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Home My Public Portal AboutZoning Board of Appeals -- 2019-08-13 Minutes \\\\\o\\\\\0'a'E°WS)l, 1q,, Brewster Zoning Board of Appeals Approved : 9 -10-19 F � �J�°��oYoEn��q ,� /�,� 2198 Main Street Vote : 6-0 -0 3 D " Brewster, MA 02631 - 1898 ° ( 508 ) 896 -3701 x1168 mmooersabrewster-maxiov , f BREWSTER ZONING BOARD of APPEALS MEETING MINUTES jai l . i;IS ia ' iCiu. ld a , i_ i'i; Tuesday, August 13 , 2019 at 7 : 00 pm Brewster Town Office Building Chair Brian Harrison convened the Zoning Board of Appeals meeting at 7 : 00 pm in the Brewster Town Offices witl the following members present ; Arthur Stewart , Bruce MacGregor, Patricia Eggers , Jeanne Kampas , Williar Hoag , and Susan McShane . Also Present : Donna Kalanick , Asst . Town Admin . The Chair read the Recording or Taping Notification : "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting . In addition , if anyone else intends to audio or video tape this meeting he or she is required to inform the chair. " To review past/present hearing : www. brewster-ma . aov/documents and archives/Ch . 18 video archives/recent videos/ ZBA 08- 13 - 19 1 . APPROVAL OF Minutes : March 26 , 2019 Motion : S . McShane Second : A . Stewart Vote : 711m0-0 Minutes : May14 , 2019 Motion : A . Stewart Second : S . McShane Vote : 7-0-0 Minutes : July 9 , 2019 Motion : W. Hoag Second : S . McShane Vote : 71lls0-0 2 . REORGANIZATION OF OFFICERS : This will be done at the end of the meeting 3 . CONTINUED APPLICATION : from July 9 , 2019 19 = 24 Paul Leland, 21 Henry's Road, MAP 101 Lot 81 in the RM zoning district. The applicant seeks a Variance under MGL 40A § 10 and BrewterZoning Bylaw 179 - 13a to determine if applicant can live on the property while having the fire damage home repaired . ( No members assigned previously) Members hearing this application , Bruce McGregor, Patricia Eggers, Jeanne Kampas, William Hoag and Susan McShane . Mr . Leland was present and gave brief overview : House fire occurred March 31 , 2018 Insurance had NO temporary housing allowance • Working with insurance and fire department to determine settlement Wanted to stay on the property (trailer/camper) Previous tenant had left the camper Basement was totally destroyed , First + Second floor had smoke damage • Finally have reached an insurance agreement and selected a builder • Just Mr. Leland living there . Board Questions o 4 steps for Variance approval , HARDSHIP is paramount ZBA MINUTES 8- 13- 19 8/29/2019 10: 18 AM Page 1 of 4 o Is the camper self-sufficient; with water, generator and sanitary facilities? NO portable toilet, use other local facilities (shower daily at gym ) • Mr. Leland stated , electric is OFF, water and Gas are OFF, house is NOT Habitable MOTION by William Hoag to Open to Public Input, second by Jeanne Kampas . o Mr. Donald McNichol , 139 Millstone Road Presented a photo taken May 1 , 2019 Issue with generator noise and rats attracted to the area Motion to Close to PI by Patricia Eggers, second by Susan McShane, VOTE 5-0-0 Board Discussion • NO written permission from Board of Health • Have you been to BOH ? No, but could do it • Board members DO NOT see this meeting all criteria for a Variance . • How long will the construction take? 4-5 months ( hopefully 2 -3 ) MOTION by Susan McShane to DENY this application for Variance based on presentation and discussion with Mr. Leland . Second by Patricia Eggers, VOTE : 5-0-0 4. CONTINUED APPLICATION : from May 14, 2019 , July 9 , 2019 19= 20 Madeleine M . Bickert ( represented by Attorney Peter S. Farber), 0 Brady Cartway, Map 74 Lot 89 in the RR zoning district. The applicant seeks An Appeal of the Zoning Agent Decision under MGL 40A § 8 and a5, or in the alternative a Variance under Brewster Zoning Bylaw 179, section 52 and Table 2 Area Regulation for a lot lacking frontage . ( Previously hearing this application was heard by : Brian Harrison , Arthur Stewart, Jeanne Kampas, William Hoag and Susan McShane . ) Attorney Peter Farber gave a RECAP of materials presented previously as well as what has been submitted since Continuance . Ms . Madeleine Bickert was