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Home My Public Portal AboutZoning Board of Appeals -- 2016-05-10 Minutes TOWN OF BREWSTER Zoning Board of Appeals D E F? 0 4* 2198 Main Street Brewster, Massachusetts 02631-1898 i� 0 (508) 896-3701 x1 168 CO FAX (508) 896-8089 Date: Approved: May 10, 2016 Vote: 9-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday,April 12, 2 016 at 7:00 PM Brewster Town Office Building Attending Committee Members: Philip Jackson (Chairman),Arthur Stewart, Bruce MacGregor,Brian Harrison, John Nixon, Paul Kearney, Patricia Eggers and Sarah Kemp Member missing: Les Erikson To review past/present hearing:www.brewster-ma.go /documents and archives/Ch 18 video archives/recent videos/ZBA 04-12-16 Minutes MOTION by Paul Kearney to accept the Minutes of March 8,2016 as distributed. Second by Brian Harrison. VOTE 8-0-0 16-09 Clarence J.Silvia, 11 Howes Street, Map 74 Lot 32 (previously M 34 L 140) in the RM zoning District. The applicant seeks a Variance under MGL 40A and Brewster Bylaw 179-52 to gain relief from property line setbacks for a current shed. REQUESTING A CONTINUANCE to May 10,2016. MOTION by Arthur Stewart to accept request to CONTINUE 16-09 to May 10, 2016. Second by Bruce MacGregor. VOTE :8-0-0 16-08 Paul M.Snyder, 28 Breezy Meadow Lane,Map 49 Lot 56 (previously M 3 L 147),in the RM 16zoning district. The applicant seeks a Variance under MGL 40A-9 and Brewster Bylaw 179-52 to build/extend a front entrance stoop/step and roof overhang within the front setback. Request for WITHDRAWAL MOTION by Arthur Stewart to WITHDRAW w/o prejudice 16-08. Second by Bruce MacGregor.VOTE: 8-0-0 16-12 Robert and Patricia Hite,215 Canoe Pond Drive,Map 23 Lot 40 (previously M L ),in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179- to transfer a previously issued in-law apartment to a new owner under the same conditions as noted in permits 04-16 and 06-14. Members hearing this application;Arthur Stewart, Bruce MacGregor, Brian Harrison,John Nixon and Paul Kearney. ZBA Minutes 04-12-16 Mr. Hite gave brief overview of his request; • Purchased the property March, 2015 • Would like to continue the use of in-law apartment in the basement as previously permitted • For family use BOARD QUESTIONS • Anyone living in this unit full time? Not at the present • Son may be moving back home in the near future Open to Public Input NO ONE spoke to this application MOTION by Brian Harrison to Close to Public Input. Second by John Nixon VOTE: 5-0-0 FINAL THOUGHTS • Majority of the Board had no issues with this transference • Question as to family member and/or caregiver living in unit.....previous Bylaw • To be written with wording as 06-14 MOTION by Brian Harrison to GRANT a transfer of previous Special Permit 06-14 to 16-12 to allow use of in- law apartment. Second by John Nixon. VOTE: 5-0-0 16-13 J.Francis and Michelle A. Lavelle(represented by Attorney Roger O'Day),336 Lower Road,Map 49 Lot 1 (previously M 19 L 27) in the RM zoning district.The applicant seeks a Special Permit under MGL 40A and Brewster Bylaws 179-6,Table 2,Note 5 and Section 25-B to alter/extend (raze and replace)a pre- existing,non-conforming house within the Wetlands Conservancy District and within 50 foot Conservation buffer zone. Members hearing this application; Philip Jackson, Bruce MacGregor, Brian Harrison,John Nixon and Patricia Eggers. Attorney Roger O'Day represented the Lavelle's. Michelle Lavelle was present. Mr. O'Day gave a brief overview; • Property located at 336 Lower Road • In 2013 they had sought and received a side structure/pool • An addition had been added to the back of the house previously • Approved by HDC on October 5. 