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Home My Public Portal AboutZoning Board of Appeals -- 2015-06-09 Minutes \\\`\��1�11111111U filllll!!j!��O TOWN OF BREWSTER Zoning Board of Appeals 2, ys�e° 9FN 2198 Main Street Brewster, Massachusetts 02631-1898 0 � s ti (508) 896-3701 x1168 FAX (508) 896-8089 Date: Approved: JULY 14, 2015 Vote: 5-0-2 TOWN OF BREWSTER Zoning Board of Appeals Tuesday,June 9, 2015 at 7:00 PM Brewster Town Office Building Attending Committee Members: Philip Jackson (Chairman),Arthur Stewart, Bruce MacGregor, Patricia Eggers, Brian Harrison, Paul Kearney and Les Erikson. Member absent: Sarah Kemp and John Nixon, Guests present: Susan Leven, Town Planner To review past/present hearing: www.brewsler-ma.goy/documents and archives/Ch 18 video archives/recent videos/ ZBA 06-09-15 Minutes MOTION by Patricia Eggers to accept the Minutes of May 12,2015 as distributed. Second by Arthur Stewart, VOTE 7-0-0 CONTINUED HEARINGS 15-11 Jack+ Linda Darbyshire (represented by Mark Robinson), 12B +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 and remove restriction placed on second dwelling. MOTION by Arthur Stewart to CONTINUE 15-11 as listed to July 14, 2015. Second by Brian Harrison. VOTE: 7-0-0 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 179-25B to demolish and reconstruct pre- existing non-conforming 5 bedroom dwelling and replace it with pile supported structure within a Wetlands Conservancy area. ZBA Meeting Minutes Page 1 of 6 06-69.15 7/16/2015 10:41 AM • Horsman case has been before Conservation since March, 2015; next date is June 16, 2015. Conservation has suggested moving structure away from the dune. • Applicant has applied for a Variance for to be heard July 14, 2015 • Request of CONTINUANCE OF 15-09 TO July 14, 2015 meeting MOTION by Arthur Stewart to CONTINUE 15-09 to July 14, 2015. Second by Leslie Erikson. VOTE: 4- 0-0 15-12 Derek Clarke (represented by John M.O'Reilly,PE,PLS),0 Governor Winthrop, Map 69 Lot 14 (old Map 5 Lot 42),in the RM zoning district. The applicant seeks a Variance under MGI,40A-9 and Brewster Zoning Bylaw 1.79-52 to build a home with garage within a designated Conservancy Soils area. CONTINUED from May 12, 2015 Hearing this application;Arthur Stewart, Brian Harrison,John Nixon, Paul Kearney and Philip Jackson. Patricia Eggers will replace Mr. Nixon.as she was in attendance on the previous date and has reviewed all materials presented. Attorney Benjamin Zehnder and John M. O'Reilly, PE, PLS represented the client • The Board had previously asked for more extensive soils testing • 5 more hand borings were done to approximately 70 inches • NONE of the samples exhibited Belgrade soils • NO groundwater within 3 feet • Found a fine grain sand product • not inland or coastal wetland • Results; we DO NOT believe this property is dealing with Belgrade soil • Mr.Zehnder request a determination not requiring a Variance BOARD DISCUSSION and QUESTIONS • Mr, O'Reilly has done the task as asked • Clearly NO Belgrade • County map may not be accurate • All Board members agree that there is NO evidence of Belgrade soil in and around this property. • Board members are uncomfortable with a Variance Open to Public Input NO ONE SPOKE to this issue MOTION by Patricia Eggers to Close to Public Input, Second by Brian Harrison. VOTE: 5-0-0 Thoughts Board feels that a Variance does NOT need to be issued A letter will be sent to applicant and Zoning Agent stating as such. MOTION by Brian Harrison based on evidence presented; the lot in question does not have Conservancy soils. Second by Patricia Eggers. VOTE: 5-0-0 ZBA Meeting Minutes Page 2 of 6 06.09.15 7/16/2015 10:41 AM 15-04 William J. Hanney, (represented by Robert M. Perry, Cape Cod Engineering Inc and Attorney Andrew Singer), 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. 15-05 William J. Hanney, (represented by Robert M. Perry, Cape Cod Engineering Inc and Attorney Andrew Singer), 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 Board will hear BOTH of these applications together as they are interrelated. Members hearing this application: Brian Harrison, Bruce MacGregor, Paul Kearney, Les Erikson, and Patricia Eggers. Attorney Andrew Singer and Robert Perry (Cape Cod Engineering) represented the applicant. Attorney Singer gave an overview of this project; • Attorney Singer presented a new set of photographs • Other documents; Topo restoration plan, Lot 29 plans and Lot 35 plans • 2 adjacent lots • RM district • Wetlands conservancy • pre-existing and non-conforming • Proposal; #35 demolished, #29 move to #35, new house to be built on #29 • No changes in number of bedrooms or density • more environmentally protective • mostly the same footprint • not more detrimental • no change in the permitted use • building height conforms for both sites • building coverage conforms on both sites • approved by Conservation Commission • HDC will review these units • adequate off street parking • only one (1) abutters letter; support BOARD DISCUSSION and QUESTIONS • can you consider