The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2016-02-09 Minutes uE W,- ��,ii�/iii TOWN OF B R EWSTE R �k "s°{Ra`e9 ,p �✓ Zoning Board of Appeals 2198 Main Street `;9 Brewster, Massachusetts 02631-1898 p U (508) 896-3701 x1168 FAX (5081896-8089 ��IJ11111111NIII11114[111111\\\\��`� Date: Approved. 03-08-15 Vote: 5-0-0 TOWN OF BREWSTER ''16 1`1A R 14 9:_+9h--i Zoning Board of Appeals Tuesday, February 9, 2016 at 7:00 PM �a j Brewster Town Office Building i Attending Committee Members; Philip Jackson (Chairman),Arthur Stewart, Bruce MacGregor, ria'if' '-IERK Harrison,John Nixon, Les Erikson, Paul Kearney, Patricia Eggers and Sarah Kemp Guests present: Susan Leven (Town Planner) To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 02-09-16 Minutes MOTION by Les Erikson to accept the Minutes of January 9,2016 as distributed. Second by Sarah Kemp. VOTE 4-5-0 15-31 Tubman Road Community Housing (Habitat for Humanity), Represented by Attorney Warren H. Brodie, 620 Tubman Road, Map 65 Lot 74, in the RM zoning district. The applicant seeks a Comprehensive Permit (40B) under MGL 40B, section 20-23 and 760 CRM 56 to construct 14 affordable (ownership in perpetuity) homes on 13.92 +/- acres of land. All units will be for households earning up to 65% of the area median income, in accordance with applicable state regulation and guidelines. MOTION by Bruce MacGregor to accept the FINAL DECISION as written for Habitat for Humanity/Tubman Road Community Housing, 620 Tubman Road. Second by Brian Harrison. VOTE 5-0-0 16-01 Thomas + Jennifer Halloran, represented by I{aren Kempton, 15 Grandfather's Lane, Map 79 Lot 61 (previously M 6 L 98), in the RM zoning district. The applicant seeks a Special Permit and/or Variance under MGL 40A-9 and Brewster Bylaw 179-51 to add a cupola to a new home that extends 334" above grade. Members hearing this application; Arthur Stewart, Bruce MacGregor, Brian Harrison, John Nixon and Paul Kearney. 1 ' ZBA Minutes 02-09-16 Ms. Karen Kempton (Designer) and Rick Roy (Builder) represented the applicant Ms. Kempton gave an overview of the request; • asking for relief from 30 foot elevation • 10 inches above allowed height • main ridge line is 2'8" below • Home built in 1960 • Keeping original first floor foundation • added elements (cupola) to reduce long length look • Lot area is over 30,000 square feet • coverage is under 20% • 60-70 feet trees in the back • hardship; compromise of design • not detrimental to neighborhood • 13 cubic feet,vent only, not open space QUESTIONS • This detail is not necessary? Yeas, it allows venting to 2nd floor • Lot came with existing foundation-hardship to remove and reconstruct + ZA said to come to zoning board and discuss • Could you compromise the height? Consider smaller? NO, shape would be short and squat • Argument for Variance is weak • Custom built light shaft with windows to vent second floor is not a necessity • Diminimus in nature (13 square feet) • Misses on the Hardship qualification • Would this be considered under any ventilation etc. codes? NO Open to Public Input Susan Leven (Town Planners- Victor's thought was to bring it forward to the ZBA to discuss ALL options MOTION by Brian Harrison to Close to Public Input. Second by John Nixon. VOTE: 5-0-0 Thoughts Nixon- Not in favor, misses requirements Kearney- Misses criteria, size and height issue Stewart- doesn't clear criteria MacGregor- diminimus and helps the look of the house Harrison-diminimus but not necessary MOTION by John Nixon to remove the Special Permit from this application. Second by Paul Kearney. VOTE: 5-0-0 MOTION by John Nixon to DENY the request for a Variance as it does not meet the four (4) criteria. Second by Brian Harrison. VOTE: 4-0-1 Nixon-YES MacGregor- NO Kearney-YES Harrison-YES 2 ZBA Minutes 02-09-16 Stewart-YES 16-02 Christopher Matheson, 10 Sheffield Road, Map 95 Lot 81 (previously M 42 L 30-39), in the RM zoning district. The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-52 to legalize a wood shed structure that is already in place. Members hearing this application; Harrison, MacGregor, Erikson, Eggers and Jackson. Mr, Matheson represented himself and presented an overview; • setback violation spotted by the zoning Agent • Mr. Matheson present several additional letters of support . Home originally had electric heat • Wood stove was added/to be used as primary source of heat • Would like to add natural gas heat but due to the moratorium that is not possible for the next few years • The wood shed makes the wood easier to be brought in in poor weather and is well protected • In violation to Sheffield Road • Holds 5 112 cords of wood BOARD QUESTIONS • When was shed built? ball 2015 • Two (2) feet inside property line • Any ability to move it? 4 x 4 frame/pressure treated wood, very difficult to move. Open to Public Input Shawn Summers- sight lines are good, moratorium on gas line makes quite a hardship for Mathesons. Nice looking structure, keeps woodpile neat. MOTION by Patricia Eggers to Close to Public Input. VOTE: 5-0-0 Further Discussion • Hardship to move structure at this time • alternative is much more unsightly (wood pile covered by a tarp) • meets all criteria MOTION by Patricia Eggers to GRANT a VARIANCE to allow a wood shed/structure to stand as is. To be used to store wood only. Second by Leslie Erikson VOTE: 4-0-1 (Jackson-NO) 16-.03 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 CH/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 zoned portion of a split lot. Members hearing this application; Stewart, MacGregor, Kemp, Harrison and Nixon. Mr. Grant represented himself and presented an overview; ® downsize