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Home My Public Portal AboutZoning Board of Appeals -- 2021-05-11 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES - Tuesday, May 11th, 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 : Applicants : Michael Hagan, David Little representing Joshua and Sara Brunelle, John Deanna Button , 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 : zbameetinR@brewster-ma .gov . • Review and Approval of April 13th meeting minutes A motion was made by Art Stewart to approve the April 13 , 2021, meeting minutes, Pat Eggers second the motion , a vote was taken : Brian , Jeff, Pat, Art and Jeannie approved the minutes unanimously . Brian informed the Board that the election of officers will be on the June 8th agenda . Continued Applications : • Application Review of # 19 - 37, Applicant : 19 Muskrat Lane LLC . ( Represented by Attorney Andrew Singer) Members present and voting : Brian Harrison, Art Stewart, Jean Kampas, Patricia Eggers, and Jeff Carter. A request for continuance for case # 19-37 until the July 13th meeting was read by the Chair . Jeannie Kampas suggested the applicant be responsible for re - notifying the abutters since this case is over two years old . Brian made a motion to grant the continuance until the July 13th meeting with two conditions, the applicant, at their own expense, will re - notify the abutters using the same method as before and not to schedule until Conservation Committee approves . The Board voted to grant a continuance with the conditions until July 3 13th unanimously . New Applications : a • Application Review of #2143 , Applicant : Michael J . Hagan , 71 Weathervanes Way . Members present and voting : Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Jeff Carter . 3 The applicant provided background of the property to the Board . He brought to the attention of the Board the layout of the land surrounding the dwelling, the sloping and elevation areas specifically . He stated that to accommodate a family of five and extended family the garage was converted into a bedroom and 1 therefore they lost a significant amount of storage space . The applicant is proposing to construct a 14x20 foot shed at the end of the driveway . He indicated that they exhaustedly worked with the landscaper and i this location was the only option due to the limited space surrounding the dwelling . The applicant is requesting an 11400t setback vs . the required 20400t setback . He informed the Board that the abutters support the request and design of the project . Art asked if the applicant considered a smaller shed that would satisfy the 20400t setback . The applicant informed the Board that to accommodate a family of 5 the size of the shed is a better option . Bruce suggested a design where the shed abuts the outdoor shower . The applicant informed the Board that due to the elevation ( 7 ft drop ) it would not be an option . The Board 3 continued to discuss options for the position and design of the shed . The Board suggested a continuance with re- design of the proposed location and possibly reconsider a smaller shed . Pat made a motion to grant I the applicant a continuance until the June 8th meeting, Jeanne second the motion . A vote was taken and the { Board unanimously approved the request . { Page 1 of 2 1 j i • Application Review of #21- 14, Applicant : Joshua and Sara Brunelle, 169 Fiddler' s Lane, ( represented by David Lyttle . Members present and voting : Brian Harrison , Pat Eggers, Jean Kampas, Jeff Carter and Bruce MacGregor. Mr. Lyttle representing the applicants provided background to the Board . He stated that renovations were performed without permits and to right the property changes he suggested that the applicants go before the Conservation Committee and the Old King' s Highway Committee to request approval and then return to the Board . Bruce asked why the applicants are requesting a special permit and not a variance . Mr . Lyttle responded the applicant removed an existing porch over a brick patio and is replacing it with a porch over a wooden deck . There is an intensification of the setback from the cul-de -sac and his understanding is you can intensify a pre-existing non -conformity with a special permit . Mr . Lyttle informed the Board that when he returns, he will explain in greater detail if necessary . Brian made a motion to grant a continuance until the June 81h meeting, Pat second the motion , a vote was taken and approved unanimously by the Board . • Application Review of #2145 , Applicant : John and Deanna Button , 70 Hinkley Road . Members present and voting : Brian Harrison, Art Stewart, Jean Kampas, Patricia Eggers, and Jeff Carter . John Button addressed the Board providing background on the application . The applicants currently have an 8x10 shed . They originally intended to build a one - car garage but felt that it did not work for the lot so they are requesting to replace the 8x10 shed with a 12x12 shed . Originally the application was for a 12x14 shed but they revised the size to better accommodate the area and not cause any infringement . The current 8x10 shed is 8 . 5 ft from the back fence line and 10 ft from the side and non - conforming . The applicant is requesting that the back setback remain, and they will move the new shed 4 ft forward towards the driveway . The applicants referred to the letters of support by the abutting neighbors . The Board discussed the back and side setbacks with the new 12x12 shed . The applicants are reducing the size of the shed and moving the shed closer to the house . The Board stepped through the variance criteria . Jeanne suggested the decision include the condition that the shed was reduced to 12x12 . Art made a motion to grant #21- 15 to replace the current 8x10ft shed with a 12x12 ft shed and maintain the current rear setback and move the shed location a foot closer to the house which requires a 10ft set back to the west to a 9 ft setback . Pat second the motion . The Board voted unanimously to grant the request . • Matters Not Reasonably Anticipated by the Chair : Bruce requested that the Assessor' s map be included in the meeting packets going forward . Ellen will ensure they are included . a 1 The next meeting of the Brewster Zoning Board of Appeals is scheduled for June 8th, 2021 . Pat made a motion to adjourn the meeting, Jeanne second the motion, the vote was taken , and the Board unanimously voted to adjourn . Vote : 6-0-0 . Meeting adjourned at 8 : 10 pm . l i I r a i I a I Page 2 of 2 i 4 3