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Home My Public Portal AboutZoning Board of Appeals -- 2009-12-15 MinutesDate approved 01-12-09 Vote 6-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes December 15, 2009 Chairman Philip Jackson called the meeting to order at 7:00 PM, Members present were; Philip Jackson, Arthur Stewart, Paul Kearney, Bruce MacGregor, Leslie Erikson, John Nixon and Sarah Kemp. Attending Audience Members: Sue Leven; Brewster Town Planner OLD BUSINESS • Motion made by Paul Kearney to ACCEPT the Minutes of November 10, 2009 as presented. Second made by Arthur Stewart. VOTE 6-0-0. 09-18 Changting Zou, 2655 Main Street #16 (Oki Sushi), Map 15 Lot 107. The applicant is requesting an amendment to Special Permit 08-28 under MGL 40A-9 and Brewster Bylaw 179-11. Table 1 (Retail and Service), Section 3.1 Restaurant, Limited Service, Fast-Food Restaurants to allow for restaurant patrons to eat on the premise. Members hearing this case were Messrs. Arthur Stewart, Bruce MacGregor, Paul Kearney, Leslie Erikson, and Phillip Jackson A brief update was given by Mr. Zou explaining his rational for this application. Customers have requested a seating area. Now in winter very difficult to ask people to eat outside. Board Questions • Stewart-2008 was permitted for seating with handicap restroom. This was not completed due to cost thus no seating was requested. • Zou-customers hang around waiting. They need to sit to wait for take-out. BOH approved up to 20 seats for septic • 7ackson- if approved you may have to put in handicapped bathroom • Zou-need seating for larger customer base • MacGregor-where does'~handicapped bathroom" get picked up? • 7ackson-Building commissioners area of expertise • Stewart-Zoning Agent gives him one year to complete • MacGregor-who required this last time? • 7ackson- Victor Staley • Stewart-no problem with a Special Permit if they meet all Building regulations • 7ackson- the previous business had to have bathroom-from Zoning Agent • MacGregor-what triggers this? • Leven-a point in the building code requires a handicap bathroom • MacGregor- when does it go before building dept • Stewart- Special Permit is to be modified by us and change of use from the Building Commissioner • Leven-plus a copy of previous ZBA decision, is this understood? • MacGregor-I am not comfortable- that this is understood correctly • Zou- been to BOH, need approval here, with floor plan. Yes, we understand the bathroom changes • Kearney- concerned with the amount of understanding ZBA Minutes 12-15-09 Open to Public Input Meredith Baier- direct abutter- a lot of history, prior business changed to take-out. Make sure all on same page. Owner of property is Martin Realty Trust. Good neighbor. In past, outstanding issues with that property. There is an Appeal in Land Court for Brewster Pizza at this point. The Zoning issue is within Village Business; must issue a Special Permit. Does Special Permit hold up in Row Commercial? Additional seats trigger parking, traffic, and safety issues. Ms. Baier would like to address the unpermitted use of the cooler in back. She would like to request a Continuance until the Land Court decision has been decided. • Leven-outstanding appeal is through the Planning Board not related to this application. This has been a restaurant all along. I must check the Bylaw. I don't believe these are related. • Stewart- by our definition, this fits fast food, limited service, paragraph 2. Clearly fits. Motion by Arthur Stewart to Close to Public Input, Second by Paul Kearney. VOTE: 5-0-0 Further Thoughts • Stewart- the abutter concerns with cooler should be decided through Victor Staley. I don't seeing why not to go back to 8 seats. In favor of no greater than 8 seats. • 7ackson- BOH has approved up to 20 with the size of septic system. • Kearney- in favor of 8 SEATS and other code requirements to be met. Things must be done in a reasonable amount of time. Victor Staley has a better sense of time requirements. • Erikson- agree with the comments • MacGregor- agree, so many seats for size • ,7ackson-agree with Board Motion made by Arthur Stewart to GRANT Special Permit (modify SP 08-28) to allow for restaurant patrons to eat on the premise, with no more than 8 seats. Condition all other requirements be met through BOH and Building Department Second Paul Kearney. VOTE: 5-0-0 • Leven-will explain the Appeal process and time frames to the applicant. 09-19 Thomas Schmidt, 18 The Channel, Map 17 Lot 12. The applicant seeks a Variance under MGL 40A-9 and Brewster Bylaw 179-37 to re-establish a dental practice within the parameters of a Home Occupation. • 7ackson- with the change in the town Bylaw; came to conclusion under "clinic" is a Special Permit not a Variance. This would remove this from Home Occupation category. There may be more hoops to go through (DPRC) but better in the long term. Suggest applicant Continue and then pursue Special Permit through the Planning Board. Motion by Arthur Stewart for Continuance until March 9, 2010. Second by Paul Kearney. VOTE: 6-0-0 john Nixon arrived Discussion of Home Occupation Bylaw Concept of clinic Definitions have to be defined with in the Bylaw. Board asked Sue Leven to check into matching all definitions with terms in Bylaws. ZBA Minutes 12-15-09 09-20 Peter + Diane Place, 189 Ellis Landing Road, Map 7 Lot 17-2. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25, Paragraph B to add addition/alteration to apre-existing non-conforming structure involving reconstruction and second floor expansion of an existing bedroom within the current footprint Members hearing this case were Messrs. Bruce MacGregor, John Nixon, Paul Kearney, Leslie Erikson, and Sarah Kemp. A brief update was given by Thomas Moore explaining his rational for this application. Seeking a Special Permit to expand the structure within the same footprint. It is a split level home. First floor is to add utility space. Number of bedrooms will remain the same. Board Questions • Nixon-porch area in back- remain or coming down? • Moore- the deck will remain • Kearney- in Conservancy soils area or not? • Jackson- Conservancy soils not an issue here • MacGregor- not an issue if on same footprint • Kemp- it is located within the Conservancy district • Jackson- septic will be the same • Leven- that explains why staying within existing footprint • Kearney- will disturb the soil? • Nixon- only with new construction • MacGregor- is the septic system on this lot? • Moore- shows it on the lot • Kemp- not on our copy • Moore- on opposite side of house • Kemp- demolish and rebuild on existing footprint does not make a new structure • Jackson- intensify not expanded • Kemp- have you heard from abutters? • Moore- heard from the neighbor on the north side, closer to the bay, which is the side of the house that the construction is going to be on, and that abutter did not have a problem with the addition to the house. • Nixon- I checked it-doesn't block view • Kemp- are there any issues with height restrictions? • Moore-no • Erikson- any info on septic • Moore- designed for 3 bedroom Open to Public Input • No one spoke to this application Motion by John Nixon to close to Public Input. Second by Sarah Kemp. VOTE: 5-0-0 Final Thoughts • MacGregor-meets requirements, same bedroom count • Nixon- non conformity- acceptable • Kearney- no issues • Kemp-ok • Erikson- Ok Motion by John Nixon to Grant a Special Permit to add addition/alteration to apre-existing non-conforming structure involving reconstruction and second floor expansion of an existing bedroom within the current footprint ZBA Minutes 12-15-09 to 189 Ellis Landing Road, Map 7 Lot 17-2 as proposed by plan submitted by Thomas A. Moore Design Co.. Plan dated 10-30-09, Project Number 29-238, Drawings No. A-1, A-2, Ex-1 and Ex-2. Second by Sarah Kemp. VOTE: 5-0-0 Motion to adjourn by Paul Kearney Second by Arthur Stewart VOTE: 7-0-0 Respectfully submitted, ., ~; .. ZBA Minutes 12-15-09