Loading...
HomeMy Public PortalAboutZoning Board of Appeals -- 2005-09-13 Minutes t Page 1 of 6 Date approved _10/13/05 Vote 5-0-1 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes September 13, 2005 Chairman of the Zoning Board of Appeals, Harvey Freeman called the meeting to order at 7:00 P.m. Members present were; Bruce MacGregor, Arthur Stewart, Philip Jackson, Harvey Freeman, Paul Kearney and John Nixon. Members absent were; Brian Harrison, Suzanne McInerney and Neva Flaherty. OLD BUSINESS ■ Mr. Freeman introduced the new ZBA associate member; Paul Kearney. ■ Mr. Freeman asked if all Associate Members had been sworn in for the year? Response was YES. ■ Mr. Stewart made a motion to accept the Minutes of August 9, 2005 meeting as amended, Mr. Nixon seconded, all voted AYE (6-0-0) • Mr. Freeman noted he will not be present at the October lit" meeting and Mr. Jackson (Co- Chair) will assume the Chairman's role. ■ ZBA membership list for 2005-06 was presented for additions, deletions and corrections. This will be e-mailed to all members. NEW BUSINESS 05-29 lames Guariglio for Andrea Wong, 124 Winslow Landing, Map 14 Lot 24. Applicant seeks a Special Permit under MGL 40-A and Brewster Bylaw 179-25(B)for pre-existing non-conforming home due to setback. Demolish existing and rebuild 2-story dwelling. Motion made by Mr. Jackson to authorize the WITHDRAWAL w/o prejudice case 05-29, seconded by Mr. Stewart, all voted AYE (6-0-0). 05-08 Mark R. Draymore,41 Captain Dunbar Road, Map 7 Lot 14 Continuance. Applicant seeks a Special Permit under MGL 40A and Brewster Bylaw sections 179-6(E) and 179-51, to reconstruct stone, riprap, place fill and install fiber mats, plantings and fencing. 05-09 George Wallis,47 Captain Dunbar Road, Map 7 Lot 15. Continuance. Applicant seeks a Special Permit under MGL 40A and Brewster Bylaw sections 179-6(E) and 179-51, to reconstruct stone, riprap, place fill and install fiber mats, plantings and fencing 05-10 Carol M. Edmondson, 51 Captain Dunbar Road, Map 7 Lot 16. Continuance. Applicant seeks a Special Permit under MGL 40A and Brewster Bylaw sections 179-6(E) and 179-51, to reconstruct stone, riprap, place fill and install fiber mats, plantings and fencing. Members to hear this case were; Mr. Jackson, Mr. MacGregor, Mr. Stewart, Mr. Nixon and Mr. Kearney. Page 2 of 6 Attorney Andrew Singer was representing all 3 applicants. Two of the homeowners and Mr. Robert Perry of Cape Cod Engineering were in attendance. This will be heard as one issue with 3 separate findings. Mr. Singer presented the most recent set of drawings to the Board as this has been continued for several months. Mr. Singer gave an overview of the property and the issues involved. This is a request under 179- 6E to replace stone in front of 3 properties. The previous riprap has failed and the property is in jeopardy. They have been to Conservation several times in the last few months. An agreement has been worked out according to a letter(8/13/05) from Keith Johnson, Conservation Agent. This request is that the ZBA approve conditions contingent upon Cons Com signing final Order of Conditions. The applicants feel this project is not detrimental to the neighborhood. DISCUSSION ■ Mr. MacGregor spoke in reference to plans; AA (cutout of riprap) and BB (stairs) is the height of the slope being increased? What type of fencing? ■ Mr. Singer answered there is no increased height and the fencing will be buried within the dune for sand migration. ■ Mr. Jackson asked how long this is expected to last? ■ Mr. Singer stated there is no estimate, the last was redone in 2000 and it failed soon after construction. ■ Mr. Perry stated that storms make the difference and this is not predicable. ■ Mr. MacGregor asked if they are using stone and materials on site? ■ Mr. Singer noted existing materials would be reused as much as possible with no increase in mass. ■ Mr. Nixon asked if there are any plans for shoring up the structures? ■ Mr. Singer said the structures are fine. There is room to move 2 homes back but the home to the right cannot move. Time for this has not been determined. ■ Mr. Nixon asked if this does not work would you come back before Cons Com for further detail? ■ Mr. Singer said if more nourishment is called for they will come back through the life of the Order of Conditions. ■ Mr. Stewart asked if this work would be done from the house level or the beach? ■ Mr. Perry noted it would proceed from both levels. ■ Mr. Singer said timing is of the essence. ■ Mr. Kearney asked if Cons Com had any concerns for fiber mats? ■ Mr. Singer said NO; this is a "softer solution". Open to Public Input ■ No one spoke to the issue Mr. Stewart made a motion to close to Public Input, seconded by Mr. Nixon; all voted AYE (5-0-0) FURTHER DISCUSSION ■ Mr. MacGregor noted the concerns of expediency ■ Mr. Stewart is in favor with contingency upon Cons Com signing Order of Conditions. Motion was made by Mr. Stewart to GRANT applications in accordance with plan 95-05 and final approval from Cons Com for Special Permit under MGL 40A and Brewster Bylaw sections 179- 6(E) and 179-51, to reconstruct stone, riprap, place fill and install fiber mats, plantings and fencing. Seconded by Mr. Nixon, all voted AYE (5-0-0). 