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Home My Public Portal AboutZoning Board of Appeals -- 2012-02-14 Minutes Date approved March 13, 2012 Vote 6-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes February 14, 2012 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Brian Harrison, John Nixon, Bruce MacGregor, Arthur Stewart, Leslie Erikson, and Sarah Kern p Members missing: Patricia Eggers and Paul Kearney Attending Audience Members: Sue Leven (Town Planner) OLD BUSINESS Minutes Motion made by Sarah Kemp to ACCEPT the Minutes of January 10, 2012 as presented. Second made by John Nixon VOTE: 7-0-0 NEW BUSINESS 12-02 Richard and Sandra Raver (represented by George Avery, Builder), 94 North Pond Drive, Map 27 Lot 228, within the RM district. The applicant seeks an Appeal of the Zoning Agents decision and or a Dimensional Variance under MGL 40A, 8 and 15 and Brewster Bylaw 179 to allow a foundation within the 20 foot setback for a free standing garage. Continuance Members hearing this application: Bruce MacGregor, John Nixon, Sarah Kemp, Leslie Erikson and Philip Jackson Mr. Richard Raver and Mr. George Avery presented this application. Documentation that was requested at the January meeting was submitted; Building permit had the correct setbacks marked on the application, The plan presented showed the correct placement of the garage. • Owner thought the trees were on the property line. • Mr. Avery measured 25' from the trees • When the as-built was asked for by the Zoning Agent, it was found the setback was not correct • To put somewhere else it would not be flat and a hardship to remove it at this point. • This is the only spot to place the garage. Board Discussion • Is this a slab? NO, a 4 foot deep foundation • Plans were not done first • A previous tenant planted the trees; they have grown considerably • Property line should not have been guessed at • Unclear as to where the property line and trees are. Open to Public Input • No one spoke to this issue Motion by Brian Harrison to Close to Public Input. Second by Sarah Kemp VOTE: 5-0-0 Further Comments ZBA Minutes 02-14-12 • Two abutters at the last meeting were in favor of this application • Self created hardship • Site plan is dated 1985; could take coordinates off the house if the bound markers are not visible • Homeowners do not usually deal with this often but a builder should know. • Unfortunate that this is a builder's error. • Variance is a stretch. • Sympathize but this would set a precedent; approval after the fact • Guessing is not an acceptable procedure • Does not meet regular Special Permit. • Could be moved closer to the other garage or turned on an angle. • Should think about 3.5 foot difference; take the opportunity to make it work • The floor hasn't been placed; only the side walls Susan Leven-suggestion to applicant; withdrawn and allow to return within 2 years Phi/Jackson-The topography is no different than any other lots in that area Sue Leven-if DENIED; must wait 2 years to return with new plans or go to the Planning Board for Repetitive Petition. If WITHDRAWN; you can return within 2 years. We suggest you seek legal counsel MOTION #1 made by Brian Harrison that the Zoning Board agrees with the Zoning Agents decision regarding the wrong setbacks. Second by Leslie Erikson. VOTE: 5-0-0. MOTION #2 made by Brian Harrison that the request for a Dimensional Variance does NOT meet the criteria; this was a self created hardship. Second by Sarah Kemp. VOTE: 5-0-0. 12-05 Verizon New England, Inc. (represented by Gareth I. Orsmond), 2118 Main Street, Map 16 Lot 70. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25B to authorize overnight parking of equipment at a pre-existing nonconforming premises. Continuance Members hearing this application: Bruce MacGregor, Brian Harrison, John Nixon, Arthur Stewart and Sarah Kemp. Verizon was represented by Attorney Gareth I Orsmond. • Applicant appreciated questions that the Board requested • Non conforming use application • 2 alternative plans of parking have been presented (either is fine with Verizon) • Answered other questions; truck sizes • Phasing out the Orleans facility Board Comments • Would there be larger trucks? This is a picture of the type and size of truck to be used • Scheme B seems the best • Backing out onto Route 6A is not a good idea (too busy and unsafe) • Would like to see a turn-a-round or backup area in the front of the building • Verizon has no problem