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HomeMy Public PortalAboutZoning Board of Appeals -- 2006-09-12 MinutesPage 1 of 5 Date approved 10-10-06 Vote 8-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes September 12, 2006 Chairman Harvey Freeman called the meeting to order at 7:00 PM. Members present were; Brian Harrison, Paul Kearney, Art Stewart, Philip Jackson, Bruce MacGregor, John Nixon and Neva Flaherty. Member absent was Suzanne McInerney. OLD BUSINESS • Minutes of 8-8-06 were just e-mailed recently, not enough time to review. Consider minutes at October 10 meeting. • All members were sent packet with Proposed Zoning Amendment changes for Fall Town Meeting. Please review and forward any comments to Chairman. • Note was sent to Sarah Turano-Flores thanking her for past assistance and work with the Zoning Board of Appeals. • FYI-article from Cape Codder • fee structure revision (to be discussed at the end of the meeting) NEW BUSINESS 06-21 Lucille Owocki, 45 Doran Drive, Map 23 Lot 67. Appeal Zoning Agent Decision of May 11, 2006 under MGL 40A-15. Applicant requests a WITHDRAWAL without prejudice. Motion made by Brian Harrison to GRANT withdrawal without prejudice. Second by John Nixon. VOTE 8-0-0. 06-23 Brewster Orleans Properties, Route 6A and Vesper Pond Drive, Map 30 Lot 006. Applicant seeks an Appeal of the Zoning Agents Decision under MGL 40A, Sections 8 and 15 and Brewster Zoning Bylaw 179, Sections 11 and 15, Tables 1 and 2 to develop single family dwellings on individual parcels. Attorney Myer Singer represented applicant. They wish to request a CONTINUANCE until the October 10, 2006 meeting. They are waiting on a question of interpretation and discussion with the Planning Board. Motion made by Brian Harrison to CONTINUANCE until October 10, 2006. Second by Arthur Stewart, VOTE 8-0-0. AUDIENCE QUESTIONS • Who is Brewster Orleans Properties? • Mr. Singer said William VonBaden of Orleans owns the property. • William Saul asked if Conservation Commission has been consulted regarding vernal- pools. • Mr. Singer stated that there is no question of wetlands on site and if any work is to be done Cons Com will be asked for approval. • Another issue was regarding curb cuts on 6A. ZBA minutes 9-12-06 Page2of5 • Mr. Freeman said a continuance has been granted and issues of that nature will be answered when presented. 06-26 7ennifer and Christopher Bronsdon, 1424 Main Street, Map24 Lot 30-1. The applicant seeks to Appeal the Zoning Agents decision regarding existing use as antique shop business that has expired under MGL 40A- 9 and Brewster Bylaw 179-11. Members hearing this case were Messrs. Freeman, MacGregor, Harrison, Stewart and Nixon. Attorney Richard Perry represented the applicant. The applicant and her daughter (Diane) were present at the hearing. Mr. Perry presented several letters of support and detailed their knowledge of the past Antiques business on this site. Mr. Perry also presented a Chronology of events for this property and business. This is a 50-year-old business and house that had been sold and continued as the same type of business...nothing different. We feel the Zoning Agent is putting the cart before the horse. The Antique shop is a permitted use. There is an overlay district bylaw (Nov 2003) that requires applicant to go to planning Board for Special Permit for change of use. Antique shops are exempt. The Zoning Agent determined that there had been abandonment for 2 years, however, the owners son (Charles Howes) stated this was not abandoned. Mr. Perry stated that the Zoning Agent should provide proof of abandonment not the applicant. At this time he went through the chronology that was presented to the Board. Board Discussion • Mr. Freeman noted that a DBA certificate was issued by the town on 6020-06 to expire in 2010. This further indicates that the town recognizes the business. • Mr. Stewart stated that we just got a letter of sales from the auctioneer who sold the antiques. • Mr. Perry said the Zoning Agent must have information