Loading...
HomeMy Public PortalAboutZoning Board of Appeals -- 2007-07-10 MinutesDate approved 8-14-07 Vote 7-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes )uly 10, 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, Suzanne McInerney, Robert McLellan and Bruce MacGregor. OLD BUSINESS • Motion made by Arthur Stewart to accept the Minutes of May 15, 2007 as corrected. Second made by Paul Kearney. VOTE 8-0-0. • Motion made by Brian Harrison to accept the Minutes of May 17, 2007 as presented. Second made by Arthur Stewart. VOTE 5-0-0. • Letter from Neva Flaherty was presented. Neva's resignation was accepted with regrets and the best wishes of the Board for her recovery. • New Alternative Member, Robert McLellan, was welcomed back to the Board of Appeals. NEW BUSINESS 07-17 Harold A. and Phyllis May, 81 Captain Perry Road, Map 34 Lot 6-2. The applicant seeks an Appeal of the Zoning Agents decision under MGL 40A-8 and 15 and Brewster Bylaw 179-2 and 37 for Home Occupation use. Members hearing this case were Messrs. Jackson, Harrison, Stewart, Kearney and McInerney. Attorney Benjamin Zehnder represented the applicant. Harold and Phyllis May were present. Mr. Zehnder gave an overview of this application. He is representing the May's; abutters to 81 Captain Perry Road. The operation at 81 Captain Perry Road is referred to as a home occupation (Mark's Repair Services/Mark's Home Services) but they are using an adjacent garage to provide business. The Mays' experience frequent truck deliveries to the property. Trucks of a variety size including large vehicle on a gravel road with a cul-de-sac are out of place in this neighborhood. There seem to be a number of clients coming to the home to conduct business rather than Mr. Watson going to the client. The pick-up of equipment at the property produces dust and noise etc. (Mr. Zehnder submitted pictures of many trucks that use this road). Mr. Zehnder also presented to the Board a packet of letters, Building Permits, plans and letters. The Zoning Code defines a home occupation as entirely within the dwelling unit and not changing the residential character of the building. There is separate building at the end of the cul-de-sac where materials are delivers and picked up. 179-37 states "no more that 4 persons employed and no more that 40% (not to exceed 400 s.f.) of the principal building devoted to use. ZBA Minutes of 07-10-07 Mr. Zehnder's client is asking the ZBA to look at the evidence; 1) it does not qualify as a Home Occupation 2) if it does, impose condition for uses- deliveries to sites, not retail or wholesale pick-ups, trucks limited to a certain size and hours of business (deliveries). ^ Freeman- asked Mark Watson to come forward to the table. Mark D. Watson- Mark's Home Services is the name of the business. He is a licensed Master Gas Fitter. This is a one man operation. He uses local supply houses- mostly pick-up. However, a few off Cape sources must be delivered. Most deliveries are from 7:30 AM to 3:30-4PM. No customers come to the house, work is done on customers site. Mr. Watson was given the definition of Home Occupation by Victor Staley. If the garage was not attached to the house it cannot be used as part of the house or "principal building". They are considering adding a mud room to attach the 2 units. Try to keep things to a minimum. According to Mr. Staley they are in compliance. BOARD QUESTIONS ^ Harrison- is there a log or any kind of record to show the traffic? ^ Zehnder- YES, extensive but does not include after dark or winter. ^ Freeman- can you reading from the log rather than pass around? ^ Zehnder-(read 4 pages into the minutes ): 12/28/05 1/5/06 1/10/06 1/11/06 1/18/06 1/19/06 1/20/06 1/25/06 1/26/06 2/1/06 2/2/06 2/4/06 6/27/06 7/19/06 7/24/06 7/25/06 7/26/06 7/27/06 7/28/06 8/11/06 8/12/06 8/17/06 9/16/06 ^ Watson-many unmarked trucks are visitors and family, not business trucks. Deliveries from suppliers that I cannot get locally. Supply houses do not work after 4-5 PM. ^ Stewart-if equipment comes in, do contractors come and pickup? ^ Watson- no, I work for myself, keep storage in the basement or it goes directly into my truck to be taken to work site. ^ 7ackson-have you tried to have items delivered to work sites? ^ Watson-most large items are delivered to site. ^ McInerney-the letter from Victor Staley just says the Home Occupation is warranted for Mr. Watson. Documentation from Mr. Zehnder indicates the abutter cannot tolerate that kind of traffic. ^ Watson- some deliveries are personal in nature (Fed Ex, UPS) and many vehicle are friends and family. ^ Stewart-why did we not receive this information earlier? We request all information 10 days prior to the meeting, ZBA Minutes of 07-10-07 - 2 - ^ Watson- the number of Home Occupations listed in Brewster is unknown and they must all receive deliveries. ^ Zehnder-service trade businesses receive