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Home My Public Portal AboutZoning Board of Appeals -- 2018-01-11 Minutes •I:C ::Si 1..1..E 1 : \\\\\1\\ NMIIIIIIfflIN/m/////// : 'y ��o�\\ ARE W 'V //,ii,� TOWN OF BREWSTER �� ti o >: ARs�, F. Zoning Board of Appeals a4 2198 Main Street F-' A.f JIB • "��. , I.,ry � , Brewster, Massachusetts 02631 - 1898 Lo C1 9 r p ( 508 ) 896 -3701 x1168 Y � � __ •� ` FAX ( 508 ) 896 -8089 COR 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. >_zov / 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 - 0818 . 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. or Review of Additional Materials by Kathrvn Giardi (Brown Lindauist Fenuccio & RaberArchitects ) 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 APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Woods) - 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 Enaineering) • 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; SUV' s 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 Murnh- -v (CDMSmitkJ - 2 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 APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Wood s)- Ben n ettEd its 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 Engineering_) • 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 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 APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 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 . 179 = 10 Applicability of Use Regulation 2 . 179 = 11 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 17946 (Table 3 , Building Height) and Section 179 - 23 (Parking Dimensional Standards) will be discussed at a future hearing. 4 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 APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Wood s) -Ben n ettEd its 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 Volpicelli, 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 Kaiale. 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, r . Marilyn Mooers /A ministrative Assistant 5 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 APPEALS\MINUTES\2018\ZBA Minutes 01 - 11 - 18 Part 2 ( Brewster Woods)- BennettEdits A. docxcomplete