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Home My Public Portal AboutZoning Board of Appeals -- 2012-10-09 Minutes Date approved December 11. 2012 Vote: 9-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes October 9, 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, Brian Harrison, John Nixon and Patricia Eggers. Members missing: Paul Kearney. Attending Audience Members: Sue Leven (Brewster Town Planner), Sarah Turano-Flores (Brewster Town Counsel), Victor Staley (Brewster Zoning Agent) OLD BUSINESS Minutes Motion made by Arthur Stewart to ACCEPT the Minutes of August 14, 2012 as presented. Second made by Patricia Eggers VOTE: 7-0-1 CONTINUED BUSINESS 12-00 Darryl+ Leann Swanson (property owned by Joseph A Bassett, Trustee), represented by Attorney Benjamin Zehnder, 0 Punkhorn Road, Map 50 Lot 26, in the RR zoning district. The applicant seeks an Appeal of the Zoning Agents decision under MGL 40A, Section 8 and 15 and Brewster Bylaw 179-26-D to establish the lot as buildable. Members hearing this case; Jackson, Stewart, Harrison, Eggers and Erikson. Darryl Swanson and Attorney Benjamin Zehnder were present representing this application. Last hearing (August 14th) there were specific information requested by the Board; new Department Reviews specific to road improvements, what cottage on property and when did it cease to exist and Town Counsel opinion regarding this issue. Applicant's attorney presented an affidavit from the owner regarding property history. When the property was purchased in 1975 it had a cottage on it. Property has been taxed as buildable. They were told it was developable/residential property Just because the property is in dilapidated state does not mean it is abandoned. } There is reasonable safe access. The public park area that the public is invited to use this land (the Punkhorn) Belief of applicant; Property never abandoned even though the house is in disrepair The road does provide meaningful access for emergency vehicles. This property is grandfathered This property has been under continuous isolated ownership/lot retains it as buildable land Board questions • The cottage has not been used in 30 years • According to the owner this has not been abandoned ZBA Minutes 10-09-12 • Taxes have been paid as a lot with building • The condition of the cottage; not standing today, but you can identify the structure with debris • The Town promotes foot traffic, no reason to drive. If this is promoted we would have to maintain it. • Zehnder-the Punkhorn is promoted not just the roads, to enjoy the entirety of the area. • There is an abandonment issue. • Any written record of the property being "grandfathered" or considered buildable (section 9 of the 10-2-12 affidavit)? Not that attorney is aware of. Open to Public Input Sarah Turano-Flores-discussion regarding what members of the ZBA can hear this application; Paul Kearney is not present thus Mr. Harrison must be able to review the second meeting or Mr. Zehnder and his client can waive the "Mullen Rule: statute. Attorney Zehnder-we will waive this right. Abandonment issue not germane to this appeal. Structure predated zoning. 40.A.6.4 (land remains undeveloped). 40 A.6.1 is for the building (previously non-conforming). Road issue is within the ZBA jurisdiction. Sarah Turano-Flores-memorandum set forth each criteria to consider. Abandonment issue not germane to this appeal. The applicant would have to file under 40A.1.4 and Brewster bylaws the take advantage of pre-existing non conforming. Road under your jurisdiction. Separate inquiry of building permit to be issued. MOTION by Patricia Eggers to close to public input. Second by Brian Harrison. VOTE: 5-0-0 Thoughts • Undeveloped land and how it applies • If denied; no permit by right • Different inquiry for Special Permit Attorney Zehnder requested no finding of fact be established tonight, leaving the Appeal of the Zoning Agents decision open but case continued with an addition application for a Special Permit under 40A 6.1 MOTION by Brian Harrison to CONTINUE as requested (next available date is December 11. 2012). Second by Pat Eggers. VOTE: 5-0-0 12-21 Stuart G and Mary Jo Murphy (represented by J. M. O'Reilly and Assoc.), 161 Center Street, Map 3 Lot 43, in the RM zoning district. The applicant seeks a Special Permit or in the alternative an Appeal of the, Zoning Agents decision and/or a Dimensional Variance under MGL 40A and Brewster Zoning By-law §179-25-B to demolish and reconstruct a single family dwelling on a pre- existing, non-conforming lot and to construct a building that exceeds the 25% building coverage pursuant to Table 3 of the Brewster Zoning By-law. Members hearing this case; Harrison, MacGregor, Nixon, Kemp and Erikson. Attorney William Riley represented the Murphy's with assistance from J. M. O'Reilly and Associates. Mr. Riley gave an overview of this application; In reality this is a Special Permit request. The applicant asked for a WITHDRAWAL of the Zoning Agents Appeal and the Variance. The home was built in 1926 but the area (Brewster Park) was created in 1904 The lot is 14,000 square feet It complies with area setbacks The site size is adequate The new structure does not increase the non-conformity The building does exceed the lot coverage to 26.1% ZBA Minutes 10-09-12 Questions • This pretty self explanatory • New footprint is not the same but the same amount of coverage • Third story building height is for 30'; outdoor deck area on the attic level • Taller than the house to the south by 5' • "VIEW" is not a basis for decision unless specifically protected. • The attic does not add to owners living space • Third level is attic space/storage only (not a bedroom) • Board felt it might be best to scale back the height. • Gale v Gloucester; if no intensification proceed with Special Permit • It is more detrimental because of the small lot size and development impact. • 30 feet height is the maximum; hard to be exact. Tend to agree a little less height • The owner has agreed to reduce the height by 2.5 as well as "attic" conditions • Bathroom on second floor has no tub or shower??? • Are there any neighborhood bylaws that restrict size/height? None known • Brand new approved septic • Need full approval from Board of Health • Complete (new) plans must be submitted. Open to Public Input Ruth Randell- 8 Bradford Road. She feels it is too big and too high for the neighborhood. Surprised that they need 3 levels for a summer home. Letter read into the Minutes from Paulson Trust, 43 Graham Road. Out of scale for the neighborhood but if approved construction must be done by June 1St MOTION by Brian Harrison to close to public input. Second by John Nixon. VOTE: 5-0-0 Thoughts • Design looks like it would fit into the neighborhood • Agreement to scale down the height (2.5 feet lower) and restrict to no bedrooms on 3rd level. MOTION by Brian Harrison to APPROVE the Special Permit with conditions as per agreement with the owner (scale down the height (2.5 feet lower) and restrict to no bedrooms on 3rd level). Second by Leslie Erikson. VOTE: 4-1-0 (Kemp against) Next Meeting: Tuesday, January 8, 2013 at 7:00 PM MOTION to adjourn by Patricia Eggers at 8:30 PM Second by Sarah Kemp VOTE: 8-0-0 Respectfully submitted, Marilyn Mooers, Recording Secretary ZBA Minutes 10-09-12