HomeMy Public PortalAboutZoning Board of Appeals -- 2002-06-11 Minutes 01
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TOWN OF BREWSTER
PUBLIC MEETING
MINUTES OF ZONING BOARD OF APPEALS
Tuesday, June 11, 2002
7:00 P.M.
Brewster Town Office Building
The Board convened at 7:00 P.M.
The minutes of May 14, 2002, were approved as presented.
Several Board members commented on the difficulty of absorbing FYI
communications received hard on the hearing date. The deadline for Town
departments is currently is four (4) days. The suggestion that Town
departments respond no later than eleven (11) days prior to the hearing date
was met with general approval.
Mr. Freeman read a resignation letter from Ms. Remy, who was recently elected
to the Town planning board.
Mr. Freeman thanked Board members for their work session efforts with
Affordable Housing applications.
02-09: Continuance of Diana and Joseph Carty, 42 Konohasset
Cartway, Map 41, Lot 11. Request a special permit under Brewster Zoning
By-law, Art. VIII, Sec. 179-25 (B), to renovate and repair accessory garage and
shed, build first floor addition to existing two (2) bedroom house, and add
second floor loft space to same structure. Request a variance under Brewster
Zoning By-law, Art. V, Sec. 179-16, Table 2 (Area Regulations), Note 5, to build a
twelve (12) foot diameter gazebo within fifty (50) feet of wetlands.
Hearing this application were Messrs. Freeman, Harrison, Jackson, Kennedy, and
MacGregor.
Mr. and Mrs. Carty and Mr. Robert Fitzgerald, P.E., presented the application.
The Cartys purchased the property, a 1.3 acre lot on Long Pond Rd., in 2000.
Mr. Fitzgerald described the buildings on the property. Mr. Carty commented on
photographs of the buildings in the application. He reviewed the floor plans. A
planned 8-foot bump-out in the rear of the main dwelling was noted. The
walkway goes across the front of the house. There will be an 8' x 14' addition
to the front of the house. The Cartys intend generally to keep the same
footprint to the main building.
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Board members commented on proposed construction within the 50-foot
setback, maximum number of bedrooms, and conversion of a bedroom to a
dining room. It was noted that the Town conservation commission had
approved the landscaping plan.
Mr. Carty described how revovations would correct deficiencies in the garage and
' explained how the gazebo was going to be installed. The Town board of health
has approved the plans.
Several Board members questioned the variance request. Mr. Fitzgerald asserted
that any new structure on a low lot required a variance. Two hardships were
noted: the absence of a house porch (hence, the plan for the gazebo) and the
prohibition of any additional buildings. The gazebo is smaller than the building
(pump house) that it will replace. The gazebo will be located three feet fron the
pond bank.
Discussion was opened to public input. Mr. Everett Horgan, abutter, asserted
that the renovations would result in a significant improvement to the area. Ms.
Ransey Swan, 30 Tanglewood, was in favor, also, and noted that the current
if buildings dated from the 40's. Motion made to close public input, 2nd
all in favor.
Board members were polled. There was general approval for the special permit,
but the variance application was questionable. It was recognized that costs
would be much higher to renovate the pump house than to replace it with a
gazebo.
Mr. Kennedy moved to grant a special permit, 2nd by Mr. MacGregor, Board all in
favor. Mr. Kennedy moved to grant a variance, 2nd by Mr. Jackson, Board all in
favor.
02-21: Continuance of Stephen O'Brien, 11 Crosby Lane, Map 12, Lot
16-43. Request 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.
Hearing this application were Messrs. Jackson, Kennedy, and MacGregor; Ms.
McInerney; and Mr. Stewart.
Discussion began over building dimensions, interior renovation plans, and
parking spaces. A 3-car garage on the premises is currently used for storage. It
was noted that three (3) car spaces back out onto Crosby Lane. There is
currently significant construction activity at the site.
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Board members commented on the deficiences of the site plans and the need for
professional drawn plans by an engineer.
Discussion was opened to public input. No comment. Close to public input, 2nd,
all in favor.
The Board expressed a strong desire to have professionally drawn plans and the
applicant agreed. Mr. Jackson moved to approve the request for a special permit
subject to receipt and approval of a professionally drawn site plan with changes
in parking space orientation, 2nd by Mr. Kennedy, Board all in favor.
02-22: John A. Mostyn, Trustee, Lots 1 & 2, Dune Rd., Map 6, Lots 106-
1, 20, and 998. Request a special permit under Brewster Zoning By-law, Art.
II, Sec. 179-6 (E3), to construct timber erosion control stairs within fifty (50) feet
of and/or within Coastal resource areas.
Mr. Mostyn presented the petition. He was accompanied by Mr. Mark Burgess,
C.E. Hearing this case were Messrs. Freeman, Harrison, Jackson, Kennedy, and
Stewart. Town counsel's opinion was given to members hearing this case.
Mr. Mostyn referred to a prior granting of a a special permit for erosion control
stairs at the location. He had received easement rights from the owner Mary
Striping.
