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HomeMy Public PortalAboutZoning Board of Appeals -- 2002-07-09 Minutes J TOWN OF BREWSTER PUBLIC MEETING MINUTES OF ZONING BOARD OF APPEALS Tuesday, July 9, 2002 7:00 P.M Brewster Town Office Building The Board convened at 7:00 P.M. Mr. Freeman reported Mr. Chester Kennedy's resignation. Mr. Freeman has placed the names of two residents for ZBA board positions before the Board of Selectmen. The minutes of June 11, 2002, were approved as corrected. 02-22: Continuance of 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. Freeman reported that the applicant had requested a continuance until after the November Town Meeting, when a decision on whether the ZBA will regulate footbridges, stairs, and paths in Town wetlands and coastal areas is expected. Mr. Harrison moved to approve the request, 2"d by Mr. Jackson, Board all in favor. 02-26: Continuance of 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. Ready to hear this case were Messrs. Freeman, Harrison, Jackson, MacGregor, and Stewart. Attorney David Woods, representing the applicant, requested a continuance until the August meeting because professionally drawn site plans-for the proposal had not been completed. Board members commented on the possible inconvenience to the public, the need for scaling down the number of "retail and services" uses, special attention to catch basins, and parking. Mr. MacGregor moved to approve the continuance until the next ZBA meeting, August 13th, 2nd by Mr. Harrison, Board all in favor. 1 02-27: Continuance of 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. Attorney Roger O'Day, Marsha Malone, and Peter Malone were present. Hearing the case were Messrs. Freeman, Harrison, Jackson, MacGregor, and Stewart. Mr. O'Day presented additional documentation to the Board and said that the =a primary consideration for the Board should be the building inspector's judgment that the Malones were now operating a gift shop on the premises. He asked that the Board clarify the original special permit and overturn the building inspector's decision. He stated that the current business of Seaport Shutters is the sale of specialized home furnishings and/or not mass produced, one-of-a-kind items. Some antiques are also sold, which is permitted in the R-M zone where the business is sited. The building dimensions, 50' x 80' (4,000 sq. ft.), include a first floor showroom of 600 sq. ft. and a second floor currently used for storage. The Malones propose to set aside part of the area for a small office and retail space, together about 20% of the total area. They also reject the assertion that the business is a furniture store. :l Awnings and rolling shutters, mentioned in the original permit, are no longer sold. Mr. Freeman read from a memo to ZBA from Building Inspector Victor Staley regarding an application from Mr. Malone for the installation of a safe spray booth system at his business location. He also noted letters to the ZBA from a large number of abutters and customers of Seaport Shutters in support of Mr. u Malone's application before the Board. Board members and Mr. Malone discussed the availability and location of parking spaces for employees and customers. Mr. Freeman read a letter from Brewster Police Chief Earhart noting the cooperation of Seaport Shutters regarding customer parking and traffic. Discussion opened to public input. Bill Callahan, Jean Cedars, John Ryan, Eileen Ricardi, Chuck Wheeler, and Kathy Conte spoke in favor of the application. Motion made to close public input, 2nd, Board all in favor. 2 i 9j Board opinions were polled: favorable comments made reference to the neat appearance of the building, clarity of the applicant's presentation, and support from the abutters. Several members emphasized that modifying the special permit was always the issue, and it was never trying to put Seaport Shutters out of business. The Board also noted the need for better delineation of parking spaces. Motion made to overturn the building inspector's decision that Seaport Shutters had become a gift shop, 2nd, Board all in favor. Motion made by Mr. Harrison to amend Seaport Shutters' special permit to specify the sale of "specialized home furnishings and/or not mass produced, one- of-a-kind items," 2"d by Mr. Stewart, Board all in favor. 02-28. Mark Gerard, 35 Capt. Dunbar Rd., Map 7, Lot 13. Request for a special permit under Brewster Zoning By-law, Art. VIII, Sec. 179-25 (B), to add a second floor with balcony, a first floor bay window, and enclose a covered porch in a pre-existing, non-conforming dwelling within fifty (50) feet of an area subject to flooding. Robert Perry, P.E., represented the applicant. Hearing this case were Messrs. Jackson and MacGregor; Ms. McInerney; Messrs. Stewart and Thibodeau. Mr. Perry summarized the plans and work at the site. Work was begun under a much revised plan after the original building permits had expired. A stop work order was issued by the Town building department when only a bay window on the east side remained to be completed. The bay window addition was omitted from plans submitted to the Historic District Committee. Permit applications have also been flied with the Historic District Committee, and Conservation Commission. No changes have been made to the dwelling's footprint. Parts of the foundation have been rebuilt. Additions to the roof line and a second floor addition have changed the building's outline. The porch has been enclosed, roof shingles replaced, and a cantilevered balcony installed. The Board asked about any prior ZBA decisions (None). Mr. Jackson summarized the history of the renovations: The owner Mr. Gerard obtained a building permit to remodel in 1998, more work was done than the building permit allowed, and the building permit had expired. Mr. Thibodeau recommended that ZBA defer its decision until the Conservation Commission has made its determination, since the renovations are being done within fifty (50) feet of an area subject to flooding. 