The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2014-08-12 Minutes Date approved: November 18, 2014 Vote: 7-0-0 TOWN OF BREWSTER _ - ZONING BOARD OF APPEALS _ Meeting Minutes August 12, 2014 Chairman Philip Jackson called the meeting to order at 7:00 pm at a duly advertised public hearing conducted on August 12, 2014 Members present were; Philip Jackson (Chairman), Arthur Stewart, Bruce MacGregor, Brian Harrison, John Nixon, Paul Kearney, Sarah Kemp, Patricia Eggers and Leslie Erikson. Others present: Susan Leven (Brewster Town Planner), Jamie McGrath, Judy McGrath. Mr. and Mrs. Belanger and Dean Smetzer. To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 08-12-14 Minutes MOTION made by Patricia Eggers to ACCEPT the Minutes of July 8, 2014 as presented. Second made by John Nixon VOTE: 7-0-2 Request for WITHDRAWAL w/o prejudice 14-12 Brewster Historical Society, Inc (represented by Attorney Stephen B. Jones), 739 Lower Road, MAP 57 LOT 4 (previously M 17 L 1-16) in the RL zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-11, Table 1, number 12 to use the building as a museum 14-13 Brewster Historical Society, Inc (by Attorney Stephen B. Jones), 739 Lower Road, MAP 57 LOT 4 (previously M 17 L 1-16) in the RL zoning district. The applicant seeks a Appeal of the Zoning Agents decision under MGL 40A: Section 8 of the Zoning Agents decision under MGL 40A: section 3 to allow the Brewster Historical Society, Inc. designation as a non-profit, educational corporation. MOTION by Arthur Stewart to GRANT WITHDRAWAL w/o prejudice as requested for 14-12 and 14-13. Second by Paul Kearney VOTE: 9-0-0 14-10 Kevin R. and Judith A. Casey (represented by Jamie McGrath), 205 Cranview Road, MAP 20 LOT 14 (previously M 51 L 16) in the RR zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Zoning Bylaw 179-42.1 section C-le as an Affordable Accessory Dwelling unit. Members hearing this application; Arthur Stewart, Bruce MacGregor, Brian Harrison, John Nixon and Paul Kearney. Mr. Jamie McGrath represented the applicant. Mrs. Judy McGrath was present. Mr. McGrath gave an overview of this application; • Asking for a Special Permit under the Affordable Accessory Dwelling Unit (AADU) Bylaw ZBA Minutes 08-12-14 11/24/2014 9:56 AM • Originally granted frontage under the "dirt road" Bylaw • To construct a separate building; just under 900square feet with garage and farmers porch • 9 acres of land with 2 dwellings on the north and south side of Cranview Road • Condominium form of ownership; one lot • Could not split the lot due to lack of frontage • "gray area"; noting states that an AADU unit cannot be built with 2 homes already on the lot • Abutting subdivision on Glen Road • AADU created just for this purpose; affordable for parents/family members to live closeby BOARD QUESTIONS/DISCUSSION • Cranview is not a recognized road • All ONE lot • Road recognized to Eastern side (Glen Road) • Cranview is now paved but status not changed • What will happen to the structure after the parents leave? Family members only • AADU will be deed restricted with income restrictions' • Still a question of 3 dwellings • Possible guest cottage with NO kitchen • Brewster needs affordable housing; AADU not very successful since established • Common sense kind of approval • Previous accessory apartment Bylaw was a better fit, request Planning Board and Town Planner review this for further/future Bylaw change Open to Public Input • No one spoke to this project MOTION by John Nixon to Close to Public Input. Second by Paul Kearney. VOTE 5-0-0 FURTHER DISCUSSION • "dwelling unit" we think of a housekeeping unit • How the whole is being used, encompasses this unit • Structure definition • No abutters comments • Driveway not mapped out yet • Need to bend on this • Look to maximum space • Condominium is the proper use of the property • Most members are comfortable with this project/interpretation of the Bylaw/concern for future applications • Intensity of use • Lower level (basement) will used for storage MOTION by John Nixon to GRANT this Special Permit (14-10) as an AADU based upon discussion concerning the existing Bylaw and to include information/3 points from letter by Victor Staley (Zoning Agent) dated 8-7-14 with the following condition(s); • Lower level (basement) will be used for storage only • That the applicant present evidence that the original Special Permit #99-10 was recorded in the Barnstable County Registry of Deeds. • That the four open Building Permits regarding the entire property dating from 2001 to 2013 be finalized and obtain appropriate Certificates of Occupancies by a time specific. • That the Gazebo/Hot tub and shed that are located in violation of the required setbacks obtain Building Permits and relocate to a proper setback. • Final Plans to be submitted to ZBA prior to filing with Registry of Deeds Second by Arthur Stewart VOTE: 4-1-0 (Harrison voted against) ZBA Minutes 08-12-14 11/24/2014 9:56 AM ACTION ITEM Town Planner/Planning Further review of AADU Bylaw Board Clean-up structure vs. dwelling unit Housing Partnership Look at this Bylaw again 14-11 William Belanger(represented by John M. O'Reilly),45 Sheep Pond Circle, MAP 73 LOT 10 (previously M 41 L 75) in the RR zoning district.The applicant seeks a Special Permit and/or a Variance under MGL 40A and Brewster Bylaw 179 Article V, Section 179-16 to construct an attached garage to an existing single family dwelling. Members hearing this application were; Bruce MacGregor, Brian Harrison, Leslie Erikson, Patricia Eggers and Sarah Kemp. Mr. John O'Reilly represented the applicant Mr. and Mrs. Belanger were present Mr. O'Reilly gave a brief overview of this application; • Lot created in 1965, built in 1978 • Proposed garage and enclosed porch • Requesting a dimensional variance for setbacks due to extreme topography of lot • Slope from 64 to 16 feet • 2 foot variance to the right and 14 feet from the road • Position as far back as possible • 2 sets of retaining walls with 4 foot height limit • 2.5 feet below edge of the pavement • 2nd means of egress is stairway off the deck Open to Public Input • Dean Smetzer (abutter) in favor of this application • Letters received; John and Linda Leathers- in favor Patrician and John Sweeny- no objection Brewster Heights Association- approved plans Aira Johnson- no objection MOTION by Patricia Eggers to Close to Public Input. VOTE 5-0-0 DISCUSSION • Special Permit or Variance/ Definitely a Variance • Serious topography • All members in favor MOTION BY Brian Harrison to GRANT a Variance for 14-11 William Belanger (represented by John M. O'Reilly), 45 Sheep Pond Circle, MAP 73 LOT 10 (previously M 41 L 75) in the RR zoning district as submitted according to plan dated 7-23-14. Second by Patricia Eggers. VOTE: 5-0-0 MOTION by Brian Harrison to withdraw request for Special Permit 14-11 as requested. Second by Patricia Eggers. VOTE: 5-0-0 MOTION by Patricia Eggers to adjourn at 8:12 pm Second by Arthur Stewart VOTE 9-0-0 Respelf 411 bmi M. yn Mooers, Reiording Secreta ZBA Minutes 08-12-14 11/24/2014 9:56 AM