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HomeMy Public PortalAboutZoning Board of Appeals -- 2015-05-12 Minutes w F-w1�1111111i4111Jf1l111/�11j��i��� E 4s %., TOWN OF BREWSTER Zoning Board of Appeals �< < 2198 Main Street Brewster, Massachusetts 02631-1898 _=p _ v (508) 896-3701 x1168 r = FAX (508) 896-8089 / Date: Approved: J u lie 9, 2015 vote: 7-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, May 12, 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 and Bruce MacGregor Guests present: Susan Leven,Town Planner To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 05-12-15 Minutes MOTION by Paul Kearney to accept the Minutes of April 14, 2015 as distributed. Second by John Nixon VOTE 7-0-0 15-04 William J. Hanney, (represented by Robert.M.;Perry,Cape Cod Engineering lnc19 Captain Dunbar,Map 91 Lot 37 fold M 7 L 121 in the.RM zoning distrrct.;The applicant seeks a Special Permit under MGL.40A-9 and Brewster Bylaw 179''-b, 25'A4 and S1 to move the exist�r g dwelling on 29 Captain Dunbar,it an adjacent lot and construct a new dwelling at 29 Captai Dunbarnj 15 05 William J.Hanney, (represented by Robert M ;Perry,Cape Cod Engi b6Ang'lnc),35 Captain Dunbar,Map 91 Lot 38 (old M 7 L 131 in the RM zoning district The applicant seeks a Special Permit; 1. under MGL SOA 9 and B rewster Bylaw 179-b 25 ASB and 51'to demahsh existing dwelling,remove debris and m©ve,a:replacement dwelling to the prbperty Requested a CONTINUANCE of 15-04 and 15-05 to June 9, 2015 MOTION by Arthur Stewart to continue 15-04 as requested by the applicant to June 9, 2015 Second by Brian Harrison. VOTE 7-0-0 MOTION by Arthur Stewart to continue 15-05 as requested by the applicant to June 9, 2015 ZSA Meeting Minutes Page 1 of 4 05-12-14 6/15/2015 9:42 AM Second by Brian Harrison VOTE 7-0-0 L.15-09 Patrick Horsman, (represented .by Bennett Environmental Assoc,/ 'Attorney ,Benjamin. Zehnder),298 Robbins Hill Road,_Map 38 Lot 80 (old M.2.1.8) in the RM zoning district.The applicant seeks"a Special Permit under MGL 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. Requested by Bennett Environmental to CONTINUE until June 9, 2015. MOTION by Arthur Stewart to continue 15-09 as requested by the applicant to June 9, 2015 Second by Patricia Eggers. VOTE 7-0-0 1.543 Robert and Suzanne 'Young, (represented by Attorney;Paul R. Tardiff, 'Esq) 91 Cedar Hill Road, Map 38 Lot 26 (old Map 02 Lot 36), in the`RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25 B, CONTINUANCE requested by Attorney Paul R. Tardiff MOTION by Arthur Stewart to continue 15-13 as requested by the applicant to July 14, 2015 Second by John Nixon. VOTE 7-0-0 . 15-12 Derek Clarke (represented by John M.O'Reilly,PE,PLS),'O Governor.Winthrop,,Map b9 Lat 14 . (old Map 510t 4214n the RM zoning district.;;The applicant seeks a Variance under MGL 40A-9 and Brewster Zoning Bylaw 179-52 to build a home with garage within a designated Conservancy Sails'area. ; Members hearing this application; Arthur Stewart, Brian Harrison,John Nixon, Paul Kearney and Philip Jackson Attorney Benjamin Zehnder and John M. O'Reilly, PE, PLS represented the applicant. Attorney Zehnder gave a brief overview of their request. • They are requesting a Variance within a Wetlands Conservancy Soils district. • They request the Board render an administrative determination as there are NO conservancy type soils within the mapped area • House shown on the plan is just an approximation of where and size of future building,this lot has NO building but has been perked and septic design has been done. • No Conservancy soils found at or near the septic area • Lot is clearly within the Conservancy soil area • 4 (four) test holes were done to a depth of 16 feet; NO ground water found • This lot is one lot back from Cape Cod Bay (no wetlands on the property),above the resources Flood Plain • The soil was found to be clean sand and loam sand. Silt loam is deep • All other lots in the area are developed Board questions • ruling incumbent upon where test holes were done ZBA Meeting Minutes Page 2 of 4 05-12-14. 6/1512015 9:42 AM • Tested 4 holes for septic design- passed • Regarding the theoretical footprint; 6 (six) test holes were done and corners and center • number 1-3-6 face the front of the house • soil sufficient for septage system • Other homes in the area built prior to the Bylaw • an Administrative Determination is difficult on a lot (no specific plans) • Risk falls on the applicant IF Zoning Agent feels it needs relief later in the process (to build a home with a garage in the future) • Work must begin within one year of a Variance being issued or it expires (if the intent is to NOT develop this lot right away might reconsider this application) • this situation is unique • Many members were not opposed to granting this.but would like to seem more test holes • Conservation Agent suggested maybe an.outside party should make this determination • ZBA felt Mr, O'Reilly is a competent, certified, local engineer; they trust his ability to provide more information Open to Public Input NO ONE SPOKE to this issue + Susan Leven- perhaps a letter should be sent to Victor Staley stating what has been said and would he accept a determination or continue with the Variance. MOTION by Arthur Stewart to Close to Public Input. Second by John Nixon. VOTE: 5-0-0 Thoughts • Additional testing suggested as we do not know where the house would be situated on the lot • All mere comfortable with Mr. O'Reilly doing the additional test holes Attorney Zehnder requested a CONTINUANCE of this application to June 9, 2015. MOTION by Arthur Stewart to continue 15-12 as requested by the applicant to June 9, 2015 Second by John Nixon. VOTE 7-0-0 Discussion RE: Cape View 40B • Letter from Peter Freeman RE; parking issues Sachemus and Wampum • Maintain restriction on the development • ZBA decision does not impact property owner • cars cannot park on Wampum and Sachemus EXECUTIVE SESSION To Discuss Strategy with Respect to Litigation as an Open Meeting May Have a Detrimental Effect on the Litigating Position of the Town: MOG Real Estate Holdings LLC, 4018 Main Street, Map 138 Lot 42 (previously Map 30 Lot 22) MOTION by Arthur Stewart to go into EXECUTIVE SESSION as requested by Town Counsel (stated above) Roll call to go into Executive Session out of Executive Session Harrison YES YES ZBA Meeting Minutes Page 3 of 4 05-12-14 6/1512015 9:42 AM Eggers YES YES Stewart YES YES Jackson YES YES Nixon YES YES Kearney YES YES Kemp YES YES MOTION by Arthur Stewart to leave EXECUTIVE SESSION as requested by Town Counsel (stated above) MOTION by Arthur Stewart to adjourn at 8:30 PM Second by Brian Harrison VOTE: 7-0-0 Respectfully submitted, "'"'M V/l l Marilyn Mooers/Administrative Assistant ZBA Meeting Minutes Page 4 of 4 05-92-14 6/15/2095 9:42 AM