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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
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