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Home My Public Portal AboutZoning Board of Appeals -- 2013-04-09 Minutes Date approved:May16, 2013 BREWSTER TOWN CLERK Vote: 7-0-0 ' IV TOWN OF BREWSTER '13 HAY16 9:19M ZONING BOARD OF APPEALS Meeting Minutes April 9, 2013 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Arthur Stewart, Paul Kearney, Brian Harrison, Les Erikson, Sarah Kemp, Patricia Eggers and John Nixon Member missing: Bruce MacGregor Minutest Motion made by Paul Kearney to ACCEPT the Minutes of March 12, 2013 as presented. Second made by Arthur Stewart VOTE: 70-1 Motion made by Paul Kearney to ACCEPT the Minutes of March 26, 2013 as presented. Second made by Arthur Stewart VOTE: 7-0-1 a 13*09 ; '1lia 91 DeMaiida and Lisa Mincieli, 271 Bog Pond Road, Map 67 Lot 104 in the RM district , i The appi =nt seeks an Appealyof the Zoning Agents decision under MGL 40A and Brewster Bylaw 179-8 and : 15 to ll•; # two dwelling units on this property. Motion made by Arthur Stewart to ACCEPT the CONTINUANCE OF 13-09 as requested to May 14, 2013. Second made by Brian Harrison VOTE: 8-0-0 13-07 ap I " nt she na Special Permit under MGL'Map and Brewster in the Bylaw 179 section 25A to replace a pll P 5'6 x 5'6"dec ithfa deck 5't.0":X 151- '`that encroaches or the 30'front setback Members hearing this case are Paul Kearney, John Nixon, Les Erikson, Phil Jackson and Patricia Eggers Mr. Thonias O'Connell, represented his sister, gave a brief overview. • Work was originally done on the home because Homeowners Insurance noted rotting woot and deteriorating from cement slab • HNC has approved this project and suggested a "farmers style" front porch with a roof • Road is not parallel to the house } • Deck is slightly off ground level 1 • Measurements indicate in requirement of setbacks Questions • Not sure of the edge of road • If no roof, there would be no question • No detail in site plan • Is this a Gale vs. Gloucester issue? Open to Public Input • Sue Leven- G vs. G doesn't require a Variance, done under a Special Permit, even if it creates a new non-conformity. Motion by John Nixon to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0 ZBA Minutes 04-09-13 Discussion • If no roof it is a legal structure • Roof makes it non-compliant • Would like to see a detailed plan • Original encroachment is minor • Increase in non-conformity is less than 40 square feet • Improvement/better for neighborhood • Building department has roof plans MOTION by John Nixon to GRANT a Special Permit for 13-07 for the deck/farmers porch already in place. NO significant impact, drawings for the porch/roof design must be included for the file. Second by Paul Kearney VOTE: 5-0-0 13-08 slr 20 ?Sad (Brewster Farms Market) represented by Attorney John P. McCormick. 2711 Main St -et, Map 90 in the VOidistrlit. ae.�appl .nt iseeks a s Appeal to the Zoning Agents decision and In the alternative a Special Permit or rianc a rider MGL 40A and Brewster Bylaw 179-52, table 2 or '179-25-B to construct a canopy over the Isting°..aimp slend� :: = Members hearing this case are Brian Harrison, Arthur Stewart, John Nixon, Paul Kearney and Sarah Kemp. Attorney John McCormick represented the applicant, Bill Claremont and Bruce Garrett both assisted the applicant. • Appeal Zoning Agent decision; doesn't fall within setbacks, no walls, not enclosed • Special Permit; pre-existing non-conforming o Approved in 2001 for the pump island o Concrete mat extends 24 x 44 feet, that is not changing o Replace existing pumps and adding canopy over 25 x 45 o HDC wanted a higher slope o Protect the customers from the elements and hides the fire suppression system o Also takes care of the downward lighting • Variance; uniqueness of the structure itself Comments • HDC required roof shingles to match existing building • Requested brick support columns • HOC C approved plan Question from the Board • Is the sign height lower to the ground than the canopy? YES • More attractive • Good concept • Most members feel the Special Permit is the way to approach • Is'the new fire suppression system more efficient than the present? YES, latest technology • Was the canopy request in the original permit? NO, it was tabled. • Time for a new gas supply contract, change of brands • NO objection to canopy in 2001-it was the pumps themselves, went through litigation Fire Marshalls position won out • Much more in keeping with HCD and 6A OPEN TO PUBLIC INPUT Roy Jone$ (former Brewster Fire Chief)- the canopy protects the equipment 2) esthetically nicer and 3) works more efficiently (holds any spilled material). Dry chemical needs to stay in that