HomeMy Public PortalAboutZoning Board of Appeals -- 2022-09-13 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES BREt6TER TOWN CI ERf
Tuesday, September 13th, 2022, at 7PM
Virtual Meeting '? I][:' 0/ � 1051' i
Brian C11 rison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Jeff
Carter, Bruce MacGregor, Patricia Eggers and Trish Metz.
Also present: James Hardman, Donna and Michael Childers, Paul Mullin, Robert Perry, representing William and Diane
O'Connor 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 August 9th meeting minutes:
Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by
Bruce to approve the August 9th meeting minutes, Jeff seconded the motion, a vote was taken, and the minutes
were unanimously approved.
Continued Applications:
• ZBA case #22-09 Applicant: James A Hardman III & Christine S. Hardman, 217 Wayside Drive, Map 129, Lot 7.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz.
Mr. Hardman informed the Board that he provided additional documents and photos. They were included in the
meeting packet. He provided information regarding the elevation of his property and the reasoning behind the
request. He indicated that the proposed addition is 6' from the property line of 26 Grist Mill Rd. He stated that
he spoke to the abutting neighbor, and confirmed he is supportive of the proposed addition. He also informed
the Board that the addition would not be detrimental to the neighborhood. The abutting lot is partially in
Brewster and partially in Harwich and the lot cannot be subdivided due to the elevation. Brian asked who told
him he needed a variance. Mr. Hardman confirmed that no one in the Town informed him he needed a
variance, he assumed he needed a variance. Brian asked the Board if a special permit is required rather than a
variance. The side setback requires 20 and Mr. Hardman's plans show 18' setback which indicates it is pre-
existing non -conforming. Pat Eggers disclosed to the Board she knows the applicant but will be fair when
hearing the case. The Board discussed the option to grant a special permit due to the property being pre-
existing non -conforming. The Board opened to public input, there being no one from the public to speak or any
previous public input, a motion was made to close to public input by Pat and Bruce seconded the motion, a vote
was taken, and the Board unanimously approved to close to public input. The Board discussed the lot and
abutting lot that is split between Brewster and Harwich. After discussion, Trish made a motion to grant a special
permit for ZBA #22-09, Pat seconded the motion, Brian listed the findings in support of granting the special
permit, a vote was taken, and the Board unanimously voted to grant ZBA case 22-09 a special permit.
New Applications:
• ZBA case #2240 Applicant: Michael and Donna Childers, 569 Satucket Road, Map 23, Lot 5.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz.
The applicants Donna Gorton -Childers and Michael Childers provided background on the project. They informed
the Board of the intent to build a single car garage requesting a dimensional variance. They stated the proposed
project is not detrimental to the neighborhood. Brian Harrison read the findings that must be satisfied in order
to obtain a variance. The applicants informed the Board the original plan indicated there were no issues with
the setback requirements. They were informed that it was not a certified survey and the architect who drew up
the plans obtained a certified survey which indicated the applicants were 4' over the setback requirement.
Brian informed the applicants that in order to grant a variance they must meet all criteria. Brian suggested the
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applicants consult an attorney that might be able to advise them on satisfying the criteria for a variance. Bruce
asked the applicants if they considered repositioning the proposed garage by sliding it towards the street. The
applicants will consult their contractor to redesign the proposed garage. Brian suggested the applicants request
a continuance to provide them additional time to consult their contractor. Brian made a motion to continue ZBA
case #22-10 until the next meeting on October 11, 2022, Bruce seconded the motion a vote was taken, and the
Board unanimously approved to continue to the next meeting.
• ZBA case # 2241 Applicant: Paul Mullin, 159 Millstone Road, Map 101, Lot 100.
Members present and voting: Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat
Eggers and Trish Metz.
Paul Mullin, the applicant is requesting a section 9 special permit to add an ADU to his property. Pat Eggers
disclosed to the Board she knows the applicant but will be fair when hearing the case. The applicant informed
the Board he has an apartment in his basement. He referred to the pictures provided and informed the Board
he has a 3 -bedroom septic with a two-bedroom house. He is requesting a section 9 special permit for an ADU
with a 30,000 sq ft lot. Brian confirmed the comments from the Health Department. Jeff asked about the
parking and the applicant informed him there is plenty of parking for at least 4 cars. Bruce asked if Mr. Mullin
lives in the house. He informed the Board that he currently does not live in the house but is planning to move
in. Pat made a motion to open to public input, Trish seconded the motion and the Board voted unanimously to
open to public input. There being no public input, Pat made a motion to close to public input, Trish seconded
the motion and the Board voted unanimously to close to public input. Bruce made a motion to grant ZBA case
#2241 a section 9 special permit, Pat seconded the motion, Brian read the section 9 criteria. The Board voted
unanimously to approve ZBA case #2241.
• ZBA case #2242 Applicant: William F and Diane O'Connor, (represented by Robert Perry, Cape Cod
Engineering), 108 Kingfisher Cartway, Map 91, Lot 11.
Members present and Voting: Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat
Eggers and Trish Metz.
Bob Perry representing the applicants presented to the Board the request for a special permit or an alternative a
dimensional variance. Mr. Perry provided background on the project, informing the Board that they have
approval from the Conservation Commission and will be working with the Health department. The applicants
are requesting a raze and replace of the current non -conforming single-family dwelling. The only footprint
changes relate to a cellar access and door stoops. He referred to the narrative and the plans provided in the
meeting packet. Mr. Perry informed the Board that there have been several surrounding properties that have
undergone similar changes. The Board felt the narrative and the plans were very complete. Jeff made a motion
to open to public input, Pat seconded the motion and the Board voted unanimously to open to public input.
There being no public input, Bruce made a motion to close to public input, Jeff seconded the motion and the
Board voted unanimously to close to public input. Trish made a motion to grant ZBA case #2242 a special
permit for the reasons stated in the application, Pat seconded the motion, the Board voted unanimously to
approve ZBA case #2242. Mr. Perry will draft the decision and send it to Ellen. Pat made a motion to withdraw
the variance request for ZBA #2242, Bruce seconded the motion. The Board voted unanimously to withdraw
the variance request.
Matters Not Reasonably Anticipated by the Chair:
• Ellen informed the Board that the November 8th meeting will need to be rescheduled due to the election.
She suggested to move the meeting to November 15th. The Board agreed to meet on November 15th
The next meeting of the Brewster Zoning Board of Appeals is scheduled for October 11th, 2022.
Pat made a motion to adjourn the meeting, Bruce seconded the motion, the vote was taken, and the Board unanimously
voted to adjourn. Vote: 5-0-0. Meeting adjourned at 8:02 pm.
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