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Home My Public Portal AboutZoning Board of Appeals -- 2015-03-10 Minutes TOWN OF BREWSTER Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 _ (508) 896-3701 x1168 — — " FAX (508) 896-8089 .d : Date: Approved: April 14, 2015 Vote: 8-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, March 10, 2015 at 7:00 PM Brewster Town Office Building Attending Committee Members: Philip Jackson (Chairman),Arthur Stewart, Bruce MacGregor, Les Erikson, and Sarah Kemp Member absent: Patricia Eggers, John Nixon, Brian Harrison 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 03-10-15 Minutes MOTION by Arthur Stewart to accept the Minutes of February 10,2015 as distributed. Second by Bruce MacGregor.VOTE 4-0-1 15-04 William J.Hanney, (represented by Robert M.Perry,Cape Cod Engineering Inc),29 Captain Dunbar,Map 91 Lot 37 (old M 7 L 12) in the RM zoning district.The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-6, 25 A+B,and 51 to move the existing dwelling on 29 Captain Dunbar to an adjacent lot and construct a new dwelling at 29 Captain Dunbar. Continued from 01-13-15 TO 4-14-15 15-05 William J.Hanney, (represented by Robert M.Perry,Cape Cod Engineering Inc),35 Captain Dunbar,Map 91 Lot 38(old M 7 L 13) in the RM zoning district.The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-6, 25 A+B,and 51 to demolish existing dwelling,remove debris and move a replacement dwelling to the property. Continued from 01-13-15 TO 4-14-15 Requested a CONTINUANCE of 15-04 and 15-05 MOTION by Arthur Stewart to continue 15-04 as requested by the applicant to April 14, 2015. Second by Bruce MacGregor. VOTE 5-0-0 ZBA Meeting Minutes Page 1 of 5 03-10-15 4/16/2015 9:50 AM MOTION by Arthur Stewart to continue 15-05 as requested by the applicant to April 14, 2015. Second by Bruce MacGregor. VOTE 5-0-0 15-08 Mikroula'LLC c/o Periklis Christou, (represented by Bennett Environmental Assoc.),280-282 Underpass Road, Map 76 Lot 31 (old M 26 L104 1) in the CH zoning district. The applicant seeks a Special Permit Modification under MGL 40A and Brewster Bylaw 179-51 to add a 480 SFaddition to existing building. Members hearing this application: Philip Jackson (Chairman),Arthur Stewart, Bruce MacGregor, Les Erikson, and Sarah Kemp David Bennett (Bennett Environmental Assoc.) represented the applicant. Mr. and Mrs. Christou were present. Mr. Bennett gave a brief overview; • Minor addition to kitchen for more efficiency and larger ovens • Not an increase in the number of seats • Parking configuration is the same • Additional Parking lighting and sidewalk directional lighting facing downward) • Gravel parking continues except 2 paved handicapped spots • Continue as a year round restaurant on this site • Addition 20 x 23 or 460 s.f. (under 500 sf does NOT trigger Site Plan Review (Planning Board) • single story addition • Lot coverage within 20% • No setback issues Board Discussion • Existing Special Permit from ZBA (99-31) • Request referring to Modification of Planning Board Special Permit 2004-20 (filed with Registry of Deeds 2014) and previously amended in 2007. • Should the ZBA modify a permit that was not before us previously? YES as COPD no longer exists • Parking discussion; NOT all parking onsite (lease with neighbor for use of overflow parking), Parking is a site plan issue (remains the same) • Parking is a Town Policy (negotiated with applicants) not a current Bylaw • Main expansion is kitchen (eliminate prep area in basement) and increase efficiency • Meets all setbacks • Seating capacity; 1999-30, 2004-30, 2007-72(modified), current 72 (all established by the Planning Board) • Recommend ZBA modify 99-31 Open to Public Input • No one spoke to this project MOTION by Sarah Kemp to Close to Public Input. Second by Arthur Stewart. VOTE 5-0-0 Final Comments Page 2 of 5 ZBA Meeting Minutes 03-10-15 4/16/2015 9:50 AM • Town said parking is adequate • Kitchen expansion does NOT influence restaurant seating • Board members in favor of this expansion MOTION by Les Erikson to GRANT a MODIFICATION /15-08 Mikroula LLC c/o Periklis Christou, (represented