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Home My Public Portal AboutZoning Board of Appeals -- 2018-02-20 Minutes r/``i� TOWN OF BREWSTER o R S ii �p� , a �� , Zoning Board of Appeals :,+ = 2198 Main Street Brewster, Massachusetts 026314898 _ Q t ,CO ( 508 ) 896-3701 x1168 ' WU'J. APR I, lI 1 Il -- c FAX ( 508 ) 896-8089 j/fes/ Q 9 R1 BQ3 \\`\\\\�� ///!!(iJtlttlrflllllltl1111\1\\\\\ 13RE14STER TLY41 CLERK Date : Approved : April 09 , 2018 Vote : 5 -0 -0 TOWN OF BREWSTER MINUTES Zoning Board of Appeals Tuesday, February 20, 2018 at 7 : 00 PM Brewster Town Office Building Attending Committee Members : Arthur Stewart (Chair) , Patricia Eggers, Jeanne Kampas, William Hoag. Guests : Ryan Bennett (Brewster Town Planner) and Judi Barrett (MHP consultant to ZBA) Applicant Project Team : Attorney Peter L. Freeman, Julie Creamer (POAH), David Michniewicz (Coastal Engineering) , Rick Fenuccio ( Architect) , Mark Nelson (Horsley Witten Group / Peer review) . To review past/present hearing: www.brewster-ma. eov/ documents and archives /Ch 18 video archives /recent videos / ZBA 02 - 2048 Hearing Advertisement. SITE VISIT: Application # 17-21 : A330 PM Members of the ZBA and the Brewster Woods Preservation Associates Limited Partnership will conduct a Site Visit at 141 Brewster Road. • Site Visit was attended by ALL members of The ZBA and many Project Team Members, abutters and interested parties. • Area was staked out for visibility/ very enlightening PUBLIC HEARING : continued from January 11, 2018 Application # 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) , an approximately 5 . 82 acres. In accordance with applicable state regulations and guidelines the Applicant is seeking waivers from local zoning and general bylaw requirements. (Meeting # 3) Members hearing this application are; Arthur Stewart, John Nixon, William Hoag, Patricia Eggers and Jeanne Kampas . Meeting was called to order at 7 : 00 PM Chair asked Mr. Freeman to proceed with description of submitted and distributed documents (24348) • We will address comments from Horsley Witten Group (Mark Nelson) just received 02 - 2048 after Mr. Fenuccio . 1 ZBA Minutes 02-2048 3/26/2018 12 : 18 PM N :\Planning\ZONING BOARD ofAPPEALS\MINUTES\2018\ZBA Minutes 02-20-18 Brewster Woods 4abc.docx Richard Fenuccio (Brown . Lindquist. Fenuccio & Raber) In general • Building " C" height • Supplemental plantings • Handicapped parking • Retaining wall • Changes to Building " B" Building "C" • Relief of 33 ' . 10 . 5 " • 32 ' discussed previously • "Averaging" these figures • Grade adjusts/ now 33 ' . 10 . 5 " relief • Structural details not worked out at this point • Roof design done because it is in a Historic District and ties into the area Architecturally, flat roof would be a squat look. Supplemental Plantings • Reasonable number of 3 types (shown on the drawing) o Leland Cypress, Eastern White Pine and Rhododendron • POAH made a commitment / not a final planting plan • Black chain link fence with plantings • Regarding vehicle lights (W side) 160 ' board fence Miscellaneous • Vehicle lights (W side) 160 ' board fence • Handicapped space located closer to building • Porch has been moved as requested Dave Michniewicz. (Coastal Enaineerina ) Storm Water • Changes; add pretreatment and eliminates rain gardens • Comply with Town of Brewster regulations and MA Storm Water design/ more than sufficient • Original letter from Horsley Witten Group noted NOT in Zone 2 • Second letter from Horsley Witten Group dated 249 - 18 has not been reviewed thoroughly • Septic Design is sized but not construction drawings available at this point • All design components are shown • Detailed plans will be approved by the Board of Health as the Building Permit is applied for Waiver Discussion • 2 waivers left to be discussed o Height of Building C o Width of Parking spaces Mark Nelson (Horslev Witten