HomeMy Public PortalAboutZoning Board of Appeals -- 2007-12-11 MinutesDate approved 1-8-08
Vote 8-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
December 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, Bruce MacGregor, Robert McLellan, John Nixon
and Leslie Erikson.
OLD BUSINESS
^ Motion made by Paul Kearney to accept the Minutes of November 11, 2007 as presented. Second
made by Robert McLellan. VOTE 8-1-0.
NEW BUSINESS
07-31 Robert 7. Ford, 487 Tubman Road, Map 26 Lot 57-1. CONTINUANCE The applicant is
seeking a Special Permit under MGL 40A and Brewster Bylaw 179-25 to demolish an existing studio and
rebuild a 3 bedroom home to accommodate both dwellings.
Members hearing this case were Messrs. Harrison, Stewart, MacGregor, Kearney and Freeman.
Attorney George Cavanaugh represented the applicant.
Mr. Robert Ford was present.
Mr. Cavanaugh was asked to give a brief review of the application.
Mr. Ford's lot has 2 cottages; the front cottage has been renovated. He would like to demolish the rear unit
and replace with a 3 bedroom, 2 story structure with a garage. The proposed will comply with lot coverage
and setback requirements. It has a new septic system in place. Total lot coverage is now 7%, with proposed
it goes to 13%. If the garage is removed from the mix it will be 11.5% but the applicant prefers to keep the
garage.
The two dwellings are non-conforming and pre-existing. There are 2 single dwellings now and there will be
two when done. We don't feel it is more detrimental, it will continue as single family rentals.
BOARD QUESTIONS
^ Stewart-was the back house legally built with permits?
^ Ford-built in early 70's, never investigated if permitted.
^ Kearney-original front cottage had 2 bedrooms, back cottage originally 1 bedroom proposed.
^ Freeman-Looking at the floor plan of the new proposed, it is the same as planned originally.
^ Cavanaugh-acreage is 19000 s.f.-less than ~/z acre.
^ Freeman-who drew up these plans?
^ Ford-Ryder and Wilcox dated 9-10-07. Original presented for the file.
Open to Public Input
ZBA Minutes 12-11-07
No one spoke to this issue
Motion by Arthur Stewart to Close to Public Input. Second by Bruce MacGregor. VOTE: 5-0-0.
FURTHER THOUGHTS
^ MacGregor-I am strongly for this, we need to keep smaller units for housing rentals. People can
afford this and seems an adequate size. This has always been year round rental.
^ Harrison-on the fence, overall mass of the structure is bothersome.
^ Stewart-Is this for personal use or year round rental?
^ Ford-year round rental.
^ Stewart- from 400 sf to 1800 sf (2-story house is a stretch) on this lot, but Bruce makes a good
point.
^ Kearney- going from 1 bedroom to 3 bedroom is a lot of usage. Total from 3 to 5 is a little difficult.
^ Freeman-this is difficult, size doesn't allow for even one, but from 3 bedrooms to 5 is a real impact.
What is the impact on the neighborhood-don't see others with that density on that part of Tubman
Road. 3 to 5 could be detrimental to the neighborhood. 7% to 12% lot coverage on less than ~/z
acres. No guarantees it will be affordable. Appreciate willingness to remove the garage. If an
affordable covenant it may be more acceptable.
^ Ford-what are the guidelines?
^ Freeman-should be discussed with Jillian Douglass as to the criteria. Density is over and beyond.
• Stewart-looks like it won't pass as is. Re-look could be reworked.
^ Freeman-how can we work together?
^ Cavanaugh- perhaps continue and talk to Jillian.
^ Stewart- or make it smaller.
^ Cavanaugh-we would consider cutting the size to two bedrooms
^ Harrison-it would be more acceptable as a 2-bedroom
^ Cavanaugh-2 bedrooms and remove the garage more favorable?
^ MacGregor-yes
^ Stewart-yes
^ Freeman-proceed with adjusting the plan and discuss with Jillian
^ Harrison-that would be acceptable
^ Stewart-without a garage.
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^ MacGregor-acceptable with change for affordable, if make affordable without garage and 3
bedroom.
^ Cavanaugh-withdraw or Continue, come back with affordability without garage.
^ Freeman-suggest withdraw, come back in February or decision tonight.
^ Kearney-acceptable with 2 bedrooms and no garage. Size will tend to generate the acceptable
income. Same footprint.
^ Harrison-submit new plans-continue until January
^ Stewart-best alternative
^ Cavanaugh-site plan and elevation will not change, floor plan changes.
^ Kearney-elevations will change with lack of garage.
^ Freeman-Mr. Cavanaugh should contact the office regarding the advertising.
Motion by Brian Harrison to CONTINUE until January 8, 2008. Second by Arthur Stewart. VOTE: 5-0-0
07-32 TBP Golf Trust, 232 South Orleans Road, Map 53 Lot 13-0. CONTINUED. Applicant seeks
Variances under MGL 40A-10 and Brewster Bylaw 179-52 to construct 3 additional buildings for "work force
housing" on a single lot of 5.53 acres with 179.05 frontage.
Members hearing this case were Messrs. Stewart, Freeman, Jackson, McLellan and Kearney.
Attorney William Riley represented the TBP Golf Trust. Mr. Doug Pheiffer was present.
Survey has been completed.
