Loading...
HomeMy Public PortalAboutZoning Board of Appeals -- 2003-08-12 Minutes TOWN OF BREWSTER PUBLIC MEETING MINUTES OF ZONING BOARD OF APPEALS Tuesday, August 12, 2003 7:00 P.M. Brewster Town Offices Mr. Freeman called the meeting to order at 7:00 P.M. Messrs. Lach, MacGregor, and Ms. McInerney were excused. The July minutes were approved as revised. The Board held a final discussion on the re-wording of the requirements listed on the application form. The word "elevations" was substituted for "vertical profiles." The following statement is to be included in all future decisions: Any violation of the conditions of a special permit shall be grounds for a show-cause hearing to determine whether or not the special permit shall be rescinded. The Board approved both revisions without dissent. Continuance: 03-20. Putter-A-Round,, Inc. (Frank Prete), 81 Underpass Rd., Map 27, Lot 15-1, requested a special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179-11, Table 1, Item 34, for the reconstruction of an existing miniature golf course. The applicant's agent Timothy Brady, East Cape Engineering, was unable to be present due to a scheduling conflict. Revised plans dated July 8, 2003, were submitted. The Corridor Overlay Committee and Conservation Commission are also reviewing the application. A variance request for a pervious parking surface will be submitted. The Board discussed the status of the case. Considering the many issues left unresolved, Mr. Jackson moved to continue the case until September, 2nd by Mr. Harrison, Board all in favor. i Continuance: 03-25. Carol Edmondson, 51 Capt. Dunbar Rd., Map 7, Lot 16, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 (B), to replace a recently removed deck with a larger one. Mr. and Mrs. Edmondson were present. Hearing this case were Messrs. Freeman, Harrison, Jackson, Nixon, and Stewart. Mr. Edmondson reported that the Conservation Commission ruled that approval was not required. He had submitted building plans for the deck, and the building department determined that Historic District Committee and Zoning Board of Appeals approvals were required. HDC has approved the request. Mr. Nixon moved to grant the special permit, noting that it was not more detrimental to the neighborhood than the existing structure, 2"d by Mr. Harrison, Board all in favor. Continuance: 03-26. Joan and Paul Garstka, 72 Canoe Pond Dr., Map 36, Lot 233, requested a variance under Brewster Zoning Bylaw, Art. V, Sec. 179-16, Table 2, Note 5, to replace an existing deck with a larger one, to be constructed within fifty (50) feet of wetlands. Mr. Richard Tefft, agent for the Garstkas, was not present. The Board moved the case to the end of the agenda. 03-30. Christopher and Isabel Hutton, 7 Tito's Lane, Map 5, Lot 49, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 (B), to construct additions and alterations to an existing dwelling. Mr. Chris Hutton spoke for the petition. Hearing this case were Messrs. Freeman, Harrison, Jackson, Nixon, and Stewart. Mr. Hutton outlined the need for more space in this early '60's cottage. The family room will be extended outward and the kitchen enlarged. The Board asked about the resulting change in the setback distance to the eastern property line. Mr. Hutton said the distance from the "back corner" of the house will be approx. thirty (30) feet. There was a discussion of the fourteen (14) foot distance from the northwest corner and the six (6) foot addition to the back of the house. The two additions on the north and one on the south were deemed not a further intensification of nonconformance. Discussion was opened to public input. None heard, discussion was closed to public input. 2 Mr. Hutton agreed to provide a certified plot plan with the additions drawn in. Mr. Harrison moved to grant the special permit with that condition, 2nd by Mr. Stewart, Board all in favor. 03-31. Martha Eldredge, 537 Satucket Rd., Map 37, Lot 22-1, requested a special permit under Brewster Zoning Bylaw, Art. V, Sec. 179-16, Table 2, Note 14, to construct an accessory apartment for use by immediate family members. Ms. Eldredge was present. Hearing this case were Messrs. Freeman, Harrison, Jackson, Nixon, and Stewart. Ms. Eldredge said the two-car garage in the basement will be replaced by a 340 sq. ft. accessory apartment to be used by her ex-husband and their daughter. A sliding door will replace one garage door, and a window and door will replace the other. Mr. Jackson said the Board needed better drawings since it was necessary to determine the exact square footage of the apartment. Since the house was built in 1978, there is likely a plot plan on file somewhere. Mr. Freeman reviewed the accessory apartment requirements. Mr. Harrison moved to grant the special permit provided that plans drawn to scale be submitted to the Board, 2nd by Mr. Nixon, Board all in favor. 03-33. Susan and Thomas O'Neil, 101 Gov. Prence Rd., Map 4, Lot 37, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 (B), to make additions and alterations to an existing dwelling. Mr. Chris Hutton represented the O'Neils. Hearing this case were Messrs. Freeman, Harrison, Jackson, Nixon, and Stewart. Mr. Hutton explained the plans for a formal entrance way, 6x8 feet, with columns and a roof. The back corner of the house extends approx. four (4) inches into the setback. Mr. Freeman noted the 100-foot buffer line passing through the house and the October 2002 Order of Conditions from the Conservation Commission. Mr. Jackson moved to grant the special permit, 2nd by Mr. Nixon, Board all in favor. 03-32. loan and Theodore Ellis, 195 Ellis Landing Rd., Map 7, Lot 17-1, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 (B), to construct additions and alterations to an existing dwelling. 3 The Ellises were present with attorney Duane Landreth. Hearing this case were Messrs. Freeman, Harrison, Jackson, Nixon, and Stewart. The Ellises intend to remove the roof from the shed ell and replace it with a gable, raise the floor two (2) feet, and construct a bedroom in its place. Windows will be replaced with thermal panes. The house and roof will be reshingled. Mr. Landreth presented a site plan drawn by Ryder and Wilcox in May 2003. The house was built about eighty (80) years ago. Mr. Landreth passed around photos of the house and the neighborhood. He further described how the dwelling met all of the criteria for a special permit. The Board discussed possible conservation issues. Mr. Stewart moved to grant the special permit, 2"d by Mr. Nixon, Board all in favor. Continuance: 03-26. Joan and Paul Garstka, 72 Canoe Pond Dr., Map 36, Lot 233, requested a variance under Brewster Zoning Bylaw, Art. V, Sec. 179-16, Table 2, Note 5, to replace an existing deck with a larger one, to be constructed within fifty (50) feet of wetlands. The Garstkas' agent Mr. Tefft was still not present. Mr. Harrison moved to deny the variance, 2nd by Mr. Stewart, Board all in favor. In other business, Mr. Jackson congratulated the Chairman for his judicious mediation of the Arbortech case, # 02-37, and the Board concurred. Messrs. Freeman and Jackson were re-elected as chairperson and vice- chairperson respectively for the next year without dissent. The Board voted to adjourn at 8:45 P.M. 4