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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. 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 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 Page 1 of 2 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 Page 2 of 2 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