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Home My Public Portal AboutZoning Board of Appeals -- 2010-12-14 Minutes ,:�. Date approved February 8, 2011 Vote 5-0-3 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes December 14, 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, and Patricia Eggers, Attending Audience Members: Susan Leven Brewster Town Planner OLD BUSINESS Minutes Motion made by Arthur Stewart to ACCEPT the Minutes of November 9, 2010 as presented. Second made by Paul Kearney VOTE: 6-0-0 NEW BUSINESS 10-22 Francis Guiliano, 3038 + 3044 Main Street, Map 13 Lot 34-2, in the R-M zoning district. Represented by Legare W. Guyler (Design/Build).The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-20 to place a 72"x 40.5"sign for a garden center/farm stand on Route 6A. Members hearing this application: Arthur Stewart, John Nixon, Patricia Eggers, Paul Kearney and Philip Jackson. Mr. Guyler gave a brief description of this application. The mock up sign of the site is exactly the size proposed. Asking for this size due to the following concerns; amount of traffic, speed of the traffic and the rise on the west produces a lack of anticipation of the stop. Most signs within the area are of the same size and nature. We have created a berm to isolate parking from 6A thus the building is less visible making the sign more significant. We are constrained by the "scenic road act" and the "shade tree act". The trees are bare now but visibility is obstructed as they fill in. We are using Cape Rep, Aires East and Nickerson State Park as visual comparisons. Table 1-Use regulations- year round greenhouse NOT permitted exempt from zoning by the state Agricultural exception. Board Questions Nixon- condition 1 under your narrative; "tree problem", soil conditions/shape or topography. Trees or lack of trees doesn't affect soil conditions. Guyler-We do not have control over pruning or cutting for 15' off the pavement, a smaller sign is obscured. Soil conditions are not an argument. Nixon-6A is full of curves and dips. This is kind of a stretch to this district. Guyler- I agree, it presents a concern. Nickerson State Park signs are prior to the turn, enough time to prepare for turn. Nixon-this is near the intersection of Millstone, which slows down. Kearney-mockup location? Guyler- exact spot. ZBA Minutes 12-14-10 1 Kearney- there is a lot of property to place the sign. Guyler- this higher elevation gave it the best view from both directions. Jackson- the 2 signs referenced are state properties; the town has no control. Brewster Farms is a Village Business district and non-conforming pre-existing. No control over these 3 signs. Guyler- point to be -reasonable compatibility. Stewart- is the greenhouse growing from seed or brought in? Guyler- not propagating plant materials, not from seed. Arriving, nurtured, grown over the season. Greenhouses are retail as opposed to agricultural. Stewart- The sign fits an industrial zone. Higher than allowed in a commercial zone. I suggest you move more realistically in between. Nixon- It was hand lettered at one point. Guyler- Painted over as people began to think it was open, just blank now. No intent to go for the max, appropriate to scale of the operation. Fruit is grown on site; apples, peaches blueberries and raspberries-they don't involve the greenhouse. Stewart- focus on drive-by traffic? Good percentage of the customers will plan to go there. Drive-by will be minimal. Guyler- legitimate comment, from a safety point. Customers will prepare ahead of time. Stewart- It is a heavy traffic area, especially in the summer. Guyler- one greenhouse is a 4 season, certainly through Christmas. Open to Public Input No one spoke to this issue Motion by Paul Kearney to Close to Public Input. Second by Arthur Stewart. VOTE: 5-0-0 Further Discussion Leven- There are comments presented from the Planning Board Jackson-majority of the Planning Board seem against the sign size. Guyler- property is in Residential district. Jackson- That is the whole matter; with agricultural exemption you have a right to put up the greenhouses but no detail as to what else is allowed. Leven- use subject to "reasonable regulation" Stewart- what is unreasonable? Leven- if the issue is an agricultural exemption, there must be case law for these type of projects. Jackson- if 3.1, it requires the applicant to prove this is not unreasonable, then bring it back to the Board to prove the case. Leven- The applicant needs to prove this case; does the agricultural exemption entitle them to a sign and of what size? Jackson- you should know that. Guyler- does the Board have any authority to make an exemption to 4 s.f.? Jackson- YES, but perhaps you don't need a Variance if agricultural exemption includes sign as well as business. We don't know that. The applicant should research that. We abide by the regulation from RM zone. Guyler- 2 x 2 (4 s.f.) allowed in RM, 8 sf in commercial and 20 sf in industrial. Could we agree that 4 sf is not adequate for the scale of the operation. Jackson- if kept at 4 sf, no Variance needed. Variance criteria very specific, can't lightly ignore. Guyler- soil conditions? Jackson- unique to that particular area, Stewart- agricultural exemption includes residential district. Local code defined as "reasonable or unreasonable" to that application. Is a 4 sf sign unreasonable on a state highway? Perhaps something in between. Kearney- we are limited by what we can do. What was presented to us, cannot deviate from the Zoning Bylaw. Nixon- in relation to other businesses not agricultural; Ocean Edge-reasonable, Cape Farms- reasonable, 2 antiques -small, Gallery-4 sf. And Brewster Historical-4 sf. Jackson- overruled by Zoning Agent, Variances are difficult to obtain. ZBA Minutes 12-14-10 2 Leven- letter from Victor Staley noted need of a Variance, not appealing his decision. If the applicant wants to approach through case law, agricultural exemption to cover sign, they don't have to be here. As an option, consult State Agricultural Commission. Jackson- I think you have a few choices; 1. continue or 2. go for a vote and appeal probable loss to the state to rule. Leven- a lot easier to do 1. Guyler- under a deadline, we had an extensive consultation with Mr. Staley. Jackson- my sense is a Variance will not be granted. Case law may be applicable. Guyler- every instance we have avoided pursuing the agricultural status. Leven- it only applies to zoning. Jackson-the Board is bound by requirements if zoning. Guyler-4 sf is unreasonable to my client, I am requesting CONTINUANCE in the name of my client. Motion by Arthur Stewart to grant a Continuance of 10-22 until January 11, 2011. Second: Patricia Eggers Vote 5-0-0 OTHER BUSINESS Next Meeting: Tuesday, January 11, 2011 at 7:00 PM Motion made by Patricia Eggers to adjourn Second: John Nixon VOTE: 5-0-0 Respectfully submitted, I L Ijr 4■4 ari yn Mooers, R-, ording Secretary ZBA Minutes 12-14-10 3