electric underground • HDC may require changes/we may have to amend the decision • Same septic to be used • Setbacks are 20-10-10 (lots created before 1960) OPEN to Public Input NO one spoke to this application MOTION by Brian Harrison to CLOSE to public input, Second by Patricia Eggers. ZBA Meeting Minutes Page 3 of 6 06-09-15 7/16/2015 10:41 AM VOTE; 5-0-0 FINAL THOUGHTS All voted in favor MOTION by Leslie Erikson to GRANT a Special Permit to 15-04 William J. Hanney, (represented by Robert M. Perry, Cape Cod Engineering Inc and Attorney Andrew Singer), 29 Captain Dunbar,Map 91 Lot 37 (old M 7 L 12) in the RM zoning district to move the existing dwelling on 29 Captain Dunbar to an adjacent lot and construct a new dwelling at 29 Captain Dunbar. Second by Patricia Eggers.VOTE: 5-0-0 MOTION by Leslie Erikson to GRANT a Special Permit to 15-05 William J. Hanney, (represented by Robert M. Perry, Cape Cod Engineering Inc and Attorney Andrew Singer), Captain Dunbar,Map 91 Lot 37 (old M 7 L 12) in the RM zoning district to demolish existing dwelling, remove debris and move a replacement dwelling to the property. Second by Patricia Eggers. VOTE: 5-0-0 15-14 Steven Gould, 0 Tower Hill Circle, Map 66 Lot 117 (OLD M 26 L 117-1) in the CH zoning district. The applicant seeks a Special Permit under MGL 40A ND Brewster Bylaw 179-5-E to allow a residential use to extend into the commercially zoned portion of a split lot. NO ONE was present to present this application ZBA will defer to the end of the meeting.... 15-15 David A, Gillespie and Susan T. Sabetti (represented by Attorney Andrew L. Singer), 26 Nancy May Path, Map 91 Lot 14-801 (OLD M 7 L 11-4) in the RM zoning district.The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-6, 25 and 51 to alter, extend and change (raze and replace) a pre-existing, non-conforming single family dwelling with a two-story dwelling on the same footprint plus a 34 sq. ft. bulkhead. Members hearing this application; Brian Harrison, Bruce MacGregor, Paul Kearney,Arthur Stewart and Patricia Eggers. Attorney Andrew Singer was representing the applicant. Keith Fernandez (John M. O'Reilly) was present as well as the owner Mr. Gillespie Attorney Singer gave an overview; • This is part of the Ellis Landing Park Condominium group • According to Condo docs and Master Deed this can be done with permission of the membership • Not dramatically different • not substantially detrimental to neighborhood • No change in single family use • Septic is as far away from top of bank as allowed/no change in the system • building height conforming • Lot coverage is 17% • side and rear setbacks legal with the exception of the bulkhead • house is to be moved 5' towards the road ZBA Meeting Minutes Page 4 of 6 06-09-15 7/16/2015 10:41 AM • vegetation restoration plan provided • CONSERVATION; Review has been opened/further discussion regarding the foundation • HDC-have NOT been to historic yet • Utility pole to be relocated BOARD DISCUSSION and QUESTIONS • Don't like the idea ZBA hears this before finishing with Cons Com • CONS COM should be FINISHED before ZBA • environmentally sensitive area • What is the space below grade to be used for? Mechanicals • Basement will be 5 feet below whole house, now a crawl space OPEN to Public Input Mr. Gillespie- explained why Conservation had not completed their review of this project; competing coastal geologists.Asking for contingencies. MOTION by Pat Eggers to CLOSE to public input, Second by Brian Harrison. FINAL THOUGHTS • Feel there should be a Continuance waiting CONS COM approval Request from Attorney Singer to CONTINUE to July 14, 2015 MOTION by Arthur Stewart to Continue 15-15 to July 14, 2015. Second by Patricia Eggers. VOTE: 5-0-0 15-16 Duane Doolittle, 8 White Oak Trail, Map 107 Lot 20 (OLD M 42 L 20) in the RL zoning district. The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-52 to construct an open front porch to a pre-existing dwelling within the front setback. Members hearing this application: Brian Harrison, Leslie Erikson, Paul Kearney, Patricia Eggers and Philip Jackson. Mr. Doolittle gave a brief overview of his request. • Odd shaped lot; long and narrow • Corner of Freemans Way and White Oak • Setback is 25 feet and corner of the porch extends 4 inches into setback • Does not go toward abutting lot BOARD DISCUSSION and QUESTIONS • Very diminimus in nature • All member in favor of this Variance • Meets criteria OPEN to Public Input NO one spoke to this application MOTION by Patricia Eggers to CLOSE to public input, Second by Leslie Erikson. VOTE: 5-0-0 ZBA Meeting Minutes Page 5 of 6 06-09-15 7/16/2015 10:41 AM MOTION by Paul Kearney to Grant a Variance to 15-15 under MGL 40A and Brewster Bylaw 179-52 to construct an open front porch to a pre-existing dwelling within the front setback, Second by Patricia Eggers. VOTE: 5-0-0 MOTION by Arthur Stewart to adjourn at 8:40 PM Second by Patricia Eggers VOTE; 7-0-0 Respectfully submitted, Marilyn Mooers/ ministrative Assistant ZBA Meeting Minutes Page 6 of 6 06-09-15 7/16/2015 10:41 AM