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Home My Public Portal AboutZoning Board of Appeals -- 2013-03-12 Minutes Date approved April 9. 2013 Vote: 8-0-0 W TOWN OF BREWSTER ZONING BOARD OF APPEAL S Meeting Minutes March 12, 2013 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Arthur Stewart, Paul Kearney, Brian Harrison, Sarah Kemp and Bruce MacGregor For full details refer to the Video recording on the Town of Brewster website (www.town.brewster.ma.us) , ZoninglBoard of Appeals dated 03-12-13. 13-05 1, Francis and Michelle A. Lavelle (represented by Attorney Roger V O'Day), 336 iLower Road, Map 49 Lot 1 (previous Map 19 Lot 27), in the RM zoning district. The applicant seeks a Special Permit under MGI. 40A,and Brewster Bylaw 179-25-B to alter/extend a pre-existing non-conforming property to add an accessory pool side structure. This case;was CONTINUED from February 12, 2013 Members'. hearing this case are Brian Harrison, Paul Kearney, Bruce MacGregor, Phil Jackson and Sarah Kemp Attorney',Roger O'Day and David Handren (builder) represented the applicant. Attorney O'Day gave an overview of the application • Poolside structure • HOC approved • Conservation Commission approved • Extend a pre-existing non-conforming use • Vitor's letter asked to show house existed prior to 1960. Assessors record (Bibby) of 1958 shows this was taxed as a dwelling • Affidavit from Attorney Steven Jones regarding house existence • It!is in a wetlands Conservancy district • Gole vs. Gloucester (Special Permit rather that a Variance) • T90 close to present front setback • Six foot high fence and 11' hedge • Proposed structure 11' from Lower Road • Not substantially more detrimental to the neighborhood • Structure 3 sided- open to the pool, not habitable Questions • Are the 2 lots combined legally? NO, but by use • Does the chimney structure make this more detrimental? No, it is 2' above the structure (no comments from the Fire Department) • Close to Lower Road • Concern with smoke from a chimney? An existing outside fireplace on the back side of the house. Family entitle to a fireplace, grill etc. • No comments from any abutters OPEN TO PUBLIC INPUT • No one spoke to this issue MOTION by Brian Harrison to CLOSE TO PUBLIC INPUT. Second by Paul Kearney. VOTE: 5-0-0 ZBA Minutes 03-12-13 Thoughts • Good design, well protected from the road • Not substantially detrimental to the neighborhood • Chimney draft is high MOTION by Paul Kearney to GRANT a Special Permit to applicant to alter/extend a pre-existing non- conforming property to add an accessory pool side structure as shown in plans presented. Second by Bruce MacGregor. VOTE: 5-0-0 13-06 oben 3. Ford, 487 Tubman Road, Map 55 Lot 63 (previously Map 26 Lot 57-1), in the RM sorting district The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-51 to modify . pedal Permit 07-31 to eliminate condition #2 and for Special Permit 179-25B to build a one car gars a on this property. Members hearing this case are Brian Harrison, Paul Kearney, Bruce MacGregor, Arthur Stewart and Sarah Kemp Mr. Robert Ford represented himself for this application • Requesting a MODIFICATION of Special Permit granted as 07-31 • Single car garage only, not habitable space • Deck is already there Questions • Previous permit cut back number of bedrooms and garage • Not significantly more detrimental • Nb planned living space above the garage • No problem now • Recollection; too much on a small lot. Nothing has changed but nice to have a garage for car and equipment OPEN TO PUBLIC INPUT • NO one spoke to this issue MOTION by Brian Harrison to CLOSE TO PUBLIC INPUT. Second by Paul Kearney. VOTE: 5-0-0 Thoughts • All in favor of this plan • Meets setbacks MOTION;by Arthur Stewart to modify Special Permit 07-31 to eliminate condition #2 and to GRANT a Special Permit to applicant to build a one car garage on this property. Second by Sarah Kemp. VOTE: 50-0 MOTION to adjourn by Brian Harrison at 7:38 pm Second by Paul Kearney VOTE: 6+0-0 Resp�ctflully submitted, 4 A' 4 A AAre .L� ► Marilyn Mooers, Recording Secretary ZBA Minutes 03-12-13