05-25 Patricia Curnan and Rita Johnson, 42 Six Penny Lane, Map 19 Lot 10 Applicant seeks a Special Permit under MGL 40-A and Brewster Bylaw 179-6(E) Page 3 of 6 Wetlands Conservancy. Proposed fill for septic system and minor grading around new dwelling and leach area. Members to hear this case were; Mr. Freeman, Mr. Jackson, Mr. MacGregor, Mr. Stewart and Mr. Nixon. Attorney William Litchfield was representing the applicant. Ms. Curnan was present as well as Mr. David LaJoie of Felco Engineering. Mr. Litchfield gave an overview of the project. This consists of 2 lots, which were part of a 1960- subdivision plan. It is a non-conforming property with isolated wetlands. It has now been decided to replace rather that rennovate the structure on the same footprint with a reduction in bedrooms from 4 to 3. A Special Permit is needed for grading and fill consistent with new septic system. Old system will be removed and replaced with a "flash system". This system need clean sand to be brought in. Conservation Commission has approved an Order of Conditions(SE 9- 1313). Ground water run off will be improved. No change in use is required and there is neighborhood support for this project. DISCUSSION • Mr. MacGregor asked what does a fast system do? • Mr.Litchfield said it is a nitrogen reduction system and allows using soils found on site and additional build up. This is the state of the art system- more appropriate to wetlands. ■ Mr. MacGregor asked if the blower is remote controlled or runs continuously? ■ Mr. LaJoie said it runs continuously 24 hours a day. • Mr. Nixon noted that according to letter of David Thyng, August 19, 2004,the adjacent Lot 12 is not buildable. • Mr. Freeman asked what is the extent of nitrogen removal? What is the removal rate? • Mr. LaJoie stated it is a 50% reduction from Title V. ■ Mr. Nixon asked if there is an approval from Board of Health? ■ Mr. Litchfield said yes but they are still awaiting final revised plans to raise leaching field. Open to Public Input ■ Trish Graham-abutter-(Lot 90) asked if raising the soil would change the runoff? ■ Mr. Litchfield stated the property has a natural burm behind petitioner's home that will solve this problem. The project is on the South side of the house; this will not effect Lot 90. ■ Mr. LaJoie noted runoff would be directed into gutters and drywells to improve drainage. • Mr. Freeman made reference to an abutter's letter received in favor of this application. Motion made by Mr. Jackson to close to Public Input, seconded by Mr. Nixon, all voted AYE (5-0- 0). Motion made by Mr. Jackson to GRANT Special Permit under MGL 40-A and Brewster Bylaw 179-6(E) Wetlands Conservancy. Proposed fill for septic system and minor grading around new dwelling and leach area in accordance with plans submitted and Order of Conditions from Conservation Commission. Approval is subject to receipt of final letter of approval from Board of Health. Seconded by Mr. Stewart, all voted AYE(5-0-0). 05-26. Herbert + Doris West, 418 Massasoit Trail, Map 40 Lot 47. Page 4 of 6 Applicant seeks a Special Permit under MGL 40-A and Brewster Bylaw 179-25(B) and Section 16, Table 2, Note 5. Pre-existing non-conforming structure lacking frontage and 50 foot setback from wetland. Members to hear this case were: Mr. MacGregor, Mr. Stewart, Mr. Jackson, Mr. Kearney and Mr. Freeman. Mr. Michael O'Loughlin (Designer) and Mr. West presented this application. This is an existing deck too close to the wetlands. The West's would like to enclose this area into a 3-season room. The rest of the deck will be replaced as it stands now. They are requesting relief of setback requirement. DISCUSSION ■ Mr. Freeman referred to the letter of 8/26/05 from Zoning Agent regarding non-conforming structure. • Mr. West stated Cons Corn had approved prior structure in 1988. Order of Conditions SE9- 409 was presented as recorded. Building Permit of 5-10-88 was presented. ■ Mr. Stewart asked a clarification concerning the map; property lines were difficult to determine; cul-de-sac off Pond Street. ■ Mr. Freeman noted a portion of the house and existing deck is 30' from the edge of the bog. ■ Mr. O'Loughlin said the new room would be 10.8" X 16" not whole deck. New shoring will be required for decking (sonotubes). Open to Public Input ■ None Mr. Stewart made a motion to Close to Public Input, seconded by Mr. Kearney; all voted AYE (5- 0-0). FURTHER DISCUSSION ■ Mr. Nixon asked if there would be a new as-built plan upon completion satisfactory to the Building Department. ■ Mr. Freeman said he was satisfied with this plan. ■ Mr. O'Loughlin said setback is the issue. ■ Mr. Nixon noted he was satisfied with this Motion made by Mr. Stewart to GRANT Special Permit under MGL 40-A and Brewster Bylaw 179-25(B) and Section 16,Table 2, Note 5. Pre-existing non-conforming structure lacking frontage and 50 foot setback from wetland in accordance with plans submitted, seconded by Mr. Kearney; all voted AYE (5-0-0). 