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Home My Public Portal AboutZoning Board of Appeals -- 2012-08-14 Minutes Date approved October 9. 2012 Vote 7-0-1 t ' TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes /�' August 14, 2012 _ ` ___ Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Arthur Stewart, Sarah Kemp, Bruce MacGregor, Leslie Erikson, Paul Kearney, John Nixon and Patricia Eggers. Members missing: Brian Harrison Attending Audience Members: Sue Leven (Town Planner), Elliott Carr, Elizabeth Taylor, Don Keirnan and Peter Johnson. OLD BUSINESS Minut Motion made by Arthur Stewart to ACCEPT the Minutes of June 12, 2012 as presented. Second made by Patricia Eggers VOTE: 8-0-0 g NEW BUSINESS 12-19 Andrea Hilley, 2074 Main Street, OLD Map 16 Lot 66, (NEW Map 67 Lot 86) in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25B i to construct an addition to a pre-existing, non-conforming two-family dwelling Members hearing this case; Stewart, MacGregor, Nixon, Kearney and Jackson Mrs. Andrea Hilley and her son Christopher Hilley were present. 1 Christopher Hilley gave a brief overview. He and his family are sharing the home with his mother. Andrea is currently living in a basement apartment and would like to add another room. The home was bought 33 years ago with the apartment already there. Apartment is now a 20' x 20' space; they would like to extend an additional 20' off back. A second floor addition is proposed (12' x 20') for an office and bathroom. A new set of stairs is to be added. Same number of kitchens and bathrooms as now No closer to setbacks Not built under"in-law apartment bylaw" 1 Health Department has NOT approved this yet. May need an update. Zoning agent letter indicates another unit on the property as an accessory dwelling (with a kitchen) 24' x 21'. This was there when purchased, still occupied. i Discussion • Need a complete site plan with all buildings and septic Open to Public Input • No comments MOTION by John Nixon to close to public input. Second by Arthur Stewart. VOTE: 5-0-0 ZBA Minutes 08-14-12 tormommosow Thoughts • Pre-zoning/ 3 dwellings on the property • Non conforming; not increasing the nonconformity, not detrimental to the neighborhood • Scaled drawing needed to indicate meet setbacks • Simple case of Special Permit • Subject to BOH approval MOTION by Arthur Stewart to GRANT a Special Permit for application 12-19 to construct an addition to a pre-existing, non-conforming two-family dwelling as provided with plans and testimony. Conditions; must provide new site plan with setback and BOH approval. Second by John Nixon VOTE 5-0-0 12-20 Carol Wilson Garvey, 122 Brier Lane, OLD Map 19 Lot 46-1 (NEW Map 48 Lot 51) in the RM zoning district. The applicant seeks an Appeal of the Zoning Agents decision or in the alternative a Special Permit and/or a Variance under MGL 40A, Section 8 and 15 to add a kitchenette to an existing barn for seasonal use Members hearing this case; Stewart, MacGregor, Nixon, Erikson and Eggers. Dr. Carol Garvey gave a brief overview of this application; They have owned the property since 1986. Received a Special Permit in 2001 for an accessory apartment but never completed this unit, thus it expired. They were unaware of the expiration time Would like to re-establish the Special Permit; to be used seasonally Need a small food preparation area Discussion • Bylaw was changed from Accessory Apartment to AADU several years ago; The previous Bylaw no longer exists. • Site plan would have been helpful • 2nd floor to the end of the barn • Not extending the barn at all • There are utilities there already • for an AADU unit you must be a year round resident. Open to Public Input • Genevieve Mijaka- concern as to who lives in that house. Two names and numbers on the mailbox. Is it a permanent resident or summer only? • pr Garvey- seasonal use, not heated. Person occupies the main house in the winter (Oct-May). Occupant is a general caretaker of the properties • Chris + Joe Williams- letter read into the record (supportive) MOTION