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HomeMy Public PortalAboutZoning Board of Appeals -- 2003-05-13 Minutes TOWN OF BREWSTER PUBLIC MEETING MINUTES OF ZONING BOARD OF APPEALS Tuesday, May 13, 2003 7:00 P.M. Brewster Town Office Building Mr. Freeman called the meeting to order at 7:05 P.M. The minutes of the April meeting were approved as corrected. 03-13. Hollis S. Paige, Trustee, 76 Anchors Aweigh Rd., Map 6, Lot 71, requested a special permit under Brewster Zoning Byaw, Art. V, Sec. 179-16, Table 2, Notes 6 and 7, to construct a screened porch on the south side of an existing dwelling. Mr. Paige was present. Hearing this case were Messrs. Freeman, Harrison, Jackson, MacGregor, and Stewart. Mr. Paige stated that the porch would extend an existing one on the front of this 1924-25 cottage to the side. The porch would be glassed-in, not screened, as stated in the building inspector's letter. It will be 28' in length and 11' deep. The cottage has three (3) bedrooms. Mr. Paige stated that the porches will not be used as sleeping areas. The cottage is not a rental home. There will be no further incursion into the setbacks as a result of the construction. There is currently a parking area where the porch will go. Mr. Paige owns the lot behind the cottage. The septic system runs under that lot line. Discussion was opened to public input. None heard, discussion was closed to public input. The Board said that there was no certified plot plan in the application. Under the Goldhirsch decision, there will be no further increase in nonconformity as a result of the proposal, and it is not substantially more detrimental to the neighborhood. Mr. Harrison moved to grant the special permit with the provisions that there will be no further incursion into setbacks and that a certified or as-built plot plan be submitted to the Board and the Building Department, 2nd by Mr. MacGregor, Board all in favor. i 03-14. Joshua L. Zuckerman, S. Orleans Rd. (Rte. 39) and Freeman's Way, Map 45, Lots 67, 68, and 69, requested a special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179-11, and Art. IX, Sec. 179-35, to construct a 64,675 sq. ft., 2-story, 63-unit assisted living facility with accessory buildings, known as "The Residences at Pleasant Bay," on a 13-acre site and height, parking, and sign variances under Brewster Zoning Bylaws, Table 3; Art. VII, Sec. 179-22, Tables 4 and 5; and Art. VI, Sec. 179-20. Mr. Zuckerman was present. Appearing with him were David Albrecht, Rizzo Assoc.; Duane Landreth, Esq.; and Roxanne Webster, assistant to Mr. Zuckerman. Hearing this case were Messrs. Freeman, Harrison, Jackson, Lach, and Ms. McInerney. Mr. Landreth summarized the project and referred to the two (2) sets of plans: engineering, twenty-five (25) sheets, and architecture, nine (9) sheets. There are also two (2) traffic impact studies and a drainage study. Mr. Landreth estimated the cost of the project to be between $7.8 million and $8.1 million. There are no wetlands or rare species threatened by the project. The applicant filed with the District Planning and Research Committee (DPRC) in September 2001 and outlined the reliefs needed. Then the applicant filed a District Regional Impact application with the Cape Cod Commission (CCC) in July 2002. A sub-committee of the CCC held a public hearing and approved the project with conditions in November 2002. In January 2003, the CCC approved the DRI application. In February 2003, the DPRC approved the concept. In April 2003, the Brewster Planning Board heard the applicant's request for a corridor overlay special permit and continued the case, pending receipt of department head comments and revisions to the parking lot plans. The applicant is requesting a special permit from the Board and variances of 16' from the 30' height limit, fifty-two (52) parking spaces instead of the required ninety (90), and larger entry and directional signs larger than permitted. Mr. Landreth outlined thirteen (13) points that showed the project was harmonious with the intent and purpose of the bylaw: the project suits the area's need; the location, type of project, character, and size are in harmony with the area; adequate access to the site exists; road service and egress are safe and have proper sight distances; a vehicles trip plan exists; sewage, disposal, water, and septic treatment facilities will be built; utilities are well-engineered; treatment benefits will result in negligible effect on ground water; and there is no adverse impact on rare species. The project complies in all respects with zoning requirements. [This topic will be expanded in detail with next revision] 2 The Board asked about the building height, the cost of review by the CCC, the number of units, and the size of an individual parking space. It was discovered that individual spaces were less than the minimum size of 10'x20'. Mr. Freeman expressed concern that the parking lot details were not clear. Overall, the Board was impressed with the plans and presentation. Mr. Landreth addressed concerns of the abutters. The Eilers' curb cut will be moved and a fence erected on Freeman's Way. The ancient way crossing on the site will be preserved in a way satisfactory to the Mayos and Grovers. The Board raised a number of traffic hazard issues on Freeman's Way -- turning maneuvers at the driveway entrance and Freeman's Way, water runoff, excessive speed, and heavily loaded trucks descending to the junction at Route 39. There will be warning signage for downhill traffic approaching Route 39. Discussion was opened to public input. Brewster resident Bette Avery asked about the number of employees, parking spaces, and asserted