HomeMy Public PortalAboutZoning Board of Appeals -- 2021-09-14 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Tuesday, September 14th, 2021, at 7PM _
Virtual Meeting
Brian Harrison , Chairman , convened the Brewster Zoning Board of Appeals via remote participation with members : Jeff
Carter, Jeannie Kampas, Patricia Eggers and Bruce MacGregor , Art Stewart was absent . A quorum was determined .
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Also present : Applicants : Attorney Benjamin Zehnder, Attorney Andrew Singer, Anne McManus ( Latham Center), Brian 3
Benevides ( Latham Center), Attorney Duane Landreth, James Gaita ( Envirospace Architecture ) , Robert Perry ( Cape Cod
Engineering ) 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 August 10th meeting minutes
It was decided to table a vote for the minutes until all members were present, therefore a vote was not taken to
approve the August 10th meeting minutes .
Continued Applications
• Application Review of ZBA # 19-37 Applicant : 19 Muskrat Lane LLC. ( Represented by Attorney Benjamin Zehnder), 19
Muskrat Lane . Members present and voting : Jean Kampas, Pat Eggers Bruce MacGregor, Jeff Carter, and Brian
Harrison
Attorney Benjamin Zehnder requested a continuance until December 14th . Pat made a motion to grant the
continuance until the December 14th meeting, Jeff second the motion . A vote was taken, and the Board
voted unanimously to grant ZBA case # 19-37 be continued .
• Application Review of #21 - 19 , Applicant : Latham Centers, Inc . , ( Represented by Attorney Andrew L . Singer) ,
1439 Main Street . Members present and voting : Jean Kampas, Pat Eggers, Bruce MacGregor, Jeff Carter, and
Brian Harrison
Attorney Andrew Singer and Anne McManus and Brian Benevides from Latham Center were present .
Attorney Andrew Singer provided background on the case . He informed the Board the intent to redevelop
the property for educational use . He reviewed the plans provided to the Board and discussed the request
for a Special Permit . He informed the Board the middle building will be redesigned and repurposed for
residential use to include 7 studios and a one - bedroom staff apartment . This is part of their nonprofit
educational use . The tenants will be Latham Center program members and the building is designed for their
special needs . It will include improved accessibility, individual bedrooms, flexible common areas, secure
access, and improved safety provisions . This is a transitional program with an estimated 2 -year resident
period . Attorney Singer then went on to discuss the request for a Variance . He referred to the elevation
documents and outlined the request for a cupola on the new middle building that will match the design and
scale of the existing cupola on the front and rear buildings providing a uniform look . The Variance request is
due to the middle building slightly intensifying the pre- existing non -conforming side setback on the
property . He indicated that this change will not be substantially more detrimental , will be appropriately
screened , and will not cause any nuisance or hazard . He also informed the Board that the Historic District
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Committee and the Conservation Commission has approved the proposed site changes . The Board j
discussed the requests for a Special Permit and a Variance . Pat Eggers made a motion to open to public
input and Bruce second the motion , all were in favor . There being no public input a motion was made by
Pat and Bruce second the motion to close to public input . Pat Eggers made a motion to grant a Special
Permit to redevelop the Property as shown on the submitted plans, Jeff Carter second the motion, a vote j
was taken and the Board voted unanimously to approve the Special Permit . Jeff Carter made a motion to
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grant a Variance to allow a cupola on the new middle building as shown on the submitted plans, Pat Eggers
second the motion , the Board voted unanimously to approve the Variance .
New Applications :
• Application Review of ZBA #21 -22, Applicant : Benjamin E . Zehnder, 178 Bonnie Doone Cartway . Members
present and voting : Brian Harrison, Jeff Carter, Jean Kampas, Pat Eggers, and Bruce MacGregor .
Attorney Ben Zehnder provided the Board with background on the request . He informed the Board that he
was not looking for a vote this evening because the property is still under the Conservation Commission
process . He indicated that the architect John O' Reilly submitted updated plans to the Conservation
Commission for consideration . He Pinformed the Board that the project meets all the zoning requirements
for a Special Permit . He also will provide a lot coverage chart at the next meeting . Brian asked Attorney
Zehnder if he had a copy of the abutter' s comments . He confirmed that he received a copy and would
address their concerns . Pat asked what TLAI referred to . They believe it referred to the homeowner' s
association . Attorney Zehnder stepped through each of the comments and addressed the concerns . The
Board questioned the number of bedrooms and the other rooms that could possibly be utilized as
bedrooms . Attorney Zehnder stated that the Brewster Health Department defines a bedroom . Bruce made
a motion to open to public input, Pat second the motion , the Board vote unanimously to open to public
input . Peter Johnson an abutter, informed the Board that he was the person who submitted comments to
the Board via email . He summarized comments for many of the concerned abutters . He expressed concerns
of the intensity of use of the land , size of the dwellings and the use of the cartway . Attorney Zehnder
explained the Ten Lots sub-division , which is the strip of land on the left side of Bonnie Doone Cartway .
