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Home My Public Portal AboutZoning Board of Appeals -- 2018-01-11 Minutes (3) fa gw DmX srt` �i�i/o TOWN OF BREWSTER 4 �+ � R momO 'd , Zoning Board of Appeals ,.`; CPQ 2198 Main Street , a r Brewster, Massachusetts 02631 - 1898 ;. Nn+ .N�h Nr:a a p .� -,. ( 508 ) 896-3701 x1168 rig •• - , Y - FAX (508 ) 896-8089 P ORP 10 Date : Approved : February 20 , 2018 Vote : 5 -0 -0 TOWN OF BREWSTER MINUTES of Zoning Board of Appeals (Part 2 ) Thursday, January 11, 2018 at 6 : 30 PM Brewster Town Office Building Attending Committee Members : Arthur Stewart, John Nixon, William Hoag, Jeanne Kampas and Patricia Eggers , Guests : Ryan Bennett (Town Planner) , arrived at 7 : 50 PM To review past/present hearing : www.brewster-ma. Lrov / documents and archives / Ch 18 video archives /recent videos / ZBA 014148 CONTINUED HEARING from November 28, 2017 17-21 : Applicant: Brewster Woods Preservation Associates Limited Partnership . Representative : Attorney Peter L . Freeman for property located at 141 Brewster Road , Map 56 Lot 75 , The Applicant seeks a Comprehensive Permit (40B) under MGL 40b , SECTION 20 -23 AND 760 CMR 56 to construct 3 Residential buildings and one ( 1 ) Community building comprised of 30 rental units (29 affordable) , on approximately 5 . 82 acres. In accordance with applicable state regulations and guidelines the Applicant is seeking waivers from local zoning and general bylaw requirements . Members hearing this application are; Arthur Stewart, John Nixon, William Hoag, Jeanne Kampas and Patricia Eggers. Others in attendance : Attorney Peter L. Freeman, Julie Creamer (POAH) , and Kathryn Giardi (Architectural rep .) Attorney Freeman gave a brief update as to what has been prepared since first meeting; • Letter received from Cape Cod Commission dated December 18, 2017 . • Peer review report received from CDM Smith Inc. dated January 4, 2018 (Traffic) • Peer review report from Horsley Whitten Group dated January 5, 2018 (Storm water) • Additional documentation regarding parking spaces and Lighting Plan • Further discussion may be needed regarding building height. Mr. Freeman noted the submission of response letter from Vanasse Associates dated 01 - 0848 . Also the Traffic peer review response letter from Brad Malo (Coastal Engineering) dated 014048 . Mr. Freeman noted he understands there will be another hearing for this project. Suggested authorizing the ZBA's Technical Advisor (Judi Barrett) to beging working on a draft decision. Review of Additional Materials by Kathrvn Giardi (Brown Lindquist Fenuccio& RaherArchitects ) 1 ZBA Minutes 01 - 11 - 18 Part 2/ Brewster Woods\\FILESERVER16\files\Planning \ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Woods)- BennettEdits A . docxl /25/2018 11 : 58 : 46 AM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALSWINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Wood s ) - BennettEdits A. docxcomplete • Explanation of color coding (photo metrics) • Site lighting plan • Swept path analysis • Question from Board member, about fixtures, they do have a "block out" on any side . • Recessed Down light indications, wall mounted fixtures for mechanical rooms . Board Question; • Lighting; how do we get into conditions, about "spill- over" going beyond the area, (35 . 56) • Would like to look at the lighting, perhaps some kind of demonstration would be helpful . • It was noted by Mr. Freeman he would like to "work these issues out" rather than delay. • Work our language with Consultant (Ms . Barrett) . Another drawing regarding proposed fencing; • On the west side, 116 foot fencing , 4' high board fence • Lighting on parking lot side of fence, lighting would not go over the 75 ' buffer line • Extend on left side (possibly another 10 ') not beyond the edge of the building • PB letter indicated (east west side fencing) by the dumpster and maintenance shed. • Request to move patio, change elevations accordingly