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Home My Public Portal AboutZoning Board of Appeals -- 2019-05-14 Minutes �o��' Brewster Zoning Board of Appeals Approved : ' � l .ou 0a W ST�'bju 2198 Main Street Vote : Brewster, MA 02631 A 898 go y (508 ) 896 -3701 x1168 b Z'4 EB "IBppp9 '°, mmooers0,brewster-ma . gov BREWSTER ZONING BOARD of APPEALS MEETING MINUTES Tuesday, MAY 14, 2019 at 7 : 00 pm Brewster Town Office Building Chair Brian Harrison convened the Zoning Board of Appeals meeting at 7 : 00 pm in the Brewster Town Offices with the following members present ; Arthur Stewart , Bruce McGregor, John Nixon , Jeanne Kampas , William Hoag , and Susan McShane . Member missing ; Patricia Eggers , 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 . gov/documents and archives/Ch . 18 video archives/recent videos/ ZBA 05 - 14- 19 1946 Timothy and Jennifer Holmes, 16 Quartermaster Drive, Map 4, Lot 42, in the RL Zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Zoning Bylaw 17942 . 2 part 2 to construct a building with a first floor garage and a second floor accessory dwelling unit (900 square feet) . Members hearing this application ; Brian Harrison , Arthur Stewart , Susan McShane , John Nixon , and Bill Hoag . Mr. Holmes gave a brief overview of this application . • 5 (five) bedroom septic on file / new septic design Board Questions . • Was this triggered by "nitrogen" issue? NO, • There was a comment from Health Director . • Proposed is 900 square feet/with full garage and full basement • Garage was built with appropriate permits Open to Public Input • Jeanne Severdiia 28 Quartermaster Drive o As an abutter she would like to voice her concerns regarding extra traffic on a dirt road . Would like to keep the character of the neighborhood . o Tim makes repairs to the road as needed . o This is a wooded area and I would like to see a buffer left . MOTION by Susan McShane to Close to Public Input. Second by Bill Hoag . VOTE : 5 -0-0 "il Wi 1 . Further Questions from the Board 1 ZBA MINUTES 054449 6/4/2019 1 : 09 PM • The Town is looking for accessory apartments . • Is this granted with the land or the applicant? Board discussion to run with land Amendment to go with land ; Hoag YES McShane YES Nixon NO Stewart NO Harrison NO Did NOT Pass "to run with owner" MOTION by Arthur Stewart to APPROVE Special Permit 19- 16 as requested and in accordance with documents presented . This application will run with the owner. Second by John Nixon . VOTE : 5-0-0 . 19 -17 Christian O. Diaz, 7-9 Thousand Oaks Drive , Map 107 , Lot 21 , in the RL zoning district. The applicant seeks to transfer an existing Special Permit granted under MGL 40A and Brewster Zoning Bylaw 179- 16 , Table 2 , Note 13 to new owner. Members hearing this application ; Brian Harrison , Arthur Stewart, John Nixon , Bruce McGregor and Jeanne Kampas . Questions : • Original " in-law" apartment • Renew to new owner • Language in Table 2 remains " in- law" but no longer restricted to family member. Open to Public Input • Dianne Missette ; abutter • NO problem with this application • Great neighbors MOTION by Jeanne Kampas to Close to Public Input. • Second by John Nixon . VOTE : 5 -0 - 0 Further Discussion • Everyone was fine with is application • Remained to be consistent MOTION by Brian Harrison to APPROVE request of applicant to transfer Special Permit 06-02 to new Special Permit 19- 17 as requested . Second by Arthur Stewart, VOTE : 5-0-0 19 -18 Katherine Burlingame, 523 Thousand Oaks Drive , Map 96 , Lot 143 , in the RL zoning district, The applicant seeks to amend an existing Special Permit granted under MGL 40A and Brewster Zoning 1 Bylaw 179- 16 , Table 2 , Note 13 . , Members hearing this application ; Susan McShane , Bill Hoag , John Nixon , Bruce McGregor and Jeanne Kampas . Ms . Burlingame gave an overview of this application . • Original Permit for " in - law" apt . • Now qualifies as an " affordable unit" • Would like to remove the "family member" restriction from the recorded deed . 