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Home My Public Portal AboutZoning Board of Appeals -- 2019-01-08 Minutes E"ws%r,,,, Brewster Zoning Board of Appeals Approved : 02 -19-19 OF 0`` 0O4 DEp42198 Main Street Vote : 5 -0-0 Brewster, MA 02631A898 n o �' = ( 508 ) 896 -3701 x1168 - mmooersnbrewster-ma . aov ply 1 A� �� \\\\\�\\� 5 '1a FEB21 '1Q , h `;�ii 1111111;1M o�DOOo\ BREWSTER ZONING BOARD of APPEALS MEETING MINUTES 13RE1,15TER tt)[1 CLERK Tuesday , JANUARY 8 , 2019 at 7 : 00 pm 11k Brewster Town Office Building Chair Brian Harrison convened the Zoning Board of Appeals meeting at 7 : 00 pm in the Brewster Town Office Buildini with all members present : Arthur Stewart , Jeanne Kampas , William Hoag , John Nixon , Patricia Eggers , Brucl MacGregor and Susan McShane . Also present : Ryan Bennett , Town Planner. The Chair read the Recording or Taping Notification : "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting . In addition , if anyone else intends to audio or video tape this meeting he or she is required to inform the chair. " To review past/present hearing : www. brewster-ma . aov/documents and archives/Ch 18 video archives/recent videos/ ZBA 01 -08- 19 CONTINUED APPLICATION : F 18-15 Alison Murray , 151 Leland Road , MAP 34 LOT 29 , ( previously M36 L100 ) in the RL zoning district. The applicant seeks a Dimensional Variance under MGL 40A- 10 and Brewster Bylaw 179-52 ; Table 2 section 6 to locate a (2 ) two car garage closer to the property line , ( REQUEST for CONTINUANCE to March 12th , 2019 ) MOTION by Arthur Stewart to accept this request and Continue to March 12 , 2019 . Second by John Nixon . VOTE : 7-0-0 Public Hearing . ADMINISTRATIVE REVIEW: 16-15 Anthony and Martine Amundson , ( represented by Attorney Benjamin Zehnder) 153 Morningstar Cartway , MAP 82 LOT 32 ( previously M 47 L 2 ) The applicant request an extension of Special Permit 16 - 15 to June 7 , 2020 . Members hearing this application ; Brian Harrison , John Nixon , Arthur Stewart , Jeanne Kampas and Bruce MacGregor. Documents Presented : Letter from Attorney Benjamin Zehnder dated 12 -04-2018 • Previous ZBA decision 16 - 15 • Filed copy of Decision 16- 15 • E - mail to Mr . Admundson from ZBA Admin Clerk Attorney Zehnder explained the request to extend the previous permit • Consider this as a reasonable request . • Property up for sale and markets better with permit in place , Questions from the Board ZBA MINUTES 01 -08- 19 2/12/2019 9 : 37 AM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2019\ZBA MINUTES of 01 -0& 19 , docx APPROVED Page 1 of 5 • What constitutes " reasonable" ? • Up to the Board to determine this . • Asking for '/2-2 years • Suggest from this date - Open to Public Input : No one spoke to this issue MOTION by John Nixon to Close to Public Input , Second by Bruce MacGregor, VOTE : 5-0-0 . No Further Discussion from the Board MOTION by Arthur Stewart to GRANT an Extension as requested to June 7 , 2020 . Second by Bruce MacGregor, VOTE : 5 -0-0 . NEW APPLICATIONS : 19 -01 Carl M Simone and Donna E Simone , Trustees , ( represented by Attorney Andrew L . Singer) , 75 Ellis Landing Road , MAP 90 LOT 119 , ( previously M 14 L 7 ) in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-6 and Brewster zoning bylaw Art. VIII , Sect , 179 -25 , and Art. X , section 179-51 to alter, extend and change a pre-existing , non - conforming single family dwelling by removing a portion of an existing deck and adding a 12x19 one story addition , Members hearing this application ; Brian Harrison , John Nixon , William Hoag , Patricia Eggers and Bruce MacGregor , DOCUMENTS Presented : • Application dated 11 -30 - 18 GIS Map • Summary of Reasoning • Photos • Site Plan by Ryder Wilcox dated Nov . 