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Home My Public Portal AboutZoning Board of Appeals -- 2012-03-13 Minutes Date approved April 10, 2012 Vote 8-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes March 13, 2012 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Brian Harrison, Arthur Stewart, Sarah Kemp, Paul Kearney and Patricia Eggers. Members missing: John Nixon, Leslie Erikson and Bruce MacGregor Attending Audience Members: Sue Leven (Town Planner) OLD BUSINESS Minutes Motion made by Arthur Stewart to ACCEPT the Minutes of February 14, 2012 as presented. Second made by Paul Kearney VOTE: 6-0-0 NEW BUSINESS 12-04 Bonnie 3. Newman, 85 Hamilton Cartway, Map 47 Lot 72, within the RL district. The applicant seeks a Variance under MGL 40B and Brewster Bylaw 179-52 to locate a shed within the 20 foot setback from the road. Continuance Members hearing this application: Brian Harrison, Paul Kearney, Arthur Stewart, Sarah Kemp and Philip Jackson Ms. Bonnie Newman represented herself for this application. • Steep and narrow lot • Very few places to place this shed • 20' from the edge of the road and as far back before the land slopes. • Pine Harbor recommends sonar tubes on the back side • Requesting a 8 x 8 shed but can live with a little smaller • Shed cannot be seem from the pond Questions • Has Conservation approved? Verbally talked to Conservation agent;If Ok with ZBA then Ok with them • Can it be moved into driveway area? Need parking area as well. • Cons Com? Need to seek official Cons Com approval. We could approve contingent upon other approval. • Which size is reflected here? 8 x 8 is planned here. • Would the shed be in the road right of way? No, it is past the septic system and that is not in the right of way. Clearly out of the roadway. 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 Discussion • Variance criteria have been met-sloped lot is extreme • Diminimous • No garage for storage • Contingent on Conservation approval • No problem with an 8 x 8 shed with a 13 foot setback plus or minus .5 feet ZBA Minutes 03-13-12 MOTION by Arthur Stewart to APPROVE a Variance for 12-04 Bonnie J. Newman, 85 Hamilton Cartway, Map 47 Lot 72, to place a shed 13 feet +/- 6 inches within the 20 foot setback with the following contingencies; 1. Conservation Commission approval 2. Shed located as shown on plan presented dated 2-27-23(13 feet +/- 6inches Second by Brian Harrison VOTE: 5-0-0 12-07 Phil + Janine Howarth (represented by Donald B. Baker), 36 Crosby Lane, Map 12 Lot 7-26, within the RM zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25B to alter a pre-existing non-conforming structure. Members hearing this application: Brian Harrison, Paul Kearney, Arthur Stewart, Sarah Kemp and Patricia Eggers. Donald Baker (builder) and Attorney Benjamin Zehnder represented the applicant. Mr. Baker gave a brief overview; • Three dormers on the home at 36 Crosby Lane • Dormers fall within the 40' setback thus triggering this Special Permit • This is a pre-existing non-conforming structure; increasing the value of the structure (intensification) Open to Public Input • No one spoke to this issue MOTION by Paul Kearney to close to public input. Second by Patricia Eggers. VOTE: 5-0-0 Discussion • Pretty clear; intensification of non-conformity but not increasing the same. • Not substantially detrimental MOTION by Paul Kearney to APPROVE a Special Permit for 12-07 Phil + Janine Howarth (represented by Donald B. Baker), 36 Crosby Lane, Map 12 Lot 7-26 as presented; to alter a non-conforming structure. Second by Patricia Eggers VOTE: 5-0-0 12-08 Darryl+ Leann Swanson (property owned by Joseph A Bassett, Trustee), 0 Punkhorn Road, Map 50 Lot 26, in the RR zoning district. The applicant seeks an Appeal of the Zoning Agents decision, or in the alternative a Special Permit and/or a Dimensional Variance under MGL 40A, Section 8 and 15 and Brewster Bylaw 179-26-D to establish the lot as buildable. Members hearing this application: Brian Harrison, Paul Kearney, Arthur Stewart, Philip Jackson and Patricia Eggers. Mr. and Mrs. Swanson gave a brief overview; • They would like to purchase this land if it is to be decided buildable; the offer is contingent upon whether