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HomeMy Public PortalAboutZoning Board of Appeals -- 2003-11-12 Minutes TOWN OF BREWSTER PUBLIC MEETING MINUTES OF ZONING BOARD OF APPEALS Wednesday, November 12, 2003 7:00 P.M. Brewster Town Offices Chairman Freeman began the meeting at 7:00 P.M. Messrs. Jackson and MacGregor were excused. Mr. Freeman announced that the last two cases on the agenda -- #03-51, Brewster Planning Board, and 03-52, Loretta McQueen -- were being continued to December 9tnn The minutes of the October meeting were approved as corrected. The petitioner Ms. Casey Jones (Case #03-42) not being present, Mr. Freeman called the next case. 03-43. Barbara and Raymond LaBree, 98 The Tides, Map 4, Lot 19, and Carol and Robert Porter, 90 The Tides, Map 4, Lot 60, requested a variance under Brewster Zoning Bylaw, Art. VIII, Secs. 179-26 B and 179-27 A, to create an unbuildable lot containing an existing driveway and parking area in order to transfer ownership and retain Lot 19's pre-existing, nonconforming status. Representing the petitioners were Attys. Stephen Jones (for the LaBrees) and Robert Lawless (for the Porters). Hearing this case were Messrs. Freeman, Harrison, Lach, Ms. McInerney, and Mr. Nixon. Mr. Lawless described the petition. The Porters and their predecessors have used this small portion of the adjacent LaBree property as a drive and parking area for approx. 31 years. They wish to avoid costly and time-consuming litigation and have offered the LaBrees a consideration in exchange for ownership of what will be a new unbuildable lot. A purchase and sale agreement has been executed for this purpose. Variance criterion #1 is met under "shape" of the land (re: Adams v. Broly). Criterion #2 is met because literal enforcement of the bylaw would result in financial hardship and adversity. Critieria #'s 3 and 4 are met because there is no detriment to the public good and granting the variance will not nullify the intent and purpose of the bylaw. i Mr. Lawless submitted a favorable letter from abutter Al Casey. Mr. Jones seconded Mr. Lawless' remarks and said his clients were in agreement. Mr. Freeman noted that the Board's purpose would also be to preserve the pre- existing, nonconforming status of the new lot. Mr. Harrison asked if there were any changes that would intensify the status of the existing lots, such as setbacks. Answer in the negative. Ms. McInerney noted that parking in the area is quite difficult and believed that this agreement would provide the relief the Porters needed. Mr. Freeman read Mr. Casey's letter and noted that the new lot would be approx. 8'x15'. He added Fire Chief Jones's comment regarding difficulty of access. Discussion was opened to public input. Planning Board Chair Elizabeth Taylor asked that the attorney adjust lot boundaries to reflect the transfer and submit a new plan to the Planning Board. The attorney agreed. Discussion was closed to public input. In response to Ms. McInerney's concern about "spot" zoning, the Board members noted that the ZBA has the authority to make such decisions in support of a "useful purpose." Mr. Lach moved to grant the variance as a solution to a practical problem and with the condition that the new lot not be buildable, 2nd by Mr. Nixon, Board all in favor. 03-42. Casey F. Jones, 42 Partridge Circle, Map 9, Lot 40, appealed the order of the zoning agent under Brewster Zoning Bylaw, Art. VIII, Sec. 179-16, Table 2, Notes 1 & 7, to remove illegal decking and a roof attached to a boat on the premises. Ms. Jones was present. Hearing this case were Messrs. Freeman, Harrison, Lach, Nixon, and Stewart. Ms. Jones described the illegal decking as necessary for restoring this 1957 Crosby motor yacht. The deck has been removed. She has undergone a difficult divorce and illness and asserted that she had just received Mr. Staley's October 2002 letter. Caulking of the yacht is ongoing. Her daughter had been using the yacht for sleeping quarters in the summer months up until two years ago. Ms. Jones described her extensive clean up of the property and the planting of a garden. 