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Home My Public Portal AboutZoning Board of Appeals -- 2014-01-14 Minutes EFE IiSTFR Date pp�r t a oved: January 28, 2014 a Y Vote: 7-0-0 'id - i - `3 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes January 14, 2014 Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing conducted on January 14, 2014 Members present were; Arthur Stewart, Brian Harrison, John Nixon, Philip Jackson, Patricia Eggers, Paul Kearney, Bruce MacGregor and Leslie Erikson Members missing: Sarah Kemp Other guests; Susan Leven (Town Planner), Attorney Peter Freeman, Mark Zippo and John O'Reilly To review past/present hearing: www.town.brewster.ma.us/documents and archives/Ch 18 video archives/recent videos/ ZBA 01-14-14 Minutes Motion lade by Arthur Stewart to ACCEPT the Minutes of December 10, 2013 as presented. Second made by Patricia Eggers VOTE: 80-0 13-16 Coridia Associates LLC(represented by Attorney Andrew Singer), 0 Harwich Road, Route 124, Map 63 Lot 02 (previous Map 40 Lot 9-1-R), in the RM zoning district requests a six-month extension of the Variance previously approved from July 16, 2014 to January 16, 2015. Members hearing this case are Arthur Stewart, Bruce MacGregor, Brian Harrison, John Nixon and Paul Kearney. Andrews Singer, representing the client, gave a brief overview' • Variance previously granted (good for one year) • Cape Cod Commission has restriction on construction dates Request:'', an extension of Variance from July 16, 2014 to January 16, 2015. This allows work to begin after Labor Day 2014 and work straight through until Memorial Day 2015. Then interior work can be done over the summer. 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 • Reasonable • No problems MOTION by Paul Kearney to GRANT a six month extension for Variance 13-16 (as per request). Second by Arthur Stewart. VOTE: 5-0-0 ZBA Minutes 01-14-14 1/30/2014 9:53 AM 14-01 Jeff Schopperie, (represented by Donald Keith, builder), 405 Paines Creek Road, Map 37 Lot 7 (M20 L 1)The apOlicant seeks a Special Permit under MGL 40A and Brewster Bylaw 25B to alter a pre-existing non-conforming single family hone within the existing footprint Members hearing this case are Bruce MacGregor, Brian Harrison, John Nixon. Leslie Erikson and Patricia Eggers. Don Keith (builder) and Thomas Moore (designer) represented the owner. Michela Schopperle was present. • Addition and reconstruction within same footprint • Back section to be removed and reconstructed with a new foundation • Pre-existing and non-conforming as to the proximity of property line Questions • Change to vaulted ceiling and dormer? YES • NO second floor living space? NO • Utility room now on a slab, that area will have a foundation Open to public Input • Michele Schopperle- keep as it is today Motion by Brian Harrison to Close to Public Input. Second by Patricia Eggers. VOTE: 5-0-0 MOTION by Leslie Erikson to GRANT a Special Permit (14-01) to alter a pre-existing non-conforming single family home within the existing footprint as submitted. Second by Patricia Eggers. VOTE: 5-0-0 14-02 Philip 4 Amanda Davies, (represented by Thomas Moore, designer),38 Saints Landing, Map 150 Lot 5 (M3 L3)The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 25B to change, alter or extend a pre- existing non-conforming single family dwelling. Property location is also within Wetlands Conservancy District. Member hearing this case are Bruce MacGregor, Brian Harrison, Leslie Erikson, Arthur Stewart and Paul Kearney. Thomas Moore (Designer) represented the applicant. • Wood frame to foundation • Within 50' of wetlands dune • Block foundation to remain • Reconfiguring the first and second floor • Access to change to Byfield Cartway (old driveway to be removed) • Approvals from; Old Kings Highway, Health, and Cons Corn • E cpansion of covered porch and building up Questions/Discussion • The driveway being removed, is this town property up to there? YES • Patio on ground level on East side? YES • Driveway off Byfield will be about 300 feet long? YES (this was Cons Corn choice) • EXcavation minimal • Any issue with 2nd floor? No abutters have written, called or e-mailed. • Gravel driveway Open to Public Input • Mr. Armin Ernst (49 Byfield Cartway) Requested a clarification of porch on south side; covered deck Discussed possible height impact as abutter, ZBA Minutes 01-14-14 1/30/2014 9:53 AM elevation seems to be