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Date: Approved: November 18, 2014
Vote: 5-0-2
TOWN OF BREWSTER
Zoning Board of Appeals
Monday, August 25, 2014 at 7:00 PM
Brewster Town Office Building
Comprehensive Permit
Attending Committee Members:
Philip Jackson (Chairman), Arthur Stewart, Brian Harrison, Paul Kearney and John Nixon
Guests: Judi Barrett, Sue Leven, Peter Freeman, Mark Smith, David Michniewicz, Brian Madden, Pat Hughes, Jane
Remy, James Gallagher, Jillian Douglass, M+ M Gregson,
Documents presented and/or referenced;
1. DRAFT Decision dated 8-24-14
To review past/present hearing: www.brewster-ma.pov/documents and archives/Ch 18 video archives/recent videos/
ZBA 08-25-14
Minutes
MOTION by Brian Harrison to accept the Minutes August 13, 2014 as presented.
Second by John Nixon
VOTE: 5-0-0
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 28
two and three bedroom units including 7 affordable units on a 9.43 acre site The seven affordable units will be for
households earning up to 80%of the area median income, in accordance with applicable state regulation
Attorney Judi Barrett had sent draft decision on 8-24-14
• further edits by Attorney Freeman
• working from version 3
Mr. Gregson
• presented copy of decision with tabs and highlighted change requests
Jane Remy
• Presented several points of discussion regarding issues of the road, parking, fencing and general project
BOARD DISCUSSION/corrections and changes
I. Background;#14- Board received petition signed by concerned citizens
II. Governing Law
ZBA Meeting Minutes
Brewster Landing 40B Page 1 of 2
08-25-14
11/24/2014 9:49 AM
III. Findings
IV. Decision
V. Conditions;
A5- reasonable, outside 100' buffer, can play area be placed over leeching facility? not an issue according
to Board of Health
A6-final count of parking spaces leave 10 guest parking
B3. Local preference-to the extent permitted by law. 70% of the affordable units/local preference. Question
regarding rentals; suggest any rental at least 6 (six) months or more.
VI. Waivers;
C8-governed by Title V; potential owners requirement
C9-memo from Old Kings Highway; OK with this project
D- FINAL landscaping plans to be submitted for Board review
El d- picket fence vs. split rail fence/one type of fence for whole project
suggest signs by placed to keep people out of the wetlands (please protect our wetlands area)
E2b- proof of road construction by the Town of Brewster/inspections at each phase
F6-Construction hours; Saturdays allowed by request
OTHER
• CH = commercial high density
• Sheds/prohibited (only allowed if by the Condo Board/patio blocks prohibited)
• DRAFT DECISION with additions and deletions will be prepared by Attorney Barrett and sent to Attorney
Freeman, Sue Leven (Town Planner) and Philip Jackson (ZBA Chair)for review before filing with Town
Clerk
MOTION by Arthur Stewart to Close of Public Input.
Second by Brian Harrison.
VOTE: 5-0-0
MOTION by Arthur Stewart to APPROVE a COMPREHENSIVE PERMIT 40B with conditions, as presented by
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
Second by Brian Harrison
VOTE: 5-0-0
MOTION by Brian Harrison to adjourn at 10:10PM
Second by John Nixon
VOTE: 5-0-0
Respectfully submitted,
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Marilyn Moo!s'Administrative Assistant
ZBA Meeting Minutes
Brewster Landing 40B Page 2 of 2
08-25-14
11/24/2014 9:49 AM