HomeMy Public PortalAboutZoning Board of Appeals -- 2022-08-09 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES FUREI1.1STER T01111111 CLERKTuesday, August 9th, 2022, at 7PM ,:2 -,c c
Virtual Meeting + L 0C s 2-' 2'105 Ffl
Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Jell
Carter, Bruce MacGregor, and Trish Metz.
Also present: Attorney Andrew Singer, Attorney Alex Weisheit, Anne McManus, Attorney David Reid, Thomas Moore,
Gregory Pavlov, James Hardman, 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.Rov0
Review and Approval of April 12th meeting minutes:
Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by Jeff
to approve the May 10th meeting minutes, Bruce seconded the motion, a vote was taken, and the minutes were
unanimously approved.
Continued Applications:.........
• ZBA case #2149 Applicant: Latham Centers, Inc. (Represented by Attorney Andrew Singer), 1439 Main Street.
Members present and voting: Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, and
Trish Metz.
The Chair, Brian Harrison informed Attorney Singer that there were only 4 Board members to hear the remand
case. He stated that the 4th member is new to the Board but has been through the Mullin rule process and has
read up on the case. Brian asked Attorney Singer if he would like to proceed with only 4 members and if he was
comfortable with Trish Metz, the new member of the Board, hearing the case. Both Attorney Weisheit (Town
Counsel) and Attorney Singer agreed that the remand case could be heard by the 4 Board members present. He
requested Attorney David Reid, representing the abutters join the meeting as well as Anne McManus from the
Latham Centers. Attorney Singer provided background on the case, stating that the ZBA granted a special
permit for case #2149 and an appeal was filed by Attorney David Reid representing the abutters. An agreement
with the abutters was determined and the remand is being presented. Attorney Singer stepped through the
letter submitted on June 15th that was included in the Board's meeting packet, outlining the changes agreed
upon, including one site plan and four conditions. Attorney Singer is requesting the Board approve the amended
decision. He referred to the revised plan included in the meeting packet labeled sheet 4A, dated August 1, 2022,
which shows the elimination of the middle building on the property. All other proposed site upgrades as
previously approved remain without change. He reminded the Board that the use is protected under M.G.L.
Chapter 40A, Section 3. He informed the Board that the request for Variance in accordance with Section 179-52
of the Brewster Zoning by-law and M.G.L Chapter 40A, section 10 from the provisions of Sections 17945 and
179-16, Table 3 (cupola height) is no longer necessary based on the plan changes. Attorney Singer is therefore
requesting to withdraw without prejudice. His request for the Board is to approve the amended Special Permit.
He then stepped through the four conditions that were worked out with Attorney Reid and his clients and asked
the Board to incorporate the conditions into their decision. Brian asked the Board if they had any questions,
there being none he asked Attorney Reid if he wanted to speak on behalf of his clients. Attorney Reid provided
some background information stating he was representing Kathleen Megan Kelleher, who lives directly behind
Latham Centers. He informed the Board that his client is very happy with the proposed changes, and he asked
the Board to adopt the conditions as outlined in Attorney Singer's June 15th letter. There being no public input
the Board voted unanimously to close to public input. Jeff made a motion to approve the amended special
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permit 21-19, Bruce seconded the motion, The Board unanimously voted to approve the amended special
permit incorporating the updated plan and conditions. Attorney Singer formally requested to withdraw without
prejudice the variance request. Jeff made a motion to withdraw without prejudice, Bruce seconded the motion,
the Board voted unanimously to allow a requested variance to be withdrawn without prejudice. Attorney Singer
will draft the 21-19 decision.
New Applications:
• ZBA case #22-08 Applicant: Gregory Pavlov (represented by Thomas A. Moore Design Company), 43 Clark
Road.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, and Trish Metz.
Brian asked Thomas Moore representing the applicant Gregory Pavlov if he would like to proceed with only four
Board members voting. Mr. Moore agreed to proceed. He provided background on the application informing
the Board they are requesting a special permit to build an addition to a pre-existing non-conforming structure
because the existing front yard setback is 31.1 feet where a 40400t front yard setback is required. He provided
details on the addition and indicated originally it was two lots that were combined in 2008. There being no
public input the Board voted unanimously to close to public input. The Board discussed the request and found
that the proposed alterations were not substantially more detrimental than the existing nonconforming
structure on the neighborhood. Trish Metz made a motion to approve special permit #22-08, Bruce seconded
the motion, a vote was taken, and the Board voted unanimously to grant special permit #22-08.
• ZBA case # 22-09 Applicant: James A Hardman III & Christine S. Hardman, 217 Wayside Drive.
Members present and voting: Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, and
Trish Metz.
Brian informed Mr. Hardman that there were only 4 voting Board members and asked him if he wanted to
proceed. Mr. Hardman agreed to proceed. He provided the Board with background on the property and
informed the Board that he and his wife would like to age in place and therefore, need to build an addition on
the east side of the property in order to stay in the home. He indicated that due to the sloping of the property
the east side is the only option. He informed the Board the proposed addition is in keeping with the style of the
house and neighborhood. It would provide him with two bedrooms and two bathrooms on one floor and would
allow him to remain in the house and age in place. He indicated with high housing prices it is not feasible for
him and his wife to sell his home and move. Brian asked the applicant if he understood a variance and the
findings in order for the Board to grant a variance. Brian read the conditions of a variance to Mr. Hardman. Jeff
asked why the proposed addition would have to be on the east side of the house. Mr. Hardman indicated that
he could not put the addition on the west side of the house because of the driveway and garage and the septic
system is on the north side of the house. Mr. Hardman provided pictures to the Board of the grade/slope of the
yard, indicating there is only one viable side of the property to build the proposed addition. He informed the
Board that the abutting lot where he would like to build the addition is a vacant lot, owned by the neighbors in
the house next to the lot. Bruce asked if Mr. Hardman discussed the proposed addition with the abutting
neighbor and Mr. Hardman informed the Board that the neighbor agrees, and he will provide a letter of support.
Brian reminded the Board that although there have been no opposing abutters their may be in the future. Mr.
Hardman agreed that they cannot predict the future. The Board requested additional information such as more
detailed maps of the lot and photos. It was suggested that case #22-09 continue until the next meeting. Brian
outlined the criteria for granting a variance. Trish made a motion to continue ZBA case # 22-09, Jeff seconded
the motion, the Board voted unanimously to continue until the next ZBA meeting on September 13tH
Matters Not Reasonably Anticipated by the Chair:
• Brian thanked Trish Metz for joining the Zoning Board of Appeals and welcomed her. He thanked Jean Kampas
for her service on the Board.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for September 13th, 2022.
Jeff made a motion to adjourn the meeting, Bruce seconded the motion, the vote was taken, and the Board unanimously
voted to adjourn. Vote: 4-0-0. Meeting adjourned at 8:01 pm.
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