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Home My Public Portal AboutZoning Board of Appeals -- 2008-12-09 MinutesDate approved 01-13-09 Vote 7-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes December 09, 2008 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Arthur Stewart, Robert McLellan, Patricia Eggers, Bruce MacGregor, Brian Harrison, Leslie Erikson and John Nixon. Member missing; Paul Kearney. OLD BUSINESS • Motion made by Robert McLellan to ACCEPT the Minutes of November 13, 2008 as presented. Second made by John Nixon. VOTE 8-0-0. NEW BUSINESS 08-33 Doris Fisher, 31 Governor Winthrop Road, Map 5 Lot 40. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25-B to construct abath/laundry to a pre-existing, non-conforming structure within Wetland Conservancy District. Members hearing this case were Messrs. MacGregor, Harrison, Nixon, Erikson and McLellan. Mr. David Carlson represented Ms. Fisher Mr. Carlson was asked for a brief overview of this application. Ms. Fisher would like to add a first floor bathroom to an already existing home. The corner of the property that is planned appears to be in Wetlands Conservancy soil. Felco Engineering did several test holes and has indicated that Belgrade soil is present. BOARD QUESTIONS • )ackson-Have you seen Conservation Commission response to your application? • Carlson-we did not formally go to Conservation. • Nixon=`seasonal high water table" had been indicated. Contour slopes toward the water. • Carlson-site of addition is about 45' above bay water height. Fully developed neighborhood-no previous issues with high water. • Erikson-what is the septic situation • Carlson-new Title V in 1991-fully approved for the number of bedrooms. Original floor plan had only ~/z bath on first floor, they have already retrofitted stairways with double handrails. • Erikson-existing garage/cottage • Carlson-pre 1950, tied into septic. Bath and apartment above garage. • MacGregor-any log of test results? • Carlson-not formalized, dug about 4'. David Lajoie said it "looked like". • Nixon-below the depth of footings • Carlson- he indicated on the drawing where he found it. • McLellan-picture shows holes covered. Is that for Victor Staley's inspection? • Harrison-has design been shown to the Building Department? Meet Seventh Edition of Building Code. ZBA Minutes 12-12-08 ~ 1 • Carlson- yes Open to Public Input • No one spoke to the issue Motion by John Nixon to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0. FURTHER DISCUSSION • Harrison-low impact, in favor • Erikson-approve • Nixon-soil in such a small pocket, not an issue. • McLellan-no problem • MacGregor-OK Motion made by Leslie Erikson to GRANT Special Permit under MGL 40A-9 and Brewster Bylaw 179-25-B to construct abath/laundry to apre-existing, non-conforming structure within Wetland Conservancy District because of minimal impact to the soil and surrounding area. Second by Robert McLellan VOTE: 5-0-0 08-34 Elizabeth C. Perry and Carl F. Ahlstrom, Map 22 Lot 26-8. The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-20.3 to place a sign on Route 6A (300 feet from applicants' properly) within a Residential District. Members hearing this case were Messrs. MacGregor, Harrison, Nixon, Stewart and Ms. Eggers. Ms. Perry and Mr. Ahlstrom represented themselves for this issue before the Board. They were asked for a brief description of their application. "We own a small gallery and studio about 300' from Route 6A, behind the Dillingham property. We need a sign for identification and location." BOARD QUESTIONS • ]ackson-driveway not your property • Ahlstrom-right of way • ]ackson- Whose property would the sign go on? • Perry-town property. Sign has been approved by Historic, not lit; we are on the "Artisans Trail" -hard to indicate where we are located. • MacGregor-wouldn't we hear typical Variance language. Go through point by point. • ]ackson-topography-unique soil conditions? • Perry-land is set back 300' • Ahlstrom-where sign would go is where mailbox is located. • MacGregor- "no one can see our sign from Route 6A if it's on our property. We are only open Friday, Saturday and Sunday, June through September and need visible signage." • Perry- #3- detriment to public good-no other signs in the area. Detriment to us not to have a sign. #4 Hard to have a gallery without a sign. We belong to the Chamber of Commerce. Teach art classes in the summer -people need to find us. • Harrison-struggle with # 1, off 300' is a stretch to meet legal requirement. • Eggers-confused, home occupation allowed on the property. • Nixon- replace existing mailbox with large box with sign on it. Problem with off premise-to be more visible but within the law. • MacGregor-nice to see a large piece of