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HomeMy Public PortalAboutZBA Meeting Packet 05/10/22 Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only May 10, 2022 at 7:00 PM This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021,. 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 meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/88076668068?pwd=b3lXWnMwM2tybTk4SzlKMk5vT3NTUT09 enter Passcode 047258 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Zoning Board Brian Harrison Chair Arthur Stewart Vice Chair Jeff Carter Patricia Eggers Jeannie Kampas Bruce MacGregor Senior Department Assistant Ellen Murphy 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Approval of Meeting Minutes 5. New Applications: ZBA Case #22-06 Applicant: Brewster Historical Society, Inc. (represented by Sally Gunning), 51 Drummer Boy Road, Map 26, Lot 28, in the RM zoning district. The applicant seeks a Special Permit for a Special Event Venue use authorized under MGL 40A section 9 and the Brewster Zoning Bylaw, § 179-11 in accordance with § 179-51. To hold 16 Farmers Market events beginning June 1 through October 9 (alternative dates will be provided) 6. Reorganization of ZBA 7. Matters Not Reasonable Anticipated by the Chair 8. Next Meeting: June 14, 2022 9. Adjournment Date Posted: Date Revised: Received by Town Clerk: 4/14/2022 Page 1 of 3 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, April 12th, 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 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 8th 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 Page 2 of 3 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 ft. 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 ft. 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 Page 3 of 3 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. #22-06 Applicant: Brewster Historical Society, Inc. (Represented by Sally Gunning) 51 Drummer Boy Road tuEIIlf11ls4 W iipiii�,�, YXR ?„� ss i r.cmkso ;49 iza. rgft .1 505 ii ► Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov ZBA CASE FILE # ?Q- D �p Date + Time Stamped By Town rk SPECIAL PERMIT APPLICATION - Special Event Venue Use VENUE INFORMATION Applicant/Property Owner: The Brewster Historical Society, Inc. Phone: 508-896-9521 Street Address: 51 Drummer Boy Road Map: 26 Lot: 28 Mailing Address: PO Box 1146 Business Name: _The Brewster Historical Society, Inc. Email: EVENT INFORMATION ecvident(cz�brewsterhistoricalsociety.© fg Date(s): June 1, 8, 15, g22, 29, July 6, 13, 20, 27, Aug. 3, 10, 17, 24, 31, Sept. 7 Maximum Number of Guests Anticipated: 6 Estimated Number of Vehicles at One Time: 12 Proposed Hours: 3-6 PM Open to Public ❑ Invitation Only X❑ Test Use: Yes ❑ (if yes, then obtain a permit from the Building Department) No ❑ FOOD, ALCOHOL & ENTERTAINMENT Will there be food offered: Yes 0 No X❑ pick-up only (If yes, then applicant shall obtain a food service permit from the Health Department) Will there be alcohol drinks* offered? Yes 0 No x❑ (If yes, then applicant shall obtain a separate, one -day liquor license from the Select Board) Will there be entertainment* provided? Yes 0 No x❑ (if yes, a separate entertainment license shall be obtained from the Select Board) NARRATIVE: BHS plans an on -line -order -only curbside pick-up farmers market, the same as was done in 2020. Only those who have pre -ordered online will be invited to Windmill Village between 3 and 6 PM to pick up their order. We anticipate 40 customers per week spread out over that 3 hour period, and per past experience, not more than 12 at any one time. A maximum of 6 helpers will be on hand to distribute baskets — the customers remain in their cars. E DWELLING AREA WINDMILL SMIT SHOP PL+ PREPARED FOR: BREWSTER H LOC ATION: 51 DRUMMER BOY RD. SCALE: 1 " =30' DEED BOOK: 2077/94 CTF: PLAN BOOK: 293/61 LC SOULE 103 VI BRE W (5 1. D.B. 6558/ 2e ZONE: RM 3. TOPOGRAPF TOWN BASE M. GROUND SURV l N PR 0 180 32011 Printa d an 01/2012021 at 0516 PM M apsOnline by PeopleGIS 7O 0/N1f11111II1U1111U\\� 011111111111/11/4oiii oftE We?, O ' O* I�,:�:in►aij D Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov Date + Time Stamped By Town Clerk ZBA CASE FILE # SPECIAL PERMIT APPLICATION - Special Event Venue Use VENUE INFORMATION Applicant/Property Owner: The Brewster Historical Society, Inc. Phone: 508-896-9521 Street Address: 51 Drummer Boy Road Map: 26 Lot: 28 Mailing Address: PO Box 1146 Business Name: _The Brewster