HomeMy Public PortalAboutZoning Board of Appeals -- 2011-03-08 Minutes Date approved April 12, 2011
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TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
March 8, 2011
Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip
Jackson, Bruce MacGregor, Arthur Stewart, Brian Harrison, Sarah Kemp, Leslie Erikson, Paul
Kearney, and Patricia Eggers,
Member missing: John Nixon
Attending Audience Members: Susan Leven Brewster Town Planner and Robert McLellan.
Minutes
Motion made by Arthur Stewart to ACCEPT the Minutes of February 8, 2011 as presented.
Second made by Sarah Kemp
VOTE: 8-0-0
Agenda
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'.
Members hearing this application: Bruce MacGregor, Brian Harrison, Arthur Stewart, Paul Kearney
and Leslie Erikson.
Jamie McGrath, representing the owners, gave a brief overview of this application.
Requesting relief from side and rear setbacks for shed.
Home has a cape cod basement and needs this shed for basic storage
Patio connects two homes.
2 foot relief for back setback, and 5' relief for side setback.
Backs up to shed on adjacent property.
Board Questions
MacGregor- does the shed back up to the neighbors?
McGrath- YES
MacGregor- good place for the shed.
McGrath- Brewster Park has small lots, 3-4 feet off the stonewall, fits nicely in spot. We will keep
the patio.
Harrison- this is pretty clear.
Stewart-the other property owned by a family member.
McGrath-right of way on paper only. The other shed is on lot #88.
Erikson- can you orient the shed and patio on the map?
McGrath- patio is flagstone
Open to Public Input
NO comments
Motion by Brian Harrison to Close to Public Input. Second by Leslie Erikson. VOTE: 5-0-0
Further Discussion
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Erikson- Least amount of change but not difficult to conform
Kearney- no problem
Stewart- I would prefer conformity; but I am OK with this, it is a tight neighborhood.
Harrison- OK with this application
MacGregor-backs up to another shed, 50' wide lot, no place to go, no space in between. I will
support this application.
Jackson- intensify not increase nonconformity/Goldhirsh. No abutter comments
Motion by Bruce MacGregor to GRANT a Special Permit as written and advertised to locate a 10 x
10 shed according to plans submitted.
Second by Brian Harrison.
VOTE: 5-0-0
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. CONTINUED from December 14, 2010.
Request of applicant for a CONTINUANCE until April 12, 2011
Motion by Arthur Stewart to Continue #10-22 until April 12, 2011.
Second by Paul Kearney
VOTE: 8-0-0
11-04 Elizabeth Stevenson (represented by Aline Architecture), 81 Seaway Road, Map 15 Lot 138,
within the RM zoning district. Applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25
B, to expand finished living space within footprint of existing covered breezeway.
Members hearing this application: Bruce MacGregor, Brian Harrison, Patricia Eggers, Sarah Kemp
and Philip Jackson.
Ms. Joy Cumming from Aline Architecture represented Ms. Stevenson.
Ms. Cummings gave a brief overview.
An in-law apartment Special Permit had been granted in the past.
They would like to add a new entry way/ mudroom through the existing breezeway. Keeping the
elevation level to the main house. This represents and intensification but does not increase the
non-conformity. Larger volume on the right where the breezeway connects 2 parts of the house.
Board Questions
MacGregor- Today this is a mother-in-law apartment
Cummings-YES, it will not expand her living space, just a shared entry.
Harrison- self explanatory
Jackson- tell us about the new "landing" at the rear. Short setback to side line. Table 2; stoops
and steps-1/2 way to ordinary setback
Cummings-within 6" of boundary, not a deck (meets code)
Jackson-depth?
Cummings- 42" deep/
Open to Public Input
NO comments
Motion by Patricia Eggers to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0
Further Discussion
MacGregor- no issues with this
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Harrison- in support
Eggers- in support
Kemp-in support
Jackson- Intensify not increase
Motion by Sarah Kemp to GRANT a Special Permit as written and advertised according to plans
submitted.
Second by Patricia Eggers
VOTE: 5-0-0
11-05 N+N Real Properties, LLC (Bud Noyes), 2689 Main Street, Map 14 Lot 50, VB zoning district.
The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179, Table 1, Retail and Service,
Item 3.1 to amend Special Permit #97-35 to extend existing kitchen 10' x 11.5'for office/storage.
Members hearing this application: Bruce MacGregor, Brian Harrison, Patricia Eggers, Paul Kearney
and Leslie Erikson.
Mr. Noyes was asked to give a brief overview of his application.
When I expanded the kitchen area this winter I should have looked further into future expansion
for an office and storage. It will be within the setbacks and match the existing building.
Board Questions
Kearney- any future plans, after this?
Noyes, NO, this is it.
Kearney- no problem with this application as follows;
Erikson-what do you mean by "squaring off the building"?
Noyes-building is angled to keep the same setback.
MacGregor- 2 sheds on the plan, what will you do with the second?
Noyes- it will be relocated or removed. We will verify the shed to be within 10' setback.
Open to Public Input
NO comments
Motion by Brian Harrison to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0
Further Discussion
Stewart- plan is wrong regarding the shed placement, we will need a revised plan.
Noyes- can this be submitted when project is done?
Stewart- must be corrected
Leven- suggest you get the plan completed before the CO is issued or final inspection.
Motion by Brian Harrison to GRANT an amendment to a Special Permit as written and
advertised with the following conditions;
1. Certified as-built plan demonstrating the shed meets Brewster bylaws.
2. All run-off must be self contained on the site.
Second by Patricia Eggers
VOTE: 5-0-0
Next Meeting: Tuesday, April 12, 2011 at 7:00 PM
Motion made by Patricia Eggers to adjourn
Second: Brian Harrison
VOTE: 8-0-0
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