HomeMy Public PortalAboutZoning Board of Appeals -- 2003-10-14 Minutes TOWN OF BREWSTER
PUBLIC MEETING
MINUTES OF ZONING BOARD OF APPEALS
Tuesday, October 14, 2003
7:00 P.M.
Brewster Town Offices
Mr. Freeman opened the meeting at 7:00 P.M. Mr. Lach was absent.
The minutes of September 23, 2003, were approved as corrected.
The Board agreed to add an additional paragraph to future decisions as follows:
Special permits expire two (2) years from the date of filing with the Town
Clerk, and variances expire (1) year from the date of filing. Special permits and
variances may be extended for an additional six (6) months upon request.
Mr. Freeman reported that the Planning Board is agreeable to continuing its
November case before the Board to the December 9th meeting.
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.
The Board approved a written request from Mr. Tim Brady, East Cape
Engineering, to withdraw the petition without prejudice and referred his request
for waiver of the fee in any refiling of this case to the Town Selectmen.
03-38: William A. Grover, 1515 Freeman's Way, Map 45, Lot 35,
requested a variance under Brewster Zoning Bylaw, Art. IV, Sec. 179-11. Table
1, Residential Item 1, to construct a caretaker-watchman's dwelling on an
Industrial (I) Zone lot.
Mr. Grover was present. Hearing this case were Messrs. Freeman, Harrison,
Jackson; Ms. McInerney; and Mr. Stewart.
Mr. Grover described his plan to construct a caretaker-watchman's residence on
the site, similar to one in Commerce Park. The caretaker-watchman would
protect the property against vandalism, dirt bikers, and other petty crimes and
nuisances.
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Mr. Grover intends to be the caretaker-watchman, because he finds his current
Orleans residence unaffordable. Since the sand pit operation has nearly depleted
that resource, he is considering using the property for individual storage lockers.
Mr. Stewart wanted to know the location of the planned residence. It would be
just beyond the existing gatehouse. There was discussion of a use variance and
possible litigation issues.
Discussion was opened to public input. Ms. Elizabeth Taylor, Planning Board
Chair, questioned the legality of the proposed structure, since watchman's
residences are routinely attached to the facility being protected. Discussion was
closed to public input.
The Board's opinions were polled. Mr. Harrison noted that the variance criteria
were not unique to the property and that only C-H and V-B lots allowed
residences. Several other members agreed but sympathized with Mr. Grover's
situation.
Mr. Jackson moved with regret to deny the variance request, 2nd by Mr. Stewart,
Board all in favor.
03-39: Jeannie Fitzpatrick, 396 Harwich Rd., Map 26, Lot 59, requested a
special permit under Brewster Zoning By law, Art. IX, Sec. 179-42.1 A, to create
an Affordable Accessory Apartment.
Ms. Fitzpatrick was present. Hearing this case were Messrs. Freeman,
MacGregor; Ms. McInerney; Messrs. Nixon and Stewart.
Ms. Fitzpatrick has had the accessory apartment for ten (10) years and read
about the "affordable apartment" bylaw in the newspapers. Ms. Jillian Douglass,
Asst. Town Administrator, reported that the apartment was in good condition,
has one (1) bedroom, and that Ms. Fitzpatrick would commit to a thirty (30) year
agreement.
Ms. McInerney, during her inspection of the property, reported difficulty in
turning around in the small parking area and driveway, primarily due to the
presence of a boat and trailer and an automobile. Mr. MacGregor suggested that
"no backing out" might be a condition of the agreement. Ms. Fitzpatrick said
that the apartment won't be rented until the boat and trailer are moved.
Discussion was opened to public input. Ms. Elizabeth Taylor, Planning Board
Chair, supported the petition, as did Mr. Albert Ulshoeffer, member of the
Affordable Housing Committee. Discussion was closed to public input.
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The Board discussed the parking aspect further and agreed that the permit
include such a condition.
Mr. Nixon moved to grant the special permit, provided that there be a suitable
turnaround area for two (2) cars and parking spaces for three (3), 2nd by Mr.
Stewart, Board all in favor.
03-40. Frissora Family Realty Trust, 175 Seaway Rd., Map 7, Lot 109,
requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25,
to construct additions and alterations to an existing dwelling.
William Reyburn of Reyburn Associates; David Beecy, engineer; and Charles and
Kathy Frissora were present. Hearing this case were Messrs. Harrison, Jackson,
MacGregor; Ms. McInerney; and Mr. Nixon.
The Frissoras wish to construct an addition to one side of this 80-year-old house,
keeping the cottage portion intact. It now has two (2) bedrooms and has been
owned by the family since 1958. A great room, kitchen, and bedroom will be
added. The roofline of 26' width will be maintained. The new gables will have
matching pitch. It will be one-story, including 1 1/2 baths and a renovated bath.
Utilities will be brought up to code, and a foundation will be dug under the new
portion.
Mr. Beecy described the septic system, which will be constructed along the
westerly lot line and have a five (5) bedroom capacity.
Mr. Nixon asked about the 1989 plot plan approved by the Board. Mr. Frissora
stated that nothing was built from that plan. Mr. Harrison noted that the 30-20-
20 foot setbacks will have to be observed. Mr. Freeman asked about the height
of the addition. Mr. Reyburn stated that it would be 20'. The old cottage is 16'.
Mr. Nixon asked about parking, and Mr. Beecy pointed to an adjacent lot owned
by the family, which would be used for that purpose. There is also additional
parking for two (2) cars behind the new family room.
Discussion was opened to public input. Ms. Taylor asked if the loft counted as a
bedroom, making six (6). It would not. Discussion was closed to public input.
The Board was polled. Several members expressed pleasure with the
presentation and documents. Mr. Freeman read letters of support from abutters.
Mr. Jackson believed that the Goldhirsch decision criteria had been met.
Mr. Harrison moved to grant the special permit, 2nd by Mr. MacGregor, Board all
in favor.
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03-41. Debra R. Lipson, 2062 Main St., Map 16, Lot 65, requested a
special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179-11, to resume use
of the property as the Pepper House Inn.
Ms. Lipson was present. Hearing this case were Messrs. Freeman, Harrison,
MacGregor, Nixon, and Stewart.
Ms. Lipson closed on the purchase the previous Friday. It is a Federal style
Colonial structure. The previous owner held it for eight (8) years, and it has
been closed for about half that time. She will rent four (4) bedrooms and occupy
the fifth one. There are ten (10) parking spaces. She will operate it year-round.
Mr. Freeman read from the special permit granted in 1992.
Discussion was opened to public input. Ms. Taylor expressed support of the
petition. Discussion was closed to public input.
Mr. Harrison moved to grant the special permit for the rental of four (4)
bedrooms year-round, 2nd by Mr. Nixon, Board all in favor.
There was a discussion of the "use variance" issue, reported by Town Counsel at
the last meeting of the Board. The Planning Board will hold a public hearing on
October 21St. The Board recalled that Ms. Turano-Flores had pledged to draft
criteria for a possible use variance bylaw. The Board agreed to support a
postponement of any decision to drop use variances or a withdrawal of the
article.
In a discussion of affordable accessory apartments, Mr. MacGregor believed that
there should be some flexibility in allowing them in commercial zones. There
seemed to be general agreement that the use of second floors above shops
should be explored for this purpose, and the Board might propose a Town
Meeting article.
The Board adjourned at 9:00 P.M.
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