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Home My Public Portal AboutZoning Board of Appeals -- 2012-12-11 Minutes Date approved January 9, 2013 Vote: 5-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes December 11, 2012 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Arthur Stewart, Sarah Kemp, Bruce MacGregor, Paul Kearney, Leslie Erikson, Brian Harrison, John Nixon and Patricia Eggers. Attending Audience Members: Sue Leven (Brewster Town Planner), Peter Johnson. OLD BUSINESS Minutes Motion made by Arthur Stewart to ACCEPT the Minutes of October 9, 2012 as presented. Second made by Paul Kearney VOTE:;9-0-0 CONTINUED BUSINESS 12-22 Marilyn deRuyter, 220-224 Black Duck Cartway, current Map 20 Lot 27 (previous Map 38 Lot 87), in the RR zoning district. The applicant seeks to amend a previous decision (88- 25 and/or seek a Special Permit under MGL 40A-9 and Brewster Bylaw 179-42-1 to re-classify a pre- existing in-law apartment as an affordable accessory dwelling unit. Members hearing this case; Brian Harrison, John Nixon, Paul Kearney, Leslie Erikson, and Patricia EggerS. Mr. Paul deRuyter represented his wife (Marilyn deRuyter) He gave a brief description of this application; 2 part application- either amend the previous Special Permit (88-25) or a new Special Permit under Brewster Bylaw AADU. Original was issued 25 years ago but never acted upon. Mr. deRuyter will defer to the Zoning Boards decision as to which way he should proceed. Discussion • AADU is less problematic • Old Bylaw no longer in existence and applicant did not act upon the issuance within the prescribed period of time • AADU is pretty straight forward • Applicant has completed the checklist Open to Public Input • No one spoke to this application MOTION by Brian Harrison to Close to Public Input, Second by Paul Kearney. VOTE: 5-0-0 Further Discussion • Straight forward for AADU • Meets all requirements • No issues Mr. deRuyter request a WITHDRAWAL of the Amendment to the previous (88-25) Special Permit. ZBA Minutes 12-11-12 MOTION by John Nixon to WITHDRAW the Amendment to the previous (88-25) Special Permit. Second by Patricia Eggers. VOTE: 5-0-0 MOTION by John Nixon to GRANT a Special Permit as applied for reclassifying as pre-existing under AADU Bylaw. Second by Patricia Eggers. VOTE: 5-0-0 12-08 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; Phillip Jackson, Arthur Stewart, Brian Harrison, Patricia Eggers and Leslie Erikson. Darryl,Swanson and Attorney Benjamin Zehnder were present representing this application. Request by Attorney Zehnder, upon discussion with Brewster Town Counsel, to CONTIUNE until January 11, 2013. MOTION by Arthur Stewart to CONTINUE 12-08 and 12-24 until January 8, 2013. Second by Brian Harrison. VOT: 5-0-0 12-23 Benjamin + Jennifer Gannett/Brewster Dunes, 92 Ocean Street Extension, Unit #7, current Map 90 Lot 45 (previous Map 41 Lot 150), in the RM zoning district. The applicant seeks s Special Permit under MGL 40A-9 and Brewster Bylaw 179-25B to demolish and rebuild a single family;residence. Members hearing this case; Arthur Stewart, Brian Harrison, Bruce MacGregor, John Nixon and Sarah Kemp. Mr. Gannett was present to answer for this application. He gave a brief overview; This property is part of the Brewster Dunes coop. Brewster Conservation has heard this applicant and has issued an approved order of conditions. Brewster COOP community has approved this change as required. It is beck from the original footprint (7-9 feet from the dunes) but the exact same size footprint. The house will be build on pilings. Not for rental/ for family use. Questions • Is this the first done like this? Others have been renovated but none moved. • Existing Order of Conditions MUST move it off the dunes. • , Are many year-round residences? Only one, 3-4 are winterized. • No dimension of vertical height? Approximately the same as 2 houses to the right; less than 30 feet. • Full second floor • Outdoor shower removed from these plans • Common septic system; has been certified and inspected • An additional bathroom upstairs • Plans should have dimensional elevations Open to Public Input • ! No one spoke to this application MOTION by Brian Harrison to Close to Public Input, Second by John Nixon. VOTE: 5-0-0 Discussion/Comments • Nice addition to the neighborhood • No problems • Completed all steps ZBA Minutes 12-11-12 • Within the same size footprints MOTION by Brian Harrison to GRANT a Special Permit to 12-23 to demolish and rebuild this home as presented. Second by John Nixon. VOTE: 5-0-0. 