HomeMy Public PortalAboutZoning Board of Appeals -- 2007-10-09 MinutesDate approved i1-15-07
Vote 7-0-0 `~,
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TOWN OF BREWSTER a ~,~"
ZONING BOARD OF APPEALS o
Meeting Minutes ~
October 9, 2007 .y
Chairman Harvey Freeman called the meeting to order at 7:00 PM. Members present were; Harvey Fr~rnan,
Philip Jackson, Paul Kearney, Brian Harrison, Robert McLellan and Bruce MacGregor.
OLD BUSINESS
Motion made by Paul Kearney to accept the Minutes of August 14, 2007 as presented. Second made
by Robert McLellan. VOTE 6-0-0.
Minutes of White Rock Commons, August 30, 2007 will be reviewed by members of that hearing.
HOLD for a-mail corrections.
October 3, 2007 Harvey interviewed a candidate to fill the open alternate position on the Board of
Appeals. He has made a recommendation to the Selectman for appointment.
NEW BUSINESS
07-24 Stephen ]. + Patricia E. Murphy, 0 Charles Street, Map 5 Lot 8. The Applicant seeks to
overturn the Zoning Agent's Decision or a Variance under MGL40A-9 and Brewster Bylaw 179-52 to determine
if this lot meets frontage or other issues effecting buildability.
Members hearing this case were Messrs. Harrison, Kearney, McLellan, Jackson and Freeman.
Attorney Benjamin Zehnder represented the applicant.
Mr. and Mrs, Murphy were present.
Mr. Zehnder gave a brief overview of this application. They need the BOA to look at the piece of land and
determine if a buildable lot with frontage requirement. The Zoning Agent determined in his letter of
September 11, 2007 that the Bylaw language is unusual. He sent this to the ZBA for determination.
Mr. Zehnder presented the following; On page 1, the lot shown was recorded on 6-23-55. Eight lots (3-8)
were dated 6-23-55. Page 2; Deed of Lot 6 (6-23-55). Creation of lot predates zoning bylaws. Page 11 is a
copy of the 1~ zoning bylaws (1960). Page 14; provision underlined-first requirement.
Because of the creating date we feel this is a buildable lot. Clark V Wagner (copy included) prior definition
only look at definition. West Roadway-footpath and boardwalk to the bay. Unobstructed section in excess of
150'.
Board Discussion
^ ]ackson-what was Victor's response?
^ Zehnder-rather have the ZBA make the resolution
ZBA Minutes 10-09-07 - 1 -
^ Harrison-Lot 7+8 are merged, is there adequate access for emergency vehicles?
^ Zehnder-don't have to determine safe and adequate access but buildability.
^ Freeman- less than 5 acres a Variance can be determined. Access is determined by the Planning
Board. ZBA could grant as far as frontage if originally there but cannot grant frontage if there is
none. Is there frontage on this road?
^ Zehnder-page 1 indicated frontage on West Roadway.
^ Freeman-I noticed two granite blocks in the middle of the walkway, is that part of the lot line?
^ Murphy-I believe that is the left boundary (lot line).
^ Zehnder-plan done by engineer- location of the boardwalk shown.
Open to Public Input
^ Letter from Mr. and Mrs. Beck von Peccoz- their concerns have been satisfied.
^ Letter from Mr. Frederick Settlmeyer- his concerns have been satisfied.
^ 7anna Lambine asked about the septic system and had concerns regarding the steps to the beach.
Will the Association have access to the beach?
^ Freeman-Board of health addresses the septic issue.
^ Zehnder-shared the abutters concerns with attorney Stephen Jones (representing abutters) and
they have come to an agreement.
^ Stephen )ones-discussed legal issues, were satisfied with information received. Have addressed
other concerns; Conservation and Board of Health.
^ Lisa Bartran-concern that if West Roadway is property boundary that it is not blocked off.
^ Mr. Muphy- NO, we want to be a good neighbor.
Motion by Brian Harrison to Close to Public Input. Second by Phillip Jackson. VOTE: 5-0-0.
Further Discussion
^ McLellan-satisfied with the information presented
^ 7ackson- would like to summarize; West Roadway is sufficient to give legal frontage, That would
provide enough for legal access.
^ Harrison-meets 40A-ti, lot in common ownership question, adequate access.
^ Kearney-in agreement
Motion by Brian Harrison to find lot is buildable under 40A-6 with frontage on West Roadwat. The Buidling
Inspector must determine access. Second by Robert McLellan. VOTE 5-0-0.
ZBA Minutes 10-09-07 _ 2
Request by Mr. Zehnder to withdraw the Variance application.
Motion made by Brian Harrison to WITHDRAW the Variance as applied. Second by Paul Kearney.
VOTE: 5-0-0
07-28 Michelle Barricello, 550 Bakers Pond Road, Map 31 Lot 65. The Applicant seeks a Lodging
House permit under MGL 40A-9 and Brewster Bylaw 179-36 section 8.
Members hearing this case were Messrs. Harrison, Kearney, McLellan, Jackson and Freeman.
Applicant presented her application with a brief overview. This is a 5 bedroom home with a 5 bedroom
septic. She wishes to rent 2 bedrooms on short term basis. As affordable, farm atmosphere ,quiet and low-
key "woman's retreat". This is strictly economic. No food will be provided. The home complies with
insurance and fire protection.
Discussion
^ Freeman-Board of Health regards this as a 5 bedroom property.
Open to Public Input
^ Donna Hayes-supportive of this project
^ Phil Jones-Best of luck but is this application transferable?
^ Freeman-Special Permit runs with the owner not the land.
^ ]oanne Figaris-no problem
^ Barricello-renewable every year?
^ Freeman-No, granted to you but if you sell, not transferable. Parking area is enough for 6 cars and
more space at the bottom of the driveway. We did receive a letter from an abutter against this
project.
^ Kathryn Hammond- all for it.
Motion by Brian Harrison to Close to Public Input. Second by Robert McLellan. VOTE: 5-0-0.
No further discussion
Motion by Brian Harrison to GRANT a Special Permit to the owner of this property for 2 bedroom Lodging
House. Second by Paul Kearney. VOTE: 5-0-0.
Bylaw Discussion
Review of Bylaw changes and additions to Fall Town Meeting
Motion by Brian Harrison to adjourn meeting. Second by Paul Kearney. VOTE:6-0-0
ZBA Minutes 10-09-07 - 3 -
ly submitted,
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istrative Clerk
ZBA Minutes 10-09-07 _4 _