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Home My Public Portal AboutZoning Board of Appeals -- 2016-10-11 Minutes E rrls �/i�i� TOWN OF B REWSTER `a fo' Zoning Board of Appeals Q 2198 Main Street Brewster, Massachusetts 02631-1898 U9r p �' = (508) 896-3701 x1168 FAX (508) 896-8089 Date: Approved: November 15, 2016 Vote: 6-0-6 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, October 11, 2016 at 7:00 PM Brewster Town Office Building Attending Committee Members: Brian Harrison (Chairman),Arthur Stewart (Vice- Chair),Bruce MacGregor, John Nixon, Patricia Eggers and Leslie Erikson. Members absent: Paul Kearney Guests present: Ryan Bennett (Town Planner) To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ ZBA 10-11-16 777777 Minutes of August 8, 2016 for approval MOTION by Arthur Stewart to accept the Minutes of August 8, 2016 as distributed and presented. Second by Patricia Eggers. VOTE: 6-0-0 Margaret Rice Mxoir, 121 Whffletree Avenue, Map 5 1624 Lot 45 (previously M 21 � , Lot 51 2), in the RM,ZonYng District. The applicant`seeks a Special Permit to create an Affordable°Accessory Dwe`11ngUnit``in space over the existing garage. Members hearing this application; Bruce MacGregor, Brian Harrison, Arthur Stewart, John Nixon and Patricia Eggers Mrs. Moir requested to be moved to first application on the agenda. Board was OK with this request • This application had been CONTINUED from 08-8-16 due to lack of clarity of the request. 1 ZBA Minutes 11-11-16 • Mrs. Moir refreshed the Boards memory as to the request •AADU requested for a caregiver due to her husband's illness •AADU Use Restriction form to be completed. It is the applicants responsibility to return this form AFTER the decision is has been issued • This unit must be income eligible • Family member or caregiver QUESTIONS from the Board • B. MacGregor asked if an AADU is a restriction forever/ for the life of the property. Can it be amended? YES the property owner may rescind • Ryan Bennett- AADU is recorded with the Registry of Deeds against the property. •A. Stewart asked about a second egress and the need for a better plan with exterior size dimensions ( not more than 900 square feet) as well as designation of ONE parking space for the AADU unit • Open to Public Input • No one spoke to this application • MOTION by Brian Harrison to Close to Public Input. Second by Patricia Eggers VOTE: 6-0-0 MOT1ON by Brian Harrison to GRANT'a Special Permit for an Affordable Accessary Dwelling Unith space t�uez`theexistmg'garage subject to the conitlons stated (plan to be returned to tie ZBA witlim a week of filing with Registr of Deeds Second b PatricYa Eggers# VDTE 0` 0 Yy Y a 1`6 Q9 Clarence r. Si� �a,r1,lHowes'Street,M777-7 a 74.Lot°32 revio'usl M 34 L:14U in' he RM zoiin DistrcThe,as' licant seeks=a' Variance under MGI; 40E1 aiid:Brewste Blaw 179=5,2 to ' am relief from' ro er line set backs;for a current she Members hearing this application; Bruce MacGregor, Brian Harrison, Arthur Stewart, John Nixon and Patricia Eggers Attorney Robert C. Lawless was present to represent Mt. Silvia and gave a brief overview • a pie shaped piece of property is in dispute. • Court action filed in January re: adverse possession • injunction issued • "tracking order" dismissal issued for January 2018 and pre-trial conference for May 2017 • Counsel will try to resolve 2 ZBA Minutes 11-11-16 Board questions • Can applicant be asked to withdraw? •withdrawal request will trigger enforcement Request by applicant to CONTINUE to December 13 meeting MOTION by Arthur Stewart to CONTINUE application 16-09 to Tuesday, December 13, 2016. Second by Brian Harrison. VOTE: 6-0-0 r ,, s g, rated{ �y Thomas x A. Mloore[Thomas�AMoore Design 1fi 23 Dou and 'Dale�Eauser �represe Company), 58Arnold's Ca�iway� Map 38 Lint 68 tprev�ouSly M 2 L7' 7) �n the RM Zornng Dis#r�ct: The appl►cant seeksa' pecialermitorn tf�eIt� nat�ue a Uarance orcin the alternat�ue to ouer�ur or amend the decision oithe Building Commissioner to raze and build a dew Singles Fanra�ayfDwellmg REQiIEST by Attorneji Andrew Singer' o,CONTINUE,until November,l5,,2016.. ;a ,, � � � �� Carson/Gould, 53 Daisy Lane, Map 55Lot 38 (preu�ously M24, L62), 'representedby° Benjamrn�ZehnderThe applicant peeks a xVanance under MGL40q anal BrewsterBylaw 179-52 to;gain relief from property �setbadc� fora current shed REQUEST by Attorney Ben�amm Zehnder to CONTINUE until,Novemi er 15' 2Q fi s ,16 26,Brewster, By The�Sea, Inc.,�716 Main Street; Map 26,��ot 59 (pre�b�ously M22, L�1), represented. by�Paui R. Tard�f Esq. Applicantaseeks°a Special Permit for the continued operation - and use of the°bed &rbreakfast under';a change�i�n, ownershi ; v r " • Carol Edmondson ( Cape Cod Village Reality) represented the new owned •Amy Chestnut was present as the new owner Members hearing this application; Bruce MacGregor, Brian Harrison, Arthur Stewart, John Nixon and Patricia Eggers • Ms. Edmondson gave a brief overview • Special Permit requested to continue operation as in the past. Board of Health as approved.All Building Department inspections have been completed. 9 bedrooms with owners quarters. • 1998 was the original approval •AADU permit issued in 2013 and rescinded in 2015 • Plan to continue as it has been operated Questions from the Board • Many previous conditions from other permits • All prior conditions should be listed and brought forward • Does the owner intend to live on the premise? YES 3 ZBA Minutes 11-11-16 • Does the new owner have past experience? YES, as a business owner but Carol Edmondson will be a mentor Further Discussion • suggested wording "A" prior conditions be included" for approval •When is non-conforming use allowed? Special Permit/Section 9 MOTION by Arthur Stewart to approve Special:Permit 16-26 contingent upon;the list of. previo�i /posapp�ic'able conditions from X003 Second by Patr�cla Eggers MOTE 6"-0 No testimony has been heard for this application MOTION by Brian Harrison to adjourn at 9:00 Second by VOTE: 7-0-0 Respe tfully submitted, v Marilyn Mooers/Administrative Assistant 4 ZBA Minutes 11-11-16