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Home My Public Portal AboutZoning Board of Appeals -- 2018-08-14 Minutes \\o\��\\\\\t\tttt I► 5/iiiiii//i�/ TOWN OF B R EWSTER Zoning Board of Appeals �`Ai� 2198 Main Street Brewster, Massachusetts 02631 - 1898 p o _ 9 , ( 508 ) 896-3701 x1168 � Y ¢' ro FAX (508 ) 896 - 8089 Date : Approved : October 9 , 2018 Vote : 5 - 1 -0 TOWN OF BREWSTER MINUTES Zoning Board of Appeals Tuesday, August 14 , 2018 at 7 : 00 PM Brewster Town Office Building Attending Committee Members : Brian Harrison ( Chairman ) , Arthur Stewart , (Vice -Chair) , Bruce MacGregor , Patricia Eggers , Jeanne Kampas and John Nixon . Member missing : William Hoag . Additional attendees ; Jill Scalise ( Housing Coordinator) and Donna Kalinick (Asst . Town Administrator) To review past/present hearing : www. brewster-ma . aov/documents and archives/Ch 18 video archives/recent videos/ ZBA 08- 14- 18 Minutes of July 10 , 2018 MOTION by Arthur Stewart to accept the Minutes of July 10 2018 as distributed . Second by John Nixon . VOTE 6-0- 0 New Application : 18 -07 Norgeot, Nathan (represented by Peter Coneen) , 761 South Orleans Road , MAP 151 LOT 1 , ( Previously M 45 L 474) , in the RM zoning district . The applicant seeks an Appeal of the Zoning Agents decision and/or a Special Permit under MGL 40A -6 , 8 , 14 and Brewster Zoning Bylaw Chapter 179 , Article VIII to add a second floor dormer and porch to an existing building which is currently a pre-existing , non -conforming use . Members hearing this application are ; Bruce MacGregor, Arthur Stewart , John Nixon , Jeanne Kampas and Brian Harrison . Documents : • ZBA Application (dated 06 - 15- 18 ) • VS letter; dated July 18 , 2018 and May 16 . 2018 • Certified Plot Plan , Ryder + Wilcox , dated 6- 1 - 18 , • Building Dept . ( packet) application , dated 6/22/84 • Plan of existing and renovation by Peter J . Coneen , dated 4/20/2018 Mr. Peter Coneen represented the applicant . The applicant and his son were present at this hearing . 1 ZBA Minutes 08- 14- 18 9/ 10/2018 10 : 00 AM N : \Planning\ZONING BOARD of APPEALSWINUTES\2018\ZBA Minutes 08- 14 - 18 . docxmam . docx APPROVED . docx Mr. Coneen gave the following overview ; • The lot was purchased in 1984 • Two (2 ) building permits were issued ; 1987 and 1988 . • Lot is 40 , 000 square feet • Property has been continuously occupied . • Building permit was applied for and granted , final inspection dated 3-31 -88 . • 2 (two) attached dwelling units with 2 kitchens were approved . • A 5 bedroom septic permit has been issued , propose 4 bedrooms Question from the Board : • Original Building permit was 1984 • Why is 1987 was it a one family unit? • Original structure was fully compliant • The Norgeot ' s checked off " one family" both times in the Building Dept . application , why? Considered an " honest" mistake • Could this be considered an "Accessory Dwelling " ? We have an existing dwelling with an apartment . • It is protected by the six (6 ) year statute of limitations . • Dimensional , non - conforming use issue ? Does not have 100 , 000 square foot lot size . Open to Public Input Jeff Noraeot, 761 South Orleans Road Previous owner of this property Not viewed as a 2 family , 1 person renal . MOTION by Arthur Stewart to Close to Public Input . Second by Bruce MacGregor VOTE : 5-0-0 Final Discussion • Reasonable project • Satisfied this has met the 7 - 10 year statute of limitation • If dimensional a Special Permit can be issued • Plans are sketchy , 1987 plans clearly state " existing " • Most Board members feel it is dimensional MOTION by Jeanne Kampas to Approve a Special Permit for 18-07 based on testimony and , materials read into the record . Second by Bruce MacGregor. VOTE : 5-0-0 . 