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HomeMy Public PortalAboutZoning Board of Appeals -- 2016-01-05 Minutes 00111"illoy ck w 7. TOWN OF BREWSTER 00.01.V6V):44,01, Zoning Board of Appeals 0.44i oit• 2198 Main Street 4n, Brewster, Massachusetts 02631-1898 iu ;trio r) (508) 896-3701 x1168 0 r FAX (508) 896-8089 * 4-- — ,coRpovi0 ea 19, AbC' #01/1/i1111111110 Date: Approved: 02-02-16 Vote: 5-0-0 TOWN OF BREWSTER BREWSTER TOWN CLERK Zoning Board of Appeals Tuesday,January 5, 2016 at 7:00 PM Brewster Town Office Building '16 FEB 4 9:43N1 COMPREHENSIVE PERMIT Attending Committee Members: Philip Jackson (Chairman), Bruce MacGregor, Les Erikson, Sarah Kemp and John Nixon . Guests present: Susan Leven (Town Planner) and Attorney Paul Haverty (ZBA consultant) To review past/present hearing: wwvv.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 01-05-16 Minutes MOTION by John Nixon to accept the Minutes of December 8,2015 as distributed. Second by Bruce MacGregor. VOTE 5-0-0 15-31 Tubman Road Community Housing (Habitat for Humanity), Represented by Attorney Warren H. Brodie, 620 Tubman Road, Map 65 Lot 74, in the RM zoning district. The applicant seeks a Comprehensive Permit (40B) under MGL 40B, section 20-23 and 760 CRM 56 to construct 14 affordable (ownership in perpetuity) homes on 13.92 +/- acres of land. All units will be for households earning up to 65% of the area median income, in accordance with applicable state regulation and guidelines. Members originally hearing this application; Bruce MacGregor, Brian Harrison, John Nixon, Paul Kearney and Philip Jackson.. Due to missing members the following replacements; Sarah Kemp for Brian Harrison and Les Erikson for Paul Kearney. The following were part of the Habitat team; Attorney Warren Brodie, Leedara Zola, Keith Hernandez, and John O'Reilly, Chairman Philip Jackson listed discussion points for the meeting; • Department Reviews with relation to waivers ZBA Meeting Minutes/ Comprehensive Perm 01-05-06 2/4/2016 9:33 AM • Waivers • Power line restrictions- Eversource • Stormwater Review- Keith Hernandez All homes hooked to drywells All will have gutters and downspouts Clay surface? Site Engineer will use design/ 5 feet over dig Director of Construction oversees this Meets the Stormwater Best N=Management Standards Compliance with DEP stormwater • Private Road? Will start as private/option is there if funding for town to take road. Examining a Grant. Homeowners responsibility. • Homeowners'Association Work with owners Roles and responsibility Professional Management group involved for fee collection Homeowners control open space, drainage, roads Document can be presented POST-APPROVAL/ PRIOR to CO (Tab R is draft) WAVERS 1. 179-13 Regulations effective in all districts • No discussion 2. 179-15 Frontage/setbacks • Required to submit an as built • process to make changes • After 40B approval/can be approved by letter • insubstantial determination 3. 179 Art. VI Signs • Temporary signs only • Removed after construction • Will NOT impact sight distances 4. 179-47 • based on data 5. 179 Site Plan Review • not applicable 6. Subdivision Rules + Regulations • ZBA is in charge for this project • Comprehensive Permit has 3 years to build • Brewster CPC has a time line for build (7 years total) • Can request an extension ZBA Meeting Minutes/ Comprehensive Perm 01-05-06 2/4/2016 9:33 AM NI I 7. 290-5 Definitive Plans • submit to ZBA 8. 290-6 9. 290-9 • removed 10. 290-10 11. Natural features • top soil- keep • Trees- keep • Construction Supervisor- Bob Riley will keep an eye on this 12. As written 13. Road Specs? • Section 35- 9 separate inspections • Keep requested/cross reference 14. Monuments • Open space-left as is/no plans for landscaping • Approval of definitive plan- final- • prevent"yard creep" • workout boundaries with Planning Department 15. 290-35 Inspections • clearing and grubbing • road/base 16. Forms 17. Fees • Selectmen do fee waivers • Not applicable 18.Traffic • Police- site distance at intersection • Exhibit 0 • Cape Cod Commission adequate site distance • What is the actual availability? • documented 19. Street standards • Minor Road • cul-de-sac • vehicle turning radius/ specs from fire dept. 20. HDC • No need to file 21. Health • Waiver from fee 22. Not applicable ZBA Meeting Minutes/ Comprehensive Perm 01-05-06 2/4/2016 9:33 AM 23. Final definitive Plans • A+B submittal requirement • C through Board of Selectmen • 1-2-3 No need to act • Support fee waiver • Not applicable Waiver Votes Number/Bylaw — Motion _ Second , VOTE 1. 179-13 Regulations effective in all districts John Nixon Sarah Kemp 5-0-0 2. 179-15 Applicability of regulations _ 3. 179 Art.VI Signs John Nixon Sara Kemp 5-0-0 4. 179-47 Conformance to subsequent Not applicable amendments 5. 179 Art.XII Site Plan Review 6. Subdivision Rules + Regs. 7. 290-5 Submission of a definitive plan required 8. 290-6 Required Board review 9. 290-9 Preliminary plans removed 10. 290-10 Definitive Plans John Nixon Les Erikson 5-0-0 11. 290-24 Protection of Natural features 12. 290-25 Timeline limitation John Nixon Sara Kemp 5-0-0 13. 290-26 General requirements John Nixon Bruce MacGregor 5-0-0 14. 290-31 Monuments John Nixon Sara Kemp 5-0-0 15. 290-35 Inspections and control John Nixon Bruce MacGregor 5-0-0 16. 290-38 - •• . - - - . - 17._290-39 Fees Not applicable 18. 290-40 Traffic impact guidelines HOLD 19. 290 Table 1, Table 2 and Table 3 John Nixon Les Erikson 5-0-0 20. HDC John Nixon Sarah Kemp 5-0-0 21. Health 22. 23. Final Definitive Plan Further Discussion 1. Department Comments A. Police- regarding traffic Existing intersection- minimal increase B. Fire C. Landscaping- conservation D. Building/ OKH 2. To make changes, treat as pre-existing nonconforming structure 3. Need Homewners docs- ZBA review and approve ZBA Meeting Minutes/ Comprehensive Perm 01-05-06 2/4/2016 9:33 AM Y, I A. Building Plans B. Definitive Plans 4. Foreclosure piece- deed riders/ survives 5. Preliminary Decision by January 26th back for review NEXT MEETING Tuesday, February 2, 2016 at 7:00PM MOTION by Bruce MacGregor to adjourn Second by John Nixon VOTE: 5-0-0 Respectfully submitted, Marilyn Mooers/Administrative Assistant ZBA Meeting Minutes/ Comprehensive Perm 01-05-06 2/4/2016 9:33 AM �rrr++� u��