ZONING BOARD OF APPEALS
BUSINESS MEETING
MARCH 15, 2006
PRESENT: Bruce Simpson, Elissa Fynn-Poppey, Robert Garrity, John Burke, Lorraine Sweeney
ABSENT: Martin Murphy, Michael Kulesza
The duly posted meeting of the Zoning Board of Appeals convened at 7:45 p.m. in room 105C at the Norfolk Town Hall.
Vouchers were signed for Board expenses.
Mr. Garrity signed the approved minutes for January and February of 2006.
7:50 p.m. Modification to Borrelli 40B Special Permit Case #2003-05: Present were Mr. McCormick, John Glossa and Paul Borrelli. Mr. Glossa stated that the purpose of the modification to the Special Permit is to install an irrigation well that would be less than 400 feet but more than 250 from the horizontal setback of a leaching field. He noted that the Board of Health Regulations state that the setback must be 400 feet. The state regulations require only a 100 foot setback. Mr. Glossa stated that the Zoning Board of Appeals has the authority to waive the local regulations in this matter.
Mr. Glossa stated that he had attended a Board of Health meeting for a variance from the local regulations as a courtesy. He noted that the Board of Health did not vote to grant the variance but elected to send recommendations to the Zoning Board of Appeals. Mr. Domey, the Board of Health agent drafted the recommendations with 12 conditions. This document, dated March 13, 2006, had been forwarded to the Zoning Board of Appeals by Mr. Domey.
Mr. Glossa stated that they reviewed all of the conditions with the Board of Health and felt that they could comply with all of the conditions. The Board of Health wanted the applicant to test the water from the irrigation well twice in the first year when the wastewater treatment plant was running at 50% occupancy.
The Board noted that the conditions reflected the concerns of the Board of Health, which the Board could address in its decision. The Board noted that they only had the authority under Chapter 40B to waive the local Board of Health regulations. Mr. Glossa stated that the well will be located on the property owned by the condominium association. The condominium associate will give an easement for access.
Mr. Burke stated that he would like to have a benchmark test. Mr. Simpson stated that he would like to see preliminary testing. Mr. Glossa stated that there would be no problem in conducting preliminary testing to establish a benchmark. Mr. Garrity questioned the
rate of groundwater flow. Mr. Glossa stated that the well will be located into the ledge.
Zoning Board of Appeals Business Minutes of March 15, 2006
It would be difficult to determine how fast the groundwater travels in ledge. He noted however that the soils are fairly sandy in this area. One of the water quality tests runs about $1000.
The Board determined that there would be an initial test and then another test after 50% occupancy. The Board will discuss this issue later in the evening.
Mr. Kevin Eldracher, a resident of 4 Magnolia Circle stated that his home is located on the backside of one of the Norfolk Condominium buildings. He questioned how this well would affect his property. Mr. Glossa stated that the hydrogeo report showed that the water flows toward Union Street. The water discharged from the wastewater treatment facility is cleaner than what comes out of a septic system. He stated that the water in the wastewater treatment facility goes through an ultraviolet light that kills all pathogens. The impact to the abutter will be nil.
Mr. Simpson stated that in the south and west of the country the use of grey water for irrigation is used frequently.
Mr. Garrity made the motion to close the public hearing for the Special Permit modification at 8:15 p.m. The motion was seconded by Mr. Burke. The vote was unanimous to close the public hearing on this matter.
Mr. Glossa stated that he also wanted to discuss the re-designation of the affordable units within this project. He noted that the Special Permit calls for one affordable unit to be constructed for every four market value units. They requested that the smaller units in the project be the affordable units.
Mr. Garrity noted that this is the second time that the applicant is changing the location of the affordable units. Mr. Borrelli stated that there is nothing on the outside of the buildings to discern whether the units are affordable or market value. He noted that there are no affordable units with a master bedroom on the first floor. He noted that the square footage of the units determined the location of the affordable units. The size of the bedrooms would also be smaller in the affordable units.
8:15 p.m. Fire Chief Coleman Bushnell was present to discuss the issue of sprinklers in the Norfolk Condominium buildings. The Board had received correspondence from the Fire Chief and the Building Commissioner regarding the use of sprinklers in each of the units. Mr. Glossa stated that they would like to explain the lack of need for the sprinklers.