they can obtain a building permit • Contacted the Fire Department; given and discussed the guidelines • Lot originally deeded in 1885 (was 5 acres now 2.2) • Brewster Conservation and Brewster Conservation Trust owns all the properties surrounding this lot • This is taxed as developable • There is a pre-existing cottage on the lot; "the Seymour" with no septic ZBA Minutes 03-13-12 • Would disturb as little as possible. Questions • Property is not marked? • Susan Leven (Town Planner) to clarify Victor's letter; road approval is by the Planning Board. ZBA can grant a dimensional variance for 2 acres not 5 as required and/or uphold or overturn the Zoning Agents decision. • Road issue by Planning Board • Variance criteria not in question; only lot size for Dirt Road Bylaw • No criteria that speaks to size • Suggest the applicant get legal advice as to how to continue, or withdraw • Very complicated • Applicant asked for a Continuance MOTION by Arthur Stewart to Continue case 12-08 Darryl+ Leann Swanson (property owned by Joseph A Bassett, Trustee), 0 Punkhorn Road, Map 50 Lot 26 until Tuesday, May 15, 2012. Second by Patricia Eggers. 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. Continuance Members hearing this application: Brian Harrison, Paul Kearney, Arthur Stewart, Philip Jackson and Sarah Kemp. Mr. Guyler asked for a further CONTINUANCE to review letter from Town Counsel dated March 5, 2012, as requested by the Zoning Board. MOTION by Arthur Stewart to Continue case 12-06 Francis Guiliano (represented by Legare W. Guyler, Design/Build), 3044 Main Street, Map 13 Lot 34-2 until Tuesday, May 15, 2012. Second by Patricia Eggers. VOTE: 5-0-0. 12-09 Joel + Susan Silver (represented by John Lonergan), 366 Run Hill Road, Map 36 Lot 55-6 in the RR zoning district. The applicant seeks a Modification to Special Permit 10-14 under MGL 40A and Brewster Bylaw 179-25B to demolish, relocate and reconstruct a pre-existing non- conforming cottage. Members hearing this application: Brian Harrison, Paul Kearney, Patricia Eggers, Philip Jackson and Sarah Kemp. Mr. John Lonergan represented Mr. and Mrs. Silver. Mrs. Silver was present at the meeting. A brief overview was given; • Special Permit was received in 2012 (10-14) • Pre-existing non-conforming dwelling • Excluded one building because no plans were ready • Modification for the cottage • Septic system was designed to handle both buildings • Administrative Review was done by Conservation Commission-approved without restriction Questions • How much bigger than the one to be demolished? 528 sq. ft for original, new cottage is 1012 sq. ft. • What is the setback for the NW corner? Any closed that the old cottage? Went off the same point. Intent no closer than 29 feet. ZBA Minutes 03-13-12 • Existing cottage is 528, is that the footprint? Proposed 1012 and second story is 660; equaling 1672 in living space • Basement? Could be finished; not another level • Number of bedrooms? 2 in current and 2 in cottage 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 Discussion • Concerned about the size but not detrimental • Moving away from the wetlands is positive • Not increasing the use • Design data for the septic; approved by the Board of Health • NOTE: setback from the WEST lot line of the proposed dwelling is to be no closer to the lot line than the existing cottage. MOTION by Paul Kearney to APPROVE a Modification of Special Permit 12-09 Joel + Susan Silver (represented by John Lonergan), 366 Run Hill Road, Map 36 Lot 55-6 with the following condition; setback from the WEST lot line of the proposed dwelling is no closer to the lot line than the existing cottage. Second by Patricia Eggers VOTE: 5-0-0 Discussion; Susan Leven (Town Planner)- release of the opinion letter from Town Counsel to the public upon request. • Someone has requested a copy of this opinion and as it was a request from the ZBA are they willing to share this with others? • The Board unanimously felt this information could be released as requested. Next Meeting: Tuesday, April 10, 2012 at 7:00 PM Motion made by Patricia Eggers to adjourn at 8:26PM Second: Paul Kearney VOTE: 6-0-0 Respec Ily submitted, arilyn Mooers, Recording Secretary ZBA Minutes 03-13-12