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Home My Public Portal AboutZoning Board of Appeals -- 2017-09-12 Minutes INN/ TOWN OF B REWSTER '< Zoning Board of Appeals 0 , 2198 Main Street x � Brewster, Massachusetts 02631 - 1898 0 a j, co ( 508) 896 -3701 x1168 V0 (4.4 _�s+ �CO = FAX ( 508 ) 896-8089 �� oi08/2iiiaiurniiilit�~in��t�\�� o� Date Approved : Vote . b TOWN OF BREWSTER MINUTES Zoning Board of Appeals Tuesday, September 12 , 2017 at 7 : 00 PM Brewster Town Office Building Attending Committee Members : Brian Harrison ( Chairman) , John Nixon, Paul Kearney, Bruce MacGregor, Jeanne Kampas and Patricia Eggers . Member missing: Arthur Stewart Attending guests : Ryan Bennett (Brewster Town Planner) To review past/present hearing: www.brewstermma.gov/ documents and archives / Ch 18 video archives /recent videos / ZBA 09 - 1247 7 : 00 PM meeting called to order Minutes of August 8, 2017 MOTION by Paul Kearney to accept the Minutes of August 8, 2017 as presented. Second by Patricia Eggers. VOTE & 0 - 0 REQUEST TO withdraw w/o prejudice PREVIOUSLY Continued from Sept. 8, 2017 1745 The Family School, 3570 Main Street, in the RM zoning district, Map 28 Lot 35 - 3 , The applicant seeks a Dimensional Variance under MGL 40A- 9 and Brewster Zoning Bylaw 179 - 52 for construction of an 8 ' fence with mesh netting along the Main Street ( MA Rte., 6A) property line . MOTION by Patricia Eggers to ACCEPT the WITHDRAWAL w/ o prejudice for 17 - 15 as requested. Second by John Nixon. VOTE : 6 - 0 - 0 1747 Heather Pond, 199 Seaway Road, in the RM zoning district, Map 79 Lot 133 . The applicant seeks a Modification of a previously issued Special Permit (1046) under MGL 40A- 6 and Brewster Zoning Bylaw 179 -25A to accept the deck as built. Members hearing this application; Bruce MacGregor, John Nixon, Paul Kearney, Patricia Eggers and Jeanne Kampas . Heather Pond (applicant) gave a brief overview of this request. Minutes 09/ 12/ 17 10/3/2017 2 : 14 PM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 09- 12- 17 . docx • Originally they were going to do a patio but due to the age of her father a step down was NOT a good use . • All proper setbacks had been met • Deck was approved and accepted BOARD QUESTIONS or COMMENTS • This is for side deck? YES • Shower is on the back? YES • Did this evolve as the building progressed ? YES • Victor has everything now? YES, and all inspections are complete • Building inspector mentioned both deck and shower. We will address both this Open to Public Input • No one spoke to this application . MOTION by Patricia Eggers to Close to Public Input . Second by John Nixon VOTE : 6- 0-0 MOTION by Paul Kearney to GRANT Special Permit 17- 17 with added deck ( s ) as presented . Second by Patricia Eggers . VOTE : 5 - 0 -0 1748 John + Julia Shea, (represented by Thomas Moore Design Co .) , 174 Brier Lane, in the RM zoning district, Map 48 Lot 46, (previously M 19 L 334) . The applicant seeks a Special Permit under MGL 40A- 6 and Brewster Zoning Bylaw 179 - 25B and 179 - 6 to alter and extend an existing single family dwelling Members hearing this application; Bruce MacGregor, John Nixon, Paul Kearney, Brian Harrison and ' Jeanne Kampas . Thomas Moore and John Shea were present to discuss application. Mr. Moore gave a brief overview; • Rebuilding the kitchen area and second floor addition • HDC has approved this project • Conservation has issued Order of Conditions • The dwelling is pre - existing within Conservancy Soils • Lot coverage and height are within Brewster regulations QUESTIONS / COMMENTS • Right side elevation Plan EX3 • A3 plan seems to be turned around (mirror image) • A3 is right side, A4 is left • Front of house faces Route 6A? YES • Only a 4 foot expansion, rest of project on the same footprint Open to Public Input • No one spoke to this application . MOTION by Paul Kearney to Close to Public Input . Second by John Nixon VOTE : 5 -O- O Minutes 09/ 12/ 17 10/3/2017 2 : 14 PM VILESERVER1Wiiles\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 09- 12- 17 . docx DISCUSSION • Project lool<s fine MOTION by John Nixon to GRANT Special Permit 1748 to alter and extend preexisting dwelling as presented . Board accepts Findings of Fact submitted as part of this decision . Second by Paul Kearney . VOTE : 5 - 0-0 . 1749 Paul Van Steensel/ New Venture Holdings LLC, (represented by Attorney Benjamin Zehnder) , 0 Underpass Road, in the VB / CH zoning districts, Map 78 Lot 117 (previously M 15 L 166) . The applicant seeks a 960 s . £ Dimensional Variance from the 6, 000 s .f. maximum building area restriction under MGL 40A40 and Brewster Bylaw 179 - 52 . Members hearing this application; Patricia Eggers, John Nixon, Paul Kearney, Brian Harrison and Jeanne Kampas , New Venture Holdings was represented by Attorney Benjamin Zehnder, Mr. Van Steensel was present. Mr. Zehnder gave a brief overview of this project; • This is the third time this project has been before the Zoning Board for different permits, • This is to correct square footage requirements • This request originated because it would be extremely difficult and costly to remove a unit and this requirement was not picked up in the original Planning Board hearing or it would have been designed differently. QUESTIONS from the Board • Logical to correct it this way • No significant change overall • Awkward to have a dimensional threshold • Maybe the Planning Board and the Zoning Agent should clean up this requirement FURTHER DISCUSSION from Attorney • It was brought to Mr. Staley' s attention AFTER the building was built • Final bay; 1500 square feet • Once it is done it cannot be undone . • Significant financial hardship to change • Building was designed for the topography (with wetlands) • "isolated wetlands " not known when purchased • Once identified, this severely restricted the building design FINAL THOUGHTS • This meets all 4 criteria for a Variance • It is an independent issue, not setting a precedent. MOTION by Patricia Eggers to GRANT a Dimensional Variance to 1749 as stated in the application and with materials presented. Second by John Nixon. VOTE : 5 - 0 - 0 . MOTION by Patricia Eggers to adjourn at 7 : 15 pm Minutes 09/12/ 17 10/3/2017 2 : 14 PM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 09- 12- 17 . docx Second by John Nixon. VOTE : 6 - M Respectfully submitted, _ �G�� Marilyn Mooers /Ad istrative Assistant Minutes 09/ 12/ 17 10/3/2017 2 : 14 PM \\FILESERVER16\files\Planning\ZONING BOARD of APPEALS\MINUTES\ZBA Minutes 09- 12- 17 . docx