HomeMy Public PortalAboutZoning Board of Appeals -- 2022-03-08 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
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Tuesday, March 8th, 2022 , at 7PM
Virtual Meeting
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 Andrew Singer, Joshua
Schiff, Gary Thurlander 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 February 8` 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 February 8th meeting minutes, Art 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)
New Applications :
• 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 David Banash , representing the applicant . Attorney Banash asked the
Board if they wanted to combine ZBA case # 21 -23 into ZBA case #22 -04 requesting a special permit or variance
or if they should be heard separately . The Board agreed to hear both cases together . Attorney Banash informed
the Board that he rolled over the findings from ZBA case #21-23 as supporting documentation for ZBA case #22 -
04 . The Chair asked Attorney Banash if he was opposed to the Board hearing ZBA case # 22 -03 first . Attorney
Banash responded that he had no objection .
The Board returned to hearing ZBA case # 21 -23 and #22 -04, Brian turned the meeting over to Attorney David
Banash , Attorney Banash summarized both cases informing the Board the applicant has come to an agreement
with the abutters, the Ladds . He referred to the proposed findings from ZBA case #21-23 which acts as
supporting documentation for ZBA case #22 -04 and the request for a special permit or variance . He also
indicated that the essence of the agreement is set out in the proposed findings that have been submitted .
Attorney Banash indicated that the information provided proved that the shed had been on that location for
over 10 years . He 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 . Attorney Banash informed the Board the applicant has come to an agreement
with the abutting neighbors, the Ladds to move the shed 2ft , south of the current location and therefore no
longer encroaching on the neighbor' s property . Due to the complexity of moving the shed , hiring available
contractors and structural conditions, the applicant proposes a two- phased approach . Phase 1 will be May
2022, moving the section of the shed that is encroaching on the neighbor' s property and supporting the shed
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with new posts in the interior of the shed , which will resolve the current issue . Phase 2 would be demolishing
the current shed and replacing it with a new shed on the location once it is moved . This would be scheduled
sometime in the spring of 2023 due to the availability of contractors and materials . He referred to the drawing
of the proposed shed which is a vast improvement from the current shed . Attorney Banash addressed the
Department comments that were included in the meeting packet, from both the Health department and
Building department . He informed the Board the new shed will be an improvement and not detrimental to the
neighborhood , as well as satisfying the abutters compliant . Brian informed Attorney Banash that a letter was
received late from the abutting neighbors . Attorney Kanaga representing the abutting neighbors was asked to
speak on behalf of the letter . Attorney Kanga informed the Board his clients' main concern is the shed over the
property line . He stated that the special permit will alleviate this concern with the two - phased approach . When
asked by the Chair Brian Harrison , Attorney Kanaga confirmed his clients were comfortable with the proposal .
Attorney Kanaga asked the Board in making their findings for the special permit, would they find the special
permit could be ruled on because the shed met the statute of limitation, which would render ZBA case #21-23
moot . Brian stated if the Board does not rule on the statute of limitation , a variance would have to be
considered .
Brian moved to ZBA case #22 -04 asking the Board if they had any questions . Jeannie asked the size of the
existing shed . Attorney Banash informed the Board the existing shed was 11x18ft , and the new shed would be
approximately the same dimensions . He referred to exhibit A of the meeting materials . Mr . Darcy, the applicant
provided the dimensions to be 11 . 4x18 . 5ft . and the height 11 . 5ft . Brian asked how that compared to the
current shed and Mr . Darcy indicated the existing shed is 3ft . shorter but the existing shed is not to code . The
Board discussed the dimensions of the existing shed versus the proposed shed . Pat asked if the abutting
neighbors agreed with the dimensions . Bruce expressed concern with the height of the new shed . Brian asked
Jeff his professional opinion as a building inspector if there was any minimal height for a utility building . Jeff
indicated that it is non habitable space , and he is not aware of any building code on height, Brian agreed .
