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Home My Public Portal AboutZoning Board of Appeals -- 2020-12-08 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, December 8th, 2020 at 7PM LE T ! 11 : Virtual Meeting Brian Harrison , Chairman , convened the Brewster Zoning Board of Appeals via remote participation with members : Arthur Stewart, Jeff Carter, Patricia Eggers, and Jeannie Kampas . Absent : Bruce MacGregor and Susan McShane . A quorum was determined . Also present : Alison Alessi (A3 Architects, Inc . representing Applicant ) , Edward Galonek ( Applicant/Owner), Benjamin Zehnder (Attorney representing Applicant ), Robert S . Tulloch (Applicant ), Ryan Bennett (Town Planner) and Ellen Murphy ( Department Assistant ) . The Chair read the Recording or Taping Notification : This meeting will be conducted by remote participation pursuant to Governor Baker' s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings . No in - person meeting attendance will be permitted . If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible . The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting . To submit public comment or questions to the Zoning Board of Appeals, please email : zbameeting@brewster- ma .gov . • Review and Approval of November 10, 2020 minutes The November 10, 2020, meeting minutes were approved unanimously . • Application Review of #20- 16, Applicant : 30 Swift Lane LLC, c/o Edward Galonek, Representative : Alison Alessi . Brian Harrison stated the Applicant is seeking a Special Permit, pursuant to section 179 - 25B and 179- 6 of the Brewster Zoning bylaws to lift existing historic cottage and pour new foundation constructing 26' . 0 x 38' . 0 addition to the west on property located at 30 Swift Lane in the Residential Medium ( RM ) zoning district . He then introduced Alison Alessi from A3Architects, Inc . who is representing the Applicant . Alison provided a brief history of the property . She outlined the proposed plans to extend the foundation . Alison indicated that they have approval from the OKH and the proposed addition will reflect the design of the existing cottage . She also stated the Conservation Committee has approved . She referred to the updated plans that show the cottage moved slightly back ( 8' ) from the coastal bank . This brings the structure back 27 . 5' as opposed to 19' from the coastal bank . The structure with the new addition is located outside the 50' j setback to the coastal bank and is completely conforming . Alison requested the Committee approve the request . Brian Harrison suggested the OKH be updated with the latest plans . Alison agreed . It was confirmed that the Board had the most up to date plans . Brian opened the discussion to the Board . The Board discussed and suggested they move forward contingent on final approval from the OKH . Brian asked j if there was any public input, there being none, a unanimous vote was taken to close to public input . A roll i call was taken and the vote was unanimous to approve #20- 16 . i • Applications Review of #2047, Applicant : Robert S . Tulloch and J . Bruce MacGregor, Representative Benjamin E . Zehnder . Brian Harrison stated the Applicants are seeking an appeal from the Building Commissioner' s October 6, 2020 determination that earthen material storage and process in not a legally pre -existing uses in the alternative , applicants seek a one -time variance from the Table of Use Regulations to allow grinding of an existing concrete material pile located at 0 Commercial street in Commercial High Density ( C- H ) zoning district . Brian turned the meeting over to Ben Zehnder representing Bob Tulloch who was also present . Ben provided a brief overview of the property and stated they possessed an affidavit from Paul Daley who was familiar with the history of the property . He highlighted the history of uses of the property and timeline . He indicated that presently there are two piles of materials, ( excavated soil and concrete ) that need to be Page 1 of 2 j j I i i s addressed . He stated this site has a history of use and hopes the Board will overturn the Building Commissioner' s determination , if not, then this being an unusual situation, the Board will grant a one -time variance to allow excavating of soil materials and grinding of existing concrete material and on the premises . Ben Zehnder went on to say that removal of these materials prior to processing would not only be a hardship to Robert Tulloch and his business but a detriment to the Town of Brewster by transporting these materials across town to another site for processing . He stated that the site would be restored back to the appropriate use once the materials were processed . The Board discussed the Building Commissioner' s determination that processing materials in is not permitted in a C- H Zone . Ben Zehnder stated that is the reason he is requesting the Board grant a one -time variance to allow time required to process the materials, and not to allow additional materials be brought on to the site . The Board discussed how long it would take to process the existing materials and the noise level . Ben stated that they anticipate the grinding of the concrete materials would take approximately 4 days, the soil materials would take weeks to complete due to the size of the pile . The alternative would be to haul the soil materials to another site, which would be a significant cost to the Applicants . Brian Harrison asked it the Health Department had been consulted . Ben replied that he did not speak with the Health Department but did see the comments and was hoping that the Board grant the one -time variance with the condition the Health Department approve the method used to process the materials . Art Stewart asked about the Conservation Committee approval and Ben stated they will be going to the Conservation Committee for approval . Ryan Bennett reminded the Applicants that any site plan must go through the Planning Board approval process and any special variance must demonstrate a hardship . She invited the Board to have a discussion on the hardship in this case . Brian Harrison stated there were 23 public comments received . Only 8 of the 23 for granting a one -time variance , the remaining opposing the request . There being no additional public comment, the discussion was closed . The Board approached the decision in two parts . They discussed and voted unanimously to uphold the Building Commissioner' s decision . The request for the one -time variance was discussed and it was decided unanimously to continue the request for 60 days in order for the applicant to develop a plan that would include timelines and measures, submit a request to the Conservation Committee and the Planning Board . Application #2047 will be continued at the February 9th meeting . • Matters Not Reasonably Anticipated by the Chair : Nothing to report . i The next meeting of the Brewster Zoning Board of Appeals is scheduled for January 12th, 2021 . A motion was made to adjourn the meeting . Vote : 5 -0-0 . Meeting adjourned at 8 : 00 pm . i i i I i i I I I I i I a Page 2 of 2 I