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HomeMy Public PortalAboutZoning Board of Appeals -- 2011-10-11 Minutes Date approved January 11, 2012 Vote 8-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes October 11, 2011 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Brian Harrison, Paul Kearney, John Nixon, Patricia Eggers, Leslie Erikson, and Sarah Kemp Members missing: Arthur Stewart and Bruce MacGregor Attending Audience Members: Sue Leven (Town Planner), Suzanne McInerney (Planning Board Liaison) OLD BUSINESS Minutes Motion made by Patricia Eggers to ACCEPT the Minutes of September 13, 2011 as presented. Second made by John Nixon VOTE: 7-0-0 NEW BUSINESS 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. Request from Mr. Guyler to Continue until November 15, 2011 Motion made by Paul Kearney to accept the request for a Continuance until November 15, 2011 Second by John Eggers VOTE: 7-0-0 11-16 Joseph and Doreen Bisognano (represented by Paul and Padraig Galvin/Builders) 76 Pilgrim Pines Lane, Map 5 Lot 149, within the RM zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25B to add a second story to a pre-existing non- conforming structure within the same footprint. Members hearing this application: Brian Harrison, John Nixon, Leslie Erikson, Paul Kearney and Patricia Eggers. Mr. Galvin gave a brief overview of the project: Add a second floor to the same footprint No additional bedrooms, one additional bathroom Re configure the inside of the home; one bedroom on the first floor, 2 bedrooms and a bath on second floor This lot is under condominium form of ownership, each unit has a separate septic system Most homes are the neighborhood have expanded both upward and increased the footprint. Mr. Bisognano commented that to accommodate their family it was necessary to add another bathroom as well as move 2 bedrooms upstairs Open to Public Input ZBA Minutes 10-11-11 N Bonnie Chiantera: Lot size will not hold this increase The number of bedrooms will not increase the number of people will Overflow parking has been a problem of the road and on neighboring property Septic was last updated in 1991 Wetlands may be too close to this property- may increase water runoff What constitutes "more detrimental to the neighborhood"? Language usage is inappropriate Rental property Sue Leven (Town Planner) Most of those issues are under the term "civil issues"; parking, language etc. Rental of a property is the owners' prerogative No comments were received from either the Health Department or Conservation Building on the same footprint with same # bedrooms should not impact the septic Jackson- This is pre-existing/ non-conforming Under the Goldhirsh ruling, increased intensification is allowable. Not increasing the non-conformity Ken Rollins- Usage is a concern; rental, cars on the lawn, increased the number of occupants This never had legal frontage Two buildings on one lot-illegal Environmentally sensitive area. The septic should be upgraded. Motion by John Nixon to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0 Board Discussion It is in harmony with other homes in the neighborhood; 2 story homes in the area Number of bedrooms not changing No proof it was not legally created Septic deemed adequate when property changed hands in January 2011 Contingent on Conservation issue/concern of wetlands lines. Use as a rental property cannot effect this decision MOTION by Brian Harrison to GRANT a SPECIAL PERMIT for 11-16 76 Pilgrim Pines Lane, Map 5 Lot 149, within the RM zoning district, to add a second story to a pre-existing non-conforming structure within the same footprint subject to the determination that this property is outside the 100 foot Conservation wetlands lines. Second by Patricia Eggers VOTE: 5-0-0 Next Meeting: Tuesday, November 15, 2011 at 7:00 PM Motion made by Patricia Eggers to adjourn Second: John Nixon VOTE: 7-0-0 Resp ctfully submit i/ // eZ�. M rilyn Mooersiiil or ding Secretary ZBA Minutes 10-1