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.
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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.
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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.
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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.
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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.
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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'.
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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.
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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.
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