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Home My Public Portal AboutZoning Board of Appeals -- 2017-11-28 Minutes : ke: ?I Cts: CTI ltWsp�iiiiiiiii� TOWN OF BREWSTER \ �. iiia ,: ••.� �� p' o Zoning Board of Appeals ''. . �� o i.i .. 24 "� 2198 Main Street - _ 4 '" r ' p ¢�.} Brewster, Massachusetts 02631 - 1898 u= •� 1rnn \ nnn n "7n � . . o4Ann _ /�ll�l/lllt(111111111110\\\\\\ Date Approved : February 20, 2018 Vote : S -0-0 TOWN OF BREWSTER MINUTES Zoning Board of Appeals Tuesday, November 28, 2017 at 7 : 00 PM Brewster Town Office Building Attending Committee Member : Arthur Stewart (Vice - Chair) , John Nixon, William Hoag, Jeanne Kampas, Patricia Eggers and Bruce MacGregor. Guests : Ryan Bennett (Brewster Town Planner) , Judi Barrett (ZBA Technical advisor) , Project team : Attorney Peter L. Freeman, Julie Creamer (POAH) , Kathryn Giardi (Project Manager) , Richard Fenuccio (architect) , To review past/present hearing: www.brewstermma.gov/ documents and archives / Ch . 18 video archives /recent videos / ZBA 11 - 2847 7 : 00 PM meeting called to order An # 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. Attorney Freeman asked to speak to the Vice - Chair and Bruce MacGregor in private . DISCLOSURE Statement: Bruce MacGregor noted that Mr. Freeman and the Architectural Firm have represented him in business in the past. ZBA Minutes 11 -28- 17 12/4/2017 11 : 41 AM continued 1 /9/2018 10 : 33 AM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 11 -28- 17 40B . docxxx (Brewster Woods- 1 ) . docx 1 • The Town Planner suggested we get a written determination from the State Ethics Commission and the Brewster Town Attorney. • Chair suggested we proceed as appointed with alternate who is here tonight. He asked if anyone from the audience objected; objection raised by one ( 1) member in attendance (Wayne Ross, 6 Stone Ridge Road) . • Due to the objection Mr. MacGregor stepped down and left the table at 7 : 15pm . • We do have the Mullin rule in this town, not saying there is a conflict but disclosure has been made. Application will be heard and voted on by the following; Arthur Stewart, John Nixon, William Hoag, Jeanne Kampas and Patricia Eggers . Mr. Stewart explained to the audience the process the ZBA will be using to present materials and listen to concerns . • Applicant Presentation • Difference between a 40B application and a regular ZBA application • Waivers requested • Correspondence received • Board questions • Open to Public Input o raise your hand to be recognized by Chair, o come to the podium with microphone o Introduce yourself, and present your questions and or objections . • We will not Close to Public Input until all aspects have been heard. Mr. Stewart introduced Attorney Judi Barrett as Technical Consultant from MHP to the Brewster ZBA. INTRODUCTION Attorney Peter L . Freeman from Freeman Law Group in Yarmouth Port gave an Overview and Team Introduction . • Team; Developer; POAH, Julie Creamer and John Livingston, Architect; Richard Fenuccio and Kathryn Giardi, Engineers ; Brad Malo and Mike Bose • Site is owned by the Brewster Housing Authority, this property is a ground lease . Two other developments nearby (Frederick Court and Wells Court) . RFP process . Applicant selected by Housing Authority. • Because it is Town owned land it is considered a "friendly 4013 ", town and housing authority wanted it to be affordable . ZBA Minutes 11 -28- 17 12/4/2017 11 :41 AM continued 1 /9/2018 10 : 33 AM \\FILESERVERI6\files\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 11 -28- 17 40B . docxxx (Brewster Woods- 1 ) . docx 1 • We have met will several departments and BOS, all responding positively. Voluntarily submitted plans to OKH last night (favorable response) . • Need for housing is the statue ( 10 % ) Brewster is at S . 