The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2013-05-14 Minutes Date approved: June 13, 2013 Vote: 5-0-0 '13 JUN131 ;15Pm TOWN OF BREWSTER ZONING BOARD OF APPEALS BREWSTER TOWN CLERK Meeting Minutes May 14, 2013 Chairman Philip Jackson called the meeting to order at 7:00 pm. Members present were; Philip Jackson, Arthur Stewart, Paul Kearney, Les Erikson, Bruce MacGregor, Sarah Kemp, and Patricia Eggers. Members missing: Brian Harrison and John Nixon Minutes:R Motion Made by Arthur Stewart to ACCEPT the Minutes of April 9, 2013 as presented. Second made by Paul Kearney VOTE: 7-0-0 13-09 II lam DeMaida and Lisa MincieII, 271 Bog Pond Road, Map 67 Lot 104 in the RM district. The appli ant seeks an Appeal of the Zoning Agents decision or in the alternative a Special Permit under MGL 40A and = rewster Bylaws 179-8 and 15 or 179.42.1 to allow an Affordable Accessory Dwelling Unit at this property Members',hearing this application; Arthur Stewart, Bruce MacGregor, Paul Kearney, Leslie Erikson, and Patricia Eggers Mr. DeMalda and Ms, Mincieli were present to explain their application. • This was designed for mother-in-law to live as a caregiver for the children • Considered a single family home • Zoning gent has now stated it is a multifamily dwelling • Asking to overturn the Zoning Agents decision; intent of"mother-in-law" apartment • Inithe alternative, will accept any addendum to a Special Permit Questions • How did two (2) kitchens get built? Based on original plans, building permit. No one caught it,no questions or red flag until Occupancy permit • Asked for 2 means of egress and fire wall separation in April, Building permit in February. Other problem discovered late in the process. • Issued a temporary Occupancy permit with the understanding this would go to ZBA • What is the difference in multifamily construction wise? • This has multiple areas of"shared use"; mud room • Orie means of entry to the basement • Must have separate gas, electric; panel etc. • Is'it a self contained unit? • Is'there a way it can never be rented? AADU only, what is done now transfers to next owner. • Wos told that the ZBA would take "intent" into consideration; must follow the Bylaw (cannot re-write the intent) • "In law apartment was in previous Bylaw; now AADU to account for affordable housing unit stock • Caught in between 2 Bylaws • Both applicant and builder were reviewing the Bylaw from the very beginning; just kept changing • Victor Staley letter of 11-9-12 gave 3 conditions for AADU ZBA Minutes 05-14-13 OPEN TO PUBLIC INPUT Irene DeCamp- original advertisement indicated second dwelling? This was a misunderstanding, nothing more to be built. Don't want to see a second home. When sold the AADU recorded with deed. Nora Peters- Is the "mother-in-law" permissible or had it been changed? Changed to AADU (with an Affordable rental component). How is this enforced? Zoning Agent, no further inspection unless a rental unit or neighbor complaint. LETTER from Robert and Virginia Healey- received tonight (5-14-13) from an abutter discussing issues of easement, and potable water. These issues are not under ZBA purview for this application. Motion by Leslie Erikson to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0 Summary • Twp choices; remove the stove or apply as a AADU Special Permit • No reason to Overturn the Zoning Agents decision • Must go along with Bylaw as it is stated • Mr. again requested ZBA "listen to intent", is there any other course of action? Refer back to Zoning Agent. • Suggest: Continuation or Withdrawal Mr. DeMaida requested at further CONTINUATION of 13-09 (date to be determined within the next two months). MOTION by Arthur Stewart to continue case 13-09 as requested. Second by Patricia Eggers. VOTE: 5-0-0 13-11 A igail Swanson, 463 Main Street, Map 16 Lot 13 in the RM district. The applicant seeks a Special P rmit under MGL 40A and Brewster Bylaw 179-2(Lodging House)and Table 1, Retail and Service, item 21 to rei state a Lodging House as previously permitted under #96-02. Members hearing this application; Bruce MacGregor, Paul Kearney, Leslie Erikson, Sarah Kemp and Philip Jackson Ms. Abigail Swanson gave a brief overview of her application. • Ruddy Turnstone property • Has been run as a lodging house for about 20 years • Ms. Swanson recently purchased the property from her parents • When license was transferred it was discovered ZBA must issue a Special Permit. • 3 rooms for lodging only, no breakfast • An abutter - letter of support Question's • Has been used but unaware permit did not transfer • Town has considered parents as owners • Where do you live? In main building • Other building? Art studio • Original permit mentioned a small hallway where antiques were sold. No longer used • No retail space OPEN TO PUBLIC INPUT • No one spoke to this application • Letter of support from an abutter had bee received and reviewed. Motion by Paul Kearney to Close to Public Input. Second by Sarah Kemp. VOTE: 5-0-0 ZBA Minutes 05-14-13 Final Thoughts • All in favor MOTION by Leslie Erikson to GRANT a Special Permit to application 13-11 under MGL 40A and Brewster Bylaw 179-2(Lodging House)and Table 1, Retail