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Home My Public Portal AboutZoning Board of Appeals -- 2015-08-11 Minutes TOWN OF B R EWSTE R Zoning Board of Appeals 4 h 2198 Main Street Brewster, Massachusetts 02631-1898 r p U a may; (508) 896-3701 x1168 `t,� _= Yro FAX (608) 896-8089 //////��1��llllffJflIII1111111111d1\\\\\\�`�`~ Date: Approved: September 8. 2015 Vote: 7-0-1 TOWN OF BREWSTER Zoning Board of Appeals Tuesday,August 11, 2015 at 7:00 I'M Brewster Town Office Building Attending Committee Members: Arthur Stewart (Vice-Chairman), Bruce MacGregor, Patricia Eggers, Brian Harrison, Paul Kearney, Les Erikson, Sarah Kemp and John Nixon Member absent: Philip Jackson Guests present: Susan Leven, Town Planner To review past/present hearing: www.brewster-ma.g_Qv/documents and archives/Ch 18 video archives/recent videos/ ZBA 08-11-15 Minutes MOTION by Patricia Eggers to accept the Minutes of July 14, 2015 as distributed. Second by Paul Kearney. VOTE 6-0-0 15-19 Ruth A. Jenkins and Joseph Jenkins (represented by Attorney Lester J. Murphy),491 South Orleans Road, Map 144 Lot 1 (previously M 45 L 61) in the RM zoning district.The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25B to add a 26' x 20' addition to a pre- existing non-conforming structure . Members hearing this application; Brian Harrison, John Nixon, Les Erikson, Patricia Eggers and Paul Kearney, Attorney Lester J. Murphy (replacing Attorney E. James Veara) presented the application for his client; • 2 dwellings already on the property (main building and trailer) • asking for a 26 x 26 addition to main house for a dining room • will not increase bedrooms • 10.2 % lot coverage • lot line land swap recently • not more detrimental QUESTIONS • only non conformance is because of 2 dwellings on lot?YES ZBA Meeting Minutes Page 1 of 4 08-11-15 9/9/2015 12:06 PM • not adding bedrooms • All setbacks conform • NO conservancy soils 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 NO FURTHER DISCUSSION by the Board MOTION by Brian Harrison to GRANT a Special Permit for 15-19 (Jenkins) under MGL 40A-9 and Brewster Bylaw 179-25B to add a 26' x 20' addition to a pre-existing non-conforming structure not increasing the non-conformity. Second by Patricia Eggers, VOTE: 5-0-0 1.5-09 Patrick Horsman, (represented by Bennett Environmental Assoc. and 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 4 bedroom dwelling and replace it with pile supported structure within a Wetlands Conservancy area. Members hearing this application; Arthur Stewart, Brian Harrison, Bruce MacGregor, Sarah Kemp and Paul Kearney. Attorney Benjamin Zehnder and Mr. David Bennett represented Mr. Horsman for SPECIAL PERMIT • Have received approvals from Conservation and Board of Health to change to a 4 bedroom home (originally S bedrooms) • Moved back at Cons Com request (away from frontal dune) • No parking on the road (recently determined by the Selectmen) • built just after front setback change QUESTIONS by the Board • 4 bedrooms,interior change only • No footprint change • elevated septic system with "smart technology" Open to Public Input NO ONE SPOKE to this issue MOTION by Brian Harrison to Close to Public Input. Second by Bruce MacGregor. VOTE: 5-0-0 MOTION by Brian Harrison to GRANT Special Permit 15-09 to demolish and reconstruct pre-existing non-conforming 4 bedroom dwelling and replace it with pile supported structure within a Wetlands Conservancy area as stated in application. Second by Paul Kearney. VOTE: 5-0-0 15-18 Patrick Horsman, (represented by Bennett Environmental Assoc, and Attorney Benjamin Zehnder),298 Robbins Hill Road, Map 38 Lot 80 (old M 2 L 8) in the RM zoning district, The applicant ZBA Meeting Minutes Page 2 of 4 08-fl-15 -15 9/9/2015 12:00 PM seeks a VARIANCE under MGL 40A-10 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; Arthur Stewart, Brian Harrison, Bruce MacGregor, Sarah Kemp and Paul Kearney. Attorney Benjamin Zehnder and Mr. David Bennett represented Mr. Horsman for the VARIANCE • Topographical and environmental features directly related • Hardship to rebuild in a specific area/away from the frontal dune • Consistent with the rest of the neighborhood QUESTIONS by the Board No question Open to Public Input NO ONE SPOKE to this issue MOTION by Paul Kearney to Close to Public Input. Second by Sarah Kemp. VOTE: 5-0-0 MOTION by Paul Kearney to GRANT a Variance for 15-18 to reconstruct a dwelling on a property located within the Wetland Conservancy District meeting all Variance criteria. Second by Sarah Kemp, VOTE: 5-0-0 15-20 Kenneth B. Rollins and Robin Sears-Rollins (represented by Attorney Roger V. O'Day), 24 Governor Winthrop Road, Map 69 Lot 30 (previously M 5 L 31) in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25-B to alter/extend within the Wetlands Conservancy District Members hearing this application; Brian Harrison, Bruce MacGregor, John Nixon, Les Erikson and Patricia Eggers. Attorney Roger V. O'Day represented the applicant. Mr. and Mrs. Rollins were present. • Asking to add a small addition 10 x 14 • Subdivision was created in 1927, predating zoning • single family ownership • presently a 3 bedroom dwelling, to remain 3 bedroom • extend one bedroom (on the first floor) • Septic is for 4 bedrooms • NO soils testing done • NO slab or foundation/Sono tubes to be used for minimal impact QUESTIONS by the Board • NOTE on plans show a modified foundation? Due to Conservancy soils • Actual section extends the bedroom only • NO test borings done • 40' to 50' above height ZBA Meeting Minutes Page 3 of 4 08-1�-15 919!2015 12:00 PM • Debatable as to how much Conservancy Soil in the area? Mapping done by the County Open to Public Input NO ONE SPOKE to this issue MOTION by Patricia Eggers to Close to Public Input. Second by John Nixon. VOTE: 5-0-0 MOTION by Patricia Eggers to GRANT a Special Permit to 15-20 to alter/extend within the Wetlands Conservancy District. Second by John Nixon. VOTE: 5-0-0 MOTION by Brian Harrison to adjourn at 8:10 PM Second by Patricia Eggers VOTE: 7-0-0 Respectfully submitted, Marilyn Mooers/Administrative Assistant ZBA Meeting Minutes Page 4 of 4 08-11.15 91912015 12:00 PM