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HomeMy Public PortalAboutZoning Board of Appeals -- 2013-11-11 Minutes Date approved: 12-10-13 Vote: 7-0-0 E;E1JSSTER TOO CLERK TOWN OF BREWSTER �. ZONING BOARD OF APPEALS Meeting Minutes '- - '� November 11, 2013 Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing conducted on November 26, 2013. Member present were; Arthur Stewart, Bruce MacGregor, Brian Harrison, John Nixon, Phil Jackson, Les Erikson, Patricia Eggers, Sarah Kemp and Paul Kearney Minutes Motion made by Arthur Stewart to ACCEPT the Minutes of August 13, 2013 as presented. Second made by Paul Kearney VOTE: 8+0-1 13-21 obin Maclin (Breezy Meadow LLC),represented by Philip O. Scholomiti of Ryder & Wilcox, 9 Breezy Meadow Lane, Map 49 Lot 52 (previous M 3 L 153) in the RM zoning district. The applica t seeks a Special Permit under MGL 40A and Brewster Bylaw 179-27-C to allow a net change in lot rea created by the division of Lot 27(Book 276, Page 53+54) into two lots: Lot 27A to be combi ed with Lot 17 and Lot 27B to be combined with Lot H due to an existing deck crossing their c mmon property line. Members hearing this case are Paul Kearney, John Nixon, Bruce MacGregor, Leslie Erikson and Brian Harrison. The Maclins were represented by Mr. Philip O. Scholomiti of Ryder & Wilcox. Mr. Scholomiti gave a brief overview; • Property located on the west side of Robbins Hill Road • Approved by the Planning Board on August 28, 2013 • Zpning agent felt it was necessary to obtain a Special Permit under 27-c due to the change in size and shape of the lot • Lot 27A is not buildable, combined with 17 • LOt 27B is not buildable • Residential use only Board Questions • Why are the property lines put there? Left in an estate • Are you filing a plan for 2 lots? NO, deeded separately. Lots left as is. If the owner wishes to cpmbine they will do so at a later date • Lots 27 B and H have merged • Deed not conveyed • Wetlands Conservancy Soil- any change of use must go to Conservation Commission Open to Public Input • No one spoke to this issue Motion by Paul Kearney to Close to Public Input. Second by John Nixon. VOTE: 5-0-0 Final Comments • No additional building ZBA Minutes 11-12-13 12/12/2013 9:30 AM • Straight forward MOTION by Bruce MacGregor to GRANT a Special Permit (case # 13-21) to subdivide lot 27 as shown on Plan 11163/dated 7-25-13 with the following condition: H and 27B have merged for all zoning purposes. Refer to notes on Plan as to lot division. Second by John Nixon. VOTE: 5-0-0 13-23 Brian T. Blair and Charles M. Heinz, represented by Attorney Russell E. Haddleton, 1861 Main Street (the Old Mansh),Map 57 Lot 46 and 47 (previous M V L 70+75) in the RM zoning district.Applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-11Table 1.(retail and services), Use 8, change of ownership for existing Lodging House. Members hearing this case are Brian Harrison, John Nixon, Patricia Eggers, Sarah Kemp and Paul Kearney. Attorney',Russell Haddleton represented Mr. Blair and Mr. Heinz (prospective owners) Mr. and Mrs. Keever (property owners) were present. Attorney!Haddleton gave an overview of the request; • Np change in operation • Njew owners will live on the premises • 1; rooms • Meals served to guests only Questions • Have you used the lawn area for functions? Only family wedding • Outdoor functions subject to Special Event permit, if desired. Open to public Input • No one spoke to this issue • Live on the property a plus • Outdoor event seek additional permit Final thnughts • Straight forward • Outdoor and or additional events must seek addition permits MOTION by John Nixon to GRANT a Special Permit (case # 13-23) for change of ownership of the existing lodging Clouse as discussed. Second by Patricia Eggers. VOTE: 5-0-0 MOTION to adjourn by Arthur Stewart at 8:15 pm Second by Patricia Eggers VOTE: 9T0-0 Respectfully submitted, Marilyn Mooers, Recording Secretary ZBA Minutes 11-12-13 12/12/2013 9:30 AM