Mr. Burgess stated that erosion control steps provide a self-maintaining passage
over a flat area of dunes with no resulting change in topography.
Mr. Freeman, referring to a recently passed Town Meeting article, said that the
intent was to remove the ZBA from the permitting process regarding
development requests in wetlands conservancy districts. However, there is no
corollary permitting process to replace this. And he believed that a variance
should be considered in this case.
Further, Town counsel has requested that Mr. Mostyn withdraw his request
without prejudice and without further fee requirements.
Mr. Bruce Gilmore, Esq., representing the Sea Pines Condomium owners, was
recognized and stated his objection to Mr. Mostyn's request. A narrow strip of
the Sea Pines property runs through the area of the proposall
Motion made, 2nd, and passed to continue Case #02-22 to July.
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02-23: Marshall Hovey, 92 Turning Mill Rd., Map 39,.Lot 6-6. Request a
special permit and variance under Brewster Zoning By-law, Art. II, Sec. 179-6 (E)
(3) and Art. V, Sec. 179-16 (Table 2), to construct a stairway, walkway, and dock
on Upper Mill Pond within twenty-five (25) feet of the setback.
Mr. Freeman read from a letter from the applicant's counsel, requesting
permission to withdraw without prejudice, Motion by Mr. Kennedy, 2nd by Mr.
Harrison, Board all in favor.
02-24: Stephen J. Holmes, 35 Dennison Rd., Map S. Lot 69. Request a
special permit under Brewster Zoning By-law, Art. VIII, Sec. 179-25 (B), to add a
deck, sunroom, and second floor, extending farther into the south side setback
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than the existing dwelling.
Mr. Holmes was present. Members hearing this case were Messrs. Freeman,
Harrison, and Jackson; Ms. McInerney; and Mr. Stewart.
The Board noted contradictory opinions from the building department regarding
the type of request, i.e., variance vs. special permit The Board agreed to base
its deliberations on the judgment in the building inspector's letter, in this case a
request for a special permit
Mr. Holmes has owned the property, built in the early 60's, since 1986. The
edge of the house is 19' 2" from the lot line. The project status consists of work
done through January 2002.
Discussion was opened to public input. No comment heard. Close to public
input, all in favor.
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Board members noted minor deficiencies in the application, including the
absence of a plot plan and a confusing order of items in the application.
Mr. Harrison moved to approve a special permit, 2"d by Mr. Stewart, Board all in
favor.
02-25: Frederick Court Development Corp., Off Brewster and Alden
R Rds., Map 24, Parcel 45. Request a comprehensive permit under Mass.
General Law, Chap. 40B, Secs. 20-23 and Commonwealth of Mass. Regulations
30.00 & 31.00, to construct twenty-four (24) one-bedroom affordable apartment
units for seniors, including four (4) handicapped units, with 50% of the units at
or below median income.
Principal presenter for this 40B application was Mr. Michael Princi, Esq. He was
accompanied by numerous professionals associated with the project: Peter Zorzi
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(sp?), Robert Fitzgerald, Jackie Corzishon (sp?), David Dutra, and Kathy Anow
(sp?) among them.
Board members hearing this case were Messrs. Freeman, Jackson, MacGregor;
-Ms. -McInerney; and Mr. Stewart.
Mr. Princi summarized the background for the project. It is a development of the
non-profit Housing Assistance Corporation, in existence since 1975. The parcel is
8.83 acres off Brewster Rd. and Alden Dr. Three acres will be used/leased for
the project. All of the apartment units are approx. 500 sq. ft. All of the units are
classified as affordable at 50% or below median income. Storm water will be
contained on site. As a 40B project, these units are not profit-makers; they are
intended to provide housing for needier citizens, Brewster and other applicants.
There will be 8 units per acre.
Mr. Dutra stated that persons age 62 and above would be eligible residents. Mr.
Fitzgerald described the plans and topography. Mr. Zorzi described the type of
construction and the 42-ft height waiver from the 30-ft. limit.
Mr. George R. Conover, abutter, was recognized. He reminded everyone that
Alden Rd. is designated for light traffic, two tons or less. Traffic from Rtes. 124
and 137 uses the road. He hoped that plans will include proper drainage and
garbage pickup and that existing vegetation would be preserved as much as
possible. The community had received no notice of a variance allowing a 13-foot
setback. There are signs of an old oil spill in the southwest portion of planned
site.
Mr. Freeman read a memo from Police Chief Earhart regarding use of Alden Rd.
as an emergency access road only. Building Comm. Thyng's letter was also
read.
Board and applicant agreed to continue the case to a special meeting in July.
Board agreed to abutters' request to send notices for the special meeting.
Motion made to continue Case #02-25 to July 25, 2002, 2nd, Board all in favor.
02-26: Stephen B. Brown, 2628 Main St., Map 15, Lot 113-2. Appeal
decision of zoning agent and request a special permit under Brewster Zoning By-
law, Art. II, Sec. 179-5 (E), to extend "retail and services" use under Sec. 179-11
into the "RM" portion of the property.
