HomeMy Public PortalAboutZoning Board of Appeals -- 2008-06-10 MinutesDate approved 7-8-08
Vote 6-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
June 10, 2008
Interim Chairman Phillip Jackson called the meeting to order at 7:00 PM. Members present were; Arthur
Stewart, Robert McLellan, Brian Harrison, John Nixon, Bruce MacGregor and Leslie Erikson.
Members missing; Paul Kearney and Patricia Eggers
OLD BUSINESS
• Review of Membership List; John Nixon has been appointed by the Selectman as a Regular Member
and Ms. Patricia Eggers has been appointed as an Alternate Member.
• Motion made by Arthur Stewart to ACCEPT the Minutes of May 13, 2008 as presented. Second made
by John Nixon. VOTE 6-0-1.
NEW BUSINESS
07-09 07-09 Habitat for Humanity of Cape Cod and the Town of Brewster, Slough Road at
James Burr Road. Map 51 Lots 9-6,9-7,9-8 and 9-9.
• The applicant is seeking a minor modification of this previously approved project to pave the
driveway of 38 James Burr Road, where awheelchair-bound individual will be living. A portion of the
other three homes will be paved as well to allow access to these homes as well.
• Acceptance of the Declaration of Restrictive Covenants, as presented by Attorney Kate Mitchell
Members hearing this case were Messrs. MacGregor, Jackson, Nixon, Harrison and Stewart.
Mr. Don Dickinson, Attorney Kate Mitchell and Ms. Vicki Goldstein were in attendance.
1. Mr. Dickinson noted that originally all four driveways were to be crushed stone. Subsequently after the
letter of 05-27-08 which was a minor modification of home style to accommodate a handicapped family
member, the driveway at 38 James Burr Road was moved to the west side. Crushed stone is not friendly to
handicapped accessibility. To allow this child access to other families within the neighborhood we are asking
for paving of the single car section of each driveway as an additional minor modification.
DISCUSSION
• Macgregor-you know the paved drive will be the first used
• Dickinson-this section is 10' wide, they will have to adjust.
• Mitchell-this is a small enough community, they get savvy pretty fast to make it work.
• MacGregor-has this happened before at other Habitat projects
• Dickinson-N0, we should incorporate in the future, were still learning.
• Nixon- are there national standard for issues of this sort
• Dickinson-ADA standards are met but guidelines for visitors are vague.
• Goldsmith-there are challenges to reach standards nationally
Open to Public Input
• 7illian Douglass- Housing Advisory Committee supports this modification for all access.
Motion by Arthur Stewart to Close to Public Input. Second by Brian Harrison. VOTE 5-0-0
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THOUGHTS
• Stewart- in favor
• Nixon- same
• Harrison- ok with me
• MacGregor- fine
• Jackson- I am in favor
Copy of updated plans will be submitted to the Zoning Board.
Motion made by Arthur Stewart to APPROVE a minor modification to 406 Special Permit number 07-09 to
provide for paving of these three driveways. Second by Brian Harrison. VOTE 5-0-0.
2. Attorney Kate Mitchell presented the Declaration of Restrictive Covenants as required by original 406
Special Permit 07-09. This is recorded with the Homeowners Document in a trust made up of the 4
homeowners; 1 lot = 1 vote. Parts of the land do not need to be in control of the homeowners when the
Homeowners Association is established, it will be recorded with the deed and re-recorded as properly
ownership changes.
DISCUSSION
• MacGregor-restrictions end after a certain period of time?
• Mitchell- 30 years unless renewed, but by legal perspective in perpetuity in affordable housing.
• MacGregor-when the units are transferred are you done?
• Mitchell- The Trust is the homeowners but Habitat for Humanity serves as an advisor and is noticed
of all meetings as long as Habitat has interest (mortgages)
• Goldsmith-substantially out but advisors do not take the place of the Town.
• MacGregor-in other places, have they followed this.
• Jackson-with an even number of units, what is the majority?