to prove abandonment-the former owner died but the P+S agreement was signed prior to his death. • Mr. Harrison noted that there seem to be recent renovations • Mrs. Bronsdon said the ceiling in the wing was replaces, new lighting and heat. • Mr. Harrison asked if this was done with a building permit? Was an occupancy permit issued? • Mrs. Bronsdon said the permit was closed 8-4-06. • Mr. Nixon mentioned that perhaps Mr. Staley had visited the shop after the antiques were removed for auction sale. • Mr. Perry again stated the Zoning Agent had to establish abandonment with proof, then the applicant deals with the situation. Open to Public Input • Judy Schuhknecht (citizen) asked if the Building Permit is closed can the Zoning Agent come after to determine if a business? • Mr. Harrison said how the building permit was issued is unknown. The builder did not have an occupancy permit on final sign off. The Zoning Agent can come at any reasonable hour for inspection. • Judy Schuhknecht said she has known the Bronsdons through the Chatham store and they are fair and a pleasure to have them doing business in Brewster. Motion made by Brian Harrison to Close to Public Input. Second by John Nixon. Vote 5-0-0. Further Discussion • Mr. Harrison said he feels that they have proven their case. Some misunderstanding. ZBA minutes 9-12-06 Page3of5 • Mr. Nixon feels Victor Staley made an incorrect assumption. He feels the Zoning Agents decision should be overturned. • Mr. MacGregor feels that proof has been provided that the business continued. • Mr. Stewart agrees with all that has been said. • Mr. Freeman said that he feels that if the town recognizes the business it must have been ongoing. Motion made by Mr. Nixon to OVERTURN the Zoning Agents decision regarding the continued use of the existing Antique Shop at 1424 Main Street. No evidence of abandonment was found and a valid DBA certificate is in place. Second by Mr. Stewart. VOTE 5-0-0. 06-27 Michael Mara and Lisa Mead Mara, 379 Tubman Road, Map 35 Lot 23-3. The applicant seeks a Dimensional Variance under MGL 40A-10 and Brewster Bylaw 179, Article V, Table 2, Notes 1 and 11 to build a second dwelling on a panhandled lot with less than required footage. Members hearing this case were Messrs. MacGregor, Harrison, Kearney, Freeman and Ms. Flaherty. Mr. and Mrs. Mara were present as well as Mr. Robert Perry from Cape Cod Engineering. Mr. Perry was asked to give a brief overview of this project. This is a panhandle lot that has access for 3 lots. In 1983 there was a reciprocal easement for lot 1-3-4. The Planning Board endorsed this. The original advertisement was for required footage but according to the Zoning Agents second letter this is not the problem rather non-conforming accessed with reduced frontage. According to Note 1- residential lot may contain 2 units if twice the size and proper street access. Panhandled lot is under footnote li. Question appears that lot 3 + 4 was at one time a single lot. Map dated June 9, 1983 shown by Mr. Perry. Discussion • Ms. Flaherty noted that only Lot 1 is panhandled, then split the bottom of Lot 2 = 3 and 4. • Mr. Perry said if 3 driveways were to be side by side it would equal common driveway. • Ms. Flaherty asked how many use the access now? • Mr. Perry said 3 (lots 1-3-4), it is busy but it works. • Ms. Flaherty asked why doesn't lot 2 have its driveway in their panhandle? • Mr. Perry said because of the steep hill. Original Planning Board decision was Ok with this. • Mr. Harrison stated that a violation already exists. Legally created as a Special Permit. • Mr. Perry said this is not a problem with the Zoning Agent if nonconforming of driveway-Victor Staley's letter of 8-30-06. • Mr. Freeman read the letter to the hearing. • Mr. Harrison noted that the access was legal through the Planning Board endorsement making it pre-existing non-conforming. Open to Public Input • Howard Sirois- his issue was he did not receive a map of the property. He was told that the office had a complete file that could