deliveries, not appropriate to home occupations. It would be more appropriate to rent an industrial bay. ^ Harrison- how many listings on the log are local businesses (FW Webb/Snows)? ^ Zehnder- Cape Cod Express etc, too much • Watson-certain things can be picked up at warehouses, but that is time, gas and more expenses. ^ Harrison-maybe some sacrifices have to be made. ^ Watson-no customers come to the house ^ Harrison-how can we allow this business to keep going, but find an off site drop off (mediation) ^ Watson-I try to pick up as much as I can but some suppliers have to come in. ^ Harrison-anyplace else you can establish another address, if given 30-60 days can you find a neighbor or friend to work with? Are you willing to go that extra step? ^ Watson-could if necessary, Bylaw interpretation not specific as to type of businesses. ^ Harrison-fine line, but the effect on the neighborhood is important. ^ Kearney-problem is 2 sides to a story, where does the truth lie? This is a difficult area-2 different stories. We must interpret and find common ground. ^ Jackson-list of travel log doesn't seem that frequent, but I like Mr. Harrisons approach to minimize number of deliveries. ^ Stewart-too intense for that neighborhood. 179.37E puts it in perspective, put restriction as we have done in a past case. What is this about use of another building? ^ Watson-there is a shed but things are not stored there. Propane and Oil trucks deliver on a regular basis. The street is supposed to be 40' wide for fire truck access. ^ Stewart-Captain Perry Road is not 40' wide. Open to Public Input ^ ]ane Labdon (Brewster resident)-number of deliveries doesn't seem excessive. ^ Tim Reynolds-I maintain the road for plowing etc. and I can turn a large truck around there. ^ Alice Eldridge (abutter) - no problem with trucks coming in. Some are family. This problem has been fueled by a feud. I support Mark and know that people are not coming in to buy. This is a private road we pay to maintain. Don't see any problem. ^ Phyllis May-Mrs. Eldridge is not home during the day as she works, when they trucks are coming in and out. ZBA Minutes of 07-10-07 - 3 - ^ Megan Watson-(daughter) - I come home late, it is probably my truck that they hear coming and going. No trucks bigger that UPS. ^ Kearney-how long has the business been in existence? ^ Watson-4 years. Motion by Brian Harrison to Close to Public Input. Seconded by Arthur Stewart. VOTE: 5-0-0 BOARD DISCUSSION ^ 7ackson- Can Mr. Watson come up with a plan to structure hours of delivery, no customers and minimize deliveries? ^ Kearney-as a small business, is there anyone you can work with-their location might be more acceptable to receiving deliveries. ^ Watson-certain things I can't get locally, work with the Town the best I can. ^ 7ackson- do we agree that the applicant can set this up?' ^ Harrison-yes ^ 7ackson- define hours, maximize deliveries. ^ Zehnder- personal deliveries are fine. Nervous of maximum /minimum, I feel we need specifics. Home Occupation needs "not best efforts", put limitations. • Watson-don't use detached dwelling, time frame for trucks, lease number of trucks possible. ^ Kearney-you can't tell a company what size truck to send. ^ Stewart-what do you think you can come up with specifically. ^ Zehnder-Zoning Board cannot fashion the Bylaw. We disagree with Mr. Staley. You have to decide if this is a Home Occupation or not. °Do your best" doesn't cut it. Board should tackle the question we put forth. ^ Freeman- I think the Board should consider a Continuance until September, ask Mr. Watson to find an off-site location or similar type of solution. If more time is needed that could be considered. The Bylaw is not specific enough. ^ Zender- there is no service trade definition. ^ Freeman- would you consider a continuation? ^ Watson-sure, but please be specific. Is it a question of how Home Occupation is defined? Are all Plumbers and Electricians in compliance? ^ Freeman-explore off-site place for delivery of packages. ^ McInerney- I would not vote for a Continuance, it is our obligation to benefit an abutter; to accommodate the petitioner. There is a problem; we have spent a lot of time to resolve this tonight. ^ Harrison-I have only heard one neighbor complaint. ZBA Minutes of 07-10-07 - 4 - ^ Zender- there is another letter of complaint (by a land owner). Motion by Philip Jackson to continue this application until September 11, 2007, allowing Mr. Watson time to find an off-site delivery spot or limit deliveries, set hours of operation and no customers on site. Seconded by Brian Harrison. VOTE: 4-1-0 Vote carried. Suzanne McInerney -N0. 07-18 ]ane Potter, Trustee, Lemon Tree Village Realty Trust, 1069 Main Street, Map 19 lot 52-1, 52-2, 52-3. The applicant seeks a modification of a Special Permit issued in 1984 under MGL 40B and Brewster Bylaw 179-5E to construct a 4,944 s.f. addition to retail building with supporting parking in the existing lemon Tree Complex. Attorney for applicant was not present. Applicant's son requested a Continuance Motion made by Arthur Stewart to CONTINUE 07-18 until September 11, 2007. Seconded by Paul Kearney. VOTE: 8-0-0. 