HomeMy Public PortalAboutZoning Board of Appeals -- 2013-12-10 Minutes Date approved: January 14, 2014
Vote: 8-+0-0
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TOWN OF BREWSTER
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ZONING BOARD OF APPEALS
'14 aAN16 9:55ri
Meeting Minutes
December 10, 2013
Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing
conducted on December 10, 2013.
Member$ present were; Arthur Stewart, Brian Harrison, John Nixon, Phil Jackson, Patricia Eggers, Sarah
Kemp and Paul Kearney
Members missing: Bruce MacGregor and Leslie Erikson
Other guests; Susan Leven (Town Planner), Attorney Peter Freeman, Mark Zippo and John O'Reilly
13-24 White Rock Partners LLC (represented by Peter L. Freeman), 157 &0 South Orleans Road,
Map 142 Lots 102-105 and Map 130 Lots 28-34 (previous M 52 L 31-1 and 33-1) in the RR zoning
district. ',The applicant seeks certain modifications of Comprehensive Permit 07-08, including:
1. Change the location of the affordable units from lots 3, 6, and 11 to lots 2, 6, and 12,
2. Ircrease number of house styles from 3 to 4,
3. Allow option of skylights at the discretion of the applicant,
4. Change the monitoring agency of affordability and eligibility requirements from Housing Assistance
Corporation to Barnstable Housing Authority,
5. Change to the paved width of White Rock Road to 18 feet with 1 foot berm an each side,
6. Change to the length of fence between property and Brewster Housing Authority property,
7. Change in height of the fence to up to 8 feet at the discretion of the applicant,
8. Change the finished grade of house at Lot 12 from 78 to 84-feet,
9. Variations to the square footage of the footprints and of the finished homes,
10. TO allow decks to vary in size
11. To substitute decorative pavers for decks at the discretion of the applicant
12. To allow driveways to be asphalt, crushed shells, stone, or crushed stone,
13. To allow the applicant to add landscaping beyond the minimum required,
14. To allow fences on property line no higher than six feet.
Members hearing this case are Philip Jackson, Arthur Stewart, Paul Kearney, John Nixon and Patricia
Eggers
Attorney Freeman gave a brief overview and introduction of key aspects of this application.
• Tg make the project more marketable
• F illow trending on the cape
• Larger demand for ranch style homes
• Csanges requested
from original Decision)
• Condition 1
o Capes A and C changes2 capes previously approved; now ranch and 2 capes
o Affordable - standard cape, Lot 6 ranch
o Differences; exterior all the same, interior flexible, home style up to the buyer
ZBA Minutes 12-10-13
1/16/2014 9:19 AM
• Condition 7
o HAC no longer does monitoring/only the lottery
o Move to Barnstable Housing Authority/approved by MHP
o DHDC guidelines in 2013
• COndition 23
o Narrow to 18 feet with 1 foot berms
o Has been redesigned to meet Fire Department request
o 20 foot travel way
o Utilities off the right of way
o Provision for overnight parking??? Not allowed on the street
o Guests park on individual property
o Sprinklers not required
• COndition 24
o Rear Fence-original not on lot line
o Replace fence and put on the lot line-full length
o No homes behind the left end
o Minimize challenges with BHA and neighbors
o Building Inspector/Zoning Agent stated 8 foot fence is a structure and needs a waiver to
allow
o Terrain is undulating thus for top to be same level, height may vary
o Fence to be built prior to homes
o Along rear property line to Lot 5
• E
o Approximate grade of S. Orleans Road
o Switch 11 and 12
o Bring to same level of road
o Developer will accept the cost
• F'
o Flexibility appreciated
o Could be 10% difference/not married to 20%
o Sf ranch 1500, sf cape 1500-1800
o Ranches are maxed out
o Driven by the purchaser
• G
o Pavers vs deck; gives the buyer flexibility
o Fit within the Variance/within setbacks
o Possibility; up to 30% larger deck/no violation of any setbacks
• H
o Originally asphalt; choices more flexible/basically the same price
o Why asphalt? No net change in nitrogen loading
• I
o Gives the community flexibility
o Minimization of lawn/mulch islands
o Apply to all
o Important to make community look attractive
Other
• Cons Corn letter; no problem with additional lands
o Recommend native species
• BOH
o No fertilizer on lawns in original permit
Open to Public Input
• Spsan Leven (Town Planner
1. Road width/rather keep at 20 feet
2. Set maximum size for deck; good idea
ZBA Minutes 12-10-13
1/16/2014 9:19 AM
3. Fences- side lots and front/restrict the distance to street
Front fences-something you can see through
same as town regulation
4 If waiver for fence height note setback or on lot line
Nothing in building code
8 feet would require request for waiver
5. Maximum of 8 feet at lowest grade
6j Center of cul-de-sac; plantings and/or mulch NO TREES
• Fred Cheney (87 White Rock Road)
o Deeded right of way
o Cul-de-sac impedes access
• Access issue is considered a private title matter/not to effect these proceedings
o Problem for trucks; horse farm and trailers
o Tree clearing-impeded access
o Will the road be done first? With a hard surface?
• ,7Qhn O'Reilly (Site Engineer)
o Need a wider turnaround
o Original approval for 40 foot diameter island; 52 feet outer and 30 foot inner
o Landscape island (NO TREES)
• Jean Lyden-Frost (111 South Orleans Road)
o Where will owners park extra cars?
o Concern they will park on power line right of way
o Not legal to park/police should be notified
o Each home has a garage and at least a one car driveway
o Will the road be in by 2015? Houses in 2-3 years/driven by the market
o Hay bales? YES
• frank Lyden-Frost (111 South Orleans Road)
o Concern regarding common septic system; mechanisms in place for maintenance? YES
o Bonds for repair etc.
o Operations and testing of system
We will NOT CLOSE TO public input to CONTINUE this hearing
Further Information
• Draft decision to be written by Attorney Freeman, reviewed by Sue Leven and sent to all members
• Discussion at next meeting
• Review;
o 1. Approved change
o 2. Approved change
o 3. Approved change
o 4. Approved change
o 5. 20 foot width with 1 foot berm each side
Need accurate sketch
John O'Reilly will submit in January
Fire Department to sign off
Look at apron again
Look at cul-de-sac again
o 6. Approved change
o 7. To be re-written; indicate "rear lot line" or "North boundary line"
o 8. Approved change
o 9. Maximum of 10%
o 10. Maximum of 30
o 11. Approved change
ZBA Minutes 12-10-13
1/16/2014 9:19 AM
o 12. Approved change
o 13. Approved change; native species
o 14. Approved change; side line fences"
MOTION by Arthur Stewart to CONTINUE hearing until January 14, 2014 at 7 PM
We will continue input as a Public Hearing
Second by Patricia Eggers
VOTE: 5-0-0
MOTION by John Nixon to adjourn at 8:45 PM
Second by Patricia Eggers
VOTE: 7-0-0
Respectfully submitted,
A Al A14.1 Ii1_ 1 AO'
Marilyn Mooers, 'ff ording Secretary
ZBA Minutes 12-10-13
1/16/2014 9:19 AM