HomeMy Public PortalAboutZoning Board of Appeals -- 2012-05-15 Minutes •
Date approved June 12, 2012
Vote 7-0-0
TOWN OF BREWSTER
ZONING BOARD OF APPEALS
Meeting Minutes
May 15, 2012
Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip
Jackson, Arthur Stewart, Sarah Kemp, John Nixon, Leslie Erikson, and Patricia Eggers.
Members missing: Paul Kearney Brian Harrison, Bruce MacGregor
Attending Audience Members: Sue Leven (Town Planner)
OLD BUSINESS
Minutes
Motion made by John Nixon to ACCEPT the Minutes of April 10, 2012 as presented.
Second made by Patricia Eggers
VOTE: 6-0-0
NEW BUSINESS
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.
Motion made by Arthur Stewart to CONTINUE application 12-08 until June 12, 2012.
Second made by John Nixon
VOTE: 6-0-0
12-14 Lucas Dinwiddie, 3915 Main Street, Map 30 Lot 42-68 within the RM zoning district.
The applicant is seeking an Appeal of the Zoning Agents Decision or in the alternative a Special Permit
or a Variance under MGL 40A, Section 9/10 and Brewster Bylaw 179-51/52 to allow an agricultural use
of"farm-to-table" within a Medium Density zone.
Motion made by Arthur Stewart to WITHDRAW w/o prejudice application 12-14
Second made by John Nixon
VOTE: 6-0-0
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12-10 Margaret Putnam (represented by Attorney James P. O'Brien PC), 124 Yankee Drive,
Map 26 Lot 157 in the CH 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 179-51+52 to build a pool and spa within the 25 foot setback.
Motion made by Arthur Stewart to WITHDRAW w/o prejudice application 12-10
Second made by Leslie Erikson
VOTE: 6-0-0
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
ZBA Minutes 05-15-12
15 and Brewster Bylaw 179-52 to provide limited food and beverage service at the property noted
above.
Motion made by Arthur Stewart to WITHDRAW w/o prejudice application 12-06
Second made by Sarah Kemp
VOTE: 6-0-0
12-12 Mark and Dona Finocchio (represented by Attorney Jonathon D. Idman), 108 Fiddler's
Lane, Map 18 Lot 50 in the RM zoning district. The applicant seeks a Variance under MGL 40A-10
and Brewster Zoning Bylaw 179-26 for after-the-fact authorization to allow existing residence and
garage within the minimum 30 foot street setback and to alter and /or extend the residence and
garage.
Members hearing this application: Leslie Erikson, John Nixon, Sarah Kemp, Patricia Eggers and Phillip
Jackson
Attorney Jonathan Idman represented the Finocchio's
Mr. Finocchio was present at the hearing.
A brief review of the past hearing was given by Attorney Idman.
• Seeking a Variance
• House and garage were located within the 30' setback
• Variance required for anymore alterations
• Approve alterations-plans presented today (representative of footprint)
• Level of detail missing at this point, more detail to be worked out before going to Health and
Conservation
• AADU unit NOT being requested or applied for
• Must go to BOH if approved here, 5 bedroom system today
Board Questions
• Except for the connector; the house and garage are the same with a 1 story addition to the
back
• Existing 29 feet to the deck (South side). No change.
• Prior documentation from Board of Health; no addition in number of bedrooms
• Major upgrade on a sensitive piece of land.
Open to Public Input
• No one spoke to this issue
MOTION by Patricia Eggers to close to Public Input. Second by John Nixon. VOTE: 5-0-0
Further Discussion
• Most problems stem from the previous owners/permits not acceptable
• Finocchio's are victims of a bad set of circumstances
• Setback in question; measured from the wrong point in the road
• Look at a less comprehensive way
• Looking at the 4 specific criteria; existing building is the uniqueness
• First criteria is peculiar to land or effected structure
• Granting a variance for something in existence to allow further permits to be applied for
• House and garage are legal
• Specific to shape, size or topography of land OR structure on the site- peculiar
• Changes do not affect the setback
• Other footprint stays the same.
• Granting this does not make the lot legally nonconforming. It is legally noncompliant
• Future permits will be under Variance criteria
• Any further changes will have to come back to the ZBA for Variance even if within compliant
setbacks.
• AADU, if Bylaw is changed, could go forward as a Special Permit.
ZBA Minutes 05-15-12
• Plans to be referenced as C101, dated May, 2012 as conceptual site/plot plan
• ZBA must have a final set with architectural detailing after approval from Old Kings Highway
prior to issuance of Building Permit
MOTION made by John Nixon to APPROVE a Variance with 2 parts for Mark and Dona Finocchio
(represented by Attorney Jonathon D. Idman), 108 Fiddler's Lane, Map 18 Lot 50 in the RM zoning
district. under MGL 40A-10 and Brewster Zoning Bylaw 179-26 for after-the-fact authorization 1) to
allow existing residence and garage within the minimum 30 foot street setback and 2) to alter and /or
extend the residence and garage. Subject to Board of Health, Conservation Commission and Historic
District Commission approval. Complete and final site and plot plan as well as architectural drawings
must be presented to the ZBA before a building permit is issued.
Second by Patricia Eggers.
VOTE!: 5-0-0
Next Meeting: Tuesday, June 12, 2012 at 7:00 PM
Motion made by Patricia Eggers to adjourn
Second: John Nixon
VOTE: 6-0-0
Respectfully submitted,
/ I
Marilyn ooers, Recording Secretary
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ZBA Minutes 05-15-12