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Home My Public Portal AboutZoning Board of Appeals -- 2021-02-09 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, February 9th, 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, Art Stewart . A quorum was determined . Also present : Marion S . Rose ( Attorney representing Applicant Byfield Cartway LLC ) , Bruce and Rena Caldwell , Chris Childs, John O' Reilly, 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 January 12 , 2021 minutes A motion was made by Pat Eggers to approve the January 12 , 2021, meeting minutes, Bruce MacGregor second the motion, a vote was taken : Brian , Bruce , Jeff, Pat and Jeannie approved the minutes unanimously . • Application Review of # 15 -31, Applicant : HOA Paul Hush Way Comprehensive Permit (40B ), Compliance . Brian Harrison asked Ryan Bennett to explain to the Board the request . She stated this request is a housekeeping item . Habitat is looking to close out the permit and they are coordinating with the Building Commissioner any outstanding items ensuring they are compliant in the comprehensive permit . They are looking to confirm the HOA documents and the covenant have been approved by Legal counsel . Ryan indicated that the documents went to counsel in December and were approved . She is asking the Board to recognize approval by counsel so the Building Commissioner can close out the permit . Brian stated that only 2 Board members are present who originally reviewed the case in 2015 and asked if it mattered . Ryan indicated that it was not necessary that all current Board members can vote . Brian asked if there were any questions, there being none, a motion was made to approve by Pat Eggers, Jeanne Kampas second the motion , and the request was approved unanimously . i • Application Review of #2047, Applicant : Robert S . Tulloch and J . Bruce MacGregor ( Represented by Attorney Benjamin Zehnder) Brian Harrison stated the Applicants are seeking a continuance until the March 9th meeting . Pat made a motion for Application #20- 17 be granted a continuance until the next meeting on March 9th, and Jeanne second the motion . A vote was taken , Bruce MacGregor abstained , the remaining Board members approved the continuance until March 9th meeting . i i • 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 Brian Harrison stated the Applicants are seeking a continuance until the March 9th meeting . Pat made a motion for Application #21-03 be granted a continuance until the next meeting on March 9, 2021, Jeff second the motion . A vote was taken and the Board voted unanimously for Application # 21 -03 be continued i at the March 9th meeting . • Application Review of #21-02 , Applicant : J &J Revocable Trust, Robert S . Tulloch Trustee 32 Sara Ann Lane , ( Represented by Robert S . Tulloch ) . Page 1 of 2 t 1 1 i Brian Harrison stated case #21 -02 was continued from last month and the applicant was asked to submit documents to prove the statute of limitations that the sheds were on his property more than 10 years . He directed the Board to the materials provided in the meeting packet . He asked the Board if the supported documentation submitted met the statute of limitations . The Board approved by a role call vote, 5 members approved , Bruce MacGregor abstained , that there was sufficient evidence to prove the statute of limitations subject to the applicant withdrawing the request for variance . • Application Review of #21 -05, Applicant : Byfield Cartway LLC ( Represented by Attorney Marian S . Rose ) Brian Harrison stated that there was no comments from the Building department on 21-05 and was questioning if a variance was necessary . Marian Rose indicated that pre - Covid , her law firm and the engineer John O' Rielly spoke to the Building Commissioner and the Town Planner and the Building Commissioner determined that they request a special permit . Marian Rose introduced the case and provided the Board with some background . She indicated also included on the call were Bruce and Rena Caldwell ( owners ) , Chris Childs ( Builder) and John O' Reilly ( engineer) . Marian referred the Board to the photos that were included in the packet . She indicated that the 3 cottages that are presently on the land are modest in size between 600 and 900 sq . ft . and have been on the lot since the 1900' s . The owners have owned the property since the 1960' s and have had renters for 4 generations . She indicated that the owners would like to construct a new primary dwelling, conforming to setback, coverage and height and relocate the western most cottage to a conforming location on the eastern side of the property . She proposed that this will not be detrimental to the existing neighborhood . She highlighted a letter of support from an abutting neighbor and indicated she is not aware of any opposition . She referred to the Department comments that were submitted and indicated that she is happy to work with any of the departments to address their concerns . She also stated that John O' Reilly has contacted the fire department and is currently attending the Conservation Committee meeting for approval as we speak . She understands that if the Board votes for approval it should be conditioned on the Board of Health, Conservation , Historic and Fire Department . The Ryan suggested the Board has the option of withholding the vote and continuing the case until other Boards and Committees complete their review or make your review conditional on the approval of the other Boards and Committees . Brian asked if there was anyone for the public attending that would like to comment . John O ' Reilly indicated that he did get approval from the Conservation Committee . Brian asked the Board to close to public input, Pat made a motion to close to public input, Art second the motion . It was voted unanimously to close to public input . The Board discussed the request further . Ryan indicated that due to the heavy case load for the March 9th meeting this case would likely be heard at the April 13' meeting . Pat made a motion for Application 21 -05 be granted a continuance until the next meeting on March 9 , 2021, understanding that the case may be moved to the April 13th meeting due to the case load for the March 9, 2021 meeting . Bruce second the motion . A vote was taken and the Board voted unanimously for Application #21-05 be continued at the March 9` meeting . I • Application Review of #21-06, Applicant : 2851 Main Street Holdings, LLC ( Represented by Ford & Ford Attorneys at Law) Brian Harrison stated the Applicants are seeking a continuance until the March 9th meeting . Pat made a 1 motion for Application 21 -06 be granted a continuance until the next meeting on March 9, 2021, Bruce second the motion . A vote was taken, Jeanne Kampas abstained , the remaining Board members approved the continuance until March 9th meeting . • Matters Not Reasonably Anticipated by the Chair : J Nothing additional to discuss The next meeting of the Brewster Zoning Board of Appeals is scheduled for March 9th, 2021 . Pat made a motion to adjourn the meeting, Jeannie second the motion, a roll call vote was taken : Brian, Pat, Bruce , Jeannie, Art and Jeff voted unanimously . Vote : 6 -0-0 . Meeting adjourned at 8 : 01 pm . I Page 2 of 2 j I I l