HomeMy Public PortalAboutZBA Meeting Packet 07/13/21
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
July 13, 2021 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.
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To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to
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Zoning Board
Brian Harrison
Chair
Arthur Stewart
Vice Chair
Jeff Carter
Patricia Eggers
Jeannie Kampas
Bruce MacGregor
Town Planner
Ryan Bennett
Senior Department
Assistant
Ellen Murphy
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Approval of Meeting Minutes:
5. Continued Applications:
6. #19-37 Applicant: 19 Muskrat Lane LLC. (Represented by Attorney Benjamin
Zehnder), 19 Muskrat Lane, MAP103 LOT 9, in the RM zoning district. The
applicant seeks an Appeal of the Building Commissioners decision that a boat
storage shed, kayak rack and roll out boardwalk are not permissible uses on
the property in the RM zoning district under MGL 40A § 8 & 15, and Brewster
Zoning Bylaw §179 6-D(4).
#21-14 Applicant: Joshua & Sarah Brunelle. 169 Fiddler’s Lane, Map 48, Lot 35, in the
RM zoning district The applicants seek a Special Permit pursuant to Bylaws §179-25B in
order to replace a pre-existing non-conforming covered brick porch with a non-
conforming covered wood porch.
#21-17 Applicant: Richard and Tracey Walz. 83 Greenland Pond Road, Map 94, Lot,
22, in the RL zoning district. The applicant seeks a Variance pursuant to MGL c. 40A §10
and Bylaws §179-57 in order to install a standard Title V septic system, vs. an
Innovative/Alternative (I/A) treatment system for a 2-bedroom dwelling. Property is
located in the Zone II
7. Matters Not Reasonable Anticipated by the Chair
8. Next Meeting: August 10, 2021
9. Adjournment
Date Posted: Date Revised: Received by Town Clerk:
6/29/2021
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TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Tuesday, June 8th, 2021, at 7PM
Virtual Meeting
Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members:
Bruce MacGregor, Patricia Eggers, and Jeannie Kampas, Art Stewart. Jeff Carter was absent. A quorum was determined.
Also present: Applicants: Adrienne Trautman-Maier, Richard and Tracey Walz, Ryan Bennet (Town Planner) 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 May 11th meeting minutes
A motion was made by Pat Eggers to approve the May 11th, 2021, meeting minutes, Art Stewart second the
motion, a vote was taken: Brian, Pat, Art, Bruce, and Jeannie approved the minutes unanimously.
Continued Applications:
Application Review of #21-13, Applicant: Michael J. Hagan, 71 Weathervanes Way.
Members present and voting: Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison
Brian informed the Board that the applicant is requesting to withdraw without prejudice. The applicant has
decided to reduce the size of the shed within the requirements and will not need approval from the ZBA.
Pat made a motion to approve the request for withdrawal without prejudice, Art second the motion, a vote
was taken and approved unanimously.
Application Review of #21-14, Applicant: Joshua & Sarah Brunell, 169 Fiddler’s Lane, represented by David Lyttle.
Members present and voting: Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison
No one was present for ZBA #21-14. Pat made a motion to continue ZBA #21-14, Bruce second the motion,
a vote was taken and the Board approved a continuance for #21-14 unanimously.
New Applications:
Application Review of #21-16, Applicant: Adrienne Trautman-Maier, 1187 Main Street. Members present and
voting: Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison.
Brian read the request for a special permit to operate a seven (7) bedroom Bed and Breakfast with a
separate cottage containing a kitchen. The applicant provided background of the property to the Board.
She indicated that she is requesting the license be transferred into her name since it does not automatically
transfer with the sale of the property. She stated that in the process of purchasing the property she
discovered there is a kitchen in the guest cottage located in the back of the property. She indicated that the
kitchen never went through any permitting with the town, and she wanted to ensure the town was aware.
Art questioned the cottage and when it was considered a separate dwelling. The applicant indicated that it
was permitted in 2003, for use as a guest cottage but used as the Innkeepers quarters. It was designed as a
bedroom and bath on the second floor with living space on the first floor. It is not clear as to when the
kitchen was added. It was not until the purchase did the applicant realize the kitchen was not mentioned in
the documents. Ryan clarified that the kitchen was not formally permitted through the Building
department, the building itself was permitted, but because it is functioning as part of the Inn, there is no
proposal at this time for the cottage to be a second dwelling. The second kitchen is considered part of the
overall operation of the Inn. There is not a second dwelling issue at this point. The applicant explained to
the Board that to accommodate seven guest rooms in the Inn the cottage was used for the Innkeeper’s
quarters. Jeanne expressed support stating that it is operating as part of the Inn. Ryan also commented
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that it is in compliance with title 5. Bruce suggested the Board view the permits. Art reference the building
inspector’s comment the kitchen can only be used if tied to the Inn. Brian suggested that the Board
conditioned the use of the kitchen as part of the operation of the Inn and file it with the Barnstable County
Registry of Deeds. The Board referenced a letter of support from an abutter. There be no other public input
Art made a motion to approve ZBA case # 21-16 to transfer the use to operate a seven (7) bedroom Inn
including a separate building with the unpermitted kitchen be used only by the Innkeeper and not to be
rented out as a separate dwelling, Pat second the motion. A vote was taken, and the Board unanimously
approved the application.
