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Home My Public Portal AboutZoning Board of Appeals -- 2019-12-10 Minutes ice;: \\\\ MMI ►►wrrSiTi�iio,,� TOWN OF BREWSTER s . �� 4 f Zoning Board of Appeals _ � Ail 0* 2198 Main Street Brewster, Massachusetts 02631 - 1898 O ( 508) 896-3701 x1168 LL t l G11 •COFAX ( 508) 896 -8089 0%j 1 / �////N /////1Nlllllllt1111111\\\\ Date : Approved : January 14 , 2020 Vote : 7 -0 -0 TOWN OF BREWSTER MINUTES Zoning Board of Appeals Tuesday, December 10 , 2019 at 7 : 00 PM Brewster Town Office Building Attending Committee Members : Brian Harrison , Arthur Stewart , William Hoag , Bruce McGregor , Susan McShane , Pat Eggers and Jeanne Kangas . 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 12 - 10 - 19 CONTINUED from November 12 , 2019 19 - 29 441 W H Besse Cartway ( represented by Attorney Christopher Senie) , Map 83 Lot 6, in RR zoning district, ( previously M 41 L 52-2) . The applicants are seeking an Appeal of the Zoning Agents enforcement to order and desist of operation of the Wind Energy Turbine . Attorney C . Seine , representing 5 households continued from the November meeting . • He sat with his clients after the November meeting to discuss options and procedures . • Turbine running 25 % of the time • They feel it is not essential Questions from the Board t • Seems to be an issue as to ' where residences are located • Can there be " reverse metering " ? • Considered behind the grid i . • How much is heard in the winter vs summer? Continue Public Input • Mrs. Hooper; it can be heard all the time 1 ZBA Minutes 12- 10- 19 12/19/2019 12 : 26 : 53 PM • Dr. Eten, 4 e- mails have been received from adjacent to the property , all indicate NO problem . In favor of keeping the turbine going as the sound dissipates . o Basically the law of physics , ambient air ( is quiet) • Mr. Batavian. " pure tone" , comes and goes , that is the nature of sound . I am not a researcher but can discuss noise compliance . It depends on wind shear and the dimensions of the house . Most id personal difference . Board questions • Any new testimony? NO Motion by Pat Eggers to Close to Public Input . Second by Arthur Stewart , VOTE ; 5 - 0- 0 Further discussion • Pure tome seems to be more a violation , won 't know a solution . Would like to see an compromise #2 From Compromise " Proposed Order ' sent from C , Seine to ZBA Proposed Order of the Zoning Board of Appeals In light of the Findings made by this Board, it has determined that all operations of the turbine on weekend days , holidays recognized by the Commonwealth or the Town and between the hours of 7oWpm and 7 : 00am during weekdays constitute a violation of Chapter 125 , the Town ' s noise ordinance, incorporated into Section 17940 . 2 of the Zoning By-laws , and Section 17941 of the Zoning By-laws on Environmental Performance Standards , Therefore , The turbine owner, Dr. John L . Eten and Sybil J . Strough of 441 WH Besse Cartway, shall cease operations of the 10-kilowatt Aerostar turbine located on their property as follows : A . The turbine may be operated from 7 : 00am to 7 * 00pm on weekdays only, except for the provision below on holidays (the "Permitted Operating Hours") , B . The turbine may not be operated on weekend days or on weekday holidays recognized by the ` Commonwealth of Massachusetts or the Town of Brewster (the "Restricted Hours") , C . During the Restricted Hours the turbine must be set to not spin, meaning that the breaking mechanism must be engaged such that the blades do not turn. D . The Permitted Operating Hours may be further restricted by action of this Board if the allowed operations during the Permitted Operating Hours are demonstrated to have risen to the level of violations of Chapter 125 , the Town ' s noise ordinance , incorporated into Section 17940 . 2 of the Zoning By-laws , or Section 17941 of the Zoning By-laws on Environmental Performance Standards . MOTION by Arthur Stewart to accept a compromise as to when turbine can be run or not . (Adopt proposal above , as worked with neighbors . Second by Patricia Eggers . VOTE : 5-0-0 • Dr. Eten, What is then required by me ? o Acoustical engineer / compliance test as in Planning Board Special Permit . 2 ZBA Minutes 12 - 10- 19 12/ 19/2019 12 ; 26 : 53 PM • It can be appealed ; come see Town Planner for specifics . • Dr. Eten . , Can I take it to court? Can challenge this decision through court . What about loss of revenue ? 19-32: Steven and Marie Wuorio, 12 Red Fawn Road, MAP 99 LOT 68, in the RL zoning district. The applicant seeks to amend ZBA decision 02-02, granted under MGL 40A and Brewster Bylaw 17941 to reflect new ownership and request continued use of an existing accessory in- law apartment. Members hearing this application : S . McShane , W. Hoag , P . Eggers , B . McGregor, and J . Kampas . • General Contractor, Larry Lahinie represented the owners o Previous owners had a Special Permit , limit to "family members" , in law restricted . o New owners request a ADU ( no restriction ) o Unit was built but never used Open to Public Input No one spoke to this application Close to PI , MOTION by W. Hoag , second by P . Eggers , VOTE : 5 - 0-0 MOTIONiby Susan McShane to transfer ownership and , place this. unit as an. Accessory : DweIling Unf , m ' Hog . . VOTE 5=0-Qu' restrictiosSecond W1 illi ONith required X9 -33 : Paul Lucier, 40 Skaket Way, Map 139 Lot 4 in RR zoning district. The applicant seeks to amend ZBA decision 1415 to create an ADU in an existing accessory building pursuant to Brewster bylaw 179-42 . 