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Home My Public Portal AboutZoning Board of Appeals -- 2013-01-08 Minutes Date approved February 12. 2013 Vote: 6-0-2 TOWN OF BREWSTER " ))1 ZONING BOARD OF APPEALS Meeting Minutes January 8, 2013 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Bruce MacGregor, Paul Kearney, Brian Harrison, and John Nixon Attending Audience Members: Sue Leven (Brewster Town Planner), Rick Judd and Jason Klump (Planning Board members) OLD BUSINESS Minutes Motion made by Paul Kearney to ACCEPT the Minutes of December 11, 2012 as presented. Second made by John Nixon VOTE; 5-0-0 13-01. Eastward MBT LLC, (represented by Attorney George B. Cavanaugh), 15 Cape Lane, Map 84 Lot 56-0 (previous Map 42 Lot 2-5) in the RM and CH zoning districts. The applicant seeks a Special Permit and a Variance under MGL 40-A and Brewster Bylaw 179- 5-e or 179-52 to construct a single family home on an undersized lot Members hearing this case; Brian Harrison, John Nixon, Paul Kearney, Bruce MacGregor and Phillip Jackson Attorney George Cavanaugh was present with Ms. Susan Ladue and Mr. William Marsh. Mr. Cavanaugh presented a diagram of what Mr. Marsh is trying to do with this property. They are looking for a Variance and a Special Permit; Variance to request 47,000 sf lot rather than 60,000 required for residential home and Special Permit because the lot is in two separate zoning districts (use for the entire lot) Justification Variance • Lot purchased in 2004 • Subdivision contains 2 commercial lots the rest is residential • Two lots are vacant • Could construct and 8,500 sf office building with 35 vehicle parking lot • Instead: single family home and driveway • Commercial market is in a down cycle thus would like to consider this residential • Neighborhood is 50% residential Questions of the Board • 2 homes there built after the subdivision/zoning was there for quite a while • Determine if meet 4 conditions for a Variance • Letter from Victor Staley stated "a statement of zoning" • Struggling with criteria of hardship • Shape is unique OPEN,to PUBLIC INPUT • No one spoke to this application Motion by John Nixon to CLOSE to PUBLIC INPUT. Second by Brian Harrison. ZBA Minutes 01-08-13 VOTE; 5-0-0 Discussion • '', Benefit to Brewster to keep Commercial districts • Does not meet all criteria • Been commercial for 35 years • Rest of the area is residential • Not unique to shape Request by Attorney Cavanaugh to WITHDRAW the Variance and Special Permit MOTION by John Nixon to withdraw the Special Permit and the Variance w/o prejudice as requested. Secohd. by Brian Harrison VOTE; 5-0-0 13-02 Joseph M. and Donna B. Potts (represented by Attorney Andrew Singer), 155 Lower Road, Map 37 Lot 40 (previous Map 19 Lot 76), in the RM zoning district. The applicant seeks a Special Permit under MGL 40-A and Brewster Bylaw 179-25B to change, extend or alter a pre-existing, nonconforming, single family dwelling within the Wetlands Conservancy District. Members hearing this case; Brian Harrison, John Nixon, Paul Kearney, Bruce MacGregor and Phillip JacksOn Attorney Andrew Singer and Mr. Joseph Potts were both present for this application. • Mr. Singer discussed the "Summary of Reasoning and Photos" that were presented with the application • ' Existing is a 4 bedroom home with a garage, to be replaced with 4 bedrooms with a 2 car garage. • House is non-conforming • Within the Walpole soils district • Conservation Commission has issued an Order of Conditions • Conforms to all zoning regulations except the type of soil • Not substantially more detrimental to the neighborhood • Lower Road is the front yard • No change in use, number of bedrooms or height • Old Kings Highway approved with a change in roof pitch Questions • Will the raised septic remain the same? YES • I Were soils samples done on the spot? Mr. Jim Haggerty from Reef Construction spoke that holes and sifting done within the last few months. • Seems pretty straight forward OPEN to PUBLIC INPUT • Attorney Paul Revere (representing abutter Dion Dugan) spoke as to Mr. Dugan's concerns; o Flood plan and soils conservancy districts o Not Gale vs. Gloucester o Not pre existing o Flood plain through the proposed addition o Another local Special Permit (06-37) required to stay within the footprint o Soils should not be additionally disturbed o This application intensifies the use of the property and it substantially more detrimental to the neighborhood o Needs a Variance , does not qualify for Special Permit • Dion Dugan (abutter) ZBA Minutes 01-08-13 o Sizably larger home; a "Mc Mansion" o Opens Pandora's box o