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Home My Public Portal AboutZoning Board of Appeals -- 2021-03-09 Minutes I TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, March 91h, 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 : Benjamin Zehnder ( Attorney representing cases # 19 -37, #20- 17, #21-07 ) Sean Burke (Applicant #21 -03 ) , Andrew Singer (Attorney representing case #21 -03 ), Marion S . Rose ( Attorney representing cases # 21-05 , 2141 ), Sally Gunning ( President of the Brewster Historical Society, Inc . ), 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 February 9 , 2021 minutes A motion was made by Art Stewart to approve the February 9 , 2021, meeting minutes, Jeff Carter second the motion, a vote was taken : Brian, Bruce, Jeff, Pat and Jeannie approved the minutes unanimously . • Application Review of # 19 -37, Applicant : 19 Muskrat Lane, I. I.C . ( Represented by Attorney Benjamin Zehnder), Continuance Requested for May 11, 2021s Brian Harrison stated the Applicants are seeking a continuance until the May 11th meeting . He indicated that a waiver was submitted . Art made a motion for Application # 19 -37 be granted a continuance until the meeting on May 11th, and Jeff second the motion . A vote was taken, the Board unanimously approved the continuance until May 111h meeting . i • Application Review of #2047, Applicant : Robert S . Tulloch and J . Bruce MacGregor ( Represented by Attorney Benjamin Zehnder) Members present and voting : Brian Harrison , Art Stewart, Jean Kampas, Patricia Eggers, and r Jeff Carter . Brian Harrison stated case # 20- 17 was continued from the December 81h meeting and that the applicant seeks a one-time variance to process existing concrete and screen loam located on the site . He then turned the meeting over to Attorney Ben Zehnder representing the applicants . Attorney Zehnder presented the request stating that the existing concrete and loam piles have been on the premises for many years . He indicated that the materials need to be processed on site . He suggested by processing the materials on site it would reduce the impact of hauling the materials across town for offsite processing and then hauling materials back to the site for storage . He stated that this method would create a significant hardship for the applicant . Attorney Zehnder provided the Board with a copy of the Conservation Commission ' s approval of site improvements and a proposed timeline and protocol for the processing of the materials . Attorney Zehnder reviewed the timeline and indicated it would take approximately 7 days to complete the processing of the existing concrete and 3 -4 years to complete the screening of the loam . The Board discussed the timeline and protocol for processing the materials . They suggested processing only taken place during business hours ( M - F, 9 -5 ) , excluding holidays and completed by May 15, 2021, with measures in place for dust control . Screening of loam should not exceed three years but the applicant may apply for an extension if necessary and they continue to operate within the Brewster Zoning Bylaws . Brian asked the Board if they agreed to a temporary variance with limited time and scope . Art made a motion and Pat second the motion i Page 1 of 4 i i a vote was taken, Bruce MacGregor abstained, and the remaining Board members unanimously approved case # 20- 17 . Attorney Zehnder will draft the decision with conditions . • Application Review of #21 -03 , Applicant : Sean M . Burke & Adam P . Burke, Angler' s Cartway ( aka 0 Holly avenue Rear ) , ( Represented by Attorney Andrew L . Singer) Members present and voting : Brian Harrison , Arthur Stewart, Bruce MacGregor, Jean Kampas, Jeff Carter . Attorney Andrew Singer introduced himself and addressed the Board by providing the Board with background on the property . He stated the property has been in the applicant' s family for 42 years . He brought the attention of the Board to the materials submitted which included a plot plan, a statement of reasoning and a court case and highlighted the way shown on the plan is labeled as "way to Route 6A which is now known as Angler' s Cartway. He also indicated that Angler' s Cartway currently has two residential parcels . He indicated that neither terms existed when the lot was created in November 1967 . He informed the Board that the property lot is either conforming or pre -existing non - conforming because it was determined to be conforming in 1971 . He referred to a recent letter from the Building Commissioner and acting as Zoning Enforcement Officer, where it was stated the lot has sufficient area , but questioned the lot frontage, therefore the Building Commissioner determined the lot was not buildable, which is the basis for the appeal . Attorney Singer referenced the Brewster Clark court case of 1994, which is a very similar issue . The Clark court held that the Clark lot was grandfathered from the Zoning by- law and therefore a buildable lot . Attorney Singer stated that in this case the lot is also grandfathered from the Zoning by- laws and considered a buildable lot . The Board discussed the public input received and the discussion from Attorney Singer , The Board concluded that the lot is a pre -existing non - conforming lot and determined that it is buildable . Jeanne Kampas made a motion to grant the appeal of the determination of the Building Commissioner that the lot was not buildable , Bruce MacGregor second the motion . A vote was taken and the Board approved unanimously . Attorney Singer will draft the decision . • Application Review of #21-06, Applicant : 2851 Main Street Holdings LLC, ( Represented by Ford & Ford Attorneys at Law ) , Continuance Requested for April 13, 2021 . Brian Harrison stated the Applicants are seeking a continuance until the April 131h meeting . Art made a motion for Application # 20-06 be granted a continuance until the next meeting on April 13th, and Pat second the motion . A vote was taken , Jeanne Kampas abstained, the remaining Board members approved the continuance until April 13th meeting . • Application Review of #21-05 , Applicant : Byfield Cartway LLC ( Represented by Attorney Marian S . Rose ) i Brian Harrison stated the Applicants are seeking a continuance until the April 131h meeting . Art made a motion