18 -09 Zeller, Anthony , RE : 50 Wildwood Road , MAP 5 , LOT 14 , (previously M 21 , L 98) . In the RM zoning district . The applicant seeks an Appeal of the Zoning Agents Decision under MGL 40 , 40A regarding use of a residential property . Members hearing this application are ; Bruce MacGregor, Arthur Stewart , Patricia Eggers , Jeanne Kampas and Brian Harrison . Documents : • ZBA Application for Appeal od Zoning Agent Decision dated 6/5/ 18 • E - mail from Mr. Zeller to Zoning Agent , dated May 24 , 2018 • E- mails from Victor Staley ; dated June 8 , 2018 , May 18 , 2018 , April 30 , 2018 • Locus map 2 ZBA Minutes 08- 14 - 18 9/ 10/2018 10 : 00 AM N : \Planning\ZONING BOARD of APPEALSWINUTES \20182BA Minutes 08A4A 8 . docxmam . docx APPROVED . docx • Department Review Summary Mr. Zeller gave the following overview: • Single family home as per town Assessors • Need definition of " dwelling unit" and housekeeping unit • These terms are being used by the owner • When last inspected it was found in violation • Property supports 2 users ; 2 security systems , 2 mailboxes , 2 trash collections • Zoning Agent setting wrong precedent . • Jeopardizes the safety of the neighborhood Questions from the Board • Are they sharing a kitchen ? Unknown • Could be an open floor plan • AZ Separate entrances , side and back with 2 driveways • AZ People come in periodically ; stay and leave • Sounds like the definition of an "Airbnb" ; which changes all the time • AZ not a home , running as a business • Airbnb not relevant • Unit occupied as a 2 family dwelling • Not clear if 2 separate units • Don 't understand the " removal of stove" Open to Public Input Jason Prevost, 77 Wildwood Road The term of " housekeeping unit" is misleading , something to be read Into the term , separate contractual obligation . In theory the definition of family has changed . MOTION by Patricia Eggers to Close to Public Input . Second by Bruce MacGregor VOTE : 5-0-0 Further Discussion • This is a different world today , try to define "family" • BM supportive of Zoning Agent • Definitions too limited Chairman gave applicant option ; • Deny or Withdraw o Applicant would like to see a decision from the Board o To show everyone where you stand MOTION by Brian Harrison to UPHOLD the Decision of the Zoning Agent Based on documentation and discussion presented . Second by Bruce MacGregor, VOTE : 4- 1 -0 ; Eggers YES Kampas YES Harrison YES MacGregor YES Stewart NO 3 ZBA Minutes 08 - 14- 18 9/ 10/2018 10 : 00 AM N : \Planning\ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 08- 14 - 18 . docxmam . docx APPROVED . docx 18 -10 Ernst, Armin and Anderson , Dayna , ( represented by Jim Haggerty of Reef Home builders) , 49 Byfield Cartway , MAP 49 , LOT 84 , ( previously M 3 , L 67) in the RM zoning district . The applicant seeks an Appeal of Zoning Agent decision or a Special Permit under MGL 40-A and Brewster Zoning Bylaw 179 , section 25- 13 to raze an existing non-conforming home and rebuild a substantially less non - conforming structure . Members hearing this application are ; Bruce MacGregor, John Nixon , Patricia Eggers , Jeanne Kampas and Brian Harrison . Documents : • ZBA Application for Appeal od Zoning Agent Decision dated 7/ 1 // 18 • E - mail from Zoning Agent dated 7/3/ 18 • Locus Map • Proposed Zoning Plan (JM O ' Reilly) dated 7/20/ 18 • Existing Zoning Plan (JM O ' Reilly) dated 7/20/ 18 • Residence Plans ( Elevations , Floor Plan etc . by Reef Design ) dated 7/ 1 / 18 Mr. James Haggerty represent the applicant . Mr. Haggerty gave an overview of application . • Pre-existing • Demolish the existing dwelling • Replace with a less non -conforming • Reduce the existing non conformity to 210 square feet • Adding a second story • Lot coverage is under 25 % (24 . 