HomeMy Public PortalAboutZoning Board of Appeals -- 2016-12-13 Minutes TOWN OF BREWSTER
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Date: Approved: January 17, 2017
Vote: 5-0-0
TOWN OF BREWSTER
Zoning Board of Appeals j
Tuesday, December 13, 2016 at 7:00 PM
Brewster Town Office Building
Attending Committee Members: Brian Harrison(Chairman), Arthur Stewart, John Nixon, Paul
Kearney, Patricia Eggers, Bruce MacGregor 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 012-13-16
Minutes
MOTION by Patricia Eggers to accept the Minutes of November 15, 2016 as distributed. Second by Arthur.
VOTE 7-0-0 i
ifi 09;Clarence ]. Sil,4la, 11. Howes Street, Map 74 Lot 32 (prerrio.U. I M 341 140) 'm the RM
zoning'Dlstrict. The applicant seeks a' Variance under`MGL 40A and'Brewst Bylaw 179 52 to gain relief
from
property line setbacks for a current:shed. request A GONTINUANCE.(date to be determined)..'
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Request by Attorney Robert Lawless requested a WITHDRAWAL w/o prejudice.
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MOTION by Brian Harrison to accept this request ( withdraw w/o prejudice) based on request
and e-mail dated 12-13-16 from Victor Staley to stay any enforcement action until February 12,
2016 ....Second by Arthur Stewart. VOTE: 5-0-0
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16-29 Barbara Beckley: and ;Nancy Wiltse, (`represented by .;Edward Wanamaker; Builder), 9, E
Captain Dunbar Road 'Mao 91 Lot 31 (prerriously Map 7 'Lot 26) in he RM zoning district The; i
applicant seeks aSpecial Permit under; MGL,,40A and Brewster Zoning Bylaw 179-51 section 25-8 to alter/
extend a pre-existing noncontormmg structure.
Members hearing this application are; Bruce MacGregor, Brian Harrison, Paul Kearney, Patricia Eggers,
and John Nixon. i
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Mr. Wannamaker (representing the applicants) gave a brief overview of the project and request.
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ZBA Minutes 12-13-16
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• The stairs are located in the front of the house/straight from the front door
• Older owners need a landing from the front door, not stairs straight down
• This is designed off to the side with a reduction of 4 steps
• New building codes require a landing for safety
• septic is in the front thus stairs will go to the side
QUESTIONS
• How close to the road? about 20 feet
• 35 year old septic plan
• working within setbacks
• non-conforming is lot coverage E
• ZA letter indicates footprint will be bigger? landing is 4` sqaue
• Is this door the primary entrance? YES
Open to Public Impact
No one spoke to this application
MOTION by Patricia Eggers to Close to Public Input.
Second by Paul Kearney
VOTE: 5-0-0
FURTHER BOARD DISCUSSION'
MOTION by Arthur Stewart to Close to Public Input.
Second by Paul Kearney
VOTE: 5-0-0
MOTION by Patricia Eggers to APPROVE Special Permit as presented for the landing with
stairs for a pre-existing non-conforming structure. Second by Paul Kearney. VOTE: 5-0-0
16-27 Sanford and Madeline Zenon (represented by Attorney Duane P: Landreth.) 40
Cran�iew Road, Map 10 Lot 66 (previously M 38 L 74) iin the RR Zoning District. The
applicant seeks a Special Permit for demolition of ;a preexisting non-corformirtg structure and
replacement of a single family borne under MGL c 40A,'section 6 and Brewster Bylaw 17972 3
Members hearing this application are; Bruce MacGregor, Paul Kearney, Patricia Eggers, Arthur
Stewart and John Nixon.
Attorney Landreth represented the Zevon family. H gave brief overview of application.
• Applicants have presented before the Conservation Commission with an October revion.
APPROVED
• Move home to NW by 7.9 feet to be outside the 59 foot line
• Now moved to be within "conformity"for Cons Com
• Odd lot with no frontage dates back to 1930 (7/14/33)
• GIS map shows all setback in line
• Lot in single ownership
• RR zoning district
• originally a "wood" road off Slough Road
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ZBA Minutes 12-13-16
• pork chop shaped lot
• 52' away from the edge of wetlands
• 30' frontage with 20/20 rear setback
• 1960 zoning bylaws
• A 1+2 plans show elevations and house plans
• Total lot coverage is 39%
• Height 28.2 feet
Board Comments
• Zoning Bylaw 179-25 B5, section 6
• impact of neighborhood
• use is consistent; single family
• well designed, well sited on lot
• satisfactory access for emergency vehicles
needs to meet town regulation for street sign and/or numbering
• adequate parking
• landscaping good; remains heavily wooded
• new Title V
• well has been tested
• Buried electric lines
• project couples with zoning regulations/ not detrimental to neighborhood
Questions
• Hard to find; no signs or mailbox? To be conditioned? via Fire Dept. Access Regulations
• Lack of signage a safety Issue for emergency vehicle;es
• According to owner's son there WILL BE a mailbox with #
Open to Public Impact
No one spoke to this application
MOTION by Paul Kearney to Close to Public Input.
Second by Patricia Eggers
VOTE: 5-0-0
No further discussion regarding this application
MOTION by Arthur Stewart to APPROVE Special Permit as presented with the following
conditions;
o signage (house numbers) within Town Access Regulations for emergency and public safety
vehicles 1
o Receipt of Conservation Commission's Order of Conditions
o Receipt of Heath Department plan
o Maintain drive (road) to town standards of 12 feet width and height
Second by Paul Kearney. VOTE: 5-0-0
Chairman, Brian Harrison asked Attorney Landreth to draft written decision. Town Planner, Ryan
Bennett with send him our new template. to be filed within 14 days
BOARD DISCUSSION
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ZBA Minutes 12-13-16
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TRY TO include in packets;
• Add directions to checklist
• MAP of properties
• Add DEPARTMENT REVIEW summaries to packets
• Ask that site plans have N/S arrows
MOTION by Patricia Eggers to adjourn at 9:00pm
Second by Paul Kearney
VOTE: 7-0-0
Respectfully submitted,
Marilyn Mooers)
nAistrative Assistant
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ZBA Minutes 12-13-16