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HomeMy Public PortalAboutZoning Board of Appeals -- 2015-04-14 Minutes 1111111111NIH111!lUllgp//// � REws /i,,, TOWN OF BREWSTER `�� Zoning Board of Appeals O 2198 Main Street � Q N9 Brewster, Massachusetts 02631-1898 (508) 896-3701 x1168 FAX (508) 896-8089 //�����//9I11111111lf1fIIIIIlillUlll\1�1����\\�\\ Date: Approved: May 12, 2015 Vote: 7-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday,April 14, 2015 at 7:00 PM Brewster Town Office Building Attending Committee Members: Philip Jackson (Chairman),Arthur Stewart, Bruce MacGregor, Sarah Kemp, Patricia Eggers, John Nixon, Brian Harrison and Paul Kearney Member absent: Les Erikson Guests present; Peter Johnson (BCT), Jeff Thibodeau (BCT consultant) and Jack and Linda Darbyshire. To review past/present hearing: www.brewster-ma,gav/documents and archives/Ch 18 video archives/recent videos/ ZBA 04-14-15 Minutes MOTION by Arthur Stewart to accept the Minutes of January 13, 2015 and March 10 as distributed. Second by Sarah Kemp VOTE 8-0-0 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),3 S 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 S1 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 to MAY 12, 2015 ZBA Meeting Minutes Page 1 of 3 04-14-15 5/14/2015 9:31 AM MOTION by Arthur Stewart to continue 15-04 as requested by the applicant to May 12, 2015 Second by Paul Kearney. VOTE 8-0-0 MOTION by Arthur Stewart to continue 15-05 as requested by the applicant to May 12, 2015 Second by Patricia Eggers. VOTE 8-0-0 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 under MGL 40A and Brewster Bylaw 179-258 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 Requested by Bennett Environmental to CONTINUE until May 12, 2015. MOTION by Arthur Stewart to continue 15-09 as requested by the applicant to May 12, 2015 Second by Patricia Eggers. VOTE 8-0-0 15-11 Jack+ Linda Darbyshire (represented by Mark Robinson), 128 +164 Cranview Road, Map 20 Lot 15 (old M 51 L 15) in the RR zoning district. The applicant seeks an amendment to Special Permit # 91-11 under MGL 40A and Brewster Bylaw 179 to modify the mitigation offered at the time by substituting a 3-acre gift of land for conservation rather than a Conservation Restriction. Members hearing this application: Arthur Stewart, Bruce MacGregor, Brian Harrison, Paul Kearney and John Nixon. Mark Robinson (Cape Cod Compact) represented Brewster Conservation Trust and spoke on behalf of the owners. He gave a brief summary; • 1991 was the original Special Permit putting a Conservation Restriction on most of the land. • Property is bisected by Cranview Road • Would like to make a formal request to convey 3 acres +/- (North of the road) to Brewster Conservation Trust • They will hire an engineer to create new lot line • Conservation Restriction runs with the land (many layers/cumbersome process) • To have the land donated outright we must MODIFY 91-11 • Asking to have the cottage restriction lifted (to become an income property)/still 600 sf but will be renovated QUESTIONS by the Board • Pretty straight forward • No plans to expand the cottage • Must make sure the new lot line will not create any NEW zoning violations (creating 2 new lots MUST meet Zoning today) ZBA Meeting Minutes Page 2 of 3 04-14-15 5!11412015 9:31 AM • Make sure NO setback issues (Table 2, RR district frontage 200 feet, front 40 feet, 25 side and rear) • Applicant should do a ZONING ANAYSIS prior to ZBA decision Open to Public Input NO ONE SPOKE to this issue MOTION by Arthur Stewart to Close to Public Input. Second by Bruce MacGregor. VOTE: 5-0-0 Mark Robinson made a request to CONTINUE until June 9, 2015. MOTION by Arthur Stewart to CONTINUE 15-11 to June 9, 2015. Second by Brian Harrison VOTE: 5-0-0 MOTION by Brian Harrison to adjourn at 725 PM Second by Paul Kearney VOTE; 5-0-0 Respectfully submitted, —Z; (—L ZAA D Marilyn Mooers/Administrative Assistant ZBA Meeting Minutes Page 3 of 3 04-14-15 5/14/2015 9,31 AM