HomeMy Public PortalAboutZoning Board of Appeals -- 2002-10-08 Minutes • x
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TOWN OF BREWSTER
PUBLIC MEETING
MINUTES OF ZONING BOARD OF APPEALS
Tuesday, October 8, 2002
7:00 P.M
Brewster Town Office Building
Mr. Freeman brought the meeting to order at 7:00 P.M.
02-25: Continuance of Frederick Court Development Corp., Off
Brewster Rd. and Alden Dr., 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
all of the units at or below 50% of median income.
Mr. Princi, attorney and spokesman for the project, reported Historical District
Committee (HDC) approval of site and elevation plans. The District Planning
Review Committee (DPRC) has signed off on the project. The Conservation
Commission (CC) has signed off on the elevation plan.
Interior plans are the same. Exterior changes consist of an additional cupola for
a total of two, using cedar siding shingles , changes in window spacing, using
asphalt roof shingles, and trim modifications.
There was a discussion of the roof length. A letter from the architect explained
that the cupolas provided necessary air flow. A waiver was requested for the
cupolas and the excess height of the roof line, a difference of 16.7 feet.
Engineer Robert Fitzgerald reported that Roy Jones, Brewster fire chief, had
agreed with his clean-up plans for the oil splotch. The clean-up company's
evaluation of the material is in progress. After analysis, a planned removal will
be followed.
Site plan changes include 10x20' parking spaces, travel lanes of 24' width, and a
total of thirty (30) parking spaces with six (6) handicapped spaces.
Trees will be donated from local landscapers, including six (6) red oaks, two (2)
Bartlett pears, and ornamental shrubs. A total of thirty-five (35) Leland
cypresses, an increase of fifteen (15), will provide a screen on the abutters' side.
Four major variances were requested under Brewster Zoning bylaw, Sec. 179-15:
(1) For the paper cul-de-sac, forty (40) feet is required; twenty (20) feet is
requested; (2) The roof line exceeds the thirty (30) foot maximum height by
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16.7 feet; (3) The minimum setback on the residential side is twenty-five (25)
feet. A five (5) foot waiver is requested; (4) A waiver for a multi-family dwelling
in an R-M zone is requested.
The Board asked about parking spaces for guests during special occasions. Mr.
Princi reasoned that not every resident would own a car and that staff parking
across the street about 100 feet away might provide for any overflow. Ms.
Jackalyn Courchesnes, Brewster Housing Authority, referred to an additional nine
(9) parking spaces in an adjacent area. No more than seventy-one (71%) per
cent of allotted spaces in these projects is typically used. Mr. Fitzgerald added
that an already cleared area adjacent to the project is owned by the
Massachusetts Community Development Authority.
The Board discussed other aspects of the plans, including eight (8) feet added to
the cupola height, preserving Alden Dr. for emergency use by restricting access
only to abutters, a ten (10) foot paved access drive, a chained fence with
combination lock (combination known to fire dept.).
Mr. Princi submitted a proposed draft of the decision in this case for the Board's
consideration.
The Board asked questions about an eight (8) foot square pad for the dumpster,
location of the main entrance at second floor level, a lower level entrance for
residents, and a twelve (12) foot drive with ninety (90) degree turns.
The Board was asked for comment: Board members reminded the applicant that
the sign must be in compliance with the bylaw. The Board should have had
another proposal from the architect regarding the second cupola and the change
to cedar shingles. It should be noted that the cost of the land acquisition was
$25,000.
Mr. Princi noted that the cost of stepping down the roof line would have been
greater than having two (2) cupolas.
Comment was opened to public input. Mr. Roy Robinson, representing the HDC,
noted their approval and recommended ZBA approval. Ms. Elizabeth Taylor,
chairperson, Planning Board, questioned changes in the plans and recommended
a buffer of Leland cypresses along the line of abutters' properties. She noted
that the federal Department of Housing and Urban Development was critical of
"eyebrow" windows and dormers, and she asked about sidewalks. Mr. Fitzgerald
said that sidewalks have not been included in the plans and added that they
were desirable for new developments.
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Discussion focused on how sidewalks encourage walking. The Board made
suggestions that sidewalks be built around the building and parking lot
perimeter. A cross walk for Alden Dr. was recommended. A suggestion was
made for a walkway from the street entrance to the crosswalk, including some
steps and a five (5) foot width in a northerly direction.
Some of the existing trees and vegetation would be kept. Ms. Courchesne said
no additional plantings were in the budget. Mr. Fitzgerald said that the builders
will work around specimen trees on the site. Coverage of the area, building and
paving, totals 8.3% of the three-acre site.
Ms. Taylor reminded the applicants that the open space portion of the site stays
the same in perpetuity. Mr. Princi stated that he had no problem with that.
Motion to close public input, 2nd, Board all in favor.
The Board reviewed with the applicants the following conditions for granting the
comprehensive permit:
1. Dimensions for signage to be observed.
2. Roadway remains closed to through traffic.
3. oil spill clean-up before building permit is issued.
4. Sidewalks to be incorporated into plan and approved by Board.
5. Builders to work around specimen trees existing on site.
6. Fifteen (15) additional Leland cypress trees to be added to the line of
twenty (20) facing abutters' properties.
Motion made by Mr. Jackson to approve the comprehensive permit for Case #02-
25 with stated conditions, 2"d by Mr. MacGregor, Board all in favor
02-35: Joseph and Loretta Norton, 133 Long Pond Rd., Map 25, Lot 28.
Request a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25
(B), to add a 424 sq. ft. addition, including a family room, porch, and basement,
to the north side of a pre-existing, non-conforming three (3) bedroom dwelling,
with no further incursion into the side yard setback.