2 Mr. Stewart summed up the history of Mr. Staley's order to remove the boat in October 2000. His latest August 2003 letter orders Ms. Jones to remove the deck surrounding the boat and the roof. Ms. Jones said that the roof was installed by a professional builder as a protection against flies and other pesty insects. Adverse abutter Wayne MacDonald agreed that Ms. Jones had improved the appearance of the property, but stated that the boat had been lived in. Ms. Jones denied this, saying her daughter only slept there in the summer months two years ago and used the house's bath and kitchen facilities. Mr. Harrison asked if the roof was supported by the boat. Answer in the affirmative. There was a discussion about a realistic time frame for repairing the boat. Ms. Jones said that she needed five more years. Mr. Nixon commented that since the decking had been removed, the question of having an unauthorized "accessory structure" was not clear. Discussion was opened to public input. Abutter Wayne MacDonald said he had some comments but wanted first to hear from others in the audience. No one spoke up. Mr. Stewart noted that the Board had received a letter recently from abutter Ann Golini. Mr. MacDonald claimed the boat had been used as an illegal rental. He has made complaints to the police regarding illegal fires, but agreed with Ms. Jones that these complaints were two years old. He described havng seen, on a number of occasions, people living on the boat during the summer. Ms. Jones asserted she had not rented the boat, but her daughters' friends have slept on it for brief summer periods until two years ago. She has always encouraged her daughter to bring her friends home. She described other occasional accommodations for friends. Discussion was closed to public input. The Board was polled. Mr. Harrison believed that the boat should not be used for sleeping or other purposes and that Ms. Jones should agree to cover it with a tarpaulin. Mr. Lach agreed with the use of the tarp, but noted the Board's lack of authority over social activities. He could not object to sleeping on the boat in warm weather and said the building inspector should be upheld on the deck removal. The screened porch (roof) should be considered part of the boat. 3 Mr. Nixon believed the boat could not be removed, but it should not be lived in and that repairs on it should continue. Mr. Stewart hoped the Board would either uphold or overrule the building inspector's ruling. He noted that Ms. Jones waited a year from the inspector's ruling to assert that the roof was part of the boat. He concurred with the covering of the boat. Other members agreed with the Board's lack of authority over the boat's presence, that it was not a hazard as long as the deck is not reattached, and that Ms. Jones illness may have caused the delay in responding to the building inspector. Mr. Harrison moved to clarify and uphold the building inspector's ruling by ordering no sleeping or other uses of the boat and that Ms. Jones continue efforts to make it seaworthy, 2"d by Mr. Lach, Board all in favor. 03-44. Rosemary Van Antwerp and Peter Zacchilli, 83 Run Hill Rd., Map 36, Lot 14, requested a special permit under Brewster Zoning Bylaws, Art. IV, Sec. 179-11, Table 3.1, and Art. VIII, Sec. 179-25 B, to construct an accessory apartment for use by a family member. The petitioners were present. Hearing this case were Messrs. Harrison, Lach, Ms. McInerney, Messrs. Nixon and Stewart. Mr. Zacchilli described the project. The Zacchillis intend to remove the shed attached to the 150-year-old house and barn and build an in-law apartment on the existing footprint. The shed had been used as a bedroom for a long time. Mr. Stewart noted that part of the apartment will extend into the barn. Mr. Nixon asked about Mr. Zachilli's present residence; Mr. Zachilli said that he now lives in Brewster. Ms. McInerney asked how much height would be added. Mr. Freeman read from the Conservation Commission's mitigation letter and noted that plans for a proposed deck with columns and roof were not part of this application. Discussion was opened to public. None heard, discussion was closed to public input. Mr. Nixon wondered if the proposed deck were within 100' of the wetlands. The applicants didn't know. Mr. Stewart moved to grant the special permit with the usual restrictions and subject to Conservation Commission approval, 2"d by Mr. Lach, Board all in favor. Mr. Harrison moved that the apartment footprint does not extend into the setback, 2"d by Mr. Lach, Board all in favor. 