have been reviewed as stated on his abutters notice card. • Elizabeth Taylor (Planning Board member) asked if there were 3 or 4 lots off this access? • Mr. Perry said 3 lots • Mr. Freeman stated no response from the Fire Department and "No Issues" from Police Department. No-other responses from Town Departments. • Jillian Douglass noted that there is only one curb cut with 3 easements. • Mr. Perry agreed 3 easements with a common driveway having no restrictions. • Jackie Grenengier (abutter) asked if there had been any response from the Fire Department, her concern was access and turn around for fires. Also, she had concern regarding drainage. ZBA minutes 9-12-06 Page 4 of 5 • Mr. Perry said that there is very little drain off toward Alden Drive, it is about 150 feet from the lot line. Fire access was adequate for the Mara's single home that is there now. Motion by Mr. Harrison to Close to Public Input. Second by Ms. Flaherty. VOTE 5-0-0. Discussion • Mr. Freeman asked the Board how they feel about Variance vs. Special Permit? • Mr. MacGregor said he could not see a Variance. It has been on the plans for 20 years. • Mr. Harrison said that the violation exists. It should be dealt through a Special Permit. • Mr. Kearney said he feels the same. • Mr. Freeman said he feels the Special Permit legitimizes the easement. Motion made by Mr. Harrison to GRANT a Special Permit to allow access on panhandle lot as a matter of right, if they so choose to all 3 lots. Second by Mr. Kearney. Vote 5-0-0. Motion by Mr. MacGregor to withdraw without prejudice the Variance. Second by Ms. Flaherty. VOTE 5-0-0. 06-28 Wayne Hyman, 3671 Main Street, Map 11 Lot 25. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25B to rebuild and relocate apre-existing nonconforming cottage within the wetland area to an upland location at Cranberry Cove. Members hearing this case were Messrs. Freeman, Nixon, Harrison, Stewart and Kearney. Mr. David Duvall represented Mr. Hyman. Mr. Wayne Hyman was present at the meeting. Mr. Duvall gave a brief overview of this request. This cottage is in the wetland area. They would like to move it to upland position and rebuild to look like the others. The Zoning Agent has recommended this. It has not been before the Conservation Commission. Board Discussion • Mr. Stewart asked if the proposal to move would also expand the size? • Mr. Hyman said YES, from 12 x 222 to 18 x 18. From 275 square feet to 350. • Mr. Duval said it would have the same number bedrooms, Health Dept Ok with this. • Mr. Nixon asked when there will be a Cons Com filing? • Mr. Hyman said they came here first then will go to Cons Com rather than pay the cost of the certified drawings if not acceptable to move. • Mr. Freeman asked if it will still fall within the 100' line? • Mr. Hyman said it might fall directly on the line. • Mr. Harrison asked if this is a seasonal cottage? • Mr. Hyman said N0, year round, #5 is the only seasonal. Open to Public Input • Elizabeth Taylor asked if the house has been sited yet? Have wetlands been delineated? When will Cons Com schedule this? • Mr. Freeman said the decision will have Cons Comm condition. • Jillian Douglass said locating this unit outside the wetland is a benefit. Size increase is also a benefit. • Mr. Hyman said it is creative, affordable housing. Motion by Mr. Harrison to Close to Public Input. Second by Mr. Nixon. VOTE 5-0-0 Discussion ZBA minutes 9-12-06 Page 5 of 5 • Mr. Harrison said that it is not more detrimental. • Mr. Stewart is OK with this. • Mr. Kearney has no problem with this permit. • Mr. Nixon agrees with this permit. • Mr. Freeman feels there must be a condition of precise location and Cons Com approval. Motion made by Mr. Stewart to GRANT a Special Permit to rebuild and relocate apre-existing nonconforming cottage within the wetland area to an upland location at Cranberry Cove with conditions; Cons Com approval and certified site location plot plan. Second by Mr. Harrison. VOTE 5- 0-0. 8Z: b ~ E l 1~0 f»c~~ ~ s~.. ,o _15~r~3~8 ZBA minutes 9-12-06