for Application # 20-05 be granted a continuance until the next meeting on April 13th, and Pat second the motion . A vote was taken , the Board unanimously approved the continuance until April 13th meeting . • Application Review of #21 -07, Applicant : Dale Ba ngma , ( Represented by Attorney Benjamin E . Zehnder) Brian Harrison turned the meeting over to Attorney Ben Zehnder who is representing the applicants . Attorney Zehnder requested the Board allow the applicant to withdraw the application without prejudice . Jeanne made a motion to withdraw the application without prejudice, Pat second the motion . A vote was taken, the Board unanimously approved to withdraw the application without prejudice . i • Application Review of #21 -08, Applicant : Brewster Historical Society, Inc . ( Represented by Sally Gunning) Sally Gunning introduced herself and provided an overview of the application . She informed the Board that the applicant would like to hold a farmer' s market on 13 dates, starting June 23rd thru September 8t' on Wednesday from 3pm to 6 pm . She indicated they reserved dates in case of inclement weather up to the Harvest Market on October 10th but only a total of 13 markets would be held . Brian read language provided by Town Council related to the Covid 19 State of Emergency . Brian opened for questions from the Board, there being none he asked for a motion to accept public input, Art made a motion to open to public input, Page 2 of 4 i 1 a a 1 Pat second the motion, all approved . Ryan Bennett informed the Board there was not public input . Pat made a motion to close to public input, Art second the motion a vote was taken and the Board approved unanimously . Art made a motion to approve application 21-08 for 13 farmer' s markets as presented , Jeff second the motion, a vote was taken and approved unanimously by the Board . • Application Review of #21-09 , Applicant : Janet L . Ross & Rick Ross ( Represented by Rick Ross ) Brian Harrison stated the Applicants request but after 3 attempts the applicants were unable to appear due to technical difficulties . Given that Brian suggested case # 21-09 be continued until the next meeting on April 13th . Pat made a motion to continue #21 -09, Jeff second the motion . A vote was taken and approved unanimously by the Board . Ryan Bennett will follow up with the applicant to ensure connectivity at the next meeting . • Application Review of #21- 10, Applicant : Joshua Schiff Brian Harrison introduced Josh Schiff from The Chatham Bars Inn Farm ( The Farm ) . Also present was Gary Thulander and Anthony Cole from The Chatham Bars Inn Farm . Gary Thulander and Josh Schiff provided an overview of the application and background . They informed the Board that The Farm has successfully operated for the past seven years and has held events for the past two years . He indicated that they were increasing the number of events requested from May through November to make up for the events lost in the previous year due to Covid 19 and the increasing demand for outside venues due to Covid 19 . They presented The Farm as a unique opportunity to provide farm to table public and private events . The Board discussed ticketing events for the public and accessible restroom facilities . There being no more discussion , Pat made a motion to open to public input and Jeff second the motion . A vote was unanimously approved to open to public input . Fran Schofield and Paul Berry as abutters read a letter to the Board in opposition to the application stating noise and increased number of events . Gary Thulander indicated that the average number of guests at The Farm dinners was between 30 and 50 but the majority of the dinners are small and they follow the regulations of the town . He also indicated that they have never had any complaints from neighbors in the past for any of their events . Hal Levine an abutter spoke on behalf of the applicant stating he has not experienced any disturbances in the past years . Gary Thulander suggested some improvements to the location of the dinners that would reduce any noise . The Board suggested a continuance in order to work with the abutter who has opposed the application . The applicant agreed to working with the opposed abutter on possible concessions . Pat made a motion to continue application 21-10 to the April 13th meeting, Bruce second the motion , a vote was taken and the Board unanimously approve . i • Application Review of #21- 11, Applicant : Thomas R . Meyer and Susan E . Meyer ( Represented by Attorney Marian Rose ) Members present and voting : Arthur Stewart, Patricia Eggers, Jean Kampas, Bruce MacGregor, and Jeff Carter . Marian Rose provided an overview of the Applicant' s request . She referred to the plans and pictures provided in the meeting packet and stated that project has been approved by the Conservation Committee as written in the Department Comments . Brian asked for a motion to open to public input, Pat made the motion and Jean second the motion , all approved . There being no additional public input, Pat made a motion to close to public input, Art second it, all approved to close to public input . Brian asked the Board how they would like to proceed , the Board indicated the applicants met the requirement for special permit . A motion was made to grant a special permit for Application 2141 by Jeff and Pat second the motion , a vote was taken and the Board approved unanimously to grant a special permit. Marian Rose will draft the decision . Pj • Application Review of #21- 12, Applicant : Saumil Patel Brian Harrison stated the Applicant is seeking a continuance until the April 13th meeting . Pat made a motion for Application 21 - 12 be granted a continuance until the next meeting on April 13th, 2021, Bruce second the motion . A vote was taken , the Board members unanimously approved the continuance until April 131h meeting . i Page 3 of 4 j i 3 I • Matters Not Reasonably Anticipated by the Chair : Nothing additional to discuss The next meeting of the Brewster Zoning Board of Appeals is scheduled for April 13th, 2021 . Pat made a motion to adjourn the meeting, Art second the motion, the vote was taken and the Board unanimously voted to adjourn . Vote : 6 -0-0 . Meeting adjourned at 9 :46 pm . i i i a i i 1 E 1I 7 i 77 3 i 3 0 i i i Page 4 of 4 j 1 s i j i