Historical Society, Inc. Email: president(a�brewsterhistoricalsociety.orq EVENT INFORMATION Date(s): Oct. 9th. Maximum Number of Guests Anticipated: 1000 Estimated Number of Vehicles at One Time: 40 Proposed Hours: 10 AM 1 PM Open to Public x❑ Invitation Only 0 Test Use: Yes 0 (if yes, then obtain a permit from the Building Department) No 0 FOOD, ALCOHOL & ENTERTAINMENT Will there be food offered: Yes x❑ No 0 pick-up only (If yes, then applicant shall obtain a food service permit from the Health Department) Will there be alcohol drinks* offered? Yes 0 No x❑ (If yes, then applicant shall obtain a separate, one -day liquor license from the Select Board) Will there be entertainment* provided? Yes x❑ No 0 (if yes, a separate entertainment license shall be obtained from the Select Board) NARRATIVE: BHS plans an on -site harvest market with approximately 20 vendors on Oct. 9t 10 AM —1 PM. There will be games and prizes for children in addition to the usual food vendors. We anticipate 500-1000 attending, but not at the same time. There should be no more than 40 cars parked on the BHS property, between volunteers and vendors. We plan amplified acoustic music. MapsOnline by PeopleG1S 160 320 ft Pentad on 0120/2021 at 0516 PM Application#22-06 www.brewster-ma.gov Page 1 of 2 5/5/2022 DEPARTMENT REVIEWS Application #22-06 APPLICANT/OWNER: Brewster Historical Society, Inc. REPRESENTATIVE: Sally Gunning MAP/LOT: Map 26, Lot 28 PROPERTY ADDRESS: 51 Drummer Boy Road Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator Conservation has no comments regarding this application Police Dept. Comments received from Lt. Charles Mawn  The police department has no issues with this application. For the event on October 9th, if traffic on Rt 6A becomes an issue a detail officer maybe required Health Dept. Comments received from Sherrie McCullough The Brewster Historical Society Farmers’ Market and its vendors shall operate in accordance with the Brewster Health Department’s Farmers’ Market Policy. All food service vendors must be appropriately licensed through the Brewster Health Department a minimum of two weeks prior to the first market date. Any new vendors, after the start of the farmers’ market season, must be licensed accordingly as well. Building Dept. Comments received from Davis Walters The Brewster Building Dept. currently has no comments regarding this application Fire Dept. Comments received from Chief Moran All tents shall have a permanently affixed label indicating appropriate fire-retardant ratings. Multiple tents placed side by side shall have a 12 ft. fire break clearance on all sides for every 700 square feet of tent (Ex. When seven 10’ x 10’ (or greater) tents are placed side by side there shall be a 12’ break every 700’ or less dependent on size of tent. Parked vehicles or internal combustion engines such as generators shall not be located closer than 20 feet to any tent or membrane structure 400 sq ft or more and/or multiple tents placed side by side with an aggregate area of 700 sq ft. For the purpose of determining required distance, support ropes and guy wires shall be considered as part of the temporary membrane structure or tents. Access to field vendors by fire department vehicles shall not be blocked. All lanes in between tents shall be no less than 12' in width. 5. No parking on interior roads shall be permitted. A separate parking area with lanes (rows) in between vehicles of no less than 20’ shall be provided. Town Administration Comments received from Noelle Aguiar, Conservation Administrator The Brewster Historical Society is responsible to remove all trash at the end of their events. For the Harvest Moon Event, there is also a craft fair that weekend. The craft fair host is aware and has agreed to shared usage. However, since this will double the number of attendees, the Police Department should be made aware in the event a police detail is needed for parking. Also, for this event, BHS will need to supply their own porta-johns. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Application#22-06 www.brewster-ma.gov Page 2 of 2 5/5/2022 For any entertainment (amplified music) an entertainment license is required through the Town Admin. Office in advance. There is to be no crossing or parking on any paved path areas. Please provide them with the attached policy regarding plastic water bottles. Any temporary signs to be placed at Drummer Boy, must go through the Building Department for approval.