6 , 2018 • Elevation Plans ; Ryder + Wilcox , dated 11 /03/ 18 Attorney Andrew Singer was present with the applicant Carl Simeone , Mr . Singer presented his reasoning . • Unique situation with three (3 ) road frontages • One story addition to the back of the house • Well screened • Preexisting • 12X19 addition • No change of use • Height and coverage within limits • 8 . 3 feet from Clemons Road • Other setbacks all conforming Questions from the Board • Any impact on vistas ? NO • What will happen to the chimney? To be removed Open to Public Input : No one spoke to this issue MOTION by Pat Eggers to Close to Public Input , Second by John Nixon . VOTE : 5 - 0-0 . ZBA MINUTES 01 -08-19 2/12/2019 9: 37 AM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2019\ZBA MINUTES of 01 -0& 19 , docx APPROVED Page 2 of 5 Further discussion ; • Looks fine MOTION by William Hoag to Grant this Special Permit ( 19-01 ) as requested within MGL , Second by Patricia Eggers , VOTE ; 5-0-0 19 -02 William J . Hanney , ( represented by Attorney Andrew L . Singer) , 29 Captain Dunbar Road , MAP 91 LOT 37 , ( previously M 7 L 12 ) in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Zoning Bylaw Art. 11 , Sect. 179-6 , Art. VIII , Sect, 179-25 A+ B , Art. X , Sect. 179-51 , to relocate the existing dwelling at 29 Captain Dunbar Road to the adjacent New dwelling at 29 Captain Dunbar Road . Members hearing this application ; Brian Harrison , Arthur Stewart , Patricia Eggers , Susan McShane and Bruce MacGregor, Documents Presented : 19 -02 Hanney 29 Capt. Dunbar • Previous ZBA decision 15 -04 • Application dated 11 -30- 18 • Topographic Site Restoration Plan dated 07 -2 & 14 Proposed Residence Design dated 2014 • Abutters Letters ; Behling dated 1 - 3- 19 and Roberts dated 1 -7 - 19 Attorney Andrew Singer gave an overview of the 2 properties and how they are related ; • Smart to hear both together • Permits have lapsed • Mr. Hanney owns both • He wants to demolish 35 and relocate 29 to 35 • Kitchen bump out to be removed • Same # of bedrooms • Compliance with flood plain • No change of use , building height conforming • Coverage within limits (total on the ground not increasing . • #35 ( relocated) front and rear • #29 ( new) , only W side of #29 will remain • CONSERVATION has approved/ inclusive vegetative restoration plan • Letter of support from Paul Roberts • Request limited outside construction (June 15 and Sept 15) • Discussion regarding walkway ; temporarily relocate/then put it back ( replace and reinstalled ) 19 =03 William J . Hanney ( represented by Attorney Andrew L . Singer) , 35 Captain Dunbar Road , MAP 91 LOT 38 , ( previously M 7 L 13 ) , in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Zoning Bylaw Art. 11 , Sect. 179-6 , Art. VIII , Sect. 179-25 A+ B , Art. X, Sect. 179-51 . To demolish existing dwelling and move a replacement dwelling from 29 Capt. Dunbar to the property. Members hearing this application ; Brian Harrison , Arthur Stewart , Patricia Eggers , Susan McShane and Bruce MacGregor. Documents provided for 19- 03 35 Captain Dunbar • Application dated 11 -30- 18 • Summary of Reasoning dated 01 -03 - 19 • Previous ZBA Decision 15 -05 • Topographic Site Plan by Engineering dates 7-2 & 14 • Engineered home Plan by Ryder + Wilcox dated 11 - 13- 18 • Abutters Letters ; Behling dated 1 - 3- 19 and Roberts dated 1 - 7 - 19 ZBA MINUTES 01 -08- 19 2/12/2019 9 : 37 AM N : \Planning\ZONING BOARD of APPEALS\MINUTES\2019\ZBA MINUTES of 01 -08- 19 , docx APPROVED Page 3 of 5 Findings for both applications ; • Back to Conservation and Historic? YES reapply for both properties • Elevation and Flood zone questions ? Comments by Ryan Bennett re : pilings and height of 2 existing structures not from arade but base elevation . • Is chimney height 30 ' ? Allowed higher for draft . Open to Public Input : No one spoke to this issue ■ Letters received from 2 abutters ; Behling and Roberts MOTION by Pat Eggers to Close to Public Input , Second by Bruce MacGregor , VOTE : 5-0-0 . Further discussion by Board • Approve with CONDITIONS ; 1 . RETURN to CONSERVATION 2 . NO outside work June 15 to September 15 1 . WALKWAY to be reinstalled and replaced " as is today" , " equal to what is there now" MOTION by Susan McShane to GRANT ( 19 -02) 29 Captain Dunbar SPECIAL PERMIT with three ( 3 ) conditions listed above , Seconded by Patricia Eggers , VOTE ; 5 -0-0 . MOTION by Susan McShane to GRANT ( 19-03) 35 Captain Dunbar SPECIAL PERMIT with three ( 3 ) conditions listed above , Seconded by Patricia Eggers , VOTE ; 5-04 19-04 Ron + Binnie Backer ( represented by Peter Shannon , architect) , 113 Surrey Lane , MAP 51 LOT 124 , ( previously M 40 L 43- 177) , in the RM zoning district, The applicant seeks a Special Permit under MGL 40A-9 and Brewster Zoning Bylaw 179- 16 Table 2 Note 13 to add an accessory apartment to an existing garage not to exceed 600 Square feet. Members hearing this application are ; Jeanne Kampas , William Hoag , John Nixon , Susan McShane and Brian Harrison . Mr. Peter Shannon represented the owner and gave an overview ; • Applying under existing Bylaw • Attached 2 car garage and sunporch • Less than 600 square feet . • Accommodating a growing family • Title V is adequate Questions from the Board • ADU Bylaw not back from Attorney General yet • " Proceed at own risk" not needed here as it meets size allowed , Open to Public Input Gary Kazer, 65 Walker Road • 10 feet of this owned by all (easement • He was NOT notified of this application , heard about it . • NOT considered an abutter within 300 ' • There is a business run out of this property • Parking is everywhere on the road Mr. DeSimone , 34 Walker Road ZBA MINUTES 01 -08- 19 2/12/2019 9 : 37 AM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2019\ZBA MINUTES of 01 -08- 19 . docx APPROVED Page 4 of 5 • Question of motivation Town Planner and/or ZBA Administrative Asst , will look into " notification " issue MOTION by John Nixon to Close to Public Input . Second by William Hoag . VOTE : 5-O-0 . _ Further Discussion • Mr . Peter Haig (Architectural Designs) suggested a one ( 1 ) month CONTINUANCE • Mr. Shannon signed formal request for Continuance to Tuesday , February 12 , 2019 . k- MOTION by Brian Harrison to Continue 19-04 to February 12 , 20199 VOTE : 5-0-0 19 - 0 5 David Lawdus Trust ( represented by J . M . O 'Reilly Assoc. ) , 115 The Tides Court. MAP 58 LOT 44 . ( previous) , in the RM zoning district. The applicant seeks a SDecial Permit under MGL 40A- 6 and Brewster Zonina Bvlaw 179-25 to replace a non -conformina dwellina with another non -compliant dwellina ( setback to wetland resource) Members hearing this application are ; William Hoag , Jeanne Kampas , Arthur Stewart , John Nixon and Patricia Eggers . Mr. John O ' Reilly represented Mr. Lapidus ( Mr . Lapidus was present) . A brief overview was given ; • Outside the 50 ' resource line • Reviewed by Conservation , Board of Health and Historic District . • Layout has changed somewhat and they will return to Conservation from a new (amended ) Order of Conditions • 3 feet from coastal dune • Reconstruct a new dwelling • Dwelling has a walkout • Retaining wall and septic in place • Average grade • Height meets allowance • Narrative speaks to reduction within 50 ' MOTION by John Nixon to APPROVE 19-05 as presented to replace dwelling , Second by Patricia Eggers , VOTE 5-0-04 MOTION by Patricia Eggers to adjourn at 8 : 30 PM , Second by William Hoag , VOTE : 7- 0- 0 . Next Zoning Board Meeting Date : 02- 12- 19 Respectfully submitted , Marilyn Mooers /Administrative Assistant ZBA MINUTES 01 -08- 19 2/12/2019 9 : 37 AM N :\Planning\ZONING BOARD of APPEALS\MINUTES\2019\ZBA MINUTES of 01 -08- 19 . docx APPROVED Page 5 of 5