HomeMy Public PortalAboutZoning Board of Appeals -- 2003-04-08 Minutes TOWN OF BREWSTER
PUBLIC MEETING
MINUTES OF ZONING BOARD OF APPEALS
Tuesday, April 8, 2003
7:00 P.M.
Brewster Town Office Building
Mr. Freeman called the meeting to order at 7:00 P.M. He reported that the
Brewster Affordable Housing Committee was making progress.
The minutes of March 11, 2003, were approved as corrected.
02-40. Continuance of Chillingsworth, Inc. (Patricia and Robert
Rabin), 2421 Main St., 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.
Ms. Lois Farmer, Esq., represented the applicants and asked for a continuation
until the meeting of June 10, 2003, so that all documents, such as a traffic study,
could be ready. She presented copies of a "vision" statement and a March 25,
2003, site plan to the Board. She said the Planning Board will meet again on this
application on May 7, 2003.
The Board expressed its disappointment at this latest delay. It was suggested
that it might be better for the applicants to withdraw so that all possible
contingencies for considering the case could be completed. After a brief
discussion, Mr. Harrison moved to continue the case until June loth, 2nd by Mr.
MacGregor, Board all in favor.
02-37. Continuance of Judith and Theodore Brown, 225 Rocky Hill Rd.,
Map 27, Lot 22-1. Request a special permit in appeal of the zoning inspector's
decision under Secs. 8 and 15, Mass. General Law, Chap. 40A, and request a
variance under Brewster Zoning Bylaw, Art. X, Sec. 179-52, to continue the
operation of a landscaping business in an R-L district.
Mr. Brown and his attorney David Woods were present. Hearing this case were
Messrs. Freeman, Harrison, Jackson, Lach, and Nixon.
Mr. Woods again reviewed the history that he had presented at the January 14,
2003, meeting of the Board. He has declined to pursue the application for the
variance and asked the Board to deny the building inspector's cease-and-desist
order.
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Mr. Lach asked Mr. Brown to list his company's activities, the length of the
working day, and the number of vehicles parked overnight. Mr. Brown maintains
a garden, propagates trees and bushes, and keeps commercial quantities of
loam, fertilizer, and pesticides on the site. The working day is from 7:00 A.M. to
5:00 P.M. Mr. Brown has eight (8) trucks; four (4), including two (2) dump
trucks are parked overnight on site.
Mr. Harrison asked about pesticide reports to the State. Mr. Brown said he
stores these materials for only two to three weeks at a time during the growing
season.
Mr. Jackson questioned the decision to withdraw the variance request. Mr.
Woods said he was never convinced that a variance was necessary from when
he took the case in September 2002. Mr. Freeman said this case was about two
(2) issues; 1) affirming or denying the building inspector's cease-and-desist order
and 2) granting a variance to continue the business on this site.
Mr. Nixon suggested that Mr. Woods discuss with Building Inspector Staley which
activities fell within the cease-and-desist order. Other members believed that
Mr. Brown was indeed operating a business from that location. Still others
believed that Mr. Brown's business activities could be divided into ones that were
allowed in an R-L district and those that were not.
Discussion was opened to public input. Ms. Elizabeth Taylor, Planning Board
Chairperson, asked about the large piles of earthen materials, Mr. Brown's status
with the Board of Health, the use of OSHA cabinets for toxic and poisonous
materials like fertilizer, and the frequency and kinds of deliveries to the site. She
also noted that the possible relocation of Mr. Brown's business to Commerce
Park would trigger a Water Quality Review Board examination.
Ms. Jane Remy indicated that her father did own one of the abutting properties
to Mr. Brown's land, and that she had no objection to his business operations,
provided there were no lights at night and no increase in truck traffic.
A motion was made to close public input, 2"d, Board all in favor.
Board opinions were polled. While respecting the possible effects on Mr. Brown's
activities at the site, Mr. Jackson said he had heard nothing that refuted the
building inspector's order. Mr. Harrison believed that agricultural and
horticultural uses were okay, but that the storage of pesticides, even for a short
time, and frequent truck traffic were serious problems.
Mr. Lach thought there were many things in Mr. Brown's favor: five (5)
neighbors were in favor and only one against, a disgruntled employee started
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this issue, the horticultural and agricultural activity was allowed, and the
business was not detrimental to the public good. The Board should not affirm
the building inspector's cease-and-desist order and could limit the special permit
to two (2) years, in order to provide for a review period.
Mr. Nixon believed that it might be possible to grant a restricted special permit.
Truck maintenance and storage of pesticides should be removed from the site.
Mr. Brown would have to get all of the other necessary permits. All of the issues
should be discussed with the building inspector to see if there can be some
agreement as to what is allowed and what is not.
Mr. Freeman said that, even though the site's business structure is older than ten
(10) years, which would place it outside the statute of limitations, it is the use
that is illegal.
Mr. Woods agreed to meet with Building Inspector Staley and Building
Commissioner Thyng in order to determine what circumstances might allow Mr.
