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