The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2014-07-02 Minutes Date approved: 7-30-14 Vote: 4-0-0 1 'r i,Pr'■ TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes July 2, 2014 Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing conducted on July 2, 2014 Members present were; Arthur Stewart, Brian Harrison, Philip Jackson, John Nixon, and Paul Kearney. Sarah Kemp (alternate). Others present: Judi Barrett, Susan Leven, Justin Carey, M+M Gregson, Attorney Andrew Singer, Jane Remy, James Gallagher, and Jillian Douglass Representing the applicant; Brian Madden, Mark Smith, and David Michniewicz. To review past/present hearing: www.brewster-ma.aov/documents and archives/Ch 18 video archives/recent videos/ ZBA 07-02-14 Minutes MOTION made by Arthur Stewart to ACCEPT the Minutes of June 10, 2014 as presented. Second made by John Nixon VOTE: 5-0-1 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. Sarah Kemp was present as an alternate. Attorney Peter Freeman was not present, Brian Madden (LEC) represented the applicant; Cape View LLC/Mark Smith, and David Michniewicz (Coastal Engineering), Chris Feeney and Jason Rigler represented Louis Berger Group. Discussion with Berger Group representatives • Review the original notice of intent to Board of Selectmen • Letter of January 24, 2014 1. Stormwater plan and subsequent meetings with the applicant concluded with a series of revisions (May 18, 2014), and a work session with Conservation Commission 2. Wetlands Application; looked at 10 additional test sites. a) Wetlands Conservancy District; no further modification necessary. b) Wetland Protection Bylaw relates to waiver request (2 memorandums; 6-9-14 Habitat Assessment and 6-18-14 Interest and Values). ZBA Minutes 07-02-14 7/31/2014 9:03 AM 3. Compliance to Performance Standards; applicant complies with MA Wetlands Bylaw but does not comply with the Brewster Bylaw (50 foot restriction). Questions from Board • Does the Group feel satisfied? NO, but this is the least damaging alternative that the applicant can propose. Buffer zone is a core issue. The value of the buffer zone is clearly laid out. • Judi Barrett asked to see an alternative analysis; tighten up slopes, retaining walls, maintaining existing vegetation, density reduction is not the only issue • Rain gardens for stormwater management not replicating wetlands. • Clarification; MA Wetlands Bylaw and Brewster Wetlands Bylaw both have 100 foot buffer. Brewster is more restrictive with a 50 foot buffer no build area. • Board would like to see a comparison in writing (Judi and Sue will provide this) • Judi Barrett asked the applicant to provide an alternative analysis (ask consultant what should be considered (specifications) • No questions from the public to Berger Group Further Discussion • Proforma is an alternative analysis from an economic perspective • Alternatives to the project; scope, brief clear description, objections, environmental impacts, mitigation, and approximate cost and timing of the project. • Most issues have been addressed Questions • Does $250,000 represent actual cost or potential redesign? Actual cost • As an alternative analysis; site for 28 units, nowhere else to go • Stormwater plan is tight • Dave McNevich showed a conceptual plan of 28 units (no plan# or date), moving away from the wetlands slightly..Loop road moves in 10 feet and units move 10' to North East and West side move 5 feet Separation increase from mini golf course; 5 units on the outside shift (remove 1 duplex) More room behind unit 13 (patio behind the unit not the side) Only 4 units in the center Drainage system #3 reduced but in same general location Eliminated some guest parking in the middle • Septic option has been made; "singulair system" MA DEP approved Shallow, self absorbed system All specs and maintenance documents will be available • Has Conservation seen this plan? NO, not submitted yet, just conceptual • This plan has substantial changes; number of bedrooms, number of units/ cannot move around much more • Original Plan of 28 units was not viable after the wetlands were delineated. • Housing Partnership has not seen this plan Dwight Ritter(Foster Road) • This doesn't fit in • All about money and profits/ not about the environment • Concerned about the traffic • Encourage you to look beyond the facts • Citizens of Brewster maintain a certain lifestyle Board Member response • "doesn't fit" is not our choice • 40B application is a state process • traffic analysis has been done and reviewed • Conditions imposed different standards ZBA Minutes 07-02-14 7/31/2014 9:03 AM • Applicant pays for the various independent reviews requested • Board agrees to have proforma reviewed/ must get 3 quotes (Sue Leven and Judi Barrett) • Condo/Homeowners documents; ZBA would like to see a draft as well as maintenance requirements for the septic James Ga/lagher(Brewster Conservation Administrator). • Hearing scheduled July 15th • Concerns about Wetlands Protection Act; Brewster more restrictive than state • If waiver is accepted or not there is still work to be done Diane Pansire (Brewster Housing Partnership) • Really important for limited income • 30% of gross median income • State criteria • Exterior will all be the same/no distinguishable differences • Energy systems the same Andrew Singer(representing Jane Remy; abutter) • Would like to see the Homeowners documents cover ongoing road maintenance Nina Gregson (abutter) • wetlands; overall size way too large for such a sensitive area • elimination of of 3 units still too close to wetlands • traffic; left from Sachemus is awful • Please take concerns to heart Further Discussion • Accounting should be under ONE account (53G) not separated out, Sue Leven will speak to Lisa Souve about transferring both ACTION ITEMS Barrett/Leven Comparison of MA Wetlands Bylaw and Brewster Wetlands Bylaw Applicant Alternative Analysis Barrett/Leven 3 quotes for proforma review Sue Leven Combining review account to one 53G account MOTION by Arthur Stewart to CONTINUE application 13-22 as an Open Hearing to WEDNESDAY, JULY 30, 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, t arilyn Mooers, Recording Secretary ZBA Minutes 07-02-14 7/31/2014 9:03 AM