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Home My Public Portal AboutZoning Board of Appeals -- 2012-06-12 Minutes qq . .r' ci 11�] r , 6 Date approved Auaust 14. 2012 Vote 8-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes June 12, 2012 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Arthur Stewart, Sarah Kemp, Brian Harrison, Bruce MacGregor, Leslie Erikson, and Patricia Eggers. Members missing: Paul Kearney and John Nixon Attending Audience Members: Sue Leven (Town Planner) OLD BUSINESS y 11 1 c 1 1 1111:1 11I�� III'11 11 ryww3 1 h'I I 1 1 1 1 1 11 Ikl i ° Id�:V 1 1'�II 11 f l 1 1 Iry. a w P "•1IE. I V 7 I I I:,,�,�I 1 f. I:. 1 1 III IJ..,+ n 4 „�� 1 II I r I I I r,rr 1„r,.u, 11�� ', 1 '•1':=y Id 1 I1'II� 1 �.1 ,,z �` d 1 ,�y:�.vI11 41 l 11 �I lull " N 111f11 :,a 11 .1u�11 "1 VIII 1. II II11111111 1 ,1! I�IPr II f4 YI 1�11,4�I11 I�IrI !1 �r. ,,k {�1" -°.sr l�lhlll -�� a "III 11i II�IIF1 II' I 1+" .L�. I 1 I , III III . Motion made by Arthur Stewart to ACCEPT the Minutes of May 18, 2012 as presented. Second made by Patricia Eggers VOTE: 7-0-0 NEW BUSINESS m P m m T� Iw, 1 r �m 1 y r II 1 r+ , ..,..- R r11 ,,, " �.w,r 1 h :1 111 ld, 14f< �L, Ir 1 r_. 5 I 1 G 111 .4 . � 1 _� 1,. , r1� 1 � 1 III 1 I 1 1 {� , .,� 1 9, ......-. . r11, I .,•.. > 1, .911 m .<, ...L. �, � 1 � 1I � ..1...I , „ 11. " a1 4w, . II .. -, 11 � 1 �. 1 1 k ,y � �,.,„y �1�1 I � r ,.I.a "�31 _ 1� I"1,,,G 1 � 1 L,, 11.1 1 1�1,;: 1 +,,i1 � .,.., I � � it 1 ��,.u, 1 11 �., p •, -+ •: I 6u 1 � � .. d I�.,,,,41161 r I I�.,1 IJJ11 ��1� I � �1�.1,111 �� I"a�1�J 1 1 " , ��4"E 1 t. 1:a11 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 August 14, 2012. Second made by Patricia Eggers VOTE: 7-0-0 ®� _P'�h dP '11:7 ,, 1 rK:".,L. 1 1m"1.11 1"Ifl ::•�1 a - ,!1 ,' 'alrl r" 1 1llm I'll "r 1.41: 1 fti P 111' P1+I "id:-' . sr!1111 1 1" �, 1 I i��..I . 11V 111111 6,1 .1 arr 1 6„ { 1 4",4 il, , , .,_,� 1 1 ra, 1 1 1 ,e,,w, . I II ,1 , � , 1 r r ,I 161 shV, " 1 , ['1 , n II , 1, ,� .,r 1 1'1 I 1 I q1111111111111'1'111'11''''' "PUh II,.II�u11�1�f III : ,1 III 1�1 x1111 . "�q^P1Ptl�� r1 ,,1�11 fll,h,�f x. -�" '111 1111., -" ,.1 Ir Ib,="� .. { Ih 111:g_' I { aI111111 r,l,btvrd x1111�� III^�� I r C 12-17 Anna Lombroso (represented by Trevor Kurz, Builder), 93 The Channel Way, Map 4 Lot 49 within the RM zoning district. The applicant seeks a Special Permit and or an Appeal of Zoning Agents Decision under MGL 40A-9 and Brewster Bylaw 179, section 6 (Wetland Conservancy District) and 25-B to demolish and rebuild a dwelling within the same footprint. WITHDRAWAL w/o prejudice. Motion made by Arthur Stewart to WITHDRAWAL w/o prejudice application 12-17. Second made by Sarah Kemp VOTE: 7-0-0 FAO*. , �, 1 :114 a r Ilr l 1 1L1.L�11 m 111 1 I.I 1 1 1 1 1 11 I 61 ,G 1�r I I7 11 11 L 11b10.I I III I � I,N h r 1',:r1 1, ..;7 1'1,.,,111 1 _ 12-15 Marion J. Estabrook (represented by Attorney James B. Stinson), 72 Woodward Road, Map 41 Lot 127 within the RM zoning district. The applicant seeks and Appeal of the Zoning Agents decision or in the alternative a Dimensional Variance pursuit to MGL 40A, 8, 10 and 15 and Brewster Bylaw 179-52 regarding a side setback encroachment for an already constructed garage. Members hearing this application: Bruce MacGregor, Brian Harrison, Arthur Stewart, Leslie Erikson and Patricia Eggers Overview by Attorney Stinson ZBA Minutes 06-12-12 Marion Estabrook is the Trustee of the property. Hank Estabrook was present with Attorney James • Stinson representing the applicant. • Plan was developed in 1965 • Home was constructed in 1975 • Detached garage was built in 1994 with approved building permit • The Easterbrook's purchased this property in 2008 • Now they would like to add a lavatory and finish the second floor of the garage as a rec room • The Northwest corner is 18.8 from setback of 20 feet (1.2 encroachment) • The Zoning Agent gave the home owner several means of compliance; land swap, Dimensional Variance or Overturning ZA decision. • Not doing anything other than finishing the 2nd floor; actual walls will be 22 feet from setback. Knee walls all located within the conforming structure. • This is an "accessory building" under the definition Board Questions • Does the lavatory exist now? NO this is added to first floor • Stairs and unfinished 2nd floor exist now • Will BOH determine this as a bedroom? Possibly • New septic to be installed • First floor is entirely non-conforming • Upper level will be more than 20' setback • Not considered a dwelling Open to Public Input • Kenneth Margorian-33 Long Pond Road- no change to the outside envelope, side windows to be added • No other abutter comments MOTION by Brian Harrison to close to public input. Second by Patricia Eggers. VOTE: 5-0-0 Further Comments • In favor of the relief; preferably the Overturn Zoning Agent decision • Doesn't fil the Dimensional Variance criteria • Not adding any volume MOTION by Brian Harrison to OVERTURN the Zoning Agent's decision for application 12-15 to finish a second floor rec room over an existing garage outside required setbacks. Second by Patricia Eggers VOTE: 5-0-0 I„ . � = p, I I L1 I I1{{n . 