HomeMy Public PortalAboutZoning Board of Appeals -- 2002-12-10 Minutes TOWN OF BREWSTER
PUBLIC MEETING
MINUTES OF ZONING BOARD OF APPEALS
Tuesday, December 10, 2002
7:00 P.M
Brewster Town Office Building
The meeting began at 7:00 P.M. Mr. Freeman reported that Mr. Lach would
arrive later in the meeting. Messrs. Jackson, MacGregor, and Thibodeau were
excused.
The minutes of the previous meeting were approved as read.
02-38. Continuance of 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. 179-58.B (8), to use
an existing 15,000 sq. ft. building on a three (3) acre lot in an Industrial zone for
a motor vehicle service and repair business, including the storage, sale, and
export of used automobiles.
Mr. Freeman read a letter from Harrison Barrow, Esq., counsel for the applicants,
requesting a continuance. Mr. Stewart moved that Case #02-38 be continued
until February 11, 2003, 2nd by Mr. Nixon, Board all in favor.
02-39. Continuance of Jeffrey Karlson, Lot 1, Cape Lane, Map 42, Lot
2-501. Request a variance under Brewster Zoning Bylaw, Art. VII, Sec. 179-23A
(2), and Art. XII, Sec. 179-67E (3) and (8), to allow a reduction in impervious
surface for the parking areas of a proposed commercial building.
Mr. Karlson and Attorney Myer Singer were present. Hearing this case were
Messrs. Freeman and Harrison; Ms. McInerney; Messrs. Nixon and Stewart.
Mr. Singer summarized the case. Mr. Karlson proposes that twenty-six (26) of
the twenty-nine (29) parking spaces remain unpaved and be covered with
bluestone. The lone access to the parking lot is from Cape Lane. The driveway
portion and the handicapped spaces will be paved.
This application satisfies the "otherwise" type of hardship, in that paving most of
the lot would ignore aesthetic and environmental purposes and zoning bylaws,
sections 179-67 E (8) and 179-58 B (6), which attempt to minimize bituminous
and other impervious surfaces in both a Corridor Overlay Protection District and a
Ground Water Protection District (GWPD), where the property is located.
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The COPD committee has already issued a special permit. The application has
also received approval from the District Planning Review Committee and the
Water Quality Review Committee. Mr. Singer distributed to the Board members
the decision of the WQRC. The Planning Board has endorsed the use of
bluestone.
Satisfying the aesthetic purposes of the application would not make it
detrimental to the public good.
Ms. McInerney wanted to know how the request satisfied the "soil or
topography" hardship criterion. Mr. Singer replied that ground water conditions
in the GWPD generated consideration of the paving as a hardship, since rain
water would run off and not replenish the underlying acquifier. The use of
bluestone instead of paving is at once an aesthetic and environmental response
to that hardship.
The Board discussed the conflicts between variance conditions and the provisions
of the GWPD.
Discussion opened to public input. None heard. Discussion closed to public
input.
Mr. Harrison moved to grant a variance in case #02-39, 2nd by Mr. Stewart,
Board all in favor.
02-41. Continuance of 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.
Justin and Shoshannah Dibble were present. Hearing this case were Messrs.
Freeman and Harrison; Ms. McInerney; Messrs. Nixon and Stewart.
The Dibbles own a lot with pond frontage and a large easement. The
Conservation Commission asked them to move the lot line away from the pond
and took the garage out of the easement.
They have many family members living worldwide. The accessory apartment is a
family-funded project.
The Board wanted to confirm that the drawings showed the apartment as a
large, single room. Answer in the affirmative. The Dibbles said that a mother-
in-law may move into the apartment.
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The septic system has a five-bedroom capacity.
Access to the apartment from the house is through the mudroom on the first
level. There will be a kitchenette in the apartment.
The Board pointed out that the zoning bylaw restricted accessory apartment uses
to immediate family members, such as parents, in-laws, or siblings, or a
caregiver over a long-term period. So-called "extended" family members would
not qualify.
Discussion opened to public input. None heard. Discussion closed to public
input.
A motion was made by Mr. Harrison to grant a special permit for an accessory
apartment with the condition that guests other than immediate family members
be restricted to a maximum stay of two (2) weeks. 2"d by Mr. Stewart. Board all
in favor.
02-44. Priscilla Eastman and Neil Tomkinson, 225 Cranview Rd., Map
51, Lot 18-6. Request a special permit under Brewster Zoning Bylaw, Art. VIII,
Sec. 179-25 B, to construct an addition to an existing dwelling. Request a
variance under Brewster Zoning Bylaw, Art. V, Sec. 179-16, Table 2, Note 5, to
allow a proposed porch to extend five (5) feet into the fifty (50) foot buffer zone
surrounding wetlands.
The applicants were present and represented by Mr. Robert Perry, P.E., Cape
Cod Engineering.
Hearing this case were Messrs. Freeman, Harrison, Lach, Nixon, and Stewart.
