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Home My Public Portal AboutZoning Board of Appeals -- 2014-06-10 Minutes Date approved: 7-2-14 Vote: 5-0-1 TOWN OF BREWSTER ZONING BOARD OF APPEALS ya`. Meeting Minutes 'at June 10, 2014 Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing conducted on June 10, 2014 Members present were; Arthur Stewart, Brian Harrison, Philip Jackson, John Nixon, Paul Kearney, and Leslie Erikson Others present: Attorney Judi Barrett, Susan Leven, Justin Carey, M+M Gregson, Attorney Andrew Singer, James Gallagher, and Jillian Douglass Representing the applicant; Attorney Peter Freeman, Mark Smith, Brian Madden, and David Michnevich. To review past/present hearing: www.brewster-ma.aov/documents and archives/Ch 18 video archives/recent videos/ ZBA 06-10-14 Minutes MOTION made by Arthur Stewart to ACCEPT the Minutes of May 13, 2014 and May 27, 2014, as presented. Second made by John Nixon VOTE: 6-0-0 14-08 James Conrad, 692 Great Fields Road, Map 52 Lot 55 (M 40 L 2-83), in RM zoning district. The applicant is seeking an Appeal of the Zoning Agents decision and/or a Dimensional Variance under MGM. 140 A, sections 8, 10 and 15 and Brewster Bylaw179-37 and 179-52 and section 37 to allow a home occupation within a pre-existing accessory structure greater than 499 square feet. Request for FURTHER CONTINUANCE from May 13, 2014 to JULY 8, 2014 MOTION by Arthur Stewart to accept the request of Mr. Conrad for further CONTINUANCE to July 8, 2014. Second by Paul Kearney VOTE: 6-0-0 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 56.00 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, in accordance with applicable state regulation Members hearing this application; Arthur Stewart, Philip Jackson, Brian Harrison, Paul Kearney and John Nixon. Les Erikson was present as an alternate. Attorney Peter Freeman was present with the applicant, Cape View LLC/Mark Smith, David Michniewicz (Coastal Engineering) and Brian Madden (LEC). Discussion ZBA Minutes 06-10-14 7/3/2014 8:51 AM • After Conservation Peer Review the applicant successfully responded to Conservation questions • Coastal Engineering provided revised report and plans (dated May 19, 2014) • Brian Madden (LEC Environmental Consultants) provided supplemental information (dated June 9, 2014) • A letter (date June 2, 2014) from Jeffrey Dirk ( Vanesse + Associates /traffic consultant for the applicant) in response to Police Chief Koch's concerns regarding his traffic concerns was brought forward. Mr. Freeman was under the opinion this has been resolved. The Board felt this will be addressed at a later date. • Louis Berger Water Services Inc. (Brewster Conservation Commission Peer consultant) was not present at tonight's meeting. • Request that the Berger Group be present at the next meeting (James Gallagher will handle this request) Review of Revised Stormwater Management Report/Plans and Conservation Commission questions (David Michniewicz) David Michniewicz presented the following; • Changes were made after the original Berger report • Report went through at great length in February/March • Requests; o Additional soil testing o March 6, 2014 deep hole tests • As a result; o eliminated a drainage system, split the system at the entrance and completely redesigned the drainage system, site grading and raised foundations. o Some buildings were pulled forward to increase wetlands separation o Some foundations changed to crawl spaces (buildings 3-13) others remain full. o Drainage system redesigned; to help with water balance/designed "rain gardens" in 4 corners for roof runoff Berger reviewed and agreed in compliance with MA stormwater handbook Questions • If raised foundations does that raise interior grade on site? Table of foundations and elevations are provided Brian Madden (LEC Environmental Consultants) • Conservation Commissions concern with wildlife habitat, response in letter dated 6-9-14. This report has NOT been reviewed by Conservation • Silt fence to contain activities • Installation of fence to prevent future encroachments/not depicted on any plan as of yet £ • Believe they have done what is necessary in response. Wetlands Protection Bylaw o Application submitted request for waiver o Within the 50 foot buffer o Nothing specific/no adverse impact o Waiver specific for plans as shown o Foundation setbacks to the wetlands; 35.1 to 67.1/ average 46.7 o Reduction of impervious area in 23% o Isolated wetlands meet state not local o Work activity within resourse area and buffer zone o Rain gardens function as wetlands o Wetlands Conservancy District is very de minimis ZBA Minutes 06-10-14 7/3/2014 8:51 AM o Originally unit 13 in mapped conservancy district, now with rotation of unit 15; 174 