HomeMy Public PortalAboutZoning Board of Appeals -- 2011-05-10 Minutes Date approved June 14, 2011
Vote 8-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
May 10, 2011
Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip
Jackson, Bruce MacGregor, Arthur Stewart, Brian Harrison, John Nixon, Patricia Eggers, Leslie Erikson,
Paul Kearney and Sarah Kemp
Attending Audience Members: Susan Leven Brewster Town Planner
OLD BUSINESS
Minutes
Motion made by Arthur Stewart to ACCEPT the Minutes of April 12, 2011 as presented.
Second made by Sarah Kemp
VOTE: 9-0-0
NEW BUSINESS
07-08 Mark Zippo (White Rock Commons), 157 South Orleans Road. Map 52 Lots 31-1 and 33-1. The
Applicant seeks an amendment to Comprehensive Permit 07-08 to extend his permit for an additional 3 years due
to the following: Delay of finalized permit review by Mass Housing; Septic Design delays via Mass DEP; Market
conditions are very poor for New Construction Housing. A Comprehensive Permit was granted in 2008 for 14
single-family dwellings on individual lots (10 market rate dwellings and four affordable dwellings).
Members hearing this application: Bruce MacGregor, John Nixon, Paul Kearney, Arthur Stewart and Philip Jackson.
Mr. Zippo requested an extension to build.
He applied to the state late last year and is still waiting. In March he received acknowledgment that they had
receipt of the package. No time line from the state yet.
The request is due to reasons noted in application; market conditions etc.
DEP required a subdivision plan that had to be reworked. The appropriate permit was pulled. According to DEP
the lots must be able to hold stand alone Title V even though the final system will be central Bio-clear system.
Jackson- it will be bioclear?
Zippo- advanced treatment, DEP requirement for Title V support
Jackson- we were clear in the decision of bioclear.
MacGregor- are you still the owner/developer of the property?
Zippo- yes
MacGregor-3 more years is a big jump.
Zippo-between the economy and the state working to keep 40B there was a slow down. The two issues
mentioned above are out of my hands.
Nixon- what is the condition of the lot now?
Zippo- nothing done yet. Request to the Building Department to clear 1.5 acres but not started yet. We will
answer the DEP issue first.
Open to Public Input
Bonnie Gray- November, 2008 the WQ Protection Bylaw was passed by the town; does this have any influence of
this project?
Jackson-According to WQRC this is outside Zone II.
Gray- in another 3 years technology will be improved and conditions may change.
Jean Lynden Frost- I was not notified as an abutter. BRE.4.1Viiti CLEF
Leven- we will re-advertise and notify abutters
Frost- what would happen if the trees come down and nothing is done?
Leven- State reviews the applicants finances regarding adequate funding - 11P:1441
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Zippo- all requirements have been met and submitted for review.
Motion made by Arthur Stewart to CONTINUE this application until June 14, 2011 for abutters to be notified
Second made by John Nixon
VOTE: 5-0-0
Leven- we will get a copy of the Permit Extension Act as it refers to 40B
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, Table 2, Note 1 to extend/alter (16' x 10' living space) a pre-existing non-conforming structure.
A CONTINUANCE from February, 2011
Members hearing this application: Bruce MacGregor, John Nixon, Paul Kearney, Brian Harrison and Sarah Kemp.
Mr. and Mrs. Davis were representing themselves for this application.
Board Questions
Stewart- prior discussion asked applicant to go to HDC and Conservation before returning to Zoning Board.
There was a question on whether we should consider this as a single unit or look at the condo complex as a whole.
We also must look at exclusive and limited use areas.
Leven- Should finish with Conservation first
Jackson- HDC and Cons Corn are unofficial prerequisites for ZBA
Harrison- must go through Conservation, especially within the wetlands.
MacGregor- Conservation first and we requested more definitive plans (larger scale as well)
Davis- what plans are needed?
MacGregor- another applicant in the area had a plan with areas able to build
Davis- I submitted floor plans and materials lists.
MacGregor- Conservation is a must and the plan must show exclusive right areas.
