HomeMy Public PortalAboutZoning Board of Appeals -- 2021-11-09 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Tuesday, November 9th, 2021, at 7PM
Virtual Meeting
Brian Harrison , Chairman , convened the Brewster Zoning Board of Appeals via remote participation with members : Art
Stewart, Jeannie Kampas, Patricia Eggers and Bruce MacGregor . Jeff Carter was absent . A quorum was determined .
Also present : Applicants : Attorney Benjamin Zehnder, John O' Reilly, Attorney David Banash , Attorney John Kanaga ,
Karyn Beedy 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 .Bov .
• Review and Approval of October 12th meeting minutes
Brian asked the Board if there were any changes to the minutes . Art suggested the wording for ZBA case # 21 -22
be revised stating that Jeannie Kampas was present for the original discussion, but in October she was absent
and Art heard the case . The case was continued , and the Board voted for the continuance unanimously . A
motion was made by Pat to approve the October 12th, meeting minutes as revised, Bruce second the motion, a
vote was taken : Brian, Bruce, Art, and Pat approved the minutes unanimously .
Continued Applications :
• Application Review of ZBA #21 -22, Applicant : Benjamin E . Zehnder, 178 Bonnie Doone Cartway . Members
present and voting : Brian Harrison , Jeannie Kampas, Art Stewart, Pat Eggers, and Bruce MacGregor .
Attorney Ben Zehnder and site engineer John O ' Reilly addressed the Board . Attorney Zehnder provided an
update of the activities since the meeting last month . He informed the Board that an analysis of
surrounding homes was submitted with the meeting materials . He also indicated that discussions were
initiated between his client, John O' Reilly, himself, and the Ten Lots Association . He referenced the
conditions agreed upon by his client and the Ten Lots Association . He confirmed with the Board that the
conditions were submitted to the Board . There were 22 conditions, which 21 have been agreed upon .
Attorney Zehnder asked the board to review and address the 22nd condition for approval . The Board
expressed their satisfaction with the progress made between both parties . The last condition that was not
agreed upon was separate garage structures . The Board discussed the agreed upon conditions . Brian
suggested the garages be considered as an extension of the primary dwellings . Attorney Zehnder j
suggested the garages be considered normal and usual accessary buildings with a garage on the first floor
and living space on the second floor without a kitchen . He stated it is habitable space and the same right
that everyone in the Town has for an accessory use . Attorney Zehnder informed the Board he believes Ten
Lots Association is concerned that the garages will become two separate dwellings, so instead of 4
dwellings it will be 6 dwellings . He asked the Board to approve with the condition there will be no kitchens .
Pat made a motion to open up to public input, Art second the motion . A vote was taken, and the Board
unanimously voted to open to public input . Mark Wilson confirmed the discussion and productivity with
the applicant and Ten Lots Association . He asked the Board to approve the buildings but not the garages .
He also commented Ten Lots Association is requesting access to the Sea Camps road for construction
vehicles . He understands since the Town does not yet own the Sea Camps the Board cannot vote on it but
he is asking the ZBA specify a condition that if the Town agrees the applicate needs to use the Sea Camps
road . Ellen read an email dated November 4th from Peter Lombardi the Town Administration in response to
an email from Mark Wilson requesting construction vehicles accessing the Sea Camps road . In the email,
Peter Lombardi indicated that the Town would not be involved in this private matter . Peter Johnson , 93
Bonnie Doone Cartway, encourage the Board to adopt all of the 21 conditions submitted . He expressed his
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concern for the additional garages . Donna Heuchling, 179 Bonnie Doone Cartway, stated her concern for
the future of the property with two owners and one lot and she wants to protect the property for the
future . Drew Smythe, 95 Bonne Doone Cartway, expressed support for utilizing the Sea Camp road . He
also expressed his opposition for the detached garages . Peter Johnson indicated there was testimony in
September. He also informed the Board how the Ten Lots Association was organized . Attorney Zehnder
informed the Board that rentals were pulled out of the agreement which was agreed by Ten Lots
Association , and he is concerned that this is coming up again after it has already been agreed upon by both
parties . Mark Wilson confirmed the condition on rental was agreed to be pulled out, however, if the
applicant agrees Ten Lots will accept . Pat made a motion to close to public input, Bruce second the motion ,
the Board voted unanimously to close to public input . Attorney Zehnder will draft a decision with the
agreed upon conditions . Art made a motion to approve the special permit for ZBA Case #21- 22 with agreed
upon conditions and additional statements written on behalf of Attorney Zehnder, Pat second the motion,
a vote was taken and approved unanimously by the Board .
