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Home My Public Portal AboutZoning Board of Appeals -- 2010-02-09 MinutesDate approved 03-09-10 Vote 5-0-2 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes February 9, 2010 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Leslie Erikson, Brian Harrison, John Nixon, Paul Kearney, and Bruce MacGregor. Attending Audience Members: Sue Leven; Brewster Town Planner OLD BUSINESS Motion made by Paul Kearney to ACCEPT the Minutes of January 12, 2009 as presented. Second made by Brian Harrison VOTE: 6-0-0. NEW BUSINESS 08-25 George V. Albert, 0 Clay Hole Road, Map 45 Lot 45-i. Represented by Attorney William H. McCarthy. The applicant seeks a Variance under MGL 40A-10 and Brewster Bylaw 179-52 to build a single family dwelling on an undersized lot. Continue until May li, 2010 Motion made by Brian Harrison to continue 08-25 until May 11, 2010 as per the request of the applicants Attorney William H. McCarthy. Second by Paul Kearney 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. CONTINUANCE Members hearing this case were Messrs. Brian Harrison, Arthur Stewart, John Nixon, Leslie Erikson, and Philip Jackson. Mr. Stewart is not available tonight. No one else here tonight have heard original testimony. The case can be heard but with 4 voting members there must be a unanimous vote. Mr. John O'Reilly was present representing Mr. and Mrs. Mastromatteo Mr. O'Reilly asked if the voting members would be here in March. Two members, Nixon and Erikson, will NOT be here. Suggestion was made that the applicant withdraws without prejudice and re-file. No fees should be assigned. Mr. O'Reilly requested a Withdrawal without prejudice. Motion by Brian Harrison to withdraw without prejudice case 10-01 as requested. Second by John Nixon VOTE: 4-0-0 ZBA Minutes 02-09-10 10-02 Buckley, Robert A. and Donald G. Ziegler, as abutters to 390 and 400 Thousand Oaks, Map 42 Lots 80-95 and 80-96 in the RL and Water Quality Protection districts. The applicants seek an Appeal of the Zoning Agents decision under MGL 40A-8, to allow a Nursery business on the above property under Brewster Bylaw 179-12, Table 1, Agriculture. Mr. Jackson read the comments submitted from the Planning Board into the record. Members hearing this case were Messrs. Brian Harrison, John Nixon, Leslie Erikson, Paul Kearney and Bruce MacGregor Mr. Buckley and Mr. Ziegler gave an overview of this application. Mr. Buckley is a direct abutter at 175 Magnet Way. Mr. Ziegler is an abutter on 157 Magnet Way Mr. Buckley acknowledged that some type of agriculture is permitted. • What is going on at this property far exceeds that. • It is beyond reasonable. • There is a constant use of a bobcat (Saturday, Sunday and holidays) • There seems to be no movement of object, to this process, just back and forth • Creates excessive dirt • 60 feet from the dwelling; noise is extreme Mr. Ziegler noted; • Noise is excessive • It goes on continually • Shocked that this activity can happen in a Residential District • Concern about oil tanks and abandoned cars on the property • °stripped mined", new materials going in and out • Probably polluting the ground water within the area connected to the Pleasant Bay Watershed By filing this application they are interested in peace and quiet in the neighborhood Board Questions • Harrison-have you witnessed materials being taken off the property? • Buckley- Yes, so did David Thyng (previous Building Inspector) • Harrison-recently??? • Buckley- Bobcat loading a dump truck, not sure where it went. • Harrison- noise seems the biggest issue; DEP regulates noise. • Ziegler- spoke to the current Zoning Agent (Victor Staley) and the Brewster Noise Regulation doesn't cover this. • Harrison- DEP 310.710 has noise regulations with an enforcement agent. • Buckley-Zoning Agent and Police said if this were radio noise they would address it; this is not • Nixon-a nursery has evidence of plantings, have you witness any of this? • Buckley- more of a "holding" ground • Nixon- I witnessed irrigation pipes on the property, how long has this been there? • Buckley- for sometime. • Nixon-any more