter hours • 16000 vehicles for 24 hours/ 12000 non summer • Underpass 6000/4000 per day • Road speed over 2 days; Underpass 30 mph/6A 40 mph • Looked at site lines and crash history • Existing traffic patterns/DOT figures/interacts with roadways; delays and backupds • Recommendations; o roadway width 20' o more drainage o Wampum site lines; trim looking south, looking north is adequate o Sachemus site line and 6A- to right-vegetation to be trimmed Sachemus Other info/Team Presentation • 8 affordable units/prices set at 70% • Universal deed rider ZBA Minutes 11-26-13 Brewster Landing/Cape View LLC 40B 1/30/2014 9:21 AM Questions from the Board • "Enhanced Title V"? specific guidelines. Septic tanks and subsurface system, reduce strength of waster water/nitrogen levels. Specific system not decided yet (many new technologies) • Data for measurable amounts? Title V- 35 mm per liter/ innovative 19 mm per liter (all DEP accepted) • Groundwater toward Cape Cod Bay • Bio-clear is one technology • What would trigger from individual ownership to condo? 310 CMR, section 15. If cluster Bylaw • Will condo effect affordability? Homeowners Association or condo fees would be calculated in the price. • Is this plan the same as the Selectmen saw? Pretty much the same • What is the "history" of the bridge? 24 feet wide, 4 foot high concrete side, plan to use as is. • Designed to state standards? YES designed to code and vehicle load • "Low volume road" can narrow to 14 feet? On a straight of way section • Pretty dense for profitability? YES • Is the land owned with the house? YES • Title V system maintained/ program? DEP requires this, a licensed contractor to maintain and service the system • On site permanently? NO, on call and regular scheduled check • Homeowners Association legal responsibility? Written within the documents • Possibility of a "round a bout" at Main (6A) and Underpass? 6A is a state road. Traffic signal, reduction of travel speed and sufficient site lines are all to be discussed • How to identify the 8 affordable? Randomly disbursed/all the same on exterior • Traffic peak? Summer 10-3PM Susan Len (Town Planner/Brewster) • Cape Cod Commission to review traffic study/2 access points • Storm drains are "adequate". How confident that the proposed can handle future flooding? Extensive testing over the years. Very suitable for drainage • Traffic study- west on 6A from Orleans as far as Sachemus, is that cue addressed? Is it operating to capacity? • Enhanced Title V? Is there a measurement how it handles micro particles? "emerging contaminants"/no measuring, no standards set-can not be designed for. • Discuss Conservation issues with Cape Cod Commission; mitigation of adgecent wetlands, drainage design for project, pre-existing design for 25 year storm. NOTE: CHECK FOR DRAINAGE PLANS- not received in packet??? Open to Public Input Andrew Singer-representing Jane Remy (abutter) • Submitted a letter to ZBA for the record/ concerns; o Ms Remy has a permitted easement through the property o Road condition/owner of the property will be the owner of the road. It gets a lot of use now and will get much more when built out. o Drainage/ downstream. Impacts upstream properties? o Vegetative clearing along 6A. o Ultimately the maintenance of the road/ adequate reserve for improvements into the future Jane Remy- Abutter • Considine Ditch- backs up as far as Thad Ellis Road • Mosquito control • Traffic • maintenance of the road in the future Ben Gregson-Abutter • concerns regarding the Considine Ditch ZBA Minutes 11-26-13 Brewster Landing/Cape View LLC 40B 1/30/2014 9:21 AM • "viewscape" from my backyard; lighting from the community • sound issues James Gall-gher- Brewster Conservation Administrator • Conservation Commission began reviewing this in February of 2013 • Settled resource areas, bordering vegetated wetlands (on a creek/stream), isolated vegetated wetlands (NW center of the property) • Discussed septic and road components • Replicated wetlands- keep undisturbed • Buffer zone- resource areas themselves • If waived; performance standards could be met, but lose the opportunity to regulate. o Conservation Commission will comment further • Further discussion points; o Limit"creep"- prevent yards from growing • Considine Ditch- upstream and downstream effect. Will look at this through a peer review consultant • Wetlands Conservancy District- known soils; silts and clay. If waived will need further review. If not waived, will need an outside consultant to confirm boundaries. • Cons Corn has CONTINUED this hearing for further review and will submit concerns to ZBA NOTE: Peer Review - for Conservation Commission, Traffic and Storm water and general overall review/Sue Leven to proceed with this Further Discussion • Access over the bridge • Pedestrian or bicycle sharing Future Meetings; • Dates available; December 17, 2013 or January 28, 2014 MOTION by Arthur Stewart to CONTINUE this application to December 17, 2013 at 7:00PM Second by Patricia Eggers VOTE 7-0-0 MOTION to adjourn by Arthur Stewart at 9:35 pm Second by Patricia Eggers VOTE: 7-0-0 Respectfully submitted, Al Al / Maril W' ooers, •ecording Secretary ZBA Minutes 11-26-13 Brewster Landing/Cape View LLC 40B 1/30/2014 9:21 AM