ZONING BOARD OF APPEALS
FEBRUARY 24, 2005
MINUTES
Members Present:, Kathryn Sette-Chair, John Lennox - Clerk, William R. Nugent, Roger Thurston and Donald Intonti, Jr.-Alternate
Members Absent: Robert Bylaska and David Fleming-Alternate (Recused)
Staff Present: Frank DeFelice-Building Inspector and Terry Whalen-Town Planner
Selectmen Present: Joy Brookshire and Peter Whitlock
Ms. Sette (Chair) called the meeting to order at 7:00 PM.
New Hearing – Comprehensive Permit (40B):
APPEAL #Z2005-03, NEW BOSTON HOUSING ENTERPRISES - The petitioners, New Boston Housing Enterprises, David Goldman & Dennis Kanin, Principals, acting by and through their assignee, New Cape Enterprises, LLC, by Attorney Michael D. Ford, Esq. The petitioners, seek a Comprehensive Permit under the provisions of M.G.L. c. 40B, §§20-23 to construct 18 single-family homes on approximately 14 acres, being a portion of Assessor’s Map 02, Parcel 32, located on North Sunken Meadow Road in North Eastham.
After reading the hearing notice, the Chair provided an overview of procedures for the meeting (see attached).
Michael Ford (Attorney) presented the Board with Site Eligibility Letter provided an overview of the proposed project, established standing under 40B, and provided a history of the project from the RFP in 2003. Attorney Ford also discussed the mix of affordable units, waivers requested and the Applicant’s willingness to provide a limit of clearing and barrier at the trail easement.
APPEAL #Z2005-03, NEW BOSTON HOUSING ENTERPRISES (continued)
Jim Alexander (Architect) provided an overview of the proposed structures and noted all the units will be E-star compliant.
Dr. Karl Weiss representing the Water Resources Advisory Board (WRAB) and the Wastewater Management Planning Committee (WWMPC) stated reservations about the addition of nitrates into an area of high nitrate concentration. Dr. Weiss also expressed the WRAB’s concern with proposed individual on-site septic systems and the preference for communal, de-nitrification systems.
Bernie Kaplan of the Long Range Planning Advisory Board (LRPAB) expressed that the proposed project is consonant with the expectations and goals of the Local Comprehensive Plan (LCP).
John Townsend, co-chair of the Housing Task Force (HTF) expressed his group’s support of the proposed project.
Paul Lothrop, chair of the Board of Health (BOH) expressed his Board’s concern with nitrogen loading associated with the project. He also noted the original rationale for purchasing the Roach Property was for a potential water supply and wellhead protection area. Mr. Lothrop also noted the BOH’s drafting of new regulations to require alternative wastewater technologies to protect water quality by limiting nitrogen loading. He noted these new regulations, when adopted, will include a provision requiring alternative treatment within 2,500 feet of a wellhead.
Ross Lasley (5 Gimlet Way) alleged the project has been sloppily planned and that proper notification of the hearing was never given.
Tim Klink (4665 State Highway) expressed his concerns with the lack of landscaping proposed and that the project did not go to local firms.
Brian Savin (1850 Massasoit Road) noted that the recent Town Meeting vote (Article 20) to use the Roach property for affordable housing did not include any mention of $250,000 payment, asked of there was any case law regarding transfer of the land, noted the length of the proposed road, stated he has observed standing water in the pit and expressed overall concern to maintain water quality.
Belle Potash (625 Schoolhouse Road) indicated her long term concerns with water supply in Eastham and that project should not preclude any options. She also noted that the aquifer can not accommodate any further nitrogen loading.
APPEAL #Z2005-03, NEW BOSTON HOUSING ENTERPRISES (continued)
Peter Hall (20 Duck Marsh Lane) noted the project should be rejected due to water quality impacts and loss of open space.
Dave Crary (1700 Bridge Road) inquired about the Town portion of the road, maintenance and fees for subdivision road and stated that no waivers should be granted for the project.
Lou Carlsen (10 Mary Chase Road) provided a chronology of the purchase of the Roach property and that the purpose of the purchase was to stop development and provide open space.
Mary Lou Petit (715 Bridge Road) provided a history of the purchase of the Roach Property and that the land was purchased for General Municipal Purposes which includes affordable housing.
Nathan Nickerson (60 Brigg’s Field Road) inquired if the offset payment was requested by the Town in the RFP.
Joy Brookshire (Selectmen) speaking as an individual, described background information on the determination by Town Selectman that the proposed subdivision dwellings/homes would be serviced by individual septic systems as opposed to a central denitrification system. In summary, the Selectman and Town Administrator agreed that the Town could not require homes built under Chapter 40B to meet more stringent requirement than required by existing Town Zoning Bylaws and Board of Health requirements.
Peter Whitlock (Selectmen) noted the history of the project and would have preferred to see a cluster system for the development.
Dave Crary (1700) Bridge Road noted that Harvest Road is private and the Roach family was specifically prohibited from using it as access to the property.
Dave Carlson (210 Serb Street) asked about how the remainder of the land would be used. He also noted that the road location precludes using area to the east on the Roach Property.
Brian Savin (1850 Massasoit Road) expressed the need to have a hydrologist review the project as we don’t need to add any more nitrates to the groundwater.
Roger Thurston questioned page 14 of the Land Disposition Agreement and the $250,000 amount proposed. Mr. Thurston also indicated that the Town has a right to know the cost of the proposed Town portion of the road.
APPEAL #Z2005-03, NEW BOSTON HOUSING ENTERPRISES (continued)
William Nugent asked why the community system was removed from the proposal.
Kathy Sette asked about the height of vents for gas fired heating systems.
Mike Ford (Attorney) addressed the questions posed and indicated the following:
· Drainage waiver would not be sought
· Lottery would be conducted in manner in compliance with DHCD regulations and the Federal Fair Housing Act including the 70% preference requirement.
· Could not respond to decision related to the use of the property as the Applicant responded to an RFP following action by Town Meeting
· Unaware of any limitations of Town’s to dispose of land and also indicated that Town Counsel had reviewed the Land Disposition Agreement.
· Applicant’s willingness to work with the Housing Consortium for nitrogen reduction treatment funding above the pro-forma, noting that installation of such systems will require maintenance and operation.
The Chair closed the hearing.
A MOTION was made by Mr. Thurston and SECONDED by Mr. Nugent to require a cluster septic system providing nitrogen reduction. The VOTE; 2-3 AGAINST (For: Nugent and Thurston / Against: Intonti, Lennox and Sette).
The Board discussed draft findings and potential conditions.
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to continue the meeting until March 3, 2005 to complete findings of fact and final vote. The VOTE; 5-0 IN FAVOR (For: Intonti, Lennox, Nugent, Sette and Thurston).
Adjournment:
Motion to adjourn by Mr. Thurston seconded by Mr. Lennox
The VOTE; 5-0 IN FAVOR (For: Intonti, Lennox, Nugent, Sette and Thurston)
The meeting adjourned at 10:45 PM
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