HomeMy Public PortalAboutZoning Board of Appeals -- 2006-02-14 MinutesPage 1 of 4
Date approved 3-14-06
Vote 5-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
February 14, 2006
Chairman Harvey Freeman called the meeting to order at 7:00 PM. Members present were; Brian
Harrison, Paul Kearney, Bruce MacGregor, Philip Jackson, Harvey Freeman, Arthur Stewart, and
Suzanne McInerney. Members excused were; Neva Flaherty and John Nixon.
OLD BUSINESS
• Motion made by Mr. Stewart to accept the Minutes of January 10, 2006. Second by Mr.
Jackson. All voted 7-0-0.
^ Workshop information presented to each member.
NEW BUSINESS
05-42Steven + Janet Albahari and David + Andrea Cataldo, Lots 10 + 11 Doran Drive,
Map 23 Lot 67. The applicants seeks an Appeal of the Zoning Agents decision under MGL 40-A-
8 section 15 and Brewster Bylaw 179-6 (B) to issue a building permit for a single family dwelling
within Wetlands Conservancy District. CONTINUED until March 14, 2006.
^ Town Counsel and Reef Realty conflict presented by Mr. Farber.
^ New Town Counsel assigned for this case (Michael Ford)
05-38 ]ohn L. Hooper, 10 Nancy May Path, Map 7 Lot 11-1. CONTINUANCE. The
applicant seeks a Special Permit and/or a Variance under MGL 40A-6 and Brewster Bylaw Article
II, Section 179-6; Article VIII, Section 179-25, Paragraph A and B; and Article X, Section 179-51
to alter, extend and replace apre-existing, non-conforming single-story dwelling with atwo-story
dwelling.
05-39 ]ames E. Walsh, 16 Nancy May Path, Map 7 Lot 11-2. CONTINUANCE. The
applicant seeks a Special Permit and/or a Variance under MGL 40A-6 and Brewster Bylaw Article
II, Section 179-6; Article VIII, Section 179-25, Paragraph A and B; and Article X, Section 179-51
to alter, extend and replace apre-existing, non-conforming single-story dwelling with a
two-story dwelling.
OVERVIEW
^ Applicants are represented by Mr. William O'Brien of Singer and Singer. Mr. Hooper was
present. Mr. Robert Perry was also present.
^ Mr. John Nixon was originally assigned to these cases in December 2005. He is not present
this evening. Mr. Freeman would like to replace him with himself. Mr. O'Brien accepted this
replacement.
^ Town Counsel had written clarification letter of February 10, 2006 and how it applies. They
recommend Variance criteria are used.
Title issue ruled by Condominium. Lot lines determined for zoning purposes.
Mr. O'Brien gave a brief overview of last hearing date.
ZBA minutes 2-14-06
Page 2 of 4
^ 10 Nancy May Path has proposed to shift to the left and back 5 feet away from the coastal
bank.
^ 16 Nancy May Path (because of unique shape) is to be moved back 7', maintain left setback,
and right setback increases by 7'.
^ New sketch plans with overlay were presented by Robert Perry.
BOARD DISCUSSION
^ Mr. MacGregor asked if the layout was the same.
^ Mr. O'Brien stated it is just a shift of footprint.
^ Mr. Freeman noted it is to be considered pre-existing non-conforming.
^ Mr. Harrison asked how many other units have 2 floors.
^ Mr. Hooper said 2 out of 10 have second floors.
^ Mr. O'Brien presented a map of the surrounding area. Red shaded lots indicate structures
exceeding 1 story and yellow=single story.
^ Mr. Hooper said #58 has a second floor.
^ Mr. Harrison asked if 2"d story would block any view.
^ Mr. O'Brien said 2 cottages behind couldn't see through single story either.
^ Mr. Harrison asked if they had any sense as to lot coverage.
^ Mr. Perry said roughly 6% coverage (to mean high water).
^ Mr. Harrison asked how it relates to other homes in the area.
^ Mr. Perry said it is pretty consistent 6-9%.
^ Mr. MacGregor asked what is standard to include mean high water.
^ Mr. Perry said lot closed at "mean high water" date of creation.
^ Mr. MacGregor asked if the coastal bank is the street side of the revetment.
^ Mr. Perry said YES, percentage is total lot according to the plan not just to the top of the
coastal bank.
^ Mr. MacGregor asked if #16 goes past the coastal bank.
^ Mr. Perry said YES.
^ Mr. Freeman asked if the property line goes onto the beach. The sketch is open-ended.
^ Mr. MacGregor said the coverage issue is more realistic.
^ Mr. Perry said this is upland area only.
^ Mr. Hooper said the revetment is in line with 13-14-15-16 Captain Dunbar.
Open to Public Input. (considering both properties for discussion purposes)
^ Duane Landreth, attorney representing Julie Domonkos and husband, owner of lots #9 + 10.
Mr. Landreth presented document for Board to review. With the addition of a second floor
these units go from 600 square feet to 1000 sq. ft. of total living area. Size of the units has
a visual effect to the neighbors. This changes the character of the condominium. Owners of
10 and 16 negotiated with the Cons Com to reach the decision of moving back but using
same size and shape footprint. This move makes it more detrimental to the neighborhood.
No hardship was demonstrated and it is moving into "common area".
Mr. Landreth began discussion of Condo regulations.....
^ Mr. Freeman noted Condo Regulation is a layer of legal involvement NOT in the purview of
the Zoning Board. We deal strictly with criteria of Bylaw 179-51 and 52.