Stewart- approved years ago. Changed from cottages into condos. Approved site plan, we must have that.
MacGregor- Approved plan.
Davis- I included what was part of the deed
Leven- Should show the footprint of the existing structure, scaled plan, and percentage of lot coverage. Also
need the approval of the Trustees.
MacGregor- the map presented was not readable, we need normal survey size
Kearney- we need more information
Nixon- limited exclusive use area, no more increasing the building by 50%
Harrison- The condo deals with the % increase; we have no issue with that.
Kemp- Need clearer information regarding exclusive use and limited area. One lot with multiple dwellings. Need
the square footage of combined buildings
Davis- why would you need the complete acreage?
Kemp- coverage can only be a certain percentage.
Davis- for coverage?
Motion made by Arthur Stewart to CONTINUE this application until June 14, 2011
Second made by Brian Harrison
VOTE: 5-0-0
Davis- can we have a clear list of what is needed;
Conservation decision
Larger plan 24 x 36 approved site plan that has building dimensions and layout.
Original plan approved for Wayne Hyman
Percentage of lot coverage
11-08 The Estate of Martha A. Jones, 18 King Philip Road, Map 28 Lot 75, within the RM zoning district.
The applicant is seeking a Variance under MGL 40A and Brewster Bylaw 179-52 to permit the installation of an
eight-foot (8') fence along the Eastern property line.
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Members hearing this application: Brian Harrison, Arthur Stewart, John Nixon, Leslie Erikson and Patricia Eggers.
Andrew Winick represented the Estate of Martha A. Jones as the executor.
Mr. Winick gave an overview of the application.
They are trying to prepare the property for market sale. The neighbor collects"items"which result in an
undesirable view. A six foot fence does not obstruct the view due to the slope of the land and materials
accumulated.
They are asking for up to an eight foot fence with the goal being an esthetically pleasant structure as well as
practical. There is an elevation difference to the property line. This is a layer of protection for anyone purchasing
this property.
Board Questions
Stewart- It is as shown in the photos.
Nixon- what effort have you taken to approach the neighbor.
Winick- other neighbors have offered help, we offered to get a dumpster. Nice gentleman but a different
lifestyle. Just resists cleaning this property up. Situation has been there for quite a while.
Nixon- I don't think it meets the conditions of a variance. The property is filled land, thus it was created.
Dealing with uncooperative neighbors is a legal matter, our concern is zoning.
Winick-nothing illegal; no legal recourse. Not deemed hazardous.
Nixon- reduction of home value due to this situation
Erikson- have there been any comments regarding the fence?
Mooers-NO
Winick- no negative feedback
Eggers- definitely a need for something. This is a variance issue; topography to meet the condition. What about
hedging i.e.: Leland Cyprus?
Winick- we have discussed that solution but it is time sensitive; we would like to get on the market late spring,
early summer. Also a maintenance issue with new buyers
Eggers- do you have plans of what the fence would look like?
Winick- flat board with scallop top, natural wood, tapered toward the front.
Open to Public Input
Kemp- the SW neighbor on Millstone has Leland Cyprus as a screen
Winick- the woods allow protection and shelter, not against natural screening but it would take time
Motion by Brian Harrison to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0
Further Discussion
The Board agreed that a six foot fence does not shield the neighbor's yard.
A maximum of eight (8') foot is acceptable in this case.
It was discussed that there is no law against a messy yard.
The criteria for Variance are met with the slope of the land.
This is an attractive alternative.
No objections from any abutters; written or in person.
MOTION by Brian Harrison to GRANT a Variance to allow up to an eight (8') foot as stated in the application.
Second by Patricia Eggers.
VOTE: 4-1-0; Mr. Nixon was the only dissenting vote.
11-09 Barbara and Barclay Stanton (represented by William Murphy), 42 Foster Road, Map 15 Lot 87,
within the zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25-B
to convert a pre-existing, non-conforming detached garage into a playroom.
Members hearing this application: Bruce MacGregor, Brian Harrison, John Nixon, Sarah Kemp, and Philip Jackson.