area. Meets HDC Requirements. Fire suppression system update for health and safety. ZBA Minutes 04-09-13 x Motion by John Nixon to close to Public Input. Second by Arthur Stewart. VOTE: 5-0-0 Further Discussion • Concrete slab: definition of specialized structure • Not further into setback • Treat as a Special Permit • Downward lighting is preferable for visual and efficiency reasons. • Treat as a structure/ 2005 definition MOTION', by Brian Harrison to consider this application as a Special Permit for use and setback; within a fixed location, gives support, proposed canopy will not extend into setback. Second by Paul Kearney. VOTE: 5-0-0 Request by Mr. McCormick to WITHDRAW w/o prejudice the Appeal of the Zoning Agents Decision and the Variance as applied for in case 13-08. Accepted by Brian Harrison, second by John Nixon. VOTE: 5-0-0 MOTION by Brian Harrison to approve a Special Permit for the canopy as proposed with plans presented for application 13-08. Second by Sarah Kemp. VOTE: 5-0-0 1340 Ana Lombr'oso and;William Glynn, represented by Trevor Meyer, Cape Associates mrr ., Map { 4 Lot 4 prevlausiy M 58 L 6) In the RM district. The applicant seeks a Special Permit under l L 40A and Bre ` ter;Bylaw 179-25 'B and 179.6 to raze and rebuild a single family home within the Wetlands consery cy C istrict. Members hearing this case are Brian Harrison, Arthur Stewart, John Nixon, Paul Kearney and Les Erikson . This application was represented by Attorney Benjamin Zehnder and Trevor Meyer. Brief overview; • Victor's letter indicated this property predated Wetlands Conservancy • Special Permit needed for alterations • Home is to be removed, almost exact location, footprint essentially the same and rebuild on full slab • No change in use or impact • Conservation Commission has issued an approved Order of Conditions Questions • Test holes and basement full of water? Replacing with a specific type of slab foundation for high groundwater. Raising the elevation of the building to accommodate water evacuation system (de- watering process). No basement in this house. Conservation Commission will review this water system. • Bedrooms remain the same; 4 now, 4 new. Increase 270 square feet upper level. • Raise elevation; 15.8 existing, raise to 17.5 • Excavating about 2 feet because of the raising slab on grade. • Within the Conservancy soils district but no conservancy soils found on the footprint of the proposed a dwelling. 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 • Slab is an improvement • Septic is 7 feet tall • "De-watering" is a common process these days, good solid engineering ZBA Minutes 04-09-13 MOTION by Arthur Stewart to approve a Special Permit for applicant 13-10 in accordance to the site plan and drawings presented. Conservation Commission approval of de-watering requested. Second by Brian Harrison. VOTE: 5-0-0. Any Topics not reasonably anticipated by the Conservation Commission Chairman Note: This discussion was not placed as an item on the April 16, 2013 agenda by the Conservation Administrator or the Conservation Commission Chairman. 1. Lombroso Amended Order of Conditions SE 9-1549, 93 The Channel Way, 58/6 (formerly 4/49) for reconstruction of a dwelling within 50 feet of a wetland David Bennett, Bennett Environmental Associates, and Trevor Meyer, Cape Associates, met with the Commission, requesting the board approve necessary dewatering work on the above referenced property, as contained in a letter to the Conservation Commission* and shown on Cape Associates... plan* which Mr. Bennett submitted to the Conservation Department earlier in the day Following discussion, Michael Tobin moved, Hayley Winfield seconded the motion, to approve the dwatering work as shown on the referenced plan, as a minor modification to the approved Site and Sewage Plan of record* for Amended Order of Conditions SE 9-1549. The motion was Approved Unanimously *Documents Submitted and Discussed 1. April 12, 2013 Letter to Conservation Commission RE: Construction De-watering Plan... (received April 16, 2013) from Bennett Environmental Associates, Inc. Re: Order of Conditions SE 9-1549 (Amended 3/11/13) 2. Cape Associates, c/o Trevor Meyer...Proposed Lombroso-Glynn New Dwelling Construction Site Sketch Plan for Proposed Dewatering 93 The Channel Bennett Environmental Associates...3/26/13 3. Site and Sewage Plan, 93 The Channel. Prepared for Anna C. Lombroso, David B. Lajoie, RS, T. Varnum Philbrook, PE, final revision date 1/28/13 MOTION to adjourn by Brian Harrison at 8:25 pm Second by Pat Eggers VOTE: 8-0-0 Respectfully submitted, 'L Marilyn Mooers, ording Secretary ZBA Minutes 04-09-13