^ Mr. Landreth spoke of the site line and its effect on neighbors.
^ Mr. MacGregor noted if you look at the plan- Captain Dunbar Road on the sketch plan-how
far are they from that road.
^ Mr. O'Brien noted 25' from the road.
^ Mr. Kearney asked if the dirt road established a right of way.
^ Mr. O'Brien agreed this is not a forum for operation/management of the condominium. Mr.
Landreth's comments are misplaced. Applicants are following rules and regulations of the
condo.
ZBA minutes 2-14-06
Page 3 of 4
Mr. Landreth stated that the trustees have the authority to approve changes to common
areas with a unanimous vote of all unit owners.
Mr. Freeman again noted we would restrict discussion to ZBA issues only. Condo bylaws not
within our discussion.
Mr. Freeman noted several letters of approval from neighbors and Ms. Domonkos's letter
against project.
Motion by Mr. Jackson to Close of Public Input. Second by Mr. Harrison. Vote 5-0-0.
DISCUSSION OF THE BOARD
^ Mr. Jackson feels we have clear guidance from Town Counsel as to Special Permit for #10
and Variance for #16 (meets toughest criteria). Conservation Committee has given approval.
ZBA has set the tone of updating buildings within this area (Kingfisher Cartway). He agrees
with Town Counsel criteria for Variance as to unique shape/location.
^ Mr. MacGregor feels it intensifies an area already way too intense. Turn the buildings into
year round.
^ Mr. Jackson feels it is discriminatory to let 2 previously and not others.
^ Mr. Kearney agrees with Town Counsel but has concerns with egress. Future expansion
makes greater need for accessibility.
^ Mr. Harrison said he is on the fence. Intensification is an issue.
^ Mr. Freeman is concerned about intensification. The need for renovation makes the area
more attractive. He is concerned with 2"d floor addition detracting from the view of people
behind.
^ Mr. MacGregor feels it is a cottage colony, 2"d floor intensifies and increases use.
^ Mr. Jackson says if we take that approach how could we have approved Kingfisher Cartway.
^ Mr. Freeman says the difference is location-nothing behind them.
^ Mr. Jackson stated 2 have already been allowed.
^ Mr. Freeman says we can make a compromise, we could move the footprint but eliminate the
2"d floor. That would speak to all concerns. Is it viable?
^ Mr. Jackson said that is an alternative.
^ Mr. Freeman stated it lessens the impact.
^ Mr. Kearney feels he could consider that as they keep in tune with the area.
^ Mr. Harrison feels he would go with 2"d floor if dormers were removed.
^ Mr. Freeman suggests a continuance and return with revised plans.
^ Mr. Kearney asks for change of accessibility to the site.
^ Mr. Harrison suggests removing dormers still give it the cottage look.
^ Mr. MacGregor feels that there should not be a 2"d floor.
^ Mr. O'Brien noted Mr. Hooper would consider Mr. Harrison's suggestion. They would re-work
the 2"d floor and consider a continuance.
^ Mr. Hooper noted trying to upgrade didn't meet codes. Tear down and start over was the
only way. 2 bedrooms on 2"d floor without dormers can be considered, it would still be
winterized, and the intensification is the same.
^ Mr. Kearney noted year round occupancy with a rebuild speaks to intensification.
^ Mr. Hooper said it is a 2-bedroom now and will remain a 2-bedroom.
^ Mr. Perry added that the septic did not need an upgrade, it is a very small home and will stay
small, and an easement is acceptable.
^ Mr. MacGregor added do we want 10 year round houses or keep this seasonal cottages.
More intense is too much. What point is too much? He does not want a 2"d floor would
prefer same roof pitch.
• Mr. Jackson said we allowed Kingfisher- we should use the same guidance. Most everyone
along the beach is 2-story.
ZBA minutes 2-14-06
Page 4 of 4
^ Mr. Harrison said the "mass of the house" is his objection. All of these cottages will become
year round shortly. More acceptable without the dormers.
^ Mr. Kearney suggested we restrict the 2"d floor with guidance.
^ Mr. Jackson said the Board seems to be leaning in that way-perhaps going toward
eliminating the dormers.
^ Mr. O'Brien indicated that Mr. Hooper was willing to accept Mr. Harrison's suggestion of
eliminating the dormers.
^ Mr. Landreth said it is unacceptable to approve plans that do not exist- too loose.
• Mr. Freeman said we need solid plans. Perhaps a continuance is needed to present revised
plans showing modifications proposed by the Board. Location and footprint seem
satisfactory. The Board would also like to see Fire Department input as to the access issue.
Motion made by Mr. Jackson to CONTINUE 05-38 and 05-39 until April 11, 2006. Second by Mr.
MacGregor. Vote 5-0-0.
06-03Don + Martha Baker, off Gull's Way, Map 34 Lot 46-1. The applicant seeks an
Appeal of the Zoning Agent under MGL 40A, sections 8 and 15 ruling that the lot in question lacks
grandfathered zoning dimensions to qualify as a buildable lot. Request made by Attorney William
O'Brien for CONTINUANCE until March 14, 2006.
Motion to CONTINUE made by Mr. Harrison. Second by Mr. MacGregor. All voted 7-0-0.
8:45 PM Motion to adjourn made by Mr. Harrison. Second by Mr. Stewart. Vote 7-0-0.
Respectfully,
~~~
arilyn Mooe / erk
ZBA minutes 2-14-06