3 % . • Nonprofit developer • One application to ZBA for all Boards, basically a balancing test. • Need based town by town • Hearing process allows comments to come forward from staff/ departments • 40B eligibility ; 1 ) control of site 2 ) Profit or non profit 3 ) Show eligible project (letter) dated 3 - 1647 Julie Creamer (POAH) VP of new Construction • POAH based out of Boston • Nonprofit organization • 600 units on the Cape, 134 in Brewster (Kings Landing) , 27 units in Dennis • POAH partnered with HAC • POAH manages all of own units, well trained, qualification guidelines, staff usually includes a manager and a maintenance supervisor. Power Point Presentation • Housing Assistance Corporation (HAC) • Response to RFP; create unit mix • Family housing is a requirement, suggested 10 % should be 3 bedrooms • Meet all requirements for tax credits • 1 - 2 - 3 bedrooms by range of income, size and salary ranges . • 1 unrestricted unit for property manager or maintenance staff to live on site • Buildings ; 4 buildings ; 3 residential and 1 community building, smaller scale; 2 I story and one ( 1) two story Timeline o Met with Housing Authority o Project Eligibility Letter (PEL) October, 2017 o Met informally with OKH, received feedback from many departments in town. o Hope to apply to the state by February 2018 , pre - app to state within a few days . o Hopefully awarded tax credits o Construction/ Fall 2019 , Occupancy Fall, 2020 Design Process ZBA Minutes 11 -28- 17 12/4/2017 11 :41 AM continued 1 /9/2018 10 : 33 AM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 11 -28- 17 40B . docxxx ( Brewster Woods- 1 ) . docx 1 Presented by Rick Fenuccio of Brown Lindquist Fenuccio & Raber Architects of Yarmouth Port MA. Overall Principals ; • Appropriately scaled to site • Provide resident access • High efficiency buildings • 5 . 82 acres, heavily wooded, topographically rolls up and down • 25 ' setback/ side, rear, and 40 ' on front, self-imposed of 75 feet • 45 ' access road with single point • Woodland views, residential properties abutting to E +W • 4 buildings, 30 units / 55 bedrooms • Center area 90 x 114; village green • Dedicated Community garden space • Fenced play area • Recreational area in middle • 54 parking spaces / 1 . 8 per unit Site lighting • Landscaping- not a final plan • 25 foot clear area behind each building Brad Malo (Coastal Engineering) • Proposed access - Brewster Road • Parking spaces pointed outward from buildings • 54 spaces / 4 handicapped spaces • Enclosed area for trash • Retaining wall behind Community Building and Building A • Various setbacks 77 to 99 feet • Impervious coverage 30 % • Utility Layout (Blue indicates water lines) • 4 proposed hydrants • ( Green lines indicates sewage disposal system) • Title V system • Proposed Bio - Clear system with treatment Rick Fenuccio of Brown Lindquist Fenuccio & Raber Architects of Yarmouth Port MA. ZBA Minutes 11 -28- 17 12/4/2017 11 :41 AM continued 1 /9/2018 10 : 33 AM UILESERVER16\fi1es\P1anning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 11 -28- 17 40B . docxxx (Brewster Woods- 1 ) . docx 1 Overall Principals , • Building A- single story, 6 units on 1 floor with back patio space • Building B - 64, 000 square feet Roof direction sited for solar 6 units on one floor • Building C - 18 units, 2 story with elevator Lowest point on the lot Dedicated storage unit on lower level • Community Building Small Community Room for Residents use Management office Shared laundry Further Discussion as to how to proceed • Waivers requested • Chapter 179 Use regulation Table of Use Dimensional - lot frontage Table 3 - height ( 30 ') 35 ' request (32 . 10 ) 179 - 23 parking 179 - 34 Multifamily XI . Water quality XII Site Plan Review Questions from the Board • Parking : is it ADA standard ? W access for van. Brad Malo stated ALL are 5 ', Have 4 "Van" spots, need minimum of 3 • Waiver for height, Bylaw is 30 ', why 33 ' ? • Latham School is 28 ', and this seems high enough, would like to see back to 30 ', it affects the abutters . ZBA Minutes 11 -28- 17 12/4/2017 11 : 41 AM continued 1 /9/2018 10 : 33 AM VILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 11 -28- 17 40B . docxxx (Brewster Woods- 1 ) . docx 1 • Lighting Design; need to see one, type of lights, fully LED fixtures • 25 ' buffer in front for fire / not paved/ for ladder access • Nitrogen levels ; had a meeting with health, BioClear system discussed • If Bio Clear a detailed Maintenance Plan for construction should be presented • Free comments can be considered prior to Building Permit issued • Would like to see existing vegetation left, concerns about elevations and screening for abutters • Concerns of lighting for abutters ; indicated 12 ' high but