HomeMy Public PortalAboutZoning Board of Appeals -- 2008-02-12 MinutesDate approved 3-11-08
vote 5-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
February 12, 2008
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.
08-03 Stephanie Erickson, 32 Old Run Hill Road, Map 36 Lot 19. The applicant seeks a
Variance under MGL 40A-9 and Brewster Bylaw 179-5, Table 2, Note 7 regarding setback
regulations for conversion of a shed to a horse barn.
Mr. Jon Dean requested a CONTINUANCE on behalf of the applicant due to personal family
reasons.
Motion made by Brian Harrison to CONTINUE application 08-03 until March 11, 2008. Second by
Paul Kearney. VOTE: 9-0-0.
OLD BUSINESS
^ Motion made by Arthur Stewart to accept the Minutes of January 8 , 2008 as amended.
Second made by John Nixon. VOTE 9-0-0.
^ White Rock Common 53G account -Release presented with the balance and interest.
Motion by Phillip Jackson to Release 53G Account. Second by Pal Kearney. VOTE 5-0-0.
^ Appeal of the White Rock Common Comprehensive Permit by the John R. Pfeffer Family
Trust has been voluntarily dismissed by the plaintiff.
^ DCPC- District of Critical Planning Concerns- has been established. A proposed draft
regarding drinking water and watershed is under consideration by various boards
preparatory to submission to the Cape Cod Commission.
NEW BUSINESS
07-34 Charles Daniel and Donna L. Robinson, 404 Harwich Road, Map 26 Lot 54-3.
CONTINUED. 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. Jackson, Harrison, MacGregor, Stewart and Erikson.
Mr. Jamie McGrath of Pine Harbor Wood Products represented the applicants who are out of the
country at the time. They wish to continue use of the previously approved in-law apartment for
family use.
BOARD QUESTIONS
"e . _. .:E~t.a~~
ZBA Minutes 02-12-08 _~ _
^ Stewart- would someone live there fulltime?
^ McGrath- not as far as he knows.
^ Erikson-Is the second structure a studio?
• McGrath-for future use
^ Stewart-we should hear directly from the applicant as to who is using this unit.
^ McGrath-they are not changing the use/ It was there when it was purchased.
^ Stewart-if it is not being used they must remove the kitchen. The permit goes with the
owner not the properly. We are not hearing a specific reason for use.
^ McGrath-looking for a continuation of previous use.
^ Jackson-typical situation is a family member living there. Family is usually fulltime
resident. If the kitchen is removed then it is OK.
^ McGrath-no problem with asking for a Continuance
^ Freeman-Mr. Staley's letter noted that the stove should be removed (6-15-06)
^ Stewart- perhaps we should have a continuance until the applicant returns and explains
what they would like to do.
^ McGrath- II can go back to the applicant with that, they may be looking at the revised
Bylaw (would they have to return with that?)
^ Freeman-Affordable Accessory Apartment is quite different. An In-Law apartment
cannot be rented and has specific square footage requirements.
^ McGrath-I will let the applicant know.
^ Freeman-the applicant should refer to the Bylaw as to the intention of an in-law
apartment.
^ Erikson-Is the kitchen in or not? (no definitive answer)
Open to Public Input
^ No one spoke to this issue
Motion by Brian Harrison to Close to Public Input. Second by Bruce MacGregor. VOTE: 5-0-0
^ McGrath-I am asking for a Continuance to April 8, 2008 on behalf of the applicant.
Motion made by Brian Harrison for a CONTINUANCE to April 8, 2008 for case 07-34. Second by
Bruce MacGregor. VOTE: 5-0-0.
ZBA Minutes 02-12-08 _2 _
OS-02 Larry Ballantine, 218 Paines Creek Road, Map 22 Lot 56-1. The applicant seeks a
Special Permit or Variance under MGL 40A-9 and Brewster Bylaw 179-25 B to alter apre-existing
non-conforming structure.
Members hearing this case were Messrs. Jackson, Harrison, MacGregor, Stewart and Erikson.
Mr. Larry Ballantine and Paul Shanahan (builder) were present.
Mr. Shanahan gave a brief overview.
This is a property with 3 buildings. The owner planned to remodel all 3 buildings. When this
was started they discovered termite rot that was extensive, requiring tear down and rebuild. The
Building Inspector required a Special Permit to construct a new building in place of tear down (22
x 36 ranch). Also move the building from the current location to a new location overlapping the
old existing structure but abiding by all setbacks. There were drainage issues on the properly
that require a regrade. This has been approved by Historic Commission.
BOARD QUESTIONS
^ Nixon- is stand pipe in area of new structure, is that part of septic?
^ Shanahan- yes, new septic system, connected to tear down and will be reconnected.
^ McLellan- the plan says paved driveway, it is crushed stone.
^ Jackson-difference in existing and proposed square footage.
• Harrison- looks like 31 s.f.
^ McLellan- is the Indian site on this property?
^ Ballantine-no, on the property behind.
Open to Public Input
^ No one spoke to this issue.
Motion by Brian Harrison to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0.
FURTHER DISCUSSION
^ Freeman-Should this be a Special Permit or Variance?
^ Harrison-non-conformity is already there, Special Permit is OK. (Board agrees)
Motion by Brian Harrison to GRANT a Special Permit to rebuild a modest dwelling as per plan
C2.1.1. dated 1-9-08. Second by Robert McLellan. Vote: 5-0-0.
Motion by Brian Harrison to withdraw the Variance request by Mr. Ballantine. Second by John
Nixon. VOTE: 5-0-0.
