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Home My Public Portal AboutZoning Board of Appeals -- 2002-11-12 Minutes TOWN OF BREWSTER PUBLIC MEETING MINUTES OF ZONING BOARD OF APPEALS Tuesday, November 12, 2002 7:00 P.M Brewster Town Office Building Mr. Freeman brought the meeting to order at 7:00 P.M. Ms. McInerney was excused. Mr. Freeman reported that a revised site plan for Frederick Court (Case #02-25) was in progress. There was a discussion on the wording of the decision. The applicant has agreed to an extension of the decision deadline (11/17/02). Mr. Freeman reported that the Town Planning Board reconsidered its decision to postpone the "shed" issue from the November Town warrant and recommended to the Selectmen that it be included in the agenda. This Board (ZBA) had liked the concept, but not the language. Mr. Freeman reported that the affordable housing article may be withdrawn from the Town Meeting in light of the State's recently issued criticism of it. Mr. Freeman reported that his request for a legal opinion, re: Case #02-37, Judith and Theodore Brown, was turned down. The minutes of October 8, 2002, were approved as read. 02-37. Judith and Theodore Brown, 225 Rocky Hill Rd., Map 27, Lot 22-1. Appeal the zoning inspector's decision under Secs. 8 and 15, Mass. General Law, Chap. 40A, in order to continue the operation of a landscaping business in an R-L district. Mr. Neil Roberts, Esq., appeared for his colleague David Woods, Esq., the attorney for the applicants, who were not present. Mr. Woods was unable to appear because of travel commitments. Mr. Roberts said that the Browns would also seek a variance and were applying for a lease in Commerce Park in order to move their landscaping business from its present location. Mr. Freeman read from Mr. Woods' letter, requesting a continuance. Mr. Thibodeau moved, 2nd by Mr. Jackson, that Case #02-37 be continued until the meeting of January 14, 2003. Board all in favor. i 02-38. Peter Brandt and James Trainor, Off Freeman's Way, Industrial Way, Lot #3, Commerce Park, Map 46, Lot 41. Request a special permit under Brewster Zoning Bylaw, Art. XI, Sec. 179-583 (8), to change the use of an existing 15,000 sq. ft. building on a three (3) acre lot in an Industrial zone in order to operate a motor vehicle service and repair business, including.the storage, sale, and export of used automobiles. Mr. Freeman reported that certain errors in the legal advertisement were discovered too late to be corrected. The applicants have already agreed to a postponement. Mr. Harrison moved to continue case #02-38 until the December 10th meeting, t{ 2nd by Mr. Nixon, Board all in favor. 02-42. Ann and Edward Gilmore, 856 Millstone Rd., Map 33, Lot 18-1. Request a special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179-11, Table 1, Item 3.1, and Table 2, Note 14, to allow an accessory apartment for use by family members. Mr. Edward Gilmore and Mr. William Crowell, Esq., were present. Hearing this case were Messrs. Freeman, Harrison, Jackson, Lach, and MacGregor. Mr. Crowell gave a brief history of the request. The Gilmores had contracted to buy the property from the previous owners, the Chamberlains. Mr. Crowell read a letter from the Chamberlains, authorizing the Gilmores to apply for the accessory apartment, since the sale of the property had not closed. Mr. Crowell had attached a 1993 decision of the Board, which was granted to the Chamberlains for the identical accessory apartment. The total area of the apartment is approx. 509 sq. ft. The Gilmores' mother-in- law will be in residence. The Gilmores agree to all of the restrictions that were stated in the 1993 decision. The Board satisfied itself that the Bylaws had not changed. The Building Commissioner's letter stated that the special permit ran with the owner. The Board asked questions about the plans presented with the present application. Discussion opened to public input. None heard. Closed to public input. t Motion made by Mr. Lach to approve the request for a special permit in case #02-42 for the same reasons as in the 1993 decision, 2nd by Mr. MacGregor, Board all in favor 2 02-43. Dorothy and Erik Johnson, 1398 Long Pond Rd., Map 42, Lot 34-2. Request a variance under Brewster Zoning Bylaw, Art. X, Sec. 179-52, to allow an addition to the dwelling to extend approx. three (3) feet into the side yard setback. Hearing this case were Messrs. Freeman, Harrison, Jackson, MacGregor, and Nixon. Dorothy and Erik Johnson were present. They stated that they began construction of the addition with a valid building permit. After the foundation was finished and the framing was up, the Town building department