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Home My Public Portal AboutZoning Board of Appeals -- 2014-05-13 Minutes Date approved: June 10, 2014 Vote: 6-0-0 TOWN OF BREWSTER ZONING BOARD OF APPEALS Meeting Minutes May 13, 2014 Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing conducted on May 13, 2014 Members present were; Arthur Stewart, Philip Jackson, John Nixon, Patricia Eggers, Leslie Erikson, Sarah Kemp, and Bruce MacGregor Members missing: Brian Harrison and Paul Kearney. To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 05-13-14 Minutes Motion made by John Nixon to ACCEPT the Minutes of April 8, 2014 as presented. Second Made by Arthur Stewart VOTE: 7-10-0 14-08 Janes Conrad, 692 Great Fields Road, Map 52 Lot 55 (M 40 L 2-83), in RM zoning district. The applicant is seeking an Appeal of the Zoning Agents decision and/or a Dimensional Variance under MGL 140 A, sections 8, 10 and 15 and Brewster Bylaw179-37 and 179-52 and section 37 to allow a home occupation within a pre-existing accessory structure greater than 499 square feet. Members hearing this application; Arthur Stewart, Bruce MacGregor, Leslie Erikson, Philip Jackson and John Nixon. Mr. Conrad was present and represented himself and gave brief overview. Two parts to this application; Overturn the ZA decision and/or grant a Dimensional Variance. • Permitted by right/tend to abide by the zoning code of 499 s.f. • Syubmitted a floor plan, then received a letter from the Zoning Agent • Making furniture (commercial venture), period pieces- craftsman • Dp not ship; pickup or deliver • Finishing process; includes sanding, stain or paint. Personal risk. Meet ventilation requirements Questions • Bylaw says 499 s.f. or 40% of the floor area • DUst collection? Bylaw states everything contained in building • Dp you have a sign? NO • Customers by phone or internet • Where will the work actually take place? All in the barn (1200 s.f. total), existing already, personal stiorage upstairs • Power equipment? YES from rough, fully insulated and air-conditioned • Partitioning? Not like to do that, expensive • If granted a Variance, could use the whole space • Abutters comments; applicant has spoken with the abutter and seems satisfied; o Machinery-power tools ZBA Minutes 05-13-14 6/12/2014 9:19 AM o Noise- insulated and soundproofing o No employees o Hours of operation-will meet noise Bylaw; could be working at the discretion of the owner o Barn is 80' to the property line and abutter is across Great Fields Road • DO not ship, usually hand deliver • Materials kept within the structure • Applicant objects to a structure; expensive Open to Public Input • N one spoke to this project MOTION ,y Arthur Stewart to Close to Public Input. Second by John Nixon. VOTE 5-0-0 Thoughts of the Board • Supplies used are handpicked and usually brought home • NO traffic on a regular basis • Two (2) ways to approach; Overturn the Zoning Agent Decision (499 s.f. limit) • Zoning Agent is correct • Divide without any boundaries • According to existing Bylaw MOTION by John Nixon to DENY the overturning of the Zoning Agents decision to act appropriately within thf Zoning Rules and regulations of the town. Second by Arthur Stewart. VOTE: 5-0-0 Dimensional Variance • Use of all the space • Criteria 1 -relating to soil condition, shape or topography of land or the affected structure; built as a typical accessory structure, nothing unusual • Criteria 2- create financial hardship; not being able to use this structure "degrades the investment ofl the purchase of the property" • Usually a Home Occupation does NOT trigger a Variance • Gpod location of the structure on the lot Further Discussion • Can't seem to get past Condition #1 • What would suffice as a petition • 500 s.f triggers Site Plan Review • Applicant would prefer to use entire space • Applicant may choose to Withdraw or continue to re discuss this application • Repetitive Petition to Planning Board is another approach • Simple partition (non permanent) suggested • Intention to use the space Request by the applicant to CONTINUE this application to June 10, 2014 MOTION by Arthur Stewart to accept a continuance of 14-08 as requested. Second by Bruce MacGregor. VOTE 5-Q-0 14-09 or. Timothy McAdams /Breakwater Realty LLC, (represented by Donald Poole, Outermost Land Survey), 2187 Main Street, Map 68 Lot 123 (previously M16 L 59), in the RM zoning district.i The applicant seeks an amendment of Special Permit 95-12 to include the western portion of the ZBA Minutes 05-13-14 6/12/2014 9:19 AM a _ building part of the dental office under MGL 40A-9 and Brewster Bylaw 179-25-B to alter/extend a pre- existing n-conforming use. Members hearing this application; Arthur Stewart, Bruce MacGregor, Sarah Kemp, Patricia Eggers and John Nixon. Applicant was represented by Donald Poole, Out ermost Land Survey. Dr. McAdams was present. • Or!iginal permit granted in 1995 to Dr. Schmidt • In12002 property was transferred to Dr. McAdams for same use • Convert an interior space (assigned as a kitchen) to a dental room. • Planning Board gave relief from Site Plan Review • Legitimize the building as it is used now • No increase in staffing • No parking requirement for the building or use; new Parking Bylaw (up to the applicant to negotiate number of spaces with the Planning Board) Discussion of the Board • NO problems with this application Open to Public Input • Nb one spoke to this project MOTION by Patricia Eggers to Close to Public Input. Second by Sarah Kemp. VOTE 5-0-0 Further Discussion • NO issues, Unanimously approved i MOTION by Arthur Stewart to APPROVE an amendment of 95-12 as requested by the applicant and to legitimize the building as it is used now. Second by Patricia Eggers. VOTE: 5-0-0. MOTION by Arthur Stewart to adjourn at 8:25 PM Second by John Nixon VOTE: 6-0-0 Respectfully submitted, Marilyn Mooers, Recording Secretary Et:∎--j _STCN TNit.i L%.:.': ZBA Minutes 05-13-14 6/12/2014 9:19 AM