07-19 Kathleen P. Bidwell, 75 Slough Road, Map 37 Lot 44-2. The applicant seeks and Appeal of the Zoning Agents Decision, under MGL 40A Sections 8 and 15. Special Permit and a Variance are sought under MGL 40A and Brewster Bylaw 179, Sections 2, 37 and 52 for Home Occupation use. Members hearing this case were Messrs. Harrison, Stewart, MacGregor, McLellan, and Freeman. Mrs. Kathleen Bidwell and Ms. Lauren Labdon were present. Mrs. Bidwell was asked to give a brief overview. When the property was purchased the lower floor was designated as a gallery for the owners art work. Ms. Bidwell hired Laurel Labdon to market and sell her art work. The building space was a great plan but needs more space for inclusive issues/ADA issues. Mr. Staley checked the plan and space, according to Brewster Bylaw only 400 s.f. for sales and show. Specific issues of Laurel are the fact that she cannot sit for a long period of time. This appeal is to use an adjacent portion of the area (approximately 135 s.f.) due to circumstances. This business can fit into Home Occupation in a viable way. BOARD QUESTIONS ^ Freeman- on the drawing, the studio does not include the ~~personal library space". ^ Labdon-not apresent-that is the area to open up (approximately 135 s.f.) ^ Stewart-is the art work all yours? ^ Labdon- all Kate's. ^ Freeman-what is the total s.f. you are asking for? ^ McLellan-sizing it out , it looks like about 600 s.f., not including bathroom ^ Freeman-what about book signings and dance performances? ^ Bidwell-not done yet but we would like to have this type of activity. ^ Labdon- the spirit of the studio -small retail space, events are a marketing technique to get people to come in to introduce them to the art. ZBA Minutes of 07-] 0-07 - 5 - ^ Freeman-is there room for a dance performance? How many people come? ^ Labdon-only one dancer and about 20 people came. ^ Sidwell-studios tend to be gathering places. ^ Freeman-how many parking spaces? ^ Sidwell-6 on top, and 6-8 at the bottom lot. ^ Harrison-are you inviting the public? ^ Sidwell-yes, but mostly friends. ^ Harrison-are you having private parties, limited sales. ^ Labdon-purpose of events is a marketing technique. ^ McLellan-are you comfortable with 20 people ^ Labdon-yes but I had to get out of the studio space. ^ Stewart-please clarify-as for the Internet website, you have no control who comes. ^ MacGregor-similar to an insurance company or real estate; people come in. ^ Sidwell-we are off the beaten track, how can we get people there. Open to Public Input ^ Diane Murphy-share a driveway with the Sidwells, we all get along. Low key events, no complaints. ^ Amy Marseglia-supportive of this studio, wonderful neighbors. ^ Bob Marseglia-great events ^ 7ane Labdon-peaceful gallery, space needed to show Kate's work. ^ Kate Sidwell-so many people that have been includes, many generations. Motion by Robert McLellan to Close to Public Input. Seconded by Brian Harrison. VOT: 5-0-0 BOARD DISCUSSION ^ MacGregor- 100% for the Special Permit and Internet advertising is great. Inns do this all the time. Not noisy and dusty. No neighboring complaints. We should support this. ^ McLellan-no problem at all ^ Stewart-According to Victor Stale's letter to go from 400 s.f. to 600 s.f needs a Variance. ^ Harrison-400 s.f. for Home Occupation, additional space accommodate handicapped is work space/art gallery. ^ Stewart-stretched the limit, more retail than Home Occupation. ZBA Minutes of 07-10-07 - 6 - ^ MacGregor-special events are to increase interest and attract people. ^ Stewart-no limitation? Why Victor's letter? ^ MacGregor-letter was for size. ^ Freeman- Victor was going by the Bylaw, leaway in activities and space is up to ZBA. ^ MacGregor-if you have Home Occupation who says you can't have a website? ^ Harrison- more appealing if by appointment. ^ Freeman- 14 parking spaces are available-sufficient. Motion made by Robert McLellan that a Special Prmit be GRANTED with a limit not to exceed 20 people per event and grant not more than 600 square feet for Home Occupation with use of additional 200 s.f. for accommodating a disability. Seconded by Bruce MacGregor. VOTE: 5-0-0. 07-20 William and Maria Gaine, 94 Cedar Hill Road, Map 2 Lot 35. The applicant seeks a Special Permit or Variance under MGL 40B and Brewster Bylaw 179-25B and 179-52 to construct additions to a pre- existing non-conforming structure within the setback to a coastal bank. Members hearing this case were Messrs. Harrison, MacGregor, McLellan, Jackson and Freeman. Attorney John McCormack represented the applicant. Mr. and Mrs. Gaine were present. Mr. John Schnaible of Coastal Engineering representative was present. Basic overview given by Mr. McCormack. The applicant would like to add a second story to the house. Small cottage into a year round residence. Top of the bank goes down to Cedar Hill Road within the setback. Schnaible-Coastal Engineering- referring to drawings CZ.11-Garage addition, deck proposals. 