2015 • Conservation Commission approved/order of Conditions provided in packet on March 22, 2016 • Seeking a Special Permit for 2 things; 1) house in the Wetlands Conservancy District and 2) proximity to the wetlands • Lot and house predate zoning • pre-existing non-conforming use • subdivision plan dated 1953/house in 1958 and 1960 • not substantially more detrimental to the neighborhood • proposed great room, addition to dining room and entry area • Complies with all setbacks,site coverage and building coverage • addition is to the rear • no foundation/only pilings BOARD QUESTIONS • well informed approach 2 ZBA Minutes 04-12-16 • What is the peak height? under 30 foot limit • All members in agreement Open to Public Input • No one spoke to this issue MOTION by Patricia Eggers to Close to Public Input.Second by Bruce MacGregor. VOTE: 5-0-0 FURTHER DISCUSSION • Looks fine • Conservation approval is a good step • Improves the shape of the house • Looks appropriate;big house,big lot MOTION by John Nixon to APPROVE the Special Permit (16-13)to alter/extend (raze and replace) a pre- existing,non-conforming house within the Wetlands Conservancy District and within 50 foot Conservation buffer zone as presented.Second by Patricia Eggers. VOTE: 5-0-0 16-14 Vincent and Victoria Bain(represented by Thomas Moore Design),33 Church Street,Map 78 Lot 68(previously M 15 L 93';) in the RM zoning district.The applicant seeks a Special Permit under MGL 40A and Brewster Bylaw 179-25 B to alter,/extend a pre-existing,non-conforming dwelling. Members hearing this application; Bruce MacGregor, Brian Harrison,Sarah Kemp, Philip Jackson and Paul Kearney. Thomas Moore (designer) represented the applicant,he gave a brief overview; • Original lot/home established and built in 1942 • subdivision mapped in 1948 • In 1961 there was a transfer of a portion of the land • At that time setbacks became 30' frontage and 20'rear and side setbacks • Addition is not any closer to Church Street • expanding family • owned the property since 1985 BOARD QUESTIONS • What is the lot coverage?less than 15% • Septic system? Adding new system for 2 additional bedrooms • Garage meets setbacks • Shed indicated is old • Intensifying the non-conformity NOT increasing 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 THOUGHTS • All members in favor of this application MOTION by Brian Harrison to GRANT a Special Permit(16-14) for proposed addition as presented. Second by Paul Kearney. VOTE: 5-0-0 3 ZBA Minutes 04-12-16 16-15 Anthony+Martine Amundson(represented by Attorney Benjamin Zehnder), 153 Morning Star Cartway,Map 82 Lot 32 (previously M 47 L 2)in the RR zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25(B)to 1) demolish and reconstruct a pre-existing non- conforming residential dwelling and 2) relocate and reconstruct a pre-existing non-conforming cottage structure. Members hearing this application; Bruce MacGregor, Brian Harrison,Arthur Stewart, Sarah Kemp and John Nixon. Attorney Benjamin Zehnder represented the applicant. Mr.Amundson was present at this hearing.A brief overview was given; • This an application alert and extend one dwelling and relocate and reconstruct a cottage • 3.01 acres of property • Both processes require Special Permit • No non conformities • existing cottage will be moved outside the 50'line • septic is outside the wetlands • cottage already has an approved Order of Conditions • house is being heard by Conservation on April 19, 2016 BOARD QUESTIONS • Is the driveway shown on the plan? Is there a driveway to cottage?NO • Do we have a landscaping plan? Presented to Cons Com for final approval/then forward to ZBA • How old is the septic system?Will be new,not constructed yet REQUEST from Attorney Zehnder to CONTINUE to May 10, 2016 for Cons Com approval and Order of Conditions and presentation of Landscape Plan with driveway indication. MOTION by Arthur Stewart to CONTINUE this application to May 10,2016.Second by John Nixon. VOTE: 5- 0-0. MOTION by Brian Harrison to adjourn at 8:00 Second by Patricia Eggers VOTE: 8-0-0 Respectfully submitted, Marilyn Mooers/Administrative Assistant 4 ZBA Minutes 04-12-16