HomeMy Public PortalAboutZoning Board of Appeals -- 2007-09-11 Minutes;:a
Date approved i1-15-07 ~; f-~
Vote 7-0-0 ~''
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TOWN OF BREWSTER G
ZONING BOARD OF APPEALS ~ ~'
Meeting Minutes =~ ~'
September 11, 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, John Nixon,
Robert McLellan and Bruce MacGregor.
NEW BUSINESS
07-24 Stephen ). + Patricia E. Murphy, 0 Charles Street, Map 5 Lot 8. The Applicant
seeks a variance under MGL40A-9 and Brewster Bylaw 179-52 to determine if this lot meets
frontage or other issues effecting buildability.
Attorney Benjamin Zehnder represented Mr. and Mrs. Murphy
This application is to determine buildability. Mr. Zehnder is waiting for further interpretation from
the Zoning Agent. Because this has not been presented yet, he is requesting a CONTINUANCE
until October 9, 2007.
MOTION by John Nixon to Continue 07-24 until October 9, 2007. Second by Brian Harrison.
VOTE: 8-0-0.
07-20 William and Maria Gaine, 94 Cedar Hill Road, Map 2 Lot 35. The applicant seeks a
Special Permit or Variance under MGL 406 and Brewster Bylaw 179-25B and 179-52 to construct
additions to apre-existing non-conforming structure within the setback to a coastal bank.
Members hearing this case were Messrs. Harrison, MacGregor, McLellan, Jackson and Freeman.
Attorney Jack McCormick represented the Gaines.
Mr. and Mrs. Gaine were present.
John Schnaible of Coastal Engineering was also present for the applicant.
Mr. McCormick gave a brief overview.
This project has been approved by Conservation Commission after several hearing and revisions.
The Order of Conditions is not complete at this time. The new plans presented in this months
packet reflect those changes. They are labeled BOA plans and have everything asked for (C2.1.2
and C1.2. existing conditions are marked, includes building elevations. C2.1.1 Sit + Sewage-
dated 8/10/07.
This was an attempt to simplify the plans. Remove application for Variance - no closer to the
costal bank than existing building, goes up and to the side, but nothing closer.
Site Plan A (BOA) addition to left (south); everything to comply with height restrictions, does not
impact setbacks.
Proposed should read 44.8 at Robbins Hill Road
ZBA Minutes 9-11-07 - 1 -
The proposed building is more attractive, improving an older residence. This will be their full-
time residence. The water line will be moved and a new septic system will be installed. The
coastal bank is separated by a paved road but does not function as abank-environmentally
sensitive by definition only.
John Schnaible presented a color drawing of landscaping, not detrimental to the neighborhood.
Board Questions
^ Jackson-there are a number of raised septics in that area. Is that the case here?
^ Schnaible-No
^ 7ackson-what is the height of the house?
^ Schnaible- 29", it has not changed.
^ MacGregor-existing is 15'
^ McCormick-increased elevation to 29', consistent with neighbors renovations
^ MacGregor-a variance is not needed- apply as an extension of non-conforming.
^ McCormack-here because of the 50' to coastal bank.
^ MacGregor-not a dimensional setback.
^ Freeman- doesn't violate setback; 179, table 2, note 5
^ MacGregor-can't remember hearing a "conservational setback" used as a dimensional
variance.
^ McCormick-if not then could be a matter of right. Note 5- "wetland area" no sideline or
front setback, 10' zone, RM for the age of that building
^ Freeman-letter from Victor Staley expresses his concerns. Built before 50' Conservation
restriction. Lot size is pre-existing, non-conforming. If refer to C 2.1.2-existing house is
the slanting lines-proposed screen porch on existing patio (no structure) is there a
proposed 2"d floor addition?
^ McCormick-yes, but straight with patio.
^ Freeman-screened porch is a structure thus closer to coastal bank
^ McCormack-East-West direction of patio extends further ,extends along the line but
doesn't come any closer.
