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Home My Public Portal AboutZoning Board of Appeals -- 2021-08-10 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, August 10th, 2021, at 7PM Virtual Meeting Brian Harrison , Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members : Jeff Carter, Jeannie Kampas, Art Stewart and Bruce MacGregor , Patricia Eggers was absent . A quorum was determined . Also present : Applicants : Daniel Howard , Kristin and Paul Styspeck, Joshua M . D, Segal, Attorney David Reid ( representing the Bloomfields ), Catherine Childs, 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 July 13' meeting minutes A motion was made by Art to approve the July 13, 2021, meeting minutes, Bruce second the motion , a vote was taken : Brian, Bruce, Art, and Jeannie approved the minutes unanimously . Jeff Carter although present was not sworn in by the July 13th meeting, and therefore did not vote . New Applications : • Application Review of #21 - 18, Applicant : Pioneer Builders I. I.C . ( Represented by Daniel Howard ) , 93 Sixpenny Lane . Members present and voting : Jean Kampas, Art Stewart, Bruce MacGregor, Jeff Carter, and Brian Harrison Brian asked Daniel Howard if he followed up with the Conservation Commission . Daniel informed Brian he received notification from the Conservation Commission regarding reflagging the wetlands . He stated that according to the engineering plans they are outside the wetlands buffer . Brian read the comments from the Conservation Department regarding the issue . Daniel Howard told the Board if they are denied there is no need to go to Conservation . Brian informed Daniel Howard that generally the ZBA is the last decision maker. The site engineer from Ryan Engineering informed the Board that they worked off existing plans that were on file at the Conservation Commission . He referenced the plans and stated that it was 100 ft away from the wetlands with a street in between . The Board discussed whether to hear the case or continue . Homeowner Kristin Styspeck asked the Board to speak . She provided the Board with background i on the process . She indicated that the process started over a year ago and all the necessary steps were followed . She outlined the proposed small addition to the existing dwelling and reasoning behind the request for the special permit . The Board discussed the wetlands location across Lower Road and decided they would hear the case and be prepared to vote . Paul Styspeck, the homeowner also discussed the i wetlands across the street and stated that the wetlands are 200 ft on the edge of their proposed addition . Daniel Howard provided an overview of the project and the design with the Historical Commission approval on June 14th . Brian asked if there were any public input . Art made a motion to open to public input, Jeff second the motion , the Board unanimously opened to public input, there being none, Art made a motion to close to public input, Bruce second the motion , public input was closed unanimously . Bruce made a motion to grant the request for special permit, Jeff second the motion . A vote was taken, and the Board voted unanimously to grant ZBA case #21- 18 a special permit . d • Application Review of #21- 19, Applicant : Latham Centers, Inc . , ( Represented by Attorney Andrew L . Singer), 1439 Main Street . Members present and voting : Jean Kampas, Art Stewart, Bruce MacGregor, Jeff Carter, and Brian Harrison { Ryan informed the Board that a written request from Attorney Andrew Singer' s office was received to continue ZBA case #21- 19 until the September 14th meeting . A vote was taken and the continuance for case # 21 - 19 was granted unanimously . Page 1 of 3 • Application Review of #21- 20, Applicant : Molly Perdue ( Represented by Attorney Joshua M . D . Segal ), 2095 Main Street . Members present and voting : Brian Harrison , Jeff Carter, Jean Kampas, Art Stewart, and Bruce MacGregor . Attorney Joshua Segal addressed the Board providing background information of the appeal from the Building Commissioner' s determination . He highlighted two areas of concern which included moving two computers from one area to another in the office and unscheduled site inspections from the Building Commissioner . He stated the purpose of the Brewster Alzheimer' s Support Center and indicated that before Covid the building was used as office space and the program was offsite but due to the pandemic Dr . Perdue had to shift operation of the program on - line and most of her work was done behind a screen . He indicated on May 2111 the Building Commissioner identified two computers outside the area designated for home occupation and requested they be removed . Attorney Segal also indicated a written compliant was received by an abutter, which he has yet to receive a copy . He stated that the reason for the hearing was to address the Building Commissioner' s May 27th letter . He argued that the zoning requirements should not prohibit residents of single -family dwellings from using computers wherever they want on the property and unannounced site inspections should be prohibited . He indicated Dr. Perdue lives on the premises with her family and the computers have been moved to the home occupation premises but the use of the computers was by her family for personal or school related work and not part of the Center. The Board discussed the home occupation use vs . personal space . Attorney Segal indicated his client agreed that any computer work done in the personal space would only be done by the residents and not employees of the Center . The Board suggested to the applicant if they expand the home occupation space, they will need to work with the Building Department . They briefly discussed the compliant by the abutter and tabled it for later . The Board is in favor of the use of the Center and feel it is a valuable service . Art made a motion to open to public input and Jeff second the motion . All were in favor, and it was open to public input . Attorney David Reid ( representing the abutters the Bloomfields ) addressed the Board providing background of the property and the use of the driveway . He highlighted the letter sent by him regarding the abutter' s issue . He indicated they are in favor of the Building Commissioner' s decision . He briefly outlined that the Building Commissioner' s letter requested that the applicant comply with the Certificate of Use and Occupancy for a Home Occupation . He addressed the Board asking to review the submitted complaint and the supporting documents . He stated the submitted documents show a concern for the volume of business being conducted and the negative impact of the neighborhood and the residential character of the neighborhood . He asked the Board to uphold the Building Commissioner' s decision because it is straightforward and simple . Additional public input was heard in support of the Center . After hearing public input the Board discussed the appeal of the certificate of home occupancy . Brian made a motion that the applicant comply with the original certificate of home occupancy that was issued on 11/ 18/2014 and if changes are desired the applicant must go through the Building Department process, Jeff second the motion . A three to two vote was taken with members Brian Harrison , Jeff Carter and Arthur Steward voting in favor and Bruce MacGregor and Jean Kampus voting in the negative . A separate motion to deny the enforcement order that the Building Commissioner could conduct random unannounced inspections was made by Brian and second by Jeff, the Board voted unanimously to approve . • Application Review of #21 - 21, Applicant : Catherine Childs, 36 Sheffield Road . Members present and voting : Brian Harrison , Jeff Carter, Jean Kampas, Art Stewart, and Bruce MacGregor . Cathy Childs provided the Board with background on the request to amend a special permit that was issued in 2000 . She is requesting the removal of the family restriction . The Board discussed the request, and a motion was made to open to public input by Art and second by Jeanne, all were in favor . There being no public input Art made a motion to close to public input and Bruce second the motion, all were in favor . After a brief discussion by the Board , Brian made a motion to grant the request for modification to remove the condition restriction occupancy for use only by immediate family members, Bruce second the motion a vote was taken and granted unanimously . • Matters Not Reasonably Anticipated by the Chair : Brian thanked Ryan Bennett the Town Planner for all her support of the ZBA and wished her the best in her new role . Page 2 of 3 1 3 i The next meeting of the Brewster Zoning Board of Appeals is scheduled for September 14th, 2021 . Jeff 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 : 58 pm . i r i i 3 I I 7 i 1 i i 1 i i i i I i l i 1 Page 3 of 3 i