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HomeMy Public PortalAboutZoning Board of Appeals -- 2003-09-23 Minutes TOWN OF BREWSTER PUBLIC MEETING MINUTES OF ZONING BOARD OF APPEALS Tuesday, September 23, 2003 7:00 P.M. Brewster Town Offices Mr. Freeman called the meeting to order at 7:00 P.M. Mr. Jackson was excused. The minutes of the August meeting were approved as corrected. The revised Regulatory Agreement (Sept. 2003) was reviewed and approved by the Board without dissent. Asst. Town Administrator Jillian Douglass and Town Counsel Sarah Turano-Flores presented proposed amendments to the Brewster Zoning Bylaws for the November Town Meeting. These articles will be discussed at a public hearing of the Planning Board on October 7, 2003. The articles will remove references to Webster's dictionary and the Standard Industrial Classification Manualfrom "Definitions" (Sec. 179-2); revise "accessory use" (Sec. 179-2); include the term "or lot" in changes of use (Sec. 179-66 B (1a)); delete hearings of "variances for use" before the Board of Appeals (Sec. 179-52 A); add "commercial stable" to agricultural uses by special permit (Sec. 179-11, Table 1); and allow the Inspector of Buildings to levy fines for violations of zoning codes, special permit conditions, and other Board decisions without prior conviction in the courts (Sec. 179-49). The deletion of use variances troubled some Board members, who believe in their legitimacy. Contrariwise, it was made clear that use variances don't meet the "soil conditions, shape or topography" criterion. Ms. Turano-Flores suggested the possibility of creating separate criteria for use variances. 03-34. James Creonte, 19 Cricket Lane, Map 33, Lot 24-11, requested a special permit under Brewster Zoning Bylaw, Art. IX, Sec. 179-42.1 A, to create an Affordable Accessory Apartment. Mr. Creonte was present. Hearing this case were Messrs. Freeman, Harrison, MacGregor, Nixon, and Stewart. Mr. Creonte briefly described the apartment, which has existed as an accessory apartment since December 2000. Besides the dwelling, there is parking for five (5) vehicles (verified by telephone with Mr. Creonte on 12/1/03), a two-car garage, and a 170-foot driveway. Mr. Freeman read from the Board's prior decision. i Mr. Stewart asked if the check list for affordable apartment landlords had been discussed with Mr. Creonte. Asst. Town Administrator Douglass replied in the affirmative and added that the Brewster Housing Authority monitors all details of the agreement. There was a discussion about which guidelines the Board needs to review. Board approval needs to precede the signing of documents. Discussion was opened to public input. Ms. Elizabeth Taylor supported the affordable apartment concept. Abutter Dennis Gordon complained about the change from an in-law apartment to an affordable one. Paul Hush, Brewster Citizens for Affordable Housing, said the application was an important step in solving the affordable housing problem. Abutters Kevin and Maureen Fitzpatrick objected to affordable apartments in their neighborhood, as did resident Ted Legasse (sp?). Abutter Cheryl Klock complained that the criteria have changed along with the type of apartment allowed. All of the opponents concerns were met with assurances of restrictions and monitoring by Town agencies and the reminder that the article was approved at Town Meeting. No further comments heard, discussion was closed to public input. The Board was polled, and support for the petition was unanimous. Mr. Harrison moved to approve the special permit, 2"d by Mr. Nixon, Board all in favor. 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, and a variance under Brewster Zoning Bylaw, Art. VI, Sec. 179-23 A (2), to allow a pervious parking lot surface. Mr. Timothy Brady, East Cape Engineering, represented the owner. Hearing this case were Messrs. Freeman, Harrison; Ms. McInerney; Messrs. Nixon and Stewart. Mr. Stewart replaced Mr. Jackson with Mr. Brady's approval. Mr. Freeman noted that the revised plans added more parking spaces. Mr. Brady commented that the size or shape of the parking lot was not an issue for his client. Mr. Brady also reported that the petition was in progress before the Conservation Commission and that its denial by the Planning Board was being appealed in court. He reiterated that the sole building on the property would contain the ticket booth, vending machines, and a second floor apartment. 2 The northern portion of the property is mostly wetlands, and the business will only be open in season. Mr. Harrison asked about lighting. Mr. Brady said a lighting plan was in progress for both the golf course and the parking lot. There will be no "lighting trespass" to adjacent properties. Mr. Nixon noted that there was little or no progress in meeting the Board's concerns since the first meeting in June. He added that the Corridor Overlay Committee (Planning Board) had denied the special permit and that the Conservation Commission was having difficulty as well with the number of parking spaces in the plan. Mr. Brady expressed his client's willingness to meet all of the Town's concerns. Mr. Stewart thought the variance request was easy to approve. The problem with the special permit request is that so far there's no satisfactory plan. Discussion was opened to public input. None heard, discussion was closed to public input. A motion was made, seconded, and approved to continue the petition until the October meeting, with the belief that some resolution will arise from the court proceedings and the Conservation Commission's action. If insufficient progress is achieved, Mr. Brady pledged to withdraw the petition. 