The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2010-04-13 Minutes~R ~_~w~ ~J.'.~ r,",] .r.: :~ v-.., F- Date approved May 11, 2010 ~' Vote 8-0-0 ~-:~ ~;~,, -_~ cr_• ». n:~ TOWN OF BREWSTER 20NING BOARD OF APPEALS Meeting Minutes April 13, 2010 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Arthur Stewart, Brian Harrison, Paul Kearney, John Nixon, Patricia Eggers, Sarah Kemp and Bruce MacGregor. Attending Audience Members: Sue Leven; Brewster Town Planner OLD BUSINESS Motion made by Sarah Kemp to ACCEPT the Minutes of March 9, 2010 as presented. Second made by Paul Kearney VOTE: 8-0-0 NEW BUSINESS 10-06 Richard F. Peterson, 30 Tower Hill Circle, Map 26 Lot 1066. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-42.1-C(c) and (e) for a second dwelling unit above a detached garage. • Letter from Zoning Agent, Victor Staley dated 4-13-10 was read into minutes by Chair Leven-regarding map change: Yankee Drive, some lots still CH, original letter mislabeled as RM )ackson- Victor spoke to applicant this afternoon as to recourse. Leven- recommends a Withdrawal and re apply, Board can waive fee. )ackson-cannot act on this application as a Special Permit Peterson- requests a Withdrawal w/o prejudice at this time. Motion by Arthur Stewart to Withdraw application 10-06 w/o prejudice Second by Patricia Eggers . VOTE: 8-0-0 Applicant will re-apply as a Variance 10-07 Melanie .l. O'Keefe on behalf of Isaiah Clark House LLC, 1187 Main Street, Map 23 Lot 6-2. The applicant seeks a Special Permit under MGL 40A-9 and Brewster ZBA Minutes 04-13-10 Bylaw 179-11 to operate a seven bedroom bed and breakfast, with a separate manager's quarters. Members hearing this case were Messrs. Brian Harrison, Bruce MacGregor, Paul Kearney, Patricia Eggers, and Sarah Kemp Melanie O'Keefe, Attorney representing new owner Elizabeth Elbert Board Questions • MacGregor- will owner live at the premise? • O'Keefe- owner will reside in the Inn • Harrison-pretty straight forward Open to Public Input No comments Motion by Brian Harrison to Close to Public Input. Second by Patricia Eggers VOTE: 5-0-0 Board Discussion- Grant with same restrictions as previous permit Motion by Paul Kearney to Grant Special Permit to operate a seven bedroom bed and breakfast, with a separate manager's quarters. Second by Patricia Eggers Vote: 5-0-0 10-08 Jason Reeves, 635 Stony Brook Road, Map 22 Lot 73-2. The applicant seeks a Use Variance and/or a Special Permit under MGL 40A-9 or10 and Brewster Bylaw 179- 37 (A, B and C) to operate a landscape business within the RM district. Members hearing this case were Messrs. Brian Harrison, Bruce MacGregor, Arthur Stewart, John Nixon, and Phillip Jackson. Overview was given by Jason Reeves; Several trucks kept on the property with 3 employees The Reeves moved to property about a year ago Load vehicles in the morning/return at night Operate 8 months out of the year Plows stays at employee residences The Reeves want to be good neighbors No work done at the property Renting an offsite bay or shop would be about $1000.00 a month Board Questions • Nixon-equipment noted on site-trailer, small dump truck and 3 other vehicles ZBA Minutes 04-13-10 2 • Reeves-just what is being moved to other locations • Nixon- noted about 7 pieces of equipment, could not be seen from the road • Reeves-no services from the property, no customers to the house • Nixon-what was is it previously • Reeve- a farm and horses • Nixon- were you aware of the district at the time of purchase? • Reeves-mower kept in barn, previously subdivided Open to Public Input Pro • Sandy Stewart-hardly know they are there, in favor • Ellis Baker-beautiful job with property, no impact on neighborhood, no business activity on property, good neighbors • John Stewart-no noise or impact to neighborhood, impact nothing but positive • Sandy Stewart-young and starting up a business, trying to make a living. Need to remember regarding making a living • Ellis Baker- noise happening all around. Legality isn't what is happening there. This is a small business. He lives there and keeps his stuff there. Not out of the ordinary Con • Michelle First-against this Variance in Residential zone, more traffic. Zoning change will be forever. How do you police this? • Patricia Boris- rear abutter. Will effect property values within the neighborhood. Change the character of area and can be seen from my deck. • Gary Baroncroft-do not want this in the neighborhood. Should consider and discuss materials such as fertilizer. • Steve Jones representing Peggy Farber- RM zone clearly detrimental to neighborhood, prior use non-conforming or illegal. Clearly increased traffic. Scenic road. Knew he wanted to operate this business when he purchased the property.. Does not meet Variance criteria. • Dana Condit- neighbors and town should get involved if business run from here. We hear leaf blowers, back up noises. Not your typical home landscaping. Equipment is coming and going all day. • Pat Nelson-directly across the street, owned about a year. Stony Brook zoned Residential. We hear noise across the road. Victor Staley had issued a cease and desist in January. Chain saw, chipper running at times. Does not meet criteria at any level. Not in favor. • Peggy Farber- Mr. Jones is here representing me. Discuss zoning in a RM zone. What is allowed? Hope the Board holds to the law, Does not meet the criteria. Strictly a zoning issue. This is a RM district. Zoning for purpose. Fuel, petroleum may a problem. • Leven-obviously it is easier to keep equipment at home, but there is importance of weighing what is in back yard, this crosses the line. What neighbors have heard could be anywhere. Landscaping business is noted. Is it a Special Permit or a Variance? Specific criteria must be met for the Variance. Do you store bulk fuel? How many pieces of gas driven equipment is stored on site? • Reeves-2 mowers, 8 cans, no gasoline, blowers, chain saws. No excessive fuel. ZBA Minutes 04-13-10 3 Motion by Arthur Stewart to Close to Public Input. Second by Brian Harrison VOTE: 5-0-0 Further Board Discussion 7ackson-Is this a Variance or Special Permit? Stewart-clearly a Variance,a use Variance. MacGregor-agree about the criteria not met Harrison-use not allowed, doesn't meet criteria Nixon- comes under Variance and doesn't meet criteria Motion by John Nixon to treat this application as a Variance (not Special Permit) Second by Arthur Stewart Vote: 5-0-0 Nixon-does not fall under Home Occupation. Not allowed in RM zone. 4 criteria have to be met, especially #1 Stewart-use Variance; based on same criteria with hardship. This property is a residential property. Don't see this being granted. MacGregor- do not meet criteria, must follow the rules Harrison- feel the same way, not bad for the neighborhood but does not meet criteria Jackson-read the criteria of a Variance; explained Variance and use Variance MOTION made by John Nixon to DENY the Variance 10-08 of Jason Reeves, 635 Stony Brook Road, Map 22 Lot 73-2 to operate a landscape business within the RM district, in view of the testimony given and review of the criteria of a Variance. Second by Bruce MacGregor VOTE: 5-0-0 Motion made by Paul Kearney to adjourn meeting Second by Arthur Stewart VOTE: 8-0-0 Respectfully submitted, yn Mooers~/~lerk ZBA Minutes 04-13-10