4 03-45. Douglas and William Grover, 1515 Freeman's Way, Map 45, Lot 72, requested special permit and/or variance under Brewster Zoning Bylaws, Art. V, Sec. 179-16, Table 2, and Art. X, Sec. 179-52, to allow a 60x120' steel storage building to project into the setback. The petitioners were present. Hearing this case were Messrs. Freeman, Lach, Ms. McInerney, Messrs. Nixon and Stewart. Mr. William Grover identified the encroachment into the setback as 3 1/2 inches. He couldn't find two boundary markers when laying out the shed, so he estimated their locations. It was a small miscalculation. No surveyor was used. The Board noted this as a dimensional variance. Discussion was opened to public input. Planning Board Chair Elizabeth Taylor noted several other problems with the property, including the lack of several permits, including from the Water Quality Review Board. Mr. Stewart added the lack of a fire dept. permit. Mr. Freeman read from the fire chiefs comment about the lack of street sign and building number. It was noted that an oil tank noted in the fire department's inspection was located in another area. It was reported that Coastal Engineering had reviewed the application and reported to abutter Victor McLellan, Mayflower Glass, that the 3 1/2" incursion was not a problem. Discussion was closed to public input. The Board decided that the other issues were not relevant to this application. Ms. McInerney noted a June 2003 letter from Coastal Engineering regarding the setback of a "shed." Mr. Lach noted that zoning relief granted assumes compliance with other Town boards. Discussion was reopened to public input. Ms. Taylor wanted the Board to note the outstanding permits. Discussion was closed to public input. Mr. Stewart seconded Mr. Lach's comment that this was a "diminimus" (sp?) issue, one with insignificant effect. The variance request meets criterion #1 as a remote issue; the hardship is clear in criterion #2; and criteria 3 and 4 are easily met. Mr. Stewart moved to grant the variance, 2nd by Mr. Lach, Board all in favor. 5 03-46. Alyce and Richard Favreau, 11 Carriage Dr., Map 21, Lot 80-32, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 B, to construct an addition to an existing dwelling. The petitioners were present. Hearing this case were Messrs. Freeman, Harrison, Lach, Ms. McInerney, and Mr. Stewart. The Favreaus purchased the property about 20 years ago. The proposed 7'x9' addition will be built on the southeast corner, at the opposite end of the house from the pre-existing incursion into the setback. Mr. Nixon noted that the screened porch was constructed recently (7/31/01 building plans) and perhaps should be included in the granting of the special permit. Ms. McInerney asked about the addition relative to the driveway. It will be built to the edge of the driveway. Discussion was opened to public input. None heard, discussion was closed to public input. Mr. Stewart, noting the relevance of the Goldhirsch decision, moved to grant the special permit for the addition and the porch, 2nd by Mr. Nixon, Board all in favor. 03-47. Animal Rescue League of Boston, 3981 Main St., Map 30, Lot 24, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179- 25 B, to construct a 380 sq. ft. addition to an existing facility and expand and pave parking areas. Representing the petitioner were Linda Brogden-Burns, facility manager, and James Edwards, Holmes and Edwards Architects. Hearing this case were Messrs. Freeman, Harrison, Ms. McInerney, Messrs. Nixon and Stewart. Mr. Edwards described the project as an addition to the administrative area of the shelter, the construction of handicapped access ramps, and the creation of 8- 9 additional parking spaces. Mr. Nixon asked about the run-off from the parking spaces. Mr. Edwards said that a catch basin at the edge of the drive next to Route 6A would catch all run- off. Mr. Freeman reminded Mr. Edwards that parking space size was now 10'x20'. 