HomeMy Public PortalAboutZoning Board of Appeals -- 2013-02-25 Minutes Date approved March 26. 2013
• Vote: 5-0-0 BREWSTER TOWN CLERK
TOWN OF BREWSTER '13 MAR27 8:554+
ZONING BOARD OF APPEALS
Meeting Minutes
February 25, 2013
Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson,
Arthur Stewart, Paul Kearney, Brian Harrison, and John Nixon
• Attending Audience Members: Sue Leven (Brewster Town Planner), Sarah Turano-Flores (Town Counsel),
James Gallagher (Conservation Administrator), Peter Johnson, Victor Staley, Leann Swanson, Tim Gainey,
Jeff Swanson and Darryl Swanson Sr.
For full details refer to the Video recording on the Town of Brewster website, Zoning Board of Appeals
dated 02-25-13.
12-08 Darryl+ Leann Swanson (property owned by Joseph A Bassett, Trustee), represented by
Attorney Benjamin Zehnder, 0 Punkhorn Road, Map 50 Lot 26 (previous Map 03 Lot 87), 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. Continued from
October 9, 2012.
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.
• Consider the Appeal (12-08) first
• Mr. Zehnder discussed material he sent to the Board today
• Conservation Restriction on the property directly across the street
• Page 5 ¶ 9 discusses the towns ability to improve the road.
• Consider the Zoning Agents decision regarding vacant lot. If vacant has the applicant met the burden
• Board visited the property Friday, February 22nd
• Issues are vacant or not? Dwelling, abandonment and frontage
• Final issue is access
• OPEN TO PUBLIC INPUT
• Tim Gainey- environmental considerations, "safe and reasonable access"-I agree this is so. As a
resident who lives on a dirt road, I realize you meander safely. Vehicles can be limited in size.
• Jeff Swanson- If you live on a dirt road you understand this. Darryl loves this land, he knows the
Punkhorn. Seems the town doesn't want someone there. We enjoy that land; a good land steward.
• Daryl Swanson Sr.- Darryl has spent a great deal of time in the Punkhorn, all his life. He has a great
respect for the land. This are is an asset to the community, and the we try to keep the area pristine.
Discussion
• Sense from the Board; Vacancy issue first?
• Mr. Zehnder asked the consider in this order; 1) find if a vacant lot then access and frontage 2) find
the lot NOT vacant then whether abandoned (uphold 12-08 or back to Special Permit)
• ZBA Minutes 02-25-13
• Other members feel that vacancy is the hardest, no definition
• Sarah Turano-Flores- definition of vacancy not discusses, NOT a pre-excising residential use. Vacant
should mean vacant.
• Zoning changes in 1960 in effect, 1971 frontage, still in use thus NOT vacant
• Should Vacancy be done first?
• Sarah Turano-Flores-yes proper way to proceed
• Ben Zehnder-Ask to consider a vacant lot, then get to access issue
• Majority of the Board thinks Vacancy should be first
Vacancy Issue
• Within terms, I can't call that a building-it is a vacant lot.
• Vacant lot based on what we saw but was it vacant back in 1971
• Structure(remains) was a place that could have been habitable. What is the definition of
abandonment, doesn't apply as vacant.
• There were window frames, pulleys, broken glass etc. Definition of"dwelling". Could you stay with
reasonable comfort.
Finding of Fact:
• Vacant or not?
• No determination has been made yet
• Re: Letter from Town Counsel dated 10-02-12
•
o Go through each element
o "Lot meets isolated lot stature"
• Lot, shown on recorded plan YES- 5 NO-0
• 50 ' of frontage on a public, or private way YES- 5 NO-0
• At least 5,000 square feet of area YES- 5 NO-0
• Not in common ownership with any adjoining lots YES- 5 NO-0
• Separate ownership from adjoining lots YES-5 NO-0
• Remained undeveloped land YES-3 NO-2
• Access YES-0 NO-5
• Road might be better in the summer, but winter is poor. Probably can't be plowed
• Narrow in many places, hard pressed for Fire equipment to get through
• Police, Fire and DPW not accessible
• No turnouts for passing, access sub standard
• Sarah Turano-Flores -Suggest Board vote that staff prepare a decision for review and bring back for
final review and vote.
MOTION by Brian Harrison to CLOSE TO PUBLIC INPUT
Second by Arthur Stewart
VOTE: 5-0-0
Request from Attorney Ben Zehnder to CONTINUE to date certain
MOTION by Arthur Stewart to Continue cases 12-08 and 12-24 until March 26, 2013 at 7 PM
Second by John Nixon
VOTE: 5-0-0
MOTION to adjourn by John Nixon
Second by Arthur Stewart
VOTE: 5-0-0
R spectfully submitted,
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Mari Mooers, Recording Secretary
ZBA Minutes 02-25-13