The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2009-03-10 MinutesDate approved 04-14-09 Vote 4-0-1 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes March 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, Leslie Erikson, and Patricia Eggers. Member missing: John Nixon Attending Audience Members: Sue Leven, Brewster Town Planner OLD BUSINESS • Motion made by Robert McLellan to ACCEPT the Minutes of February 10, 2009 as presented. Second made by Arthur Stewart. VOTE 8-0-0. NEW BUSINESS 09-02 Harry 7. Oxford 7r. and Marjorie A. Rollinson, 21 Pilgrim Pines Lane, Map 5 Lot 121-2-R and 121-3-R. Represented by Attorney Duane Landreth. The applicant seeks an Appeal of Zoning Agents decision, under MGL 40A-9 and Brewster Bylaw 179-26A, that the two lots have merged because an accessory structure straddles the property line. Members hearing this case were Messrs. MacGregor, Harrison, Stewart, Kearney and Jackson. Applicant represented by Attorney Duane Landreth. Mr. Harry J. Oxford was present. Attorney Landreth gave an overview of this application. The Oxford's acquired the property, which is identified in the deed as three separate parcels, on January 31, 2007 from Margaret E. Murphy. The deed is recorded at Book 21787, Page 34 at the Barnstable Registry of Deeds. In it, the property description refers to a plan recorded at Plan Book 255, Page 62. That plan, dated April 1972, was an Approval Not Required (°ANR") plan endorsed by the Brewster Planning Board. It created five (5) lots, 1, 2, 3, 4 and one labeled Peter G. Caveney . The Oxford deed references as Parcel 1 the Peter G. Caveney parcel. Parcel 2 refers to Lot 2 on the plan which is labeled as 41,700 square feet of area with 140 feet of frontage on Pilgrim Pines Lane, a private way created by a subdivision which is Land Court Plan 16948-H. Parcel 3 is Lot 3 on the ANR plan and is labeled as 30,700 square feet of area with 144.05 feet of frontage on Pilgrim Pines Lane. In late 2006, the property was marketed to Oxford as a lot developed with a house with an accessory structure and separate seven/tenths of an acre building lot. Sometime after the purchase, Oxford engaged a surveyor to do some preliminary planning work for the use of Lot 3. The surveyor informed Oxford that the accessory structure straddled the lot line and that could create a problem for him. Oxford then sought counsel and a formal opinion of the Building Commissioner was obtained. After the Building Commissioner rendered his decision, the 2008 plot plan was prepared, though, as the Board noted, that plan did not properly show the footprint of the present house. Since the date of the field survey (02/03/86), upon which ZBA Minutes 03-]0-09 the 2008 plot plan was based, the house was enlarged. No evidence to show the lots were merged. Shed was used as a children's clubhouse BOARD QUESTIONS • Stewart-question on the Ojala Plan 12/4/08- can't scale off the negative. • Landreth-scale SE corner to existing house-needs to be clarified • Stewart-needs to be updated • Landreth-original plan could/did scale • MacGregor-the shed was originally a kids clubhouse, called the °the Hob", set in the middle of the property, away from the neighbors. If granted-exact distance from the line must be determined. • Landreth-clearly an accessory structure Open to Public Input • No one spoke to this issue Motion by Brian Harrison to Close to Public Input. Second by Arthur Stewart. VOTE: 5-0-0 DISCUSSION • Harrison-shed is de minimus, no intent • Kearney- no concerns • MacGregor-house is the right distance from the lot line, eliminate the shed. Are there Conservation issues? • Landreth- status on the lot first, premature to venture into the next phase. • Stewart-shed can be relocated or removed. Need to verify the exact setback of the existing structure. • Jackson-I agree Motion made by Arthur Stewart that in reference to application 09-02 Harry J. Oxford Jr. and Marjorie A. Rollinson, 21 Pilgrim Pines Lane, Map 5 Lot 121-2-R and 121-3-R, REVERSE the Zoning Agents decision; 2 lots not merged. The shed shall be removed or moved to respect proper setbacks. Applicant will present a new plan to show existing main house setbacks. Second by Paul Kearney. VOTE: 5-0-0. 09-04 John G. Latham and Betty H. Latham, 83 Cathedral Road, Map 16 Lot 2. The applicant seeks a Special Permit under MGL 40-A-9 and Brewster Bylaw 179-42.1 C (1) (c) to construct a single bedroom apartment above an existing attached garage. Members hearing this case were Messrs. MacGregor, Harrison, McLellan, Erikson and Ms. Eggers. Jack Latham represented his mother for this application. Mr. Latham gave a brief overview of property and its issues. It has been determined by John O'Reilly the hydrology for this property is well below the allowed limit. A letter by Mr. O'Reilly will follow. BOARD QUESTIONS • Jackson-usually Conservation Commission makes their decision first. Should we hear this first? • MacGregor-didn't feel this application is outside the envelope of the existing building. Is that a Conservation issue? • Jackson- is this a whole new structure? • Latham- an added 2"d story. • Sue Leven-the main issue -if it is a wetland; septic system may or may not be moved. ZBA Minutes 03-10-09 • Jackson-a new septic in a wetland is a serious issue. • Latham-this has been tested by John O'Reilly company; grade at the bottom of the bog and grade at the water table. Results of test will be presented to Conservation Commission. • MacGregor-I