by John Nixon to close to public input. Second by Patricia Eggers. VOTE: 5-0-0 Further Discussion • Cannot be a Special Permit; not an affordable unit, does not meet Bylaw criteria • Cannot be an Appeal of Zoning Agents Decision as the 2001 permit has expired MOTION by Arthur Stewart to DENY 12-20 Appeal of Zoning Agents Decision and Special Permit. Second by John Nixon ZBA Minutes 08-14-12 VOTE 5-0-0 • Variance is difficult to obtain- must meet all 4 criteria • Doesn't meet all criteria (no topographical issues) • Zoning Board has nothing to do with tenants • If 60,000 sq. feet could proceed by right; not enough for 2 units • A real leap to approve as a Variance Request by Ms. Garvey to WITHDRAW Variance w/o prejudice MOTION by John Nixon to WITHDRAW Variance w/o prejudice for 12-20. Second by Patricia Eggers. VOTE 5-0-0 12-18 Bandar Development LLC, 115 Winstead Road, Map 49 Lot 8-112 within the RL zoning district. DISCUSSION to allow reconsideration of height restriction (from previously allowable 75' to as-built 75.6'). Members hearing this case; MacGregor, Eggers, Kemp, Jackson and Kearney Dave Bennett and Hamy Bandar presented the request • Reconsideration of height; not a big difference • Nothing else has changed • Original septic plan indicated 71.5 • Height restriction to top of foundation 75.0 feet • Now the foundation is 6" higher than what was granted • Unusual topography and building envelope • Sits below street level but in tune with the neighborhood Open to Public Input • No comments MOTION by Patricia Eggers to close to public input. Second by Sarah Kemp. VOTE: 5-0-0 MOTION by Paul Kearney to modify 12-18 to accept additional height to 75.5 feet. 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 case; Kearney, Stewart, Jackson, Eggers and Erikson Attorney Ben Zehnder represented Mr. Swanson. Mr. Swanson was present. REQUEST TO WITHDRAW VARIANCE and SPECIAL PERMIT by Attorney Zehnder Seek an Appeal of the Zoning Agent decision. Overview • Seeking lot buildability • Vacant lot, pre-existing and non conforming under 40A-6; continues to retain this state • Brewster Bylaw in 1960 was building lot size 5000 squre feet, 50' frontage on a public or private way • Lot was created before Bylaws • Not a dirt road Bylaw- not 5 acres • Title rundown has been done ZBA Minutes 08-14-12 • Not changed convenience or description- isolated • No definition of street in 1960 • 1971 street defined with certain characteristics • Clark v Wagnor cannot apply • Safe and reasonable access • Punkhorn agreement (page 22) • Homes on either end • Road is clearly used by vehicle • No building is being assessed • These types of lots need a specific set of criteria • Will make improvements to the road to meet Fire Department criteria for sign-off Open to Public Input • Susan Leven (Brewster Town Planner)- Fire Department guidelines are different from subdivision guidelines. Lot is considered vacant (cottage there previously has ceased to exist), and there is a Management Plan for the Punkhorn to be considered. • pon Keirnan- Resident of Brewster and Trustee of Brewster Conservation Trust 1. To what extent are road improvements? Full road length. What to be expected from DPW or energy services? 2. If Fire/Police determine width of road issue; what is the easement allowance that goes with that property? Private property rights to be addressed. • Phil Jackson requested re-soliciting comments from all Departments • Continue heading for Board to review all attachments presented by Attorney MOTION by Arthur Stewart to Continue until September 11, 2012 at 7:00PM. Second by Patricia Eggers. VOTE 5-0-0 Re Organization of Zoning Board of Appeals MOTION by John Nixon to keep the leadership the same as FY2012 for FY 2013 (Chair-Phillip Jackson, Vice-Chair- Arthur Stewart) Second by Paul Kearney VOTE: 7-0-0 Next Meeting: Tuesday, September 11, 2012 at 7:00 PM MOTION to adjourn by Patricia Eggers Second by John Nixon VOTE: 7-0-0 Respectfully submitted, Marilyn Mooers, Recording Secretary ZBA Minutes 08-14-12