sf. of foundation is within district o "Relief required to preserve and protect"/meets requirements Questions • County maps are not specific/use of test holes are the only way to determine conservancy soils • Additional holes were done/perched groundwater was significantly lower • Consodine Ditch drains the area • Largely outside conservancy soil area • Are the maps done with specific test holes? Continued discussion • If start losing units to comply with issues when does it become uneconomic? • Perhaps an Alternatives Analysis with Wetlands Protection Bylaw; where or how much is reasonable? • Design alternatives? • Question is what is reasonable? • Already addressed; design changes, added rain gardens, moved buildings • Septic system has been designed/enhanced system (specific type not chosen yet) • Meet all BOH, and state requirements/will exceed what is required • Leaching in northern green space, southern green space is reserve area • Not in a Nitrogen sensitive area • Design: 99% designed, grading is absolute, all below ground, must have a maintenance contract • Condition; final plans submitted to Zoning Agent and ZBA for compliance with permit and other detailed regulations • Chemicals added to effect enhancement; none to assist with Nitrogen • Licensed wastewater maintenance agreement - checked frequently Traffic Study • Possible further discussion to answer Chief Koch's questions Other Questions • 6 buildings in the middle - driveway parking too short/spaces allocated to the sides • Each building has 2 parking spaces; 1 in garage and one at the end • Exceeds requirement of By-law • Must be considerate of other businesses in the area regarding traffic Open to Public Input (continued) )udy Barrett - troubled about waiver of Wetlands; perhaps request Alternatives Analysis by applicant? Would like to know if this is the only plan. Should hear from Berger group. Attorney Freeman feels this is not needed. Mark Smith indicated cost of alternatives analysis is expensive. Sue Leven- stated this (Alternative analysis) may be part of the Berger group charge? What is a "RAIN GARDEN"? • Roof runoff collected into collection pipe, network of storage and distribution. Slow the runoff rate ,Justin Casey(abutter - owner of miniature golf course)- • Does the redesign change the setback on my property line? Building 12 and 13 • Mr. Casey showed pictures of the runoff into his property now. • Mr. Michniewicz explained the concept of a rain garden behind #12? With a berm constructed to stop runoff toward property line • clay layer doesn't permeate through, should prevent what you see now • Mr. Casey had the following concerns; • Drainage • Safety and security ZBA Minutes 06-10-14 7/3/2014 8:51 AM • Impact of the closeness to the property line (how it will actually look) • Overlook from units close to line for both lights and noise at night • Effect of business itself • Mr. Freeman and Mr. Smith noted the Landscape Plan has trees (natural screening) between the building and the lot line (cedars). They will look at additional "screening" Attorney Andrew Singer (representing abutter Jane Remy)- • Concerns can be addressed through documents • Ms. Remy owns property to the North and East • Split rail fence not adequate/maybe a picket fence better suited to keep people away from the wetlands • Wampum Trail and Sachemus Trail; conditions and controls of the road need to be upgraded, reconstructed and maintained. Hope this does not impact the businesses in the area. • Request for the Homeowners document; • Parking • Security Lighting • Where will homeowner store their"materials"? • Is a play area provided? • Common trash removal? • Written Plan for road and drainage • No limit in and out; NO right turn only • Vista pruning in town layout, DO NOT AGREE to allow use of Ms. Remy's property but willing to meet with owners • No "scenic trees" pruned • An alternate analysis discussion; original meeting with Selectmen was for less units • Unit #3 is closer to easement area, how close? • Bridge access (20' way) is that going to be sufficient? • ZBA sits for BOH and Conservation Commission Mr. Benjamin Gregson (abutter) • Consider the impact if right turn only on Sachemus Trail; my driveway is the next place to turnaround • Look at the scope of development CONTINUED HEARING DISCUSSION • Invite Berger Group- Jim Gallagher will do this • WEDNESDAY, JUNE 2, 2014 was mutually acceptable MOTION by Arthur Stewart to CONTINUE application 13-22 as an Open Hearing to WEDNESDAY, JULY 2, 2014 at 7:00 PM Second by John Nixon VOTE: 5-0-0 MOTION by Arthur Stewart to adjourn at 9:25 pm Second by John Nixon VOTE: 6-0-0 Respectfully submitted, 1 , ( . IA Marilyn Mooers, Reco ing Sec Lary r ZBA Minutes 06-10-14 7/3/2014 8:51 AM