that the facility will have in effect sixty (60) dwellings on thirteen (13) acres. Abutter Cindy Grover was concerned about the closeness of the parking area to her property line. Mr. Albrecht believed that the 10'x20' minimum parking space would force the lot closer to the Grovers' property. There is no side yard setback issue. Someone suggested buffering the lot line with trees. No further comments heard, discussion was closed to public input. The Board discussed the signage and visibility of the main building from the roadways. The entry sign will be lighted. There was general agreement with the height variance. Parking lot data, while lacking, was thought not to be a serious impediment to a decision. One Board member questioned the use of landscaping, trees and islands, in the parking lot. Mr. Harrison moved to approve the variances with the conditions that parking spaces be 10'x20' and that the CCC provisions be complied with, 2nd by Ms. McInerney, Board all in favor. Mr. Harrison moved to approve the special permit, 2nd by Mr. Lach, Board all in favor. 03-15. Joan Collins and Matthew McKenna, 42 Fisherman's Landing Rd., Map 40, Lot 19-6, requested a special permit under Brewster Zoning Bylaw, Art. V, Sec. 179-16, Table 2, Note 14, to build an approx. 600 sq. ft. accessory apartment attached to the dwelling for use by immediate family members. 3 Ms. Collins and Mr. McKenna were present. Mr. Steven Cox, builder, presented the project. Hearing this case were Messrs. Freeman, Harrison, MacGregor; Ms. McInerney; and Stewart. There is no certified plot plan. Mr. Cox stated that Ryder and Wilcox will provide an as-built plan. He presented a copy of a septic system plan drawn by J. C. Ellis in May 2002. The Board asked about the size of the lot, determined to be approx. 1/3 acre. Discussion was opened to public input. None heard, discussion was closed to public input. Mr. Freeman outlined to Ms. Collins and Mr. McKenna the criteria for allowing an accessory apartment. The attached house must be occupied by the family. Mr. Harrison moved to grant the special permit based on the presented plans and the submission of a certified plot plan or as-built plan, 2"d by Mr. Stewart, Board all in favor. 03-16. James and Paula Lieb, 268 Breakwater Rd., Map 4, Lot 15, requested amendment of Decision #02-47 or a new special permit and/or a variance under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 B, to replace the existing dwelling and garage in a wetlands conservancy district with a new dwelling and deck and attached garage. Messrs. Andrew Singer, Esq., and Mark Burgess, Coastal Engineering, represented the applicants. Hearing this case were Messrs. Freeman, Harrison, Jackson, Lach, and Ms. McInerney. Mr. Singer described the project and referred to the January 2003 hearing. The Liebs will now replace both house and garage with a new house and attached garage pulled back from the beach. The impervious driveway will become pervious. All setbacks will be met. The new house will be seven (7) feet below maximum height or twenty-three (23) feet. The current height is seventeen (17) feet. The proposed second floor will have 492 instead of the planned 672 sq. ft. Mr. Singer passed out a summary of square footage for various aspects of the project, that compared existing and proposed coverage of the dwelling, garage, and parking area. The combined structures are reduced to 2,153 sq. ft. from 5,020 sq. ft. 4 The deck and boardwalk system will make it unnecessary for persons to walk on the dunes. The proposed house has the same number of bedrooms. The number of improvements make it not detrimental to the area. The Board asked about the Conservation Commission requirements that the house be pulled back and placed on pilings. Mr. Freeman asked about any references to plans on the Order of Conditions. The deck was not shown in cross-section. Ms. McInerney asked for clarification of the Planning Board's decision regarding disturbance of the land and the change of the walkway from the beach to the revetment. Mr. Freeman wondered why access to the beach could not be maintained via the path through the dunes. Mr. Singer replied that the Conservation Commission promoted the idea and that abutter Ann Geary supported it. Mr. Singer added that the deck area would be increased by 1,009 sq. ft. There was further discussion about how far the structure has been pulled back from the beach. Mr. Freeman pointed out that, although the house and garage had been moved, the addition of the deck placed the combined footprint of the house, garage, and deck at nearly the original location on the site plan. Mr. Singer appeared to agree, but was reluctant to include the deck as part of the new structure. Discussion was opened to public input. Henry Hayes, resident, believed that the project would result in great disturbance to the area. He stated that the height of the structure will be raised six (6) feet to twenty-three (23) feet. The roof line will be four (4) feet above that. The current living area will be increased from 500 sq. ft. to over 1,600 ft. Mr. Hayes asked about placing the house on pilings. Mr.Burgess said that pilings allow for movement of the land underneath as well as storm surge. Discussion was closed to public input. Two Board members still had reservations about the project, especially the overall height. It was agreed that a variance was not needed. Mr. Freeman, who was not in favor of the application, calculated that there was more than a 1,200 sq. ft. increase in use of the lot to 3,650 sq. ft. No other dwelling on the beach has a second floor. Houses across the road and away from the dunes have second stories. The Board