Most of the concerns from the abutters is the use of the road and the potential use of the property for
commercial use . Attorney Zehnder agreed to provide additional information on road use and stated that
there is no intention to use the property for commercial use . Brian asked if there was additional public
input and informed the public that the case will be continued , and the public will have the opportunity to
speak at the next meeting . There being no additional public input, Pat made a motion to close to public
input, Bruce second the motion the Board voted unanimously to close to public input . Pat made a motion to
grant a continuance for ZBA case 21-22 until the October 12th meeting, Bruce second the motion a vote was
taken and granted unanimously .
• Application Review of ZBA #21 -23 , Applicant : Sean and Ellen Darcy, ( Represented by Attorney David M . Banash )
61 Consodine Road . Members present and voting : Brian Harrison, Jeff Carter, Jean Kampas, Pat Eggers, and
Bruce MacGregor .
Brian read the request for continuance sent by Attorney David Banash to the Board . Pat made a motion to
grant a continuance for ZBA case 21-23 until the November 9th meeting, Bruce second the motion a vote was
taken and granted unanimously .
• Application Review of ZBA # 21 -24, Applicant : Andrew P . Domonkos, ( Represented by Attorney Duane P .
Landreth ) 60 Kingfisher Cartway . Members present and voting : Brian Harrison , Jeff Carter, Jean Kampas, Pat
Eggers, and Bruce MacGregor.
Attorney Duane P Landreth, Andrew Domonkos the owner, James Gaita of Environspace Architecture and
Robert Perry of Cape Cod Engineering participated remotely . Brian turned the meeting over to Attorney
Landreth . He provided the Board with background on the request . He reviewed the site plan highlighting
the property at 60 Kingfisher Cartway . He indicated that several Special Permits have been issued in the
past to homeowners for re- design and expansion in the Condo complex . He referred to the plans provided
by James Gaita of Evironspace Architecture that were submitted with the application and included in the
meeting packet . He stated the Historic District Committee unanimously approved the plans . He also noted
that James Gaita of Envirospace Architecture was the architect for the owner of Unit 2 , in 2013 when it was
redesigned and expanded . Attorney Landreth went on to review other units that were expanded and
modified in the past years . He indicated that although some of the units are within a wetlands buffer zone
and require approval from the Conservation Commission, unit 10, at 60 Kingfisher Cartway is not within a
wetlands buffer zone and does not require approval from the Conservation Commission . He indicated that
the septic system will be separated from unit 9, which it now shares and will be replaced with an updated
title 5 septic system to conform to current standards and support the redesign and expansion of Unit 10 .
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Brian opened the meeting up to questions from the Board . Bruce asked if there were any other
dependencies from Unit 9 besides the septic system for example, property lines . Attorney Landreth
responded that the septic system was the only dependency and there were no changes to property lines and
indicated that the owner of Unit 9 is a family member . Bruce questioned the exclusive use areas . Attorney
Landreth indicated it was lawn and grassy areas providing for additional parking areas for guests if needed .
Pat made a motion to open to public input Bruce second the motion . The Board voted unanimously to open
to public input . There being no public input Pat made a motion to close to public input and Jeff second the
motion, all were in favor to close to public input . A motion was made by Jeff and seconded by Pat to grant a
special permit to extend and change a pre -existing, non -conforming single -family dwelling with a two-story
dwelling in accordance with the plans submitted . A vote was taken , and the Board granted the special
permit unanimously .
• Application Review of ZBA # 21 -25, Applicant : Habitat for Humanity of Cape Cod , Inc . , ( Represented by Attorney
Warren H . Brodie ) 26 Red Top Road . Members present and voting : Brian Harrison , Jeff Carter, Jean Kampas, Pat
Eggers, and Bruce MacGregor .
Brian informed the Board of the request for continuance sent by Attorney Warren Brody . Pat made a
motion to grant a continuance for ZBA case 21-25 until the October 12th meeting, Jeanne second the motion
a vote was taken and granted unanimously .
• Matters Not Reasonably Anticipated by the Chair :
The next meeting of the Brewster Zoning Board of Appeals is scheduled for October 12th, 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 .
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