The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2015-10-13 Minutes \\\\\\oo�1��F-W3rus ��ri.��, TOWN OF BREWSTER T Q i oER gF. Zoning Board of Appeals 2198 Main Street J ar p Brewster, Massachusetts 02631-1898 O (508) 896-3701 x1168 Y. — r• FAX(508) 896-8089 ��JJJIIIlIIJllfllllllll1411111�1\\\\�� Date: Approved: November 10, 2015 Vote: 9-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, October 13, 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.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 10-13-15 Minutes MOTION by Brian Harrison to accept the Minutes of September 8, 2015 as distributed. Second by Patricia Eggers VOTE 8-0-0 15-25 Beach Plum Properties II, LLC, (represented by Attorney Brian F Garner), 810 Main Street, Map 20 Lot 19 (previously M26 L 45), in the RM zoning district. The applicant seeks an Appeal of the Zoning Agents decision and/or in the alternative a Special Permit, Appeal of Zoning Agents decision or Variance to change single family ownership structure to a condominium under MGL 40A9-10 and Brewster Bylaw 179,Table 2,Area Regulations, Note 12. REQUEST a WITHDRAWAL w/o prejudice. MOTION by Arthur Stewart for 15-25 (as presented above) WITHDRAW w/o prejudice. Second by Brian Harrison. VOTE: 8-0-0 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 Substitution of Plan of Special Permit 15-20 within Wetlands Conservancy Soils and not impacting previous the decision. Members hearing this application; Brian Harrison, John Nixon, Les Erikson, Paul Kearney and Philip Jackson. ZBA Meeting Minutes Page 1 of 4 10-13-15 111121201512:49 PM Mr. Rollins explained his application; • He was before the ZBA 2 months ago for a Special Permit which was approved as presented. • After further discussion with his wife and builder he requests a substitution of plan, increasing the overall size by 28 +/- square feet (add 12 X 14 vs. original 10 X 14) • No change in setbacks or any other zoning issue. • No change in configuration • The first application has gone through the Appeal period and has been recorded with the Registry of Deeds Open to Public Input NO ONE SPOKE to this issue MOTION by Brian Harrison to Close to Public Input. Second by Paul Kearney. VOTE: 5-0-0. Board asked Mr. Rollins to provide "as built" plans upon construction MOTION by John Nixon to APPROVE Substitution of Plan for 15-20 (now 15-20A) as presented with the following Condition: to provide an "as built" plan. Second by Paul Kearney.VOTE: 5-0-0. , 15-23 Donna and Byron Cain,716 Main Street, Map 26 Lot 59 (previously M 22 L 51),in the RM zoning district. The applicant requests to change the recognition of a previously permitted Affordable Accessory Dwelling Unit(SP#13-12) to either owners quarters and/or guest room in an existing inn under MGL 40A-9 and Brewster Bylaw 179-25-B. , Members hearing this application; Brian Harrison, John Nixon, Arthur Stewart, Patricia Eggers and Sarah Kemp. Donna and Byron Cain gave a brief overview of their application • Owners of Brewster by the Sea • Purchased the B+B 13 years ago • "Orchard House" unit never previously permitted • Cain's permitted it as an AADU a few years ago • They would like to remove AADU status and leave "Orchard House" as it/with kitchen facility • Reset as a guest room or owners quarters QUESTIONS from the BOARD • Concern that it would now be 2 dwellings on ONE property • Does not meet lot size to allow this • Mrs. Cain noted that Old Manse and Sea Meadow both have 2 kitchens. Board felt they came before us for change of ownership. Old Manse is one (1) building/all connected and Sea Meadow has the acreage needed for two (2) dwellings • Best option is to leave as AADU • Option-remove stove then no longer a second dwelling unit Open to Public Input Susan Leven (Town Planner)- get clarification from Victor Staley as to pre-existing condition DID NOT CLOSE TO PUBLIC INPUT at this time ZBA Meeting Minutes Page 2 of 4 10-13-15 11/1212015 1 2:43 PM • Request from Mr. Cain to CONTINUE to December 8, 2015 to request further clarification from the Zoning Agent MOTION by Arthur Stewart to CONTINUE 15-23 until December 8, 2015. Second by Patricia Eggers. VOTE: 5-0-0 15-24 Robert Clark and Donna Lynch, 116 Derby Lane, Map 12 Lot 09 (previously M 37 L 35-2), in the RL zoning district The applicant seeks a Special Permit under MGL 40-A9 and Brewster Bylaw 179- 42.1-c (e) to legalize a previously constructed in-law apartment as an Affordable Accessory Dwelling Unit. Members hearing this application; Brian Harrison, John Nixon, Les Erikson, Paul Kearney and Arthur Stewart. Mr. Clark and Ms, Lynch were present to address their application. Brief overview; • Home built 30 years ago with "in-law"apartment. • Apartment never officially legalized/could not find permit in any records but always in plans • Applicant completed AADU checklist with application • single owner since 1987 • Occupancy permit issued in 1990 Open to Public Input NO ONE SPOKE to this issue MOTION by John Nixon to Close to Public Input. Second by Brian Harrison. VOTE: 5-0-0. FINAL THOUGHTS • Speak to Victor regarding means of egress • To be used as a rental unit; must speak to Jill Douglass regarding income range for affordable housing unit MOTION by Paul Kearney to APPROVE a Special Permit to legalize 15-24 (116 Derby Lane) Affordable Accessory Dwelling Unit.Approval must meet all applicable regulations including the building code. Second by Les Erikson. VOTE: 5-0-0 15-26 Erin Powers, 18 Yankee Drive, Map 66 Lot 88-13363 (previously M 26 L 4401-2),in the CH zoning district. The applicant seeks an Appeal of the Zoning Agents Decision and/or a Special Permit under MGL Chapter 40A, Sections 8+15 to approve a pre-existing laundry room/storage room Members hearing this application; Brian Harrison, Les Erikson, Paul Kearney, Patricia Eggers and Sarah Kemp, Doug Wallace (Ms. Powers's brother-in-law) and Ms. Powers presented their application • Condo was purchased in 2015 • Received a letter from the Building Inspector/Zoning Agent AFTER passing • Previous owner did not live there fulltime • ZA stated 1) this unit must be occupied on a fulltime basis ZBA Meeting Minutes Page 3 of 4 10-13-15 11/12/2015 12:49 PM • 2) and 3) was regarding the finished basement; it is unheated, used for laundry room and storage • No thought of someone living in this space • No egress except stairs to first floor unit • designated partitioned areas • Permit needed for partitions, sheet rock and electrical • FINDING OF FACT; unheated, not living space and nothing in 40B decision or document that owner can NOT have finished space • Approval must meet all applicable regulations including the building code 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. FINAL THOUGHTS • Appeal of the Zoning Agents decision is a STATEMENT OF FACT MOTION by Brian Harrison to send FINDING of FACT thus GRANTING an Appeal of ZA decision (as stated in the decision) to the Zoning Agent. Second by Sarah Kemp. VOTE: 5-0-0 MOTION by Patricia Eggers to adjourn at 8:10 PM Second by John Nixon VOTE: 8-0-0 Respectfully submitted, /Mairi16ynMooer& A inistrative Assistant ZBA Meeting Minutes Page 4 of 4 10-13-15 11/12/2015 12;49 PM