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HomeMy Public PortalAboutZoning Board of Appeals -- 2003-02-11 Minutes TOWN OF BREWSTER PUBLIC MEETING MINUTES OF ZONING BOARD OF APPEALS Tuesday, Februuary 11, 2003 7:00 P.M Brewster Town Office Building Mr. Freeman called the meeting to order at 7:00 P.M. Mr. Freeman asked the Board to review a draft of the Selectmen's letter to Gov. Romney urging revision of State affordable housing law. The letter supports the Town of Norton's request of 2002, that was circulated among other Towns. Town Admin. Charles Sumner's request that Town Boards review their fee structure was considered. The Board's consensus was that no increase in fees should be made at this time since a very substantial increase dated from January 2002, a little over a year ago. Mr. Freeman announced the first meeting of the Housing Advisory Committee for tomorrow, February 12t". Mr. Freeman and Ms. MacInerney are members. This committee will develop plans and processes for administering the affordable housing system approved at Town Meeting. The minutes of January 14t" were approved as read. 02-46. Continuance of 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. Mr. Swanson said that he had considered the Board's suggestions to move the proposed barn in order to avoid incursion into the setback and/or reduce its size to less than 30' x 30'. But he has too much equipment to store in a smaller structure and moving it would place it within ten (10) feet of his house. Because of this, he did not draw alternative plans as the Board had requested in December 2002. The Board expressed its disappointment and said that the structure requested could fit into the lot without encroaching on any setback. Variance criteria for soil conditions and topography have also not been met. 1 Discussion turned to the materials that Mr. Swanson intended to store in the structure. He has about 500 gallons of paint, several mowers, four-wheelers, and other supplies and equipment. A concrete floor will be poured to protect against leakage. He has other hunting and fishing equipment in a rental storage locker on Freeman's Way that would be transferred to the building. Discussion was opened to public input. Ms. Elizabeth Taylor, Planning Board Chairperson, reminded Mr. Swanson that his property is located in a water recharge zone for the Town's acquifier, and that if he were to receive ZBA approval, the Water Quality Review Board would also have to issue a permit. No further comment heard, discussion was closed to public input. Board members offered their opinions on the petition. One member was in favor of the variance, but others referred to the absence of alternative plans showing relocation of the barn or a smaller structure. The first variance criterion was not met. The barn could be located away from the setback. The petition as presented does derogate from the bylaw. Mr. Harrison moved to deny the variance based on the shape of the lot, 2"d by Mr. Nixon, four members in favor, one opposed. 03-01. Marilyn and Morris Leno ,, 46 Schooner Way, Map 7, Lots 82 and 85. Request a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179- 25 B, to replace an existing dwelling with a four (4) bedroom dwelling to be constructed within pre-existing, nonconforming setbacks. Marilyn and Morris Leno and their attorney Duane Landreth were present. Hearing this case were Messrs. Freeman, Harrison, Jackson; Ms. MacInerney; and Mr. Stewart. Mr. Landreth described the proposal. The existing dwelling on lot #82, a 1 1/2- story Cape dating from 1951, will be demolished and replaced by a 2-story, four bedroom home. Setback non-conformities will not be intensified. Mr. Landreth passed around pictures of the property, bordered by a cul-de-sac and private ways. The foundation will be replaced and enlarged in a northeasterly direction. Additions will be no more non-conforming than the existing footprint. The septic plan by Felco Engineering is in progress. A new Title V system will be installed. The Board asked about the adjacent undeveloped lot #85. Mr. Leno said that it is not buildable due to severe undulations in topography. This condition also argues against shifting the house's foundation from its current location. Mr. 2 Landreth said that the Board could condition its approval of a special permit with the proviso that no further development take place on either lot. In response to a question about the need for a new building, Mr. Landreth replied that there were numerous technical and safety advantages for replacement. The Town's bylaw also allows complete reconstruction of a nonconforming, pre-existing structure. Discussion was opened to public input. None heard. Closed to public input. The Board stated that the nonconformity did not seem to be increased, and the conditions for a special permit appeared to have been met. Mr. Harrison moved to grant a special permit with the condition that no further development take place, 2nd by Mr. Jackson, Board all in favor. 03-02. Christopher and Lisa Schultz, 21 Red Fawn Rd., Map 28, Lot 10- 58. Request a variance under Brewster Zoning Bylaw, Art. X, Sec. 179-52 B, to allow an existing foundation for a proposed addition to extend into the northeast side setback. Christopher and Lisa Schultz were present. Hearing this case were Messrs. Harrison, Lach, MacGregor; Ms. MacInerney; and Mr. Stewart, The Schultzes stated that they personally designed the addition to their house and based it on a 1984 Nickerson and Berger (Orleans, Mass.) plot plan issued to Alfred Franz. The addition drawn into the N&B plan showed the distance to the northeast property line as 27.5 feet, and therefore not encroaching on the twenty-five (25) foot side yard setback. After the foundation was poured, Bennett Engineering (Sagamore Beach, Mass.) drew an as-built plan in December 2002, which showed that the northeast corner of the foundation was 24.3 feet from the property line, an approx. eight inch encroachment into the setback. The Board discussed the petition, which was met with general approval. Discussion was opened to public input. Lisa Schultz read a letter from abutter DaleAnn Viprino that expressed no objection to the Schultzes' project. No further comment heard, discussion was closed to public input. Mr. Jackson moved to grant the variance, 2nd by Mr. Nixon, Board all in favor. 