The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2009-02-10 MinutesDate approved 03-10-09 Vote 8-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes February 10, 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, John Nixon and Leslie Erikson. Members missing: Patricia Eggers OLD BUSINESS • Motion made by Robert McLellan to ACCEPT the Minutes of January 13, 2009 as presented. Second made by Paul Kearney. VOTE 7-0-1. NEW BUSINESS 09-03 Raymond and Barbara Labree, 98 The Tides Court, Map 4 Lot 19. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-256 to construct an addition to apre-existing, non- conforming dwelling. Members hearing this case were Messrs. MacGregor, Harrison, Stewart, Kearney and Nixon. Applicant was represented by Robert Perry. Mr. Perry gave the following overview; this is a modest addition to a kitchen and enclosed porch on a simple foundation. It is not out of scale to the neighborhood, not violating any setbacks applied to this lot. BOARD QUESTIONS • MacGregor-how did you pick the front as this is a corner lot? • Perry- Victor picked it, it doesn't matter as it is a through lot. • Stewart- has the applicant talked to the neighbors? We have a letter from an abutter. • Harrison-struggling with setbacks, applicable by current law- a matter of law • Stewart-it would be non-conforming today, increasing non-conformity at 18' • MacGregor-if volume added it would be a Special Permit, further into the setback is a Variance. • Stewart-have used 10/20 in past • MacGregor-past Zoning Agent did it the way Brian suggested but Victor Staley interprets it differently. • 7ackson-this is a specific enough situation; current setbacks or at time of being built. • Stewart-26B, added in 2005, to specifically address the issue. • Harrison- language of 40A-6, "state grandfather clause". Holding on to the premise that "setbacks only apply to the original", first time only but not continually. • Stewart-2005 Bylaw change approved by Town Attorney and the Attorney General. • Perry-when we got the first Variance it extended to the future. ZBA Minutes 02-10-09 Open to Public Input • No one spoke to issue Motion by John Nixon to Close to Public Input. Second by Arthur Stewart. VOTE 5-0-0 FURTHER DISCUSSION • Ready for Decision MOTION by Arthur Stewart to GRANT Special Permit to 09-03 Raymond and Barbara Labree, 98 The Tides Court, Map 4 Lot 19 as discussed and in accordance with plans presented. Second Paul Kearney. VOTE: 5-0-0. Discussion with Town Planner, Susan Leven • Once you build, current setbacks are in effect • Note 14 is being removed as it doesn't tie into anything. • Definitions; affordable, accessory, dwelling unit • Board feels that Note 14 and Definition is valuable asset in Brewster. Should be re-looked at and discussed with Planning Board • Conservancy Soil Issue- Board would like it removed or moved to another Department • "Zoning Task Force"- PB, Town Planner, ZBA, Building" meet quarterly for discussion. Motion by John Nixon to adjourn meeting. Paul Kearney seconded. VOTE: 8-0-0 ly submitted, Mooers, r-~" ,ter ZBA Minutes 02-10-09 2