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Home My Public Portal AboutZoning Board of Appeals -- 2002-05-14 Minutes i TOWN OF BREWSTER PUBLIC MEETING MINUTES OF ZONING BOARD OF APPEALS Tuesday, May 14, 2002 7:GG-P-M. Brewster Town Office Building The Board convened at 7:00 P.M. , The minutes of March 12, 2002, and April 9, 2002, were approved as corrected. FYI Items: The Chairman announced a 40B Comprehensive Permit application on next month's agenda. Notice made to Messrs. Kennedy, MacGregor, Stewart, and Ms. Remy that another 40B hearing would be continued Wednesday, May 15, 2002, in Town Office Building. The successful outcome of a court case was reported. 02-13: Elaine & Roger Morrill, 19 Breezy Meadow Lane, Map 3, Lot 149. Request for a special permit under Brewster Zoning By-law, Art, VIII, Sec. 179-25 (B), to construct an entrance portico within setbacks. Peter Polhemus, architect, represented the Morrills. Hearing the case were Messrs. Freeman, Kennedy, Jackson, MacGregor, and Thibodeau. Mr. Polhemus stated that the portico would extend 3.5 feet farther into the front setback. It would give significant delineation to the house front. A twenty-five (25) ft. setback is required. The property is pre-existing and non-conforming, and the applicant has received approval from the Historic District Committee. Comment was opened to public input. None heard, motion was made to close public input, 2"d, Board all in favor. Several Board members commented on the absence of the building inspector's letter, but it was generally agreed that the proposal was a minor addition. Motion was made by Mr. Jackson to grant a special permit, 2nd by Mr. Thibodeau, Board all in favor. 02-14: Eric Sigel, 56 Jolly's Crossing Rd., Map 40, Lot 69-3. Request for the transfer of a 1984 variance for an accessory structure as a second dwelling on the same lot to the current owner under Brewster Zoning By-law, Art. V, Sec. 179-15, Table 2, Note 14. 1 Hearing the case were, Mr. Jackson; Ms. McInerney; Messrs. MacGregor, Stewart, and Thibodeau. The applicant purchased the property four (4) years ago. There was no use of -the-accessory apartment-until now. -It is now tenanted by two students at CCCC. The Board made it clear that only a family member or a health care worker could legally occupy the second dwelling under provisions of the "accessory apartment." The Board discussed the intent of the building inspector's letter, the transferability of a variance, the purpose of the original variance (to make pottery), and whether two families occupied the lot in 1984. It was determined that variances are transferable, and that this was not a request for an accessory apartment. Discussion was opened to public input. None heard, motion was made to close public input, 2"d, Board all in favor. Motion made by Mr. Jackson to grant request for transfer of variance in case #02-14, 2"d by Mr. Thibodeau, Board all in favor. 02-15: Carolyn &Jack Runquist, 674 Crowell's Bog Rd., Map 41, Lot 10-13. Request for a special permit under Brewster Zoning By-law, Art. V, Sec. 179-6 (E) (3), to construct a seasonal dock, path, and stairway on the north shore of Long Pond. Carolyn Runquist appeared with attorney Richard Perry. Hearing this case were t Messrs. Freeman, Jackson, Kennedy, MacGregor, and Thibodeau. Mr. Perry raised the issue of a possible conflict between a recently approved Town Meeting article on footbridges and this petition. Board members agreed. a The article's intent was to remove duplication of regulatory procedures by the ZBA and the Conservation Commission. It was stated that all articles approved by Town Meeting must also be approved by the state attorney general. It was also agreed that this application preceded the Town Meeting and that the hearing should proceed. The petition was opened to public input. None heard, motion made to close public input, 2"d, Board all in favor. Mr. MacGregor moved that Case #02-15 for a seasonal dock and stairway be approved for a special permit based on the site plan dated 04/01/02 by Bennett and O'Reilly, 2"d by Mr. Jackson, Board all in favor. 2 02-16: John &Sarah M. Thorne, 964 Satucket Rd., Map 36, Lot 22. Request for a special permit under Brewster Zoning By-law, Art. V, Sec. 179-6E (3), to construct stairs,-landing, and dock on the north shore of Lower Mill Pond. Attorney Richard Perry appeared for the petitioners. Hearing this case were Mr. Jackson, Ms. McInerney, Mr. MacGregor, Ms. Remy, and Mr. Stewart. The issue in this petition is identical with the preceding case. The Board inquired about the proposed uses for the facility. Answer: mooring canoes and sailboat, childrens' recreation. Motion made by Ms. Remy to grant special permit, 2nd by Mr. Stewart, Board all in favor. 02-17: Julie Larkin, S63 Long Pond Rd., Map 26, Lot 67. Request for a special permit under Brewster Zoning By-law, Art. II, Sec. 179-5 (E), to extend the commercial use (CH zone) into the entire parcel. Atty. Stephen B. Jones appeared for the petitioner. Hearing this petition were Messrs. Freeman, Jackson, Kennedy, MacGregor, and Thibodeau. Mr. Jones described the property as being bisected by the CH and RM zones with three-quarters in the CH zone and one-quarter in the RM zone. Ms. Larkin needs all of the property to be commercial. There is no detriment to the public good in this petition. The Board questioned some inconsistencies between the assessor's map and the site map. Mr. Jones said there were no specific commercial uses in mind. The Board asked if the zoning lines were adopted in 1960 or 1972. Mr. Jones stated that the lot has had the same zoning since the line was adopted. The petition was opened to public input. None heard, motion made to close public input, 2"d, Board all in favor. The Board commented that it was difficult to determine what CH uses would be applied. General consensus favored approval because the majority of property was CH space. Motion made by Mr. Thibodeau to grant special permit as presented, 2 d by Mr. Kennedy, Board all in favor. 