land kept intact. • Stewart-clearly just a sign, proof of home occupation-Gallery fits that. Could the sign fit the 4' limitation? ZBA Minutes 12-12-08 2 • Perry-could be shorter to keep within the 4 s.f. including add on. • Stewart- right where the mailbox is. • Perry-yes • Stewart-could work our way around it-unique. Hardship without sign. Selling only their own artwork. • Eggers-the driveway leads in and then goes to where? • Perry-Dillingham house on left, new house on the right • Harrison=creative variance"- sign is pretty deminimous. Concern where the sign goes- not on someone else's property. • Nixon-no'~on lot"-residential (179.206), not on lot- H state highway. • MacGregor-no right to give on neighbors land or state property-should apply there. • Harrison-can condition • MacGregor-OK in road layout • Perry-road is quite wide • Stewart-sign in right of way, mailbox would go there. House behind would not see it. • Macgregor-not affect sight lines. • Stewart- state application through Victor (page 30, # 2H) • Eggers-what comes first? • Harrison- we have to approve first, then make Victor aware of page 30. Open to Public Input • No one spoke to the issue Motion by Patricia Eggers to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0. FURTHER DISCUSSION • Eggers-a little different, agree to keep land use, low impact, support if permit from State. • Harrison-large lot, try to build on condition of State permit. • Nixon-agree • Stewart-OK if sign kept within 4 s.f. • MacGregor-in agreement Motion made by Brian Harrison to GRANT a Variance under MGL 40A and Brewster Bylaw 179- 20.3 to place a sign on Route 6A and Blue Jacket Cartway as shown. Lot is an unusually large Polygram and defer to other requirements for Variance. 1) not to exceed 4 s.f. for entire sign and 2) State highway permit for sign. Second by Patricia Eggers. VOTE: 5-0-0 08-35 Brian Penney, 44 Captain Connolly Road, Map 51 Lot 56. The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-52 to build an addition and deck within setback restriction. Members hearing this case were Messrs. Harrison, Nixon, Stewart, McLellan and Jackson. Charlie Ferullo, contractor, represented the applicant. Mr. Ferullo gave a description of this project and application. The existing house is close to Fishers Point. We would remove the deck above the roof, add a family room and 10' deck facing the pond. They are 8' shy of setback requirement. Conservation Commission restricted to foundation of sonar tubes. They cannot bring the foundation any closer to the water. BOARD QUESTIONS • Jackson-issues with setbacks ZBA Minutes 12-12-08 • Stewart-looked at this a couple of times to meet criteria of corner lot. Frontage on Capt. Connolly and Fisher Point; 2 sides considered frontage. Table 2, Note 3. Applicant has choice for frontage not for setback.- Town Counsel Legal Opinion dated 02-01-05. • Nixon-will this be an apartment • Ferullo-3 bedroom home; no added bedrooms -already 2-story dwelling • Stewart-floor layout • Ferullo-have new plans, not submitted yet. The addition is one large room. • Harrison-look at Variance requirements- #1 doesn't fit. Topography, shape not unique in the district. Under a Special Permit, may be built on the existing foundation. Nixon-similar thoughts; #2 Financial Hardship is hard to meet. Would scale back and eliminate the deck and finish footprint under Special Permit. • Ferullo-trying to get extra space. Hardship-can't go toward the water. • Nixon-do that with just patios and use existing footprint. • Stewart-Conservation Commission doesn't object to the deck. Don't meet conditions 1 and 2 for Variance. • Jackson-unique topography cannot be met. • Ferullo-last house on the pond is unique. • Harrison-if we voted now it would probably denied. We can give you the opportunity to withdraw without prejudice. • Stewart-recommend withdrawal • Ferullo-would like to request a withdrawal and may come back with filing for Special Permit. Motion made by Brian Harrison to allow the applicant (08-35 Brian Penney) to WITHDRAW without prejudice. Second by Arthur Stewart. VOTE 5-0-0 OTHER BUSINESS 1. Signing of White Rock Commons Amendment 2. Discussion of Revision of filing fees-review • Will be discussed and voted as Public Hearing on January 13, 2009; Administrative Filing Fee $1000.00 per application Consultant and Technical Review Fee $5000.00 plus $200.00 per unit Minor Modification no charge Major Modification $500.00 Administrative Filing Fee $5000.00 Consultant and Technical Review Fee Plus $100.00 per unit All fees must be paid upon submission of application Motion by Patricia Eggers to adjourn meeting. Brian Harrison seconded. VOTE: 8-0-0 Resp ctfully submitted, M ilyn Mooer , Jerk l ,'~~°~~;1' ~,._.. ZBA Minutes 12-12-08