^ MacGregor-coastal bank is at an angle
^ Freeman-does it make it closer to the coastal bank
^ Macgregor-please describe the addition again
ZBA Minutes 9-11-07 - 2 -
^ Schnabel- porch sits on concrete slab, it will be 8 feet high with deck above.
^ MacGregor-will there be walls and will the deck have railings
^ Mrs. Gaine- supports to brace the screens, you will be able to walk on the deck, deck
will have spaces between.
^ Freeman-termed a structure, thus adheres to setbacks.
Open to Public Input
^ Maria Gaine-house is very old; roof had to be repaired last winter. Septic system is
cess pools. This renovation will enhance the neighborhood. We have owned the house
for 25 years and plan to live here year round. At the request of the Conservation
Commission we removed the plan for the front deck. This is a defunct coastal bank -on
the corner of Robbins Hill and Cedar Hill.
^ ]ohn Schnabel- bank value is for storm protection. Landscape plan is native vegetation
to be more protective.
^ ]ack McCormack- as to the issue of the Variance (if the Board agrees) this is directly
related to the topography; front 20'. There are 40' back setback; the issue is the
technical definition of the coastal bank-doesn't relate. Hardship- changed many times
and not more detrimental to the neighborhood.
MOTION by Phillip Jackson to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0
Further Discussion
^ Harrison-not sure if the top of the bank is where we should measure. I feel a Special
Permit is fine, no need for a Variance.
^ McLellan- I agree with Brian, it is deminimus
^ ]ackson-I like the statement °it is time to upgrade", no complaints with the height-no
problem with Special Permit.
^ Macgregor-what is 100 year flood line?
^ Schnabel-David Thyng used to use 100 foot flood as a line, Victor does not.
^ Macgregor-I agree with the others on a Special Permit.
^ Freeman-houses to the the south are lower in height
^ Maria Gaine-concern was "screening", neighbors Ok with plans
^ Freeman-talked to both neighbors, Board of Health Ok
^ Gaine- shrubs along property line
^ McLellan-landscape plan on the lot line next to the leeching field.
ZBA Minutes 9-11-07 _3 _
^ McCormack-loose agreement with property owner, Gaines don't have a problem
working with neighbor
^ Freeman- neighbors work it out together.
MOTION by Phillip Jackson to GRANT a Special Permit for 07-20 MGL 40B and Brewster Bylaw
179-256 and 179-52 to construct additions to apre-existing non-conforming structure within the
setback to a coastal bank, according to documents presented with adequate screening to South
amenable to themselves and neighbors. Second by Robert McLellan. VOTE: 5-0-0
MOTION by Robert McLellan to WITHDRAW Variance application. Second by Phillip Jackson.
VOTE: 5-0-0.
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. Harrison, Stewart, Jackson, Kearney and Freeman.
Attorney Benjamin Zender represented the Mays. Mr. Zehnder presented additional materials.
Freeman- Letters have been received from FW Webb, Robinson Supply and Priscilla. Brooks.
Mr. Zehnder would like to stress that the Board should condition this application and to
determine if this is a Home Occupation.
Board Discussion
^ Freeman- the calendar of deliveries includes a lot of personal trips.
^ Watson- have been self-monitoring since last meeting; 4-5 per month.
^ Freeman-hard to tell if UPS is business or personal. Noticed there is a 6' stockade
fence.
^ Zehnder-the issue is use of the property (home occupation).
^ Freeman-we are responding to the concern of trucks.
Open to Public Input
^ Alice Eldredge- Capt. Perry Road, never seen anyone coming in to buy at the
residence. As a neighbor, no problem with trucks coming in. The whole neighborhood is
here. Please read the letters out loud.
^ Freeman-letters are a matter of the file- anyone can come to the office to review. The
Board has copies.
^ Mrs. May- Letter from Piantek; they are not near enough to hear trucks or notice dust.
^ Freeman- read the letters into the record.
ZBA Minutes 9-11-07 - 4 -
^ Mark Watson- never met Mrs. Piantek.
