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Home My Public Portal AboutZoning Board of Appeals -- 2010-08-10 MinutesDate approved 09-21-10 Vote 8-0-1 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes August 10, 2010 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Bruce MacGregor, Arthur Stewart, John Nixon, Paul Kearney, Patricia Eggers, and Sarah Kemp. Attending Audience Members: Sue Leven; Brewster Town Planner OLD BUSINESS Motion made by Sarah Kemp to ACCEPT the Minutes of June 8, 2010 as presented. Second made by Bruce MacGregor VOTE: 6-0-1 10-1i Bayside Seafood and Market LLC, 2740 Main Street, Map 14 Lot 61-i. 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. WITHDRAWAL REQUESTED Motion by Arthur Stewart to accept the Withdrawal w/o prejudice of this application Second by Patricia Eggers Vote: 7-0-0 10-13 Donna M. Potter, 171 Winslow Landing Way, Map 7 Lots 89+ 86. The applicant seeks a Variance under MGL 40A- section 10 and Brewster Bylaw 179- Table 2 to construct a garage with handicapped access. WITHDRAWAL REQUESTED Motion by Arthur Stewart to accept the Withdrawal w/o prejudice of this application Second by Patricia Eggers Vote: 7-0-0 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. WITHDRAWAL REQUESTED Motion by Arthur Stewart to accept the Withdrawal w/o prejudice of this application Second by Patricia Eggers Vote: 7-0-0 CONTINUED BUSINESS 08-25 George V. Albert, 0 Clay Hole Road, Map 45 Lot 45-1. 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. CONTINUANCE Z$A Minutes 08-10-10 Members hearing this application: Jackson, MacGregor, Stewart, Nixon and Kearney. Mr. Albert nor his representative were present Board Discussion The lot is in part of two towns (Brewster and Orleans). Mr. Albert was under the assumption that they were separate in both towns. He originally planned to give the Orleans portion to Wentworth Institute, his alma mater, and build on the Brewster portion. This was not so, the Brewster lot was too small to build on. Mr. Albert attempted unsuccessfully to buy a part of the ~~Nickerson" lot from the Town. The Board felt that no new information had been presented, thus this should be dealt with as presented. No additional continuance had been requested from either Mr. Albert or his legal representative, Mr. William McCarthy. Open to Public Input No one spoke to this application Motion by Arthur Stewart to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0 Motion made by Arthur Stewart to DENY the Variance application 08-25 George V. Albert, 0 Clay Hole Road, Map 45 Lot 45-1. Represented by Attorney William H. McCarthy, as it did not meet the requirements of a Variance. Second: Bruce MacGregor. VOTE: 5-0-0 Other Business 1. Zoning Bylaw Changes- DISCUSSION Sue Leven present a copy of 7 (seven) possible Bylaw changes that may be presented at the Fall Town Meeting. They are to be discussed with the Planning Board on August 11, 2010. They are mostly ~~housekeeping" in nature. 2. ZBA 2010-11 Reorganization Motion by John Nixon to approve Phillip Jackson as Chairman of the Zoning Board of Appeals and Arthur Stewart as Vice-Chair for the 2010-11 fiscal year. Second: Paul Kearney VOTE: 7-0-0 Motion made by Paul Kearney to adjourn meeting Second: John Nixon VOTE: 7-0-0 Respectfully submitted, vMarilyn Mooers, ecording S~eretary ;:=; ~:.r:~ rn rTl fi~ °1~7 r....:. ~:.,_.~ ,._.~.. ~ ;.~ ZBA Minutes 08-10-10 ~'~" ~::::~ ~-r~ xi F._:.. •. ~~.