In review; a Variance is requested for 4 residences on a single (5.53 acres) lot with 178.9 foot frontage. To
be used as work force housing for Golf employees. 2 buildings exist of 12000 s.f./ 5 bedrooms. 3~d house to
be 12000 sf and 4th will have a garage. Soil, shape and topography are not affected. Lot 13 is unique. No
lots with less than 300' frontage.
Mr. Pheiffer stated that this is seasonable business (April through October). It is relief that makes sense.
BOARD DISCUSSION
^ Freeman -interpretation of the criteria; Bylaw not just in the local area but in the Zoning district
(RM zone-large portion of the Town). Relating to the density of RM District.
^ Riley- criteria #1- not absolutely unique, some condition (shape and lack of frontage). That
does not generally occur in the district. Stable, residential setting, close proximity to employment,
no burden to Brewster infrastructure.
• Freeman-have you looked into establishing a pan handled lot.
^ Kearney-have you considered expanding 2 existing buildings.
^ Riley-hard to pretend 10 bedrooms is one home, that would be dormitory housing.
^ Kearney-called theses units "family dwelling" but not afamily-unrelated.
^ Riley- more that 5 unrelated persons bumps it into amulti-family issue. Idea to have similar
look as a single family. If concern is more than one per bedroom put conditions.
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^ Stewart- condition the number of people and restricted use-not general rental.
^ Kearney-restriction is a good idea
^ McLellan-I like the panhandled idea, best was to get full use of property.
• Freeman-did you talk to the Planning Board?
^ Riley- no
^ Stewart- one of the problems is too much density to the front of the lot, will this effect
groundwater?
^ Riley-moving building 3 back 75 feet is OK
^ ]ackson-to summarize; uniqueness is developed, finding a place for workers to live is hard, I
like moving Building 3 back toward the middle. Variance or subdivision is going to be the same;
minimal impact on town-infrastructure minimal use of 5 acres.
Open to Public Impact
No one spoke to this issue.
Motion by Arthur Stewart to Close to Public Impact. Second by Paul Kearney. VOTE: 5-0-0.
FURTHER THOUGHTS
^ Stewart-in favor, reasonable use of property, satisfies all 4 criteria. Move building 3 away from the
property line 75 feet back is good separation. Restrict the number of people housed in each building
and no commercial rental. No further dwelling units on that property
^ McLellan-In favor if Building 3 is moved back.
^ Riley- propose 75 feet from the road(25 feet from the well), there may be septic issues. Back 50
feet will avoid septic issues.
^ Kearney- comfortable with conditions
^ Riley- 1) proposed Building 3- 25 feet from side setback, and 50 feet from east.
2) use limited to workforce housing. Limit number of people living there (6 occupants per
building). Not to be rented commercially.
3) no further dwellings on the property
Motion made by Phillip Jackson to GRANT a Variance with the above mentioned conditions incorporated.
New revised plans are to be submitted showing the accurate placement of Buildings 3 and 4.
^ Freeman-The Board considered ist criteria in this particular area was infrequent. 2"d -literal
enforcement would create a hardship that the golf course can use in 2 buildings. 3~d-density of
housing presents no detriment to the neighborhood. 4`h-not detrimental to the town or intent of the
Bylaw.
Second by Arthur Stewart.
VOTE: 5-0-0
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07-34 Charles Daniel and Donna L. Robinson, 404 Harwich Road, Map 26 Lot 54-3. The applicant
seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-16, Table 2, Note 14 to continue use of an
in-law apartment as previously approved by the Brewster ZBA case #03-03.
No one present for this application.
Should be CONTINUED until February meeting. Contingent upon notifying applicant and signed Continuance
form.
Motion by Arthur Stewart to CONTINUE 07-34 until February 12, 2008. Second by John Nixon. VOTE: 9-0-0.
07-34 Charles Daniel and Donna L. Robinson, 404 Harwich Road, Map 26 Lot 54-3. The applicant
seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-16, Table 2, Note 14 to continue use of an
in-law apartment as previously approved by the Brewster ZBA case #03-03.
Members hearing this case were Messrs. Harrison, Erikson, Nixon, McLellan and Kearney.
Attorney Terrance Noonan represented the applicant.
Brian and Mary Kelly were present.
Peter Kirchner (builder) was present.
Mr. Noonan stated the Kelly's would like a Special Permit for an accessory apartment for Mrs. Kelly's mother.
The square footage complies with the Bylaw. There is proper egress and entrance according to Building
Codes.
BOARD DISCUSSION
^ Nixon-site plan of the structure available?
^ Kirchner-original basement plan.
^ Nixon-separate entrance?
^ Kirchner-yes
^ Erikson-new septic as well?
^ Kirchner- no, current is rated for 4 bedrooms
^ Nixon-when was house built?
^ Kirchner-2002
^ Erikson-limited as an in-law apartment; not rented
^ Freeman- are you familiar with Note 14?
^ Noonan- yes
^ Kearney-is there a second means of egress?
^ Noonan- door at grade level.
Open to Public Input
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Neighbors are supportive
Motion by Brian Harrison to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0
FURTHER DISCUSSION
^ Harrison- Ok
^ Kearney- OK
^ Erikson-Ok
^ Nixon- fine
^ McLellan- OK
Motion by Robert McLellan to GRANT a Special Permit for 07-35 in-law apartment as presented. Second by
John Nixon. VOTE: 5-0-0.
Motion by Brian Harrison to adjourn.
Second by John Nixon
VOTE: 9-0-0
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