Grow) ) Peer review • Wastewater Treatment Design is conceptual layout • Cut + fill; existing and proposed elevations by Building " C " start at 31 ' and go to 38 - 39 feet. • Storm Water issues; height of fill may help 2 ZBA Minutes 02-20-18 3/26/201812 : 18 PM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 02-20-18 Brewster Woods 4abc.docx o Treat at paved area o Pretreat before it goes into the ground/ may reduce the cost but there is a redesign o Roof drainage/slope working in your favor o Possible swap leech field and areas along access road/ outside the lease area o Conceptual idea Dave Michniewicz. (Coastal Enaineerina ) Storm Water • Storm water all contained on site • Not within 100 ' of wetland • 80 % Construction drawings done • Soil testing is DONE, 10 site soil test holes were done prior to this project Julie Creamer, (POAH representative ) • For funding we must provide "visit ability" , allowing all to visit neighbors . • All units "spread out" leads to this design • Multiple building was a desirable look Attornev Peter Freeman (Proiect Legal Team. ) • Level of detail at this time is minimal • Re - design can cause delay • Storm Water; Board of Health has reviewed the design and " does NOT oppose" this waiver • Mr. Freeman noted he is adamant about these points; storm water, height and parking. Mark Nelson (Horslev Witten Group ) Peer review • Storm Water leads to catch basin to leaching field o Within context of Water Quality Bylaw o Also treatment through plantings Further Discussion Mr. Freeman • Does not agree with Mr. Nelsons comments • He feels the BOH has jurisdiction under 179 . 61 or 179 . 60 (no standards listed) Ryan Bennett (Town Planner) • Board of Health does NOT have jurisdiction over Water Quality Bylaw • According to bylaw Storm water must be recharged and diverted • 179 . 57 DOES have standards for Water Quality protection FURTHER BOARD DISCUSSION POINTS; PARKING WAIVER • Sketch Plan shows 9 ' spaces • (Ms . Eggers) OK with 9 ' spaces and added plantings • (Mr. Nixon) OK with 9 ' spaces and plantings add benefits for neighbors • (Ms . Kampas) OK with 9 feet spaces 3 ZBA Minutes 02-20-18 3/26/2018 12 : 18 PM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 02-20-18 Brewster Woods 4abc.docx • (Mr. Hoag) would like to see 10 ' • Housing Authority recommends 9 ' • Chairman approved 9 ' MOTION by Patricia Eggers, Second by Jack Nixon, to GRANT Parking Waiver of 9 foot space requirement. VOTE 5 - 0 - 0 . HEIGHT WAIVER « Wells Court is 35 ' height (waived previously for that project) • (JN) After looking at the property; the number of hills and depressions requires a large amount of fill • Can this be reduced by at least 3 (three) feet, making 30' maximum + (PE) not opposed to 35 ', maybe gradual minimize • (JK) appreciate the thought to reduce overall height + (WH) Looking at F1 . 1 (elevation drawings) seems closer to 30 feet • A mix of plantings (Leland' s and rhododendron) may look better Than a "wall of Leland' s" • We need a compromise, keep height but lower the contour of the ground. • (AS) Looking at the cut + fill issue again • Mr. Freeman noted support for this waiver seems 3 out of 5 • Rick Fenuccio noted "worked to settle Building " C" By revisiting grading and landscaping « Dave Michniewicz- "tree canopy" already mature • Ryan Bennett- • This may need fairly significant redesign + To be conditioned; must be able to be applied by the Building Inspector. Perhaps "less than" or "same as" • Mr. Freeman and Ms. Bennett need further Bylaw discussion « Judi Barrett (ZBA Consultant) + Need specific language for decision + Balance the regional and local concerns • Julie Creamer ( Project Development) • We worked hard to place these building and height • Want to be good neighbors ; something to be proud of • Discussed flat roof but knew this would not be right for Brewster + Mr. Freeman again asked a sense of where the Board is on this issue; seems 3 for 2 against (it is a majority) MOTION by Patricia Eggers, Second by Jeanne Kampas, to GRANT the height waiver for Building " C", VOTE : 3 yes, 2 no (Hoag/Nixon) . Further Storm Water Discussion « Water Quality Protection Overlay « Further Discussion needed between Ms . Bennett and Mr. Freeman offline as to applicability 179 . 