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Home My Public Portal AboutZoning Board of Appeals -- 2013-06-11 Minutesi 7/11/2013 9:29 AM Date approved: June 9, 2013 Vote: 4-0-3 TOWN OF BREWSTER BREtlicTER T ti CLERK ZONING BOARD OF APPEALS I Meeting Minutes '13 JUL111 l .pp June 11, 2013 Co-Chairr;nan Arthur Stewart called the meeting to order at 7:00 pm. Members present were; Arthur Stewart, Les Erikson, Bruce MacGregor, Patricia Eggers and John Nixon Members missing: Brian Harrison, Phil Jackson, Sarah Kemp and Paul Kearney Minutes i Motion rtiade by Patricia Eggers to ACCEPT the Minutes of May 14, 2013 as presented. Second made by Bruce MacGregor VOTE: 4-0-1 13-15 E na D. Pawlina, represented by Thomas Moore (Thomas Moore Design Co.), 112 Spring Lane, M p 48 Lot 13 (M 19 L 43), in the RM zoning district. The applicant seeks a Special Permit under MGL 40- and Brewster Bylaw 179-25 B to change, extend or alter a pre-existing non-conforming single family st cture in the Wetlands Conservancy District (179-6). Members hearing this application: Arthur Stewart, Les Erikson, Bruce MacGregor, Patricia Eggers and John Nixon Ms. Pawlina was represented by Mr. Thomas Moore • Mr. Moore gave a brief overview; o Property owned by the Pawlina since 1973 o Within the Wetlands Conservancy District o Would like to add a 12 x 14 porch and a 16 x 18 deck o Conservation and OKH approval have been given o To be built on sonar tubes o Very little excavation o No groundwater issue Board Questions • The septic is next to the deck, any BOH issues? NO, close but not touching i Open to public Input • NO one spoke to this issue MOTION by Patricia Eggers to Close of Public Input. Second by John Nixon. VOTE: 5-0-0 Further Discussion • Straight forward • Conservancy soil issue is straight forward • Little soils disturbance ' MOTION by John Nixon to APPROVE the Special Permit for application 13-15 as stated for a porch and deck within the Wetlands Conservancy soil area as per plans presented. ZBA Minutes 06-11-13 7/11/2013 9:29 AM 13-16 Coridian Associates LLC, (represented by Attorney Andrew L. Singer), 0 Harwich Road, Route 124,Map 63 Lot 02 (M 40 L 9-1-R), in the RM zoning district. The applicant is seeing a Variance under MC6. 40-A, Section 10 and Brewster Bylaw 179-52 and 179-15, Table 3 to allow for a structure that exceeds the 30 foot height limit. Members',hearing this application: Arthur Stewart, Les Erikson, Bruce MacGregor, Patricia Eggers and John Nixon Attorney Andrew Singer represented the applicant. He was requested to give an overview of this project. • Vajriance for technical/overall height • Overall the development is a 22 acre site, tucked into the woods with 57% open space • 66 Memory Care units, 65 Assisted living units with a center building bridging the two. • Going to Planning Board next month • Reviewed at length by the Town of Brewster and the Cape Cod Commission. • Here for approval of architectural design treatment which exceeds the average height allowed • Hides the solar panels and HVAC as well as relieves a flat roof design • Compliments the grade of the land • This Variance is for the 2nd floor of the memory care facility, slopes right to left • Minimizes clearing • Fits into the topography of the land. • Design plan was reduced from original • Building coverage is 7% • E4tensive landscaping planned Board Questions • Requirement for second driveway from the circle? NO, both Police and Fire are comfortable with this plan as presented • "average height" is a complicated analysis • "e fisting grade" has a hole in the center • It has been reviewed with the Building Inspector early on • Any excavation disregarded? YES • Minimize cut and fill by clustering, utilize topography, less parking (asking for a waiver) • Each individual building under 30' high • Road into Sweetwater is an easement. Open to public Input Sue Leven- Planning Board has NOT discussed this yet. It went to the Cape Cod Commission first. Dwayne Landreth- represents Sweetwater (direct abutter) • Sweetwater access cuts the parcel in half • 2 businesses on the property(75 acres); campground with 75 campsites and farm for breeding, raising and training horses • With 132 units they are clearing 8 acres of land • Cape Cod Commission said to come to ZBA for height variance • No one has a legal right to a Variance • Our position is "way too much" • No compelling showing for a variance, existing grade vs. final grade. James Rylander (owner of Sweetwater) • Noise of stripping this land will be disruptive • Alternative site available • Size is massive Arthur Stewart (ZBA Vice chair) told Mr. Rylander the ZBA is only concerned with one part of this project (height only), the Planning Board will hold hearings beginning in July. ZBA Minutes 06-11-13 7/11/2013 9:29 AM Leg Bongiolatti- abutter on Possum Wood Road • Size is huge • Maximum is 30'-should build within restriction Mr. Kelly and Mr, Singer- • The average is 33', not a specific building • Reason clustered; no wetlands, no setbacks issue. Could be spread out for more coverage/more trees removed. Respective of neighborhood; environmentally and land. • Our case is shape and topography ■ • Confirmed figures today (checked and rechecked) • If excavate the north end; need to remove much more soil • There will be drainage and access issues • Bottom floor flat throughout • Balances to site • Distance from the driveway to the road is 100' • 2 out of10 clients walk on their own, most use walkers, canes, wheelchairs or scooters; that is why the level floor Shirley Conway • Stand on Rte. 124, what do you see? How depressed? • North end? 100' heavily wooded Andrew Singer • Maximum separation to driveway • Quiet • HVAC on the roof (hidden by architectural details) Dwayne Landreth • Point of height • Avoid manipulation MOTION by John Nixon to Close to Public Input. Second by Les Erikson. VOTE: 5-0-0 Board comments • Trying to protect the land • Lalrge project • Three feet is not extensive • Shrouds mechanical pieces • If scaled back more, what is the financial impact? Already took the wings off • Concept on one level is good • Each unit under 30', just the final calculation • Good job, trying to reduce the impact • 3' is advantageous with reducing the number of trees and soil removed MOTION by Les Erikson to GRANT a Variance for application 13-16 as presented to allow this development to exceed the 30' with a limit not to exceed 33 feet. Second by Patricia Eggers. VOTE: 5-0-0 Attorney Andrew Singer will prepare a draft decision MOTION to adjourn by Patricia Eggers at 9:00 pm Second by Les Erikson VOTE: 5-0-0 Respe ally submitted / t ' Marilyn Mooers, • - ••rding Secretary ZBA Minutes 06-11-13