The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2015-07-14 Minutes Ounwi moll TOWN OF BREWSTER * 01, Zoning Board of Appeals 0 -4•4:1). 2198 Main Street 4'-`4 Brewster, Massachusetts 02631-1898 E u i 0 IJittt 101 fg. (508) 896-3701 x1168 r - ow- FAX (508) 896-8089 - -70 0 fAlii;;Fri)AW • kallii I I lilt10 Date: Approved: 08-11-15 INRAK. Vote: 7-0-0 _ TOWN OF BREWSTER Zoning Board of Appeals Tuesday,July 14, 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, Sarah Kemp and John Nixon Member absent: Les Erikson. Guests present: Susan Leven, Town Planner, Mark Smith To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 07-14-15 Minutes MOTION by Paul Kearney to accept the Minutes of June 9,2015 as distributed. Second by Patricia Eggers. VOTE 5-0-2 ADMINISTRATION Additional information to be presented by Town Planner Sue Leven,per conditions of decision. RE: 13-22 Cape View Development LLC,represented by Attorney Peter L Freeman,Wampum Trail and Sachems Trail,Map 78 Lot 137 (previous M 15 L 125-2) in the CH,VB and RM zoning districts Members hearing this application; Arthur Stewart, Brian Harrison, Philip Jackson, John Nixon, and Paul Kearney. • Susan Leven presented the following documents previously requested for this decision; Road Improvement Plan Recreation area Plan (including Tot lot) Landscaping Plan Condominium Master Deed • Plans are acceptable to the DPW Director and the Town Planner • Redesign of Jane Remy parking lot goes to the Planning Board next week (July 22, 2015) • Tot Lot: suggest benches • Master Deed- reviewed by the Planning office • Everything asked for has been provided ZBA Meeting Minutes Page 1 of 6 07-14-15 8/12/2015 8:51 AM MOTION by Arthur Stewart regarding Cape View 13-22 that we are in agreement with Town Planner that requested documents have been provided as requested and required by the stipulation for dismissal. Second by John Nixon. VOTE: 5-0-0 CONTINUED HEARINGS 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. Request from Mr. Gould to WITHDRAW w/o prejudice application 15-14 MOTION by Arthur Stewart to WITHDRAW w/o prejudice 15-14 Steven Gould, 0 Tower Hill Circle, Map 66 Lot 117 (OLD M 26 L 117-1) in the CH zoning district. Second by John Nixon. 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 and remove restriction placed on second dwelling. Members hearing this application; Arthur Stewart, Brian Harrison, John Nixon, Bruce MacGregor and Paul Kearney. Mr. Mark Robinson, Executive Director of The Compact of Cape Cod Conservation Trusts presented this application on behalf of the Darbyshire family. • They came before us in March, 2015 as an Informal discussion • John J. O'Reilly prepared the Plan of Land, dated June 1, 2015 (JMO-7087) • They wish to leave both houses on the property • Request to AMEND the decision 91-11 to reflect the conveyance of land • Abuts the Punkhorn • Old cottage to be a second dwelling • No problems with zoning requirements (Frontage and all setbacks) Open to Public Input NO ONE SPOKE to this issue MOTION by Brian Harrison to Close to Public Input. Second by John Nixon. VOTE: 5-0-0 BOARD DISCUSSION • No problems with is application MOTION by John Nixon to AMEND 91-11 Special Permit 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. Second by Brian Harrison. VOTE: 5-0-0 ZBA Meeting Minutes Page 2 of 6 07-14-15 8/12/2015 8:51 AM 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 ecial 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; Arthur Stewart, Brian Harrison, Patricia Eggers, Bruce MacGregor and Paul Kearney. Attorney Andrew Singer represented the applicant • Conservation has reviewed and approved this application, requesting the home to be moved back 5' (five feet) from the top of the bank • Historical Committee approve the demolition on July 6, 2015, house design to go before them July 20, 2015 (APPROVED) • Revised plan submitted (JMO - 6507A) revision date; 7-7-2015 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 BOARD DISCUSSION • All satisfied with this application MOTION by Paul Kearney to GRANT Special Permit 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 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 according to final revised plan . Second by Brian Harrison.VOTE: 5-0-0 15-09 Patrick Horsman, (represented by Bennett Environmental Assoc. and Attorney Benjamin Zehndeii),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. 15-18 Patrick Horsman, (represented by Bennett Environmental Assoc. and Attorney Benjamin Zehndei),298 Robbins Hill Road,Map 38 Lot 80 (old M 2 L 8) in the RM zoning district The applicant seeks a !VARIANCE under MGL 40A-9 and Brewster Bylaw179-52 from the front and side setbacks to demolish and reconstruct a dwelling away from a coastal dune. This application supplements application #15-09 Which seeks a special permit to demolish and reconstruct a dwelling on a property located within the Wetland Conservancy District. Members hearing this application; Philip Jackson, Arthur Stewart, Bruce MacGregor, Les Erikson, and Sarah Kemp Attorney Benjamin Zehnder did a re-cap of 15-09 and presented new information for application 15-18. ZBA Meeting Minutes Page 3 of 6 07-14-15 8/12/2015 8:51 AM Information for both applications were heard together but will be discussed and voted separately. IN GENERAL • Board of Health information is their decision • Approved by Conservation June 30, 2015, Order of Condition will be forthcoming. Moved back from the primary frontal dune. Design is being reworked (reduced in size) • House was built in 1978 as a three (3) bedroom; the lower level was finished after the fact. • Now considered a