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Home My Public Portal AboutZoning Board of Appeals -- 2016-07-12 Minutes rnk^ TOWN OF BREWSTER Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 p .v o (508) 896-3701 x1168 FAX(508) 896-8089 oo Date: Approved: 08-9-16 Vote: 5-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, July 12, 2016 at 7:00 PM Brewster Town Office Building Attending Committee Members: Brian Harrison (Chairman), Les Erikson, John Nixon, Bruce MacGregor, Patricia Eggers Members missing: Paul Kearney, Arthur Stewart and Sarah Kemp To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ZBA 07-12-16 Minutes of June 14, 2016 MOTION by Bruce MacGregor to accept the Minutes of June 14, 2016 as distributed. Second by Patricia Eggers VOTE 5-0-0 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. MOTION by Bruce MacGregor to Continue hearing until Sept. 13, 2016. Second by Patricia Eggers VOTE: 5-0-0 A brief discussion occurred regarding how long a permit can be continued before the Board finally opens the application. The case is before the court right now and the neighbor is very frustrated that this keeps being continued. AMMEND MOTION by Bruce MacGregor to Continue hearing until August 9, 2016. Second by Patricia Eggers VOTE: 5-0-0 1 ZBA Minutes 07-12-16 16-19 Eric R. Oikkola (represented by Philip Scholomiti/Ryder + Wilcox Inc.), 0 Stony Brook Road, Map 15 + 6 Lot 29 + 26 ( previously M 21 Lot 33-13 +14), in the RM zoning district. The applicant seeks an Appeal of the Zoning Agent decision or in the alternative a Special Permit under MGL 40A and Brewster Bylaw Article VIII, Section 179-27A to divide nonconforming lots (with no structures) without losing exemptions so long as the change does not increase the actual or potential number of building lots. Present for application: Philip Scholomiti and Eric Oikkola Scholomiti: Provided an overview of the application. The applicant would like to add on to his existing house but the addition will not meet the set back requirement. Therefore, the applicant is requesting a modification to the lot lines. No new buildable lots, not detrimental to the existing nonconforming use in the neighborhood. Lots 13 & 14 were created in 1977 and they are asking for a Special Permit. The square footage for the lots is not changing but the lines are and that is why they are before the Board Open to the Board: - Refered to Victor Staley's letter on May 6 stating that the "27A" Special Permit is the appropriate course of action - Reviewed the sizes of the lots and a discussion occurred as to how the new lots are drawn. Applicant Comments: - Maintained the same lot size so that they would be buildable. All the lots are in a trust. Oikkola: reviewed the size of the lots again to make sure everyone was clear. Scholomiti: Lot numbers will remain but lot 36 and 32 will be combined; 34 will be the same; 33 & 35 will be conveyed to the east. Open to the Public: No Comments Motion to close hearing by Eggers; Second by Nixon. VOTE: 5-0-0 MOTION by Patricia Eggers to Grant a Special Permit as advertised to divide nonconforming lots (with no structures) without losing exemptions so long as the change does not increase the actual or potential number of building lots. Second by Bruce MacGregor VOTE: 5-0-0 MOTION to withdraw appeal by Bruce MacGregor to Grant a Special Permit as advertised to divide nonconforming lots (with no structures) without losing exemptions so long as the change does not increase the actual or potential number of building lots. Second by Patricia Eggers VOTE: 5-0-0 16-20 Margit Suess (represented by Attorney Matthew Terry), 8 Tracy Lane, Map 52 Lot 124- 13756 (previously M 40 L 185-2), in the RM zoning district. The applicant seeks and Appeal of the Zoning Agents Decision or in the alternative a Variance under MGL 40A, Section 8, 14 and 15 and Brewster Bylaw 179-52 to approve a pre-existing, non-conforming deck within rear setback. Present for Applicant: Attorney Matt Terry Terry: Provided an overview of the appeal from the Building Inspectors decision and then of the variance requested. He reviewed a plot plan and the area (which is a roof over a deck) that was to 2 ZBA Minutes 07-12-16 be addressed. The house was constructed in 1971 and the deck was there over 30 years ago. The reason the applicant purchased the condo. was to care for their elderly mother. It was necessary for her mother to be able to have an outdoor closed space. The applicant hired a contractor who had said he would take care of all permits. Unfortunately he did not do that. The contractor has noted his negligence and had intended to be there but was not. Abutters have no problem with the deck in question. A variance would be required for the improvement to the deck. - Effected structure is not detrimental — applicant was unaware of the requirement - Hardship — applicant would not be able to care for her mother - Qualitative Hardship —the expense in constructing the roof and legal fees - Public Good —Abutters are in favor and the roof is screened from the neighborhood - Nullify the Bylaw—the encroachment is ok with the abutter and is unseen from the road The new owner/applicant is innocent—the roofing is screened and not detrimental. Opened to Board: - A discussion of the decking occurred. - Reviewed Victors letter and the fact that this is not a Special Permit because there is no backup to confirm that the deck was created over 10 years ago Opened to the Public: - Cotnoir, abutter to the applicant— Has lived in her house for 25 years and that deck has been there — She is very supportive of the applicant and stated that she has only enhanced the neighborhood. 2 Questions before the Board: Variance? Appeal of the Building Inspector's Decision? Victor suggested that the Board could Grant a dimensional variance for the stuff that was done 35 years ago. And then to grant a Special Permit for the improvements. Unique topographical structure — is that soo? Yes If they grant the variance then they need to get a permit to make and improvements Condition the Variance: that no further improvements can be made MOTION by Patricia Eggers To GRANT a dimensional variance to allow the existing structure to stay and conditioned that there be no further improvements beyond maintenance. Second by Bruce MacGregor VOTE: 5-0-0 MOTION by Bruce MacGregor to withdraw the Appeal of the Zoning Agents Decision or in the alternative a Variance under MGL 40A, Section 8, 14 and 15 and Brewster Bylaw 179-52 to approve a pre-existing, non-conforming deck within rear setback. Second by Patricia Eggers VOTE: 5-0-0 16-21 Judith A. Milne (represented by Attorney Benjamin Zehnder), 280 Olde Owl Pond Road, Map 137 Lot 59 (,previously M 31 L 30-2), in the RR zoning district. The applicant seeks a Special Permit under MGL 40A , section 6 and Brewster Bylaw 179-25 to replace a pre- existing non-conforming dwelling with a new dwelling. 3 ZBA Minutes 07-12-16 Present: Benjamin Zehnder Zehnder: Provided an overview of the applicant and noted the revised plans that had been submitted. The reason the structure is being kept is to be outside the 50 foot wetlands and is going from a 1 floor to a 2 story building. The dwelling is a 2 bedroom structure. Opened to the Board: The applicant has been before the Conservation Commission and received approval. Very straight forward application Access is to the front of the house Opened to Public Comment: No comments MOTION by Eggers to Close to Public Input. Second by Nixon VOTE: 5-0-0 MOTION by John Nixon to Grant a Special Permit as advertised to replace a pre-existing non- conforming dwelling with a new dwelling conditioned on approval from the Board of Health and Conservation. Second Patricia Eggers VOTE: 5-0-0 Topics the Chair did not reasonably anticipate MOTION by John Nixon to adjourn at 8:15 pm Second by Patricia Eggers VOTE: 5-0-0 Respectfully submitted, '�n J(WP J ann . Sci, Clerk 4 ZBA Minutes 07-12-16