Brown to continue his activities on the site. Mr. Harrison moved to continue the
case until June loth, 2"d by Mr. Nixon, Board all in favor.
02-51. Continuation of Jean-Paul Rutledge, Trustee, Partridge Realty
Trust, 29 Partridge Circle, Map 13, Lot 9. Request a special permit under
Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 B, to remove four (4) existing
structures and construct a 3-bedroom, single family dwelling. Request a
variance under Brewster Zoning Bylaw, Art. X, Sec. 179-52, to allow the 3-
bedroom, single family dwelling to extend into the side yard setbacks.
Mr. Rutledge and his attorney Roger O'Day were present. Hearing this case were
Messrs. Freeman, Harrison, Lach, MacGregor, and Stewart.
Mr. Rutledge showed the new plans and affirmed that they reflected a screening
of Leland cypresses for abutters, and a delineated parking area in front. The
abutters who were present expressed satisfaction with the changes and stated
that the cypresses could be eliminated from the rear property line.
Discussion was opened to public input. It was agreed that ninety (90) feet did
not have to be screened due to the existing vegetation. Discussion was closed
to public input.
The Board, applicant, and Attorney O'Day agreed to withdraw the variance
request. Mr. Harrison moved to grant a special permit, 2"d by Mr. Lach, Board all
in favor.
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03-10. Katherine Burlingame, 523 Thousand Oaks Dr., Map 42, Lot 80-
65. Request a special permit under Brewster Zoning Bylaw, Art. V, Sec. 179-16,
Table 2, Note 14, to build an approx. 550 sq. ft. accessory apartment for use by
family members in the basement of the residence.
Ms. Burlingame was present. Hearing this case were Messrs. Jackson, Lach,
MacGregor; Ms. McInerney; and Mr. Nixon.
Ms. Burlingame's daughter and son-in-law will live in the apartment.
The Board asked questions about the use of the garage and Ms. Burlingame's
intention to continue living there. Mr. Freeman stated that if and when the
apartment use terminated, the stove would have to be removed. The Board
asked about the capacity of the septic system. Answer: five (5) bedrooms.
Discussion was opened to public input. None heard, discussion was closed to
public input.
Mr. Lach moved to grant a special permit, 2nd by Mr. Nixon, Board all in favor.
03-11. Julia Cumes and David Karam, 324 Main St., Map 21, Lot 30-19.
Request amendment of Variance Decision #02-45 under Brewster Zoning Bylaw,
Art. V, Sec. 179-16, Table 2, Note 7, and Art. X, Sec. 179-52, to extend a
proposed two-story accessory building sixteen (16) feet into the west side
setback.
The applicants were present. Hearing this case were Messrs. Freeman, Harrison;
Ms. McInerney; Messrs. Nixon and Stewart.
Mr. Karam explained that the Conservation Commission required relocation of
the accessory building (two-story garage) to no less than ten (10) feet from the
fifty (50) buffer zone of the wetlands. The barn to be converted into a dwelling
will remain where it is.
The Board expressed its approval.
Discussion was opened to public input. Ms. Elizabeth Taylor, Chairperson of the
Planning Board, supported the Conservation Commission's position on the
change. No further comments heard, discussion was closed to public input.
Mr. Stewart moved to grant an amendment to ZBA Decision 02-45, i.e.,
relocation of the accessory building, based on the septic system design plan
(Revised: February 7, 2003), 2nd by Mr. Nixon, Board all in favor.
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03-12. Margaret P. Dickey, 87 Winslow Landing Rd., Map 14, Lot 37.
Request a special permit under Brewster Zoning Bylaw, Art. V, Sec. 179-16,
Table 2, Notes 6 and 7, to enlarge an existing concrete slab attached to the
south side of the dwelling and construct a screened porch over it. Request a
variance under Brewster Zoning Bylaw, Art. X, Sec. 179-52, to allow the
screened porch and concrete slab to extend farther into the south side setback.
Ms. Jane Remy represented Ms. Dickey, her mother. Hearing this case were
Messrs. Freeman, Harrison, Jackson, MacGregor, and Nixon.
Ms. Remy distributed a written proposal and revised plans. The cottage covers
720 sq. ft. and dates from the early '50's. It has three (3) bedrooms and lacks a
comfortable sitting room. A small screened porch with an exit to the rear of the
property would provide this needed space.
Ms. Remy surveyed all of her mother's abutters, who expressed no disagreement
with the proposal.
Discussion was opened to public input. None heard, discussion was closed to
public input.
The Board and Ms. Remy agreed to withdraw the variance request. Mr. Harrison
moved to grant a special permit based on the April 4, 2003, plans, 2"d by Mr.
Nixon, Board all in favor.
Mr. Jackson asked when work would begin on the Frederick Court (Wells Court)
40B project for seniors. Mr. Freeman replied that the developers had a year to
begin work.
A motion was made to adjourn at 9:45 P.M., 2nd, Board all in favor.
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