^ Mrs. Watson-not a full fledged plumbing business
^ Megan Watson-don't understand, most is family in and out, no fumes or dust.
^ Harold May- 2 weeks before the last meeting all trucks stopped.
^ Priscilla Brooks-submitted aletter-no problem with Mark, quiet neighborhood; this
seems to have escalated.
^ Mark Watson- after the last meeting spoke to "legal help"; felt in compliance, 95%
what I do in a home office. Bylaw does not address deliveries.
^ Zehnder- we have heard 3-5 deliveries a month. Which 2 days-need to be restricted.
Motion by Arthur Stewart to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0.
Discussion
^ Freeman-2 questions; 1- do we consider this as a Home Occupation, 2- Since Home
Occupation has a clause governing dust, etc do we consider it generates enough that is
objectionable to the neighborhood.
^ Stewart-done this before-insisted on compromises with limitations. I feel this does not
constitute a home occupation. Most people get things delivered and go out and do the
job. Storage off-site must have someone there.
^ 7ackson-part of the problem is a narrow dirt road. We must come to middle ground-
stipulations is a good solution.
^ Harrison- doesn't meet the definition of Home Occupation but finding of fact can not
assure it is not allowed.
^ Kearney-qualifies as a Home Occupation some restrictions are appropriate- 2 days is
difficult (tight). Could be acceptable . Made a considerable effort within the last few
months.
^ Freeman- I agree with the rest of the Board. It is a Home Occupation, major part of
the work conducted off site. If a limit put in, I would go along.
MOTION made by Brian Harrison to UPHOLD the ZONING AGENTS DECISION that this is a
Home Occupation with the following conditions; off-site deliveries, on major equipment be
restricted to 2 days per week Tuesday and Thursdays between 8 and 5 (if Mr. Watson wishes to
change these days the Board should be contacted in writing) and personal deliveries are not part
of this decision. Second by Paul Kearney. VOTE: 5-0-0.
07-18 lane 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.
Members hearing this case were Messrs. Nixon, MacGregor, Harrison, Stewart and Kearney.
ZBA Minutes 9-11-07 - 5 -
Attorney Duane Landreth represented the applicant.
Robert Perry, Engineer
Eric Dancause
Mr. Landreth gave a brief overview; Lemon Tree Plaza is at build out of the original proposal,
DPRC has given approval, Special Permit issued from the Planning Board and HDC approval.
Before the Zoning Board because of permitting history referred to in initial permit # 84-3. In
#86-43 there was a modification to construct the buildings in 5 phases; no time table. Plans to
be submitted to Board of Appeals for approval.
Board Discussion
^ Freeman-Planning Board permit links building addition and all other requirements
^ Landreth- referenced plans and Cons Com Order of Conditions.
^ Stewart-positive plan, receiving area steps to the Cafe are on the conceptual plan but
not on the site plan. These steps need to be included.
^ Landreth- conceptual site plan overrules site plan.
^ Stewart- are the restrooms public?
^ MacGregor-to get to the bathrooms you must go outside restaurant.
^ Dancause-bathrooms are open to the public.
^ MacGregor-we must have updated plans for file.
^ Perry-these will be provided, site plan to match conceptual plan.
MOTION made by Arthur Stewart to GRANT a Modification of SP 84-03, as shown on the
Conceptual Plan and new plan. Original 3/13/04, amended 7/24/07, revised 9/9/06 and
amended 9/12/07. Second by John Nixon. VOTE: 5-0-0
FURTHER BUSINESS
^ Comprehensive Permit Application/Regulations Review. New proposed
document sent to all via a-mail. Combined both document 1 and 2 into I (one)
document with various changes.
MOTION by Phillip Jackson to APPROVE Comprehensive Permit Document as modified.
Second by John Nixon. VOTE: 8-0-0.
MOTION to adjourn by Phillip Jackson. Second by Brian Harrison. VOTE: 8-0-0
submitted,
ZBA Minutes 9-11-07 _6 _
Marilyn Mooers, Clerk
ZBA Minutes 9-11-07 _7 _