12-25 Carol D. + Brian H. O'Hern (represented by J.M. O'Reilly + Associates), 168 Winstead Road, Map 61 Lot 42 (previous Map 49 Lot 8-105), in 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. Attorney William Reilly and Engineer Matt Farrell (J M O'Reilly) represented this client. Attorney Reilly gave an overview; asking for a dimensional Variance due to the topographical feature of a kettle hole on the property. Without this relief the house would not be seen from the road. Asking for raising the foundation even with the road on the south end (between 5.1 and 6 feet) Questions • How are you going about this? Measure from below top of foundation • IA fill issue; conservation issues in the back • Meets all setbacks. Compliant on everything except the height. • Meets all 4 Variance criteria • ! Plans are self explanatory. Open to Public Input • No one spoke to this application MOTION by Brian Harrison to Close to Public Input, Second by Paul Kearney. VOTE: 5-0-0 Final Thoughts • Pretty clear • Meets criteria • Adding fill in the front MOTION by Leslie Erikson to GRANT a Dimensional Variance for 12-25, i68 Winstead Road to construuct a single family home not to exceed 6 feet (66.6 above mean/sea level elevation) as shown on the plans as`assumed data". Second by Paul Kearney. VOTE: 5-0-0. Next Meeting: Tuesday, January 8, 2013 at 7:00 PM MOTION to adjourn by John Nixon at 7:45 PM Second by Paul Kearney VOTE:'9-0-0 Respectfully submitted, • )' � • Marilyn Wooers, Recording Secretary ZBA Minutes 12-11-12 saEwar TOWN OF BREWSTER OFFICE OF C� •'�•• 2198 MAIN STREET BUILDING DEPARTMENT : m BREWSTER,MA 02631 °r ' • a PHONE:(508)896-3701 EXT 1125 ° •. FAH:(508)896-8089 W W W.TOWN.BRE WSTER.MA.US January 8, 2013 Mr. Jay Merchant Gape Sand & Recycling 419 Main Street Brewster, MA 02631 Fie: Property under Cease and Desist Order Identified on Assessors Old Map 45 Lot 70-1 and Portions of Lots 70-2 and 35-2 (New Map 131 Lots 7 and 8 and Map 143 Lot 7 Respectively) Dear Mr. Merchant: Please allow me to reiterate and expand upon our discussion that took place in the Brewster Building Department on Thursday, January 3, 2013 regarding portions of the properties noted above. As we discussed there exists a Cease and Desist upon the property that is identified on al 1991 stamped survey plan that includes portions of the properties noted above. Please note that the property will have to be brought into compliance with the terms of the outstanding Cease and Desist order before further permitting for additional use can be pursued. Furthermore, the property that you describe as the Mayo/Grover property did not have a current certificate of Water Quality Compliance for boat storage nor is there any recognition for the staging of the tree removal equipment and vehicles. Before you can use or affect the properties that you have recently acquired the following items shall be addressed. 1. Obtain a Staff Review pursuant to Brewster General Bylaw Chapter 83 prior to initiating any use of your recently acquired properties. 2. Obtain a Certificate of Water Quality Compliance pursuant to Article XI, Section 61 of Brewster Zoning Bylaws. Historically there was some confusion with property line determinations so please be prepared to support any application with evidence of property ownership. Applications for both items listed above may be obtained from the Planning Department or from the town's website. If I can be of any assistance, please do not hesitate to contact me. ince ely, ctor E. Staley Building Commissioner VS/mt cc: Susan Leven, Town Planner WQRC Kurt W. Hoffman & Aubern Goodwin