Building Elevations • Part of waiver request to be discussed later Brad Malo (Coastal Enaineerina) • Swept Path Analysis submitted to the Fire document • Chief Moran favorable for largest apparatus to be good • From Brewster Rd circulating to Interior parking area is the more challenging but no issue • From Peer review (3 pieces of apparatus) • Ladder truck is OK • what would it look like with 10 ' wide spaces, minimal enlargement, eliminating green space • Could be accomplished. • difference of opinion on space width; Housing Authority wants 9 feet, Planning Board Suggests 10 ', POAH feels 9 ' not a problem. • Standards; Commercial/ Retail 10 ' and Residential 9 ' • Discussion regarding size of vehicles ; SUVs and or pickup trucks Steve Tunner, Cane Cod Commission • With Transportation Staff at CCC • Comment letter of 12 / 18 / 17 • Promote and support this project • Positive review in terms of affordable housing • Transportation; done in a professional manner and consistent with standards • Recommend; • Connect driveway into Wells Court and to Brewster Road • Stop signs properly sited (level of detail) • Clear right of way indicated • Pedestrian safety (vegetation trim regulations) sidewalk connected/continued • Great amenity if sidewalk from Frederick Court could connect directly for children to bus stop Dan Murnhv (CDM Smith ) - - 2 ZBA Minutes 01 - 1 1 - 1 8 Part 2/ Brewster Woods\\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 01A1 - 18 Part 2 ( Brewster Woods)- BennettEdits A . docxl /25/2018 11 : 58 : 46 AM \\FILESERVER16\files\ Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Woods )- BennettEdits A. docxcomplete Traffic Peer Review • Conforms with industry standard practices • Comments ; o Additional study may be needed if Community Building will be used by outside parties o Existing traffic volume data; project is acceptable (journey to work) o Trip distribution is also acceptable o Growth rate and future traffic volumes are in accordance with guild lines o Site driveway, standard fire trucks OK/largest piece (noted usage of evaluation of 3 pieces of equipment that Brewster uses most often) o Additional signage to be provided o No on site Overflow parking proposed; evaluate need o Offsite recommendations would help with benefit Brewster Council on Aging etc., but not necessarily trigger these improvements o Transportation Demand Management within guidelines . o Parking 10 X 20 is standard used for years Recommendation/ Future Consideration • The gate at Alden Drive should be reevaluated Summary • Overflow parking/tight • Community Building is for residents only • 8 guest spaces or overflow spaced throughout • Gate not being well maintained Question by Mr. Freeman : Alden Drive gate issue needs further discussion Mark Nelson (Horslev Whitten Group ) 3 areas requested for Review (received report 1 - 548) • Waivers o Waivers seem appropriate/ WQPD o Wells Court went to OKH review previously, waiver requested here • Waste water Design o Test pits and perc tests done, some soils to be dugout o More complete design of leaching area be included so we know it fits o Permit from Board of Health no need for waiver. o Can be worked out, proposed garden over leaching field, juggle with Play area • Storm water management o Treatment of ROOF AREA and PAVED AREAS should be better addressed o Reduce the size of those areas o Retaining wall is above 4' in height with barrier on top (by structural engineer) Brad Malo (Coastal Enaineerina_) • Disposal design elements (leaching facility itself) has been a more significant design • 2 areas / main circle / community garden/ • primary system and reserve area • Type of plantings in garden should not impact leaching system 3 ZBA Minutes 01A 1 - 1 8 Part 2/ Brewster Woods\\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Woods)- BennettEdits A. docxl /25/2018 11 : 58 : 46 AM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES \2018\ZBA Minutes 01A1 - 18 