HomeMy Public PortalAboutZoning Board of Appeals -- 2008-04-08 MinutesDate approved 05-13-08
Vote 7-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
April 8, 2008
Chairman Harvey Freeman called the meeting to order at 7:00 PM. Members present were;
Harvey Freeman, Philip Jackson, Robert McLellan, Paul Kearney, Brian Harrison, John Nixon and
Bruce MacGregor
Members missing; Arthur Stewart and Leslie Erikson
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. Jackson, MacGregor, Kearney, Nixon and Harrison.
Donna Robinson ,the applicant, was here to answer any questions regarding this unit and
comply with the "transfer" of past permit with a new owner.
DISCUSSION
• Harrison-who is going to use this apartment?
^ Robinson- my daughter
^ Kearney-no issues
^ Nixon-Is this for the apartment in the rear of the main house; not the separate
structure.
• Robinson-the other structure is a studio for painting
^ Freeman- are you familiar with the conditions for an accessory (in-law) apartment; Note
14. 1= restrict use to family members or caregiver of family member, 2- not to be
rented, 3- if no longer used; report to Zoning Agent so stove can be removed, 4- this
permit goes with the owner not the proper y; if sold new owner should be notified
Open to Public Input
^ No one spoke to this application
Motion by Paul Kearney to Close to Public Input. Second by John Nixon. VOTE 5-0-0.
No further discussion
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Motion made by Brian Harrison to GRANT 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. Second by Paul Kearney. VOTE 5-0-0.
08-08 Laurel 7. Hartman + .7anet Falla, 55 Keith Lane, Map 26 Lot 6-6. 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 #96-31.
Members hearing this case were Messrs. Jackson, MacGregor, Kearney, McLellan and Harrison.
Attorney George Cavanough represented the applicants.
The apartment is to be used by Ms. Hartman's sister. Nothing will be changing, everything will
remain the same. This is to ask for an approval of the continuance but with a new owner.
Discussion
^ Freeman- you are aware of the same conditions as the last applicant.
• Cavanough- yes, and my clients are aware.
Open to Public Input
^ No one spoke to this application
Motion by Brian Harrison to Close to Public Input. Second by Bruce MacGregor. VOTE 5-0-0.
No further discussion
Motion made by Brian Harrison to GRANT 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 96-31. Second by Paul Kearney. VOTE; 5-0-0.
08-09 Susan Stevenson, 10 Alden Drive, Map 24 Lot 75. Applicant seeks a Special Permit
under MGL 40A-9 and Brewster Bylaw 179-25 (B), to add a second floor addition to apre-existing
non-conforming house.
Members hearing this case were Messrs. Nixon, MacGregor, Kearney, McLellan and Harrison.
Ms. Susan Stevenson was present
Mr Richard Morongell (Architect) represented the applicant
This application is to increase the size of the home by one bedroom and bath and increase the
view.
Discussion
^ MacGregor-will the first floor remain the same?
^ Morongell-removal of walls and windows
• MacGregor-will this be a home office or business?
^ Stevenson-I am a children's book illustrator and I work from home.
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^ MacGregor-do we have a dimensional plan?
• Morongel)-yes, to scale.
^ Freeman- We have the Order of Conditions from Conservation, with their OK
^ Morongel-Historic has approved as well
^ MacGregor-where is the non-conformity
^ Morongel-within 50' of Conservation line, no setback issue
^ Kearney-built as a 3 bedroom
^ Morongel- 3 bedrooms now and 3 bedroom then; 2 on first floor and 1 on second
^ Macgregor-what happens to the driveway?
^ Stevenson- nothing, back out
^ Nixon- items on orders of conditions are on plan notes
^ Morongel- asked for additional plantings, all actual work is on second floor.
Open to Public Input
^ No one spoke to this application
Motion by John Nixon to Close to Public Input. Second by Brian Harrison. VOTE 5-0-0.
No further discussion
Motion by John Nixon to GRANT a Special Permit for applicant 08-09 under MGL 40A-9 and
Brewster Bylaw 179-25 (B) to add a 2~d floor according to plans dated 2-28-08 by Ryder and
Wilcox Job # 10263. Second by Robert McLellan. VOTE 5-0-0.
08-10 Larry Ballantine, 218 Paines Creek Road, Map 22 Lot 56-1. The applicant seeks a
Special Permit under MGL 40A-9 and Brewster Bylaw 179-25 (B) to alter apre-existing, non-
conforming single family home
Members hearing this case were Messrs. Nixon, MacGregor, Kearney, McLellan and Harrison
Mr. Larry Ballantine was present. Mr. Paul Shanahan (builder) presented the information.
Discussion
^ Freeman- will this increase the number of bedrooms
^ Shanahan-No, 480 s.f. with adding shed
^ MacGregor- just filling in between the two.
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^ ]ackson-existing bedroom goes away and the shed area becomes the bedroom?
^ Ballantine-main part becomes kitchen, dining and living area.
Open to Public Input
^ No one spoke to this application
Motion by John Nixon to Close to Public Input. Second by Paul Kearney. VOTE 5-0-0.
No further discussion
Motion made by Brian Harrison to GRANT Special Permit under MGL 40A-9 and Brewster Bylaw
179-25 (B) toalter apre-existing, non-conforming single family home referencing drawing
C.2.1.1 by Coastal Engineering dated 1-11-08. Second by Bruce MacGregor. VOTE 5-0-0.
