The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2021-04-13 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS _ MEETING MINUTES _ Tuesday, April 1311, 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 : Peter Freeman, Attorney Mike Ford , Attorney Benjamin Zehnder, Attorney Andrew Singer, Saumil Patel, Rick Ross, Joshua Schiff, Mary Beth Daniel , Gary Thulander, Terry Walsh , Susan Belinski, Mary DeBartolo, 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 March 9 , 2021 minutes A motion was made by Art Stewart to approve the March 9, 2021, meeting minutes, Pat Eggers second the motion , a vote was taken : Brian , Bruce, Jeff, Pat, Art and Jeannie approved the minutes unanimously . • Review and Approval of # 17 - 21 Brewster woods Preservation Associates Limited Partnership Comprehensive Permit ( 40B ) . Brian informed the Board this is a request for an extension . He asked the Board if they had a chance to review and if they had any questions . Peter Freeman informed the Board that work on the site has begun , they are on track for a May closing and the request for extension is to satisfy the lenders . A motion was made by Art to approve the extension, Pat second the motion , a vote was taken by all members of the Board and approved unanimously . Continued Applications : • Application Review of #21-05 , Applicant : Byfield Cartway LLC . ( Represented by Attorney Andrew Singer) Members present and voting : Brian Harrison, Art Stewart, Jean Kampas, Patricia Eggers, and Bruce MacGregor. j Attorney Andrew Singer representing the case addressed the Board referring to the April 6th submission that was included in the Board meeting packet . Attorney Singer provided background on the property informing the Board that the Applicant has owned the property for six decades . He referred to the revised plan { moving one of the cottages and building a new house which would conform to the zoning bylaws and with keeping alive the character of the neighborhood . He indicated that the proposed work has been reviewed and approved by the Brewster Conservation Commission and the Brewster Old King' s Highway Committee has approved both relocation of the cottage and the design of the proposed primary dwelling , Pat Eggers made a motion to approve case #2145, Bruce MacGregor second the motion . The Board voted and approved # 21 -05 unanimously . Attorney Singer will draft the decision . { New Applications : • Application Review of #21-06, Applicant : 2851 Main Street Holdings LLC ( Represented by Ford & Ford Attorneys at Law) Members present and voting : Brian Harrison, Art Stewart, Bruce MacGregor, Patricia Eggers, and Jeff 1 Carter . Brian Harrison stated case # 21 -06 requested a withdrawal without prejudice . Attorney Mike Ford , representing the applicant stated that he was present if there were any questions regarding the request . Art made a motion to grant the request and Pat second the motion . A vote was taken and the Board unanimously approved the request . Page 1 of 3 i I 1 • Application Review of #21- 12, Applicant : Saumil Patel , 2771 Main Street . Members present and voting : Brian Harrison, Arthur Stewart, Pat Eggers, Jean Kampas, Jeff Carter . The applicant provided background to the Board . He stated that the second floor addition would improve the esthetics of the building . No additional footprint will be added to the building . The second floor will be used as storage . Brian asked the Board if there were any questions . It was confirmed Brewster Old King' s Highway Committee has approved to addition . There being no additional questions the Board opened up to public input, Pat made a motion to open to public input and Jeff second the motion, the vote was unanimous . There being no public input, the Board voted to close to public input . Jeff made a motion to grant the Special Permit for the fagade renovation shown on the plans provided , it was second by Pat, a vote was taken and approved unanimously by the Board . • Application Review of #21-09 , Applicant : Janet L . Ross & Rick Ross, 31 Robbins Hill Rd . Members present and voting : Bruce MacGregor, Art Stewart, Jean Kampas, Patricia Eggers, and Jeff Carter . Rick Ross addressed the Board providing background on the application . He indicated that it was determined to be pre -existing non - conforming because the existing side yard setback is 19' 3 " from the sunroom and deck where a 20' setback is required . He stated that the septic had been replace in 2014 and they have obtained the approval of the Health Department and Brewster Old King' s Highway Committee . He referred to the plans of the reconstruction of the sunroom on the existing footprint and within the legal nonconforming footprint . He also indicated the proposed work is within the character of the neighborhood . Jeff made a motion to open up to public input, Pat second the motion . The Board unanimously voted to open to public input, there being none Jeff made a motion to close to public input and Pat second the motion . The Board voted unanimously to close to public input . Jeff made a motion to grant the Special Permit as requested , Bruce second the motion , a vote was taken and approved unanimously . • Application Review of #21 - 10 Applicant : Joshua Schiff, 3038 Main Street . Members present and voting : Brian Harrison , Art Stewart, Jean Kampas, Patricia Eggers, and Jeff Carter . Brian Harrison addressed the Board stating ZBA Case 21- 10 was originally heard at the March 91h meeting and continued until the April 13th meeting in order to allow additional time for the applicants and neighbors to work out an agreement . Brian then turned the meeting over to Andrew Singer representing Chatham Bars Inn Farm . Andrew stated the applicant met with the opposing neighbor and came to a satisfactory compromise . He referred to the recent submission provided to the Board reviewing the changes . He indicated that in the past there were two areas used for special events . The upper area which was closest to the neighbor' s property line will now be used as agricultural and they will expand the other area for events . Special events will be from May to November and music will be turned off by 9 : 00 pm . The Board discussed the changes . Brian asked Ben Zehnder, who is representing Fran Schofield and Paul Berry the i opposing neighbors, to speak . Ben addressed the Board stating that they met with Josh Schiff, Gary Thulander and their attorney Andrew Singer . The meeting was very positive and resulted in the proposed changes . Josh Schiff stated that they are working closely with the Brewster Building Commissioner to provide a formula resulting in event use not accounting for more than 45 % of the annual Farm revenues . I The Board discussed the request and the positive impact it has made for the town . The Board voted unanimously to open the discussion to public input . Terry Walsh and Susan Belinski, abutters to the west of the property expressed their overall support of the request but had some concerns regarding the increased number of events, hoop houses in the upper area and the noise level . Attorney Singer responded to the concerns stating the applicant would not increase the number of events in the future and music will not go past 9 : 00 pm . He also stated the event website would be updated . Josh Schiff confirmed that hoop houses for agricultural use will not be located in the upper area closest to the abutters . Mary DeBartolo , representing Slow Food Cape Cod , read a letter in support of the applicant . Mary Beth Daniel expressed her support of the applicant and the Farm to Table dinners . There being no additional public comments Pat made a motion to close to public comment and Jeff second the motion . A unanimous vote was taken by the Board . The Board briefly discussed the value and positive impact of the request . Bruce made a motion to Page 2 of 3 grant the request, Pat Eggers second the motion , and Brian read the Town ' s Covid special event statement . A unanimous vote was taken and 2140 was granted . Attorney Singer will draft the decision . • Matters Not Reasonably Anticipated by the Chair : Nothing additional to discuss The next meeting of the Brewster Zoning Board of Appeals is scheduled for May 111h, 2021 . Pat made a motion to adjourn the meeting, Bruce second the motion, the vote was taken and the Board unanimously voted to adjourn . Vote : 6-0-0 . Meeting adjourned at 6 : 38 pm . i I i a 1 i I f i i I f { { 1 a I I i i I i Page 3 of 3 i 1 I