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Home My Public Portal AboutZoning Board of Appeals -- 2011-04-12 Minutes Date approved May 10, 2011 ` ' Vote 9-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes April 12, 2011 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Bruce MacGregor, Arthur Stewart, Brian Harrison, and Sarah Kemp. Member missing: John Nixon, Patricia Eggers, Paul Kearney and Leslie Erikson Attending Audience Members: Susan Leven (Brewster Town Planner), Leo Pakulas (Cape and Islands Farm Bureau) Minutes Motion made by Arthur Stewart to ACCEPT the Minutes of March 8, 2011 as presented. Second made by Sarah Kemp VOTE: 5-0-0 11-02 Dennis + Janet Davis, (represented by Denis). 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, Table 2, Note 1 to extend/alter ( 16'x 10' living space) a pre-existing non-conforming structure. Requesting a CONTINUANCE until May 10, 2011 MOTION by Arthur Stewart to Continue application 11-02 until May 10, 2011. Second by Brian Harrison. VOTE: 5-0-0 GRANTED 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. Requesting a WITHDRAWAL Mr. Guyler was present to make his request. Mr. Guyler will resubmit with more information, will request a Special Permit/overturn the Zoning Agents previous decision. Pakulas-as an advocate of Agriculture, trying to help the legal process. The Town recognizes the State's Agricultural Plan Stewart- it seems open ended, there must be some limits Pakulas- concerned with the "shall be reasonably regulated" Guyler- I understand the need to re-advertise under Special Permit filing MOTION by Brian Harrison to GRANT a withdrawal without prejudice for 10-22 to allow a re-filing under Special Permit (recommend to Board of Selectmen a waiver of the fee with the exception of the direct cost of advertising and notification of abutters). Second by Arthur Stewart. VOTE: 5-0-0 11-06 The Delahanty Company, LLC, dba: Isaiah Clark House, 1187 Main Street, Map 23 Lot 06-2, within the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-11 to operate a seven bedroom bed and breakfast, with a separate manager's quarters (Isaiah Clark House LLC). Members hearing this application: Bruce MacGregor, Brian Harrison, Arthur Stewart, Sarah Kemp and Philip Jackson. ZBA Minutes 04-12-11 1 Nancy Garran and Ed Barber present the application Board Questions MacGregor- will there be entertainment? Garran- NO, just a Bed and Breakfast. Kemp- Will the manager by living on the premises? Garran- Not at the moment. The Manager lives in Brewster Kemp- there are 7 rooms in the main building? Stewart- the garage in the back is a separate managers quarters? Barber- it is a converted garage. Stewart-If the manager is living off site; that is different from the previous Special Permit issued to this property. MacGregor- we have conditioned the manager living on site. Previous Special Permit had a manager on site. A worker does not have the same responsibility. Garran- Manager on site on a daily basis until all guests arrive. Previous owners lived in the back cottage. Barber-Victor Staley indicated the Manager did not live on site. Leven- Zoning doesn't define a Bed and Breakfast. I categorizes as "lodf=ging house" and does not state manager living on site. Stewart- Most Special Permits that has been a condition. Leven- that doesn't make it legal Stewart- Previously we issued a permit to the Old Manse with the manager living nearby with "direct contact" MacGregor- we have always conditioned this, responsibility for the activity and behavior of tenants. If one owner has multiple sites there has always been a designated manager living on site. Harrison- we could condition this with a one year review MacGregor- This is not an apartment situation; it is separate people in a "family situation", shared bathrooms etc. These places were originally build as homes, sometimes issues arise. Someone should be there to take responsibility. Kemp- As an owner it is wise to protect your investment. I am in favor of granting with the provision to review. Harrison- Is the manager on 24 hour call? Garran- YES Stewart- Is there a dedicated direct line if a problem arises? Garran- Manager has a phone 24/7. MacGregor to Leven- Special Permits use is subject to Rules and Regulation, why can't it be conditioned? Leven-nothing in the Bylaw; just a Special Permit to change ownership. MacGregor- Not built as commercial but run as commercial. Will you check with Town Counsel if this can be conditioned as such? Leven- I will ask Town Counsel for an opinion, suggest continuing until May meeting. MacGregor-Maybe