The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2015-09-08 Minutes \pi�� TOWN OF BREWSTER �,044, � {Pr 8 F ,Q�%�J Zoning 2 98 Main StreeZP t 'x Brewster, Massachusetts 02631-1898 o ° � � � ( 508}896-3701 x1168 r y FAX(508) 896-8089 Date: Approved: October 13, 2015 NV Vote: 8-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, September 8, 2015 at 7.00 PM Brewster Town Office Building Attending Committee Members: Arthur Stewart (Vice-Chairman), Philip Jackson (Chairman), Patricia Eggers, Brian Harrison, Paul Kearney, Les Erikson, Sarah Kemp and John Nixon Member absent: Bruce MacGregor To review past/present hearing: www.brewster-ma.gav/documents and archives/Ch 18 video archives/recent videos/ ZBA 09-08-15 Minutes MOTION by Arthur Stewart to accept the Minutes of August 5, 2015 as distributed. Second by John Nixon. VOTE 6-0-2 MOTION by Arthur Stewart to accept the Minutes of August 11, 2015 as distributed. Second by John Nixon. VOTE 6-0-2 DISCUSSION with Town Counsel 15-02 MOG Real Estate Holdings LLC, 4018 Main Street, Map 1.38 Lot 42 (previously Map 30 Lot 22), in the VB zoning district. The applicant seeks a use variance pursuant to Section 179-52 of the Brewster Zoning By-law to operate an auto repair facility on the subject property Attorney Jeanne Kampas • Summary to Judgment filed on 7-7-15 • Attorney Zehnder stipulated to dismiss • Reviewed by Town Planner/approved • Dismissal of case filed on 8-4-15 • NO FURTHER ACTION 15-21 Kerlin Crocker Lane Realty Trust, William Kerlin Jr., (represented by John M O'Reilly & Associates), 217 Crocker Lane, Map 69 Lot 1 (previously M 5 L 206), in the RM zoning district. The ZBA Meeting Minutes Page 1 of 4 09-08-15 10/14/2015 9:03 AM applicant seeks a Special Permit or in the alterative a Variance under MGL 40-A and Brewster Bylaw 179-6 B (2) to alter a pre-existing non-conforming structure within the Wetlands Conservancy District. Members hearing this application; Arthur Stewart, Brian Harrison, John Nixon, Paul Kearney and Leslie Erikson. Mr. O'Reilly gave a brief overview • pre-existing and non-conforming • House built in 1978 • No Special Permit or Variance at the time • House WITHIN Hooksen Dune sand • windblown deposits • Conservation did an extensive review/not significant/not in the resource area. • Order of Conditions provided • Variance aspects provided and met • The house placement meets all setbacks and height restrictions • In keeping with the neighborhood Questions from the Board • Why didn't you do test holes in the area of the additions? Because the dwelling in clearly in the mapped area • A lot of excavation in a sensitive area • well above floodplain • Ground water 11 feet+ • Any testing done when house first built? Structure built AFTER the initial Conservanct Bylaw but NO Special Permit or Variance in construction of the home • 1995-96 decks reconstructed/NO permits • Thought that house was built BEFORE Hooksen soil added to Bylaw Open to Public Input N4 ONE SPOKE to this issue MOTION by Brian Harrison to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0 Further Discussion • NO issues • Consistent to handle • Building designed with soil conditions there originally • Septic test boxes - below excavation • Conservation took an extensive look MOTION by Brian Harrison to APPROVE the Special Permit request as presented for 15-21 Kerlin Crocker Lane Realty Trust,William Kerlin Jr..'217 Crocker Lane, Map 69 Lot'to alter a pre-existing non-conforming structure within the Wetlands Conservancy District. Second by John Nixon. Vote; 4-1-0 (Mr. Stewart/against) Request by Mr. O'Reilly to WITHDRAW the request for a Variance ZBA Meeting Minutes Page 2 of 4 09-08-15 10/14/2015 9:03 AM MOTION by John Nixon to WITHDRAW w/o prejudice the requested Variance. Second by Paul Kearney.VOTE: 5-0-0 15-22 Albert A. + Marjorie W. Dey, 3811 Main Street, Map 126 Lot 19 (previously M 29 L 1) in the RM zoning district. The applicant seeks a Variance under MGL 40 A and Brewster Bylaw 179-52 to rebuild a home that was destroyed by fire. Members hearing this application; Brian Harrison, John Nixon, Paul Kearney, Sarah Kemp and Patricia Eggers. Mr. Dey, his daughter and son-in-law were in attendance They presented a brief overview; • owned this property since 2000 • Fire was in the Spring of 2015 • Complete loss of property • pre=existing non-conforming on front left • Will move house back on the hillside making the right rear corner non-conforming • Traditional foundation • Historic District Commission approved the landscaping plan • To be replaced with a 2 story cape home • Fence to the right approved by Conservation and Building Questions from the Board • Square footage of new home vs. old? Original 3000 s,f./new 2349 s.f. . Conservation dealt with the fence/letter of 9-8-15 Open to Public Input NO ONE SPOKE to this issue MOTION by Patricia Eggers to Close to Public Input. Second by Sarah Kemp. VOTE: 5-0-0 Further Discussion • Pretty straight forward • Meets all criteria for Variance • Unusual lot shape ("K shape") • Minimal impact of setback to driveway MOTION by Paul Kearney to GRANT a Variance to Albert A. + Marjorie W. Dey, 3811 Main Street, Map 126 Lot 19 the applicant seeks a Variance to rebuild a home that was destroyed by fire as presented. Second by Patricia Eggers. VOTE: 5-0-0 ZBA Meeting Minutes Page 3 of 4 09-08-15 10/14/2415 9:03 AM RE-ORGANIZATION of Zoiihig Board of APPEALS MOTION by Brian Harrison to keep slate of officers the same as 2015. Chairman/Philip Jackson,Vice- Chair/Arthur Stewart, Second by Patricia Eggers. VOTE: 8-0-0 MOTION by Patricia Eggers to adjourn at 7:40 PM Second by Sarah Kemp VOTE: 8-0-0 Respectfully submitted, Marilyn Mooers/Administrative Assistant ZBA Meeting Minutes Page 4 of 4 09-08-15 10/1412015 9:03 AM