Mr. Neil McCormick is the architect that has taken over the project from David Lodge. He noted that Mr. Lodge had made a mistake in the interpretation of the building code
Zoning Board of Appeals Business Minutes of March 15, 2006 regarding the requirement of fire suppression in buildings. Mr. McComick had draft a letter and complied other data regarding this matter. He noted that the Building Commissioner had agreed that the buildings would not require a fire suppression system. He noted that Dufresne-Henry, the Town’s water consultant, looked at the report to see what the pressure would be at the site and what the flows would be with different sized water pipes. It is the opinion of Dufresne-Henry that the condominium complex does not require a fire suppression system. He noted that they want to work with the Norfolk Fire Chief or any other professional in order to bring a recommendation to the Board regarding the condition in the Special Permit that required
a complete fire suppression system. They would like to work with any person in the Town who is involved and make a recommendation to amend this condition.
Mr. Simpson stated that he would rather see the Applicant work this matter out with the Fire Chief and then come back with a recommendation. Mr. Glossa stated that he would like to see the Fire Chief, Dufresne-Henry, a member of the Board and Mr. McCormick meet and decide on the course of action.
Mr. Borrelli stated that time is the biggest issue. He noted that they are now plastering the units. He noted that a decision would have to be made immediately. Mr. Simpson asked Chief Bushnell if he would be comfortable with the suggestion to meet. Chief Bushnell stated that he would be happy to meet and discuss this issue further. The fire suppression system is ready in the first building (55 and over). He would like to talk about the rest of the buildings. He would like to see the first building completed with the sprinklers and that building would be eliminated from the rest of the equation in the discussions. Chief Bushnell stated that the Fire Department does not want to be an adversary to this project and stated that he would favor a quick resolution.
The Board assured Mr. Borrelli that it would not impede what would happen in the rest of the buildings. Mr. Simpson stated that he would be available to meet with the Fire Chief and the Borrelli team at any time. Mr. Glossa stated that he would contact all parties involved and also notify everyone when the meeting would take place.
Mr. Borrelli stated that he would like to meet with the Building Inspector and may want to have Bob Cummings be present as well. Chief Bushnell stated that there are two issues to discuss; fire suppression and sprinklers. He noted that the former Fire Chief, Bill Kelley, had noted that there was inadequate pressure. It would be better to have sprinklers for support.
Mr. Glossa stated that Dufresne-Henry has everything on a computer model. They could also conduct flow tests on the hydrants as well. Mr. Simpson noted that the Special Permit decision stated that the fire suppression system shall be to the satisfaction of the Fire Chief. He noted that the project proponents and the Chief would have to come to a decision before the end of the week. The meeting adjourned at 8:35 p.m.
The Board adjourned at 8:40 p.m. to deliberate and vote on the two Special Permit requests of the Norfolk Credit Union. At 8:50 p.m. the Board deliberated the modification to the Special Permit #2003-05 for an irrigation well at the Norfolk Condominium site. The Board determined that a baseline test would be conducted prior to the operation of the wastewater treatment plant. The testing of the irrigation well would be twice the first year. The first year would commence within one year after the first unit is occupied. The testing would then be conducted twice per year thereafter until 50% of the occupancy. If the testing done in the first year after the 50% occupancy indicates uncontaminated water then the testing will be conducted once each year thereafter. If after five
years of full occupancy and no problems are found the testing will be reduced to once every five years. The Board will also incorporate all of the other recommendation of the Board of Health. Mr. Garrity made the motion to grant. Mr. Burke seconded the motion. The vote on the motion was unanimous.
The Board reconvened back to business at 8:55 p.m. The Board reviewed the request of Mr. Borrelli to re-designate the affordable units and referred to the plan submitted. The Board noted that the locations of the affordable units were acceptable. A letter will be drafted to that effect.
It was noted that the next meeting is scheduled during April vacation. Mr. Murphy stated that he would not be able to make that meeting.
Mr. Garrity made the motion to close the business meeting at 9:00 p.m. Mr. Burke seconded the motion. The vote on the motion was unanimous.
_______________________________,
Robert J. Garrity, Clerk
File:ZBA.minutes.march15.06
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