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Home My Public Portal AboutZoning Board of Appeals -- 2017-06-13 Minutes 111111 011l1/q�iii% o� � c � D � Rs9��,, TOWN OF BREWSTER f sem, Zoning Board of Appeals 2198 Main Street r ' rt . Brewster , Massachusetts 02631 - 1898 M� ( 508 ) 896 -3701 x1168 t' �� u=�,- •� FAX ( 508 ) 896-8089 rrti� iiiiru1u111\\\\\\� Ilk . . hi1 Date : Approved : July 11, 2017 BRE14SHP T04N r:LERK Vote : 5 -0- 0 TOWN OF BREWSTER Zoning Board of Appeals Tuesday, June 13 , 2017 at 7 : 00 PM Brewster Town Office Building Attending Committee Members : Brian Harrison ( Chairman) , John Nixon, Paul Kearney and Arthur Stewart. and Bruce MacGregor were present. Jeannie Kampas participated but abstained Members missing; Leslie Erikson, Patricia Eggers (arrived at 8 : 05 ) To review past/present hearing: www.brewster-ma .gov/ documents and archives /Ch 18 video archives /recent videos / ZBA 0643 - 17 7 : 00 PM meeting called to order Minutes of May 9, 2017 MOTION by John Nixon to accept the Minutes of May 9, 2017 as presented . Second by Arthur Stewart, VOTE 4- 0 - 0 1740 Stoffel, Diane , represented by Don Ziegler (builder), 50 Dennison Road, in the RM zoning district, Map 69 Lot 109, previously M 5 L 65 . The applicant requests a Special Permit under MGL 40A 6 and Brewster Zoning Bylaw 179 -25 - 13 to demolish and rebuild a pre- existing nonconforming structure. Members hearing this application are, Arthur Stewart, John Nixon, Paul Kearney and Brian Harrison. Due to the fact that there are only 4 members present (not a quorum) to hear this application, the decision would have to receive a unanimous vote to grant. The applicants were given the opportunity to Continue to another date or proceed. They decided to go ahead with 4. Mr. Ziegler gave a brief overview; • This is a pre - existing house built in 1948 • Approval has been given by the Historic District Commission and Conservation • Victor Staley felt a Special Permit would be needed • building on the existing footprint • Septic is in place • Conservation approval noted rear deck; had been previously started and walked away Open to Public Input No one spoke to this application Arthur, Stewart made MOTION to Close to Public Input. Brian Harrison second VOTE : 4- 0 - 0 Thought from the Board to pretty straight forward 1 ZBA Minutes 06- 13- 17 • no issues from abutters • findings of fact: The height and bulls of the proposed project was generally in keeping with the other single- family homes in the area There will be no impact on traffic flow and safety; the home is single family home located in residential zoning district and is to remain a single- family home There is adequate access for emergency services i. e. fire and police There is an adequate method of sewage disposal The proposed alteration will be in keeping with visual character of the neighborhood The proposed alteration will not negatively impact groundwater quality MOTION by Arthur Stewart to GRANT 1740 Special Permit as presented with documentation and findings of fact. Second by Paul Kearney. VOTE ; 4- 0 - 0 17= 11 Piscillo, Anthony , 81 Maple Lane, in the RM zoning district, Map 125 Lot 69, previously M 29 L 66. The applicant request the following for a nonconforming structure; Special Permit under MGL 40A- 6 and Brewster Zoning Bylaw 179 - 25 - 13 proposed addition extending front setback and a Dimensional Variance under MGL 40A40 . and Brewster Zoning Bylaw 179 , section 52 to locate proposed additions rear and side closer than the allowed 20 foot setback. Members hearing this application are, Arthur Stewart, John Nixon, Paul Kearney, Bruce MacGregor and Brian Harrison. Mr., Piscillo presented his application; • Application for Special Permit and Dimensional Variance within one ( 1) application . • The Board asked Mr. Piscillo to divide them out; Variance first then on to Special Permit. • Variance- wish to add a master bath and closet, encroaching on setbacks (left side by 2 ' and back by 6 ') This will be a primary residence thus they wish to reconfigure the first floor living space . Questions from the Board • Board felt this did NOT meet the all of criteria needed for a Variance . • Nothing unusual "relating to soil condition, shape or topography of land, lot square with no unusual terrain. " • Mr. Piscillo mentioned there was nowhere else to go for expansion • Board mentioned the positioning of the home does NOT make it unique . • They were all struggling with that specific criteria. • Suggest the applicant CONTINUE this portion and in the meantime consult an attorney • Filing fee can be waived for application fee for one ( 1) year) Mr. Piscillo request a CONTINUANCE TO July 11, 2017 MOTION by Arthur Stewart to CONTINUE the Variance of 17 - 11 to July 11, 2017 . Second by John Nixon . VOTE : 5 - 0 - 0 . Further Discussion • Come to the Planning Department and talk to Ryan Bennett (Town Planner) as to how to proceed Questions by the Board / Special Permit • front setback encroachment on right side to increase size of garage • Adding for architectural balance • increasing and intensifying non- conformity Open to Public Input No one spoke to this application Arthur Stewart made MOTION to Close to Public Input. John Nixon second VOTE ; 5 - 0 - 0 MOTION by Arthur Stewart to GRANT Special Permit 1741 as request and with plans submitted. Not detrimental to the neighborhood. Second by Paul Kearney. VOTE : 5 - 0 - 0 2 ZBA Minutes 06- 13- 17 17 - 12 The Family School, 3570 Main Street, in the RM zoning district, Map 28 Lot 35 - 3 , previously M 126 L 90 . The applicant seeks a Variance under MGL 40A40 and Brewster Zoning Bylaw 179 - 52 for existing sign at current location. Members hearing this application are; Arthur Stewart, John Nixon, Paul Kearney, Bruce MacGregor and Brian Harrison. Ms . Galazzi spoke to her application; • HDC has approved the design and size presented • The sign permit issued previously was too large • There are approximately 150 trips in & out daily, increasing during the summer. • Line of sight is very important • Driveways are in a passing zone area • This request is primarily for safety, so people can judge to SLOW DOWN • They wish to continue the sign as it presently exists Questions from the Board • Two signs, for Salt Box School and The Family School • People stop when turning in from both directions, they need better access . • Suggest wider roadway and paving might help . • No objections to the size of the sign ( approved 9 years ago) • Signs definitely give people time to SLOW DOWN • exit sign is in compliance • Signs are on school property not state road layout • State will repair the culvert at that part of the road Open to Public Input Herb Montaomery abutter, • Mr. Montgomery spoke in favor of this request, Family School has always been a good neighbor. Arthur Stewart made MOTION to Close to Public Input. John Nixon second VOTE : 5 - 0 - 0 BOARD DISCUSSION • In favor of this application • All comments from Town were favorable, especially the Police for public safety. • Can you see the sign coming out from the property? YES, it is above the knoll . MOTION by John Nixon to GRANT this Variance as requested, it meets all requirements as per discussion. Amendment, Historic District Commission does NOT need a new application . Second by Arthur Stewart, VOTE : 5 - O - 0 . 1743 New Venture Holdings LLC ., 44 Underpass Road, represented by Paul Van Steensel (owner) within the VB / CH zoning district, Map 78 Lot 117 (previously M 15 L 156) The applicant seeks a Variance under MGL 40A- 9 and Brewster Zoning Bylaw 179 Table 2, area regulations for rear 15 ' setback and install an eight (8) foot fence on the northern property line to satisfy a condition previously set under ZBA Special Permit # 17- 09 . Members hearing this application are, Arthur Stewart, John Nixon, Paul Kearney, Bruce MacGregor and Brian Harrison. Mr. MacGregor disclosed himself as an abutter but this OK with the applicant. Mr. Paul VanSteensel presented his application, • Mr. Schaffer, a direct abutter, requested this fencing • They agreed with an eight foot (8 ') fence but now must go on the property line • 6 fence was shown on a significant elevation • Leland's will still be planted • they will work with the excavator to level some area Questions from the Board 3 ZBA Minutes 06- 13- 17 • Where is the fence going? as close to the property line as possible • Conservation has asked for Leland ' s on the line as well • Board suggested letting the applicant pick placement of fence • Meets Variance requirements ; with the property grade in the back. Open to Public Input Mr. Michael Schaffer In son of direct a abutter • Mr. Schaffer spoke as to what his father had request and it was well accepted . • Thanks for considering this request Arthur Stewart made MOTION to Close to Public Input. John Nixon second VOTE : 5 - 0 - 0 MOTION by Brian Harrison to GRANT Variance for New Venture Holdings LLC ( 1743) for installation of an 8 ' fence within 15 feet of rear property line (northern) . Second by Paul Kearney, VOTE : 5 - 0 - 0 . MOTION by Patricia Eggers to adjourn at 830 pm Second by John Nixon. VOTE : 5 - 0 - 0 Respectfully submitted, i DLS Marilyn Mooers /Admin ' trative Assistant t 4 ZBA Minutes 06- 13- 17