32 feet to the top of the bank, septic system approved. MacGregor-What has Conservation said about this project? I don't think we should talk about this until they have issued their Orders of Conditions. Freeman-not contingent upon Cons Com approval. McCormack- they have been there 4 times to date and now it is only a Landscape Plan approval. MacGregor-I still feel we should not be hearing this until Cons Com is finished. McCormack-not trying to fast forward the process. Hopeful for a final approval. Could be something to change. In terms of the project; it is in keeping with the neighborhood. Process to get a new septic system. We understand there could be Conservation issues. Freeman-appropriate to indicate a general plan. The cottage behind is a single story. McCormack- heavily wooded between the 2 properties. Freeman-will the garage plan take down trees Schnaible -only one tree will be removed. ZBA Minutes of 07-10-07 - 7 - MacGregor-can not see lot lines from the plans that were submitted, no questions tonight. Freeman- Does the Board wish to continue? MacGregor- No Harrison- either way Jackson- pole audience to speak McLellan- No Don MacLean-abutter (directly behind). Rather large for the small lot, addition to the back looms over the house. Back decks have no view. Concerned with 2"d story within 10' of line. Walter Silvia-72 Cedar Hill Road- not opposed to new house being built- what Variances are requested? McCormack-in the alternative, extension of non-conforming pre-existing structure. 50 feet from the coastal banks-decks. They are meeting setbacks. Freeman- when was lot divided? Was the house built prior to 1960? If so; side and rear setbacks 10' and 20' front apply. MacGregor- would like to see it dimensioned. Silvia- would like to understand circumstances, was under the impression setback was 30'. Freeman- when was the lot created? Covered porch does not meet 50' from wetlands? Pre-existing, non- conforming requires Special Permit. Schnaible-sometimes simple plans. Original plan was 1955. Freeman-what is the distance from the top of the coastal bank to the existing house- 42 feet. McCormack-what you need is Conservation requests. Freeman- is applicant willing to Continue until September? Cannot approve without completion of Conservation Commission hearing. Motion by Brian Harrison to CONTINUE 07-20 until September 11, 2007. Second by Bruce MacGregor. VOTE: 5-0-0. 07-21 Nasir 7. Sad, 2767-2773 Main Street, Map 14 Lot 45. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25B to add low open decks to three pre-existing non-conforming cottages at the rear of the property. Members hearing this case were Messrs. Harrison, Stewart, McLellan, Kearney and Ms. McInerney. Attorney John McCormack represented the applicant. Mr. Sad was present at the hearing. Mr. McCormack gave an overview of this application. The property is located on Route 6A behind the Brewster Farms Market. There are 3pre-existing non-conforming cottages. The applicant would like to add low decks to each unit. HDC has given an exemption. Nothing is close to the rear (north), the left cottage deck will be no closer to the lot line (west) and the cottage to the right is no closer to the (east) lot line. The dotted line is an existing fence. The decks will be 10 feet in the front and run the width of the front of each building. Nothing is visible to any other neighbor. These units are not rented to the public, family members only. No lighting changes. BOARD QUESTIONS ZBA Minutes of 07-10-07 - 8 - ^ Harrison-the numbers don't jibe ^ Stewart-the decks should be drawn with dimensions; it is not to scale, only 2 feet from the lot line to the west. Property line next to a road? Are setbacks conforming? ^ McCormack-what is non-conforming is the cottages on the property. ^ Freeman- setback with deck is sufficient. ^ McCormack-cottage 2779 move deck over 3 feet. Close to Public Input Motion by Arthur Stewart to GRANT a Special Permit for 3 low open decks as describes provided it does not get any closer to the lot lines except to the south. New drawings with dimension and setbacks are to be provided. Seconded by Brian Harrison. VOTE: 5-0-0. FURTHER BUSINESS ^ Nomination of Board leadership for next year. Motion by Arthur Stewart the Zoning Board of Appeals officers remain the same. Seconded by Brian Harrison. VOTE: 6-1-0. (McInerney voted against) Accepted by nominees. Motion by Brian Harrison to adjourn. Second by Arthur Stewart. VOTE 7-0-0. Respectfully submitted, Mooers erk 85: l l~ 9 ~ L0. .._ .. ,4.: ;~~~:;i~3~8 ZBA Minutes of 07-10-07 - 9 -