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Home My Public Portal AboutZoning Board of Appeals -- 2010-09-21 MinutesDate approved 11-09-10 Vote 9-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes September 21, 2010 Chairman Philip Jackson called the meeting to order at 7:00 PM. Members present were; Philip Jackson, Bruce MacGregor, Brian Harrison, Arthur Stewart, John Nixon, Paul Kearney, Leslie Erikson, Patricia Eggers, and Sarah Kemp. Attending Audience Members: Sue Leven; Brewster Town Planner Documents: Will be kept on file in the office of the Recording Secretary OLD BUSINESS Motion made by John Nixon to ACCEPT the Minutes of August 19, 2010 as presented. Second made by Patricia Eggers VOTE: 8-0-1 NEW BUSINESS 10-14 )oel and Susan Silver, 366 Run Hill Road, Map 36 Lot 55-6. Represented by J. O'Loughlin, Inc. The applicant seek a Special Permit under MGL 40A-9 and Brewster Bylaw 179-256 to demolish, relocate and reconstruct two pre-existing non-conforming dwellings on the lot. Members hearing this application: Bruce MacGregor, John Nixon, Leslie Erikson, Brian Harrison and Paul Kearney Mr. Joseph and Michael O'Loughlin (builder) represented the applicant. Brief overview; 2 existing cottages basically upgrade them Up to 18,000 square foot building on this lot allowable Septic moved 300 back from pond, better for environmental conditions Board Discussion MacGregor- On the smaller cottage; natural heritage and conservation approval needed, are you looking for permit on both? Michael O'Loughlin -Only on the larger dwelling. Conservation has approved the larger dwelling. The cottage was an after thought MacGregor- Are you only asking for larger building? Jackson-not the way the application reads. Michael O'Loughlin -we are asking for both; smaller cottage as on the plan but not set in stone. Conservation or house Joseph O'Loughlin- We went to Conservation on the house, applying for building permit on just the house MacGregor-smaller one is not in same footprint, they want you to back 100 feet; are you asking us to stay or move? Michael O'Loughlin -Application for two dwellings on a single lot. Jackson- we need more details ~;~_~;_-_~ -,_;,;._~`_;;, ZBA Minutes 09-21-10 Michael O'Loughlin -The owners do not want to give up their right to keep the cottage within 100 feet of Conservation are. We are still in the planning stage for the smaller cottage. We must go to Cons Com when this is started Joseph O'Loughlin- We are asking for approval for main house tonight. Nothing is changing. Formality to address both at once (must go to full filing for Conservation). Two houses on the same lot. Nixon-question; can we handle this application on two dwellings. Harrison-We can make a finding on that. Kearney-approve 2 dwellings but only approve the main dwelling, not the location yet MacGregor-is the smaller one livable? Nixon-approval to move back, no problem with larger house. Both dwellings encroach on buffer zone now. Issues are with the cottage. Michael O'Loughlin -Owners have the right to keep that cottage and stay within the same area. A neighbor was just granted the same rights by Conservation. Nixon- plan presented shows a larger building that was behind the 100 foot line; the cottage is clearly over the 100 foot line. Joseph O'Loughlin-that was only addressed Nixon-plan shows cottage for future reference Michael O'Loughlin -keep 2 dwellings on single lot, we didn't know Cons Com first for both. We had originally filed for one but were told we should put in for both. Jackson-For future reference, we always like Cons Com to hear cases before ZBA. Open to Public Input Leven-if the intent is to grant 2 dwellings with Conditions then the smaller goes back to Conservation; relocated cottage must meet setback If we grant a Special Permit they would have to demolish and rebuild within 2 years. MacGregor-It is anon-conforming situation, but they don't have to do the work; it just reverts back to the original if not done within two years. Leven-does the Special Permit legalize the two dwellings? Harrison-No, must return, to expand or relocate the second dwelling. Leven- larger house only, second dwelling back to the Board MacGregor-Permit to rebuild one house, no permit related to second (cottage) Leven- Special Permit is non conforming situation/status. Decision must be very clear Susan Silver-have not seen letters from Conservation Motion by Brian Harrison to Close to Public Input. Second by John Nixon. VOTE: 5-0-0 Further Discussion Harrison- in favor of this application with proviso/finding it does not impact any rights or approvals on the other cottage; that can be dealt with another Special Permit. Mooers-no abutters input. MacGregor -Agree Nixon-meets criteria of 256, the fact that this house is larger than the house it replaces but does not impact the neighborhood. Kearney-I agree, not to include the cottage Erikson-same Stewart-want to be clear regarding plan, Plan is the proposed addition and garage and adds up to 9 bedrooms;this does not add up. Are we approving proposed addition and proposed garage as part of this permit? Jackson-concept of 2 buildings on the same lot, not specific to second dwelling Kearney-cannot approve a proposed addition, because you don't know what it is. Stewart-are we approving 9 bedrooms on this site? ZBA Minutes 09-21-10 Leven- approving the right to alter apre-existing non-conforming condition. Ask applicant to single out correction on plan-clear cottage (east line) provided it meets what the Board approves; one piece of the plan. Harrison- already exists; 2 dwellings non-conforming on existing lot MacGregor-normally I would refer to building plans by number; no # on these building plans, more official, hard to reference. Michael O'Loughlin-we are under the assumption that we were to approve non-conforming on an existing lot. All parameters will be met with the building permit application and plans. MacGregor-9 bedrooms came from somewhere. That is septic system limits. Out of 100 foot con com Michael O'Loughlin-other departments to live within the approval parameters; not all done in one process Leven-suggest Special Permit to grant for the structure to be demolished and rebuilt; setbacks, height, etc. must come back to the board. Condition what granting and NOT granting Kearney-approve plan excluding cottage MacGregor-would not have to come back here is no building issues. Motion by Brian Harrison to GRANT a Special Permit to rebuild existing cottage closest to the eastern property line provided it meets all other Town of Brewster zoning regulations. Does not include proposed cottage on the westerly side +/- 26 feet from the property line. Applicant is to provide a final site plan and a final as built building plan Second: Paul Kearney Vote 5-0-0 Discussion JN-plans not what it is proposed PJ-once approved, we want a copy of the plans for the files Other Business 1. November Ballot Question -Article 2- NO on 2-eliminate 406 Active support, especially off cape Will try to find the wording NO MEANS YOU WOULD LIKE 406 TO STAY THE BOOKS 2. Mr. Albert-repetitive petition to Planning Board 3. DiVitto-(Blacksmiths Shop) appeal- cancelled Motion made by Patricia Eggers to adjourn meeting Second: John Nixon VOTE: 9-0-0 Respectfully submitted, Marilyn Mooers, cording Secretary ZBA Minutes 09-21-10