2 • & mail receive d from Mr. Lucier to request a CONTINUANCE to January 14 , 2020 meeting date . MOTION to accept request was made and seconded by S . McShane . VOTE : 5 -0- 0 . 19-34: Fredric C Ambrose and Nancy Ambrose (Trustees of the 215/217 Underpass Nominee Trust), Represented by Attorney William C . Henchy), 215 and 217 Underpass Road, Map 77 Lot 34 and 35 in the CH zoning district. The applicant seeks an Appeal of the Zoning Agents decision of October 2, 2019 to deny a change of use on the property. Under MGL 40A §8 and 15 and Brewster Bylaw 179- 11 . Members hearing this application : A . Stewart , P . Eggers , W. Hoag , S . McShane and B . Harrison . ' Attorney William Henchy represented the Ambrose . Mrs . Ambrose was in attendance . • This is an appeal of ZA previous decision • Only storage of materials and equipment • ZA says wholesale use , I say " storage" 2nd generation taking over the business ; office located in Wellfleet . • Required place to store equipment • Suggest a matter of right/ ZA disagreed Questions from the Board • Do you own all the equipment ? YES • Repairs of company equipment only • All other vehicles are employees . Open to Public Input No one spoke to this application Close to PI , MOTION by W. Hoag , second by P . Eggers . VOTE : 5 -0-0 i 3 ZBA Minutes 12 - 10- 19 12/19/2019 12 : 26 : 53 PM Board felt this was a reasonable approach . MOTION by ' Su san McShane to overturn to Building Commissioners (ZA) determination that storage use proposed to be allowed ; : Second; by Patrioia Eggers , . VOTE 5- 0 . 19- 35 : Jay and Julie Brooks , 291 Satucket Road, Map 13 Lot 17 in the RL zoning district and the Water Quality Protection District overlay . The applicant seeks a Special Permit to construct an ADU under MGL 404 § 9 and Brewster Bylaw 17942 . 2 . Members hearing this application : . Hoag , S . McShane , B . Harrison , McGregor and Kampas . Mr. Chris Vincent represented the owner • They are requesting an ADU to be built within Zone 2 • Received e- mail from Amy VanHone regarding septic . Question from the Board • This is a 4 bedroom home (removing 2 to accommodate ADU ) • Quite a large lot • ADU within the house ? Yes • Plans have been submitted Open to Public Input 14 No one spoke to this application Close to PI , MOTION by Susan McShane , second by Bruce McGregor . VOTE : 5- 0 -0 MOTION byWilliafn Hoag to Grant Special Permit 19=35 to construct;ADU , , with conditions 4 bedrooms° will remain , 2 designated ADU , no change in septic system : -Second by Jeanne Kampas: VOTE : 5470 0 : . 19w36: Paines Creek LLC,: A3 Lower Road, (Represented by Attorney Tim McNamara); Map 37 Lot 1, in the VB zorring` district The applicant seeks a usd Variance rider MGL 40A" 10 and Brewster zoning bylaw 179 '-52 and 179. 38 :3 to allow a , recreational marl) iaana estabA % hment to co!m cate in an existing building with other retail uses. Members hearing this application : . Hoag , S . McShane , B . Harrison , Stewart , and Kampas . (J . Kampas disclosed she lived locally) , accepted by applicant . f Attorney Tim McNamara represented AJ . Luke LLC , AJ Luke was present . • This is a vacant unit within plaza . • Looking for relief from " stand alone" • Relief may be limited • Not significantly altering plaza • Hardship to remove one section . • Lot is developed to capacity, no opportunity to place a standalone unit. • Retail , level of security high on the property Questions from the Board • How was community outreach received ? OK, lots of questions . • Why would this be a hardship, not to have this business?, lots of other businesses could go in there • Attorney McNamara ; exception to zoning hard to define . Only asking for " stand alone" • Lighting - at night for protection , gating and devices may be needed . • Traffic 4 ZBA Minutes 12- 10- 19 12/ 19/2019 12 : 26 : 53 PM • Children in the vicinity • Comes down to SOIL , SHAPE and TOPOGRAPHY . , . . does not and cannot meet this . Open to Public Input Attornev Roaer O 'Dav, Paines Creek Road , o I am opposed to this addition to the area o No Variance criteria have been met o Does effect the zoning district o Detriment to public good o Traffic issues o Presence in Brewster opposes town Vision Statement (keep rural characteristics) o Museum considered a " children ' s camp" within 500 feet of lot line . Mr. Peter Johnson. 909 Stoney Brook Road o Bylaw was well thought out o Applicant has not made their case . Close to PI , MOTION by Arthur Stewart . Second by Susan McShane , VOTE; 5 - 0- 0 MOTION by : Arthur,Stewart ;to DENY. the Variance requested, for 19-36 due to lack of hardship and other Variance criterial not met: Second by Susan McShane , VOTE ; 5.0- MOTION by Jeanne Kampas to adjourn at 945 pm Second by William Hoag. VOTE : 7 - 0 - 0 Respectfully submitted, Marilyn Mooers /Administrative Assistant ti ' t 5 ZBA Minutes 12- 10- 19 12/ 19/2019 12 : 26 : 53 PM