HomeMy Public PortalAboutZoning Board of Appeals -- 2011-06-14 Minutes Date approved July 12, 2011
Vote 9-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
June 14, 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,
and Sarah Kemp
Member missing: Paul Kearney
Attending Audience Members: Susan Leven Brewster Town Planner
OLD BUSINESS
Minutes
Motion made by Patricia Eggers to ACCEPT the Minutes of May 10, 2011 as presented.
Second made by John Nixon
VOTE: 8-0-0
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, Arthur Stewart, Leslie Erikson and Philip Jackson.
Mr. Zippo gave a brief overview of what has occurred since the approval;
DEP mandated a Title V design for septic even though this is not the approved system for this project.
Mass Housing was sent submittals in September 2010 and nothing has been approved at this point. We are
waiting in the process line (not first in, first out).
Market conditions are still weak.
The Federal Permit Extension Act does not apply to 40B projects thus a request must be made for specific
extension.
No changes to the septic system to be used, however, Bioclear may change to Fast System as Bioclear Company
does not do residential projects any longer. All calculation will be met and are in the 40B document.
Open to Public Input
Trent Gray- as systems improve, they should be considered.
Zippo-there is not a better system at the cost; it meets the requirements.
Leven- this hearing is to address the extension not to change the system.
Leidenfrost-if the economy doesn't improve will Mr. Zippo request another extension?
T. Gray- How long an extension?
Zippo-I am asking for 3 years, nothing has happened on the property to date. Extension until December 2014.
Leidenfrost- decreases the value of homes on larger lots.
Zippo- adding new homes adds new comps, raises the value of the neighborhood.
Motion by Arthur Stewart to Close to Public Input. Second by John Nixon. VOTE:5-0-0
Thoughts of the Board
All five members agreed with a 3 year extension.
The Board asked for a clarification of the expirations date; expires in January 2012 thus it will be extended until
January 2015.
If this recurs; Mr. Zippo may have to go through the whole 40B process again.
ZBA Minutes 06-14-2011 1
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MOTION by Arthur Stewart to GRANT an extension of#07-08 (Comprehensive Permit) to Mark Zippo
(White Rock Commons), 157 South Orleans Road. Map 52 Lots 31-1 and 33-1, for an additional 3 years based on
the information received during this hearing.
Second by John Nixon
VOTE 5-0-0
11-02 Dennis + Janet Davis, 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.
Members hearing this application: Bruce MacGregor, John Nixon, Brian Harrison, Sarah Kemp and Patricia Eggers.
Mrs. Davis represented this project.
She included a larger, more detailed site plan as well as a copy of the original approved plan and a copy of
Conservation Commission order of conditions.
Board Questions
The Conservation Commission had no problems with this application.
Copies of the Condominium document regarding individual unit use and limited use areas.
The leeching field are marked on the plans for reference.
Open to Public Input
No one spoke for or against this application
Motion by Brian Harrison to close to Public Input. Second by Patricia Eggers.
VOTE: 5-0-0
Further Discussion
The Board was unanimously in favor of this application.
The applicant confirmed that this will remain a one-bedroom unit.
MOTION by John Nixon to GRANT a Special Permit for applicant # 11-02 as requested with the information
received during this hearing.
Second by Patricia Eggers
VOTE 5-0-0
11-11 Hugh Robert and Jill Maraghy, 32 Martingale Lane, Map 24 Lot 47-2, located in the RM zoning
district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-42.1-c (1) (c) and (e) to
create a one bedroom apartment on the second floor of an existing garage.
Members hearing this application: Bruce MacGregor, Arthur Stewart, Brian Harrison, Leslie Erikson and Patricia
Eggers.
This project is a detached garage on a 77,000 sf lot, which exceeds the Bylaw requirement by 2000 sf. But due to
the fact that this is a panhandled lot it is under by 2000 sf thus they applicant needs a Special Permit from the
Board of Appeals.
There will be no structure changes just a modification of permitted use under 42.1-c (1) (c) and (e).
Applicant was asked if he had read the Bylaw with restrictions. He indicated he had done this and would comply with
the checklist (dated 5-31-11)
Open to Public Input
No one spoke for or against this application
Motion by Patricia Eggers.to close to Public Input. Second by Brian Harrison
VOTE: 5-0-0
The Board indicated they were unanimously in favor of this application as it meets the AADU guidelines.
ZBA Minutes 06-14-2011 2
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MOTION by Brian Harrison to GRANT a Special Permit for applicant # 11-11 as requested with the information
and plans submitted during this hearing.
Second by Patricia Eggers
VOTE 5-0-0
11-12 Francis Guiliano (represented by Legare W. Guyler, Design/Build), 3044 Main Street, Map 13 Lot
34-2, within the R-M zoning district. The applicant seeks an Appeal of the Zoning Agents decision under MGL
40A-section 3 and Brewster Bylaw 179-52 requesting an agricultural exemption from the Brewster By-law with
regards to the sign size for the farm stand located on Route 6A.
Members hearing this application: Arthur Stewart, Brian Harrison, John Nixon, Sarah Kemp and Philip Jackson.
Mr. Legare W. Guyler and John Guiliano were present for this application.
As an overview and review of past presentations; Mr. Guyler had presented case Law from Rutland, MA
concerning signage with an agricultural exemption prior to this meeting for the Board to review.
The acreage at 3033, 3034 and 3038 Main Street are one entity with 3 separate businesses; garden center,
producing farm, and vegetables and fruits.
They are requesting an exemption to the sign code under"unreasonable regulation". Compared with signs in the
locality they will be "reasonable". We will determine what is reasonable with respect to all.
They are asking for the Board to overturn the zoning agent's denial.