3 w 4 s 02-18: Alex &Jennifer Carlson, 2129 Main St., Map 16, Lot 21. Request for a special permit under Brewster Zoning By-law, Art. VIII, Sec. 179-25 (B), to K construct an 18' x 24' addition to a pre-existing, non-conforming dwelling with no I further encroachment into setbacks. i e Mr. Carlson appeared to present his petition. Hearing the case were Mr. Freeman; Ms. McInerney; and Messrs. MacGregor, Stewart, and Thibodeau. The purpose of the project is to tear down a mudroom on the rear of the dweling and build the addition described. The Historic District Commission has already approved the project. i Comments from the Board included references to no further non-conformity in the project, concealment of the addition by the front part of the dwelling, and the absence of abutters' objections. Discussion was opened to public input. None heard, motion made to close public input, 2"d, Board all in favor. Motion made by Mr. Stewart to grant special permit, 2nd by Mr. Thibodeau, Board all in favor. a 02-19: Denis G. Williams, Turning Mill Rd., Map 39, Lot 6-43. Request for a special permit under Brewster Zoning By-law, Art. IV, Sec. 179-11, Table 1, and Art. VIII, Sec. 179-26 (A), to construct a single-family dwelling with attached accessory apartment. ti Denis Williams appeared with his mother-in-law Ms. Carol Rich. Members hearing this case were Messrs. Jackson and Kennedy; Ms. McInerney; Messrs. MacGregor and Thibodeau. n The Board raised questions about the number of bedrooms (six) and their s locations. The petitioner stated that the septic system was adequate for six (6) bedrooms. A "bedroom" was defined as any room with a closet. :4 ;5 The Board asked if there were going to be a dwelling atop the two-car garage. Answer: Negative. A total of 600 sq. ft. is set aside for the accessory apartment. Board opened discussion to public input. Abutter David Quinn (sp?) expressed interest in the plans and generally felt favorable about the project. No further comments heard, motion made to close public input, 2nd, Board all in favor. fi _.f Motion made by Mr. Thibodeau to grant special permit as presented, 2"d by Mr. MacGregor, one opposed (Ms. McInerney), all others in favor. 4 02-20: Robert Slavin, 3260 Main St., Map 13, Lot 43-2. Request for a special permit and appeal decision of building inspector under Brewster Zoning By-law, Art. VIII, Sec. 179-25 (B), to allow an 8' x 10' shed to remain in place. Mr. Slavin appeared with his attorney Richard Perry. Hearing this case were Messrs. Freeman, Jackson, and Kennedy; Ms. Remy; and Mr. Thibodeau. Mr. Perry said that his client did not know that he needed a special permit before constructing the shed. The Board pointed out that shed suppliers generally tell customers that a special permit is needed before construction can be started, that all construction has to have a building permit, and that Mr. Slavin needs to be more diligent in his observance of the zoning regulations. Mr. Slavin stated that the shed was being used to store tables and other equipment. He stated that Cobie's has received Historic District Commission approval already. Mr. Perry proposed that the shed was not substantially more detrimental to the public good than any other part of the facility. Reference was made to a building inspector's letter. Mr. Slavin said that a mobile home has been moved from the property. A cottage in the area is on a separate lot. The lot in question has at least 60,000 sq. ft. and has been in the hands of the owners since 1986. The Board raised questions about the shed's base, whether vertical 4x4's or soma tubes. Atty. Perry reviewed the building inspector's letters and said he would review the method of construction with Mr. Thyng. The shed was said to be approx. 36 ft. from the east property line. The Board pointed out that complete dimensions were not supplied with the drawing of the shed. Discussion opened to public input. None heard, motion made to close public input, 2"d, Board all in favor. Mr. Perry withdrew the appeal of the building inspector's decision. Motion made to accept the withdrawal by Ms. Remy, 2nd by Mr. Thibodeau, Board all in favor. Motion made by Mr. Jackson to grant a special permit to retain the shed providing complete dimensions are supplied for the drawing, 2nd by Ms. Remy, one opposed, others in favor. 02-21: Stephen O'Brien, 11 Crosby Lane, Map 12, Lot 16-43. Request for a special permit under Brewster Zoning By-law, Art. VIII, Sec. 179-25 (B), to convert existing commercial space to residential use through interior renovations. 5 R F t Mr. O'Brien presented his petition. Board members hearing this case were Messrs. Jackson, Kennedy, and MacGregor; Ms. Remy; and Mr. Thibodeau. The property formerly housed Monomoy Antiques. There are four (4) separate -apartments besides the antique shop area. One apartment will be expanded into that area, making one large apartment. Board members questioned the rooms identified on the plan. A discussion I ensued over traffic impact, length of tenants' leases, parking, and the proximity of Route 6A to the property. There was a general consensus that the plans were confusing, especially in the context of the surrounding area and roads. Further, the Board could find no evidence in the plans that there was no increase in non- conformity. Discussion opened to public input. None heard, motion made to close public input, 2nd, Board all in favor. The applicant pledged to supply the following information for further consideration by the Board: i • Site plan including abutting lots • Septic system plans • Correct location of the property 8 • Correct and complete interior layout plans Motion made to continue case to the June meeting, 2nd by Mr. MacGregor, Board all in favor. I There being no further business, a motion was made to adjourn at 9:50 P.M., 2nd, Board all in favor. a fl { 3 #Y C $$j Y `§t ti { u 3 6 9 P