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Home My Public Portal AboutZoning Board of Appeals -- 2017-05-09 Minutes TOWN OF B REWSTE R k < p � R TF .� �% Zoning Board of Appeals off, �� _ o ,�' 2198 Main Street m . Brewster, Massachusetts 02631 - 1 898 1 O tC In ( 508 ) 896-3701 x1168 'yam FAX ( 5081 896 -8089 RP0 i i i i i u t t � Date : Approved : June 13 , 2017 Vote : 4 =0 =0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, May 9, 2017 at 7 : 00 PM Brewster Town Office Building Attending Committee Members , Brian Harrison (Chairman) , Arthur Stewart, J . Bruce MacGregor, John Nixon, Paul Kearney, Patricia Eggers and Leslie Erikson Guests ; Ryan Bennett, Brewster Town Planner, Michael Schaffer, Attorney Benjamin Zehnder, Paul VanSteesel To review past/present hearing: www.brewster- ma. gov / documents and archives /Ch 18 video archives /recent videos / ZBA 05 - 09 - 17 1~ �Ei,.� af Minutes r _WA 22%' : 12pi1 MOTION by Patricia Eggers to accept the Minutes of April 11, 2017 as distributed. Second by John Nixon . VOTE 7 - 0 - 0 17 - 09 New Venture ' Holdings, LLC . (Represented by David Lyttle of Ryder+ Wilcox) 0 Underpass Road, Map 78 Lot 117; (previously M 15 L 156) , in the VB /CH zoning district. The applicant seeks a Special Permit under MGL 40A #9 and Brewster Zoning Bylaw 179 - 5 E to extend the use permitted in the CH zone (contractor bays in a row commercial building) into the VB zone, Members hearing this application are ; Arthur Stewart, Brian Harrison, Patricia Eggers , Leslie Erikson and John Nixon . Documents , • Application and Data Sheet • Locus Map • Plan of Land by Ryder+Wilcox, dated 2 / 18 / 17 • Morton Buildings specifications • Landscape Plan, rev # 002 , 03 / 6 / 17 Ryder+Wilcox • Proposed Buildings and Sewage Disposal System by Ryder + Wilcox, dated 3 / 24 / 17 • Conservation, Order of Conditions , dated 4 / 13 / 17 • Site Plan review decision # 2017 - 05 (Planning Board) • e - mail from Zoning Agent dated 4/ 10 / 17 • abutters letter; D . Michael Schaffer, dated 4/ 26 / 17 Attorney Benjamin Zehnder and his client Paul VanSteesel were present to give an overview of this application . 1 ZBA Minutes 05 -09- 17 i • Due to date received this application was not consolidated with the application before the Planning Board • Mr. VanSteesel will be selling these units as condo ' s • 5 bays total with all equipment self contained inside ; the HVAC system will have an external unit • New Venture Holdings has received a Site Plan Review Permit from the Planning Board dated April 26 , 2017 • The applicant is requesting 2 Special Permits within ones first to extend the row commercial use into the VB district, (permitted in CH) and to clarify units use within Table 1 Use regulations . • Tentative ownership ; HVAC contractor, Building contractor storage ( 2 - 3 ) , and possible 2 storage units . • Will try to keep the area as neat and clean as possible • They have expressed concerns through the Planning Board with Landscape Plan (as presented) as a buffer. • Planning Board has addressed access and turnaround, curb cut, traffic issues and other issues . QUESTIONS from the Board • Why was the building placed as indicated? Conservation lines made it necessary to place where it is . • Concerns of hazardous materials ? Control overtime by the Cons Com Order of Conditions, that document will be part of each deed . • Will there be a " condo regulations doc" ? Yes, to be filed with the Master Deed . • Is HVAC unit for staging or fabrication? Concern regarding noise, perhaps limited hours of operation . • As noted by Conservation there was an " open ditch", this is not the Considine Ditch and has been filled under supervision of the Conservation Department. Open to Public Impact • Michael Schaffer, 2380 Main Street. As an abutter Mr. Schaffer sent a letter dated 4 - 2647 to the ZBA which was sent to all members for review. Mr. Schaffer expressed concerns for 1) total clearing of lot, 2 ) hours of operation and noise 3 ) an attractive nuisance for children in the area, He would like to see consideration given to a possible fence behind the building, hours of operation be delineated and possible scale down from 5 to 3 bays . Mr. Schaffer did note he did not attend either Planning Board or Conservation Public hearings . He also mentioned he had been told many years ago that the trench was the Considine Ditch (but this has changed now?) MOTION by Pat Eggers to Close to Public Input. Second by Arthur Stewart VOTE : 5 - 0 - 0 FURTHER BOARD DISCUSSION • Leland Cypress (as noted on plan) provides a better sound barrier but perhaps a chain link or stockade fence along with the trees could be provided. • Possible Hours of operation; 7 - 7 six ( 6) days a week • What about change of Occupancy? This would go back to the Building Department enforcement of all regulations (use as well as hazardous materials) • reducing from 3 to 5 bays is not a reasonable request after other permits have been decided • change in fence may have to go before OKH MOTION by Arthur Stewart to GRANT a Special Permit in accordance' with all materials and testimony presented with 3 conditions ;1 ) stockade or chain link fence behind the building 2) limit hours of operation to 7 to7, six (6) days a week, 3 ) any change in occupancy returns to Building ' Dept to regulate use. Second by Patricia Eggers . VOTE : 5 - 0 -0 2 ZBA Minutes 05-09- 17 MOTION by John Nixon to adjourn at 8 : 30 pm Second by Patricia Eggers VOTE : 7 - 0 - 0 Respectfully submitted, Marilyn Mooers /A �inistrative Assistant ZBA Minutes 05-09 - 17 3