HomeMy Public PortalAboutZoning Board of Appeals -- 2013-12-17 Minutes REo _R TOW
Date approved: January 28, 2014
Vote: 7-0-0
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TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
December 17, 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, Paul Kearney and Leslie
Erikson.
Other guests; Attorney Peter Freeman, Mark Smith (Cape View LLC), Dave Michniewicz (Coastal
Engineering), Susan Leven (Brewster Town Planner), Jane Remy, Steven Jones, and Jillian Douglass
(Brewster Assistant Town Administrator)
To review past/present hearing: www.town.brewster.ma.us/documents and archives/Ch 18 video
archives/recent videos/ ZBA 11-26-13 and ZBA 12-17-13
13-22 Cape View Development LLC/Brewster Landing, represented by Attorney Peter L. Freeman,
Wampum Trail and Sachemus Trail, Map 78 Lot 137 (previous M 15 L 125-2) in the CH, VB and RM
zoning districts. The applicant seeks a Comprehensive Permit (40B) under MGL 40B, section 20-23 and 760
CMR 30.0 0 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 area median
Income, to accordance with applicable state regulation and guidelines.
Members hearing this case are Philip Jackson, Arthur Stewart, Paul Kearney, John Nixon and Brian
Harrison,
Chairman Jackson noted this was a CONTINUED open hearing still open to public input
Arthur Stewart asked the Chair and Town Planner the status of Peer Review Consultants
• Conservation Commission sent our requests. Asked to be returned January 7, 2014
(for Drainage and Wetlands review)
• Town Planner sent out requests from Traffic Study review. CDM was selected and has started work.
Financed through a applicant deposit to 53G account with the town. Comments expected within 2
weeks
• Town Planner Sue Leven will check with MHP as to status of Brewster financial request application
for total/final review
Discussion
As regarding to letter dated December 12, 2013 from Mr. Freeman;
o CONSERVATION- Peer Review requested- awaiting review
o TRAFFIC- Peer Review requested- awaiting review
o ASSISTANT TOWN ADMINISTRATOR LETTER- concerns to be addressed through the above
Peer Review
o BOARD OF HEALTH- met with Dave Michniewicz / concerns have been met
o PROFORMA- attached
o BUILDING COMMISSIONER-formally changed waiver request regarding fence height and bulk
o FIRE DEPARTMENT-agree to their width requests, will re-draw plans. Will NOT sprinkle the
buildings
ZBA Minutes 12-17-13
Brewster Landing/Cape View LLC 40B
1/30/2014 9:39 AM
o POLICE- refer to Traffic study
o PLANNING BOARD- 2 Board members made comments
o HISTORIC- not required but HDC appreciated the courtesy of review
o ABUTTERS COMMENTS-letters in the record as well as spoken at Open Meeting (refer to
video recording: www,town,brewster.ma.us/documents and archives/Ch 18 video
archives/recent videos/ ZBA 11-26-13
o CAPE COD COMMISSION-
' o MEMO/ELIZABETH TAYLOR-noted comments
Questions
• Discussion regarding Cape Cod Commission report
o Replication of wetlands (technical matter)
o Possible reduction in size of project?
o Site plan for 8 soil testing holes? Found on plan C2.3.1
Public input
David Michniewicz(Coastal Engineering)
1. Conservancy District- waiver requested
• Small portion of Lot 13 conservancy soil (100 s.f.)
• Test holes agree with that on plan
• Looked at wetlands boundaries
2. Board of Health
• Two waivers regarding operations
• Mirrors regulations by MA DEP
• BOH agrees this is not applicable
3. Septic not selected or designed at this point
• Bioclear may not be selected here, nore alternatives available
• Evaluate options
• It will be a DEP approved technology
• Results are comparable
• A company will be selected to operate and maintain the system (Coastal habeen doing
this for years)
4. Wetlands Replication
• On site visit
• Prefer more robust plantings
Peter Freeman
• Performa questions
o Wastewater and storm water treatment will be included in the Homeowners documents.
o Plowing and road maintenance also in Homeowners
o Order of Conditions through the Conservation Commission
Steven Jones
• If NOT a condominium, how will fees be enforced? Build in some mechanism to enforce payment
• Homeowners and Condominium documents are different? YES but wording can address issues in
either. Put in as many `teeth" as possible/give same rights. Lein or judgment (execution) upon unit
sale.
Town Counsel will review Homeowners/Condominium documents
MOTION by Arthur Stewart to CONTINUE this application to January 28, 2014 at 7:00PM
Second by Brian Harrison
VOTE 5-0-0
MOTION to adjourn and remain Open to Public Input by Arthur Stewart at 7:45 pm
ZBA Minutes 12-17-13
Brewster Landing/Cape View LLC 40B
1/30/2014 9:39 AM
Second by Brian Harrison
VOTE: 6-0-0
Respectfully submitted,
Marilyn ooers, Recording Secretary
ZBA Minutes 12-17-13
Brewster Landing/Cape View LLC 40B
1/30/2014 9:39 AM