it should go back to Town Meeting to add to the Bylaw. Leven- what is you anticipated opening date? Garran- hope to open by the end of the month (April) Stewart- Have you read the previous Special Permit? Garran- YES, still in flux as to what we are doing. We spoke to Victor Staley; he indicated manager on site not required. Our legal counsel (Singer + Singer) stated if we used the house in the rear as a rental we must come to ZBA again. Stewart- Special Permit runs with the owner not the property. MacGregor- Special Permit 07-06 states "separate mangers quarters". I don't know of another B+B here in Brewster where the owner or manager did not live on the premises. Kemp- what are your plans for the managers quarters? Barber- staff member may stay there; housekeeping/chef. Leven- I will ask Town Counsel if ZBA has the right to condition. ZBA Minutes 04-12-11 2 Open to Public Input NO comments Motion by Sarah Kemp to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0 Further Discussion Stewart- Did this have a restaurant? Garran-just breakfast Jackson- We can do; continue for legal opinion and/or approve and monitor for a year. MacGregor-do we want to send this message to the community Jackson- you are right MacGregor- we condition on situations; tucked into residential neighborhoods. I am not on board with this. Leven-Continue until next week/legal counsel opinion Stewart- continue for better understanding Harrison-I suggest we vote now, with owner representation on site. Kemp- either continues, ask legal counsel or put in Special condition. MacGregor- we will have to look at all applications differently. Kemp- think of fire hazards MacGregor- I want a manager or responsible person on site. Stewart-things can get out of hand need security. Jackson- can it be more than one person with same responsibility? MacGregor-doesn't have to be the owner, but live there. things can happen at any time. Barber- "owner's representative on the grounds" MOTION by Brian Harrison to GRANT a Special Permit with all previous conditions, with "owners representation" at night on site while operating. Second by Bruce MacGregor VOTE: 5-0-0 11-07 Investment Capital Commercial Mortgage, LLC.(represented by D.J. Scholl), 3679 Main Street, Map 11 Lot 25, within the RM zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25-B, Table 2, Note 1 to alter and add 168 square feet to the existing dwelling. Members hearing this application: Bruce MacGregor, Brian Harrison, Arthur Stewart, Sarah Kemp and Philip Jackson. D. J. Scholl presented his application; I bought five out of eight condos, have one unit left. 320 s.f.; according to Master Deed they can increase 50% Approved through Conservation Board of Health is fine Not adding a bedroom. Approval of Condo association Board Questions Stewart- on plan; exclusive use area and limited area. Scholl- exclusive use of whole parcel. Master deed 50% increase of footprint. This unit has largest exclusive use area. Stewart- restriction on 9 bedrooms Scholl- that is why there can be no increase in bedroom MacGregor-under Master Deed, could it come in for an addition of 50% Stewart- 50' setbacks ZBA Minutes 04-12-11 3 Scholl- 25' setback from side bound, patio landscaping feature is not a building Kemp- Are you going to keep this or sell it? Scholl- don't know Kemp- are you adding a deck, not a patio? Scholl-correct Open to Public Input NO comments Motion by Brian Harrison to Close to Public Input. Second by Arthur Stewart. VOTE: 5-0-0 Further Discussion Kemp- in favor, not substantially more detrimental, does not increase non-conformity Stewart- unique unit, within buildable area, no impact; remains al bedroom MacGregor- in favor; positive addition Harrison- language in Master Deed for further applications Jackson- each remaining unit, no more than 50% MacGregor- the larger unit could come for 50% more? Scholl-within regulations Jackson- can we put in this decision " any future held to that maximum but each independently approved"? Leven- as a "finding" that you recognize the Master Deed portion. Kemp- by approving this one; judge other owners on their own merits-not a blanket approval MOTION by Arthur Stewart to GRANT a Special Permit for 11-07, according to the plan presented (considering the expansion is less than 5-% of existing dwelling-according to the Master Deed). Secod by Brian Harrison. VOTE 5-0-0 Next Meeting: Tuesday, May 10, 2011 at 7:00 PM Motion made by Brian Harrison to adjourn Second: Arthur Stewart VOTE: 5-0-0 Respectfully submitted, Marilyn Mooer •ecording Secretary ZBA Minutes 04-12-11 4