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Home My Public Portal AboutZoning Board of Appeals -- 2013-02-12 Minutes Date approved March 12, 2013 Vote: 6 0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes February 12, 2013 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Bruce MacGregor, Arthur Stewart, Paul Kearney, Sarah Kemp, Brian Harrison, Les Erikson, and John Nixon Member missing: Patricia Eggers Attending Audience Members: Sue Leven (Brewster Town Planner), Sarah Turano-Flores (Town Counsel), James Gallagher (Conservation Administrator), Peter Johnson OLD BUSINESS Minutes Motion riiade by Les Erikson to ACCEPT the Minutes of January 8. 2013 as presented. Second made by Paul Kearney VOTE: 6-0-2 12-24 Darryl+ Leann Swanson (property owned by Joseph A Bassett, Trustee), represented by Attorney Benjamin Zehnder, 0 Punkhorn Road, current Map 50 Lot 26 (previous Map 03 Lot 87), in the RR zoning district. The applicant seeks a Special Permit under MGL 40A-6 and Brewster Bylaw 179-75 to construct a single family dwelling on a non-conforming lot. Continued from December 11, 2012 Members hearing this case; Brian Harrison, John Nixon, Paul Kearney, Arthur Stewart and Phillip Jackson Attorney Benjamin Zehnder represented Mr. and Mrs. Swanson. Revisit prior information; • Initially asking for determination on isolated lot (40A section 6) which was denied by Zoning Agent • Determination of"structure" on the property • Amend to include Special Permit • Zoning Agent determined abandoned building lost grandfather status (letter dated 01-22-13) • Building is a "camp site"/ no fixed utilities • Asking for ZBA to consider as a vacant lot. Then entitled to building permit under 1960 Clark v Wagnor for buildability • Other Special Permit would be withdrawn if Appeal is granted Questions • Only used as a camp? Mr. Zehnder presented information that stated it was built and occupied • What is the definition of"occupied"? No definition • Letter of 11-2-12 from Town Counsel • Question of intent; "only one bite of the apple", trailer/tent NOT buildability of lot • If declared a vacant lot; then it has buildability, then APPEAL OF THE ZONING AGENR DECISION • If'abandoned then SPECIAL PERMIT if meets the 3 criteria • Applicant presented information regarding past use of property • What standards; 1) at least 50 foot frontage, 2) 5000 square foot lot and 3) reasonable and safe access • Comments from Cons Corn, Natural Resources, DPW, Brewster Conservation Trust • Original owner stated a "seasonal summer camp" • Residents all along, all access to Punkhorn Road from Route 124 Harwich side. • Cover letter indicates how to approach this; 3 critical areas ZBA Minutes 02-12-13 OPEN TO PUBLIC INPUT • Sarah Turano-Flores- whether the lot is vacant? 40A section 6, if lot is vacant. No definition of vacant. Willard, Delaney and Glidden (land court case in 1997) issue of vacancy. Slab and 1/2 wall; land court determined it was vacant. • Ben Zehnder-Tax roles stopped treating it as vacant land. 1) Is it vacant, 2) 50 foot frontage and 3) safe and reasonable access Jarpes Gallager(Conservation Administrator)- If vacant it will need a Special Permit? If never developed is there buildability? If dwelling; replace /raze. Victor said it didn't meet frontage • Conservation Commission comments- lot is located in the Punkhorn, Zone 2 area, all sides are protected land, if developed it would fragment the 900 acres. As an abutter, Conservation Commission DOES NOT support a building permit. Road aspect; Cons Corn owns land to each side and will NOT GRANT PERMISSION. REMAIN OPEN TO PUBLIC INPUT • Bo Zehnder-Respond to Conservation Corn. Punkhorn is open for public access, reasonably safe and convenient (width, grade and resurfacing) Ask the Board to consider vacant or not. Sense of the Board • no case law regarding "vacant • We should take a look at the road and buildings • No one maintains that road • Most enter through Harwich side/ 2 houses in Brewster • Were not given permission to maintain the road • NOt inviting people in; park and walk is the expectation Resolve; • Visit the site • Address the vacancy • Sue Leven- bottom line; vacant or not vacant • Sarah Turano-Flores- suggest a site visit, looking at access and abandonment Board, Applicant and Attorneys agreed upon; Site visit: Friday, February 22, 2013 at 3PM next hearing date: Monday, February 25, 2013 at 7 PM Both to be posted MOTION by Arthur Stewart to Continue this application to Monday, February 25, 2013 at 7 PM. 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 Steven and Stephanie Tupper were present along with their lawyer Attorney Benjamin Zehnder. Mr. Tupper gave an update since the last meeting; • Conservation Commission approved with some minor changes to site plan (moved the placement of the house), removed one porch, driveway eliminated within 50'. Road around the bog will stay. Putting together a final Order of Conditions • Board of Health (approved); septic upgrade, drip dispersion system • Looking for 1) isolated lot or 2) agricultural exemption. Discussion ZBA Minutes 02-12-13 • Good case for isolated lot • What is Town Counsel opinion of common ownership? Has not come up • Frontage; 55' on Vesper Pond Drive, meets standards of 1960 and has reasonable and safe access OPEN TO PUBLIC ACCESS • Jim Gallagher(Conservation Administrator) - Cons Com reviewed this application on February 5th, hearing continued until February 19th to draft a favorable decision. MOTION by Brian Harrison to Close to Public Input. Second by Paul Kearney VOTE: 5-0-0 Further Discussion • Meets requirements of 40A Section 6 } MOTION',by John Nixon to Overturn the Zoning Agents Decision regarding case 13-03 under MGL 40A section 6. VOTE: 5-0-0 MOTION by John Nixon to accept the request for WITHDRAWAL of Variance for application 13-03. Second by Paul Kearney. VOTE: 5-0-0 13-05 3. Francis and Michelle A. Lavalle (represented by Attorney Roger V O'Day), 336 Lower Road, Map 49 Lot 1 (previous Map 19 Lot 27), in the RM zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25-B to alter/extend a pre-existing non-conforming property to add an accessory pool side structure. Members hearing this case; Brian Harrison, Paul Kearney, Bruce MacGregor, Les Erikson and Sarah Kemp. Attorney Roger O'Day represented Mr. Lavalle. • HOC was continued and must be heard • Conservation Commission approval must be applied for as per Victor Staley's referral letter • Attorney O'Day asked for a CONTINUANCE until the other 2 issues have been addressed MOTION by Paul Kearney to CONTINUE 13-05 until March 12, 2013. Second by Sarah Kemp. VOTE: 5-0-0 Next Meeting: Tuesday, March 12, 2013 at 7:00 PM MOTION to adjourn by Paul Kearney Second by Sarah Kemp/Brian Harrison VOTE: 6-0-0 Respectfully submitted, L� Marilyn Mooers, Recording Secretary ZBA Minutes 02-12-13