HomeMy Public PortalAboutZoning Board of Appeals -- 2002-08-13 Minutes TOWN OF BREWSTER
PUBLIC MEETING
MINUTES OF ZONING BOARD OF APPEALS
Tuesday, August 13, 2002
7:00 P.M
Brewster Town Office Building
The meeting began at 7:00 P.M. The minutes were approved as corrected.
Mr. Freeman read the names of persons that he had recommended to the Board
of Selectmen to fill ZBA vacancies. The Selectmen interviewed candidates on
July 15, 2002, and their decisions are forthcoming.
Ms. McInerney spoke about ZBA rules of procedure for 40B applications and
submitted the Town of Bourne rules to the other members for their
consideration. The Board decided to discuss this matter as a committee of the
whole after the meeting on Monday, September 9, 2002.
02-33. Harwich Ecumenical Council for the Homeless, Inc. (Yankee
Drive Townhouse), Yankee Drive and Route 137, Map 26, Lot 1A-1.
Request a modification of a Comprehensive Permit under M.G.L. Chap. 40B,
Secs. 20-23, to allow the transfer of the permit from SM Realty Trust/Yankee
Drive II Realty Trust to the Harwich Ecumenical Council for the Homeless, Inc.
(HECH); to authorize the conversion from a home ownership project to a rental
project; to designate HECH as the owner/manager of the project and the parry
responsible for maintenance of the property; and to reduce the percentage of
affordable units to 50 (%) per cent.
Mr. Freeman reported to the Board that no abutters' list, pro forma, and fee
were submitted with the application. Mr. Thibodeau moved to continue the case
to the next regular meeting when the application should be complete, 2"d by Mr.
Harrison, 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.
Hearing the case were Messrs. Freeman, Harrison, Jackson, MacGregor, and
Stewart. Attorney David Woods, appearing for the applicant, submitted revised
plans for the proposed 10'x12' (approx. 119 sq. ft.) addition to the building.
He briefly reviewed the property's history under Mr. Brown's ownership, including
parking, the original C-H (Commercial-High Density) zoning, a nursery grant and
variance, and frequent driveway flooding.
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Flooding control will be achieved by doubling the size of the catch basin from
eight (8) feet to sixteen (16) feet.
The Board asked how many parking spaces would be needed for the new uses in
the R-M portion of the building. Mr. Woods said the area was unpaved and
covered with crushed stone. Parking will be added in the V-B zone. Plans show
approx. forty (40) parking spaces.
There are two (2) signs on the building, "espresso" and "herbs." No signs will be
changed in size or shape. He asked that Mr. Brown be permitted to move the
espresso sign into the R-M portion of the building.
The specific uses to be allowed under the special permit in the R-M portion of
the building are the sale of takeout food (including espresso), health and nursery
products, and medicinal herbs. Mr. Brown has withdrawn the request for a
restaurant operation.
The Board read portions of the building inspector's June 11, 2002, letter
regarding takeout food in the V-B zone of the building and the problems with
seating customers. A discussion ensued over the amount of space in the
building that would be devoted to agricultural uses. It was agreed that the
special permit could include a blending of uses.
Questions were raised regarding the espresso sign and a special permit for food
service. The Board read a letter from the Planning Board regarding the
extension of specific uses from the V-B zone into the R-M zone. There was
general consensus that parking spaces needed delineation.
The existing greenhouse would be removed or used for storage or office space.
It was decided that the special permit would only apply to the R-M portion of the
building and not the entire R-M zone of the property. Professionally drawn plans
for the catch basin enlargement must be submitted to the Brewster Department
of Public Works for approval.
Potential traffic problems were raised. There was a consensus that the specific
uses extending into the R-M portion of the building would cause no substantial
increase in traffic.
The Board decided to allow a total of eighteen (18) seats inside and out. The
Board asked if parking were available on the side and rear of the building.
Answer in affirmative.
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Discussion was opened to public input. Ms. Elizabeth Taylor, Planning Board
Chairperson, reported that one (1) parking space was needed for every 200 sq.
ft. of building space. The Board responded that three (3) times the number of
required spaces were shown on the plan.
It was reported that Mr. Baskin, proprietor of the adjacent True-Value hardware
on the east side of Mr. Brown's property, has agreed to share the cost of
enlarging the catch basin.
Motion made to close public input, 2"d, Board all in favor.
Board opinions were surveyed. Uses to be extended into the R-M zone met with
general approval. An adequately engineered and constructed catch basin and
delineation of parking spaces on the side of the building would have to be part of
the special permit.
Mr. Harrison moved to grant a special permit under Brewster Zoning Bylaw, Art.