or less in the past few months since Victors letter? • Buckley-Spring and summer were horrible. From Thanksgiving through Christmas it was more reasonable. • Erikson-any evidence of anything being planted on the property? • Ziegler-NO, in 1994 a barrier was planted • Erikson- equipment seems not to be used for planting or cultivating. • Ziegler-just back and forth • Erikson-any soil preparation? ZBA Minutes 02-09-10 2 Open to Public Input • Jim Gilrein (realtor) trying to re-distribute water on the lot to be reused for irrigation. The property slopes considerably. Over 3 acres of land. This piece started as a barren piece of land. Oil tanks are from a New York heating company, with the oil removed and cut in half to be used as a platform. Mr. Wingate is not a reseller, he just moves material around. The truck on the property is not abandoned just unregistered. Spring and summer are the growing seasons-most active. • MacGregor-if brought plants in since 1992, where are they? • Wingate-have been landscaping this property since it was purchased. Built a buffer to manage the water. • MacGregor-what is the end you are aiming for? It certainly doesn't sound like a Nursery business. Wingate- not applying for a Nursery business, plan to sell the lot-actually under contract now. I will clean it up for the new owners. • Erikson-Is the movement of dirt near completion? • Gilrein-new owners could begin a Nursery. • Ziegler-we would like the activity to stop, regardless of the owners. • Kearney-Victors approach is that this is a commercial operation, not just a homeowner. • Nixon- we are charged with determining if a Nursery or not. The 2"d house is not our issue. • Ziegler-we are asking you to overturn Victor Staley's ruling; not a Nursery. Then it goes back to him for enforcement of zoning rules. • Kearney- Mr. Wingate; what is your profession? • Wingate-in New York a partnership with heating equipment, on the Cape an itinerant laborer. • Kearney- no business involved with this? • ]ackson- has the Nursery business come up? • Wingate- N0, dump truck for property. • Mrs. Buckley-Is the new owner a relative or business associate? • Gilrein-No • Buckley- Not clear how this property is being marketed. • Leven- Is the property marketed as Residential? • Gilrein- YES • Leven-still need to revisit with Victor Staley. Still in Water Resource Protection District thus regulations concerning clearing the land must be reviewed. • MacGregor- still need to know if Nursery or not. • Kearney- no reason to support his decision. Motion by John Nixon to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0 Final Discussion • Harrison- word Nursery and/or Agriculture not appropriate here. • MacGregor-haven't heard anything that anyone is attempting to do either. How can we find with Victor. We feel Victor erred in the term Nursery; not a Nursery. • Jackson- original question; nursery or landscape in RL zone? • MacGregor-never said either one. • Harrison-based upon testimony; not a Nursery. • MacGregor- not a Nursery. • Nixon-not a Nursery, should be allowed to continue? • MacGregor- grading the property must be completed at a certain point. If a Nursery they must show proof of this. • Nixon-another definition that is needed in the Bylaw. Based on what has been said tonight I feel we should grant an appeal to the zoning agent's decision. No Nursery here by testimony. Overturn Victor's statement in letter of 11-18-10. • Erikson-Not a Nursery, other issue regarding equipment and trucks. • Kearney-cannot support Victor Staley's decision. ZBA Minutes 02-09-10 MOTION made by John Nixon to Overturn the Zoning Agents decision in case 10-02 presented by abutters to 390 and 400 Thousand Oaks, Map 42 Lots 80-95 and 80-96, to allow a Nursery business on the above property under Brewster Bylaw 179-12, Table 1, Agriculture. No evidence of a Nursery business being operated on either of the two properties was presented. Second by Paul Kearney. VOTE: 5-0-0. Motion made by Brian Harrison to adjourn meeting. Second by Paul Kearney VOTE: 6-0-0 n '_' ;~ -~: ._~ z,X ~-., :x~ :xa ~.~,. ., ,~ ;~ 4 r'- .~a ZBA Minutes 02-09-10 !~;; r~~'~` . ~: