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HomeMy Public PortalAboutZoning Board of Appeals -- 2021-07-13 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES ryi ; Tuesday, July 13th, 2021 , at 7PM ; F Virtual Meeting Brian Harrison, Chairman , convened the Brewster Zoning Board of Appeals via remote participation with members : Jeff Carter, Patricia Eggers, Jeannie Kampas, Art Stewart and Bruce MacGregor . A quorum was determined . Also present : Applicants : David Lyttle , Benjamin Zehnder, 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 . i • Review and Approval of June 8th meeting minutes A motion was made by Pat Eggers to approve the June 8, 2021, meeting minutes, Jeannie Kampas second the motion, a vote was taken : Brian , Pat, Art, Jeff, and Jeannie approved the minutes unanimously . Continued Applications : • Application Review of # 19 - 37 , Applicant : 19 Muskrat Lane LLC . ( Represented by Attorney Benjamin Zehnder) . Members present and voting : Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison Brian informed the Board that the applicant is requesting a Continuance for ZBA case # 19 -37 . Ryan Bennett stated that they received a request to continue until September 14, 2021 . She informed the Board that the applicant has filed with the Conservation Commission and is proceeding through that process . The applicant did notify abutters of this continuance request, based on the last conversation the Board had with the applicant . A role call vote was taken, and the Board voted unanimously to accept the request to continue ZBA Case # 19 -37 until the September 14th meeting . Benjamin Zehnder will draft a signed waiver . • Application Review of #2144, 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 1 Harrison . Jeff Carter who sat on the case last month had not been sworn in for this year yet (July 1 being the 2022 fiscal year), Brian asked David Lyttle if he was comfortable replacing Jeff with Art Stewart who was present at the last meeting but did not sit on this case . Mr . Lyttle agreed to have Art sit on the case . Brian indicated ZBA #21 - 14 was continued from the previous meeting . David Lyttle addressed the Board representing Joshua and Sarah Brunell . He provided an update on the case . He indicated that work had begun without the necessary permits and since then the applicant has taken steps to right the process . They are now requesting a special permit to remove an existing non -conforming farmer' s porch and replace it 3 with a new farmer' s porch . He has obtained the necessary approvals from the Conservation Commission and OKH . He is requesting a special permit to complete the necessary work . It was determined to be pre - ! existing non - conforming due to the covered brick porch having a 5 . 8 ft . setback from the property line where a 30-ft . setback is required . The Board determined that the proposed replacement will be less non - conforming with a 5 . 1 ft . setback . The Board found that the proposed alterations were not substantially more detrimental than the existing non -conforming structure on the neighborhood . Art made a motion to grant #2144 a special permit, Pat second the motion, a vote was taken , and the Board approved unanimously . • 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 was not present . Ryan informed the Board she spoke to the applicant, and he indicated that he did not intend to change course to proceed with the variance . She suggested the Board act or grant a Page 1 of 2 : i continuance to see if the applicant would like to return . Ryan informed the Board after reaching out multiple times the applicant indicated he was not interested in participating at the meeting . She read the latest email from the applicant to the Board stating he does not intend to move in a different direction . The Board discussed the applicant' s intention . Brian made a motion to deny 21 - 17 . 83 Greenland Pond Road unless the applicant provides in writing a request for continuance for the next meeting on August 10th at 7 : 00 pm , and the applicant signs a waiver within 14 days . Art second the motion . A vote was taken , and the Board approved unanimously . • Matters Not Reasonably Anticipated by the Chair : Nothing to report . The next meeting of the Brewster Zoning Board of Appeals is scheduled for August 10th, 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 : 5 -0-0 . Meeting adjourned at 7 : 28 pm . i i I 1 I i 1 I 7 3 i i 7 3 Page 2 of 2 1