II, Sec. 179-5 (E), extending specific "retail and services" uses -- the sale of
takeout food, health and nursery products, and medicinal herbs -- from the V-B
portion into the R-M portion of the building and permitting the espresso sign to
,extend into the R-M portion, with the following conditions:
1) Maintain a minimum of 800 sq. ft. of agricultural use throughout the
building, based on the revised building plans.
2) Eliminate or substantially reduce driveway flooding through the
installation of a professionally designed drainage system approved by the
Brewster Department of Public Works, prior to the issuance of an occupancy
permit for the addition to the original building.
3) Delineate standard 10'x20' parking spaces via the use of devices such
as car bumpers, based on the August 12, 2002, drawing.
4) Limit the number of chairs to eighteen (18) inside and out with no
more than six (6) in the R-M zone.
5) Maintain the balance of the R-M portion of the lot as it is presently.
Second by Mr. MacGregor, Board all in favor.
02-28. Continuance of Mark Gerard, 35 Capt. Dunbar Rd., Map 7, Lot
13. Request 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 to
enclose a covered porch in a pre-existing, non-conforming dwelling within fifty
(50) feet of an area subject to flooding.
Hearing this case were Messrs. Jackson and MacGregor; Ms, McInerney; Messrs.
Stewart and Thibodeau. Engineer Robert Perry, representing the applicant,
submitted a letter requesting a decision in the case or a continuance. Mr.
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Thibodeau moved to continue the case until the next scheduled meeting, 2nd by
Mr. Stewart, Board all in favor.
02-32: Audrey P. Vermont, 13 Philbrick Rd., Map 5, Lot 75-2. Request a
special permit under Brewster Zoning Bylaw Art. VIII, Sec. 179-25 (6) to perform
interior renovations and add a bath, bedroom, living room, screened porch, and
a deck to a pre-existing, non-conforming dwelling. Request a variance under
Brewster Zoning Bylaw Art. V, Sec. 179-15, Table 2, "Area Regulations," to
extend the additions no farther into the setback than the existing dwelling.
Hearing this case were Messrs. Freeman, Harrison, Jackson; Ms. McInerney; and
Mr. Stewart. Presenting the case were Attorney Stephen Jones, accompanied by
Mrs. Vermont.
Mr. Jones referred to the building commissioner's letter of June 26, 2002, and
outlined the basis for requesting a special permit and the alternative granting of
a variance. Regarding the capacity of the septic system, he submitted the Board
of Health's endorsement to his letter of June 18, 2002, for three (3) bedrooms.
The 14,745 sq. ft. lot dates from 1957. There is thirty-five (35) feet of frontage.
The dwelling is pre-existing and non-conforming. It is in compliance with current
east side setback requirements. The plans have received HDC approval. The
deck will extend approx. two (2) feet into the west side setback. The deck will
be 17.5 feet from the side-line.
Referring to the 1992 decision in the Goldhirsch case regarding pre-existing, non-
conforming structures, the Board agreed that there was no intensification of the
existing non-conformity, but that a new non-conformity was created with the
incursion into the setback. The plans showed a doubling of the dwelling's
footprint.
Mr. Jones reviewed details of the proposed addition. Existing bedrooms and the
kitchen will be enlarged. The existing bath will become a lavatory. A dining
area, additional bedroom, a full bath, and living area will be added.
Mrs. Vermont noted that her husband's knee problems mandated keeping living
spaces on one floor. They do not want the addition to encroach on the east side
setback, so as to line up the proposed rooms with the general plane of the
original dwelling. She agreed that the proposed deck could be moved 2.5 feet
east to avoid an encroachment into the setback.
Discussion opened to public input. Ed Philbrick, abutter to the north, and Bruce
Philbrick, abutter to the west, supported the petition. Art Chafee, abutter to the
east, was concerned about preserving the existing trees, but was also in favor.
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Motion to close public input, 2nd, Board all in favor.
Board position was favorable to the request. Mr. Stewart affirmed that the
proposal suited the Goldhirsch decision in that it was not detrimental.
Motion made by Mr. Jackson to approve the request for a special permit in Case
#02-32, provided the proposed deck is moved 2.5 easterly to preserve the
twenty (20) foot side setback, 2nd by Mr. Stewart, Board all in favor.
Motion made by Mr. Harrison to concur with Attorney Jones's request to
withdraw the request for a variance with prejudice, 2nd by Mr. Stewart, Board all
in favor.
Under other business, the Board decided to discuss Town proposals on
affordable housing following the scheduled case hearings on Tuesday,
September 10, 2002.
The Board adjourned at 10:15 P.M.
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