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Home My Public Portal AboutZoning Board of Appeals -- 2005-01-11 Minutes w r Town of Brewster rn Meeting Minutes Zoning Board of Appeals rn January 11, 2005 N � CO 'D Chairman of the Board, Harvey Freeman called the meeting to order at 7:00 pot. No new communications presented. The minutes of December12, 2004 were approves presented, motion to accept by Mr. McLellan, Ms. Flaherty seconded the motion, all voted*e, ancahe minutes were approved. 04-55. Paul and Joyce Steir, 1861 Main Street, Map 17 Lot 70 & 75, In accordance with M.G.L. 40A8, 14 the applicant requests an appeal of the decision from Building commissioner regarding the cease and Desist order for the use of tents on the property. Request to continue due to attorney conflict. Motion made to continue this case until March 8, 2005 meeting by Mr. Stewart, second by Mr. McLellen, all voted aye. Proper application signed. Continuance Granted. 04-52. Continuation. Geraldine Boccio, Trustee of Boxer Shorts Realty Trust, 4018 Main Street. Map 30, Lot 22. Lot is located in the V-B zoning district. Applicants request to appeal the decision of the Zoning Agent in accordance with G.L.C. 40A, #8 & 15. Under Brewster Zoning By-law Chapter 179, Article V, Table 3 (Height and Bulk Regulations). Proposed project will result in 18.6% of lots buildable upland. This case was continued waiting for Town Counsel opinion. As of this date, this has NOT been received. DISCUSSION- ♦ Mr. Jackson feels there is an honest difference in opinion and this should be continued in everyone's best interest ♦ Messrs. McLellen, Nixon, Stewart and MacGregor agree ♦ Attorney Sheeley agreed, February 8, 2005 date is acceptable. Continuance form has been signed Mr. Stewart made motion to continue this issue. This will be heard at the February 8, 2005 meeting. Seconded by Mr. Nixon, all voted aye. Continuance Granted 04-56. Richard and Hope Cleary, 130 Gull's Way, Map 34 Lot 55, Applicant requests an appeal of the Zoning agents decision and in the alternative seeks a dimensional variance for relief of the frontage requirement as in Brewster zoning Bylaws Sec. 179-16 Table 3. Attorney Francis A. DiLuna was present to represent the Cleary's'. At this time Mr. DiLuna presented a five-page document citing fact and law in relation to this appeal. DISCUSSION- Mr. Nixon stated a five page brief at this time is a disservice to the applicant, they would be better off to continue ♦ Mr. MacGregor states Town Counsel will probably not see this document ♦ Mr. Stewart feels the Board cannot due justice to this issue without time to review this latest document ♦ Ms. McInerney wanted to know the applicant's responsibility for late submissions. ♦ Ms. Flaherty feels additional materials should be presented at least 10 days prior to meeting ♦ Mr. Harrison thinks we should proceed with caution and work out language for change in our application Motion made by Mr. Jackson to continue this case to the February 8, 2005 meeting, Mr. Stewart seconded motion, all voted aye. Continuance Granted CONTINUED DISCUSSION- ♦ Any neighbors/abutters letters in the file? Answer: NO. Parties note letters had been sent to the Building Department (we will check into this further) ♦ Ms. Flaherty requests that if possible Victor Staley (Zoning Agent) should attend the February meeting. There is also a question that Mr. Staley's letter dies not deal with the enabling law as stated in the new memorandum ♦ Mr. Freeman feels this is good idea as his letter of October 29, 2004 was extensive ♦ Neighbors- can they get or see copies of all records. The Chairman told them they could see the file in the ZBA office during regular business hours. 04-S7. Mr. and Mrs. Jeffrey Piazza, 23 George Porter Cartway, Map 3 Lot 13S, requests special permit or in the alternative a variance under Brewster Bylaw, Sec. 179-51 for pre-existing non-conforming home due to set back. Demolish and replace existing home. Members to hear this case were Messrs. Jackson, MacGregor, Harrison, Stewart and Nixon Mr. Jaques LaPointe of Pleasant Bay Homes representing Mr. and Mrs. Piazza Overview- Mr. LaPointe presented a brief overview. A summer home to be replaced by a year round modular home. A small lot, home was 1216 sq.' to be enlarged to 1352 sq.' Proposal to place the new foundation 2' forward only 22' from George Porter Cartway. Mr. LaPointe presented a plan with 3 separate plans as to proposed dwelling DISCUSSION- ♦ Mr. Jackson asked if there would be a new foundation (YES). Suggest rotating the building counter-clockwise a few degrees (about 10 degrees) would improve 11.5 and 22 frontage ♦ Mr. Stewart states that this type of rotation would be parallel to existing property Line ♦ Mr. MacGregor asked what a re they considering the "pivot point" ♦ Mr. Jackson indicated the center of the home to be the pivot point ♦ Mr. Freeman stated the home is set to the property line not George Porter Cartway ♦ Mr. MacGregor states it can be moved back more, sides OK, front OK with 15' Cartway not laid out; just an easement ♦ Mr. Stewart feels Proposal#1 is OK without increasing non intensification ♦ Mr. Freeman states this in a non-conforming home; that is the only reason we are here. ♦ Mr. MacGregor asked about Fire Dept. issue with access/ trees would have to be trimmed to bring manufactured home onto lot; this will solve access problem The meeting open to public input No one to speak on this issue Motion to close public input made by Mr. Nixon, second: Mr. Jackson, all voted aye CONTINUED DISCUSSION- ♦ Mr. Harrison noted except on vacant land 40' setback required ♦ Mr. Freeman noted the Building Commissioner felt that set backs were 30' is in effect (when house first built) NOTE: Subject of