6 Discussion was opened to public input. Planning Board Chair Elizabeth Taylor recommended 3'4 of gravel beyond the parking spaces and the installation of a French drain. She also reported that the new proposed bylaw would allow kennels in the V-B and R-R zones. Discussion was closed to public input. Mr. Stewart moved approval of the special permit, provided that parking space size was met, that pervious surfaces were pre-approved, and that adequate French drainage was located behind the new spaces, 2"d by Mr. Harrison, Board all in favor. 03-48. Michael Singleton, 1573 Main St., Map 24, Lot 8, requested a special permit under Brewster Zoning Bylaw, Art. IV, Sec. 179-11, to operate a chiropractic clinic on the premises. Dr. Singleton was present. Hearing this case were Messrs. Freeman, Harrison, Lach, Nixon, and Stewart. Dr. Singleton described the clinic as a single doctor practice with a receptionist, open 9:00 A.M. -- 6:00 P.M. This former school will have three treatment rooms, a receptionist area, an upstairs office, and a bathroom. Bennett and O'Reilly engineers and "Club Drydock," an AA facility, occupy the rest of the building. Mr. Stewart raised the problem of parking as an important issue. He asked Dr. Singleton to suggest to Bennett and O'Reilly that they park some of their vehicles in the rear of the building. Dr. Singleton agreed and added that he and the receptionist would also park in the rear. There is rear access to the building via a walkway and door. Ms. McInerney suggested placing a sign that would direct persons to "Excess parking off Swamp Rd." Discussion was opened to public input. Ms. Taylor saw no problem with the clinic and endorsed the suggestion that Bennet and O'Reilly use some rear parkng spaces. The AA meetings are held in the early evening. The parking lot is hard to enter and exit. The only sign is the number "1573". Discussion was closed to public input. The Board discussed the parking situation briefly. Mr. Harrison moved to grant the special permit, provided there were three dedicated parking spaces for the clinic, 2"d by Mr. Stewart, Board all in favor. 03-49. Michael Herlihy, 37 Setucket Rd., Map 37, Lot 53, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 B, to make additions and alterations to an existing dwelling. Mr. Herlihy was present. Hearing this case were Messrs. Freeman, Harrison, Lach, Nixon, and Stewart. Mr. Herlihy plans to build a two-car garage with a bedroom above, as well as an entryway. The existing bedroom in the house will become a computer room. There was discussion of the plot plan. Airline Rd. is closed. Airline Rd. has now become Slough Rd. The Herlihy driveway has replaced Airline Rd. The 3-car garage will become a 2-car garage. There will be a pass through from the garage to the barn. The bedroom will be relocated away from Setucket Rd. Mr. Freeman noted that the R-L zoning intensified the nonconformity. Discussion was opened to public input. Ms. Taylor asked about the name of a road and if there would be two walk-in closets. Discussion was closed to public input. Mr. Freeman asked for a new set of plans as a condition for granting the permit. Mr. Harrison moved to grant the special permit, provided that the additions be no closer than 17' to the lot line and that a new foundation plan be submitted, 2nd by Mr. Nixon, Board all in favor. 03-50. Joel Bedell, 23 Gilbert Rd., Map 7, Lot 112-1, requested a special permit under Brewster Zoning Bylaw, Art. VIII, Sec. 179-25 B, to make additions and alterations to an existing dwelling. James Pedro, agent, represented the applicant. Hearing this case were Messrs Freeman, Lach, Ms. McInerney, Messrs. Nixon and Stewart. Mr. Bedell will be replacing an existing crawl space with a basement under the center portion of the house. There will be no increase in the footprint. No jacks will be used. The basement will be used for storage. He presented a color drawing of the house with a center walkway leading from the road. Mr. Freeman noted that the increase in living space was the reason for the special permit. Discussion was opened to public input. Ms. Taylor noted that homes in the area sold for between $372,000 and $571,000. Discussion was closed to public input. 8 Mr. Lach moved to grant the special permit, in that the project was not detrimental to the public interest and in accord with the Goldhirsch decision, 2nd by Mr. Stewart, Board all in favor. The Board adjourned at 10:30 P.M. 9