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Home My Public Portal AboutZoning Board of Appeals -- 2011-07-12 Minutes Date approved September 13, 2011 Vote 8-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes July 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, Paul Kearney, John Nixon, Patricia Eggers, Leslie Erikson, and Sarah Kemp Attending Audience Members: Susan Leven Brewster Town Planner OLD BUSINESS Minutes Motion made by Patricia Eggers to ACCEPT the Minutes of June 14, 2011 as presented. Second made by John Nixon VOTE: 9-0-0 NEW BUSINESS 11-12 Francis Guiliano (represented by Legere 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. CONTINUED from 06-14-11. Motion made by Arthur Stewart to CONTINUE until September 13, 2011. Second by Patricia Eggers VOTE:9-0-0 11-14 Al-Awadi Abdulrazzak (represented by Roger V. O'Day, Esq. and Chris Hutton, Builder) 96 Winterhoff Trail, Map 5 Lot 7, located in the RM zoning district. The applicant seeks a Special Permit pursuant to MGL 40A Section 9 and Brewster By-law 179-51; or in the alternative, an Appeal of the Zoning Agents decision; or in the alternative a Variance under MGL 40A Section 10 and Brewster By- law 179-42.1 and/or 179-52 to construct 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. The plan and the house were established in the early 1970's, which predates Town Zoning Bylaws This application is presented as stated above; in the alternative....begin with the Special Permit. Lot is 47,000 square feet Letter of April 7, 2011 from the Zoning Agent set two alternatives. Three items that were addressed have been met or addressed; Wetlands (NO), Health Department (OK), and curb cut permit (no problem/no curb) The building will be 28 x 28, 784 square feet footprint and 2 floors. Bylaw lists the max square footage as 900 sf and doesn't distinguish between net sf and footprint Bylaw doesn't say "net square footage"just square footage. This will be used by the family of the applicant. ZBA Minutes 07-12-2011 1 The applicant has been through the checklist provided for AADU requirements; aware of all issues. This will not be rented/strictly family use. Use restriction will be recorded. Occupancy will be 2 per bedroom. This unit fits the sight (the area is staked out on the ground). Board Discussion The Board questioned several items on the checklist; the 900 s.f. and year round principal occupancy specifically. The total number of people was also a question of concern. Attorney O'Day and Mr. Hutton were asked about the owners residency; It was stated he lives here approximately 2 months a year; is traveling for business or in Dubai for the rest of the time. The Bylaw states the occupant of this type of unit must live there as a year round resident. The representatives of the applicant stated it will be for family use. A Board member asked if the grandchildren will be enrolled in the Brewster/Nauset schools. According to plans submitted the structure is labeled "guest house" which implies coming and going not residency. The Board felt they needed clarity of 3 items; • Year round residency? • Is the structure exempt from setbacks through grandfathered status? • 900 square footage; net total vs. footprint? The Town Planner questioned a two-level AADU unit, concern with the 900 square foot interpretation by the applicant. This was never meant to be a large house. Open to Public Input O'Day- If Board consensus is the need for further fine tuning he would like to ask for a continuance Motion by Brian Harrison to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0 Further Discussion All members hearing this application agree they need further clarification on the following; • Assurance of year round residency • Grandfathered setbacks • 900 square footage; net total vs. footprint? MOTION by Leslie Erikson to grant a CONTINUANCE until August 9, 2011 for 11-14 Al-Awadi Abdulrazzak 96 Winterhoff Trail, Map 5 Lot 7, seeking to create an affordable accessory dwelling unit on a 47,000 +/- square foot lot. • Second by Patricia Eggers VOTE: 5-0-0 11-15 Paula ). Sperry, 154 Archie's Cartway, Map 38 Lot 83-1, within the RR zoning district. The applicant seeks a Dimensional Variance under MGL 40A-10 and Brewster Bylaw 179-52, table 2, note 7; to relocate a timber frame barn within 25 feet of the rear lot line Members hearing this application: Brian Harrison, Bruce MacGregor, Arthur Stewart, John Nixon and Paul Kearney. ZBA Minutes 07-12-2011 2 ter... Ms. Paula Sperry presented her application beginning with a slide presentation showing the unusual topography associated with the current barn. It was originally built in a depression. The drainage in the barn area has been a major problem; it the winter it freezes and the "slip and fall" issue is serious for both humans and animals. In the fall and spring the rains flood the area to the point they have built a "moat" around the barn and have had to have it pumped out in the past. They are asking for permission to move the barn to an upland position within 25 feet of the lot line (the Punkhorn). Department Review comments were noted: Planning Board member noted the reduction of the Agricultural exemption within certain circumstances. Board Discussion All members hearing this application were in favor of this Variance. It has a unique situation with the Punkhorn as an abutter. The first criteria of the Variance has been met with the issue of unusual topography as well as the other three questions were met for this application. MOTION by Paul Kearney to GRANT a Variance as requested; 11-15 Paula 3. Sperry, 154 Archie's Cartway, Map 38 Lot 83-1 to relocate a timber frame barn within 25 feet of the rear lot line. Second by Arthur Stewart VOTE: 5-0-0 Next Meeting: Tuesday, August 9, 2011 at 7:00 PM Motion made by Brian Harrison to adjourn Second: Paul Kearney VOTE: 9-0-0 Respectfully submitted, 'tar' n Mooers, Rey r :ing Secretary ZBA Minutes 07-12-2011 3