05-27. Red Top Development, Inc., 7 Carson's Way, Map 36 Lots 37-107. Applicant seeks a dimensional Variance according to MGL 40-A and Brewster Bylaw 179-16, Table 3; relief of .6 feet in height being sought for a structure built prior to the subdivision. Members to hear this case were; Mr. Jackson, Mr. MacGregor, Mr. Stewart, Mr. Nixon and Mr. Kearney. Mr. Robert Armstrong, President and owner of Red Top Development presented this application. This structure is a barn with apartment above, sitting in a natural bowl. It was discovered to be 6" above the 30' residence height restriction by the Zoning Agent(6-8-05). Page 5 of 6 DISCUSSION ■ Mr. Stewart asked how did they find out about 6"? ■ Mr. Armstrong said Victor Staley knew of the discrepancy from an engineering determination made in 2001. A letter on file. • Mr. MacGregor asked if the building was built in 2001? ■ Mr. Armstrong said YES by previous owner. Previous owner's contractor was at fault. The original permit was 00-68 (barn with apartment) now to be a 2100 square foot home. ■ Mr. MacGregor asked if an occupancy permit had ever been issued? ■ Mr. Armstrong said NO; no one ever applied for the permit. Open to Public Input ■ None Motion made by Mr. Nixon to Close to Public Input, seconded by Mr. Kearney, all voted AYE (5-0- 0). FURTHER DISCUSSION ■ Mr. Jackson said it seems a little unfair to have to take 6" off the house. The write-up of this application adequately described the criteria for a variance. ■ Mr. Stewart noted no impact ■ Mr. Kearney said no impact, no problem. Motion made by Mr. Jackson to GRANT a Dimensional Variance according to MGL 40-A and Brewster Bylaw 179-16, Table 3; relief of 6 inches in height being sought for a structure built prior to the subdivision which Board felt was accurate, seconded by Mr. Nixon, all voted AYE (5- 0-0). 05-28. James Hadley for M/M Joseph Carty, 42 Konohassett Cartway, Map 41 Lot 11. Applicant seeks a Special Permit under MGL 40-A and Brewster Bylaw 179- 25(B) and Section 16, Table 2, Note 5. Existing house is within 50' setback from Long Pond. Applicant wants to demolish existing structure and rebuild with 41' setback. ■ Mr. Freeman noted that Cons Com Order of Condition has not been agreed upon yet. ■ Mr. Hadley made a request for a CONTINUANCE until November 8, 2005 meeting. Motion made by Mr. Jackson to accept the continuance until November 8, 2005, seconded by Mr. Kearney, all voted AYE (6-0-0). No one was designated to hear this case. 05-29. Dawson L.Jr. + Patricia S. Farber, 97 Governor Prence Road, Map 4 Lot 36. Applicant seeks a Special Permit under MGL 40-A and Brewster Bylaw 179-17, Table 2, Note 14. Addition of accessory apartment to year round residence. Members to hear this case were; Mr. Jackson, Mr. Stewart, Mr. Nixon, Mr. Kearney and Mr. Freeman. Mr. Michael and Mark Farber were representing their parents. Mr. and Mrs. Farber were in attendance. Page 6 of 6 Brief overview was given. Mr. and Mrs. Farber moved from Baltimore to their present residence as year round occupants. Design and Site Plans have been submitted. Conservation Commission has an Order of Conditions with revised plantings. They are in full compliance for an accessory apartment with 583 square feet. It will have single metering and will be used for family members or assisting nurse in years to come. The house was originally built in 1967 and has a walkout basement. DISCUSSION ■ Mr. Stewart noted it meets all setbacks ■ Mr. Freeman noted the dimension of the bedroom with closets is 12.8 X 12.6. Conditions for Accessory Apartment is not renting, used by family member or caregiver. If not used in these instances then the Building Department must be notified. r•r ■ $er. Nixon asked if septic is upgraded? Mr. Farber said it is to be relocated to the front and upgrade to 5 bedrooms. The old system - ill be demolished and filled. Op" to Public Input ■ None Mr,iLipckson made a motion to Close to Public Input, second by Mr. Nixon; all voted AYE (5-0-0) ,a Mr. Nixon made a motion to GRANT Special Permit under MGL 40-A and Brewster Bylaw 179- 17, Table 2, Note 14. Addition of accessory apartment to year round residence subject to plans submitted 7-8-05 and plans by Ryder&Wilcox for upgraded septic system, second by Mr. Jackson, all voted AYE (5-0-0). 8:40 PM Motion made by Mr. Nixon to adjourn the meeting, second by Mr. Stewart, all voted AYE (5-0-0. Respectfully submitted Marilyn Moot /Clerk eREWSTER TOWN CLERK 'a5 OCT 14 mo 54