• Mitchell- 3 out of 4 must agree
Open to Public Input
• Jillian Douglass- Housing Advisory Committee supports this document
Motion by Brian Harrison to Close to Public Input. Second by John Nixon. VOTE 5-0-0
Motion by Brian Harrison to ACCEPT the "Declaration of Restrictive Covenants" as presented for previously
approved Special Permit 406 07-09. Second by Arthur Stewart. VOTE 5-0-0
08-14 Larry Ballantine, 218-224 Paines Creek Road, Map 22 Lot 56-1. The applicant seeks a
Variance and/or Appeal of Zoning Agent Decision under MGL 40A-9 and Brewster Bylaw 179-25-B Article V,
Table 2, Note 12 to change property to condominium form of ownership.
Members hearing this case were Messrs. MacGregor, Erikson, Nixon, McLellan and Stewart.
Attorney John McCormick represented Mr. Ballantine. Mr. Ballantine was present as well as Mr. Paul
Shanahan, builder for this project.
Mr. McCormick gave a brief overview; we were here in May to discuss the area of 3 buildings (1 duplex and
2 stand alone building as a change of use discussion. After much discussion the ZBA and Mr. Ballantine
agreed on a condition to be added of NO RENTAL OF LESS THAN A YEAR. With this condition there would
not be a change of use. The condition has been added to the Condominium Document which has been
presented to the Board.
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DISCUSSION
• Stewart- ~~phasing plan"; 2.2?
• Ballantine-one building must be rebuilt, for financial reasons one must be sold then rebuild.
• Stewart- I thought we were approving all 4, I don't like 3 in a condo and 4th in other.
• Ballantine- all 4 as condo
• McCormick- all 4 are condominium form of ownership
• Nixon- I read this the same way
• Stewart- what plan are we working off? C 2.1.2.
• Ballantine- I have a new plan to present C 1.1.1.
• MacGregor-this is a little confusing
• McCormick-no creation of new units, there are 4 there and there will be those 4 for the
condominium
• Stewart-still confused with the'~phasing"- can the 2~d phase be rented weekly?
• MacGregor- without a plan you are right.
• Stewart- if in the Document, the leasing term stands for all
• McCormick-law requires certain rights to the unit owners. Special Condition as part of the
permitting reason being allowed. No change in use. No rental less than 1 year.
• Stewart- Master Deed; Rules and Regulations, page 10 paragraph 1
• MacGregor-add statement "Trustees shall NOT give approval to less than 1 year"
• McLellan- page 3, 5.2 =are there just 2 parking spaces or 2 spaces each?
• Ballantine- 2 spaces each
• Erikson- is there another document on how the Board of Trustees is created?
• McCormick- in here; page 6 number 11.
• Nixon- in regard to Phase 2 building- do we have to reopen? The structure plans were previously
submitted and approved (refer to SP 08-02 and SP 08-10 on document)
• McLellan-regarding the septic system; will you run the piping and cap it off?
• Ballantine-closed off now.
Open to Public Input
No one spoke to this issue
Motion by Robert McLellan to Close to Public Input. Second by John Nixon. VOTE 5-0-0
Thoughts
• Stewart-OK based on clarifications, keep affordable
• McLellan- fine
• MacGregor- agree
• Erikson- OK
• Nixon- OK
Motion by John Nixon to OVERTURN THE DECISION of the ZONING AGENT regarding change of use.
Continue use of these units as used before with agreement of the applicant. This is indicated in the amended
Condominium Master Deed, Paines Creek Condominium, Schedule C, Rules and Regulations, No. 1; Trustees
shall NOT give approval to less than 1 year". All four (4) units, Phase one and two, will be part of the
Condominium. Reference plans C 1.1.1 by Coastal Engineering Co. dated 06-09-08, project C16004.01.
Second by Robert McLellan. VOTE: 5-0-0.
Attorney McCormick requested to withdraw his client's application for Variance.
Motion by Arthur Stewart to WITHDRAW the application for a Variance. Second by John Nixon. VOTE: 5-0-0.
ZBA Minutes 06-10-08
08-18 Richard + Karen Keevers, 1861 Main Street, Map 17 Lots 70 + 75. Applicant seeks a Special
Permit under MGL 40A-9 and Brewster Bylaw 179-1i Table 1 (retail and services), Use 8, change of
ownership for existing Lodging House.
Members hearing this case were Messrs. MacGregor, Erikson, Nixon, McLellan and Harrison.
Applicant was represented by Attorney Steven Jones. The applicants were not present due to family
obligation out of state.
The Keevers are planning to purchase the Old Manse Inn in the near future. Under current Brewster Bylaw
they must re-apply for lodging permit. They plan on continuing to operate this home as a 10 bedroom inn.
They will be living off the premises and understand they must have a dedicated communication system. The
Keevers have experience and knowledge of this business and will continue in the same manner. They do plan
interior changes in the future.
They have knowledge of the past decision (05-15 #4) regarding this property and will adhere to this.
Open to Public Input
No one spoke to this issue
Motion by Bruce MacGregor to Close to Public Input. Second by Robert McLellan. VOTE 5-0-0
Thoughts
• McLellan- fine
• MacGregor- Ok
• Harrison- fine
• Erikson- OK
• Nixon-Ok
Motion by Robert McLellan to GRANT Special Permit 08-18 under MGL 40A-9 and Brewster Bylaw 179-11
Table 1 (retail and services), Use 8, change of ownership for existing Lodging House. Second by Leslie
Erikson. VOTE: 5-0-0.
08-19 Lissa Boutilier + Kevin Flaherty, 172 Surrey Lane, Map 40 Lot 43-118. Applicant seeks a
Special Permit under MGL 40A-9 and Brewster Bylaw 179-16, Table 2, Note 14 to build an in-law apartment
attached to the original house
Members hearing this case were Messrs. Jackson, Erikson, Nixon, McLellan and Harrison.
Lissa Boutilier gave a brief overview of her project.
She would like to add a addition to her home to include a 24 x 24 in-law apartment for her parents. Her
Mother is in need of help at this time and her Father cannot provide it all. There will be a full basement to
this addition with a family room and a laundry also planned for the family. When the parents are no longer in
need of this unit it will revert back to family use.
Questions from the Board
• ]ackson- it must be 600 s.f. or less
• Boutilier- will change to 24 x 24 (plans show 26 x 24)
• Stewart- interior wall dimensions
• Boutilier-when not needed it will be incorporated into the main house
• Nixon- setback is 32' from the rear, large enough lot
ZBA Minutes 06-10-08
• Erikson-what is the situation with the septic?
• Boutilier-will be checked this week, approved 4 bedroom but only 3 bedrooms now.
Open to Public Input
• 7illian Douglass-nice to see this type of unit incorporated back in home.
Motion by Brian Harrison to Close to Public Input. Second by John Nixon. VOTE: 5-0-0
Thoughts
• Jackson-read the criteria for this type of apartment to the applicant under Note 14,
Motion by Leslie Erikson to GRANT a Special Permit to build an in-law apartment attached to the original
house under MGL 40A-9 and Brewster Bylaw 179-16, Table 2, Note 14. Second by Robert McLellan. VOTE:
5-0-0.
Reorganization of Brewster Zoning Board for FY 2009
Motion by Arthur Stewart to appoint Phillip Jackson, Chairman. Second by Robert McLellan. VOTE: 6-0-0
Motion by Robert McLellan to appoint Arthur Stewart, Vice-Chair. Second by John Nixon. VOTE: 6-0-0.
Motion by Brian Harrison to adjourn. Second by Arthur Stewart. VOTE: 6-0-0.
Respectfully submitted,
rilyn Mooers,,C rk
8Z: ~r U 0 l 111f 30.
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