discussed the application at length. Several members believed the proposal posed little or no detriment to the area. Mr. Freeman believed that the increased height and footprint of the plan was detrimental to the dunes area, where other houses were much smaller. Others commented that there was a height difference in only one section of the house, and that the house did not fit the "trophy house" category. One member thought that environmental 5 conditions had improved the plan's impact and favored the new plans. Another thought the Conservation Commission had "opened the door" to similar beach front requests by approving a second floor and that the project would be detrimental to the dunes and the general area. Another believed that the Board should make its judgement based on facts and the law. Discussion was again opened to public input. Mr. Singer pointed out that the Board had approved a second floor to the garage of 672 sq. ft. in January 2003, and that the second floor area was now smaller with 490 sq. ft. Mr. Hayes found it difficult to believe that the Conservation Commission had approved a larger house on stilts. There was a discussion of a continuance so that Mr. Singer could confer with the Liebs and the possibility of Historic District Commission approval prior to ZBA approval. Ms. Elizabeth Taylor, Chairperson, Planning Board, asked about the four (4) bedrooms and the size of the study. Discussion was closed to public input. Mr. Harrison moved to continue the case until the July meeting, 2nd by Mr. Lach, Board all in favor. 03-17. Donald and Joanne Lemaitre, 37 Clements Rd., Map 14, Lot 117, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 B, to add a bedroom, pergola, and deck to the south and west sides of an existing dwelling. Architect Laurie Jacobs, Sam Sherman Assoc., Vineyard Haven, represented the Lemaitres. Hearing this case were Messrs. Freeman, Harrison, Lach, MacGregor, and Ms. McInerney. Ms. Jacobs described the project, using plans dated January 28, 2003. The overall height is tweny-one (21) feet. It will add 366 sq. ft. to the west side of the dwelling. She read from Building Comm. Thyng's letter of March 31, 2003, to the Lemaitres. Mr. Freeman said there was no increase in nonconformity per the Goldhirsch decision. There was a 400 sq. ft. increase to 1,800 sq. ft. Discussion was opened to public input. None heard, discussion was closed to public input. Ms. McInerney asked about the red fence. It is required for the demolition permit. Mr. Harrison said that the proposal conformed to the general appearance of the neighborhood. 6 Mr. Harrison moved to grant the special permit, 2nd by Mr. Lach, Board all in favor. 03-18. Bette Anne Avery, 121 Lund Farm Way, Map 27, Lot 38, requested a special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179, Table 1 (3.1), to construct an approx. 896 sq. ft., 1-bedroom apartment and outside stairway entrance above an existing garage for rental purposes and a variance under Brewster Zoning Bylaw, Art. V, Sec. 179-16, Table 2, Note 1, to allow a third dwelling on the property. Ms. Avery was present. Hearing this case were Messrs. Freeman, Harrison, Lach, Jackson, and Stewart. Ms. Avery described her property generally and noted that it had two buildings. She described the attached garage where the proposed apartment will be built and showed photographs. She referred to the several abutters' letters written in support of the project to the Board. Mr. Freeman gave his summary of the proposal. Ms. Avery is seeking a special permit. Two other structures on the property are not completed. Approval of the special permit will allow Ms. Avery to receive income in order to make the main house habitable. She could then return to two (2) dwellings on the property. The special permit can be granted for three (3) dwellings until the main house is finished. Mr. Harrison asked about an agricultural exception for a working farm and whether there could be a rental apartment use exemption for a person helping to run the farm. One (1) dwelling could be connected to farm operations, one (1) could be a rental unit, and a third could be allowed under the accessory apartment rule. The Board discussed this point in relation to future occupation of the main house. Discussion was opened to public input. Ms. Elizabeth Taylor, Planning Board Chairperson, asked on what basis the Board could allow more than two (2) dwellings. The Board replied that agricultural operations made such properties exempt from local regulations. Discussion was closed to public input. Mr. Harrison moved to grant the special permit, designating the apartment over the barn as agricultural, while permitting the other existing dwelling and the proposed dwelling under the Brewster zoning bylaws, 2nd by Mr. Lach, Board all in favor. Ms. Avery requested withdrawal of the variance request. Mr. Harrison so moved, 2nd by Mr. Lach, Board all in favor. 03-19. Joyce and Paul Stier (Old Manse Inn), 1861 Main St., Map 17, Lot 70, requested a special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179-11, to continue the existing use of the property as the Old Manse Inn. Mr. and Mrs. Stier were present. Hearing this case were Messrs. Freeman, Jackson, Lach; Ms. McInerney; and Mr. Stewart. Mr. Freeman asked about parking arrangements and the use of adjacent lot 75. The Stiers have nine (9) rooms in the Inn and an unused barn. There are no designated facilities for handicapped use. They plan to accommodate small groups in their operation of the Inn. Mr. Lach moved to grant the special permit, 2"d by Mr. Stewart, Board all in favor. Motion made to adjourn at 11:45 P.M., seconded, Board all in favor. 8