HomeMy Public PortalAboutZoning Board of Appeals -- 2011-02-08 Minutes Date approved 03-08-11
Vote 8-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
February 8, 2011
Vice Chair Arthur Stewart called the meeting to order at 7:00 pm. Members present were; Bruce MacGregor,
Arthur Stewart, John Nixon, Paul Kearney, Brian Harrison, Leslie Erikson and Sarah Kemp.
Attending Audience Members: Susan Leven Brewster Town Planner and Robert McLellan.
OLD BUSINESS
Minutes
Motion made by John Nixon to ACCEPT the Minutes of December 14, 2010 as presented.
Second made by Paul Kearney
VOTE: 5-0-3
NEW BUSINESS
11-01 Richard + Hope Cleary, 130 Gulls Way, Map 13 Lot 55 within the RL zoning district. . The
applicant seeks a Variance under MGL 40A-9 and Brewster Bylaw 179-26 (d) to divide a parcel into two
separate lots, both without frontage, and allow construction of a single family home on the northernmost lot.
Request to WITHDRAW w/o prejudice.
Motion by Brian Harrison to WITHDRAW w/o prejudice application 11-01.
Second: Paul Kearney
Vote 8-0-0
10-22 Francis Guiliano, (represented by Legare W. Guyler (Design/Build), 3038 + 3044 Main
Street, Map 13 Lot 34-2 within the R-M zoning district.
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. request a CONTINUANCE until March 8, 2011.
Motion by Paul Kearney to CONTINUE 10-22 until March 8, 2011.
Second: Leslie Erikson
Vote 8-0-0
11-02 Dennis + Janet Davis, (represented by Denis J. Colbath), 3677 Main Street, Map 11 Lot 25-
106 within the RM zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster
Bylaw 179-25-B to extend/alter ( 16'x 10' living space) a pre-existing non-conforming structure.
Members hearing this application: Bruce MacGregor, Brian Harrison, John Nixon, Paul Kearney and
Sarah Kemp.
Mr. Colbath gave a brief overview; requests Special Permit to enlarge the current 14 x 16 cottage
to 24 x 16. Extension to be toward the rear property line. It will remain a one-bedroom cottage.
Conservation approval has just begun. No problem with the Board of Health. New Title V for the
property.
Board Questions
Nixon- Any HDC questions? - -
Kearney- Does the owner live there year round? -- -
ZBA Minutes 02-08-11 1 ... _.._ _.. . :=...
Colbath- summers and summer rentals.
Kemp- Please clarify the Conservation area (wetlands)
Colbath- currently within the 100' line
Stewart- the applicant has to go to Conservation
Leven- Conservation has jurisdiction between the 50' and 100' buffer.
Kemp- One septic services all?
Colbath- 2 tanks and 1 leach field service the entire group. New water service has been put in.
Harrison- in general we should be last in line. If we approve this with a condition, Conservation
may change it. If we approve this are we going to let all expand.
Stewart- Septic is approved for 9 bedrooms and they have 9 now.
Colbath- I wouldn't be surprised if others do the same or similar.
MacGregor- These are not currently engineered plans, not to scale
Open to Public Input
Jane Remy-I own the property to the east. People are using my land as access to the bike trail. I
am requesting a green screening fence to stop them coming through my property as a possible
condition.
Leven- a fence cannot be connected to the application. Not the Boards prevue to resolve issues
between neighbors, this in a civil action.
Remy-perhaps visual screen as the property is used more.
Leven- if prior Special Permit with screening, not a single unit.
Stewart- possible screening for the whole development: in the past we have conditioned screening
(example: Allard on 6A).
MacGregor- Like to see accurate plans
Harrison- this is all one lot, owned by all. We don't recognize the Condo association.
Kemp- In the Master Deed page 6 F- restricts expansion
Stewart- we don't get involved with associations, they could change at any time. We should have
an updated site plan.
Motion by Paul Kearney to Close to Public Input. Second by John Nixon. VOTE: 5-0-0
Further Discussion
Harrison- I would like to see updated plan, with accurate s.f. Maybe the applicant should be the
condo as a whole not an individual unit.
MacGregor-it would be helpful if plans were enlarged (Coastal Engineering, dated 2007)
Colbath- Victor told us to start with ZBA, I was told to go to Cons. Corn by your office.
Stewart- Does the Association have the plans?
Colbath- documents from the homeowner, but I will check further
Nixon- cottage colonies are part of the past of Brewster. This is a 60% increase. If we approve
this then the others will come for approval.
Kearney-one cottage not much but all the others will be extensive.
Kemp- Looking for more information
MacGregor-I would like to see what is really there.
Harrison- pretty diminimous, but look at the whole picture, limit to reasonable scope.
Kearney- Condo rules attempt to do that.
Harrison- can't expand beyond x number of s.f. for each unit.
Colbath- I am happy to supply that.
Stewart- Your choice to have us vote or ask for a continuance. Need a discussion with the
Association as a whole
Leven- I will ask Town Counsel how to deal with Condo associations.
Nixon-I think we should require Cons Corn first before coming to us, then HDC and finally ZB
Motion by Brian Harrison to grant a Continuance of 11-02 until April 12, 2011.
Second: Paul Kearney
Vote 5-0-0
ZBA Minutes 02-08-11 2
11-03 Chris Coburn (represented by Jamie McGrath), 37 Graham Road, Map 3 Lot 89-0 within the
RM zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 25-B to
increase an existing pre-existing non-conforming shed from 8'x 10'to 10'x 12'.
Motion by Brian Harrison to grant a Continuance of 11-03 until March 8, 2011.
Second: Paul Kearney
Vote 8-0-0
DISCUSSION
Procedure we should adopt; Do NOT VOTE on any application until everything done
Board of Health
Conservation
Zoning Board of Appeals
HDC
Next Meeting: Tuesday, March 8, 2011 at 7:00 PM
Motion made by Brian Harrison to adjourn
Second: Paul Kearney
VOTE: 8-0-0
Respectfully submitted,
/// 4f 11015
i n Mooers, .cording Secretary
ZBA Minutes 02-08-11 3