08-ii Town of Brewster, Recreation Department, 2298 Main Street, Map 16 Lot 80-1.
The applicant seeks a Variance under MGL 40A-9 and Brewster Bylaw 179-20 (D) to erect a sign
at the driveway entrance to The Eddy School.
Members hearing this case were Messrs. Nixon, MacGregor, Kearney, Jackson and Harrison.
Mr. Roland Bassett Jr., Member of the Recreation Commission and Ms. iNendy Allegrone,
Recreation Director presented this application.
The Recreation Department has been moving around and is now located at the Eddy School. As
this department is community based there is quite an issue as to where they are located. They
would like a sign across from the Eddy School sign.
Discussion
^ Harrison-have you thought of one sign with the Eddy School
^ Allegrone-we think it would be too low
^ Harrison-can the height be adjusted
^ Allegrone-there is a wall in front and the brush grows up quite high
^ Harrison-could it go above that
^ Allegrone-hard to do that, we thought that it would add symmetry to the driveway
^ Harrison-could you add to the existing sign?
^ MacGregor-coming from the East it is blocked, to work the sign must be up more.
Much nicer if both were together on the same post.
^ Bassett-would have to be raised quite a bit
^ MacGregor-we want it to work, would look nicer if both were made on 2 posts.
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• Freeman- a Variance is difficult unlike a Special Permit. Worthwhile effort but
compling with Variance criteria is difficult.
^ Harrison-in favor of making this sign work. Suggest we continue and make it work.
^ Nixon='one sign for each town owned facility"- 2 separate activities (school and
recreation dept.) Separate but housed in same facility.
^ Kearney-in favor of combining signs. Jacks idea is a different approach-2 usages.
^ Jackson-Tough for a Variance; criteria #1 cannot be met.
^ Allegrone-size of the Eddy School sign is too large.
^ MacGregor-more appropriate to give relief on size if on same post.
^ Freeman- what is the Boards reaction to Jack's concern?
^ MacGregor-if we let all Departments fend for themselves, then maybe they would
all want them.
^ Jackson- we don't want a proliferation of signs.
• Kearney- I agree
^ Freeman- "facility" is one not the many parts.
^ Jackson- would the school be sympathetic to giving up its sign area?
^ Allegrone-School Committee might be sympathetic to find a solution.
^ MacGregor-sign is way off the highway
^ Freeman- perhaps we should continue to have school appraised of the problem and
possible solution of 2 on one set of posts.
^ Bassett- agree with Bruce, not all that wording on 12 s.f.
^ MacGregor- get closer to the street and taller
^ Harrison-this is a realistic hardship
^ .Jackson- won't restrict the height of the sign
^ Freeman-sign is rather low
^ Nixon- idea of going back to the School Department, we might grant a minimal
increase in total.
^ MacGregor- work better if on the other side than proposed
^ Freeman- does the Board feel it should be continued?
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^ Bassett- we will check with School Committee regarding 2 posts, smaller lettering
with both Departments.
^ Freeman-we can continue until May; if you cannot get on school agenda we need
to know before advertisement.
^ Kearney- what would we accept as guidance for size (16 s.f.)
^ MacGregor- it needs to work
^ Freeman- total of 16 s.f.
Motion by Phillip Jackson to CONTINUE 08-i1 to the May 13, 2008 meeting. Second by Paul
Kearney. VOTE 5-0-0
08-12 Mark A, Zelinski, 81 MacLean Road, Map 42 Lot 60. The applicant seeks a Special
permit under MGL 40A-9 and Brewster Bylaw 179-16, Table 2, Note 14 to build an attached
garage with an in-law apartment above.
Members hearing this case were Messrs. McLellan, MacGregor, Kearney, Nixon and Harrison.
Mr. Mark Zelinski presented his application.
This apartment will be occupied by his mother and father-in-law. Set backs are not an issue for
the garage as this lot was created before 1960 and it qualifies for less than 20'.
Discussion
^ MacGregor-this road was not asub-division, is there anything to prove it was created
before 1960?
^ McLellan-there is an existing stake about 17', who put it there?
• Zelinski-there are concrete markers, the stakes were flagged off for a dog fence.
^ Freeman-markers should be referenced on a site plan.
^ Zelinski- garage will be attached to the home with a 3 season room, apartment above.
Scaled to 589 s.f.
• Freeman- just a reminder about Note 14; restricted use, not rented, if no longer used
notify Building Inspector, and the permit runs with the owner.
^ MacGregor-not in the water recharge area
Open to Public Input
^ No one spoke to this application
Motion by Brian Harrison to Close to Public Input. Second by Paul Kearney. VOTE 5-0-0.
No further discussion
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Motion made by Paul Kearney to GRANT Special Permit under MGL 40A-9 and Brewster Bylaw
179-16, Table 2, Note 14 for use of an in-law apartment with the following conditions;
1) Subject to verification as required by the Building Inspector that the lot was created before
1960.
2) As built site plan to be submitted upon completion.
3) meet all conditions of in-law apartment under note 14.
Second by Brian Harrison. VOTE 5-0-0.
Motion made by Brian Harrison to adjourn the Meeting. Second by Robert McLellan. VOTE 5-0-0
Respectfully sub fitted,
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