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Home My Public Portal AboutZoning Board of Appeals -- 2007-03-13 MinutesDate approved 5-15-07 Vote 7-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes March 13, 2007 Chairman Harvey Freeman called the meeting to order at 7:00 PM. Members present were; Harvey Freeman, Philip Jackson, Arthur Stewart, Paul Kearney, Brian Harrison, and Bruce MacGregor. Members absent were Neva Flaherty, Suzanne McInerney and John Nixon. OLD BUSINESS Motion made by Philip Jackson to accept the Minutes of February 13, 2007 as presented. Second made by Arthur Stewart. VOTE 6-0-0. NEW BUSINESS CONTINUANCE 06-45 James + Kathleen Doherty, 341 Robbins Hill Road, Map 2 Lot 30. The applicant seeks a Special Permit and /or a Variance under MGL 40A-9 and Brewster Bylaw 179-25 (B) to extend and alter apre-existing nonconforming structure. The applicant was asked if they would accept substitution of member from previous hearing. The applicant responded positively. Members hearing this case were Messrs. Jackson, Harrison, Stewart, MacGregor and Kearney. Mr. and Mrs. Doherty were present at the hearing. Mr. Thomas Moore was also present. Mr. Thomas Moore (Designer/Builder) gave a brief review of the project as it now is presented. The project was previously a renovation, they have now decided to rebuild. Mr. Freeman stated we did not advertise for a dimensional variance for the 2"d structure thus that issue will have to be handled at another time. Mr. Moore said they understand that issue thus will only address the main house. This is the northerly most building. It will be rebuilt in the same location with a minor expansion of the footprint. It is now a 2 bedroom, 2 bath home; the new plan will be a 3 bedroom, 3 bath unit. The septic allows for 3 bedrooms. It is 1600 s.f. existing and will become 2068 s.f. or an increase of 468 s.f... The existing building is 26 feet high; the new will be 28 feet (slight increase). The existing 2"d story screened porch will be maintained with a slightly new configuration. BOARD QUESTIONS • Stewart- was it determined when the house was built. • Moore- all 3 were built in 1970, according to the Assessor's office. • Stewart- if prior to 1960 it could be grandfathered. Does Victor Staley know it was built in 1970? • Moore-it has been mentioned to him. • Stewart-this site plan is dated 1998. • Moore-it was revised in 2006. • Doherty-septic filed for 3 bedrooms • Jackson-front to back, and side to side seems the same as before, where are you "squaring off" ZBA Minutes 03-13-07 Page 1 of 5 • MacGregor- we should consider front pre-existing non conforming • Freeman- how do we treat this application-Special Permit or Variance? • Jackson- Special Permit, no justification for Variance. • Stewart- I will go with Special permit • Kearney-no issues with it Motion made by Brian Harrison to GRANT a Special Permit for the front building at 341 Robbins Hill Road, Map 2 Lot 30 under MGL 40A-9 and Brewster Bylaw 179-25 (B) to extend and alter apre-existing nonconforming structure. As a condition they must resolve the issue of the middle cottage (dated 1-17-07) with the Building Inspector and return to the ZBA. Second by Arthur Stewart. VOTE 5-0-0. Richard Holden, 2022 Main Street, Map 17 Lot 58. The applicant seeks a Special Permit and/or Variance under MGL 40A-9 and Brewster Bylaw 179-25B for an alteration to anon-conforming pre-existing house, specifically an increase in height from 32' 9" to 34' 8". Members hearing this case were Messrs. Jackson, Harrison, Stewart, MacGregor and Freeman. Mr. Richard Holden was present. Mr. Holden gave a brief overview of the project. He purchased the property last April. The height was not addressed by through the previous Variance (04- 26), that is the discussion today. There is no frontage for this properly on 6A. The existing building was built in 1835. He would like to replace the south portion, maintain the same pitch as the existing gable to 34.8 feet. The HDC is overwhelming in favor of the plan. In 1929 part of the building failed and was rebuilt. The foundation is still in place. It was last the Bamburg Tennis Club and prior to that the Brewster Rest Home. Mr. Holden wants to keep the pitches architecturally the same. Questions from the Board • Macgregor- is this design a shingled cottage? • Holden- Yes, its in the middle, setbacks are OK • Stewart-the only issue is the height. • MacGregor- how far along is the project? • Holden-just waiting to start. It will be a single family dwelling. • Freeman- will the Tennis Club continue • Holden-YES, as a private club. Open to Public Input No one spoke to this issue. Motion made by Phillip Jackson to Close to Public Input. Second by Brian Harrison. VOTE 5-0-0. Further Discussion • MacGregor- if looking at front elevation, looking down the ridge, it spans the whole length of the building, adding a gable on one side. • Freeman- consider as a Special Permit. • Stewart- already non-conforming not increasing the non-conformity. • Harrison- even higher creates another non conformity, new breach. Generally in favor. • Stewart-intensification, think Special permit Motion made by Phillip Jackson to GRANT, a Special Permit to applicant at 2022 Main Street, Map 17 Lot 58, under MGL 40A-9 and Brewster Bylaw 179-256 for an alteration to anon-conforming pre-existing house, ZBA Minutes 03-13-07 Page 3 of 5 Stewart-I agree Freeman- I am torn Ahern- I request to withdraw without prejudice. Motion made by Arthur Stewart to WITHDRAW without prejudice at the applicants' request. Second by Brian Harrison. VOTE 5-0-0 07-12 David + Karen Whitney, 25 Sumner Lane, Map 40 Lot 63-10. The applicant seeks a Variance under MGL 40A-10 and Brewster Bylaw 179-52 to amend #84-46 by adding approximately 210 cubic feet. above a detached garage within the 25 foot setback without changing the footprint. Members hearing this case were Messrs. Harrison, MacGregor, Kearney, Jackson and Freeman. The applicants were-present. - -- Mr. Whitney gave a brief overview of this project. This is an amendment to Variance # 84-46 that deals with the roofline of the structure. The existing Variance never did a site plan, encroaching more than the original. Adding a dormer on the roofline will add volume. There will be a full shed dormer in the back. Front roofline the same, same footprint. Questions from the Board Macgregor-are you raising the roof? • Whitney-shed dormer-increases inside set back. • Freeman- deck not within setback • MacGregor- home office or study area Karen Whitney-not a home occupation, a home office. Garage was granted but built in wrong place thus increase in volume. • MacGregor-would you be here if the dormer was stepped back 1 foot. • David Whitney-probably not, in original footprint and site plan not needed. Harrison-shed dormer without a shake • MacGregor- front elevation-raising the roofline across the back. • D. Whitney-property drops off behind the building • Freeman- amend the original Variance • K. Whitney- to make the original variance jive with the as built. • MacGregor- deck does not infringe on the setback • D. Whitney- No. • Freeman- what is the distance from the corner to garage to 25' setback? • D. Whitney- 19.4 front, current 18' Motion made by Brian Harrison to AMEND VARIANCE #04-46 to reflect the actual setbacks and allow the dormer as proposed. Second by Paul Kearney. VOTE 5-0-0. Motion made by Brian Harrison to adjourn. Second by Paul Kearney. VOTE 6-0-0. £~~ ~~~ ~Z ~dW ~~. ~..~ r, _g ~ ~.~i3Lfl ZBA Minutes 03-13-07 Page 5 of 5