also present . • Property just under an acre in size (vacant) • Confirmed as a buildable lot • Created prior to 1971 ( Brewster Bylaws) • NOT seeking a Variance as originally asked and advertised • Sub division control law enacted in 1943 • Frontage measurement satisfied prior to 1971 • New definition fir frontage " street frontage" • 3 court cases in Brewster; 2 case ( FD Lawrence Road ) building permit issues o Land court affirmed FD Lawrence Rd case • Status of Brady Cartway as a private way • 7 lots with houses • Right to access carried with ownership of lot • Not a private way Mr. John Fishman asked to read his document into Minutes • Chairman allowed this ZBA MINUTES 8A3- 19 8/29/2019 10: 18 AM Page 2 of 4 Board Questions • The question is to overrule the Zoning Agents Decision • Have the Fire Chief's concerns been addresses? • Mrs . Bricket made one comment; her son would like to buy it and built when ready . MOTION by Susan McShane to Open to Public Input, second by Patricia Eggers . NO ONE SPKOKE to this concern . Motion by Pat Eggers to CLOSE to Public Input, Second by Susan McShane , VOTE 5-0-0 . FURTHER DISCUSSION • Is this a private way or Cartway? I existed prior to current zoning , should be o A buildable lot . • Mr. Fishman has put a lot of work into this Issues of Victors letter 1 ) frontage , 2 ) right of easement, are to be used going forward . • Consider "' buyer beware " MOTION by Brian Harrison to overturn Zoning Agents Descions regarding sufficientfrontage if all aspects of Bylaw are correct . Second by Susan McShane . VOTE 4- 1 -0 Kampas YES Eggers YES McShane YES Harrison YES Stewart NO 5 . NEW APPLICATION 19 - 25 Nirmal Acharya and Jyotil KC ( represented by Attorney Thomas H . Souza ), Map 116 Lot 6 in the R-M zoning district . The applicant seeks a Amend Special Permit # 05- 23 under MGL 40A #9 and Brewster Zoning Bylaw 179 -51 to allow Legal pre-existing 2nd floor apartment from owner occupied to rental unit. Members hearing this application , Bruce McGregor, Patricia Eggers, Jeanne Kampas, Arthur Stewart and Susan McShane , Attorney Thomas Sousa represented this applicant and gave a brief review. Applicants were present . • This is a request to amend previous Special Permit 05-23 • This request is pending purchase agreement • Financing process needs clarity of " owner occupied " Board Discussion • There is limited parking • Will this be long term rental ? YES , only long term lease . • Pretty straight forward MOTION by Susan McShane to Open to Public Input, second by Patricia Eggers , Diane Romme, 100 Proprietors Cartway ZBA MINUTES 8A3-19 8/29/2019 10 : 18 AM Page 3 of 4 This is an improvement to the business Hard working individuals Motion by Pat Eggers to CLOSE to Public Input, Second by Susan McShane . VOTE 5- O- 0 . MOTION by Bruce MacGregor to amend Special Permit 05-23 with the following conditions, o SINGLE HOUSEHOLD RENTAL o Year- round rental ; ( no subletting ) o Special Permit runs with the owner (ZBA review if changed ) Second by Jeanne Kampas . VOTE 5- 0-0 6 . NOTICE OF PROJECT CHANGE 17- 21 Brewster Woods, ( represented by Attorney Peter L. Freeman ), Map 56 Lot 75, 141 Brewster Road, The Applicant is requesting the Board approve modifications to the plans previously approved by the Comprehensive Permit # 2017-21 (40 B) . Members hearing this application , Patricia Eggers, Jeanne Kampas, Arthur Stewart, William Hoag and Susan McShane . Attorney Peter Freeman represented POAH • Construction prices have gone sky high • Thus substantial changed have been made to the project • 75 ' buffer Building height slight difference Removal of E side retaining wall MOTION by Arthur Stewart to accept these project changes as insubstantial . Second by Patricia Eggers, VOTE : 5-0-0 J REORGANIZATION for FY 20 • Brian Harrison nominated and accepted position of ZBA CHAIRMAN , VOTE : 5 - M • Arthur Stewart nominated and accepted position of ZBA VICE -CHAIRMAN , VOTE : 5 -M MOTION by Patricia Eggers , Second by Bill Hoag to adjourn at 9 : OOPM ALL voted : AYE Respectfully submitted, Marilyn Mooers /Administrative Assistant ZBA MINUTES 8-13-19 8/29/2019 10: 18 AM Page 4 of 4