08-04 N+N Real Properties, LLC, 2689 Main Street (]T Seafood), Map 14 Lot 50. The
applicant seeks an amendment to a previous application 97-35 under MGL 40A-9 and Brewster
Bylaw 179-9, Table 4 to increase total number of parking spaces attending a proposed increase
in seating capacity.
ZBA Minutes 02-12-08 _3 _
Members hearing this case were Messrs. MacGregor, Harrison, Kearney, Nixon and Freeman.
Mr. Bud Noyes, the applicant, gave a brief overview.
He purchased this business 4 years ago and has made no changes until now. Originally he was
told the seating was 76; because of a miss-code with the Health Dept it was upgraded to 122
seats. Now he is requesting a modification of Special Permit 97-35 to increase parking, layout
for parking as it exists has always been the same.
BOARD QUESTIONS
^ Freeman-previous Special Permit 97-35 recognized occupancy of 70. If 70, the existing
parking spaces now are to code.
^ Noyes-The problem was with the Health Department, now re-coded he can have up to
120.
^ Freeman-but parking spaces are a concern. Drawing by Thomas Moore (site plan for JT
Seafood, 1/7/2008) shows original spaces and new spaces to total 40 spots. No
indication of width of spaces.
^ Noyes-old are 9 feet wide and new are 10 feet wide.
^ Freeman-do you have all 40 now? Do you have 120 seats?
^ Jackson-26 designated, but 14 additional spaces in gravel area.
^ Noyes-fenced dumpster and re-graveled back lot.
^ Freeman-do you have bumpers on spaces
^ Noyes- some, not all.
^ MacGregor-according to the old plan, shows 5 outside tables. Is that true now?
^ Noyes-now 7
^ MacGregor-Moore plan is un-dimensioned. Are spaces close to the road? A lot of
spaces-doesn't meet how a parking lot should be laid out. They back out on road.
Change in number of seats. I would like to see a seating chart. What happened to green
space provided in Special Permit 97-35 along portion of east property line?
^ Noyes-most of the time people eat outside, poor weather they move inside. No
changes since purchased.
^ Nixon-Winslow Landing Road only 14' wide. °NO PARKING" signs are according to the
previous permit but only one left. Concerned about emergency vehicles when people are
parked on the road. If we permitted 40 spaces then the capacity would be 120. Traffic
increased.
^ Noyes-Fire Department said 12 feet was OK.
ZBA Minutes 02-12-08 _4 _
^ Nixon-at least 2 more °NO PARKING" signs are needed along west side of the road.
^ Noyes- OK
^ MacGregor-This doesn't meet the past permit. When originally approved they were not
doing the amount of business. Concerned with "back out" spaces. No grass/planting
islands-where have they gone?
^ Freeman-Emergency access is a problem with back out and parking on side of the road.
• Noyes- may move the dumpster about 20' toward the restaurant.
^ Freeman- green areas were important for the neighborhood.
^ Harrison-shouldn't be punished for being successful. He should look at re-working with
green space.
^ MacGregor-do you live on the property year round?
^ Noyes-No
^ Nixon- with ~/z paved (defined)- unpaved increase capacity of restaurant means a lot of
traffic.
^ MacGregor- 30,000 s.f. lot and busy road.
^ Noyes- has not changed in 4 years, added outside tables.
^ Freeman-problems I see; traffic on road, backing out on road and spots 31 + 32 close
to the road. Wonder if removing 6-7 spaces would affect the occupancy but not back
out.
^ Nixon-Spaces labeled 1-10 could be changed to parallel parking (lose 5-6 spaces).
^ Noyes- 2 and 3 are handicapped
^ Harrison-need to meet code, architectural access.
^ MacGregor-what is the code about parking lot next to residential. There may be a
couple of options if re-worked.
^ Freeman-Spaces 21-22 and through 25 could be re-configured. Mr. Noyes could you live
with this?
^ Noyes-only open 5 months of the year, July and August the busiest, mortgage 12
months.
• Kearney-about how many do you seat now?
^ Noyes-110; 56 inside, 56 outside
^ MacGregor- do you have bike racks?
^ Noyes-next to front fence
ZBA Minutes 02-12-08 - 5 -
^ Freeman-handicapped best in front, then spaces 4-10 parallel (20' length)
^ Nixon-3-4 cars in parallel manner
^ Kearney-Number 31 should go.
^ Freeman-Numbers 15-20 and 40; if eliminated and go with 21-25 allows green space as
original permit. I would like to see plan of internal and external tables.
^ MacGregor-we need a dimensional plan.
^ Nixon-spaces are narrow next to the building, people will still back out onto Winslow
Landing Road.
^ Harrison- increase angle more parallel to Winslow Landing Road and take out a couple
of spaces may be less back out. Need an accurate plan.
^ Noyes-keep parking on side if angle is more so they don't back onto road
^ Freeman-need an accurate plan with dimensions of the building and parking spaces.
^ MacGregor-that is a starting point, has anyone required a table layout?- Board of
Health?
^ Freemen-green space is an issue within the paved spaces (15-20 + 40).
^ MacGregor-dimension plan first.
^ Nixon-maybe only room for 30 spaces.
^ Freeman-we are not basing this on the Health Dept. numbers but the Building Code (1
space per 3 seats) as determined by seating plan.
^ MacGregor-give us the facts, size is necessary, dimension plan.
^ Harrison-give him a chance and see what Mr. Noyes comes up with.
^ MacGregor-plan should include what is there today; fences, road, buildings etc....
Motion by Brian Harrison for a CONTINUANCE to March 11, 2008. Second by Paul Kearney.
VOTE: 5-0-0
Motion by Brian Harrison to adjourn. Second by Paul Kearney. VOTE: 9-0-0
9£: alb ~ l ~HW 80.
ZBA Minutes 02-12-08
-6-