HomeMy Public PortalAboutZoning Board of Appeals -- 2010-06-08 MinutesDate approved 08-10-10
Vote 6-0-1
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
Tune 8, 2010
Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip
Jackson, Brian Harrison, Bruce MacGregor, Patricia Eggers, and Sarah Kemp.
Attending Audience Members: Sue Leven; Brewster Town Planner
OLD BUSINESS
Motion made by Patricia Eggers to ACCEPT the Minutes of May 11, 2010 as presented.
Second made by Brian Harrison
VOTE: 4-0-1
10-06 Richard Peterson- Variance Withdrawal
Motion by Patricia Eggers to accept the Withdrawal of this Variance
Second by Brian Harrison
Vote: 5-0-0
10-09 Kinlin Grover RE- Variance Withdrawal
Motion by Brian Harrison to accept the Withdrawal of this Variance
Second by Patricia Eggers
Vote: 5-0-0
10-1i Bayside Seafood and Market LLC, 2740 Main Street, Map 14 Lot 61-1. Represented
by Attorney Benjamin E. Zehnder. The applicant seeks an Appeal of the Zoning Agents Decision
under MGL 40A-8 and 15 regarding the need to amend the Special Permit of the Planning Board
(SP2005-07 with two modifications in 2007 and 2008) for the retail sale of beer and wine.
CONTINUANCE 10-11 Bayside Seafood and Market LLC until July 13, 2010
Motion by Brian Harrison to accept the Continuance of this application
Second by Patricia Eggers
Vote: 5-0-0
10-12 Luke Hinkle (property owner Francis Guiliano), 3038-3044 Main Street, Map 13 Lot
34-2. The applicant seeks a Variance under MGL 40A-3 and 9B and Brewster Bylaw 179-Table 1
and 2, Community Facilities, Item 12 to install a solar electric facility.
CONTINUANCE 10-12 Luke Hinkle to July 13, 2010
Motion by Patricia Eggers to accept the Continuance of this application
Second by Brian Harrison
Vote:5-0-0
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 on a property with less than 125% of the required lot area.
Members hearing this case were; Messrs. Brian Harrison, Bruce MacGregor, Philip Jackson and Ms.
Sarah Kemp and Patricia Eggers,
ZBA Minutes 06-08-10
Mr. Peterson gave a brief review of this application.
They would like to construct a garage with an apartment above for family occupancy. Mr.
Peterson's grandparents will occupy the unit.
It will be slightly less than 900 square feet
Board Discussion-
s MacGregor-Does it meet all setbacks?
• Peterson- yes
• MacGregor- Does it meet all septic standards?
• Peterson- Yes, Title V system and it has been inspected and approved.
• Jackson- under AADU rules?
• MacGregor- affordable under town rules and regulations
• Leven- income eligible or family member; if family member leaves the unit is required to rent
to income eligible, record with deed if property is sold
• Peterson- we are aware of this.
• Jackson- 179-42.1, paragraph c + e.
• Kemp-matter of right but this is a CH zone
• Leven- some reason we are not sure of; no single family home can be in CH zone, but you can
have an AADU (permitted). Because of the amount of lot area a Special Permit in needed.
• Jackson-should work on changing this inconsistency in Bylaws.
• MacGregor- if that lot had been included in zoning change would they be required to meet the
requirements?
• ]ackson- (e)- by right need 125% of 40,000 s.f. of required lot area.
• Leven- more may come before us under Special Permit; 125% by right
• MacGregor- 40,000 s.f. plus existing house
Open to Public Input
• No one spoke to this application
Motion by Patricia Eggers to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0
Further Discussion
• All Board members felt this was appropriate
Motion by Brian Harrison to GRANT the Special Permit for
above a detached garage on a property with less than 125%
advertised. Condition that this be a family occupied unit and
regulations for occupancy.
Second by Patricia Eggers
VOTE: 5-0-0
Motion made by Brian Harrison to adjourn meeting
Second by Patricia Eggers
VOTE: 5-0-0
Respectfully submitted,
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Marilyn Mooers, Irk nY
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ZBA Minutes 06-0 -10 ~-~~
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10-06 for a second dwelling unit
of the required lot area as printed and
in the future abide by AADU
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