Mr. Murphy gave a brief overview of this project/request;
The applicant would like to convert the existing garage into a playroom with bathroom for grandchildren.
Board Questions
Nixon- what is the definition of a playroom? Does it include a bedroom?
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Murphy- Victor Staley (Building Inspector) has stated verbally it is considered a bedroom.
Nixon- It is close to the lot line. Is this to be a bedroom, garage or play area?
Murphy- it is pre-existing, non-conforming as for the lot line
Kemp- Is it a bedroom or a playroom?
Harrison- definition; purpose of septic.
Murphy-septic plan has been designed
Leven- we need clarity; a room with four walls and a door is a bedroom. May not intend to use it that way. No
one lives there (sleeps there) but it is a gathering place. The ZBA can condition it as a playroom not a bedroom.
Kemp-Is the intention a bedroom?
Murphy- a playroom
Kemp- will anyone sleep there?
Murphy- I don't know.
MacGregor- what about a noise issue? This property is rented most of the time, and there has been an issue.
Nixon- I am concerned with the renters as well.
Kemp- the existing door to the street will become windows.
Murphy- this has been approved by HDC, the sliding door away from the abutters.
Jackson- the drawings presented show a playroom and a bathroom
MacGregor- what is the "jog"
Murphy- dormer for better headroom
Open to Public Input
Ruth Hulkins- objection to the noise. The driveway is five inches (5 ") from my lot line. The family is there only
a short time, the rest of the year it is rented. I am concerned that renters will use this as additional living space.
Concern for plans for the bathroom, could be used by summer tenants. This is a quiet neighborhood. Very
concerned about noise as it is so close to the lot line.
Debra Johnson- I am across the street. We have all good relations with the Stantons. They have made it clear
it is a bedroom. There is only one bathroom in the house.
Elid Johnson- I am the SE abutter (back of the garage); this went to HDC in January. If the Stantons want to
keep the abutters happy why a bedroom and bathroom?
Motion by Brian Harrison to Close to Public Input. Second by John Nixon. VOTE: 5-0-0
Further Discussion
The Board felt there was a misconception of a playroom and/or bedroom with a bathroom.
It is only one foot off the property line. Substantially more detrimental.
The property is rented most of the year, asking for trouble this close to the property line.
An addition could be added elsewhere legally.
Harrison- as a courtesy; we suggest a withdrawal w/o prejudice rather than a negative vote.
Murphy- I would like to request a Withdrawal w/o prejudice
MOTION by Brian Harrison to allow William Murphy on behalf of the Stantons to WITHDRAW this
application w/o prejudice. Second by John Nixon. VOTE: 5-0-0
11-10 Anthony J. P. Gibson, 140 ] Millstone Road, Map 28 Lot 14-103, within the RR zoning district.
The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25-B to alter a pre-existing non-
conforming structure by adding an 8' x 10' deck with railings.
Members hearing this application: Bruce MacGregor, Brian Harrison, Paul Kearney, Patricia Eggers and Leslie
Erikson.
Mr. Gibson gave a brief overview: the deck has already been built (8 x 10). Requesting proper permit to make this
a legal addition.
It has been approved by the President of the Association, which the applicant initially believed to be the only
requirement.
Board Questions
The Board felt that this application was very straight forward.
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It has the approval of the Condominium Association
Plans show where the deck in located and the correct size.
Open to Public Input
No one spoke to this issue
Motion by Brian Harrison to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0
Further Discussion
The Board is unanimously in favor as long as the proper building permit is pulled and all requirements
of the Building Commissioner.
MOTION by Leslie Erikson to GRANT a Special Permit for this application as submitted. Second by Paul Kearney
VOTE: 5-0-0
Next Meeting: Tuesday, June 14, 2011 at 7:00 PM
Motion made by Patricia Eggers to adjourn
Second: Brian Harrison
VOTE: 9-0-0
Respectfully submitted,
Marilyn Mooers, Recording Secretary
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ZBA Minutes 05-10-2011