Mr. Brown was present with his attorney David Woods. Hearing this case were
Messrs. Freeman, Harrison, Jackson, MacGregor, and Stewart.
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Mr. Woods stated that he had researched approx. eighty (80) property appeal
case ranging from 1925 to the present which involved zone-divided lots similar in
nature to Mr. Brown's and concluded . . . .
Mr. Brown's lot is commercial in the rear portion and Village-Business (V-B) on
the east side. The Residential-Medium (R-M) portion is surrounded by other
businesses. The zoning line divides the herb shop; two-thirds of the space is V-B
and one-third is R-M.
Mr. Woods asked the Board members to focus on the current structure and a
400 sq. ft. addition to be added to the rear of the shop. He asked for a Board
determination permitting V-B use in the R-M portion of the building as well as
provisions for outside parking and signage. He stated that the sale of take-out
food is permitted in the V-B district. Mr. Brown is also planning to create an
internet cafe within the existing building.
The Board read from Mr. Brown's list of proposed uses to be extended into the
R-M portion. There was a discussion regarding the length of the list. The zoning
section allows specific uses to be extended into the R-M portion. The Board
noted a contradiction between the list of uses and statements on the application.
Mr. Harrison noted that V-B uses allowed in one zone of the property should be
allowed in the other.
Mr. Woods said that the number of sales and services would be severely
restricted by the existing building space and that Mr. Brown had no intention of
attempting to offer more than a few of them. Mr. Brown already uses most of
the current building for the uses he intends; he only wants to extend V-B use
into the R-M portion of the building.
Mr. Perry, Esq., representing abutter Richard Jardus, stated that selling a
property cuts off special permit use. Uses must be utilized within two (2) years
under a special permit. Mr. Jardus asserted that Mr. Brown's application was
faulty.
Mr. Brown stated that his was one of two certified herbal farms in
Massachusetts. He will have been operating the farm for thirty (30) years this
November. He appealed to the Board to save him from selling out. His business
has never created anywhere near the amount of traffic that his opponents are
asserting. When the Town required him to pave a naturally draining driveway,
floods after heavy rains have occurred since then. Mr. Brown then left the room.
Motion made to close public input, 2nd, Board all in favor.
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Mr. Stewart told Mr. Woods that the Board needed specific use(s) in order to
give the application favorable consideration and hoped that Mr. Brown would
return in the future. Mr. Jackson agreed and appealed to Mr. Woods to
persuade Mr. Brown to do so. Mr. MacGregor asserted that this case is an
-example-of why the Board needs site plans.
Motion made to continue Case #02-26 to July, 2nd, Messrs. Harrison, Jackson,
MacGregor, and Stewart in favor; Mr. Freeman opposed. Motion passed.
The Board discussed the nature of "business" uses and how many could be
transferred from one zone to another. Members asked whether the current
septic system was adequate for the planned uses.
02-27: Peter Malone, 1714 Main St., Map 24, Lot 17: Appeal decision of
zoning agent and request a special permit under Brewster Zoning By-law, Art,
VIII, Sec. 179-28 (A), to continue operating a retail business on the premises.
Mr. Malone and his attorney Roger O'Day were present. Hearing this case were
Messrs. Freeman, Harrison, Jackson, MacGregor, and Stewart.
Mr. O'Day described the property Seaport Shutters and its location at Rtes. 137
and 6A. It was formerly the Brewster Garage and is a vast improvement over
the gas, oil, and auto repair business. Mr. Malone was given a special permit to
operate in the R-M zone five years ago. Mr. Malone's purpose here is to clarify
the terms of the special permit by altering it.
Mr. Malone's business has evolved from awnings and shutters to more
specialized and esoteric fittings and furnishings for interior designers, architects,
contractors, and home owners. It was the subject of a "This Ole House"
program on public television 2 1/2 years ago. Items produced and sold now
include interior shutters, wooden porch doors, lattices, trellises, Adirondack
chairs, and chair upholstery. The focus on home decor has always been present.
The same technology is used now as was used five years ago.
Board members commented that Mr. Malone's business appears to have
outgrown the location, that the current request for a special permit was much
broader than the original one, and that the evolution has gone from
"appointment only" business to lots of display items.
Mr. O'Day said that Mr. Malone would be happy to pare down his list to specific
items such as screen doors, gable vents, side tables, and interior shutter-room
dividers.
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Discussion was closed to public input and continued over the nature of business
uses. Terms such as "specialized home furnishings" and "custom-designed and
manufactured interior fixtures made on site" were offered.
Mr. O'Day agreed to provide an accurate, inclusive description of Seaport
Shutter's business for the next ZBA meeting. Motion made to continue Case
#02-27 until July, 2"d, Board all in favor.
No further business left to conduct, the Board adjourned at 12:15 A.M.,
Wednesday, June 12, 2002.
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