2 ZBA MINUTES 05 - 1449 6/4/2019 1 : 09 PM • No issues with keeping the unit affordable Board Questions • Does the Town get involved in picking the tenant? NO • Was this previously filed with Registry of Deeds ? YES but will re-file . • You know there will be an " affidavit" signed yearly to meet the new deed Restriction ? YES No issue maintaining this status Open to Public Input • NO one spoke to this issue MOTION by John Nixon to Close to Public Input. • Second by Susan McShane . VOTE : 5 - 0 -0 MOTION by John Nixon APPROVE this Special Permit as requested , to remove previous Restriction to approval . Second by William Hoag . VOTE : 5-0-0 l 19- 19 Sea Watch LLC, (represented by Attorney Roger O'Day), 1714 Main Street, Map 56 Lot 64, in the RM zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Zoning Bylaw 179, 25-13 to change the use of a portion of the interior premises of a nonconforming pre-existing building . Members hearing this application ; Brian Harrison , Arthur Stewart, John Nixon , Bruce McGregor and Susan McShane . Attorney O' Day and Mr. Malone were present for this application . Attorney O'Day gave an overview of the property; • This property has been called Seaside Shutter for many years . • It is in a Residential zone . • Pre-existing non-conforming structure • Modest change to interior only • Moving from woodworking side (this has move to Chatham Industrial Park) • To showroom and retail • With less employees on site there will be less traffic Questions from the Board • Is this moving from a non -permitted use to another permitted use/ Planning Board discussed this A few years ago . • As a previous member of the Planning Board, this is rights they already have permitted retail and are just expanding that (totally interior) • Looking at the plans, existing and proposed is less intense use . Open to Public Input • NO ONE spoke to this issue . Motion by Arthur Stewart to Close to Public Input. Second by Susan McShane . VOTE : 5-0-0 No further discussion by the Board MOTION by Arthur .Stevvart to,: APPROVE a Special Permit # 1949 to modify interior portion of the building to retail as testimony and plans presented : Second by John Nixon. VOTE , 5 0-0 . . 3 ZBA MINUTES 054449 6/4/2019 1 : 09 PM 19 = 20 Madeleine M . Bickert ( represented by Attorney Peter S. Farber), ® Brady Cartway, Map 74 Lot 89, in the RR zoning district. The applicant seeks An Appeal of Zoning Agents Decision under MGL 40A § and 15, or in the alternative a Variance under Brewster Zoning Bylaw 179, section 52 and Table 2 Area Regulations for a lot lacking frontage . Members hearing this application ; Brian Harrison , Arthur Stewart, Jeanne Kampas , Bill Hoag and Susan McShane . Attorney Farber gave his overview according to the Narrative he presented with his documentation . Recognized lot as a single family, met all area requirements in 1978, RR district of 60,000 feet. • He is using 2 land court decisions as reference (Clark v. Wagoner) and ( Mohr v. Stroh ) regarding street Frontage . • He noted Zoning Agent (Victor Staley) still troubled with street frontage . In 2007 the ZBA Upheld Mr. Staley's decision, Land court (2 years later) upheld the decision . • Clark v . Wagoner was pre 1971 standards Brady Cartway is not a street, road or way it is a right of easement. • In 1951 the Pettengil children conveyed a lot. Open to Public Input • Mr. John Fishman, Long Pond Road Mr. Fishman read his letter of 54449 into the record • Ms. JudvPeftenailO' Neil 187 Brady Cartway We honor family legacy. We appreciate offering of sale to remain in the family • Mr. Kent Wright_ 238 Brady Cartway Walked the property with Mr. Farber Cuts the land in half • John O %Veil 187 Brady Cartway MOTION by Susan McShane to Close to Public Input. Second by Bill Hoag . VOTE : 5-O-0 . Questions from the Board • No plan showing the lot "creation date" • Attorney Farber should present copies of the 2 court cases mentioned in . his reasoning • We also need a deed description of this property • There seem to be two conflicting arguments regarding this property • Is this a buildable lot? • We definitely need copies of the deed . And title information • Mr. Farber will provide title information ( 1902 and 1912) as well as plans$ MOYION by Art Stewart to continue 19-20 to July 91h, approved by Attorney Farber, to obtain further materials . Second by Bruce MacGregor. VOTE 5-0-0 19 = 21 Eric R. Heins ( represented by Attorney Benjamin Zehnder), 15 Primrose Cartway, Map 93, Lot 13 in the RL Zoning District. Applicant is requesting Variance # 17-20 for lot frontage, which expired January 9, 2019 be re-Issued . , Members hearing this application : Arthur Stewart, John Nixon , Bill Hoag , Bruce MacGregor and Jeanne Kampas . Attorney Zehnder gave an overview of the project with Mr. Heins present. • Previous Variance approved in 2017 ( 17-20) with an expiration date of January, 2019 . 4 ZBA MINUTES 054449 6/4/20191 : 09 PM • Due to illness the project did not continue thus requesting an extension or reissue a new Variance under new number. • New Narrative dated April 10, 2019 has been presented o Isolated ownership since 1965 o Last undeveloped lot in the neighborhood ( larger than most) o Meets Variance criteria . Open to Public Input Mr. Robert Wk. 18 Ruth Road • Always was an " unbuildable lot" • Foundation dug but not pored is a public hazard • Conservation question regarding turtle species in the area/ must address this directly to Cons Comm Close to Public Input Further Discussion • Basically the same as previous Variance ( 17-20) just a time constraint. The Board voted unanimously to Grant Variance 19- 21 according to plans and testimony provided . VOTE : 5-0-0 19- 22 Paul A. Juliano, 404 Harwich Road, Map 55, Lot 67 in the RM zoning district represented by Attorney Kevin Dolan ) . Applicant is requesting Special Permit # 07-34 previously granted for an in -law apartment be re- issued to new owners pursuant to Brewster Zoning Bylaw 17941, Table 2, and Note 13 . Members hearing this application : John Nixon , Brian Harrison , Jeanne Kampas , Bruce MacGregor and Susan McShane . • Current In- law apartment issued under Special Permit (07-34) • No affordable restriction • New permit, new language re : length of stay lease agreements and principle owner lives there Open to Public Input • NO one spoke to this application Motion by Susan McShane to Close to Public Input. Second by John Nixon . VOTE : 5-0-0 MOTION by John Nixon to Approve Special Permit 19- 22 as presented, and reissue to new owner. Second by Jeanne Kampas , VOTE : 5-0-0 . 19- 23 Kimberley Crocker Pearson (represented by Attorney John C. Kanaga ), 289 Crocker Lane, Map 69, Lot 7 in the RM zoning district. Applicant seeks a Special Permit under MGL 40A, Section 6 and Brewster Zoning Bylaw 179-2513 and 17941, Table 2, Note 4 to construct an addition to the second floor plus a dormer. Members hearing this application : Arthur Stewart, Bill Hoag , Jeanne Kampas , Bruce MacGregor and Susan McShane , Attorney John Kanaga gave an introduction to this application ; • This request increase volume under ( note 4 ) • It is outside the 50 ' conservation line Site is adequate for the building • Conservation has approved this project with Landscaping Open to Public Input • NO one spoke to this application Motion to Close to Public Input, VOTE : 5 -0-0 . 5 ZBA MINUTES 05 - 1419 6/4/2019 1 : 09 PM MOTION by Susan McShane to Approve Special Permit 19 -23 as presented . Second by Jeanne Kampas , VOTE : 5-0-0 . MOTION by Bill Hoag to adjourn at 9 : 15 pm Second by Arthur Stewart VOTE : 7.O-0 Respectfully submitted , Marilyn Mooers/Administrative Assistant 6 ZBA MINUTES 05 - 14- 19 6/4/2019 1 : 09 PM