Part 2 ( Brewster Woods ) - BennettEdits A. docxcomplete • Soil conditions; clarified to be submitted in the future/ location of perc test + soil type classification Overall • 12 other soils test were done by " other parties" • Suitable soils will effect placement of discharge system • Location of leaching field inside loop is to be used for recreational area for residents, if treatment area it may be less available . Recommend declining this option. • Final design could alter surface runoff to one area Question from Board • Why isn't the leaching area not good for recreational uses ? Tends to be depressed Landscaping in this area can be very esthetic . • How much of the area can be used for runoff? Not determined yet • Roof area and pavement area are about the same in size . • Is this is conjunction with MA Storm water law? YES " Standards" are tied to Wetlands Protection Act. New storm water permit (not active yet) . Continuation : • Treatment is a positive component • Rain Garden there is a " release" (ability to shutoff) , spill protection. • Surface area a premium, go with a more efficient design Mr. Freeman will sent Peer Review Response and CDM Review to Steve Tupper ADDITIONAL COMMENTS by Attorney Peter Freeman, • There was a change in the law regarding the Regional Commission, • OKH not a requirement but this application went and received a favorable review. • Time is of the essence • Title V goes through Board of Heath/ it is NOT a waiver. Have you Discussed Planning Board Letter and Housing Authority Letter? YES Discussion of Waivers (Tab3 ) 1 . 17940 Applicability of Use Regulation 2 . 17941 Table of Use Regulation 3 . 17946 : Area (Table 2 ) 4. 179 - 34 (multifamily) 5 . 179 - 64 (Site Plan Review) 6 . Chapter 83 Staff Review 7 . 179 - 61 : WQPD Certificate of Water Quality Compliance BOH waiver : (CONDITION of decision) Comp Permit Rules HDC Certificate MOTION by John Nixon to approve Acceptance of Waivers; FURTHER DISCUSSION • Requested Waivers pursuant to Section 179 - 16 (Table 3 , Building Height) and Section 179 - 23 (Parking Dimensional Standards) will be discussed at a future hearing. 4 ZBA Minutes 01 - 1 I - 18 Part 2/ Brewster Woods\\FILESERVER16\files\Planning \ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Woods) -BennettEdits A . docxl /25/2018 11 : 58 : 46 AM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part2 ( Brewster Woods) - BennettEdits A. docxcomplete • Kathryn noted they were trying to balance the project visually, o Visually it may not be seen with the setback on the site, 32 ' 10" • Mr. Hoag would like to see the building height stay under 30 ' • Slope of the land , using existing grade so it doesn't tower over • Hip roof an all 4 sides to bring scale down Open to Public Input Zack Volbicelli. 155 Alden Drive . • He would like to back up the Housing Authority letter of 01 - 03 - 18 regarding parking • Would like to see fence extended, concerning lights • Alden Drive gate for emergency access only • Raised bed gardens could be used on community garden site if on leaching field Tabitha Kaigle, 155 Alden Drive • Concerned regarding height waiver , confused on height limit and request • Would like to see a full Landscaping Plan with buffer areas (Now we only have a conceptual plan) • Ms . Kaigle is an advocate for native plants as a Landscape designer. DISCUSSION regarding AVAILABLE DATES FOR continuance • Monday, February 5 , 2018 at 7 : 00 PM next available date/time agreed upon • Must check with Judi Barrett MOTION by Pat Eggers to adjourn at 9 : 10 pm Second by John Nixon VOTE : 5 - 0 - 0 Respectfully submitted, Marilyn Mooers Ad inistrative Assistant 5 ZBA Minutes 01 - 11 - 18 Part 2/ Brewster Woods\\FILESERVER16\files\Planning\ZONING BOARD of AP PEALS\M I N UTES\2018\ZBA Minutes 0 1 - 1 1 - 1 8 Part 2 ( Brewster Woods )- BennettEdits A. docxl /25/2018 11 : 58 : 46 AM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Woods ) - BennettEdits A . docxcomplete