HomeMy Public PortalAboutZoning Board of Appeals -- 2022-04-12 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES BREli ;I LR ; ij ,,lji i®: 1I R"k,
Tuesday, April 1211, 2022 , at 7PM _
Virtual Meeting — ` '� `� 'tr - ` - — - '
Brian Harrison, Chairman , convened the Brewster Zoning Board of Appeals via remote participation with members : Art
Stewart, Jeff Carter, Patricia Eggers, Jeannie Kampas and Bruce MacGregor . A quorum was determined .
Also present : Applicants : Attorney David Banash , Sean Darcy, Attorney John Kanaga , Attorney Marian Rose, 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 March 811 meeting minutes
Brian asked the Board if there were any changes to the minutes . There being none, a motion was made by Pat
to approve the March 8th meeting minutes, Jeff second the motion, a vote was taken, and the minutes were
unanimously approved .
Continued Applications :
• 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, Jeanne Kampas and
Brian Harrison . ( ZBA case #21- 23 will be heard with ZBA case #22 -04 below)
• ZBA case #22 -04 Applicant : Sean and Ellen Darcy, ( Represented by Attorney David M . Banash ) , 61 Consodine
Road .
Members present and voting : Art Stewart, Pat Eggers, Bruce MacGregor, Jeanne Kampas and Brian Harrison .
Brian turned the meeting over to Attorney Banash representing the applicants, who requested the Board
address ZBA case # 22 -04 first . He thanked the Board for their patience during the repeated hearings . He is
presenting the appeal for 21 - 23 and the application for the special permit for 22 -04 . He referred to the
materials in the meeting packet stating the amount of time the shed has been in the current location and
brought the attention of the Board to a letter written by the prior owner of the property stating the existence of
the shed in its current location was more than 22 years . He indicated with the supporting documentation they
have met the statute of limitation, also that the Town has failed to provide notice recorded with the Registry of
Deeds as to any issues in regard to the property . He referred to the records submitted from the Registry of
Deeds in the meeting packet, along with two affidavits and believes the statute of limitation has been satisfied .
He highlighted the certificate of appropriateness granted by the Old Kings Highway Historic District ( OKHD ) . He
indicated an agreement was very close to finalizing, however they cannot agree on the height of the structure
with the abutters . Brian asked the Board if there were any questions . Jeannie questioned the non - conformity
that was eliminated . Attorney Banash stated it is not eliminating the non - conformity but reducing the non -
conformity by moving the shed 2 ft . back from the property line . Art asked if the height of the shed was agreed
upon . Attorney Banash indicated they disagree with the height by 7 inches . Attorney Banash informed the
Board at last month' s meeting it was decided that the Building Commissioner would visit the site to measure the
existing structure . The Building Commissioner indicated the height of the existing structure was 11ft . An email
from the Building Commissioner to the effect was included in the meeting packet . When the applicant' s
contractor measured from the inside of the existing structure it was recorded at 12 ft . The applicant and the
abutters agreed to a height of 12ft . Attorney Banash explained that during the OKHD meeting the existing
structure was represented as 12ft 7in . This was due to the standard shed requirement for a 11x18ft . footprint of
the new structure in order to meet the roof pitch . To reduce the height of the roof to 12 ft . would require a
custom - built shed not a standard order and a substantial increase in cost . Jeannie questioned the reference
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from OKHD regarding the requirement for the shed pitch . Attorney Banash referenced the OKHD application for
minimum pitch requirements . He indicated the OKHD is concerned with esthetics, as is the applicant . Jeannie
asked if the height could be reduced , and Attorney Banash stated if the height was reduced the footprint of the
shed would have to be substantially smaller . The Board discussed the height and pitch of the roof. Mr . Darcy
informed the Board he would be happy to keep the shed at the height of 12 ft . with the condition that it is built
on the current location and not move it back 2 ft . from the property line . If the location of the shed is moved by
2 ft . , they must go up hill and therefore request the additional 7" . Bruce stated it is very important to move 2 fto
from the property line . Pat stated that at the meeting the previous month the discussion of the height was over
14 ft . and it has come down to 12ft . 7in . The Board continued to discuss the dimensions of the new shed as
opposed to the existing structure . Attorney Kanaga representing the abutters, informed the Board the Special
Permit requests building the same size shed . Although the Building Commissioner' s measurements of the
existing structure indicate the height at 11 #t . the abutters have agreed to go 12 ft . The applicant is proposing
the measurement of 12 ft . 7in . would be from the grade of the property not the foundation . Pat asked if there
was an opportunity to excavate 2 ft . from the property line to get the height down 7in . Attorney Banash stated
there is an expanse of trees in that area and therefore if the trees were removed it would affect the esthetics
and privacy . Attorney Kanaga suggested digging down to satisfy the 12 ft . pitch . There being no public input,
Pat made a motion to close to public input, Jeannie second the motion and the Board unanimously voted to
close to public input . The Chair informed the Board that in order to grant the Special Permit they must
determine that it meets the statute of limitation . If the special permit is granted , the applicant is not obligated
to move forward , however, he is willing to move the shed to accommodate the abutters . Jeannie moved to
reopen to public input, Pat seconded the motion, the Board voted unanimously to reopen to public input .
