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Home My Public Portal AboutZoning Board of Appeals -- 2010-03-09 MinutesDate approved 04-13-10 Vote 8-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes March 9, 2010 ~: w .....i ~~ a: ~~ c. ae. ~~ ~-- 1„r~ ~~ Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Arthur Stewart, Brian Harrison, Paul Kearney, Patricia Eggers, Sarah Kemp and Bruce MacGregor. Attending Audience Members: Sue Leven; Brewster Town Planner OLD BUSINESS Motion made by Patricia Eggers to ACCEPT the Minutes of February 9, 2010 as presented. Second made by Paul Kearney VOTE: 5-0-2. NEW BUSINESS 10-05 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, Bruce MacGregor, Paul Kearney and Philip Jackson. Mr. John O'Reilly and Mr. Steven Salley (architect) were present to represent the applicant Mr. O'Reilly gave a brief overview of the application. The property has 3 dwelling units as shown on plot plan. There is a tent area and a shed. The smaller cottage (directly behind the main house) is to be removed. This unit will be replaced with a barn with a dwelling unit above. The septic has been inspected by the Town of Brewster and meets all state requirements for 8 bedrooms. This is apre-existing, non-conforming application. Applicant is requesting a Special Permit to modify the property. One issue is they are within the wetlands conservancy area. Testing for this issue was done with 4 hand borings; Amostown/Plymouth soils were found here. 11 samples were taken, only two were questionable. They do NOT feel that there are questionable soils. The main dwelling was built in 1800. They do NOT need Conservation Commission approval for wetlands. Board Questions • MacGregor-are we doing this application building by building? • O'Reilly- replacement of one building and removing another where the driveway and the garage will be placed. r,~~ c•.. cr: ra.... ~.-.~ !~.:~ ,;..y ZBA Minutes 03-09-]0 • Stewart-according to the soils report; samples were taken at different depths. Do they have to meet the criteria at all test levels? • O'Reilly-they were taken at different horizons then run through sieve pans. They were tested at 60 inches, given a range by county. • Stewart-Referring to Boring 2; the first 3 are within specification; the 4th doesn't (page 3 of 24). Interpreted as 99.7 at #4 mesh within specification. Is it not considered Amostown because all 4 levels don't meet it? • O'Reilly-by standards set by Barnstable County • MacGregor-in sieve size 200/ 30-77 finer it is actually better • O'Reilly- grainier material • Stewart-if it doesn't meet parameter for Amostown, what does it take? We will have to take the experts word. • MacGregor-what 2 sheets re we talking about? • Stewart-page 10 of 24; fall outside the parameters. • O'Reilly-all units are 3 hooked into main septic system. • MacGregor-the back cottage is pre-existing so there should be no setback issues. • ]ackson-what are the total bedrooms before and after? • O'Reilly-proposed; main house is 6 and each secondary building 1; built for 8 • ]ackson-how many kitchens? • O'Reilly-all fully functioning kitchens; 3 now and 3 later. • Eggers-is the addition just the barn plus a living space? • O'Reilly-the barn will be garage and living space above. • ]ackson-will the shed be relocated or removed? • Salley-it is a playhouse; meets small shed regulations. Open to Public Input No one spoke to this issue Motion by Paul Kearney to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0 MOTION made by Paul Kearney to GRANT a Special Permit to Robert + Charlene Mastromatteo, 325 Lower Road, Map 19 Lot 4, 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. Second by Bruce MacGregor. VOTE: 5-0-0. 10-04 Debra Lipson, 2062 Main Street, Map 16 Lot 65. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-11 to operate a year round lodging house (Pepper House Inn). Hearing case: BH, AS, PE, SK, PK Members hearing this case were Messrs. Brian Harrison, Arthur Stewart, Paul Kearney, Ms Patricia Eggers and Ms. Sarah Kemp. Debra Lipson owner/applicant was present. Ms. Lipson was asked to give a brief explanation as to why she had to come to the Board of Appeals. She was here in 2003 after purchasing the Pepper House as a Bed and Breakfast. The Inn has been operating since 2003. The issue with the Building Inspector is the fact that a couple of "missed steps" have occurred. Ms. Lipson was told she must get the following approvals; 1. Selectmen's approval- re-done in January, 2010 2. Return to the ZBA for a re-issue of Special Permit 3. Then Victor Staley (Building Inspector) will do an occupancy permit inspection as required by the State ZBA Minutes 03-09-10 Building Code (in effect since 1982). Victor's step will be LAST. The Inn has had annual Health and Fire Department inspections with everything OK. Board Questions • Stewart-are you going to respond to future letters? Lipson-YES Eggers-fine with this applicant Kemp-are there to be any other changes? This is a year round inn. • Stewart-originally a seasonal inn; in, 2003 it was made year round with 4 bedrooms. • Kemp- have we heard anything from abutters? NONE Open to Public Input No one spoke to this issue Motion by Patricia Eggers to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0 MOTION made by Brian Harrison to re- GRANT a Special Permit to Debra Lipson, 2062 Main Street, Map 16 Lot 65, under MGL 40A-9 and Brewster Bylaw 179-11 to operate a year round lodging house (Pepper House Inn) with the proviso that without annual inspections from the appropriate agencies the permit becomes null and void and the owner must return to the Zoning Board of Appeals. Second by Arthur Stewart. VOTE: 5-0-0. Motion made by Patricia Eggers to adjourn meeting at 7:46 PM. Second Arthur Stewart VOTE: 6-0-0 Respectfully subm ZBA Minutes 03-09-10