The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2008-07-08 MinutesDate approved 08-12-08 Vote 5-2-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes July 8, 2008 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Arthur Stewart, Robert McLellan, Paul Kearney, Patricia Eggers and Leslie Erikson. Members missing;, Brian Harrison, John Nixon and Bruce MacGregor. OLD BUSINESS • Motion made by Robert McLellan to ACCEPT the Minutes of June 10, 2008 as presented. Second made by Paul Kearney. VOTE 6-0-0. NEW BUSINESS 08-20 TBP Golf Trust, 232 South Orleans Road, Map 53 Lot 13-0. The Applicant seeks an amendment to Variance 07-32 under MGL 40A-9 and Brewster Bylaw 179-8 15, to change the setback of the "4th" building from 25 feet to 15 feet. Members hearing this case were Messrs. Stewart, Erikson, Kearney, McLellan and Jackson. Mr. John Pfeffer and Mr. Doug Pfeffer were present to submit this application. Mr. John Pfeffer gave a brief overview. This is all in reference to Plan 10499-2 as submitted in the packet. The golf course is in a trust. It looks like a large piece of property but we would like to change this set back because 1) the golf practice area is next to the property line and golf balls come that way 2) to avoid a hill on the west of the property and 3) the elongated house was designed to have glass to the east, looking toward the pond and the back of the property. We have enough room for a one car garage at 25 foot setback but we are asking for 10' more for atwo-car garage. There will not be a problem with neighbor's physical view due to screening (seasonal). Most abutters are in favor of a single family home on this property. Houses on the west end are away from the property. Fifteen foot setback for 2 of these was allowable according to the Zoning Agent. QUESTIONS FROM THE BOARD • Stewart-At the last meeting this home was just a rectangle on the plan with no setback shown. Meeting Recesses to get previous plans form 07-32 Plan used for comparison was 0-10499-2 by Schofield Brothers of Cape Cod, dated 8-30-07, revised 01-03- 08, received by ZBA on 1-15-2008 • Stewart-Plan presented in this application (0-10499-2, revised 05-19-08) differs from the above noted plan. • Erikson-regarding the house design, space from garage to the house is 8'- what is the reason for this separation? • 7. Pfeffer-owner designed this so I cannot comment ZBA Minutes 07-08-08 • Erikson- that is 8' of space that can be eliminated • Stewart- I thought from past discussion, this was to be caretaker or golf managers house. • J. Pfeffer- no, single family house. • Kearney- under the impression it was to be used by golf personnel. • ]. Pfeffer- single family home • Jackson- why can't it be moved 10' south? • J. Pfeffer- hillside and golf balls. • Jackson- according to plan contour lines they don't change much North to South as they do East to West. • J. Pfeffer-topography off the town ariel views and may not be correct. OPEN TO PUBLIC INPUT • Sandy Schaefer Ung- full letter in record. Ask ZBA to deny this application and withdraw past Variance 07-32. • David Tunney-backyard abutter, not convinced there is a reason for this Variance, if ZBA requests 25' then keep to 25'. • Richard Bruen-if a private dwelling is not allowed are there other buildings on this property? • Jackson- they have been allowed 3 dwellings previously (workforce housing) • Kearney- limit of 4 buildings was a condition to Variance. • Marianna Page Glidden-direct abutter to this property. Met with Mr. Pfeffer and he stated that should this not be granted he would submit a plan for 406 structures. How likely that such a plan is would be approved? • ]ackson-Nothing built there now is under a 40B. • Bruen- we were told this was our choice; start over with a 406. • Jackson- 40B rules are well defined and a long process. • Stewart- must file through a 406 process. It is already 5.5 acres with 4 units. • Bruen- are those 4 it? • Stewart- can't be in the position to decide that, the applicant does have the right to file a 40B. • Jackson- we have given the applicant permission for buildings 3 and 4 • Judith Lech- we heard if permission was not granted then structures behind our house would become 40B. This is a big impact. With a 406-you can get away with anything. Is that too extreme? • Jackson- The Town of Brewster and the state would like more 40B's but the process changes. There are certain expectancies, not a slam dunk. The well being of the neighborhood is considered as well as the watershed issue. • Carol Bari- (abutter)- I support this to a point- as a single family residence with family member living there. Concerned about what could happen-aware of a different plan to come forward. If requested for a single family home can anything be applied for in the future? Can there be a compromise and eliminate the 8' separation? • Marianna Page Glidden-Was there a time it was 15 feet, then changed? • Jackson- changes over the years. • Marianna Page Glidden-why did the ZBA move the 25 foot setback? What was your thinking? • Jackson- we wanted a certain amount of relief for the neighbors-as neighbor friendly as we can be- a little give and take. • Stewart- when we issue we have the authority of conditions such as the 25' setback and no further building. This is not a new Variance but a modification on one condition. Only one thing before us- from 25' to a 15' setback. • Schaefer Ung-urge the ZBA to visit the property. • Tunney- the irrigation ditch is an eyesore ,this will continue unless someone moves there. • Glidden-when you decide what kinds of things do you take into consideration. As an abutter it is difficult to be told either/ or. Support or we will file something else that you won't like. Forced to be supportive only because of 40B threat. ZBA Minutes 07-08-08 • Bari- I echo the others. We would like to maintain the character of the neighborhood. I am concerned about the "this or.....". Water quality is the area is a major concern. No problem with 10 feet on a private dwelling only. • McMullen- regardless of what we do there is no guarantee what they will bring back in the future. • Schaefer Ung- flatly opposed to change. • Tom Rogers-this is tagged as a single family dwelling only. Motion by Arthur Stewart to Close to Pubic Input. Second by Robert McLellan. VOTE: 5-0-0. Further Discussion • Stewart-this is a bit disturbing, a threat of a 406, as a member of the ZBA we look at each application as it stands and the merits it stands for. Cannot be swayed by a threat. Upsetting- when you came before us last Fall-the 4th building was located where it was shown on the plan dated revised 01-03-08. Coming back for a modification when it was just here last November- didn't you know where this house was located. The burden is to show that this is a hardship to move to the west. The map is signed by a professional firm with topography as accurate. These lines don't indicate that this building can not be moved. • Erikson- Mr. Stewarts comments are on the mark- should adhere to the 25' setback. • J. Pfeffer-look at the new plan, the building sits on the road. • Erikson-going on the plan that is before us, I agree with the topography lines. I believe it is not a hardship. • McLellan- no evidence it is a hardship. • Kearney-not justify the hardship, I stand with original. • Jackson-I agree with all. Motion by Arthur Stewart regarding 08-20 to seek an amendment to Variance 07-32 does not meet the requirements of hardship thus a DENIAL of this modification is filed. Second by Robert McLellan. VOTE: 5-0-0. INFORMAL DISCUSSION Mark Zippo (White Rock Commons), 157 South Orleans Road. Map 52 Lots 31-1 and 33-1. The Applicant seeks an amendment to Comprehensive Permit 07-08 to reduce the overall number of dwelling units from 25 total units (24 townhouse-style dwelling units plus one single-family dwelling) to 14single- family dwellings on individual lots (10 market rate dwellings and four affordable dwellings). This equals a 44% reduction in overall density. In addition, there will be a reduction in total bedrooms from 50 down to at most 42 bedrooms. Each of the 14 dwellings in the amended subdivision will be serviced by its own Title V septic system with nitrogen reduction capacity. Mark Zippo was present to give a brief description of request. They would like to alter the approach of White Rock Common from Condominium to Association. Less density, less bedrooms, less ground coverage. They would like to know the Boards thoughts; is this a modification or significantly different? They Board will review this and consult with Dick Heaton. May cost applicant Consultants fees for review. Must find out how the DCPC affects this now. ZBA Minutes 07-08-08 Motion to adjourn by Arthur Stewart Second Patricia Eggers VOTE:6-0-0 l: L IN 9Z 9(1~ 80. -,Lii1 ~~W~ ZBA Minutes 07-08-08