with that; either grass, dirt or paved over • Because this is a Historic District we would suggest use of"turf stone" or gravel. Must return to HDC for approval. Won't change the look. Open to Public Input • No one spoke to this issue Motion by Arthur Stewart to Close to Public Input. Second by Bruce MacGregor VOTE: 5-0-0 Final Comments • Scheme B is the way to go ZBA Minutes 02-14-12 • Area in front (turf stone) would support the vehicle • Intensity of use not that great • We can condition; 1) No backing in or out onto 6A, 2) front turn around (not to be used for parking), 3) use turf stone for support of these vehicles, and 4) limit size of trucks as shown by Verizon MOTION by Bruce MacGregor to APPROVE Special Permit for application 12-05 with the following conditions; • Trucks not to exceed 8.5 x 20 • Parking according to Scheme B dated 1-19-12 • Additional 10 x 20 area between the building and the highway covered with turf stone type product, not to be used for parking just for turn around • Vehicles are NOT to back in or out onto 6A Second by Arthur Stewart VOTE 5-0-0 12-06 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, or in the alternative a Special Permit and/or Variance under MGL 40A, section 8 and 15 and Brewster Bylaw 179-52 to provide limited food and beverage service at the property noted above. Members hearing this application: Brian Harrison, John Nixon, Arthur Stewart, Leslie Erikson and Sarah Kemp. Mr. Francis Guiliano and Mr. Legare Guyler were present. Part of the original application; • Reasonable associated areas for a farm or farm retail • Open about 1 year They would like limited food; jams, jellies, produce, fruit, bottled water, coffee etc. Food not prepared on site. Request a product list. Add a 16 x 24 foot building containing a kitchen for reheating not for food preparation. They must get approval from Health Department and HDC. • We are considering food service an accessory to the initial business • How do we limit this/not becoming a restaurant? Board Comments; • Table 1 (Use regulations) Agricultural; "raised on the premises" is allowed • Sandwiches, bottle drinks, water are not allowed • Would you be selling hotdog and burgers? NO, crossover to preparation on site. • Most likely berry rolls/wraps using a microwave. • Soup/Chowder? Bring in prepared and heat it up • Where is this 2nd building going? Next to the deck on the left as you enter the property. We would have tables on the deck. • Have you discussed this with BOH regarding lavatory facilities? There is a "staff" facility within 300'. This satisfies the requirement. • Could fall into category of sandwich shop; on site preparation; number of seats and parking • RM zone does not even allow vending machines • Most local nurseries are not in RM zone or historic district • Definition of Restaurant/Limited Use seems to fit but not allowed in RM district • How long will this food area be open? April through the fall Open to public input • Susan Leven (Town Planner)- Where does this stop? We have serious concerns; "mission creep". Nothing similar in town. This is a restaurant and this retail use is not permitted in the RM zone. • Ed Leonard (abutter) - I live in a residential area and have concerns of a restaurant next to me. ZBA Minutes 02-14-12 • Elaine O'Neil (abutter)- Since the Farm increased its size the traffic has increased. A restaurant is not acceptable. I would not like to see any further development. • MOTION by John Nixon to close to public input. Second by Arthur Stewart. VOTE:5-0-0 Observations by Board; • This is unusual and complicated • A limited service restaurant needs a Use Variance • ZBA would like to get opinion from legal counsel; Sue Leven asked to confirm what to ask Town Counsel; 1. How does this get permitted? What is it called? 2. How broad can this be interpreted? 3. Ancillary to agriculture? 4. Retail to restaurant? • Supporting documentation is needed • Suggest the applicant consult legal opinion on answering #1 under a Use Variance. MOTION by Arthur Stewart to CONTINUE 12-06 Francis Guiliano 3044 Main Street, Map 13 Lot 34-2, within the R-M zoning district to provide limited food and beverage service at the property noted above until March 13th Second by Brian Harrison VOTE: 5-0-0 Next Meeting: Tuesday, March 13, 2012 at 7:00 PM Motion made by Arthur Stewart to adjourn Second: Brian Harrison VOTE: 7-0-0 Resp fully submiited, // ilyn Mooers • -cording Secretary ZBA Minutes 02-14-12