The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2015-11-10 Minutes \\\zuui41fifwul1 TOWN OF BREWSTER o�\ .p Zoning Board of Appeals Ora 9FR �^ 2198 Main Street �x � y Brewster, Massachusetts 02631-1898 U a .,� cn� (508) 896-37'0 x1168 O FAX (508) 896-8089 ////////llllflllllllllll114i111111\\\\\\��\\~ Date: Approved: 12-08-15 Vote: 9-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, November 10, 2015 at 7:00 PM Brewster Town Office Building Attending Committee Members:Arthur Stewart (Vice-Chairman), Philip Jackson (Chairman), Patricia Eggers, Brian Harrison, Bruce MacGregor, Paul Kearney, Les Erikson, Sarah Kemp and John Nixon. To review past/present hearing: www.brewster-nra, oM/documents and archives/Ch 18 video archives/recent videos/ZBA 11-10-15 Minutes MOTION by Arthur Stewart to accept the Minutes of October 13,2015 as distributed. Second by John Nixon. VOTE 8-0-0 REQUEST FOR WITHDRAWAL w/o prejudice 15-27 William R and Maureen L. Grant(represented by Attorney George Cavanaugh), 0 Tower Hill Road, Map 66 Lot 117 (previously M 26 L 117-1), in the CM/RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-SE to build a residential dwelling unit in a Commercial district portion of a split lot. MOTION by Arthur Stewart to GRANT a WITHDRAWAL w/o prejudice25-27 as stated above. Second by Brian Harrison. VOTE: 9-0-0 15.28 David Thompson, 56 Henry's Road, Map 101 Lot 98 (previously M 28 L 34), in the RM zoning district. The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-52 to construct an attached garage to a single family dwelling that encroaches on required setbacks. Members hearing this application;Arthur Stewart, Bruce MacGregor, Brian Harrison,John Nixon and Paul Kearney. Mr.Thompson gave a brief overview of his application; • would like to construct a two-car garage • within 11 feet of side property line • rear 2/3 of the lot is a steep rising hill • Septic and Leech fields behind the house • Abutters have been notified • The Thompson's have owned the home for 8 years ZBA Meeting Minutes Page 1 of 3 11-10-15 12/28/2015 10:12 AM Questions from the Board • Have you considered a one car garage rather than 2? Both work • What is the car port in the back? Just a shed area,very tight corner to turn if used for a vehicle • Have you tried running parallel to the house? • No scale on this drawing? Should be professionally surveyed for final design 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. Further questions • Variances are difficult to obtain by design • 1st criteria is the hardest to meet • 2"{t/Substantial Financial Hardship • Some concerns that the slope in the back is NOT peculiar to the district • Need to have an"as built" plan • Like to see a certified,scaled plan and explore going with the house Mr.Thompson requested the Board grant a CONTINUANCE to allow him to have a certified plan (with possible repositioning) completed. He would like to continue to January 12, 2016 meeting due to prior obligation in December. MOTION by Arthur Stewart to CONTNUE case 15-28 to January 12, 2016. Second by Paul Kearney. VOTE: 5-0-0 15-29 Thomas M. Monaghan, 82 Turning Mill Road, Map 33 Lot 29 (previously M 39 L 6-7) in the RR zoning district. The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-52 to extend a deck and construct an attached garage to a single family dwelling that encroaches on required setbacks. Members hearing this application; Bruce MacGregor, Brian Harrison,John Nixon Les Erikson and Patricia Eggers. Mr. Monaghan gave a brief overview of this application; • Owned the home since 2003, originally as a summer home • Retired in 2012 and live here year-round • requesting a single car attached garage • Lot slopes from the street toward the pond • Everything behind the house is within 100' of the pond • Front yard is the septic system • Deck extension request overhangs wetlands- Conservation has approved an Administrative review of this area • this design is the smallest footprint possible Board Questions • Is this different from any other property in the neighborhood? YES,this rolls down others roll up • Could the garage move forward?would present drainage issues • How large is the actual garage? 18 x 23 inside,there is a difference in front and back dimension due to jog in the house • Deck relief not unanimous with the board. Not considered a hardship/more of a luxury ZBA Meeting Minutes Page 2 of 3 11-10-15 12/28/2015 10:12 AM 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. Further Discussion • no issues,meets criteria of Variance • uncomfortable with deck as a hardship • topography is unique • remove the deck from the equation,much more acceptable • Mr. Monaghan requested to REMOVE deck extension from the request MOTION by John Nixon to APPROVE a Variance for the garage only as applied for. Second by Patricia Eggers, VOTE: 4-1-0 -- — --- Nixon YES Erikson YES Eggers NO MacGregor YES Harrison YES 15-31 Habitat for Humanity,Tubman Road Community Housing,Tubman Road,Map 65 Lot 74. I To discuss fixture meeting dates for 40B application • Back and forth as to best day/'Tuesday,Wednesday, Thursdays • First date December 8ti, (regular ZBA meeting) but only one Continuance on the agenda • Discussion as to members availability for the holiday/winter • Board will e-mail Marilyn as to dates they are NOT available December,January, February and Ma►•ch. MOTION by Patricia Eggers to adjourn at 8:10 PM Second by)ohn Nixon VOTE: B-0-0 Respectfully submitted, Marilyn Mooer /Administrative Assistant ZBA Meeting Minutes Page 3 of 3 11-10.15 12/28/2015 10:12 AM