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HomeMy Public PortalAboutZoning Board of Appeals -- 2017-03-14 Minutes 1 I ``��..\`���\o �R�t � �ls� ��ii����� TOWN OF BREWSTER.';,` Zoning Board of Appeals k Q6 9FN�' 2198 Main Street , Brewster, Massachusetts 026314$ 8 Q 4 ch (508) 896-3701 x1168 •�= FAX (508) 896-8089 ''� Date: Approved: April 11, 2017 Vote: 3-0-2 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, MARCH 14, 2017 at 7:00 PM 1 Brewster Town Office Building I Attending Committee Members: Brian Harrison (Chairman), Arthur Stewart, Paul Kearney, Leslie Erikson and Bruce MacGregor were present. Members missing; John Nixon and Patricia Eggers. 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 03-14-17 i' Minutes of February 14, 2017 MOTION by Paul Kearney to accept the Minutes of February 14, 2017 as presented. Second by Arthur Stewart . VOTE 5-0-0 17. O6 Seascape East Homeowners'AssociatQn Inc; [represented by Mr 1oh'n Lamb (President), 14 ©rake Why, MAP 114 LOT 28(prev!ously M 12 L 4 28)in the RM zor��r�g d�str ct The applicant seeks An Appeal of the Zoning Agents Decllslon under MGL;40A 8`and 15 artd Brewster Zoning Bylaw Table I`!area regulations, rggardI g the issuance of a buildi permit for the location of an accessory5structure I Members hearing this application are; Bruce MacGregor, Brian Harrison, Paul Kearney, Arthur Stewart and Leslie Erikson. i i Seascape East Homeowners' Association Inc.represented by Mr. John Lamb (President) Mr. Lamb gave an overview of this application; • The Seascape Board voted unanimously to continue with this appeal of the Zoning Agents decision and permits issued. • The barn is attractive but the they are questioning the routine approval of the location • Structure was planned 16 feet from the road and 10 feet from association land, • But was placed 13 feet from the road and 4 feet 6 inches from Seascape land. • This is about the future of this neighborhood community association. • Homeowners Association began in 1980 but subdivision and cluster rules have changed over the I years. 1 ZBA Minutes 03-14-17 I • Technically there must be a better way to address this issue • According to VS letter of 12-28-17; 10 feet from front, 24 feet • "routine permitting process" • Attachment#3; notification from HDC was the only way Seascape Owners were informed. • 30 feet front, 20 feet side + rear have been subdivision association rules for 24 years with expiration in 2003 • revised in 2004/ revised sun division covenants (almost unanimous vote) • Attachment#2; 27 abutters are all bound to restrictions for RM zone, as a deed restriction. • Attachment #9 B or C; involving beach rights/deed attachment/obligation to join association to contribute to insurance • Maintaining approximately 8.2 acres of Open Space with 10 feet and 0 setbacks • Most towns apply current rules to pre-existing/non-conforming • 1971-1984 minimum set for zone; frontage 135, front 30/40, side/rear 20/20 or 25/25 NOW ??? • Overall this is not the correct rule to apply, hard to preserve open space • Sometimes this becomes a civil issue/open space conflicts/encroachments • Crosby Beach is most popular according to Town of Brewster survey and most appreciate the rural look to the approach Questions by the Board • Revised covenant in 2004; was this done by an attorney? YES, Roger O'Day, can people opt out? • First covenant everyone had to sign-up • ZA letter noted it was to apply in perpetuity. Open to Public Input • Dottie Barnard 10 Drake Way expressed that she and her husband had applied for and been granted/issued all appropriate permits. MOTION by Arthur Stewart to Close to Public Input, Second by Paul Kearney. VOTE: 5-0-0 i Further Discussion by the Board I l • Are cluster subdivisions treated differently than regular subdivision? why • 179 22B "at time of endorsements" 24 feet from your lot line or someone elses lot, 1 • unique to Brewster; respect "creation" date } • nonconforming preexisting outdated • Can someone else do the same thing to 10 Drake Way? How would they feel? • Building permit was issued under right conditions • It is a interpretation by the Zoning Agent based on his knowledge and years of experience i RE Open to Public Input i • Dottie Barnard 10 Drake Way 100 feet from nearest neighbor, not in open space 3 • John Lamb build to lot line would not happen, BCT indicated too much trouble to take over this open space (scattered),Town did not want the open space land either MOTION by Arthur Stewart to Close to Public Input, Second by Brian Harrison VOTE: 5-0-0 2 ZBA Minutes 03-14-17 i FURTHER DISCUSSION • Tough situation • possible correction in the future for protection of future cluster subdivisions • Suggestion that the Association seek re-zoning; come in and speak with Town Planner regarding possible Citizens Petition for change of Bylaw through Town Meeting • We are here to overturn the Zoning Agent (need 4 votes) • Things like this divide neighborhoods MOTION by Brian Harrison to UPHOLD the Zoning Agents decision as stated and move on from there. Second by Arthur Stewart. VOTE: 5-0-0 17 47 Robert and Anne Aussant, (represented by Thomas A Moore Design co}, sz Six Penny Lane, MAP 37 LOT 25 (preciously M 79 L 15}�n the RM;zoning district. The applicant seeks a Special Permit udder MGL 40;4 9 and Brewster zoning Bylaw 179 25 B and 179 6 for multiple;, additions to a pre existing rtor� conforming dwelling w�thihthe mapped Wetlands Conservancy Members hearing this application are; Bruce MacGregor, Brian Harrison, Paul Kearney, Arthur Stewart and Leslie Erikson. Mr. Thomas Moore represented the applicant and gave the following information; • additions meet all setbacks • additions are on sono tubes • garage is poured concrete foundation • no basement (just crawl space) • existing porch to be converted to living room • soil samples were done when septic was done, borings indicated loamy sand and silty loam • location of borings minimized for excavation i Questions from Board • What was Conservation review?? From Conservation Agent; NOT in their jurisdiction • pretty straight forward Open to Public Input • No one spoke to this application s MOTION by Arthur Stewart to Close to Public Input, Second by Paul Kearney. VOTE: 5-0-0 I MOTION by Arthur Stewart to Grant this Special Permit after revlewmg docurnentatlon and testimony Second by Bruce MacGregor MOTION by Paul Kearney to adjourn at 8:30pm Second by Leslie Erikson VOTE: 5-0-0 3 ZBA Minutes 03-14-17 Respectfully submitted, Marilyn Mooers/Administrative Assistant 'J i I i jE i I I i i 1 3 3 i 4 ZBA Minutes 03-14-17