maybe consider lower. • Lighting is indicated in place as needed/ spaced about 70 ' apart • Waiting to hear from Planning Board; especially re : parking, number of spaces and size • According to design they comply with regulations • Road is 24' travel lane • Is there enough "backup " space within parking lot? • Wheel stops ? NO, 6 " concrete curbs Where are the 3 Van spaces located ? in all 3 building area . Open to Public Input Shari Plaice, 381 Tubman Road . • Concerned about the Wildlife waiver/ endangered species, Mr. Freeman indicated the noted area has not been mapped nor confirmed by the state . Ms . Place noted she was under the belief they are in a "wildlife corridor" . She noted parking as an issue; slope toward Alden Drive allowing lights to face down into homes . Even though there is indicated a 75 ' wooded area behind this may not screen from abutters . Mr. Freeman noted that as a specific concern . Zachery VOI icelli. 155 Alden Drive . • Introduced himself as an elected member of the Housing Authority as well as an abutter. He noted the 75 ' buffer looks straight through to Stone Ridge (not dense at all) . Concern about the affordability level . He asked why a Bio Clear not just Title V. Mr. Malo noted it was the choice of the applicant as a " green entity" and favorable to local BOH . Mr. Volpicelli asked if lights will be on all the time ? NO , only at the main entrance doors . He also asked why porches are oriented differently. Has to do with unit layouts . Mr. Volpicelli asked if there will be A Lighting Plan brought to session with added exterior lights too ? Will fencing be solid or split rail ? Would like to see solid for lights . What is meant by "limit of work" ? and what is construction access area? Jane Komarov, 171 Alden Drive • Letter received, Ms . Komarov has the same site line issues as noted by previous abutters, Clearing materials have been left over the area from Wells Court construction years ago . ZBA Minutes 11 -28- 17 12/4/2017 11 :41 AM continued 1 /9/2018 10 : 33 AM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 11 -28- 17 40B . docxxx (Brewster Woods- 1 ) . docx 1 There are not dense buffers to absorb sound or light. She asked if there is any allowance for new natural buffer plantings such as Leland Cypress (fast growing) . Brewster Town Meeting 2009 changed the language about mixed use (Brewster workforce) to a broad interpretation. Ms . Komarov noted "local preference" and fair housing issues . Once people live there they ARE considered Brewster residents . Ms . Komarov also noted her concerns re : endangered species, vernal pools, and box turtles . Traffic is another issue she discussed as the pedestrian traffic on Brewster Road . Could there be a light especially with the Fire Department across the street. Perhaps a Peer Review could look at sidewalks and gate access Mr. James Sheerin , 1696 Main Street. (Corner of Brewster Road) • Brewster Road itself is in bad shape, trees are one foot from the side line . Will anything be done to the road ? Construction vehicles and well as residents will be using this . Too much traffic or Route 6A at all times of the year, this should be looked at carefully. What type of heat does this use ? Gas if available, or perhaps electric is solar used . Rob Plaice„ 381 Tubman Road . • Are these units pet friendly? They have to allow companion pets, they may limit size and breeds . Will there be perimeter fencing? Not currently but we have heard some requests . Will 100 extra neighbors add to the noise factor? There are "house rules " as part of the lease agreement for each unit. Mr. Jack Murthv, 16 Stone Ridge . • I would like some notification of prework (site preparation) Mr. Wavne Ross, 6 Stone Ridge . • The density of vegetation is nil . Elevation is not significant. Is there parking by the Community Building? • No contractor on board yet. Can we review mitigation plan at the Building Permit stage ? Yes, public information MOTION by Arthur Stewart to adjourn at 9 ; 30 pm Respectfully submitted, gigs _Marilyn Mooers Administrative Assistant ZBA Minutes 11 -28- 17 12/4/2017 11 : 41 AM continued 1 /9/2018 10 : 33 AM VILESERVER1Wiiles\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 11 -28- 17 40B . docxxx (Brewster Woods- 1 ) . docx 1