requested a site plan. The building department approved a footing plan in August 2001. In September 2001, the building department notified the Johnsons that the foundation extended three (3) feet into the side yard setback. An early 1984 drawing of the lot and dwelling, executed by Felco Engineering, showed the dwelling parallel to the lot line. The Town issued the building permit on the basis of this site plan. Discussion was opened to public input. No comments heard, discussion was closed to public input. The Board agreed that the cause of the incursion into the side yard setback was the inaccurate 1984 plan and that it was an honest mistake. The Board reviewed the variance criteria, and Mr. Jackson noted that a case could not be made for a variance for the /and. Mr. Freeman noted that a basis for a variance in this case lay in the "affected structure." Considering the facts that the Town issued the building permit on the basis of the 1984 plan and that substantial construction has been completed , Mr. Harrison moved to approve the variance, 2"d by Mr. MacGregor, Board all in favor. 02-39. Jeffrey Karlson, Lot 1, Cape Lane, Map 42, Lot 2-501. Request a special permit under Brewster Zoning Bylaw, Art. XI, Sec. 179-58 B (6), to construct a commercial building and parking area, resulting in impervious cover greater than fifteen (15%) per cent of the lot. Present were Mr. Karlson and Meyer Singer, Esq. Board members hearing this case were Messrs. Freeman, Harrison, MacGregor, Thibodeau, and Stewart. 3 Mr. Singer outlined the application as s special permit for excess impervious coverage of the site and a variance for relief from paved parking spaces. He acknowledged prior notice from the Board that the variance had not been advertised and agreed to return for the variance portion of the hearing in ;z December. He also noted that the Planning, Board has approved the variance portion of the application. The property, entered from Cape Lane, is opposite the Millstone Rd. junction with Rte. 137. Mr. Singer reviewed the dimensions and specifications of the ,a proposed 4,100 sq. ft. building, the front of which faces the parking lot. Mr. Singer presented a revised site plan, reflecting the Planning Board and Historic District Committee's request to blend landscaping into the parking areas. The proposed use is for real estate sales and rentals. Mr. Singer read from a traffic study that predicts low volume with no adverse impact on the community. He distributed a list of Planning Board conditions that the applicant had agreed to. The impervious surface of the project exceeds 2,500 sq. ft. The Water Quality Review Committee has issued its approval with certain conditions. The Board asked if the vegetation shown in the original site plan will remain. Answer in the affirmative. Building footprint was calculated at 3,303 sq. ft., seven (7) per cent of the site area. Impervious area is 10,560 sq. ft. of the 15, 760 sq. ft. site. Graveled parking areas = 5,200 sq. ft. Discussion was opened to public input. Brian Izvoda, 1250 Long Pond Rd., inquired about parking lot lighting. Lighting will consisti of three (3) lights atop twelve (12) foot poles and directed downward. Five (5) outside lights will illuminate the building. Lights will go off at 10:00 P.M. Mr. Izvoda seemed satisfied with the answers. Discussion closed to public input. Board all in favor. 7� The Board agreed on an excellent presentation. Mr. Thibodeau moved to approve a special permit in Case #02-39, 2nd by Mr. MacGregor, Board all in favor. Applicant will return for consideration of the variance at the December 10th meeting. 02-40. Chillingsworth, Inc. (Patricia and Robert Rabin), 2421 Main St., ,5 Map 15, Lots 74 and 75. Request a special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179-11, Table 1, Item 3, to operate a pastry and gourmet food shop in a V-B district. x Patricia and Robert Rabin appeared and requested a continuance until the December loth meeting, citing a need for further documentation of their request. Mr. Harrison moved to approve a continuance, 2nd by Mr. Thibodeau, Board all in favor. 3 4 E 02-41. Justin and Shoshannah Dibble, 75 Zona Dr., Map 37, Lot 15-18. Request a special permit under Brewster Zoning Bylaw Art. IV, Table 1, Item 3.1, and Table 2, Note 14, to allow an accessory apartment for use by family members. The applicants were not present. A motion was made to continue the case until December, 2"d, Board all in favor. No further business to conduct, the Board approved a motion to adjourn at 9:00 P.M. 5 4 i 1 °�y i �S i S t �� i 3 5 s 4. yaS L ~�� 3. �� :�«y9 i. :� i. �� t� I, y�a �� t �}{{ l '.3 ?. �� tts i A.s y }