They have no square footage in mind.
Need to clearly differentiate the three (3) areas with signage and well as hours of operation.
This will be attractive to the approach; not billboard like. They will be keeping with the architectural integrity of
the district.
According to case law presented, this exception included signage.
The applicant felt comfortable trying to work with the guideline of counsel but not restricted.
Board Comments
There is a complexity of the sign code especially with agricultural exemption.
The Attorney General ruling does not stipulate size.
The ZBA has the right to "reasonably regulate"; limit to the square footage of Commercial District sign.
The Board would like the applicant to return with a proposed sign size.
Specifically the Board asked if the applicant is asking for 3 sets of signs; garden center, vegetables and oicking?
The Bard would like an opinion from Town Counsel.
The question of enforcement was brought up.
There could be a reasonable compromise between 4 sf and 20 sf. Can you work with Zoning Agent (Victor Staley)
to come to a reasonable mutual determination?
Old Kings Highway could have a say in this location.
A Board member felt that Victor's letter (December) was asking for guidelines and direction.
The Town Planner will request an opinion from Town Counsel so there will be a baseline to proceed.
Open to Public Input
Walter Jones- this is a quiet, historic area. It is not reasonably to give that kind of authority. OKH must weigh
it; not agriculturally exempt with them.
Leven- HDC will weigh in
Guyler- HDC has approved the sign that is there now.
Leven- dimensional is Zoning Agents purview.
Jones- Is the applicant determining "reasonable" or the Town?
Motion by Brian Harrison .to close to Public Input. Second by Sarah Kemp
VOTE: 5-0-0
Further Discussion
Members felt Town Counsel should be asked to weigh in, especially regarding "reasonable"
They felt it was best to give parameters for applicant to discuss with Mr. Staley.
The Board unanimously felt the applicant should work with Victor based on Town Counsel opinion.
It was suggested; perhaps they could condition this exemption.
According to the Town Planner, they cannot condition and appeal of the zoning agents decision.
ZBA Minutes 06-14-2011 3
The Board feels a further continuance is needed for Town Counsel opinion and for applicant to work with Zoning
Agent as to the"reasonable"definition
MOTION by Arthur Stewart to Continue #11-12 until July 12, 2011 with following clarifications;
1) obtain Town Counsel opinion as to"reasonable" under the umbrella of Agricultural exemption.
2) what is Victor Staley's authority
3) Can the Board limit size to Commercial district size?
4) Can they have separate signs for separate uses?
5) can this application be conditioned?
Second by Brian Harrison
VOTE 5-0-0
11-13 Michael McCarthy, 779 South Orleans Road (Route 39), Map 45 Lot 47-5, located in the RM zoning
district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179.42.1 (c) (1) (c) to create an
affordable accessory apartment.
Members hearing this application: Bruce MacGregor, Brian Harrison, Leslie Erikson, Patricia Eggers and Sarah
Kemp.
Mr. Michael McCarthy presented his application as a matter of right but with smaller lot coverage.
This is a 40,000 sf lot that should be 60,000 for this use.
There will be separate parking for this unit.
Open to Public Input
Pete Rose- In accessory apartment Bylaw; how many vehicle are allowed?
Leven- at lease on space but no more that 3 spaces.
Rose- What is the maximum number of vehicles can they have?
Leven- one unregistered and as many as they have registered.
Rose- Is there a limit to number of people?
Stewart- 2 per bedroom
Rose- they could have a used car lot as long as they are registered?
Leven- If they are all registered
Rose- Any way of keeping a lot clean neat and orderly?
Jackson- a neighborhood association.
Motion by Patricia Eggers to close to Public Input. Second by Brian Harrison
VOTE: 5-0-0
Board Comments
An AADU is deed restricted; if this property is sold can the new owner undo the process?
The Board was unanimously in favor of this application with deed restriction as indicated.
Mr. McCarthy will comply with all items on the AADU checklist (dated 5-31-11) and the Decision will be recorded
before the property is sold.
MOTION by Sarah Kemp to GRANT a Special Permit for applicant # 11-13 as requested to grant an AADU with
the information and plans submitted during this hearing. This decision must be recorded with the Barnstable Land
Court before the sale of the property.
Second by Patricia Eggers
VOTE 5-0-0
11-14 Al-Awadi Abduirazzak (represented by Chris Hutton/Builder) 96 Winterhoff Trail, Map 5 Lot 7,
located in the RM zoning district. The applicant seeks an Appeal of the Zoning Agents decision and/or a Variance
under MGL 40A and Brewster Bylaw 179.42.1 and/or 179-52 to create an affordable accessory dwelling unit on a
47,000 +/- square foot lot.
Members hearing this application: Brian Harrison, John Nixon, Leslie Erikson, Sarah Kemp and Patricia Eggers.
Mr. Al-Awadi was represented by Chris Hutton and Attorney Roger O'Day.
Attorney O'Day indicated that they would like to address the Special Permit first.
ZBA Minutes 06-14-2011 4
Board Discussion
Special Permit had not been indicted in the legal advertisement thus this cannot be discussed.
We will re-advertise with Special Permit as primary and in the alternative and Appeal of Zoning Agent Decision
and or a Variance.
MOTION by Brian Harrison to grant a Continuance for #11-14 until July 12, 2011 to be correctly advertised as
stated above.
Second by Leslie Erikson
VOTE: 5-0-0
Next Meeting: Tuesday, July 12, 2011 at 7:00 PM
Motion made by Sarah Kemp to adjourn
Second: Leslie Erikson
VOTE: 8-0-0
Respectfully submitted,
Marilyn Mooers, Recording Secretary
ZBA Minutes 06-14-2011 5