Hearing this case were Messrs. Freeman, Jackson, Lach; Ms. McInerney; and Mr.
Stewart.
Mr. and Mrs. Norton were accompanied by Mr. Colin Leonard, contractor. Mr.
Leonard said their purpose was to increase the dwelling's usable family space
and to follow the Historic Distrcict Commission's regulations. There is a private
way to the east of the property with a sixteen (16) foot setback. The proposed
work conforms to the bylaw. The result will be a 1,600 sq. ft. house with two-
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and-a-half (2 1/2) bedrooms. The septic system's capacity is four (4) bedrooms.
There will be a full basement, and the window spaces will be larger than normal.
The entire addition will meet setback requirements.
The HDC granted approval to the project with minor changes, e.g., windows with
insulated glass, overlapped siding with shingles to hide the rear elevation of the
foundation. Natural vegetation screens the property from neighbors.
One Board member expressed approval of the project. Mr. Freeman read from
the Goldhirsch decision.
Discussion opened to public input. None heard. Closed to public input.
There was a consensus among Board members that the details and purpose of
the addition were clear. Motion by Mr. Jackson to grant a special permit per the
plans submitted, 2"d by Ms. McInerney, Board all in favor.
02-36: Edward and Pamela Pavlu, 329 Lund Farm Way, Map 27, Lot 89.
Request a special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179-11,
Table 1, Residential #3.1, to allow an accessory apartment for use by family
members, and a variance under Art. V, Sec. 179-16, Table 2 "Area Regulations,"
Note 14, to allow an accessory apartment larger than permitted under the bylaw.
Mr. and Mrs. Pavlu were accompanied by Attorney Stephen Jones.
Hearing this case were Messrs. Freeman, Lach, Mr. MacGregor; Ms. McInerney;
and Mr. Stewart.
Mr. Jones stated that both of Mrs. Pavlu's parents, the proposed residents for the
accessory apartment, are expected to be wheel-chair bound and that the
apartment is in the basement, entirely within the dwelling's footprint. He
asserted that the 600 sq. ft. maximum in the zoning bylaw was logically meant
for only one person. The Pavlus are requesting 892 sq. ft., by their estimation,
for two persons.
The Board responded that the bylaw states that 600 sq. ft. is adequate and
asked the applicants if they could justify the additional space. The Board
calculated the total space for the apartment at approx. 1,400 sq. ft.
Mr. Jones asserted that the topography surrounding the dwelling created a
hardship that would justify granting a variance in this instance, since the
apartment has been created entirely in the basement. The ground slopes
harshly to the north, which mandates a west side exit. An emergency exit
underneath the deck is unsatisfactory for normal use. If it weren't for the exit
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problem, the Pavlus could eliminate the dining room next to that west side exit
and bring the square footage into compliance. Literal enforcement of the bylaw
would mean that her parents would have to be housed elsewhere at much
greater expense.
The Pavlus are asking for relief through a variance without detriment to the
neighborhood. There are no obvious changes in the original plans. There is no
derogation of the bylaw in the granting of the relief. The additional space is
warranted for two persons, both of whom are expected to be in wheel-chairs.
The architect is reported to have estimated the size of the apartment at 1,029
sq. ft.
The applicants stated that the Council on Aging was consulted for wheel-chair
access standards. Both exits are handicapped accessible. The excavator has
tiered the access path to the west exit. The Board suggested that a sliding door
under the deck was not acceptable for emergency egress.
The Board asked why the Pavlus couldn't have any access they wanted as long
as the size of the apartment met the bylaw. Mr. Jones responded that there was
no way to arrange the layout to meet 600 sq. ft.
Mr. Freeman read Building Comm. Thyng's letter regarding the 600 sq. ft. limit.
Mr. Jones believed that the dining room could be removed if the Pavlus didn't
need the west side door for access. The Board asked if alternate plans had been
considered or drawn. Answer in the negative.
Discussion opened to public input. Ms. Taylor raised the possibility that the size
limit might be affected if a proposed article on affordable accessory apartments
with a 900 sq. ft. maximum passes Town Meeting. Move to close public input,
2nd, Board all in favor.
Board members were polled. Several members expressed concern over the
apartment's size, approx. 1,400 sq. ft. One member suggested that extenuating
circumstances existed because the residents were potentially wheel-chair bound.
A motion to continue the case for alternate plans was stayed while the applicants
and Mr. Jones retired to confer.
Mr. Freeman announced a Nov. 7th workshop on affordable housing and zoning
issues at Harwich Comm. Center. Several members expressed interest in
attending.
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The minutes of July 25, 2002, were approved as corrected. The minutes of
September 10, 2002, were approved as corrected.
Messrs. Freeman and Jackson were nominated and elected unanimously as
chairman and vice-chairman respectively for the year 2003.
Discussion with Mr. and Mrs. Pavlu and Mr. Jones resumed. The applicants
believed that they could offer no alternatives that would bring their plans within
the dimensional requirements and asked permission to withdraw their application
without prejudice. Motion by Mr. Thibodeau to accept their withdrawal request,
2nd by Mr. Stewart, Board all in favor.
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The Board discussed the Planning Board's proposed zoning bylaw changes for
the November 18, 2002, Town Meeting. Members were urged to attend the
Planning Board meeting to discuss these proposals on October 22, 2002. Motion
made by Mr. Stewart to ask the Planning Board to withdraw the definition of
"shed" from Article 19 of the proposed changes, 2"d by Mr. Thibodeau, Board all
in favor.
Mr. Stewart moved to remove the restriction on the number of bedrooms in the
decision in case #02-21 (O'Brien/Grandy), 2"d by Ms. McInerney, Board all in
favor.
Motion made to adjourn at 9:30 P.M., 2"d, Board all in favor.
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