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Home My Public Portal AboutZoning Board of Appeals -- 2014-08-13 Minutes thi:%6W8?.i,�,,,,, TOWN OF BREWSTER i 07 rt o14°o 0,%� Zoning Board of Appeals ▪ O.c''`° V ' -_ 2198 Main Street _ j_ . !IIIs!_ �� = Brewster, Massachusetts 02631-1898 3 V ��fi, iir 1:o1f V. 7, i'1..- Cl)= (508) 896-3701 x1168 O 1j�1:G ''i— ✓ 0.j., Y .y -..„-s-..., FAX (508) 896-8089 /N I/I I I I I II I I!I t 111 111\\\\\Q Date: Approved: Aug. 25, 2014 Vote: 5-0-0 TOWN OF BREWSTER Zoning Board of Appeals Wednesday, August 13, 2014 at 7:30 PM Brewster Town Office Building Attending Committee Members: Philip Jackson (Chairman), Arthur Stewart, Brian Harrison, J. Bruce MacGregor, Paul Kearney and Sarah Kemp (alternate) Guests: Judi Barrett, Sue Leven, Peter Freeman, Mark Smith, David Michniewicz, Brian Madden, Justin Carey, Pat Hughes, Andrew Singer, Jane Remy, James Gallagher, Jillian Douglass, M+ M Gregson, Documents presented and/or referenced; 1. Wetlands Information and Project Summary, Leven and Barrett, 07-29-14 2. letter of response by Peter Freeman, 07-30-14 3. LFC Overview of Environmental Issues, 07-23-14 4. Preliminary Development Financial Assessment, Engler, 07-24-14 5. Reference in the Master Deed to"road" or"roadway"...., undated 6. Bfffer Enhancement Exhibit Plan, File C17816-C3D, EX-1, dated 07-22-13 7. letter from Joanne Ritter, dated 8-13-14 Minutes MOTION by Brian Harrison to accept the Minutes July 30, 2014 as presented. Second by Paul Kearney VOTE: 4-0-2 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 Attorney Peter Freeman gave a brief recap of the past few meetings; July 2 hearing- • Sue Leven and Judi Barrett were asked to summarize wetlands issues (submitted 7-29-14) • Mr. Freeman presented a response of 7-30-14 (alternate analysis) Meeting July 17th with Leven, Barrett, Freeman and Smith • Discussion regarding proceeding with analysis of proforma • Agreed on using Bob Engler/SEB, LLC for financial assessment Preliminary Development Financial Assessment, by Bob Engler was submitter 07-24-14 ZBA Meeting Minutes Brewster Landing 40B Page 1 of 4 08-13-14 2/5/2015 12:22 PM Revised Plan presentation by David Michniewicz(Coastal Engineering) • July 2 presented a"conceptual plan"with changes to scope of project 8. Formalized project presented here; Buffer Enhancement Exhibit Plan, File C17816-C3D, EX-1, dated 07- 22-13 • changes from original; o from 31 units to 28 units o south section loop road moved 10 feet from wetlands o east and west side moved 5 feet o south side; from 6 units to 5 o 21 foot setback from the mini golf o originally 6 unit inside the loop, now 4 units o 2 green space areas consolidated to one o average 49 feet to vegetated wetlands (35 feet to 73 feet range) o 42 % reduction of foundation o 3100 square feet less pavement area o drainage systems 2 and 3 reduced slightly o from 82 bedrooms to 76 QUESTIONS from the BOARD • Asa 9 acre area with the septic in the middle, is this the only layout? YES, limited due to trying to keep 50 to 100 foot separation for wetlands • Does Singulair system require removal of solid waste? light waste gets returned, routine maintenance • Are all components of Singulair underground? YES, small shed (8 x 8) to house power panel, no chemicals • "Deferred maintenance", nature of the beast; obligation of the association/part of the homeowner's docs. BOH will monitor this. • Overall maintenance; suggest it be reviewed annually and report submitted to the town. Collective effects to the wetlands. • Follow everything within the document. LEC Overview of Environmental Issues, 07-23-14 discussed by Brian Madden addressed; • groundwater • structure • wetlands conservancy district • wetlands protection act Preliminary Development Financial Assessment, Engler, 07-24-14 • Modified/28 units is OK • 24 is not acceptable Wetlands Information and Project Summary, Leven and Barrett, 07-29-14 • state vs. town Bylaw difference • Is this the only issue of difference? • Conservation Commission has not made a decision, if waiver is granted it is out of their hands • What is the effect to remove the isolated wetlands? nothing unique or critical • Rain gardens planned, moving away from larger retention ponds; fully vegetated and fenced. Other • request for play space Justin Carey abutter • Just heard that 20 foot setback meets the regulation in this district • conversations with Mark Smith; shield for visibility ZBA Meeting Minutes Brewster Landing 40B Page 2 of 4 08-13-14 2/5/2015 12:22 PM • limit construction times for that area of the project • conditioning things between property owners-the town