3 Mr. Stewart referred to Building Inspector's Staley's letter, which noted the absence of site plans and elevation drawings in the original filing and the need to have floor plans reviewed by the fire and health departments. Ms. McInerney believed the renovations suited the dwelling and the neighborhood and she supported ZBA approval, conditional upon CC approval. g Discussion was opened to public input. No comments. Closed to public input. Motion made by Mr. MacGregor to continue Case #02-28 until August 13, 2002, 2"d by Mr. Stewart, Board all in favor. 02-29. Frank J. Shealey, 150 Pine Ridge Rd., Map 21, Lot 119. Request s for a variance under Brewster Zoning By-law, Art. V, Sec. 179-15, to construct a :t sunroom within the 20-ft. side yard setback. Hearing this case were Messrs. Freeman, Harrison, Jackson, MacGregor, and Thibodeau. A Owner Frank Shealey summarized the bases for the variance request and { presented several photographs and sunroom plans to the Board. The prefabricated addition will extend 11 1/2 feet from the southerly side of the dwelling and 2 1/2 feet into the setback. It will be transported intact from the manufacturing site and set in place on appropriate footings. Access will be had through a new door opening from the dwelling. There was no public input. w The Board commented on the severe site undulations, and the Town building commissioner's memo supported a variance. Abutters' dwellings are barely discernible from the sunroom side of the dwelling. The Board concluded that the applicant had made a convincing case. R Motion made by Mr. Harrison, 2"d by Mr. Thibodeau, Board all in favor to grant a variance in case #02-29. 02-30. Arthur and Carleton Luke, Trustees, 15 Lower Rd., Map 20, Lot 39. Request for a special permit under Brewster Zoning By-law, Art. IV, Sec. 179-11, Table 1, Use Regulations, Retail and Service #3, to allow a coffee and baked goods shop in the Village Business (VB) district. Present were Andrew Singer, Esq., and Paul Covell, Agent. Hearing this case were Messrs. Freeman, Jackson, and MacGregor; Ms. McInerney; and Mr. Thibodeau. 4 Mr. Singer described the property. There are three (3) shops on the ground floor with three (3) apartments above. The applicants have been heard by the District Planning Review Committee and the Planning Board and have agreed to upgrade safety measures, traffic flow, and the site's appearance. The ZBA approved the three (3) shops at the site in 1986, and the applicants are now requesting an amended or new special permit and/or variance. The new use will meet the purposes of the Village Business (V-B) zone. There are no changes to the building or its footprint. Applicants agreed to signs for additional parking and an area for employees' parking. Traffic on site will move from east to west. Selected parking and no- parking areas will be striped accordingly. The Board asked the applicant to delineate additional parking requirements with appropriate signage, such as "No Parking" signs along the sides and rear of the building. Water use conditions should include absorbent pillows in the catch basins. The Board asked about a "Dunkin' Donuts" franchisee as a possible tenant. The operator's name would have to appear on the Historic District Commission and food service permit. Mr. Stewart noted that the Town Planning Board had imposed a requirement that deliveries be made to the side and rear of the building only. Discussion was opened to public input. Ms. Susan Fleming, proprietor of a donut shop in Foster Square, believed that the applicants hadn't behaved honestly, since the sole Cape franchisee has been having legal difficulties with Dunkin' Donuts. Mr. Covell stated that the applicants have made no formal use arrangement with any operator. Discussion closed to public input. Board members commented that they have no authority to decide who uses a property, and that the application has passed all of the Town Boards' scrutiny. A carefully drawn site plan substantially aided the application before the ZBA. They concluded that it was a good use of the building. Motion made by Mr. Jackson to amend the special permit to allow a coffee and baked goods shop in the Village-Business (V-B) district, provided the operator meets all of the conditions of the other Boards including the DPRC, 2nd by Mr. Thibodeau, Board all in favor. 02-31. Paraclete Press/HKN Trust, Southern Eagle Cartway, Map 30, Lot 18/1. Request for a special permit under Brewster Zoning By-law, Art. VIII, Sec. 179-25 (B), to replace a pre-existing, non-conforming sign with a new one of the same size and materials. 5 Susan Norman of Paraclete Press presented the application. Hearing this case were Messrs. Freeman and Jackson; Ms. McInerney; Messrs. Stewart and Thibodeau. Paraclete Press has been doing business at the site since 1990 and has never had an identifying sign. The sign, located on the property of an adjacent cement company, had previously been used by the Ponderosa Landscaping Co., which has moved. The new sign will be 24"x30" with the name " Paraclete Press" and a directional arrow to the building and will simply replace the landscaping company sign, which is suspended from hooks in the frame. There was no request for public input since no other persons were resent. q p p p P The Board commented that the current sign was pre-existing and non- conforming, and therefore not subject to the smaller size restrictions in the current sign code. Motion made by Mr. Jackson to grant a special permit in case #02-31, 2nd by Mr. Thibodeau, Board all in favor. Motion made to adjourn at 10:00 P.M., 2nd, Board all in favor. a 4 3 t d j$ R I i !4 t 6 i S d f 7. 02-30. Arthur and Carleton Luke, Trustees, 1S Lower Rd., Map 20, Lot 39. Request for a special permit under Brewster Zoning By-law, Art. IV, Sec. 179-11, Table 1, Use Regulations, Retail and Service #3, to allow a coffee and baked goods shop in the Village Business (VB) district. 8. 02-31. Paraclete Press/HKN Trust, Southern Eagle Cartway, Map 30, Lot 18/1. Request for a special permit under Brewster Zoning By-law, Art. VIII, Sec. 179- 25 (B), to replace a pre-existing, non-conforming sign with a new one of the same size and materials. 9. REVIEW OF FYI ITEMS AND ANY OTHER BUSINESS. Date posted Signature -- Adm. Clerk By whom Cancelled/Re-scheduled meeting :� ;i :� k 3 x 3 3 i (� t 3 7 t 5 a F { f t S i