03-35. Carol and Gary Concors, 716 Main St., Map 22, Lot 51-2, requested a special permit under Brewster Zoning Bylaw, Art. IV, Sec.. 179-11, Table 1, to continue the use of The Brewster Farmhouse Inn as a bed and breakfast. Carol and Gary Concors, the current owners, were present, as were the purchasers Mr. and Mrs. Kane, operating under the name "Windreef, Inc." Attorney Stephen Jones represented the Kanes. Hearing this case were Messrs. Harrison, Lach, MacGregor; Ms. McInerney: and Mr. Nixon. There was little concern among Board members regarding the application. The Kanes expressed the hope that their venture into the bed and breakfast business would be successful. Mr. Harrison moved to approve the special permit, 2nd by Mr. Nixon, Board all in favor. 03-36. Arms Family Revocable Trust, 125 Scarborough Rd., Map 42, Lot 36, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 3 179-25 B, for the construction of a 36-foot x 50-foot two-story building to be used as a garage, utility room, storeroom, and shop-office. Mr. Jonathan Arms was present. Hearing this case were Messrs. Freeman, Harrison, Lach; Ms. McInerney; and Mr. Stewart. Mr. Arms described the property and petition. It is an 8.3 acre lot. He and his son Chris follow their avocations as mechanics on the property and need a place to work on cars and boats. The proposed building is sited in the farthest corner of the lot from Scarborough Rd. Mr. Arms is retiring from the National Park Service in the near future, and the son works for Cape Cod Truck. There will be no commercial ventures undertaken by either father or son in this building or elsewhere on the property. Mr. Freeman noted that the previous permit issued by the Board was only for a residence. He also noted that the building plans would have to be adjusted to meet the maximum twenty-five (25) foot height for an accessory building (Sec. 179-16, Table 16, Note 7). Also, no apartment is allowed in this building. Mr. Lach recalled his support of the Arms family dwelling in the previous decision. Mr. Arms expressed his willingness to lower the building height to twenty-five (25) feet and will ask his engineer to adjust the plans accordingly. Mr. Harrison noted that frontage variances for access to the property had already been granted. Discussion was opened to public input. Ms. Elizabeth Taylor had no comment from the Planning Board on building height. Abutter Donald Schober had come to the meeting concerned about the possibility of apartments and commerce in the building and was happy to learn that the Armses had no intentions in those areas. No further comment heard, discussion was closed to public input. Mr. Harrison moved to approve the special permit with the condition that revised plans meet the height restriction, 2"d by Ms. McInerney, Board all in favor. 03-37. Don Farley, 125 Underpass Rd., Map 27, Lot 15-2, requested a variance under Brewster Zoning Bylaw, Art. III, Sec. 179-11, Table 1, Item 2, and Art. X, Sec. 179-52, to allow a second dwelling unit in a commercial building. Mr. and Mrs. Farley were present. Hearing this case were Messrs. Harrison, Lach, MacGregor, Nixon, and Stewart. Mr. Farley sketched a brief history of the property. When he bought it in 1994 from Framingham Savings Bank in a foreclosure sale, there were two second 4 floor apartments. At that time, he hired Bennett and O'Reilly to do a site assessment. Neither their report nor subsequent inspections by the Town's agencies, including the building department, health department, and fire department raised any issue over the second apartment. The Town building department issued a cease-and-desist order for the second apartment about the time Mr. Farley was trying to sell the building. This second apartment, he believed, was placed in use some time between 1987 and 1994. Discussion was opened to public input. Ms. Taylor reiterated that only one (1) security apartment was allowed, but she believed that the second one should be allowed due to its lengthy existence and the allowance of multi-family dwellings in a C-H zone. Mr. Harrison believed that a second apartment use was allowed due to the expiration of the statute of limitations. Mr. Lach concurred and added that the petitioner did everything he reasonably could in his responsibility as property owner to follow the law. He said the shape of the lot was not characteristic of the area, and enforcement of the building inspector's order would create a financial hardship for Mr. Farley. Relief can be granted without any harm to the public good. Mr. Harrison moved to overturn the decision of the building inspector due to the expiration of the statute of limitations and the allowance of multi-family dwellings in the C-H zone, 2nd by Mr. Nixon, Board all in favor. The Board adjourned at 10:15 P.M. 5