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Home My Public Portal AboutZoning Board of Appeals -- 2016-08-09 Minutes \\`��uit ►rrtsri�iiiiiof� TOWN OF BREWSTER Zoning Board of Appeals z 5; 2198 Main Street Brewster, Massachusetts 02631-1898 p U _ to (508) 896-3701 x1168 l = FAX(508) 896-8089 Y F RPORP Date Approved: October 11, 2016 Vote: 6-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday,August 9,2016 at 7:00 PM Brewster Town Office Building Attending Committee Members: Brian Harrison(Chairman),Arthur Stewart, Bruce MacGregor, Paul Kearney, John Nixon and Patricia Eggers. To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ZBA Minutes of July 12 2016 MOTION by: Mr. Kearney to accept the Minutes of July 12,2016 as distributed. Second by Mr. Nixon VOTE 5-0-0 Review of Proposed Administrative changes: Mr. Harrison presented the following administrative changes to the Board; • Updating the ZBA application to distinguish between Special Permits for structures and uses allowed under section 9 of the Brewster zoning Bylaw, and Special Permits for nonconforming structures and uses reviewed under Section 6 of the zoning bylaw. • Inclusion of a data sheet in Special Permit applications under Section 6 that identifies all dimensional criteria,including all nonconformities associated with the project. • Amend waiver/continuance application request form to include a reason for the request. • Elimination of broad,boilerplate permit language; suggest specific condition authorizing ZBA to re-open a permit on a case-by-case basis, if needed. • Adding a signature line to all permits for Building Commissioner to sign. The Board agreed to move forward with suggested changes, as presented. Continued Hearing: 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. The Chair, addressed the repeated continue requests for this application. Mr. Silvia addressed the Board explaining the reason for the continuance. 1 ZBA Minutes 08-09-16 The Chair asked whether the applicant would be amenable to requesting a withdrawal without prejudice until the land dispute is resolved. Mr. Silvia asked what impact a request to withdraw without prejudice would have on the Building department enforcement notices to relocate the shed. Mr. Stewart noted that it doesn't make sense for the Board to review the case while there is a preliminary injunction. Once the dispute is settled,then the Board can take reasonable action. Mr. Harrison suggested the Board consider the continuance request to October 11, 2016 and advised Mr. Silvia to consult with the Building Commissioner regarding a withdrawal without prejudice vs. requesting further continuances with respect to his zoning enforcement. Mr. Stickle (abutter) read a statement into the record regarding the land in dispute and the location of the shed on said land. Mr. Stickle's concern is the land dispute could take 2-years to resolve and the shed would remain illegally placed. Mr. Stickle would like the ZBA to make a decision about the shed supporting the Building Commissioners enforcement of the shed relocation. Mr. Stewart noted that the board's hands are tied until the court makes its decision. MOTION by: Mr. Stewart to continue the hearing until October 11,2016. Second by: Mr. Nixon. VOTE: 5-0-0 New Applications: 16-23 Doug and Dale Fauser(represented by Thomas A. Moore/Thomas A. Moore Design Company), 58 Arnold's Cartway,Map 38 Lot 68 (previously M 2 L 77) in the RM Zoning District. The applicant seeks a Special Permit or in the alternative a Variance or in the alternative to overturn or amend the decision of the Building Commissioner to raze and build a new Single Family Dwelling. Mr. Moore made a statement representing the Applicant's request for a Special Permit and/or Variance. In consultation with the Building Commissioner, Mr. Moore became aware that there was not a legal building permit issued for this property in 1972. The lot has deficient frontage in the amount of 25 feet, where 40 feet is required, and is therefore non-compliant under the zoning bylaw. Because the nonconformity was created through an administrative error, and not as a result of a zoning change,the property is not entitled to pre- existing, non-conforming protections under Section VIII of the Brewster zoning bylaw. Mr. Moore asked the Board whether the Special permit or Variance should be considered at this time. A poll of the Board suggested the applicant does not presently meet the criteria for a Special Permit. Mr. Macgregor suggested the applicant may want to seek legal counsel before moving forward. Mr. Moore asked whether the board would consider a continuance request in order to pursue legal counsel on the question of the variance. Mr. Stewart asked whether current setbacks would apply to a non-compliant lot? Mr. Harrison noted that the only nonconformity presently for this property is the frontage. Mr. Moore concurred that the property complies with all other setbacks. MOTION by: Mr.Stewart to continue the hearing until October 11,2016. Second Mr. Kearny. VOTE: 5- 0-0 Ms. Eggers arrived to the meeting. 16-24 Margaret Rice Moir, 121 Whiffletree Avenue,Map 5 Lot 45(previously M 21 Lot 51-2),in the RM Zoning District. The applicant seeks a Special Permit to create an Affordable Accessory Dwelling Unit(AADU) in space over the existing garage. 2 ZBA Minutes 08-09-16 Ms. Moir presented her Special Permit request for an AADU for the purpose of constructing a caregiver's apartment above the existing garage, as allowed by Section 179-42.1 of the Brewster zoning bylaw. The Chair noted that AADU's must meet certain income restrictions to meet the affordability requirements. Mr. Stewart noted a series of forms necessary prior to Board approval. Ms. Moir was not aware of the referenced forms. The Board discussed recent bylaw amendments specific to care-givers. The Chair noted the Applicant's request for a variance may be in error, and that a Special Permit is all that is needed to receive approval for the request. Ms. Eggers noted the income restriction is a requirement for approval of an AADU. Ms. Bennett noted that the affordable use restriction requirement under the Special Permit criteria for an AADU may be granted by the Board as a condition of Special Permit approval. Ms. Eggers clarified that Special Permit approval would specify the maximum allowed rents, rather than approve qualified individuals based on income. Ms. Moir noted that was her understanding. Mr. Macgregor asked whether the Board was approving a unit that the Town or the Applicant chooses? Ms. Eggers noted the Special Permit could be issued with a condition that the unit shall be consistent with the criteria of an AADU. Mr.Nixon noted this application may need further information, given recent bylaw changes. Mr. Stewart noted that Barnstable County elder care programs match patients and clients. Ms. Bennett spoke of the need for a use restriction and suggested the application may be incomplete at this stage. At the Chair's suggestion, Ms. Bennett agreed to further discuss application requirements with the applicant and Jillian Douglass, Assistant Town Administrator. MOTION by: Mr. Stewart to continue the hearing until October 11,2016. Second by Mr.Nixon. VOTE: 6-0-0 Topics the Chair did not reasonably anticipate MOTION by: Mr. Macgregor to adjourn at 8:05 pm Second by: Ms. Eggers VOTE: 6-0-0 Respectfully submitted, Rya ennett,Town Planner 3 ZBA Minutes 08-09-16