Attorney Kanaga , representing the abutters, informed the Board if there is an agreement between the applicant
and the abutters and a special permit stating the shed to be the same measurements is granted , then the
abutters will agree with the statute of limitation , however if the shed is not the same measurements as stated in
the request for special permit then the abutters will not agree with the determination presented that the shed
meets the statute of limitation . Attorney Kanaga informed the Board . that there is an agreement_outside of the
request for special permit that both parties are bound to . The Chair informed the Board and Attorney Kanaga
that that agreement is outside of the request for special permit and a civil matter and not within the jurisdiction
of the Zoning Board of Appeals . Attorney Kanaga agreed . Art made a motion to close to public input, Pat
seconded the motion a vote was taken, and the Board unanimously voted to close to public input . Jeanne made
a motion to approve the special permit ZBA case #22 -04 to raising of the existing shed and the reconstruction of
a new shed to be located 2 ft . off the property line 11x18x12 ft ., with the condition that it satisfies the 10-year
statute of limitation , Art seconded the motion , a roll call was taken , and the Board voted unanimously to grant
the special permit .
Both Attorney Banash and Attorney Kanaga requested the Board vote on ZBA case #21 - 23 . Pat made a motion
to open up ZBA case #21-23 to public input, Bruce seconded the motion, a vote was taken , and the Board
unanimously voted to open to public input . There being no further public input, Pat made a motion to close to
public input, Bruce seconded the motion a vote was taken , and the Board unanimously voted to close to public
input . The Chair made a motion based on ZBA case # 22 -04, the structure in question has made the 10-year
statute of limitations, Pat seconded the motion , a roll call was taken , and the Board voted unanimously .
New Applications :
• ZBA case # 22 -05 Applicant : Nancy and Francis Gorman, Trustees of The Gorman Revocable Trust, ( Represented
by Attorney Marian S . Rose ), 160 Crowells Bog Road .
Members present and voting : Jeff Carter, Pat Eggers, Bruce MacGregor, Jeanne Kampas and Brian Harrison .
Attorney Marian Rose , representing the applicants, provided background on the property stating the lot is pre -
existing, non -conforming with frontage, lot width and rear setbacks, the side and front setbacks are conforming .
The applicants are requesting conforming construction of a connector from the house to the garage, an
expansion to the left-side deck and dormer second floor which will be no higher than the existing roof line .
Attorney Rose informed the Board that the Brewster Conservation Commission reviewed the proposed work
and determined to be outside of their jurisdiction . She indicated there will be no negative impact to the water
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supply or drainage and it will not be detrimental to the neighborhood . Pat made a motion to open to public
input, Bruce seconded the motion , the Board voted unanimously to open to public input, there being no public
input, Jeannie made a motion to close to public input, Pat seconded the motion, a vote was taken , and the
Board unanimously voted to close to public input . Pat made a motion to approve ZBA case #22 -05 , Jeannie
seconded the motion , a vote was taken , and the Board voted unanimously to approve ZBA case #22 -05 .
Attorney Marian Rose will draft the decision .
• Matters Not Reasonably Anticipated by the Chair :
Ellen informed the Board of the option in May to hold in - person meetings for Board members only . The
Board decided they would continue to meet virtually until in - person meetings open to public participation .
Jeannie informed the Board she will be resigning in June due to a move out of Brewster . The Chair and the
Board thanked Jeannie for her service .
The next meeting of the Brewster Zoning Board of Appeals is scheduled for May 10th, 2022 .
Pat made a motion to adjourn the meeting, Jeff second the motion, the vote was taken, and the Board unanimously
voted to adjourn . Vote : 5 -0-0 . Meeting adjourned at 8 : 19 pm .
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