HomeMy Public PortalAboutZoning Board of Appeals -- 2014-12-08 Minutes 001mm/oft
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Date: Approved: January 13, 2015
Vote: 7-0-1
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TOWN OF BREWSTER
Zoning Board of Appeals
Tuesday, December 9, 2014 at 7:00 PM
Brewster Town Office Building
Attending Committee Members:
Philip Jackson (Chairman), Arthur Stewart, John Nixon, Bruce MacGregor, Brian Harrison , Les Erikson and Patricia
Eggers
Members absent: Sarah Kemp and Paul Kearney
Guests: Susan Leven (Town Planner).
To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/
ZBA 12-09-14
Minutes
MOTION by Arthur Stewart to accept the Minutes November 18, 2014 as presented.
Second by Patricia Eggers
VOTE: 6-0-1
14-15 Paul T.Lucier, represented by Attorney David S. Reid,40 Skaket Way, Map 139 Lot 4(previously M 10 L 21-1
+2 and L 2) located in the RR zoning district. The applicant seeks to clarify/modify a previous decision (04-45)under
MGL 40A and Brewster Bylaw 179, to be allowed to rent the premises after a new home is completed.
Members hearing this application; Arthur Stewart, Bruce MacGregor, Brian Harrison, John Nixon and Philip Jackson.
Attorney David Reid gave an overview of this application;
• request a clarification OR modification of previous permit
• 11 acre property
• original small structure(garage with living area and bedroom)
• 1989 Planning Board issued Special Permit to combine 3 lots as one (expired/not exercised)
• 1995 (95-13)the Zoning Board determined/GRANTED 3 lots equal 1 pre-existing under the dirt road bylaw
• 1996 GRANTED Special Permit by Planning Board. Previous owner built structure in 1998
• 2002 Mr.Lucier purchased the property
• 2004 applied to replace the cottage/garage with a full 4 bedroom home, ZBA APPROVED this as long as the
kitchen was removed from the cottage structure. Condition was added NOT to allow renting the cottage
structure.
• NOW requesting to be allowed to rent the home separately or the home and accessory structure combined.
Cottage to be used for storage by Mr.Lucier(not lived in) if just the home is rented.
Board Discussion
• Is the whole property going to be rented or just the cottage? either home or both buildings combined
ZBA Meeting Minutes Page 1 of 2
12-09-14
1/15/2015 9:42 AM
• Kitchen to be removed from cottage?YES
• Whole concept is regarding a second dwelling unit(rental) on the property
Open to Public Input
Greg Markham- (Seaview )- points of concern have been addressed/multiple dwellings. Would like a clarification
on possible Bed + Breakfast in the future.
Susan Leven (Town Planner)-specific use cannot be denied
Dirt Road Bylaw limits to single family dwelling: Brewster Bylaw 179.26.D.1
MOTION by Brian Harrison to Close to Public Input/Second by John Nixon/VOTE 5-0-0
Further Discussion
• Satisfies everyone with the clarification of accessory structure
MOTION by John Nixon to GRANT a CLARIFICATION of previous Special Permit from 2004 that the property will
remain a one unit property/the second structure will become an accessory structure without a kitchen. Rental will be
allowed as a single structure.
Second by Arthur Stewart
VOTE: 5-0-0
•
Other Topic of Discussion
• Loc{3l Comprehensive Plan meeting 12-10-14/members of the ZBA invited to attend
To be accepted by Cape Cod Commission
• Will the Planning Board consider reviewing the definition of a"dwelling unit"..
MOTION by Pat Eggers to adjourn at 7:35 PM
Second by Arthur Stewart
VOTE: 7-0-0
Respectfully submitted,
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Marilyn Mooers/; inistrative Assistant
ZBA Meeting Minutes Page 2 of 2
12-09-14
1/15/2015 9:42 AM