3 03-03. James and Sandra Ritchie, 404 Harwich Rd., Map 26, Lot 54-3. Request a special permit under Brewster Zoning Bylaw, Art. V, Sec. 179-16, Table 2, Note 14, to build a 590 sq. ft. accessory apartment, attached to the rear corner of a three (3) bedroom dwelling under construction. James and Sandra Ritchie were present. Hearing this case were Messrs. Harrison, Lach, MacGregor; Ms. MacInerney; and Mr. Stewart. The Ritchies described the dwelling as a four-bedroom unit, contrary to three bedrooms noted in the legal advertisement. The accessory apartment will be added to the rear of the garage, through which there is access to the house. The Board reminded the Ritchies of the conditions of an accessory apartment use, i.e., no rental purposes and removal of the stove if it ceases to be used by immediate family members or caregivers. Discussion was opened to public input. None heard, discussion was closed to public input. Mr. Stewart moved to grant the special permit, 2nd by Ms. MacInerney, Board all in favor. 03-04. Sylvia Abbott, 257 Cemetery Rd., Map 3, Lot 86. Request a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25, to replace an existing dwelling with a four (4) bedroom dwelling over a new foundation. Jay and Sylvia Abbott were present with their attorney Stephen Jones. Hearing this case were Messrs. Freeman, Jackson, Lach; Ms. MacInerney; and Mr. Nixon. Mr. Jones described the current dwelling as a 60-year-old, 1-story cottage with three bedrooms. The lot is 8,500 sq. ft. with a 117-foot frontage. Replacement of the structure will increase the height to 1 1/2-stories and add a bedroom. Encroachment into the rear yard setback will be reduced. There will be a new nonconformity of a one (1) foot incursion into the front yard setback that will allow placement of stairs to the second floor and proper bedroom location as well as providing for any future expansion of a reserve area for the septic system. Mr. Jones showed how the proposal met criteria for a nonconforming, pre-existing property. The Board asked if there were other properties in the neighborhood with vaulted ceilings. Reply in the affirmative. 4 Mr. Nixon asked why a variance for the front setback incursion was not required, and Mr. Jones replied that State law, Chap. 40A, Sec. 6, allowed changes to pre- existing, nonconforming structures, including size and location changes. Discussion was opened to public input. Ms. Elizabeth Taylor, Chairperson, Planning Board, asked why the new nonconformity of the incursion into the front yard setback was not a clear zoning infraction that required a variance. Mr. Freeman replied that this case fell within the Sec. 6 state law and the 1992 Goldhirsh decision. No further comment heard, discussion was closed to public input. Mr. Freeman read an abutter's letter in support of the Abbott proposal. The Board commented about the negligible impact on the front yard setback and the thorough presentation. Mr. Nixon moved to grant the special permit, 2nd by Mr. Jackson, Board all in favor. 03-05. Brewster Bicentennial Committee. Request a special permit under Brewster Zoning Bylaw, Art. VI, Sec. 179-20, to display bicentennial flags, banners, and bunting throughout town from February through November 2003. Appearing for the Bicentennial Committee was Dyanne Cooney. Hearing this case were Messrs. Harrison, Lach, MacGregor; Ms. MacInerney, and Mr. Stewart. Ms. Cooney described the buntings and displayed the 9 sq. ft bicentennial flag that will be hung throughout Town. All town-owned buildings will be festooned with donated buntings and flags. Private organizations such as the Cape Cod Museum of Natural History will display the flag on Founders' Day. The Board inquired further about the buntings and the time period for the displays. Discussion was opened to public input. None heard, discussion was closed to public input. Mr. Harrison moved to grant a special permit with the condition that displays will be removed from all of the Town's public buildings within thirty (30) days from the end of the bicentennial period, November 30, 2003, 2"d by Mr. MacGregor, Board all in favor. 03-06. Paul A. Ferretti, 501 Underpass Rd., Map 26, Lot 24-A. Request a variance under Brewster Zoning Bylaw, Art. VII, Sec. 179-23 A (2), to create a 5 pervious surface of 3/4" stone for a 33-car parking lot on Route 137, adjacent to Ferretti's Market. Present were Paul and Mark Ferretti. Hearing this case were Messrs. Freeman, Jackson, Lach, Nixon, and Stewart. The Ferrettis are faced with a seriously overloaded parking area in front of their building on the southeast corner of Underpass Rd. and Route 137, especially during the summer season and holidays. They have proposed that a wooded lot adjacent to the south side of the market be converted to parking with a pervious surface. The Board asked about necessary approvals by other Town agencies. Mr. Ferretti said that all other boards except the DPRC had approved the petition. Fire Chief Jones was concerned about preserving room for emergency vehicle turnarounds on the lot and access to the rear of the market. The Historic District Committee wants to preserve as many trees as possible, and Mr. Ferretti pledged to incorporate these concerns into the plans. The Board asked about access to the dumpster, the preservation of mature trees at the proposed Route 137 entrance to the lot, a four-foot wide walkway, and lighting on the corner of the building. Mr. Ferretti expressed assurances that these conditions and issues would be dealt with satisfactorily. Discussion was opened to public input. Ms. Elizabeth Taylor, Chairperson of the Planning Board, affirmed the PB's support for the pervious parking lot. No further comments heard, discussion was closed to public input. Mr. Lach moved to grant the variance as presented in the plans by Bennett Engineering and HomeWatch, 2nd by Mr. Nixon, Board all in favor. Motion made to adjourn at 9:45 P.M., 2nd, Board all in favor. 6