Jeannie asked if the picture of the shed that is included in the meeting materials is a standard shed , Mr . Darcy
confirmed it was a standard shed . The Board agreed that the proposed shed should be the same dimensions as
the existing shed but to code . Mr . Darcy indicated it will be the same square footage , and the same style as the
house which is esthetically pleasing to the area . Bruce questioned the letter from the abutters that stated no
significant increase in ridge height . The Board discussed the dimensions of the proposed shed and discussed the
definition of the Brewster bylaw . After much discussion , it was decided the shed will be 11x18ft , with a 12ft .
height measured as defined in the Brewster bylaw . Brian suggested the Building Commissioner will have to
confirm the dimensions of the existing shed footprint . Brian asked the Board how they want to proceed . It was
decided that the new footprint must be 11x18ft ., not exceed 12ft . in height and must be 2ft . from the lot line .
Attorney Banash reached out to the applicant while a motion was made by Pat to open up to public input, Bruce
second the motion a vote was taken , and the Board unanimously voted to open to public input . Attorney
Kanaga confirmed his clients agreed to the dimensions of the proposed shed . There being no public input Pat
made a motion to close to public input, Bruce second the motion, it was voted unanimously by the Board to
close to public input . Attorney Banash informed the Board his client spoke with his contractor and the height
will exceed 12ft . due to required footings . He is asking for a continuance until the April 121h meeting in order to
have some time to meet with the contractor and determine how to reduce the height of the shed . The Building
Commissioner will also measure the existing shed prior to the April 12th meeting .
Brian Harrison made a motion to continue until the April 12th meeting, Pat second the motion, a vote was taken,
and the Board unanimously voted to continue ZBA case #21-23 and ZBA case #22 -04, until the April 12th
meeting .
ZBA case # 22 -03 Applicant : Joshua Schiff, ( Represented by Attorney Andrew Singer) 3038 Main Street .
Members present and voting : Brian Harrison, Art Stewart, Pat Eggers, Jeannie Kampas and Jeff Carter .
Brian turned the meeting over to Attorney Andrew Singer, representing the applicants, informed the Board the
applicant is requesting a special event permit with no changes from the previous year, including the conditions .
He indicated the previous year was very successful and the neighbors were pleased with the outcome with no
complaints . He referred to the letter that was included in the meeting materials from the owner of 108
Milestone Road stating their support of CBI Farm and the events . Attorney Singer addressed the Department
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comments that were submitted in the meeting materials, although some of the comments were not directly
applicable to the special event permit application . He informed the Board that the applicant continues to work
closely with the Health Department to comply with all rules and regulations . His applicant has also been
working with the Building Department in regard to the cooler concern the Building Commissioner raised . The
cooler is for the produce that is raised on the farm and unrelated to the special event permit application . He
also confirmed that the circulation around the property will not be blocked which was raised by the Brewster
Fire Department . Art asked how many events were held in 2021 . Josh Schiff the applicant informed the Board
4-5 events were canceled last year due to the weather . Pat questioned the caterer' s license that was raised by
the Health Department , Josh Schiff confirmed they do have a caterer' s license for the events . Gary Thurlander,
general manager of Chatham Bars Inn confirmed the caterer' s license and a beverage license for each event was
obtained . There being no additional questions from the Board , Pat made a motion to open to public input, Art
second the motion, a vote was taken, and the Board voted unanimously to open to public input . Fran Schofield
an abutting neighbor who expressed concerns last year spoke in favor of the CBI Farms events . She informed
the Board the applicant went out of his way to deliver everything that was promised last year . Ben Deruyter,
315 Cranview Road spoke in support of Josh Schiff and CBI Farm . There being no additional public input, Pat
made a motion to close to public input, Art second the motion , a vote was taken, and the Board unanimously
voted to close to public input . The Board expressed support for CBI Farm , Pat made a motion to approve the
special event permit for 36 events to be held at the Farm for the 2022 season , Art second the motion , a vote was
taken, and the Board unanimously voted to approve ZBA case #22 -03 . Attorney Singer will draft the decision .
• Matters Not Reasonably Anticipated by the Chair :
None
The next meeting of the Brewster Zoning Board of Appeals is scheduled for April 12th, 2022 .
Pat made a motion to adjourn the meeting, Jeannie second the motion , the vote was taken , and the Board unanimously
voted to adjourn . Vote : 5 -O-0 . Meeting adjourned at 8 : 10 pm .
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