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Home My Public Portal AboutZoning Board of Appeals -- 2016-05-10 Minutes (2) \\\�.o\��\\\�1 k E llWrrs,i�,,,��o�� r LTOWN OF BREWSTER 1 ` DER Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 to (508) 896-3701 x1168 FAX (508) 896-8089 R' ilIIIIi1111111\\\\\��\ Date: Approved: June 14, 2016 Vote: 6-0-0 P n TOWN OF BREWSTER Zoning Board of Appeals Tuesday, May 10 2016 at 7:00 PM - - - - - Brewster Town Office Building Attending Committee Members: Philip Jackson (Chairman), Arthur Stewart, Les Erikson, Bruce MacGregor, Brian Harrison, John Nixon, Paul Kearney, Patricia Eggers and Sarah Kemp To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ZBA 05-10-16 Minutes MOTION by Paul Kearney to accept the Minutes of April 12, 2016 as distributed. Second by Patricia Eggers. VOTE 9-0-0 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 July 12, 2016. MOTION by Arthur Stewart to accept request to CONTINUE 16-09 to July 12, 2016. Second by John Nixon. VOTE : 9-0-0 Chairman Philip Jackson read letter dated April 25, 2016 from Housing Assistance Corporation of Cape Cod regarding new assignment of"monitoring agent for Yankee Village". (letter has been placed in Yankee Village overflow file Map 26 Lot 1) CONTINUED APPLICATION 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 were Arthur Stewart, Bruce MacGregor, Brian Harrison, John Nixon and Sarah Kemp. 1 ZBA Minutes 05-19-16 Attorney Ben Zehnder and Tony Amundson attended the hearing. They submitted plans as previously requested. Conservation had requested a change of plants. Board Questions • MLC plan revised • 2700 square feet of mitigated area • Driveway to the house is on the plan • No cottage driveway/park at the house and walk over • Driveway is within the work area Open to Public Input • Greg DeLorey(abutter)- spoke in favor of this project MOTION by Brian Harrison to Close to Public Input. Second by John Nixon VOTE: 5-0-0 Final Discussion • well thought out • septic system off to the side • with stipulation of Conservation approval MOTION by Arthur Stewart to Grant a Special Permit to 1) demolish and reconstruct a pre-existing non-conforming residential dwelling and 2) relocate and reconstruct a pre-existing non-conforming cottage structure with the following condition; Approval of revised Order of Conditions from Conservation Commission Second by Brian Harrison. VOTE: 5-0-0 16-16 William Hanney, Trustee, Sand Dune Realty Trust (represented by Attorney Andrew L. Singer), 10 Nancy May Path, Map 91 Lot 14=798 (previously M 7 L 11-1), in the RM zoning district. The applicant seeks a RENEWAL of Special Permit 05-38 or in the alternative, a NEW Special Permit under MGL 40 A section 6 and Brewster Bylaw Article 11, Section 179-6; Article VIII, Section 179-25, A`and B and Article X, Section 179-51 to alter, extend and change a pre-existing, non-conforming single family dwelling with a two-story dwelling. Members hearing this application were Bruce MacGregor, Brian Harrison, John Nixon, Paul Kearney and Philip Jackson Attorney Andrew Singer represented the applicant. Mr. Robert Perry was present for any questions. Attorney Singer gave an overview; • Unit 1 at Ellis Landing Condominium • 10 single family dwellings • Originally approved in 2006 • Previously heard with a court appeal • Unit foreclosed upon due to economy/current owner had nothing to do with litigation • Discussion of renewal of previous permit or a new Special Permit 2 ZBA Minutes 05 -19-16 • footprint is the same • flipped the layout from original design • no change in use • no change in number of bedrooms • conforming height • lot coverage 17% • 5 foot move landward from coastal area • shift 1 foot to east from west dune • no impact on groundwater or roof run-off • vegetative and landscaping plan has an Order of Condition in effect • off street parking is adequate Board Questions • same project/different time • Attorney Singer requesting NEW Permit • Conservation approval extended to 2019 • Plan of record; architectural 2011 + 2012, Site plan 5-10-16 • one (1) abutter letter requested same footprint but Conservation required minor shift 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 Thoughts • No concerns • Conservation request a foundation shift MOTION by John Nixon to Grant anew Special Permit fo 10 Nancy May Path to alter, extend and change a pre-existing, non-conforming single family dwelling with a two-story dwelling in accordance with the plans submitted. Second by Paul Kearney. VOTE: 5-0-0 16-17 Ocean Edge Resort Limited Partnership (represented by Attorney Michael D. Ford), 2907 Main Street, Map 90 Lot 160 (PREVIOUSLY M 14 L 1-1), in the RM zoning district. The applicant seeks a Special Permit under MGL 40A-9 and Brewster Bylaw 179-25 B to change, extend and alter pre-existing non-conforming use and buildings for the purpose of constructing a new building. Attorney Michael Ford, Attorney John Mosten and Engineer John O'Reilly were present for this applicant. • Attorney Ford asked for 15 minutes recess to complete Conservation Department hearing because of meeting date changes due to Town Elections • Recess GRANTED 3 ZBA Minutes 05 -19-16 Hearing resumed at 8:00 PM Members hearing this application were Bruce MacGregor, Brian Harrison, John Nixon, Arthur Stewart and Leslie Erikson. Mr. Ford gave an introduction/overview of this application; • Request Special Permit to change, alter or extend building and platform, landing and walkway. • John O'Reilly will present all details; plans of existing conditions presented; Bay Path to the west, Nickerson Lane to left. 2 sheds, small canopy, storage and shower area. Walkway on the ground into dune area GOAL- to formalize use, provide bathroom for guests, and making handicapped accessibility CONSERVATION details; • bathrooms • elevate structure • eliminate painted fence • handicapped accessibility to the beach • utility upgrades • reduced from original by 25% • pulled back from the dunes • protect the environment • restoration of vegetated wetlands to west of the ramp • kitchen building stayed the same • posts and pilings help with dune mitigation Board Questions • will the walkway be removed off season? NO, used year round • Any study done as to how long this will last? NO analysis done • Providing beach nourishment? ANNUALLY • Notes from Mr. Ford; Guests and members only (not open to the public) No increased impact Verify access protocol Health and sanitary improvement Beach Bar plan presented in Conservation Order of Conditions Operation Plan is key-included in Conservation Order of Conditions • Enhanced ADA requirements • A lot of benefits • New Conditions; 1) beach access identified, 2) all septic pumped up to treatment center, 3) Lighting on pathway, bar downcast lighting • Sound- under existing permit; no amplification, nor close after 10 pm Open to Public Input • Jan Moore (abutted discussed Coastal Management database? Thisarea hi+ mnro than any other area I IIIJ G,e I/IL III.1e LIIG11 Q11 VLIICI GICG 4 ZBA Minutes 05-19-16 If the stairs are lost, should they be removed? Are the pilings substantial enough? • John O'Reilly response Pilings on the beach are 8" diameter/marine grade substantial structure Beach nourishment in the Fall MOTION by John Nixon to Close to Public Input. Second by Brian Harrison VOTE: 5-0-0 Thoughts • Good presentation • APPROVED by Conservation/we will receive Final Order of Conditions MOTION by Brian Harrison to APPROVE the Special Permit as presented and shown on Operational Plan and Engineered Plans dated 4-11-16. Second by Arthur Stewart. VOTE 5-0-0 MOTION by Brian Harrison to adjourn at 9:00 Second by Patricia Eggers VOTE: 9-0-0 Respectfully submitted, ///-- /A/t/ UV/ Marilyn ooers/A mi istrative Assistant 5 ZBA Minutes 05 -19-16