HomeMy Public PortalAboutZoning Board of Appeals -- 2021-01-12 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS 4 , ;
MEETING MINUTES
Tuesday, January 1211, 2021 at 7PM -
Virtual Meeting
Brian Harrison , Chairman , convened the Brewster Zoning Board of Appeals via remote participation with members :
Bruce MacGregor, Jeff Carter, Patricia Eggers, and Jeannie Kampas . Absent : Art Stewart and Susan McShane . A quorum
was determined .
Also present : Benjamin Zehnder ( Attorney representing Applicant Pamela Lloyd - Baker) , Robert S . Tulloch ( Applicant ) ,
Stephanie J . Sequin , P . E . ( representing Applicant Wendy J . Makrides ) , 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 December 8, 2020 minutes
A motion was made by Jeannie Kampas to approve the December 8, 2020, meeting minutes, Pat Eggers
second the motion , a vote was taken : Brian , Bruce, Jeff, Pat and Jeannie approved the minutes unanimously .
• Application Review of #21 -01, Applicant : Pamela Lloyd - Baker 45 Warren' s Road , Representative : Attorney
Benjamin Zehnder .
Brian Harrison stated the Applicant is seeking a variance , pursuant to section 179-52 and 179 - 16 of the
Brewster Zoning bylaws from the minimum front yard setback requirement to construct a wood framed
one-car garage . Brian turned the meeting over to Ben Zehnder representing Pamela Lloyd - Baker . Ben
provided a brief overview of the property and stated they are requesting a variance to locate an accessory
structure 18ft from the front lot line where 30ft is required . He stated the RM district requirements and
referred to the plans included in the materials provided to the Board . He reviewed the plans with the Board
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indicating the location for the one -car garage as being the optimal option . Brian asked if there was any
public input, there being none, Pat made a motion to close to public input, Jeff Carter second the motion , a
vote was taken : Brian , Bruce , Jeff, Pat and Jeannie unanimously voted to close to public input . Jeff made a
motion to approve the variance request for Pamela Lloyd - Baker at 45 Warren ' s Road , Map 38, Lot 99 as j
submitted , Bruce second the motion , a roll call vote was taken : Brian , Jeannie, Pat, Bruce and Jeff, the vote
was unanimous to approve # 21-01 . Ben Zehnder to submit a proposed decision to the Board for review . I
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• Applications Review of #21-02, Applicant : AJ Revocable Trust, Robert S . Tulloch Trustee 32 Sara Ann Lane,
Representative Robert S . Tulloch .
Brian Harrison stated the Applicant is seeking a Dimensional Variance pursuant to section 179-52 of the
Brewster Zoning bylaws to maintain 3 sheds located within the side setback of the property . Bruce
MacGregor declined to participate in the case . Brian informed the Applicant there are only 4 Board
members participating and it would require a unanimous vote to prevail . The Applicant agreed to continue
with the case . Brian turned the meeting over to Robert Tulloch who provided his professional background
and an overview of the case . He indicated that moving the sheds would interfere with the access to the I
building . He asked the Board if they had any questions . Brian reviewed the requirements for a variance and
asked the Applicant if he could provide comment . He referred to the plans that were included with the
materials stating that the request is for minimal requirements . Brian asked how long the sheds had been at
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that location . The Applicant indicated that the sheds had been on the location since approximately 2005 .
Brian asked if the Applicant could provide proof that the sheds were in that location for 15 plus years due to
a statute of limitations within the Zoning Bylaws . Since the Applicant could not provide concrete proof the
Brian suggested the Board grant a continuance to provide the Applicant an opportunity to submit proof
possibly in the form of affidavits to the Board . The Board discussed the one public comment from an
abutter indicating they were in favor of the request . Pat made a motion to continue Application # 21 -02 until
the next meeting on February 9, 2021, Jeff second the motion, a roll call vote was taken : Brian , Jeff, Pat,
Jeannie , Jeff and Bruce, the vote was unanimous .
• Application Review of #21 -03 , Applicant : Sean M . Burke & Adam P . Burke , Angler' s Cartway ( aka 0 Holly venue
Rear), Continuance Requested for February 9th, 2021
Pat made a motion for Application 321-03 be granted a continuance until the next meeting on February 9,
2021, Jeannie second the motion a roll call vote was taken : Brian , Jeff, Jeannie, Pat and Bruce voted
unanimously the Application #21-03 be continued at the February 9th meeting .
• Application Review of #21-04, Applicant : Wendy Makrides, 38 Hillcrest Drive, Representative Stephanie J .
Sequin , P . E .
Brian Harrison stated the Applicant is seeking a special permit, pursuant to section 179 - 6 of the Brewster
Zoning bylaws, for alterations and renovations of a pre - existing non -conforming dwelling creating additional
habitable space and deck areas . Brian turned the meeting over to Stephanie Sequin representing Wendy
Makrides . Stephanie provided an overview of the request stating that the lot was created in 1955 . She
described the current structure indicating it was built in 1970 . She reviewed the proposed changes on the
plan provided to the Board . She stated that she obtained approval from the Conservation Commission,
there is no adverse impact to the neighborhood and it is minimal change to the footprint of the structure .
Brian asked if there was any public input, there being none , Pat made a motion to close to public input,
Jeanne second the motion a roll call vote was taken : Brian , Jeff, Bruce, Jeannie and Pat voted unanimously
to close to public input . Brian made a motion to grant the special permit as requested , Pat second the
motion , a roll call vote was taken : Brian, Pat, Jeff, Jeannie and Bruce voted unanimously to approve
Application #21-04 .
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• Matters Not Reasonably Anticipated by the Chair :
Ryan Bennett informed the Board that Susan McShane formally resigned .
Jean Kampas indicated she may have a conflict with ZBA case #21-06 .
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The next meeting of the Brewster Zoning Board of Appeals is scheduled for February 9th, 2021 .
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Pat made a motion to adjourn the meeting, Jeannie second the motion , a roll call vote was taken : Brian , Pat, Bruce,
Jeannie and Jeff voted unanimously . Vote : 5 -0-0 . Meeting adjourned at 8 : 03 pm .
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