Application Review of #21-23 Applicant : Sean and Ellen Darcy, ( Represented by Attorney David M . Banash ) , 61
Consodine Road . Members present and voting : Art Stewart, Pat Eggers, Bruce MacGregor, Jeff Carter, and Brian
Harrison
Brian asked if Attorney Banash wanted to proceed with only four members of the Board . Attorney Banash
requested the Board wait until a quorum was determined . While the Board waited Brian informed the
Board that he received an email from the Select Board informing him that they revised their policy for
appointing new members . He indicated that hopefully additional members will be joining the Board and this
would alleviate the issues of a quorum . Pat indicated that hybrid meetings through Zoom will continue to
be an option for the future and therefore will allow more accessibility which may attract future members .
A quorum was determined, and Attorney Banash proceeded with the case . He confirmed with the Board
that all documents were in their possession . He referred to the Building Commissioner' s decision . He
suggested that the Board consider that the shed has been in the location for longer than 10 years . He
referred to the affidavit stating that the shed has been in the location for over 10 years, and it has never had
a notice of violation by the Town or anyone else . He indicated that for those reasons he is requesting that
the Board determine the setback is unenforceable . He referred to the plan dated 2009 from the Town of
Brewster website and the affidavit from Mr. Darcy the applicant included in the meeting packet . He
informed the Board that he authenticated the maps from Mass GIS . He also referred to the septic plan
included in the meeting packet . He then brought the attention of the Board to a statement from the
previous owner indicating the shed was located there between 1998 and 1999 . Mr . Darcy' s affidavit stated
the shed has never been moved . He indicated he received photos from the abutter regarding the safety of
the shed . He discussed the safety structure of the shed and indicated the Building Commissioner stated the
shed was not unsafe . Brian asked if the Board had any questions . Art questioned the property line .
Attorney Banash agreed that it was on the abutter' s property line by inches, but the issue was the not a
trespassing issue but a zoning issue . If the abutters feel that Mr . Darcy is trespassing there is another
avenue through the civil courts to determine trespassing . Jeannie asked how the applicant responded to the
abutters stating the shed had been renovated ? Pat read the letter received by the abutters indicating the
renovations of the shed . Mr . Darcy indicated he did not modify the shed . He stated that it is the original
structure . He did not make any repairs to the shed . The Board discussed the location of the shed using the
pictures that were included in the meeting packet . Bruce asked why both neighbors are not discussing the
location of the shed in order to resolve the issue . Attorney Banash informed the Board the neighbors were i
in discussion but there has been no resolution . Mr . Darcy informed the Board he is willing to fix anything on
the shed , but he is not willing to move the shed due to the expense . There being no additional questions
from the Board , Pat made a motion to open to public input, Jeannie second the motion , a vote was taken ,
and the Board voted unanimously to open to public input . Attorney John Kanaga representing Tom and
Colleen Ladd , the abutters, spoke regarding the changes to the shed , suggesting the shed be moved or torn
down . He indicated the Ladds want the shed off their property so they can install a fence along their
property . He pointed out possible alternations of the shed . Jeannie asked if the fence was attached to the !
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shed and if it has been altered in any way . Mr . Darcy informed the Board that it was not a wall of the shed
and that it has not been altered in any way . Pat suggested a compromise would be to get rid of the fence
section so the Ladds could put up their fence . Attorney Banash suggested he would discuss with the Ladd ' s
attorney . After discussing with his client, Mr . Darcy, Attorney Banash indicated that he agreed to continue
the case until next month . He requested to continue until the next meeting on December 14th . Bruce asked
the Board members if they were able to identify the shed on the GIS map . They indicated that it was very
faint . Bruce suggested a site visit . Brian suggested since a continuance has been requested , he can visit the
site . Art made a motion to continue ZBA case #21 -23 , Pat second the motion , a vote was taken , and the
Board unanimously voted to continue ZBA case #21 -23 until the December 14th meeting .
• Application Review of ZBA # 21 -27, Applicant : Karyn Beedy, ( Represented by Gabriel Panaite ) 23 Blueberry Pond
Drive . Members present and voting : Brian Harrison, Art Stewart, Jeannie Kampas, Art Stewart, Pat Eggers, and
Bruce MacGregor .
Karyn Beedy referred to a 5 - page document that was included in the meeting packet . She stepped through
the documents starting with the plot plan, outlining the property, then referred to the current floor plan and
updated apartment plan . She discussed the photos with the egress . She informed the Board because she
updated the plans she is not required to present to the State . She asked the Board to consider an accessory
apartment . The Board discussed the request, Brian asked if there were any additional questions, there j
being none, Pat made a motion to open to public input, Art second the motion , there being no public input
Pat made a motion to close to public input, Jeannie second the motion to close to public input, the Board
voted unanimously to close to public input . Brian read the criteria for a special permit . Pat made a motion
to grant a special permit for ZBA Case #21 - 27, Bruce second the motion, the Board voted unanimously to
grant a special permit for ZBA Case # 21 - 27 .
• Matters Not Reasonably Anticipated by the Chair :
None
The next meeting of the Brewster Zoning Board of Appeals is scheduled for December 14th, 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 10 : 13 pm .
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