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Home My Public Portal AboutZoning Board of Appeals -- 2021-06-08 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, June 8th, 2021, at 7PM Virtual Meeting Brian Harrison , Chairman , convened the Brewster Zoning Board of Appeals via remote participation with members : Bruce MacGregor, Patricia Eggers, and Jeannie Kampas, Art Stewart . Jeff Carter was absent . A quorum was determined . Also present : Applicants : Adrienne Trautman - Maier, Richard and Tracey Walz, Ryan Bennet (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 May 111h meeting minutes A motion was made by Pat Eggers to approve the May 11th, 2021, meeting minutes, Art Stewart second the motion, a vote was taken : Brian, Pat, Art, Bruce, and Jeannie approved the minutes unanimously . Continued Applications : • Application Review of #21 - 13 , Applicant : Michael J . Hagan, 71 Weathervanes Way . Members present and voting : Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison Brian informed the Board that the applicant is requesting to withdraw without prejudice . The applicant has decided to reduce the size of the shed within the requirements and will not need approval from the ZBA . Pat made a motion to approve the request for withdrawal without prejudice, Art second the motion, a vote was taken and approved unanimously . • Application Review of #21- 14, Applicant : Joshua & Sarah Brunell, 169 Fiddler' s Lane, represented by David Lyttle . Members present and voting : Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison No one was present for ZBA #21- 14 . Pat made a motion to continue ZBA #21 - 14, Bruce second the motion, a vote was taken and the Board approved a continuance for #21- 14 unanimously . New Applications : • Application Review of #2146, Applicant : Adrienne Trautman - Maier, 1187 Main Street . Members present and voting : Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison . Brian read the request for a special permit to operate a seven ( 7 ) bedroom Bed and Breakfast with a separate cottage containing a kitchen . The applicant provided background of the property to the Board . i She indicated that she is requesting the license be transferred into her name since it does not automatically transfer with the sale of the property . She stated that in the process of purchasing the property she discovered there is a kitchen in the guest cottage located in the back of the property . She indicated that the kitchen never went through any permitting with the town, and she wanted to ensure the town was aware . Art questioned the cottage and when it was considered a separate dwelling . The applicant indicated that it was permitted in 2003 , for use as a guest cottage but used as the Innkeepers quarters . It was designed as a bedroom and bath on the second floor with living space on the first floor . It is not clear as to when the kitchen was added . It was not until the purchase did the applicant realize the kitchen was not mentioned in the documents . Ryan clarified that the kitchen was not formally permitted through the Building department, the building itself was permitted ; but because it is functioning as part of the Inn, there is no proposal at this time for the cottage to be a second dwelling . The second kitchen is considered part of the overall operation of the Inn . There is not a second dwelling issue at this point . The applicant explained to the Board that to accommodate seven guest rooms in the Inn the cottage was used for the Innkeeper' s quarters . Jeanne expressed support stating that it is operating as part of the Inn . Ryan also commented Page 1 of 2 i i i } that it is in compliance with title 5 . Bruce suggested the Board view the permits . Art reference the building inspector' s comment the kitchen can only be used if tied to the Inn . Brian suggested that the Board conditioned the use of the kitchen as part of the operation of the Inn and file it with the Barnstable County Registry of Deeds . The Board referenced a letter of support from an abutter . There be no other public input Art made a motion to approve ZBA case # 21- 16 to transfer the use to operate a seven ( 7 ) bedroom Inn including a separate building with the unpermitted kitchen be used only by the Innkeeper and not to be rented out as a separate dwelling, Pat second the motion . A vote was taken , and the Board unanimously approved the application . • Application Review of #21 - 17, Applicant : Richard and Tracey Walz, 83 Greenland Pond Road . Members present and voting : Brian Harrison , Pat Eggers, Jean Kampas, Art Stewart and Bruce MacGregor . The applicant provided background to the Board . He stated that his realtor contacted the Town requesting if the lot the applicant was buying was acceptable for a two - bedroom dwelling with a standard size title 5 septic system . He stated that the Town approved it in an email and therefore he proceeded to purchase the property . He indicated that he spoke to two town officials who agreed that it was a buildable lot for a two - bedroom dwelling and a standard title 5 septic system . He hired an engineer to design the title 5 plan for the building permit, submitted it to the Board of Health and it was approved . In October 2020 he submitted a building application with the supporting documents to the Building department . In December of 2020 he was notified by the Building department that he would be required to install an Innovative and Alternative Treatment System with the title 5 system . The applicant referred to the nitrogen level tables created by the engineer . He requested the Board consider granting a variance for a standard Title 5 septic system for a two - bedroom dwelling . He indicated it will be a great expense and hardship to install and maintain a IA Treatment system for a retirement home . The Board discussed the nitrogen level tables produced by the engineer that were included in the meeting packet . Ryan indicated that the Building Commissioner accepted the building permit with the condition that an IA Treatment system would be installed , and the applicant is seeking a variance for the standard Title 5 system . The applicant indicated that the Building Commissioner advised him to apply for a variance . Art asked when the law was adopted . Ryan confirmed that the Water Quality Protection District by- law was initially adopted in 2008 and was amended in 2009 to include the nitrogen loading performance threshold which were written into the zoning bylaws . These zoning by- laws are enforced by the Building Commissioner and therefore building is not determined by the Board of Health . The Board agreed that the requirements for a variance were not satisfied at this time . Ryan also indicated that the applicant had 30 days to appeal the Building Commissioner' s decision on January 5 , 2021, however the applicant did not submit an application within the 30-day appeal period . The Board discussed different options and suggested that the applicant request a continuance until the next meeting on July 13th . The applicant agreed to a continuance and Pat made a motion to grant a continuance until the July 13th meeting, Bruce second the motion , a vote was taken and approved unanimously by the Board . • Re - organization of ZBA The Board unanimously voted for Brian Harrison to continue as ZBA Chair . Art informed the Board he will step down from the Board and Vice Chair when a new member joins . The Board voted unanimously to have Art continue on the Board as Vice Chair until new members are appointed . • Matters Not Reasonably Anticipated by the Chair : r Nothing to report . The next meeting of the Brewster Zoning Board of Appeals is scheduled for July 13th, 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 : 5 -0-0 . Meeting adjourned at 8 : 17 pm . i i Page 2 of 2 i I IIII