HomeMy Public PortalAboutZoning Board of Appeals -- 2018-12-11 Minutes \,,,,.• 0aEw3%T ,, Brewster Zoning Board of Appeals Approved : 0 -19 -19
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BREWSTER ZONING BOARD of APPEALS 119 FEB211 10 ,157 1
MEETING MINUTES
Tuesday, December 11 , 2018 at 7 : 00 pm BRE111ryTER T0141 +_ LEPK
Brewster Town Office Building
Chair Brian Harrison convened the Zoning Board of Appeals meeting at 7 : 00 pm in the Brewster Town Office Building
with members present : Arthur Stewart , Jeanne Kampas , William Hoag , Bruce MacGregor, John Nixon . Susan
McShane and Patricia Eggers .
Also present : Ryan Bennett ( Brewster 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. "
MINUTES :
November 13 , 2018
MOTION by Arthur Stewart to accept the Minutes of November 13 , 2018 as distributed. . Second by John Nixon .
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VOTE ' 7ml -0
ADMINISTRATIVE REVIEW : 18- 06 The Applicant, Mr. Rancourt requested a minor revision to previously
submitted plan # 17 - 290 ( Moran Engineering ) dated 5 -348 with Plan # 17 - 290 (dated 11 - 2148) to add a 120
square foot addition under an approved Use Variance ( # 18-06) for property located at 87 Long Pond Road ( Map 56
Lot 17) .
Ms , Bennett presented her recommendation to allow by administrative review the applicant's request to amend
building plans to include a 120 square foot addition not previously shown on the plans presented under Variance
18- 06 , Said Variance was to allow a single family use to be established in the Wetlands Conservancy District. The
proposed plan revision is in conformance with all applicable zoning setbacks and does not alter the rational for the
approval of Variance 18- 06 ,
Mr . Rancourt explained the addition is requested in response to an irregularity in the dimensions of the modular
home ,
The Board discussed whether to allow the amendment by Administrative Review, or whether a modification of the
Variance was required . The majority of the Board agreed that the reason for the Variance relief granted
(conservancy soils) would not be altered by the plan alteration/addition ,
There was no public testimony.
MOTION by Arthur Stewart to Approved plan revisions for ZBA# t, 8-06 . Second by Bruce MacGregor, VOTE :;
NEW APPLICATIONS :
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18= 17 Spincape, LLC . Andrea and Robert DeSimone presented their request to modify an existing a Special
Permit granted to an Inn property located 2019 Main Street ( Map 67 Lot 4) in the RM zoning district to change
the existing owner's quarters to an additional lodging room for a total of four (4) inn rooms .
The Board discussed approval of the fourth inn room , as presented , and agreed to issue a new Special Permit
with amended conditions to reflect current operating licenses and approvals .
There was no public testimony .
MOTION 'by to . Patricia Eggers to Approve ZEA# 1847 Second by Bruce MacGregor: VOTE ; ' 5=0-0 : ) k
1848 Robert + Louise Grant, Stephanie Sequin of Ryder & Wilcox presented the application for a Special permit
for property located , 54 Captain Young 's Way ( Map 37, Lot 20) in the RM zoning district and the Wetlands
Conservancy District ( 179- 6 . B) to construct a second story addition to an existing dwelling meeting all applicable
setbacks .
Ms . Sequin presented that the existing home was erected in 1970 and has pre-existing non -conforming protection
under the Wetlands Conservancy District, adopted by Town Meeting in 1975 . The home currently has 3 bedrooms
and a 4- bedroom septic . The proposed addition is for a + bedroom home .
The Board found that the height and bulk of the proposed dwelling are in keeping with the visual character of the
neighborhood . There is adequate vehicular flow and emergency services access . The form of sewage disposal is
adequate and the proposed alteration will not negatively affect groundwater quality .
The Board further discussed approval upon the condition that Conservation and Board of Health approvals are
obtained .
There was no public testimony .
MOTION by Patricia Eggers to Approve Special Permit ZBA# 1848. Second by William Hoag. , VOTE : 54"0,
1849 James and Shirley Francis. Robert Perry of Cape Cod Engineering presented the application for a
Dimensional Variance under MGL 40 A 40 and Brewster zoning Bylaw 179- Table 3 ( height and bulk regulations)
to add a cupola to an existing barn and/or to Overturn the Zoning Agents Decision under MGL 40-8 for property
located at The Channel Way ( Map 58, Lot 73 ) in the RM zoning district .
Mr . Francis presented the cupola proposed for the barn as historically accurate . Comments from the Building
Inspector, Victor Staley, note the cupola is in excess of the Town 's 35' height restriction under zoning ( 179, Table
3 ) . Mr . Staley further notes that structures qualifying as necessary appurtenances per Table 3 , footnote 1 , may be
exempt from this requirement . In Mr. Staley's opinion , a cupola does not meet the definition of a necessary
appurtenance . The Applicant is requesting that interpretation be over-turned and/or a dimensional variance be
granted to allow the cupola at the proposed height .
The Board discussed the criteria for necessary appurtenances as defined under Table 3 , footnote 1 . The majority
of the Board agreed the proposed cupola , as shown on the plans presented, may be considered a necessary
appurtenance to the barn based on its historic district location .
There was no public testimony .
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IMOTION by Arthur Stewart to Overturn the zoning Agent Decision ZBA# 18; �:9 , Second by Bruce MacGregor.
VOTE : 4- 1-0 ,
The applicant requested that the Variance be withdrawn without prejudice ,
MOTION by Brian Harrison to withdraw Variance application ZBA# 18- 19 without prejudice , Second by Patricia
Eggers . VOTE= : S-p-O ,
Motion by Patricia Eggers to Adjourn . Second by Arthur Stewart.
Meeting adjourned at 8 : 35 PM
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