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Home My Public Portal AboutZoning Board of Appeals -- 2010-01-12 MinutesDate approved 02-09-10 vote 6-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes ]anuary 12, 2010 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Arthur Stewart, Leslie Erikson, Brian Harrison, John Nixon and Sarah Kemp. Attending Audience Members: Sue Leven; Brewster Town Planner OLD BUSINESS • Motion made by John Nixon to ACCEPT the Minutes of December 15, 2009 as presented. Second made by Arthur Stewart. VOTE 6-0-0. 10-01 Robert + Charlene Mastromatteo, 325 Lower Road, Map 19 Lot 4. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25 B, Table 2, Note 1 and 179-6 (wetland conservancy) to replace one of the small dwelling units and construct an addition to the largest dwelling unit. Members hearing this case were Messrs. Brian Harrison, Arthur Stewart, John Nixon, Leslie Erikson, and Philip Jackson. Mr. + Mrs. Mastromatteo gave a brief overview of the project The small building to be removed, another building to be demolished and replaced and a larger addition to the old Captains house. Three buildings will remain on the property. Board Questions Part 1- addition and replacements of buildings • Stewart- almost 2 independent things; cottage to be made into a large barn with living area above and enlarge the original building (Captain's house) with wetland conservancy soil issues. Take each issue separately • Harrison-ok with that • ALL-ok with that approach • Stewart-lets take the barn apartment first- is there a driveway to the barn? This is usually on a site plan that is laid out. • Mastromatteo -a new septic system was done about 5 years ago • Stewart- nice to have been put on the plan-we will need the updated septic for file • Mastromatteo -existing driveway to the right of the property-serves all the buildings • Jackson-normally allowed 2 buildings for this size lot; 3 there now due to pre-existing situation. Application looking to enlarge 2 of these buildings • Stewart- not adding any bedrooms • Harrison-pretty self explanatory • Nixon-where exactly is the septic system? • Mastromatteo -septic was planned for potential of expansion, made for 8 bedrooms total • Nixon-need dimensions-where are the leeching fields? • Stewart-needs to go on the site plan ZBA Minutes 01-12-10 • Nixon-the way it sits, the building behind the main house is to be removed. Question concerning bylaw- when it is removed it makes it a conforming lot at that moment • Jackson- Zoning Agent thinks it is a Special Permit. • Nixon-what is precedent for removal? • Stewart-in the past, when removed; usually build on a similar footprint. This is not built on the same footprint. Large increase in size • Mastromatteo -footprint of main house to be fairly substantial • Nixon- taking one house off the situation, replaced space • Mastromatteo -middle existing cottage is being replaced by "barn", this cottage is directly behind the main house and is being removed as it is in the way of the new garage. anon-conforming thus Ok for replacement. • Nixon- main house will remain a single family home? Barn will have apartment • Mastromatteo -we will use the apartment above the barn as a place to live during construction, wetlands to the far left of the site • Harrison-179-256- with the definition of alteration, a Special Permit will come under that. • Erikson-my question has been answered Part 2 -wetlands conservancy soils issues • Stewart- will there be a foundation? • Mastromatteo -only a slab, existing main house has a ~/z basement • Stewart- do you understand the conservancy soils issue? • Mastromatteo - N0. The Zoning Agent thought this would not be an issue. • Stewart- conservancy soil cuts through the middle of this property, no samples have been taken as to exact soil type. These areas are protected in Town- prohibition of residences. We require more definition (test bores) to identify these soils, and a plan showing where they were taken. Due diligence of testing. Going up is Ok but to enlarge can be a problem. Some applications have been approved in the past but size of addition is an issue here. • Harrison- Number of dwelling units is not changing, more information is needed regarding soils, as well a site plan with septic. • Nixon-may be a possibility the BCH has taken some samples when septic was replaced. I agree we need more information. The site plan with full delineation of the driveway and the septic. • Mastromatteo -is there a list or criteria? • Jackson- Brewster Bylaw 179-6 62 • Stewart-test bores are needed to determine soil types. Even with no foundation work there will still be disturbance of the soils. Our mapping says it is Soils Conservancy area but no one knows the exact soil type without testing. • Sue Leven (Town Planner) -maps come from county soils map, John O'Reilly should know this. He could have sample checking done. A septic plan could show soil samples. Some type of soils do not support structures, this is needed for your safety. • Erikson-nothing to add Open to Public Input • No one spoke to this issue Motion by Brian Harrison to Close to Public Input, Second by John Nixon. VOTE: 5-0-0 Thoughts of Board • Jackson- suggest the applicant request a continuance to complete testing and site plan • Stewart- To remove both extra structures and add aBarn -still 2 structures on the lot- soils issue still a problem. • Mastromatteo -not in plans • Jackson- improvement of site plan • Mastromatteo -soils may not be an issue ZBA Minutes 01-12-10 2 Applicant agreed to a continuance and Motion made by Brian Harrison to Continue until Feb. 9, 2010. Second by John Nixon. VOTE 5-0-0. 10-03 Sarah Sulsky, 410 Crowell's Bog Road, Map 41 Lot 5-6. The applicant seeks a Dimensional Variance under MGL 40A-10 and Brewster Bylaw 179-25 A and/or B to construct a one car garage with living space (no kitchen) above Members hearing this case were Brian Harrison, John Nixon, Leslie Erikson, Sarah Kemp, and Philip Jackson. Sarah Sulsky gave brief overview of her application. Her lot has a lot of wetlands. She built a 3 bedroom without a garage. After a few winters has decided she needs a garage, with an additional living space for her mother. Her mother does not drive. No kitchen will be needed. Walking outside can be dangerous. Due to a lot of unusual topography the only place to put this garage is in the existing driveway. It would be a hardship because there is so little area to build on the property which is largely covered with wetlands. Another placement would require trees to be removed. The garage will be 45' from the travel part of the road. Board Questions • Harrison- what is the required setback? • Sulsky - 40' from edge, not 26' • Harrison- looking fora 14' relief • Nixon- I was out to visit the lot; this is the only place for it • Erikson-clarification- does the road travel along the lot line? • Kemp-concern of building an "apartment" for an aged parent. • Harrison-this is to be considered an extension. The building department will handle the issues such as access, etc. Open to Public Input • No one spoke to this issue Motion made by Brian Harrison to Close to Public Input. Second by Leslie Erikson. VOTE 5---0-0 Thoughts of the Board • Harrison- comfort level OK to issue this Variance • 7ackson- addressed all issues • Nixon- no other place to but this addition, the garage will blend in with the rest of the area • Erikson-in favor of this Variance, comments from neighbors are favorable • Kemp-agree Motion made by Leslie Erikson to GRANT a Dimensional Variance under MGL 40A-10 and Brewster Bylaw 179-52 A and/or B to construct a one car garage with living space (no kitchen) above Second by Sarah Kemp. VOTE: 5-0-0 OTHER BUSINESS Sue Leven- Bylaw update possibly within a month ZBA Minutes O 1-12-10 Planning Board Zoning Bylaw changes-presented ZBA with a list of possible Bylaw changes to be discussed in the future. Motion made by Brian Harrison to adjourn meeting. Seconded John Nixon VOTE: 6-0-0 RespectFully submitted, ~-Q'~C/~'=~~ arilyn Mooers, ~I rk ~~a ~, °-n ~~; r~n -• ~ m x' ~ ~~. -i ~~} p-s. ~E ~ Fy ' ZBA Minutes 01-12-10 ~ ~ 4