home 3 ZBA Minutes 02-09-96 i + last lot in the area QUESTIONS from the BOARD • Any communication from abutters? NO • HDC approval • NO conservation issues • All others are used as residential + Split lot- must pick one and lose the other • Attempt to rezone a few years ago- left as is + If another owner wishes to change from Residential must come back to ZBA j • Change of house plans since original November submission Open to Public Input I No one spoke to this application MOTION by Brian Harrison to Close to Public Input. Second by Sarah Kemp. VOTE: 5-0-0 THOUGHTS + Members in favor, if in the future they wish Commercial use J modification will be needed MOTION BY Arthur Stewart to GRANT the Special Permit as requested to build a residence on a split lot with the following restriction; must return to ZBA for modification isf lot is to be used as Commercial. Second by John Nixon. VOTE: 5-0-0 16-04 Candleberry Inn Brewster, LLC.(represented by Attorney Paul Tardiff), 1882 Main Street, Map 57 Lot: 37 (previously M 17 LSO ), in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-11, continue use and change of ownership of a Bed and Breakfast Inn. Members hearing this application; Harrison, Nixon, Kearney, Erikson and Jackson. Attorney Paul Tardiff represented the applicant • request for change of ownership of the Candleberry Inn Bed and Breakfast • Board of Health-twice for change of permits • Selectmen- Common Victulars license • Continuation of same Special Permit of existing lodging house • 1.5 acres of land • 9 rooms • Breakfast for guests only • owners will live on site • New owners; Marco DiDomizio and Angelo Ferraro Open to Public Input No one spoke to this application MOTION by Brian Harrison to Close to Public Input. Second by Paul Kearney VOTE: 5-0-0 4 ZBA Minutes 02-09-16 I I FINAL THOUGHTS • All in favor of transfer of most recent permit MOTION by Paul Kearney to GRANT a Special Permit to the applicant for the transfer of ownership to Brewster Candleberry Inn LLC/same as previous permit. Second by John Nixon, VOTE: 5-0-0 16-05 Woodfield LLC/Sweetwater Inc. (represented by Bryan Rylander), 676 Harwich Road, Map 53 Lot 31 (previously M35 L 81) in the RM zoning district. The applicant seeks a Special permit under MGL 40A-9 and Brewster Bylaw 179-25-B to raze, replace and extend a preexisting non conforming manufactured home. Members hearing this application; Stewart, MacGregor, Harrison, Eggers and Kemp. Mr. Brian Rylander presented this application and gave an overview; • Replace an older mobile home with a newer • 50 acre parcel of property • manufactured home • Mr.James Rylander was present BOARD QUESTIONS • Another home was removed in 2009 • 1963 - Mobile homes Zoning Bylaw changed • Plug into existing septic system • same use; family use of structure • seasonal residents only in Sweetwater except owners and family Open to Public Input No one spoke to this application MOTION by Brian Harrison to Close to Public Input, Second by Patricia Eggers VOTE: 5-0-0 MOTION by Sarah Kemp to GRANT a Special Permit to the applicant fo LLC Second by John Nixon. VOTE: 5-0-0 16-06 Michael Singleton, 1573 Main Street, Map 48 Lot 79 (M 24 L8) in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-28 A, change of use to add an aesthetician(personnel service) to a preexisting business. Members nearing this application; Harrison, MacGregor, Nixon, Kearney and Erikson Dr. Michael Singleton and Ms.Ashley Walther presented this application, • Commercial building in a residential zone • Increase size of treatment rooms • Add skincare • vision is to work with organics • compliments the chiropractic practice 5 ZBA Minutes 02-09-16 i • low impact • in existing space and reconfigure inside spaces • no changes on the outside • personnel service • site plan waiver from Planning Board • aesthetician has own license and shop license • expansion of a pre-existing non-conforming use Open to Public Input No one spoke to this application MOTION by Brian Harrison to Close to Public Input. Second by Leslie Erikson VOTE. 5-0-0 MOTION by John Nixon to Grant a Special Permit to applicant to change non-conforming pre-existing use. Second by Paul Kearney. VOTE: 5-0-0 16-07 Michael + Deidre Peterson (represented by Attorney Andrew Singer), 242 Seaway Road, Map 79 Lot 1.10 (previously M 6 L 24) in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25 B to alter and extend a pre-existing nonconforming slate patio to remain as constructed Members hearing this application; Stewart, Harrison, Kearney, Erikson and Eggers. Attorney Andrew Singer represented Mr. Peterson. Mr. Peterson was present. • Re constructed the house • pre-existing non-conforming coverage • changed a small deck to a larger patio • Raised 5" above grade-now a structure • November 5th letter from Victor • Looks almost grade but a slight step up • 179-25B to alter as Building Permit is still open • Patio ONLY not the house • No change of us • screened with vegetation • low patio not a visual disruption • backyard is now a backyard not a driveway • 3 letters of support BOARD QUESTIONS • What was reason for raising patio? separated from home with landscaping Open to Public Input No one spoke to this application MOTION by Patricia Eggers to Close to Public Input. Second by Brian Harrison 6 ZBA Minutes 02-09-16 VOTE: 5-0-0 MOTION by Patricia Eggers to Grant a Special Permit to applicant to allow for the patio to remain as constructed, Second by Paul Kearney. VOTE: 5-0-0 MOTION by Brian Harrison to adjourn at 9.00 Second by Patricia Eggers VOTE: 8-0-0 Respectfully submitted, Marilyn Wooers/ dministrative Assistant 7 ZBA Minutes 02-09-16