57E • On Town website (Planning Board) 179 . 57 + Is there a request for Water Quality Certificate waiver? • Need for a "Work Session" on the issue; Coastal Engineering, Horsley Witten Group 4 ZBA Minutes 02-20-18 3/26/2018 12 : 18 PM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 02-20-18 Brewster Woods 4abc.docx • What is an appropriate approach? • All would benefit through working together • Question from Board Member (JK) what is the difference "pretreated" and "untreated" and its relation to this project. o Pretreated is catch basins/trap hydrocarbons o Untreated is direct runoff, just discharge into ground Sidewalk issue • Question asked if sidewalk will connect all the way out to Route 6A/ • Yes, using existing sidewalk to extend and connect. PARKING issues • Where are " overflow" spaces ? • 8 extra spaces are called "guest or visitors" • Calculations by " residential use" • Potential to identify on plan to be determined • If this is vague and uncertain it may be a problem for the lender in the future Open to Public Input (Continued) Zachery Volnicelli 155 Alden Drive • Question regarding the bog on Alden Drive (downhill) , will it leech down to School House Pond? • According to Mark Nelson, groundwater flows to NE • Mapped flow in late 80' s (this is outside that area) Tabitha Kaiale, 155 Alden Drive • Questioning "limit of work" management, • Will it be staked, flagged and monitored? • Will there be "protection" around trees not coming down? • According to Julie Creamer; POAH does all that, clearly laid out plans, every other week reports, Contact persons will be made clear. • Would like to re visit the seed mix used , with Landscape architect, proposed is Not a native mix but can be easily changed. Bill Ross, 6 Stone Ridge • Regarding the "fencing for headlights" ? • Behind the dumpster? Wall extended 165 to 180 ' • Chain-link fence and plantings ? • What is the Access Road (main drive) elevation? 3842 existing elevation/ following basic topography • The Wells Court height waiver was significantly lower. lane Kamarov. 171 Alden Drive • Concern regarding Brewster Road itself, road in pretty bad shape • With increase traffic (both vehicle and pedestrian) there is concern • Who is in control of this road? Housing Authority as a public way FUTURE CONTINUANCE • Availability of ALL parties? • Monday, April 9, 2018 at 7 : 00 PM • Agreed by ALL 5 ZBA Minutes 02-20- 18 3/26/2018 12 : 18 PM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 02-20-18 Brewster Woods 4abc. docx MOTION by Patricia Eggers, second by William Hoag, to CONTINUE 17 - 21 (Brewster Woods) , to MONDAY, APRIL 9, 2018 at 7 : 00 PM . VOTE : 5 - 0 - 0 . FURTHER BOARD DISCUSSION • Charge Judi Barrett to begin work on Draft Decision • Charge Ryan to set up a "working session" with Peter Freeman and/ or Coastal Engineering and Horsley Witten Group APPROVAL of MINUTES : November 28 , 2017 January 11 , 2018 ( Part 1 + Part 2) February 5 , 2018 MOTION by Patricia Eggers, Second by John Nixon to APPROVE all Minutes listed above as presented. VOTE : 5 - 0 - One further question from Board member, • Why is Public Comment prior to Waiver discussion ? As there may be further questions • To be considered in the future . MOTION by Patricia Eggers , Second by John Nixon to adjourn at 9 : 00 pm . VOTE : 5-0 -0 Respectfully submitted, Marilyn Mooers / inistrative Assistant 6 ZBA Minutes 02-20- 18 3/26/201812: 18 PM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 02-20-18 Brewster Woods 4abc.docx