Mr. Perry noted that the Conservation Commission had approved the same
request with an Order of Conditions. The CC also pointed out that the dwelling
had been built prior to some current bylaws prohibiting reduction of vegetation,
which would have dictated a substantial reduction (25%) in the size of the porch.
He stated that the proposed deck was thirty-seven (37) feet from the wetlands.
The addition to the dwelling, a kitchen, would not intrude into the fifty (50) foot
buffer zone.
The Board asked if a special permit was needed for the kitchen. After
discussion, the Board determined that a special permit consideration was
appropriate. The applicants were also given the option of applying for a variance
if needed in the future.
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Discussion opened to public input. None heard. Closed to public input.
The Board agreed that a special permit could be issued for both the kitchen
addition and the porch. Mr. Stewart moved to grant a special permit in Case
#02-44, based on a site plan dated 10/16/02, 2"d by Mr. Nixon, Board all in
favor.
Mr. Harrison moved to approve the applicants' request to withdraw the request
for a variance, 2nd by Mr. Lach, Board all in favor.
02-45. Julia Cumes and David Karam, 324 Main St., Map 21, Lot 30-19.
Request a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25
(B), to convert an existing barn located within one hundred (100) feet of
wetlands into a three-bedroom dwelling, with additions extending no closer to
wetlands. Request a variance under Brewster Zoning Bylaw, Art. X, Sec. 179-52,
to build a two-story garage extending into setbacks.
Ms. Curries and Mr. Karam were present. Hearing this case were Messrs.
Freeman and Harrison; Ms. McInerney; Messrs. Lach and Nixon.
Mr. Karam presented a revised site plan to the Board, reflecting the Conservation
Commission's request to move the proposed two-story garage outside the fifty
(50) buffer zone of the wetlands.
The original plot was one lot that was split by a paper cul-de-sac in order to
provide a dirt road access to Route 6A for the resulting adjacent lots. It consists
of one (1) acre uplands and 1 1/3 acres of wetlands. Ms. Cumes and Mr. Karam
share ownership of the road with the abutter to the west (lot 30-20). An
easement is in progress regarding the abutter's agreement to the placement of
the septic system in the cul-de-sac and the placement of the garage within the
front/side yard setback.
The Board pointed out that the Board of Health and Planning Board need an
approval of the project from the Conservation Commission before considering the
septic system.
Mr. Karam will submit a larger scale drawing to all of the Boards reviewing the
application, including the ZBA, by December 17, 2002. The garage has been
moved five (5) feet to the northeast, one (1) foot closer to the cul-de-sac, and
twenty-two (22) feet closer to the barn.
The Board commented that a variance would be required for the placement of
the garage ten (10) feet into the forty (40) foot setback. A variance would also
be required because of the ten (10) foot distance from the cul-de-sac/septic
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system. The sideyard setback is okay. The Wilkinsons to the east have frontage
on Route 6A, and the applicants and the west side abutter share rights to their
road.
A Board member asked if Ms. Cumes and Mr. Karam were in residence. They
answered in the negative, but have signed a purchase agreement. They will
carry out their businesses in the garage.
The applicants will convert the barn into a residence by completing the first floor,
moving in, and then completing the second floor.
Discussion was opened to public input. Ms. Taylor, chairperson of the Planning
Board, reported that her Board concurred in the garage relocation. She also
stressed the need for a careful review of any intrusion into the one hundred
(100) wetlands buffer zone before any approval is granted. Discussion closed to
public input.
Mr. Nixon believed that the application met all of the criteria for granting a
variance on the garage. Mr. Lach concurred. There is a residential exemption
for the barn, obviating the need for a variance.
Ms. McInerney moved that a variance be granted for the garage in Case #02-45,
subject to approval of the project by the Board of Health, Planning Board, and
Conservation Commission, and that the final site plan locate the garage within
plus or minus one (1) foot of the location on the site plan, 2nd by Mr. Nixon,
Board all in favor.
Mr. Harrison moved that a special permit be granted for the barn with the same
conditions above, 2"d by Ms. McInerney, Board all in favor.
02-46. Darryl Swanson, 79 Old Freeman's Way, Map 42, Lot 138.
Request a variance under Brewster Zoning Bylaw, Art. V, Sec. 179-16, Table 2,
for a proposed barn extending into the side yard setback.
Mr. Swanson was present. Hearing this case were Messrs. Freeman, Harrison,
Lach, Nixon, and Stewart.
The Board noted that a shed on the property was not shown on the drawing.
There is a deep gully behind the shed.
The Board asked the applicant if the 30' x 30' dimensions of the barn were
absolutely essential. Downsizing the structure would make a variance
unnecessary. The applicant agreed to consideration of a smaller structure and
promised to revise the plan, so that a variance wouldn't be needed.
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Mr. Stewart moved to continue Case #02-46 until February 11, 2003, 2nd by Mr.
Nixon, Board all in favor.
Motion to adjourn at 9:45 P.M., 2nd, Board all in favor.
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