five (5) bedroom/there may be Board of Health issues • Home to be put on pilings outside the frontal dune. #15-18 VARIANCE • Existence of frontal dune speaks to the topographical issue of a Variance • Hardship-to push away from the road • Setback requirement has changed from original construction date in 1978 • minimize crowding • NO comments from the neighborhood QUESTIONS FROM BOARD • Side setback is 17.5 vs 20 feet • Within pre-existing setbacks for 1973 • Only one side of house because of the dune • Plan of 6022-15 APPROVED (to be submitted) • NO Board of Health comments • CONSERVATION Order of Conditions Final received Conservancy soils Special Permit- not a great detriment VARIANCE-meets criteria Request by Attorney Benjamin Zehnder to CONTINUE 15-09 and 15-18 to the August 11, 2015 meeting MOTION by Arthur Stewart to grant a CONTINUANCE of 15-09 and 15-18 to August 11, 2015. Second by Brian Harrison. VOTE: 5-0-0 15-13 Robert and Suzanne Young, (represented by Attorney David S. Reid.).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, to raze an existing structure and replace an existing structure. There is no change to the footprint for the non-conforming portion of the building only additional volume. The remainder of the building outside the 50'wetlands demarcation complies with Section 26-B and does not require action by the ZBA. Members hearing this application; Bruce MacGregor, Brian Harrison, John Nixon, Paul Kearney, and Patricia Eggers. Attorney David Reid represented the applicant. Mr. and Mrs. Young and David Haggerty(builder) were also present. • Lot was created in 1955 • 13,000 +/- square feet ZBA Meeting Minutes Page 4 of 6 07-14-15 8/12/2015 8:51 AM • house build prior to 1971 • 2 story with 5 bedrooms • applicant wishes to demolish house completely • same foundation and footprint • further to the south from the shoreline • 50' frontage, 20' front setback, 10' side and rear setback and 50' from the wetlands • increase in volume • CONSERVATION order of conditions recorded in April 2015 • Vegetation on coastal bank to be corrected (plan dated 2-23-15) • Septic in same area • Existing foundation/maintained and re-used • appropriate for the neighborhood • 17.8% coverage QUESTIONS from the BOARD • Are you adding a garage in the back?YES, driveway to be reconfigured Open to Public Input • Neville Frankel- This is a private road /road must be re-mitigated. Homeowner has stated he will bring it back to current state. Reef Realty is aware of this. • Roger O'Day- representing Mr. Frankel- NO objections, neighbors have had a discussion MOTION by Patricia Eggers to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0 DISCUSSION • No issues • Who will oversee the remediation of the road? Contractor. They will do a before and after assessment. • Peoples word is fine • Town does not get involved MOTION by Brian Harrison to GRANT a Special Permit to 15-13 Robert and Suzanne Young, (represented by Attorney David S. Reid.). 91 Cedar Hill Road, Map 38 Lot 26 (old Map 02 Lot 36), in the RM zoning district to raze an existing structure and replace an existing structure. Second by Patricia Eggers. VOTE: 5-0-0 15-17 Nancy S.Sullivan (represented by Attorney Michael J. Princi), 9 Tower Hill Circle, Map 66 Lot 32 (OLD M 26 L 1-1) in the CH zoning district. The applicant seeks an appeal of the Zoning Agent's decision under MGL Chapter 40A Section 8 to allow a lot in two zoning districts that received a special permit(case#99-23) under Section 179-5E of the Zoning By-laws to be used for residential purposejs,to also/continue to have a commercial use on the lot. Members hearing this application; Bruce MacGregor, Brian Harrison, John Nixon, Arthur Stewart and Sarah Kemp. Attorney Michael Princi represented the applicant. Nancy Sullivan was also present. Mr. Princi gave a brief overview; • April 17, 2015 Ms. Sullivan received a notice from the Zoning Agent ZBA Meeting Minutes Page 5 of 6 07-14-15 8/12/2015 8:51 AM • This lot has been permitted since 1999- an extension of residential district, eliminating and commercial use on the lot. • This a matter of interpretation • Livery vehicle are parked on lot that is clearly commercial • Special Permit 99-23 extended into commercial- GRANTED under 179-5E • No other restrictions were imposed • Permission was granted from Zoning Agent • Exhibit 3-the Bylaw is silent on this, no ambiguity is the use of the language of Bylaw or Special Permit • The Zoning Agent cannot ADD words to the original Special Permit or conditions • To change this he had to change/add to the Bylaw • No mechanical work is done there. QUESTIONS from the BOARD • In 1999 allowed to extend with no restrictions • Commercial lot portion allowed,allowed house put into zone, • USE was known at that time • Make a choice but not both? • S. Leven-my interpretation is you pick • Any change in Bylaw since 1999? NO • Deal case by case with conditions • Special Permit was awarded,it should be upheld • Stands as written in 1999 Open to Public Input NO ONE SPOKE to this issue MOTION by John Nixon to Close to Public Input. Second by Sarah Kemp. VOTE: 5-0-0 FURTHER THOUGHTS • Majority of the Board felt the Zoning Agent should be overruled • One member felt the USE variance was not necessary MOTION by Sarah Kemp to OVERRULE THE ZONING AGENTS DECISION to allow commercial use on the CH zoned property as per the 1999 decision. Second by Brian Harrison. VOTE: 5-0-0. MOTION by Arthur Stewart to adjourn at 8:50 PM Second by Patricia Eggers VOTE: 7-0-0 Resp/ ctfully submitt / W1.2 Marilyn Mooers Aministrative Assistant ZBA Meeting Minutes Page 6 of 6 07-14-15 8/12/2015 8:51 AM