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Home My Public Portal AboutZoning Board of Appeals -- 2023-01-24 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES r: ;,-,iF.... T,,. Tuesday, January 24, 2023, at 7 PM �ri { rc Virtual Meeting Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Jeff Carter, Bruce MacGregor, Patricia Eggers and Trish Metz. Also present: Jean Leidenfrost (ZBA 1123-01 applicant), Julius Smith and Melissa Comeau (ZBA #23-02 applicants), Stevie Carvalho (representing ZBA #23-02 applicants), Steven Souza (ZBA #23-03 applicant), Stephanie Sequin PIE, Ryder & Wilcox, Inc. (representing ZBA #23-03 applicants), 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 December 13th 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 December 13th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were unanimously approved. Brian announced the ZBA will begin in-person meetings in March. He stated that the ZBA has openings for 4 alternate members. All interested parties can obtain the information on the Town's website under the Select Board section. Continued Applications: • ZBA case #2245 Owner/Applicant: Remington's Trust, Peter T. Lomenzo & Kerry Barton, Trustees, 61-63 A. P. Newcomb Road, Map 25, Lot 75. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. The Chair informed the Board the applicant is requesting a continuance until the ZBA hearing on Tuesday, March 14th. Pat made a motion to approve the requested continuance, Bruce seconded the motion a vote was taken and the Board unanimously approved ZBA case #2245 be continued until the March 141h hearing. New Applications: • ZBA case #23-01 Owner /Applicant: Jean &Francis Leidenfrost, 111 South Orleans Road, Map 142, Lot 2. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. Jean Leidenfrost presented her request for a special permit for an ADU within the Pleasant Bay Watershed. She stated the plans are to build a garage with an apartment above it for their son who works on the cape. She confirmed there is ample parking. Brian asked if the Board has any questions for the applicant. There being no questions from the Board, Pat made a motion to open to public input, Bruce seconded the motion, all were in favor. There being no additional public input besides the letters of support that were included in the meeting packet a motion was made to close to public input by Pat and seconded by Trish, a vote was taken, and all were in favor. Brian read aloud the criteria in order to grant the special permit. The Board determined the request met all of the 13 criteria and a motion was made by Trish to grant the special permit, Bruce seconded the motion, a vote was taken, and the Board unanimously approved the special permit for ZBA #23-01. • ZBA case #23-02 Owner/Applicant: Julius Smith (represented by Stevie Carvalho, E.I.T., Farland Corporation, Inc.), 0 South Orleans Road, Map 142, Lot 9. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz, Julius Smith and Melissa Comeau presented the application for a special permit for an ADU within the Pleasant Bay Watershed. They stated when the land was purchased, a site plan with an ADU was included. They are hoping to move forward with the plan for the ADU to help their three adult children. They confirmed the planned septic system will support the ADU as well as the proposed main house. Brian asked the applicants if Page 1 of 2 they planned to do any commercial activity on the property. They informed the Board they have no plans for commercial activity. Bruce questioned why the 2nd sheet of the application under the data section was left blank. Stevie Carvalho from Farland Corporation representing the applicants informed the Board the project meets all the setbacks. He shared his screen to provide the Board with the data table requested. Pat questioned the plan referencing a two bedroom. The applicant informed the Board the office will be a bedroom and has submitted updated plans with the Building Department. The Board requested an updated plan outlining two bedrooms as a condition if the application is granted. Pat asked about the setback on the deck and the applicant informed the Board the deck at its closest is 14ft. from the property line. There being no more questions from the Board, Pat made a motion to open to public input, Bruce seconded the motion and the Board voted unanimously to open to public input. There being no public input besides the documentation received from the public in the meeting packet, Pat made a motion to close to public input, Bruce seconded the motion, a vote was taken, and the Board unanimously approved to close to public input. There being no more discussion, Brian read aloud the criteria in order to grant the special permit. The Board determined the request met all of the 13 criteria and a motion was made by Bruce to grant special permit #23-02 as shown on the plan with an updated floorplan showing two bedrooms and no office, Jeff seconded the motion, a vote was taken, and the Board unanimously approved the special permit for ZBA #23-02. • ZBA case #23-03 Owner/Applicant: Steven S. & Theresa M. Souza (represented by Stephanie J. Sequin, P.E., Ryder & Wilcox, Inc.), 11S South Orleans Road, Map 142, Lot 3. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. Stephanie Sequin from Ryder & Wilcox representing the applicants presented the application requesting a special permit for an ADU within the Pleasant Bay Watershed. She provided background on the property indicating the applicant is proposing a detached garage with a one -bedroom ADU on the second floor for their son. She confirmed the proposed garage meets all the setbacks required. They are proposing a new Title 5 system which will connect both the ADU and the main house and include a nitrogen reduction component which has been submitted to the Health Department. The ADU meets the requirements and shows two parking spaces which meets the criteria. There being no more questions from the Board, Pat made a motion to open to public input, Jeff seconded the motion and the Board voted unanimously to open to public input. There being no public input besides the documentation received from the public in the meeting packet, Pat made a motion to close to public input, Trish seconded the motion, a vote was taken, and the Board unanimously approved to close to public input. Jeff made a motion to approve a special permit for an ADU, application #23-03, Steven and Theresa Souza, Map 143, Lot 3, 115 South Orleans Road, Pat seconded the motion, a vote was taken, and the Board unanimously approved ZBA #23-03. Matters Not Reasonably Anticipated by the Chair: • none The next meeting of the Brewster Zoning Board of Appeals is scheduled for February 7th, 2023. 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-O-0. Meeting adjourned at 7:40 pm. Page 2 of 2