Should stay within the footprint • Andrew Singer - o Special Permit request; according to the Zoning agent o Cons Com order of conditions granted to protect the area/approved and recorded o Maintains the setbacks o Approved by HDC • Mr. Dugan o Proposed garage is well within the flood plain area • Mr. Singer o Garage slab is 2 feet above the flood plain Motion by Brian Harrison to CLOSE to PUBLIC INPUT. Second by John Nixon. VOTE: 5-0-0 Thoughts • Conservation Commission has done a thorough job • The building code handles flood plain elevation numbers • Comfortable with this Special Permit • It has been noted the building is larger and required mitigation (Cons Corn) • The slab is bigger • ', Thanks to all contributing Boards/Committees and Departments for comments MOTIQN by Paul Kearney to approve/grant a Special Permit to change, extend or alter a pre- 4 existing, nonconforming, single family dwelling within the Wetlands Conservancy District as requested. A revised set of plans will be submitted. Second by John Nixon VOTE: 5-0-0 13-03 Steven Tupper, (represented by Attorney Benjamin Zehnder), 0 Olde Owl Pond Road, Map 137 Lot 75 (previous Map 31 Lot 17), in the RM and RR zoning district. The applicant seeks an Appeal of the Zoning Agents decision or in the alternative a Variance under MGL 40-A and Brewster Bylaw', 179-52 section 26-D and/or table 2 to construct a single family home Members hearing this case; Brian Harrison, John Nixon, Paul Kearney, Bruce MacGregor and Phillip Jackson Mr. MacGregor declared Mr. Zehnder represents him in another matter, Mr. Zehnder was present but Mr. Tupper was presenting his material. } They presented a document of deed history for the lot in question. • Mr. Tupper stated they would prefer Conservation Commission be taken care of before the Zoning Board • Cons Corn was being heard tonight as well • New information is good • Appropriate to present issues then ask for a Continuance? Mr. Tupper presented the follow ing overview; • Lot in family ownership since 1985 • Active cranberry bog • Specific issue; isolated lot exemption • Maps prior to 1960 show legal frontage • Other option; agricultural exemption; primary use is agriculture • Panhandle lot exemption - frontage 30 feet. • 55 feet on Vesper Pond Drive for legal access but not actual access • Reference in the building permit application ZBA Minutes 01-08-13 .44 • Variance: o Straight forward with frontage on Vesper Pond Drive o Dirt Road Bylaw exemption • Appeal of Zoning Agent o 1960 Bylaw; isolated lot o Access reasonably safe, received from Fire Chief • Issue of lot merger; locus owned by parents (2), lot next door (by husband), not common control ownership. • Non-conformity cannot be cured • 90% in RM district, 10 % in RR (60,000 sf with 100 foot frontage) • Progression of land Questions • 5 acres? NO • Road is sufficient? • What if lots merge? OPEN to PUBLIC INPUT • Francine Whittikar- concern of another house on the pond. What would agriculture do to this pond? • Ralph Tupper- bog has been used currently and historically, no change • Susan Searles- is the frontage on Vesper Pond Drive? (Leave PUBLIC INPUT OPEN) Attorney Zehnder requested a CONTINUANCE to the February 12, 2013 meeting MOTION by John Nixon to CONTINUE 13-03 (Tupper) until February 12, 2013 Second by Brian Harrison VOTE; 5-0-0 13-04 Claire + Paul Blumenfeld, (represented by David A. Lyttle PLS; Ryder + Wilcox) 106 Partridge Circle, Map 102 Lot 55 (previous Map 09 Lot 22), in the RM zoning district. The applicant seeks a Special Permit under MGL 40-A and Brewster Bylaw 179-25 B for an addition to a home on a pre-existing lot lacking street frontage and a second floor dormer that would be within the proper side setback limitations. Dave Lyttle (engineer/Ryder and Wilcox) and Russ Carver (Contractor) represented Mr. and Mrs. Blumenfeld. Mr. Lyttle gave an overview; • Road never laid out • Lacks legal street frontage • Dormer within 10 feet of side setback (7'6") • Does not increase any non-conformity • 4 bedrooms remain • Title V done in 2008 • BOH granted a Variance of 14 feet rather than 20. • Height will go up 10 inches • Total coverage from 7.8% to 13.1% (within the 25% total) • In keeping with other homes in the neighborhood 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 ZBA Minutes 01-08-13 MOTION by John Nixon to APPROVE the Special Permit as presented Second by John Nixon VOTE: 5-0-0 Next Meeting: Tuesday, February 12, 2013 at 7:00 PM MOTION to adjourn by Brian Harrison Second by John Nixon VOTE: 5-0-0 Respectfully submitted, :� ,// Maril n ooers, Rec•Q•ing Secretary ZBA Minutes 01-08-13