The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2014-04-08 Minutes Date approved: May 13, 2014 Vote: 7-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS R E;EiEW O1JN :LERk: Meeting Minutes April 8, 2014 Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing conductOd on April 8, 2014 Members present were; Arthur Stewart, Brian Harrison, Philip Jackson, John Nixon, Sarah Kemp, Paul Kearney, and Bruce MacGregor Members missing: Patricia Eggers and Leslie Erikson To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 04-08-14 Minutes Motion made by Arthur Stewart to ACCEPT the Minutes of March 11, 2014 as presented. Second made by Brian Harrison VOTE: 6-1-0 04 Cape pd Bible'Alliance(represented by Tarja McGrail (Coastal Engineering), 3580 Main Street, Map 126 Lot I 87, 88 + 89 (previously M 28+29 L 35-1, 14 + 16) In the RM zoning district. The applicant seeks an Appeal of the Zoni Agents decision and or a Dimensional Variance under MGL 40 A and Brewster Bylaw 179, section 8 + 15, Table + 3 for reconstruction of the Cape Cod Bible Alliance Church exceeding lot coverage, side setback and height rerictions. Members', hearing this application; Brian Harrison, Sarah Kemp, Paul Kearney, Bruce MacGregor and Arthur Stewart Mr. John Bologna and Ms. Tarja McGrail (Coastal Engineering) gave the project overview Requests; • Maximum lot coverage of 25%, with canopy is 30% but including all 3 parcels it totals about 16% • Building setback; from drop off canopy to access road is less than required amount by 5 feet • Building height; slope of the roof is less than original due to the widening of the building by 6 feet. Seeple is over height requirement (waived for churches) • Withdraw Appeal of Zoning Agents decision • Proceed with Variance request • Building will be fully sprinkled for public safety • Corner closest to 6A is 39.8 feet from the front (setback is 40'); preexisting and nonconforming Questions from the Board • Plan revision March 25, 2014-minor adjustment in utilities • Height above new grad allows improved accessibility • Final elevation; spot or average? Average • Ridge height lower than previous • Cupola is lower than ridge line • Have you looked at combining all 3 lots? Cannot be done as the "right of way" belongs to the State • If'a single lot is sold off, project would not have enough parking spaces for a church congregation. New owner would have to return for change of use ZBA Minutes 04-08-14 5/15/2014 9:33 AM • ZBA could possibly condition; cannot predict the future. • Approval based on all three lots being contiguous even though bisected by "travelled way" • "travelled way" is a deeded right Open to Public Input • NO one spoke to this project MOTION by Brian Harrison to Close to Public Input. Second by Sarah Kemp. VOTE 5-0-0 Thoughts • Meets Variance criteria • Easement off"travelled way" • Cannot condition as ownership MOTION by Arthur Stewart to APPROVE this Variance as requested for 3 issue with the condition all 3 lots be considered for church use according to plan submitted (dated 3-26-15, including sketch plans and floor plan). Second by Brian Harrison VOTE: 5-0-0 Applicant request a WITHDRAWAL of Appeal of Special Agents decision MOTION by Brian Harrison to withdraw Appeal of Zoning Agent Decision. Second by Paul Kearney. VOTE: 5-0-0 14-06 3e +Julie Drake, 1275 Main Street, Map 47 Lot 13 (M 23 L 23-2), in the RM zoning district The applicant Seeks a Special Permit under MGL 40-A-9 and Brewster Bylaw 179-25 B to extend a pre-existing,non-conforming structure by adding a screened porch,deck, hot tub and outdoor shower. Members hearing this application; Brian Harrison, Sarah Kemp, Paul Kearney, Bruce MacGregor and John Nixon. Mr. Jackson (Chair) read Victor Staley (Zoning Agent/Building Inspector) e-mail statement dated 4-8-14 into the record Mr. Jeff Drake was present and gave a brief overview of his application • Non-conforming with encroachment into the wetlands • Proposed addition of vegetation to scope of work/in compensation for porch encroachment • Deck is 17 feet from lot line • Another house to the North within 50 feet • Conservation Commission status; hearing last week; expand area of re-vegetation and appropriate plantings. Hearing continued, will return April 15tH • New septic, added a 5 bedroom system Open to Public Input • No one spoke to this project MOTION by Brian Harrison to Close to Public Input. Second by Sarah Kemp. VOTE: 5-0-0 Thoughts • Subject to Conservation approval • AS long as plans submitted with application don't change • The 17 feet to side setback is a bigger issue than Conservation (original 1/29/13, latest 3/12/14) MOTION by John Nixon to APPROVE Special Permit (subject to Conservation approval) for extension closer than 50' to determine wetland and assuming the plans remain the same. Second by Paul Kearney. VOTE: 5.0-0 ZBA Minutes 04-08-14 5/15/2014 9:33 AM 14-07 John C.and Karen G. Quinn(represented by Attorney Paul R.Tardif),31 Roberts Road, Map 90 Lot 132(M 7 96-2),in the RM zoning district. The applicant seeks a Special Permit under MGL 40-A-9 and Brewster Bylaw 179.27-C to allow subject property to retain exemptions due to a net change in lot area. Members hearing this application; Arthur Stewart, Brian Harrison, Paul Kearney, Bruce MacGregor and John Nixon. Attorney Paul Tardif and Jim Haggarty (Reef Builders) represented the applicant. Mr. and Mrs. Quinn were present. Attorney Tardif explained this application' • Conservation approval has been received • Historic approval has been received • All were build on the lot lines in 1936 creating a setback issue for each houses • Still one lot, additional land but still within original creation date. • Sp they do not lose (retain) grandfathered rights • Bylaw 179-27-c amended in 2012 for just this reason MOTION by Brian Harrison to GRANT a Special Permit as per application to allow subject property to retain exemptions due to a net change in lot area. Second by Paul Kearney. VOTE: 5-0-0 MOTION by Paul Kearney to adjourn Second by Brian Harrison VOTE: 60-0 Respectfully submitted, // / lL1�/ / I , Marilyn Mooers • -cording Secretary ZBA Minutes 04-08-14 5/15/2014 9:33 AM