7) • Historic approval • Will have a new septic system Questions from the Board • Where is septic going ? South side • Been to Board of Health ? Not yet • Is % of coverage OK? YES Open to Public Input No one spoke to this issue MOTION by Patricia Eggers to Close to Public Input . Second by John Nixon . VOTE : 5 - 0- 0 Final Discussion • Meet criteria • Condition upon BOH approval MOTION by Brian Harrison to Grant Special Permit as presented with " Findings of Fact" . Second by Patricia Eggers , Vote : 5-0- 0 , 18 -11 Benjamin + Lisa Mayhew, ( represented by Attorney Benjamin Zehnder) , 50 Twinturn Drive , in the RL zoning district, MAP 94 , LOT 105 (previously M 47 , L 130 . The applicant seek a Special Permit under MGL 40A, 6 , and Brewster Zoning Bylaw 179-51 to construct a 192 sq . ft. Addition and a 72 sq . ft. Mudroom to an existing home . Locus is legally non -conforming , request for a slight increase in the front yard non-conformity (from 22 . 9 ' to 19 . 8 ' ) . 4 ZBA Minutes 08- 14- 18 9/ 10/2018 10 : 00 AM N : \Planning\ZONING BOARD of APPEALSWINUTES\2018213A Minutes 08- 14- 18 . docxmam . docx APPROVED . docx Members hearing this application are ; Bruce MacGregor, John Nixon , Patricia Eggers , Jeanne Kampas and Arthur Stewart . Documents : • ZBA Application dated 7-5 - 18 • Project Narrative from Attorney Benjamin Zehnder dated 07/05/ 18 • Locus map • E - mail from Victor Staley dated 07/30/ 18 • Site Plan ( Philip Scholomiti /surveyor) dated 6/ 14/ 18 • Site Plan ( Philip Scholomiti /surveyor) dated 7/ 18/ 18 • Home design plan ( Ryder& Wilcox , dated 7/ 11 / 18 • Quitclaim Deed Attorney Benjamin Zehnder represented the applicant . Mr. Zehnder gave an overview of this application . • Altering a pre - existing nonconforming dwelling • 8 X 14 addition to the east side • Setbacks remain the same • Zoning Agents note refers to deck • Original site plan showed the deck • Owners statement ; deck was there when purchased 10 years ago Open to Public Input No one spoke to this issue MOTION by Patricia Eggers to Close to Public Input . Second by John Nixon . VOTE : 5-0-0 Board Discussion • Nice addition • All members felt all questions were answered with Attorney Zehnder' s " Project Narrative" • All in favor MOTION by Arthur Stewart to Approve Special Permit 18- 11 to extend non-conforming structure according to Plans and evidence given , Second by Patricia Eggers . VOTE : 5-0 - 0 BOARD REORGANIZATION MOTION by Arthur Stewart ; to nominate Brian Harrison as CHAIRMAN of ZBA • Second by Patricia Eggers . Mr . Harrison accepted the nomination . VOTE : 6-0-0 MOTION by Patricia Eggers to nominate Arthur Stewart as VICE CHAIR of ZBA . • Second by John Nixon . Mr. Stewart accepted this nomination . VOTE : 6-0 - 0 Discussion 1 : Letter from Victor Staley RE: Comprehensive Permit 15- 13 (Habitat for Humanity/Tubman Road) • Need to look at the Site Plan Map • Victors interpretation seems reasonable • Will CONTINUE this discussion to next meeting . 5 ZBA Minutes 08 - 14 - 18 9/ 10/2018 10 : 00 AM N : \Planning \ZONING BOARD of APPEALS\MINUTES\2018\ZBA Minutes 08 - 14- 18 . docxmam . docx APPROVED . docx Discussion 2: Review Bylaw changes and Additions • Introductory look at proposed Affordable Dwelling Unit Bylaw • Introduction by Jill Scalise ( Housing Coordinator) o Goal ; to address the needs in town for year round market rate rentals o Minimum 12 months o 20 units per year o Enforcement side to be an issue for Building and Health o Wednesday , Aug22 the Planning Board is holding " Listening Session " for public hearing and outreach . o There will be further Planning Board discussion session before final wording . • Special Event Bylaw o ZBA given a draft of this re-write . MOTION by Patricia Eggers to adjourn at 8 : 45 pm Second by John Nixon VOTE : & 0 -0 Respectfully submitted , Marilyn Mooers/Administrative Assistant 6 ZBA Minutes 0 & 14- 18 9/ 10/2018 10 : 00 AM N : \Planning\ZONING BOARD of APPEALSWINUTES\2018\ZBA Minutes 08- 14- 18 . docxmam . docx APPROVED . docx