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Home My Public Portal AboutZoning Board of Appeals -- 2018-06-12 Minutes \0\�\\\\\\\\\ vkewsvjiiia TOWN OF BREWSTER �p`� koWE R gT�`•�'% Zoning Board of Appeals iIS o ° 9�" = 2198 Main Street a Brewster, Massachusetts 02631 - 1 898 p _ ( 508 ) 896-3701 x1168 trCOFAX ( 508 ) 896 -8089 Jill ofip,01% FIE /// Date : Approved : 07 - 10 - 18 Vote : 4-0 -0 TOWN OF BREWSTER MINUTES Zoning Board of Appeals Tuesday, June 12 , 2018 at 7 : 00 PM Brewster Town Office Building Attending Committee Members : Brian Harrison, Arthur Stewart, Bruce MacGregor, William Hoag and Jeannie Kampas . Members missing : John Nixon and Patricia Eggers . Guests : John M . O ' Reilly, George Reilly To review past/present hearing : www. brewster - ma . Lov / documents and archives / Ch 18 video archives / recent videos / ZBA 064048 Minutes of April 9 , 2018 and April 10, 2018 . MOTION by William Hoag to accept the Minutes of April 9, 2018 as distributed. Second by Arthur Stewart . VOTE : 3 - 0 - 0 MOTION by Bruce MacGregor to accept the Minutes of April 10, 2018 as distributed. Second by Jeannie Kampas . VOTE 4- 0 - 0 Application # 18- 03 : The property owner at 810 Main Street (Map 26, Lot 45) , Sarah Stranahan, (represented by J . M. O ' Reilly & Associates,) and located in the RM zoning district, seeks a Special Permit under MGL 40A, section 6 and Brewster Zoning Bylaw 179 - 25 to raze and replace three 1 bedroom cottages . Members hearing this application are ; B . Harrison, W. Hoag, A. Stewart, B . MacGregor and J . Kampas . Mr. John O ' Reilly, representing the applicant, gave an overview of this project and application : • This is a continued non - conforming use • application is for 3 cottages closest to highway • Frontage is on Edwards Drive • There have been improvements to main house • Title V is OK 1 ZBA Minutes 06- 12 - 18 6/26/2018 9 : 09 AM N : \Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 06 - 12 - 18 edits . docx • Plan with Revision date of May 28, 2018 was made after Fire Chief comments and discussion • For traffic safety, road to be elevated to 1 % slope • Property coverage is 9 . 1 % Questions from the Board • When were these cottages last used? In 2017 by J1 visa workers • Does the revised plan satisfy the Fire Chief as to turn around? YES, with the widening and grading. • Is this also a farm ? NO, property next door is an orchard and garden . • 4th cottage on property will be used for storage • Plan to rent year- round when done . Open to Public Impact Linda Autv, 70 Pine Hill Drive o These cottages were used seasonally previously is year- round OK? o Concern with construction schedule . o Ms . Stranahan noted they will be " modular" home and should take 2 weeks to put together, finish work will be fast, some demolition this summer. Further Discussion • There are start and finish limits for construction ; 7am = 7pm, Mon . - Friday. • Ms . Stranahan will coordinate with abutter • Guest parking ( 3 spaces noted) off the driveway to main house . MOTION by Arthur Stewart to Close to Public Input. Second by Bruce MacGregor VOTE : 5 - 0 - 0 FURTHER BOARD DISCUSSION • Replacing seasonal with year= round housing is needed • Two Board members feel this is a good change . • Is there a definition of seasonal/ year- round ? There is a Definition of " cottage colony" (seems to fit) • This application went before Staff Review several years ago and was given encouragement to proceed for year- round . (From 4 cottages to 3 ) . • There should be much less use in the winter months . • " Findings of Fact" were read into the record; • The proposed alteration will not negatively impact groundwater quality • 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 2 ZBA Minutes 06 - 12- 18 6/26/2018 9 : 09 AM N : \Planning \ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 06- 12 - 18 edits . docx MOTION by Arthur Stewart to GRANT this Special Permit request 18 - 03 according to the Materials presented and Testimony given, subject to approval by Historic District Commission ( HDC) . Second by Bruce MacGregor, VOTE : 5 - 0 - 0 # 1646 William Hanney, Trustee, Sand Dune Realty Trust (represented by Attorney Andrew L. Singer, 10 Nancy May Path (Map 91, Lot 14- 798) , in the RM zoning district. The applicant seeks an Extension of previously approved Special Permit 16 = 16 to alter, extend and change a pre - existing, non- conforming dwelling Members hearing this application ; Brian Harrison, Arthur Stewart, Bruce MacGregor, Jeannie Kampas and William Hoag. Attorney Andrew Singer presented this application . • A building Permit has been applied for, but due to " seasonal limits for work" in the Condominium Documents the Zoning Agent suggested formalizing an Extension . • The applicant is asking for ONE ( 1 ) year extension . Board had no questions at this time . Open to Public Input No one spoke to this application MOTION by Bruce MacGregor to Close to Public Input. Second by Arthur Stewart VOTE : 5 - 0 - 0 MOTION by William Hoag to GRANT a ONE ( 1) Extension of Special Permit 1646 . Second by Arthur Stewart, VOTE ; 5 - 0 - 0 Application # 18 = 04 Andrew and Dana Gilbert at 29 Cranview Road (Map 10 Lot 57) , (represented by Leonard Carr, builder) and located in the RR zoning district, seek a Special Permit under MGL 40A, section 6 and Brewster Zoning Bylaw 179 - 25 B to raze and rebuild a portion of a pre - existing non - conforming home within the same footprint. Members hearing this application ; Brian Harrison, Arthur Stewart, Bruce MacGregor, and William Hoag. J . Kampas asked to be recused from this application due to family conflict of interest, this request was granted by Chairman Mr. John O ' Reilly was present representing the owner and the Builder . • Both were present at the hearing as well as Mr. Steve Cook. • Mr. O ' Reilly agreed to hearing this with 4 members • Mr. O ' Reilly presented an overview; o Reconstruction on the original footprint o Previously Conservation Commission Granted an Order of Condition as the property is within the 50 ' buffer. o Abutters that have been contacted are supportive 3 ZBA Minutes 06- 12- 18 6/26/2018 9 : 09 AM N : \Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 06- 12- 18 edits . docx o The project involves extending the 2nd floor on the back side by connecting 2 dormers with one full dormer. o The " in -law" apartment was previously permitted to past owner, new application has been filed to transfer the apartment and use to the Gilberts . Questions from the Board • Most members felt this was very straight forward Open to Public Input Anne Dolan -Niles 501 Slough Road o She had looked at the proposal as an abutter behind and to the left o When will the teardown start? Start within the year. o Would like to review the ConsCom Order of Conditions (Admin . Clerk will e - mail these to the abutter) MOTION William Hoag to Close to Public Input. Second by Arthur Stewart VOTE : 4 - 0 - 0 Further Discussion • Nice upgrade • Mr. Cook made note that the original foundation is not in code compliance and needs to be replaced . MOTION by Arthur Stewart to GRANT Special Permit 18 - 04 according to the Materials presented and Testimony given, . Second by William Hoag, VOTE : 4- 0 - 0 • The Chairman read the " Findings of Fact" that are appropriate to this application to be added to the final decision ; • The proposed alteration will not negatively impact groundwater quality • 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 adjourn at 7 : 45 pm Second by William Hoag VOTE : 4- 0 - 0 Respec fully submitted, Marilyn Mooers /Administrative Assistant 4 ZBA Minutes 06 - 12- 18 6/26/2018 9 : 09 AM N : \Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 06 - 12- 18 edits . docx