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Home My Public Portal AboutZoning Board of Appeals -- 2009-01-13 MinutesDate approved 02-10-09 Vote 7-0-1 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes 7anuary 13, 2009 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Arthur Stewart, Robert McLellan, Paul Kearney, Brian Harrison, Bruce MacGregor and Patricia Eggers. Members missing: John Nixon and Leslie Erikson. OLD BUSINESS • Motion made by Robert McLellan to ACCEPT the Minutes of December 12, 2008 as presented. Sewnd made by Patricia Eggers. VOTE 7-0-0. • Motion made by Arthur Stewart to ACCEPT the WRC Minuties of November 25, 2008 as presenl~ed. Second by Paul Kearney. VOTE 4-0-0. NEW BUSINESS 09-01 Rosemary Williams, 40 Cedar Lane, Map 31 Lot 141. The applicant seeks a Special Permit and/or Variance under MG L 40A-9 and Brews6er Bylaw 179-1i, Table 1 and 179-52 to build an accessory apartrnent over a proposed attached one car garage within the 20' rear setback. Members hearing this case were Messrs. MacGregor, Harrison, Stewart, Kearney and McLellan. Allison Alessi (A+E Architects) repn~entedtheapplicant Rosemary Williams was present. This is a 600 s.f. addition with a 1 car garage; below grade. Need a Variance due to rear setback less than 20 feet. House was built in 1986. Angle of the house was difficult to add on. Robin wood subdivision built before cluster zoning allowed. Many homes already have garages. In comp) lance with % lot coverage. Garage and apartrnent to assist elderly parents (87+91) BOARD QUESTIONS • Harrison-entier fat end (garage), do you have enough room to get a car in and out of garage? • Alessi-tighttuming radius • MacGregor-not enough swing. • Alessi-tight but fuming is possible. • Stewart-don't see how a car can get out without being on neighbors property. Slope is quite steep. • Alessi-4' retaining wall and 10' driveway • Williams-idea of garage was for convenience, major concern is the addition • Stewart-why not in the front right? • Alessi-has to stick out over 20'to make it work, that is why they picked this design. • Stewart- if done the other way you would never have to be here, ZBA Minutes 01-13-09 1 McLellan-perhaps you should withdraw and place garage in the front. • Harrison-I have trouble with the topography under Variance criteria-not a unique feature. • ]ackson-clearly a Variance, not Special Permit. Harrison-how close is ttie screened porch to the lot I ine? • Stewart-looks like 12' Kearney- trouble with the Variance criteria as well. • ]ackson- sense of the Board does not seem positive Alessi- I request a withdrawal without prejudice. Open to Public Input No one spoke tD issue Motion by Arthur Stewart to Close to Public Input. Second by Brian Harrison. VOTE 5-0-0 Motion by Arthur Stewart to accept applicant's WITHDRAWAL. Second by Brian Harrison. VOTE: 5-0-0 PUBLIC LEGAL HEARING FOR NEW ZONING BOARD COMPREHENSIVE PERMIT FEES. The proposed new fees for Comprehensive permit 40B are available to review in the Zoning Board of Appeals office or online at the Town of Brewster's website (www.town.brewsher.ma.us). Open to Public Input • No one spoke to issue Motion by Patricia Eggers to Close to Public Input. Second by Robert McLellan. VOTE: 7-0-0 Motion by Arthur Stewart tiD ACCEPT Comprehensive (40B) sties as submitted. Seconded by Pat Eggers. VOTE: 7-0-0 Motion by Patricia Eggers to adjourn meeting. Brian Harrison seconded. VOTE: 7-0-0 ly submitted, kl1~ arilvn Moo~F~, Clerk ZBA Minutes 01-13-09 2