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Home My Public Portal AboutZoning Board of Appeals -- 2016-11-15 Minutes ll I oh1+ 1JJ � ��/�i��i� TOWN OF BREWSTER Zoning Board of Appeals 2198 Main Street i Brewster, Massachusetts 02631-1898 p U ar (508) 896-3701 x1168 ' FAX(508) 896-8089 i RP Date: Approved: Dec. 13, 2016 i Vote: 6-0-0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, November 15, 2016 at 7:00 PM Brewster Town Office Building i Attending Committee Members: Brian Harrison(Chairman), Arthur Stewart, John Nixon, Paul Kearney, Patricia Eggers and Leslie Erikson Guests: Ryan Bennett (Brewster Town Planner) To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video archives/recent videos/ZBA 011-15-16 Minutes MOTION by Arthur Stewart to accept the Minutes of October 11, 2016 as distributed. Second by Patricia Eggers. VOTE 6-0-0 i CONTINUED �� , fi� 2 F' I ern rd T an�1 Lynda ,� a1 a ►vi' o d lUl p�64 dot ( rev' s 34 L. 5-2 d { � p clad i'e. ltandlor llarlrtceuderM�,� }pa � _ terms f, 0.. In �� ebackto£+aIIQw„�.ire.exfstmg si%e�to;remain.:; r[t�t1 the_?etbacks � 1 Members hearing this application are; Bruce MacGregor, Brian Harrison, Arthur Stewart, Paul Kearney, and John Nixon. i s OVERVIEW i Mr. Packer gave the overview; Property was purchased in 2010. An outstanding violation was noted in 2002 regarding the original setback for a pre-existing shed. Setback should be 20' but was set originally at 19 feet 2 inches. The previous owned built an extension 10 X 10 extension to the shed bring the setback closer. • Requesting an OVERTURN of ZA decision based on the "statute of limitations" • No problem from the abutter • cannot be seen from the road : 1 ZBA Minutes 11-15.16 i • previous owner ignored the fact that it was not built to code and in wrong location • Currently too big to move would be costly and a contractor issue E FURTHER BOARD DISCUSSION 1, • It seems to MEET the statute of limitations (over 10 years) • Subject to Town of Brewster enforcement action • To file with the Registry of Deeds • Board can decide based on statute but NOT building code violation i 7:10 PM Patricia Eggers arrived 3 Open to Public Impact No one spoke to this application MOTION by Arthur Stewart to Close to Public Input. Second by Paul Kearney VOTE: 5-0-0 CONTINUED DISCUSSION • Original structure meets statute of Limitations • There are Building Code issues • Diminimus change for 10 inches. • No evidence as to the age of the extension • Recommend REMOVING extension • ZBA cannot speak to Building Code Q fO� I- rnson to QyER� RN iZo s s off, r NOTnullify the Builging.Co E i Members hearing this application are; Paul Kearney, Sarah Kemp, Philip Jackson, Patricia Eggers and John Nixon. F Attorney Roger O'Day represented the applicant and gave an overview of previous Special Permit and new requests • Original Special Permit from ZBA granted in May, 2016, had been approved by HDC and Cons Com • They now wish to DECREASE size of previous approval • change to bulkhead to access half cellar, change front entrance facing lower road and reduce to size Open to Public Impact No one spoke to this application MOTION by Patricia Eggers to Close to Public Input. Second by John Nixon VOTE: 5-0-0 3 ZBA Minutes 11-15-16 Attorney Benjamin Zehnder represented the applicant. Mr. Chris Carson was in attendance Members hearing this application are; Leslie Erikson, Paul Kearney, John Nixon, Arthur Stewart and Bruce MacGregor. Attorney Zehnder gave an overview of this application; • Existing shed was built in 2007 • requesting a Variance to maintain shed in same position • Asking ZBA to grant statute of Limitation (10 years) exemption DISCUSSION • Addressing the Variance issue; land slopes toward School House pond • Hardship to move and find correct positioning • also Concern regarding wetlands delineation • Can the shed be moved to the area in front of the swing set • stone wall indicates the property line • 2 abutter letters (same abutter) dated 9-19 and 11-9 taking issue with lowering the property value I Open to Public Impact No one spoke to this application MOTION by Arthur Stewart to Close to Public Input. Second by Paul Kearney VOTE: 5-0-0 33 1 MOTION by Arthur Stewart to reopen application16-25. Second by John Nixon, VOTE: 5-0-0 FURTHER THOUGHTS i • Just misses the statute of limitations at 9 years and 7 months i • This does NOT seem to meet the first 2 criteria of a Variance • A Variance is a hard line • If vegetation is in place it doesn't seem to impact neighbor { • Applicant could continue but criteria of a Variance will not change • further discussion if the applicant would like to Continue or Withdraw w/o prejudice REQUEST by Attorney Zehnder to WITHDRAW w/o prejudice Jim b, Kearney to accept the regtasst#o IT R of p esu P.i a . c� 9' �W ;N s � endDale l=auser re resented b k Tk�"a INTERIMS,t��. o � esl G ar .a,..0 �,dGarv+ta `M . 38:Lot.68: reulau5i °M 21.7 ln. he_RNc�n�� Qsrcfhea tai to a „e Via, 3 ZBA Minutes 11-15-16 i d Y >... :�7 J .y4 - ,. �T^A1T..c - J a P .r ,rt3 )a the alfer�a#1ve_a Varl; nc..e: r �n th ,altenatl.._ o o � e. c ._ MERU f ng. r Represented by Attorney Andrew Singer and Thomas Moore (Moore Design Company) Attorney Singer gave an overview; I • This application was previously opened on August 9 2016 • The ZBA suggested they seek legal counsel before moving forward • Home has been there 46 years • Could not find the original building permit • the home has 2 frontages • After further research all permits were located k • The home was built legally in 1971 • 40A-7 was amended in August, 2016 thus the Zoning Agent reissued his determination • allowing request from Special Permit • Attorney Singer presented "Summary of Reasoning" BOARD DISCUSSION • Request for WITHDRAWAL of Variance • Compatible to the neighborhood E • well screened • Conservation approved • Replacement septic conforming • NOT sufficient frontage Attorney Singer read into the record a letter from Victor Staley (Zoning Agent) dated July 8, 2016 Open to Public Impact No one spoke to this application MOTION by Arthur Stewart to Close to Public Input. I Second by Paul Kearney VOTE: 5-0-0 llO tN l3rla Harrison to GRAed Itq aso p9a was submitted Second O yr AN ,ur steward to uUiTH.QR,AIAI t�egesfor11 ''j, a ince F �� 3 gv 3 MOTION by Patricia Eggers to adjourn at 7:25pm Second by John Nixon 1 VOTE: 6-0-0 Respectfully submitted, - 3 arilyn Goers/Administrative Assistant i 4 ZBA Minutes 11-15-16