and Service, item 21 to reinstate a Lodging House as previously permitted under #96-02 with several amendments; eliminate proposed 8 bedroom addition and antique hallway. Second by Paul Kearney. VOTE: 5-0-0 13-12 Byron and Donna Cain, 716 Main Street, Map 26 Lot 59 in the RM district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-42.1 section c-le as an Affordable Accessory Dwelling Unit Members hearing this application; Bruce MacGregor, Paul Kearney, Leslie Erikson, Arthur Stewart and Patricia Eggers. Mr. Byron', Cain gave a brief overview of his application • Anl AADU unit as presented • Brewster by the Sea bed and breakfast • Carriage house was the original living quarters • Make the carriage house legal • Will bring up to code where needed. • Separate unit; separate utilities • No prior permits • Legal for 9 rooms; only rent 7 • Welcome inspections on a regular basis OPEN TO PUBLIC INPUT • No one spoke to this application Motion by Patricia Eggers to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0 Thoughts • All in favor MOTION by Arthur Stewart to Grant a Special Permit to application 13-12 under MGL 40A and Brewster Bylaw 179-42.1 section c-le as an Affordable Accessory Dwelling unit Second by Paul Kearney. VOTE: 5-0-0 13-13 Michael and Penny Muccia, 64 Dennison Road, Map 5 Lot 24 in the RM district. The applicant seeks a ;'Special Permit under MGL 40A and Brewster Bylaw 179-25B to alter/extend a pre-existing nonconforming structure. Members hearing this application; Paul Kearney, Leslie Erikson, Arthur Stewart, Sarah Kemp and Patricia Eggers. Mr. Keith Gilmore (builder) represented the Murcia's for this application • Front dormer to move up and along the front setback • Front stoop is existing; encroaching on front setback • Conservation approval has been granted Questions • Gale vs. Gloucester subject to residential Variance • Goldhirsh was previous case study does not increase non-conformity ZBA Minutes 05-14-13 OPEN TO PUBLIC INPUT • No one spoke to this application Motion by Patricia Eggers to Close to Public Input. Second by Leslie Erikson . VOTE: 5-0-0 Further Discussion • Not more substantially detrimental • All in favor MOTION by Paul Kearney to Grant a Special Permit for 13-13 to alter/extend a pre-existing nonconforming structure as presented. Second by Patricia Eggers. VOTE: 5-0-0 13-14 POAH Kings Landing LLC, 78 State Street, Map 76 Lot 64 in the CH/RM district. The applicant seeks tw "(2) Special Permits under MGL 40A and Brewster Bylaws 179-25B to alter or extend a pre-existing non-canf ming use and 179-5 E to extend a zoning district into an abutting zoning district for construction of a sewage, reatment facility. Members hearing this application; Bruce MacGregor, Paul Kearney, Sarah Kemp, Arthur Stewart and Patricia Eggers. Representing the applicant (Preservation of Affordable Housing) were; Hannah Kilson, Attorney Joseph Henderson, Horsley Witten Co. Maureen Hickey, Project Manager POAH Ms. Kilsori gave a brief overview; • 108 affordable housing units • POAH purchased property in June, 2012 • Renovating many uits • Increase accessibility • Replace septic system with water treatment (Bioclear) system • Also must extend the zoning district to place this facility in RM • Sub surface facility with 18 x 15 building • 4 Bioclear tanks extend about 3 feet high • Natural gas generator • Placed in open are next to Community building; already disturbed soils, good soil for effluents • Sibmitted to DEP and BOH • All fenced in and shielded from view • Wooded buffer zone to be maintained • Redo Tennis and Basketball courts • Setbacks 130-360 feet Questions • 108 affordable units • Same organization will maintain this system • No open tanks-completely enclosed • Generator from emergency needs, test weekly, 7 feet below grade • Generator just for the treatment plant • DO you expect any odor? NO • All equipment inside the building, no noise • No additional residential units to be built • System sized for the number of units there • Existing systems to be removed ZBA Minutes 05-14-13 OPEN TO PUBLIC INPUT Eileen Violetta and Joseph Bradley • Construction in the Playground area? YES, Playground will be redesigned • Bi.ffer is scrub • Noise factor? Nothing on a reglar basis • Always good tenants • Suggest more "screening" Motion by Paul Kearney to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0 Further Discussion • Well thought out proposal • Good for the environment • All in favor MOTION by Arthur Stewart to Grant two (2) Special Permits for 13-14 1) to alter or extend a pre-existing non-conforming use and 2) to extend a zoning district into an abutting zoning district for construction of a sewage treatment facility as per plans submitted and with accessory uses currently existing ancillary structureS. Second by Patricia Eggers. VOTE: 5-0-0 • Request of applicant to e-mail decision when signed and submitted to the Town Clerk. They understand this is a draft until it comes out of appeals. Done May 20, 2013 MOTION to adjourn by Arthur Stewart at 9:25 pm Second by Pat Eggers VOTE: 7-0-0 ti Respectfully submitted, AA/ Awi...41,4Waltarar arily*ooers, • •rding Secretary { ZBA Minutes 05-14-13