about 45' Abutter will see the second level but no idea how view will be obstructed Motion by Brian Harrison to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0 Discussion • Elevation a long distance away • NOt a significant structure • New design is attractive MOTION by Brian Harrison to GRANT Special Permit for 14-02 to change, alter or extend a pre-existing non- conforming single family dwelling, based on floor plans and elevations submitted. Property location is also within Wetlands Conservancy District. Second byi Paul Kearney VOTE: 5-0-0 13.24 White Rock Partners LLC(represented by Peter L. Freeman), 157&0 South Orleans Road, Map 142 Lots 02-105 and Map 130 Lots 28-34(previous M 52 L 31-1 and 33-1) in the RR zoning district. The applicant seeks ertain modifications of Comprehensive Permit 07-08. Members hearing this case are Philip Jackson, Arthur Stewart, Paul Kearney, John Nixon and Patricia Eggers Attorney Peter Freeman and Developer Mark Zippo were both present. John O'Reilly engineer was also in attendance. • After last hearing there was to be discussion with the Fire Department regarding the cul-de-sac. A revised plan by John O'Reilly was submitted; wider by 3 feet into the cul-de-sac. Acceptable by the Fire Chief (letter 1-10-14) • D screpancies from previously recorded plans; chart submitted (dated 1-14-14) with the changes in shaded • Qjuestion from Town Planner as to access to/from Route 134 during construction o Maintain access for abutter with easement o Consider notification when road is closed • Mr. Zippo suggested a "temporary road" across lots 1-2-3-4-5; for the time frame of road and utilities construction. Road and utilities should take about 90 days. o Town Planner feels this should be conditioned and seems to be an acceptable improvement o Are the grades the same in both places? All between 82 and 86 Open to Input • Fred Cheney(abutter) remind the board of previous problems Town does not recognize the road, I take care of the road (plowing) Continue to reiterate; he wants a straight access • Sisan Leven (Town Planner)- Town should plow this road once it has been completed • ,1l(lian Douglass(Asst. Town Administrator)- Once a paved road the Town will plow but not maintain it • Peter Freeman(attorney)- Cul-de-sac is attractive to the community vs straight road Trucks can navigate this road Not an inconvenience No problem adding a condition regarding temporary road, conceptual plan submitted to Town Planner and Fire Chief Further Discussion • Island to be 20 foot diameter, hardened cobble (common within subdivisions) • Driving over the center is for Emergency ONLY (not everyday use) • Cobble vs. asphalt goes back to marketing (developer prefers cobble) ZBA Minutes 01-14-14 1/30/2014 9:53 AM • "burden of easement" is a private civil issue • Unfathomable that everyday equipment of abutters cannot make the turn at the cul-de-sac • Cyl-de-sac is 20 feet wide, flared at the entrance • Engineer comfortable with the design • Fire Department can get ladder truck around this • Granite aprons can be driven on Discussion/Draft decision • #$ Condition 23; add/change "cobble or asphalt for emergency vehicular traffic" R @vision date: 01-13-14 • #,6 Condition 24; date: 01-13-14 • #7 Condition 24: Line 6- close the parentheses • # - accepted as written • #10- dates house plans: 11-12-13 • #].3- "as much as possible, with no invasives" remove "as is" • Aid condition for temporary road (conceptual sketch requested/approved by Fire Dept. and Town Planner) • Is the Board satisfied with the Fire Department plans? YES (all in agreement) • Other comments; home design choices; 4 Affordable; 2 capes and 1 ranch MOTION by Patricia Eggers to close to Public Input Second by John Nixon VOTE: 50-0 Discussion • Ms. Eggers will not be available for the January 28, 2014 meeting • Mr. Erikson has been attending all meetings with the exception of December 10, 2013. He will review the video of that meeting as well as the written minutes and sign off/ Mullin Rule • Mr. Erikson will replace Ms. Eggers as the 5th member of the ZBA MOTION by Arthur Stewart to place the Final Approval of Modifications of Comprehensive Permit 07-08 on the January 28, 2014 ZBA meeting. Second by John Nixon VOTE: 540-0 MOTION by John Nixon to adjourn at 9:10 PM Second ty Patricia Eggers VOTE: 6-0-0 Respectfully submitted, Marilyn 1'1ooers, Recording Secretary ZBA Minutes 01-14-14 1/30/2014 9:53 AM