by Bennett Environmental Assoc.), 280-282 Underpass Road,Map 76 Lot 31 for ZBA Special Permit 99-31 to allow construction of proposed kitchen with condition; to receive copy of current parking lease with neighbor (Further Reference to Planning Board Special Permits 2004-20 and 2007-20 modification.) Second by Sarah Kemp. VOTE: 5-0-0 15-09 Patrick Horsman, (represented by Bennett Environmental Assoc./ Attorney Benjamin Zehnder), 298 Robbins Hill Road,Map 38 Lot 80 (old M 2 L 8) in the RM zoning district.The applicant seeks a Special Permit underMGL 40A and Brewster Bylaw 179-25B to demolish and reconstruct pre- existing non-conforming 5 bedroom dwelling and replace it with pile supported structure within a Wetlands Conservancy area. Members hearing this application: Philip Jackson (Chairman),Arthur Stewart, Bruce MacGregor, Les Erikson, and Sarah Kemp David Bennett (Bennett Environmental Assoc.) and Attorney Benjamin Zehnder represented the applicant. Mr. Bennett gave a brief overview; • The application was based on a meeting with Zoning Agent Victor Staley and Town Planner Susan Leven • Special Permit required for reconstruction of similar building with similar use • Design allows for wind to blow sand through to allow vegetation to build dune • Footprint on the ground is smaller • Meets all current requirements • Seeking relief for construction in Conservancy area (Hooksom soils) • Intention of this meeting; can this be done through zoning compliance? • Process; Bylaw within Conservancy District Residential structures not allowed to build Residence already there/alteration requested Flood plan District-how new structure effects wetlands issues CONS COM first • Vetting this application with ZBA Board Discussion • How is height measured? • Results from test borings • How much excavation? • What are septic system issues? ZBA Meeting Minutes Page 3 of 5 03-10-15 4/16/2015 9:50 AM • "Neighbors working cooperatively"/homeowners bear the risk Mr. Bennett and Attorney Zehnder are asking for a CONTINUACE to April 14, 2015 meeting They will present full sized plans and further detail information/an update until completed CONS COM hearings. MOTION by Arthur Stewart to CONTINUE 15-09 TO April 15, 2015. Second by Sarah Kemp. VOTE: 5-0-0 15-10 Kevin G.+ Margaret D.Weber, (represented by Reef Realty),43 Robinson Road, Map 69 Lot 84 (old M 5 L 60),in the RM zoning district. The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25 B to alter/expand a pre-existing non-conforming structure by demolishing an existing garage and constructing a new attached structure. Members hearing this application: Philip Jackson (Chairman),Arthur Stewart, Bruce MacGregor, Les Erikson, and Sarah Kemp • Bruce MacGregor disclosed that he lives on th same street but is not an abutter • OK with Mr. Haggerty for him to hear this application The Weber's were represented by Jim Haggerty(Reef Realty) Mr. Haggerty gave a brief overview; • Demolish a single car garage and replace with a new attached addition • includes a new septic system (already approved by Board of Health) • Approved by Historic Commission • Grandfathered setbacks (created in 1947) and lot coverage Board Questions • Height is lower than existing by 2.5 feet • dormer front and back • stay within existing garage footprint • NO garage but double wide drive for parking Open to Public Input • No one spoke to this project MOTION by Sarah Kemp to Close to Public Input. Second by Arthur Stewart. VOTE 5-0-0 Thoughts • No issues,well done MOTION by Sarah Kemp to GRANT a SPECIAL PERMIT for 15-10 Kevin G. + Margaret D. Weber, (represented by Reef Realty), 43 Robinson Road, Map 69 Lot 84, B to alter/expand a pre-existing non- conforming structure by demolishing an existing garage and constructing a new attached structure according to the plans submitted. Second by Arthur Stewart. VOTE: 5-0 MOTION by Sarah Kemp to adjourn at 9:07 PM Second by Arthur Stewart ZBA Meeting Minutes Page 4 of 5 03-10-15 4/16/2015 9:50 AM VOTE: 5-0-0 Respectfully submitted, Marilyn Mooers/Administrative Assistant ZBA Meeting Minutes Page 5 of 5 03-10-15 4/16/2015 9:50 AM