1 11 1 d,0.� . ' , ,ax -� � � II . x � �� _ i I I d t,h 1 I I II4 Y ,: 1 I J � „ a go mV Lb II , , g , � k . I 12-16 Peter C. and Marsha Malone (represented by Attorney Roger V. O'Day), 1714 Main Street, Map 24 Lot 17 within the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25-B to alter a pre-existing nonconforming use and structure. Members hearing this application: Bruce MacGregor, Brian Harrison, Arthur Stewart, Leslie Erikson and Sarah Kemp Overview by Attorney O'Day Mr. and Mrs. Malone both attended this hearing • This is the Seaport Shutter property • This addition/replacement is at the rear of the property. The building extension that slopes • Intent; one story structure, slightly larger in square footage due to the tie-in to the back wall would cut a window in half. • No further encroachments • Property purchased in 1998, previous garage has been in existence since the 1920's ZBA Minutes 06-12-12 • Both structure and use are pre-existing • Not a change in use, just structure; modification of two previous Special Permits • Proposed addition almost identical as the old bulkhead- fit into existing building • Storage only with a small lavatory • Windows across the back changed slightly • HDC approved • Adequate parking • The current condition of the bulkhead has become a safety hazard Board Questions • Proposed addition meets all setbacks • No product painting within the building? This has moved to a commercial area in Chatham • Is the addition to be sprinkled? Not planned • Is this on grade? Slight basement; build floor and frame • Nice addition • Create another door for employees; to dumpster. This addition blocks dumpster view. Open to Public Input • No abutter comments MOTION by Brian Harrison to close to public input. Second by Sarah Kemp. VOTE: 5-0-0 Further Comments • Nice improvement; both visual and safety • Not a change in use • Amend previous Special Permits; 02-27 and 97-08 • MOTION by Arthur Stewart to GRANT an Amendment to SPECIAL PERMIT 97-08 and 02-27 of structure as per plans submitted. Second by Sarah Kemp VOTE: 5-0-0 .s4. µi rJ G I I .>=:41 n'lemm1o10, :1 * 1 I 1 12-18 Bandar Development LLC, 115 Winstead Road, Map 49 Lot 8-112 within the RL zoning district. The applicant is seeking a Dimensional Variance under MGL 40A-10 and Brewster Bylaw 179- 52 to construct a single family home exceeding the 30' height restriction. Members hearing this application: Bruce MacGregor, Brian Harrison, Philip Jackson, Patricia Eggers and Sarah Kemp Hany Bandar and David Bennett (Bennett Environmental Associates) spoke for this project Overview by Mr. Bennett • Requesting a Variance to height restriction • Victor Staley letter of May 17, 2012 • Plan develop and dated 3-13-12 • Specific "forever wild areas" within this subdivision • This sits in a hole; below elevation of roadway • The topography of the land forces the house location in a specific area • Raise the elevation of grade and raise height of house of proposed grade • Using fill from another property to bring up about 5' • This building design is being used on 5 of 6 lots • Excavation has been done • Septic has been done for a 4 bedroom home • No change to setbacks or forever wild area • No deviation from the original plan. • House meets height restriction • This height is 29.4; all others between 27-28 feet ZBA Minutes 06-12-12 • They are system built homes • Full basements Open to Public Input • No abutter comments MOTION by Brian Harrison to close to public input. Second by Sarah Kemp. VOTE: 5-0-0 Further Comments • Make a lot of sense; nicer living • Textbook case for a Variance; unusual topography MOTION by Patricia Eggers to APPROVE a DIMENSIONAL VARIANCE for application 12-18 as presented by Bandar Development and Bennett Environmental for single family home. Meeting all requirements of variance as presented. Second by Brian Harrison VOTE: 5-0-0 ,11v aW. i Wl "sII ul w 9,�' n,r1�G I i'Y1 W}M�W bh1 HI . 11 1 1 w .'1'1:714P 4 hl ; '11111'0.6I IW s ; Jlv!1p I 1.l .41 v wI I—8;1 1h °s Further Discussion • Discussion re: Conservancy Soil Bylaw • Engineering is now part of the state Building Code • Why was it done originally? • The Town of Brewster has voted twice to keep this Bylaw as it was originally written • ZBA would like a discussion with The Conservation Commission and the Conservation Trust so that they are all on the same page. Next Meeting: Tuesday, AUGUST 14, 2012 at 7:00 PM Motion made by Brian Harrison to adjourn at 8:15PM Second: Patricia Eggers VOTE: 7-0-0 Respectfully submitted, Marilyn Mooers, Recording Secretary M1�a ZBA Minutes 06-12-12 . ..