Application Review of #21-17, Applicant: Richard and Tracey Walz, 83 Greenland Pond Road. Members present
and voting: Brian Harrison, Pat Eggers, Jean Kampas, Art Stewart and Bruce MacGregor.
The applicant provided background to the Board. He stated that his realtor contacted the Town requesting
if the lot the applicant was buying was acceptable for a two-bedroom dwelling with a standard size title 5
septic system. He stated that the Town approved it in an email and therefore he proceeded to purchase the
property. He indicated that he spoke to two town officials who agreed that it was a buildable lot for a two-
bedroom dwelling and a standard title 5 septic system. He hired an engineer to design the title 5 plan for
the building permit, submitted it to the Board of Health and it was approved. In October 2020 he submitted
a building application with the supporting documents to the Building department. In December of 2020 he
was notified by the Building department that he would be required to install an Innovative and Alternative
Treatment System with the title 5 system. The applicant referred to the nitrogen level tables created by the
engineer. He requested the Board consider granting a variance for a standard Title 5 septic system for a
two- bedroom dwelling. He indicated it will be a great expense and hardship to install and maintain a IA
Treatment system for a retirement home. The Board discussed the nitrogen level tables produced by the
engineer that were included in the meeting packet. Ryan indicated that the Building Commissioner
accepted the building permit with the condition that an IA Treatment system would be installed, and the
applicant is seeking a variance for the standard Title 5 system. The applicant indicated that the Building
Commissioner advised him to apply for a variance. Art asked when the law was adopted. Ryan confirmed
that the Water Quality Protection District by-law was initially adopted in 2008 and was amended in 2009 to
include the nitrogen loading performance threshold which were written into the zoning bylaws. These
zoning by-laws are enforced by the Building Commissioner and therefore building is not determined by the
Board of Health. The Board agreed that the requirements for a variance were not satisfied at this time.
Ryan also indicated that the applicant had 30 days to appeal the Building Commissioner’s decision on
January 5, 2021, however the applicant did not submit an application within the 30-day appeal period. The
Board discussed different options and suggested that the applicant request a continuance until the next
meeting on July 13th. The applicant agreed to a continuance and Pat made a motion to grant a continuance
until the July 13th meeting, Bruce second the motion, a vote was taken and approved unanimously by the
Board.
Re-organization of ZBA
The Board unanimously voted for Brian Harrison to continue as ZBA Chair. Art informed the Board he will
step down from the Board and Vice Chair when a new member joins. The Board voted unanimously to have
Art continue on the Board as Vice Chair until new members are appointed.
Matters Not Reasonably Anticipated by the Chair:
Nothing to report.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for July 13th, 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 8:17 pm.
#19-37 Applicant: 19 Muskrat
Lane LLC.,
Represented by Attorney
Benjamin Zehnder
No New Materials Submitted
#21-14 Applicant:
Joshua & Sarah Brunelle,
169 Fiddler’s Lane
Represented by David Lyttle
Rvderilcox
SURVEYING • ENGINEERING
HOME PLANNING & DESIGN
CASE #21-14
Joshua and Sarah Brunelle
169 Fiddlers Lane
Special Permit Criteria
3 GIDDIAH HILL ROAD • P.O. BOX 439
SO. ORLEANS, MASSACHUSETTS 02662-0439
TEL 508.255.8312 FAX: 508.240.2306
EMAIL: info@ryder-wilcox.com
1) The porch replacement is consistent with the purpose and intent of Brewster's Comprehensive Plan
2) The replacement will maintain the visual character of the dwelling
3) The site is suitable for the replacement
4) There will be no new impact on access to the site for the purpose of access by all emergency vehicles
5) There will be no new impact on traffic flow or safety on Fiddler's Lane
6) There is no impact on the number of trips by the applicant to and from the site
7) Parking on the site is not impacted by the porch replacement
8) The site is currently suitably landscaped
9) The dwelling is served by a Title 5 Sewage Disposal System
10) The adequacy of utilities and public service are not impacted
11) The porch replacement will pose no new impact to groundwater quality or coastal water quality
12) The property is not located in an area identified by NHESP as a site of special concern. The proposed
work will pose no adverse impact to wildlife habitat
13) The porch that was removed had a 5.8' front yard setback from the Fiddler's Lane cul-de-sac. The
proposed porch will have a 5.1' setback to the right of way. Other than the relief requested for the
minor change, the porch will comply with all application provisions of the Zoning Bylaw
We believe the use of the new porch will be in harmony with the purpose and intent of the Zoning Bylaw
and that the porch replacement will not be detrimental to the surrounding neighborhood and Town.
#21-17 Applicant:
Richard & Tracey Walz,
83 Greenland Pond Road
No New Materials Submitted