discussion at Bylaw meeting Thursday is the issue of confusion with setback ♦ Mr. Jackson again brought up the possibility of rotating the house to give 40' in front and leave back at pre-existing 11.5'. This would be option #3. ♦ Mr. Stewart noted going up will increase intensification thus a Special Permit is needed ♦ Mr. Nixon noted only slight intensification to footprint ♦ Mr. LaPointe stated only 2' move in width, garage and mudroom remain at 26' ♦ Mr. Jackson wants to know if the Board can move ahead without a new site plan (indicating rotation)? Decision should be contingent upon new plan ♦ Mr. LaPointe indicated this can be done Mr. Stewart made a motion to approve Special Permit contingent upon new proposal #3 site plan that meets the front lot lines/ same square footage as #2 and 2nd floor as presented. Mr. MacGregor seconded the motion, all voted aye. Special Permit was granted contingent upon new plan. Decision to be written by Mr. Jackson 04-58. Daniel C. Wood, Main Street/10 Blue Jacket Way, Map 22 Lot 26-3, Applicant requests appeal of the zoning agents decision that a variance is required and in the alternative seek a variance for front set back. Members to hear this case were Messrs. Freeman, MacGregor, Harrison, McLellan and Ms. Flaherty. Mr. Wood presented a general overview of the property. Plan has not changed since original plan of Peggy Farber. Order of Conditions issued by Conservation Commission. Originally there was a verbal OK for perk test, and engineering plans but no building permit. Mr. Wood is here for a final decision. DISCUSSION- Mr. Harrison read the definition of corner lot as shown on page 12 - owner shall designate frontage ♦ Mr. Wood says current Zoning Agent states both must be 40 foot frontages. Different interpretation of past Zoning Agent ♦ Mr. Freeman notes Table 2, Note 3 states difference (40" each) ♦ Mr. MacGregor notes this is just another example of conflict within Bylaw ♦ Mr. Wood states he has 85' off 6A and 37' off Blue Jacket; this was acceptable by previous Zoning Agent now not OK ♦ Mr. Freeman asks if the garage could move 3' to the east giving 25' in rear; still within 50' edge of wetlands ♦ Mr. Wood-Order of Conditions cannot be changed ♦ Mr. Harrison has a problem with the conflict of definition vs. Table ♦ Mr. McLellan has no problem with either dimension as it is ♦ Ms. Flaherty questions vegetation line of 50' (within limits). She also questions the elevation issue (not applicable) ♦ Mr. McLellan notes that if the house is moved at all it must return to Conservation Commission (4 months out) for a new Order of Conditions The meeting was open to public input. ♦ Elizabeth Taylor noted her interpretation of Bylaw is double setback for corner lot. She will bring up the conflict between the definition and the Table at the up coming meeting Tuesday afternoon. ♦ Mr. Wood stated when purchased it was listed as 0 Main Street 6A. The fire Department designated Blue Jacket Way, but did not notify Assessors ♦ Mr. McLellan stated on a personal note he had a choice on his corner lot in the past ♦ John Ulren, 597 Main St., Dillingham House (abutter) noted many abutters have attended meetings in the past in opposition to this lot. He feels it is extraordinary to grant this variance- meets criteria of geography and historic not slope and water. ♦ Mr. Wood states the front door is Main Street (80') can't understand how it affects neighbors Mr. MacGregor made a motion to close public input, Mr. McLellan seconded, all voted aye. CONTINUED DISCUSSION- ♦ Mr. MacGregor stated this was begun in 1996 with Engineering report, Conservation took forever and in both cases "new rules and interpretations" have come into being. Do we use start date or keep revolving dates. ♦ Mr. McLellan agrees with Mr. MacGregor ♦ Ms. Flaherty is worried about how many of these situations we will have to hear. It continues to make confusion for the new Zoning Agent. ♦ Mr. MacGregor notes Thursday meeting will bring the Building Inspector with the Town Counsel; hopefully something will come out of it. ♦ Mr. Harrison noted a lot becomes buildable (40A-6) when created ♦ Mr. Wood stated the lot was created in 1978 not under 40A-6 ♦ Mr. Harrison asked is this variance or should the Building Inspector be overturned? ♦ Mr. Freeman notes the Board has to exercise their own judgement on the issue. ♦ Mr. MacGregor feels that this is unfair to applicant/ rules changed in mid game ♦ Mr. McLellan suggested that would it be a problem to change dimensions ♦ Mr. Wood stated that is not a solution as all plans would have to be re-done ♦ Ms. Flaherty asked the applicant if he bought the land with the house all planned out? Answer-yes ♦ Mr. Freeman asked when Mr. Wood purchased the property? Answer- 10-27-04 with all revisions prior to purchase. ♦ Mr. MacGregor suggests the Board over rule the Building Inspector ♦ Ms. Flaherty has no problem over ruling if it is clear of conflict ♦ Mr. Freeman wants to discusses Variance criteria ♦ Mr. Harrison notes no hardship applicable Mr. Harrison made a motion to overturn the Building Inspector based on 179-2 B definition of lot line front (copy p.12). The Board notes apparent conflict 179-16, Table 2, Note 3. The Board considered previous Building Commissioner apparently used the definition (pg.12) over time. Mr. McLellan seconded. Discussion-none. All voted aye. Appeal Granted. Decision to be written by Mr. Freeman ♦ ZBA budget has been separated from Planning Board this year. Educational forums and seminars will be paid in advance and members will be reimbursed. Mr. MacGregor moved to adjourn, Mr. Stewart seconded, all voted aye. Meeting adjourned at 9:00 pm Respectfully submitted by, Accepted on JMAarilynAM666b�rs &MW�� Clerk Edited 01/21/05