becomes the enforcement agent Andrew Sinner representing Remy family • letter received today from Andrew Singer • consider impacts to both roads during construction • loop road is 100% owned by the condo/homeowners • capital resources should include road maintenance for the loop, Sachemus and Wampum • Fencing; split rail vs. picket. passage of wildlife, determent of humans into the fragile wetlands Joanne Ritter abutter • read her concerns into the minutes (written copy received 8-18-14) o traffic concerns; seasonal adjustments were not included. o section of route 6A had two large condo complexes o density of project to the wetlands Nina Greapon abutter • Will the head of Conservation Commission come before this committee? • Loop road moved in tighter circle. Have police and fire looked at this? YES • storage not adequate for the density Jane Remy abutter • consider the picket fence vs. split rail • look at the bridge; poor condition • mechanism to maintain the road Philip Jackson chairman of ZBA • email from Fire Chief regarding the number of fire hydrants? YES, he requests 3 WAIVERS • discussed individually • "sense of the board" Rules of ZBA 1. Waiver from submission of proof of a filing of a Project Notification form with MA Historical Commission (MHC) OK 2. Waiver from the submission of proof of filing of a Rare Species Information form with the MA Natural Heritage and Endangered Species Program (NHESP) OK 3. Waiver from the submission of project pro forma COMPLETED Staff Review/Chapter 83 of Code of Town of Brewster 4. Waiver from the applicability of this Chapter COMPLETED STAFF REVIEW Wetland Protection Bylaw-Chapter 172 of Code of Town of Brewster 5. Section 172-2 Applicability OK Code of the Town of Brewster Wetland Regulations(1.01-5.01) 6. 3.01 Inland Banks (Naturally Occurring Banks and Beaches) OK 7. 3.02 Vegetated Wetlands (wet meadows, marshes, swamps and bogs) OK 8. 6.01 Forms OK 9. 7.01 General Regulations for Aesthetic Interests in all resource areas OK 10. 8.01 General Regulations for historic Value Interests in all resource areas OK Zoning-Chapter 179 of Code of Town of Brewster 11. Section 179.6 Wetlands Conservancy District; from this section of the bylaw in its entirety. OK 12. Section 179.10 Applicability of Use regulations; waiver from requirement that no building, structure, or land shall be used for the purposes permitted in the district OK ZBA Meeting Minutes Brewster Landing 40B Page 3 of 4 08-13-14 2/5/2015 12:22 PM 13. Section 179.13B Regulations effective in all districts; requirements that a lot for residential building purposes contain at least 60,000 square feet of contiguous buildable uplands (house lots range from 1,615 to 4,702 sf) OK 14. Section 179.15 Applicability of regulations; waiver from the area and bulk regulations, including minimum lot area, minimum lot frontage, minimum front yard depth, min. side yard width and min. rear year depth OK 15. Section 179.16 Table of Regulations OK Table 1- Use reg. Table 2-Area reg. 16. Chapter 179, Article XII-Site Plan review OK Subdivision Rules and Regulations-Chapter 290 of Code of Town of Brewster 17. Article III- Plan submission and Approval procedures; waive III, Plan Submission and approval submission. (ZBA will/can endorse the plan) OK 18. Article IV-Construction and design standards; • Waive 290.11.B- location of travel way within 25 feet of sub+ property line OK • Waive 290.15B-some trees proposed within the planting strip, roadway, sidewalk to 3 feet(less than 4 feet required) OK • Table 1-Street-Cross-Sectional standards for minor street or road (sect 3, page 6) 1. Right of way width 2. Required travel lane 3. Required shoulder width 4. Required total pavement 5. Required berm • Table 2-street geometric design standards (sect 3, page 6) OK 19. Article V-Required Improvements; • waive 290.27 OK 20. Article VI-Administration • waive 290.35 inspections; NOT requesting waiver from all inspections but to allow flexibility for inspections OK Historic District Commission/Old Kings Highway 21. Waive requirement of Certificate of Appropriateness (sect. 4, page 7) OK Town of Brewster Health Department 22. Water quality report regulation OK 23. Design, Operation and Maintenance of small wastewater Treatment facilities OK FURTHER DISCUSSION • Road Conditions • Address accessories; in condo docs o sheds o additional garages NEXT MEETING; MONDAY,AUGUST 25, 2014 @ 7:00 PM Motion to adjourn by Arthur Stewart at 9:50 PM Second by John Nixon VOTE: 6-0-0 Respectfully submitted, Marilyn Mooers/Administrative Assistant ZBA Meeting Minutes Brewster Landing 40B Page 4 of 4 08-13-14 2/5/2015 12:22 PM