HomeMy Public PortalAboutZoning Board of Appeals -- 2022-01-11 Minutes TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Tuesday, January 1111, 2022 , at 7PM - - ritr,
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 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 December 14th 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 December 14th 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
Brian turned the meeting over to Attorney David Banash , Attorney Banash requested a continuance due to
pending discussion between the applicants and neighbors . He informed the Board that part of the
settlement may include a request for a special permit or variance . He stated that he has had discussions
with the Building Commissioner, and the applicant may qualify for a special permit . Brian Harrison informed
Attorney Banash that if the applicant was not legally pre - existing non - conforming he would not qualify for a
special permit unless the Board grants a statute of limitation in which the change in the bylaw would allow
the applicant to request a special permit . Attorney Banash agreed that if that was the case, they could move
the shed away from the property line within the 20ft setback, which would reduce or eliminate some parts
of the non - conformity that currently exists . He discussed options that would be accommodating to both the
applicant and the neighbors . He suggested eliminating the old shed completely and build a new structure .
He asked the Board to provide guidance on the suggested solution . Brian Harrison stated he could not speak
for the Board but felt that a settlement would be welcomed . He again reminded Attorney Banash that in
order to qualify for a special permit it has to be determined that the shed was legally created and then
became non - conforming or the Board is going to have to make a determination that it meets the 10 year
statute of limitations . Brian then polled the Board for their thoughts . Bruce asked if there would be a fence
on the property line . Attorney Banash confirmed that the neighbor will put up a fence on their property
line . Art stated that this was a big step ahead and agreed to move forward . Pat also agreed that a special
permit would be a good solution . Brian stated the Board would have to make a finding that the shed
satisfied the 10 year statute of limitation . Jeannie agreed and expressed concern of the Board speaking to
the merits of the application when there is not one before the Board at this time . She recommended that
the parties come to an agreement pending the decision of the Board . Then the applicant can present to the
Board at the next meeting . Attorney Banash thanked the Board for the comments . Attorney Kanaga
representing the Ladds ( neighbors ) spoke to the Board indicating that his clients have expressed frustration
with the amount of time this issue has taken . He informed the Board that his clients would be amicable if
the special permit came with a withdrawal of the appeal from the Building Commissioner and the issue was
resolved all at once . Pat Eggers made a motion to continue until the February 8th meeting, Jeannie second
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the motion , a vote was taken , and the Board unanimously voted to continue ZBA case #21 - 23 until the
February 8th meeting .
• Matters Not Reasonably Anticipated by the Chair :
None
Brian informed the Board that an interested party has reached out to join as a new member . Brian spoke with the
interested party and thought they would be a good fit . More to come .
The next meeting of the Brewster Zoning Board of Appeals is scheduled for February 8th, 2022 .
Pat made a motion to adjourn the meeting, Art second the motion , the vote was taken , and the Board unanimously
voted to adjourn . Vote : 5 -0 -0 . Meeting adjourned at 7 : 18 pm .
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