don't mind hearing this if the vote is subject to Cons Com decision. • McLellan- the record would be on file, subject to Cons Com information. • Harrison, Eggers and Erikson- comfortable with that. • Latham- this is designed as living space for my son. 900 s.f. apartment with a single bedroom. • MacGregor- if something happens to Mrs. Latham (mother), does that release the family? • Erikson- comfortable with this, can add conditions. • Harrison- same • Eggers-same • McLellan- same • MacGregor- same Open to Public Input • No one spoke to this issue Motion by Patricia Eggers to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0. Motion by Brian Harrison to GRANT Special Permit to construct a single bedroom apartment above an existing attached garage subject to approval by Conservation Agent/Conservation Committee to determine that the upland bog is not a wetland. Decision is contingent upon this approval. Second by Patricia Eggers. VOTE: 5-0-0 09-05 Steel Nominee Trust, Ronald and Jane Remy, 524 Stoney Brook Road, Map 22 Lot 86. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-256, Table 2 to demolish and rebuild apre-existing, non-confirming garage within 9 feet of the lot line. Members hearing this case were Messrs. Harrison, Stewart, Kearney, Erikson and Ms. Eggers. Jane Remy, applicant, presented an overview. The outbuilding (viewed from the road) is not worth saving. We would like to remove and rebuild this further from the road- no closer than 9'. • Built in 1920-40 as storage with a screen porch; has electricity, no water. • Pre-existing, non-conforming. In 1950 the Town took land making Stoney Brook Road closer to the house. • Would like to place the building parallel to the house (intend not to disturbing the cedar trees) or flexibility to move further away. Keep out of the septic area. • Rebuild approximate same footprint. • Landscaping compatible to what is there. BOARD QUESTIONS • Jackson-did HDC approve? • Remy- YES, will not increase non-conformity. This will be a third bedroom, no kitchen. • Jackson- Conservation Commission noted "rare species" • Leven- must file a MESA filing. • Harrison-no questions • Stewart-why isn't this considered an abandoned building? Change of use or new meets current setbacks; now to be used as living space. • Remy-under "by right" • Stewart-to me it is not the same; must meet current setbacks. • Remy-did use as living space ZBA Minutes 03-10-09 • Stewart-abandoned, a hazard now • Erikson-rebuild as a "proposed garage" • Stewart-living space without kitchen. • Erikson-not opposed, total different structure • Kearney- improvement to property • Remy- keep it as it is historical. • Kearney- could be moved back to legal setbacks • Harrison-existing as a matter of right, use is similar, same sort of living area. • Stewart-what about abandoned issue? • Harrison- use is conforming • Remy- previous owner had no intention of abandoning it and neither do we. • Stewart- "abandoned" is 2 years except for conforming use. • Harrison- conforming use. • Stewart- can attach to main house as a 3~d bedroom. • Erikson-what would setback be for conformity? • ]ackson-pre dates zoning, prior to 1960 = 20 front, 10/10 side/rear • Stewart- it is a corner lot. • Eggers-is septic OK for 3 bedroom Open to Public Input • No one spoke to this issue Motion by Brian Harrison to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0. FURTHER DISCUSSION • Stewart- OK • Erikson- Ok with this application • Harrison- OK, use is a matter of right, it is a vast improvement. • Eggers-OK • Kearney- unfortunate terminology of "garage". Motion made by Leslie Erikson to GRANT Special Permit as presented to rebuild proposed structure within 9 feet of lot line. Some modification will be allowed as to the placement of the structure (an "as built" plan must be provided to the ZBA). 09-06 ]effrey + Theda Swanson, 17 Ephs Cartway, Map 35 Lot 55-7. The applicant seeks a Variance under MGL 40A-10 and Brewster Bylaw 179-42.1 to make a 2"d habitable dwelling out of the second floor of a barn that is currently under construction. Members hearing this case were Messrs. Harrison, MacGregor, Kearney, McLellan and Jackson. Mr. and Mrs. Swanson gave a brief explanation of their project. This is an apartment for Mrs. Swanson's mother but they do not want to be locked into this for the future. They have 4.48 acres of land; 194,000 s.f.. Five acres is 200,000 s.f . Meets the intent of the Bylaw but falls slightly short. BOARD QUESTIONS • MacGregor-is this a Variance or Special Permit? • ]ackson- Variance • McLellan- driveway- any alterations to wetlands lines?. • Harrison- funky looking lot. ZBA Minutes 03-10-09 • Kearney-financial hardship, square footage not an issue. Open to Public Input • Donna Sawchuk- as an abutter she was in favor of this application. The Swanson's are a hardworking family that provide character to the neighborhood. Motion by Paul Kearney to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0. FURTHER DISCUSSION • Harrison- odd shape and topography, In favor. • Kearney- in favor Motion made by Robert McLellan to GRANT a Variance to Jeffrey + Theda Swanson, 17 Ephs Cartway, Map 35 Lot 55-7, to make a 2"d habitable dwelling out of the second floor of a barn that is currently under construction. Second by Paul Kearney. VOTE 5-0-0. 9:00 PM Motion by Patricia Eggers to adjourn meeting. Paul Kearney seconded. VOTE: 7-0-0 Respectfully submitted, arilyn Mooers, r ZBA Minutes 03-10-09