HomeMy Public PortalAboutZoning Board of Appeals -- 2022-12-13 MinutesTOWN OF BREWSTE,R ZONING BOARD OF APPEALS
MEETING MINUTES
Tuesday, December 131h, 2022, at 7PM
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: David Schlesinger, Tina Sylvester, Stephen Brown, Alex Weisheit (KP Law, Town Counsel), Jon Idman
(Town Planner), Davis Walters (Building Commissioner) 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 October 11th 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 October 11th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes
were unanimously approved.
New Applications:
• ZBA case #22-14 Petitioner: Great Cape Co-op, Inc., (represented by David Schlesinger) 2624-2628 Main Street,
Map 89, Lot 14.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz.
Brian informed David Schlesinger representing the petitioner the ZBA's role is to rule on zoning issues only. Mr.
Schlesinger acknowledge that he understood the Board could only decide on zoning issues but expressed
confusion on the department review comments, specifically from the Health Department. He expressed his
disappointment in the Cease and Desist from the Town and believed there were some facts but also some fiction
stated and therefore it was difficult to sort through. He questioned who is responsible from the Town. Brian
informed Mr. Schlesinger zoning and building code issues are directed to the Building Commissioner who is the
Zoning Enforcement officer. Brian suggested if there is still confusion on the petitioner's part after the hearing
then he should reach out to the Building Commissioner to gain a better understanding. Brian started the
discussion with the list from the petitioner. It was suggested by the Building Commissioner that a possible
solution for the apartments above the Burgess House would be an ADU (Accessory Dwelling Unit), however
according to the materials in the review packet for the Board there are no building or occupancy permits. Mr.
Schlesinger indicated there are occupancy permits from 1985 but not for an ADU. Jeff asked if the occupancy
permit was for commercial or residential. Mr. Schlesinger indicated that the building permit was for apartments
and the occupancy permit is for commercial. He informed the Board that originally the building was housing for
workers. Brian questioned whether is was legally permitted. Mr. Schlesinger understood the building was not
legally permitted but they are working with an architect to get the building up to code. Brian highlighted the
petitioner agrees that this is a code violation. Mr. Schlesinger agreed it is a violation but the apartments have
been used for 37 plus years. Brian highly recommended the petitioner work with the Town Planner and the
Building Commissioner to decipher what is permitted and what needs to be permitted. Mr. Schlesinger agreed.
Brian moved onto the next item on the list, a restaurant lacking a Limited Service Restaurant (LSR). The
commercial kitchen did not receive a special permit as part of a limited service restaurant. Mr. Schlesinger
disagreed with this violation and informed the Board that permits had been granted. The owner/operator of the
restaurant Peter Duff met with the town. Alex Weisheit, Town Counsel suggested the Building Commissioner
comment. Building Commissioner, Davis Walters informed the Board he had no recollection of meeting with
anyone regarding a special permit for the restaurant. Brian asked the Building Commissioner if he had any
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building permits for.the apartments in the Burgess House. The Building Commissioner indicated he'has a
building permit for when the building was originally moved and remodeled. He informed the Board the only
indication he has that there were apartments on the second floor are on the plans that list "APT" in the two
spaces. There is no wording to that effect in the building permit narrative. There is no certificate of occupancy
for the building which is required. Brian informed Mr. Schlesinger that at the very minimum he will need a
certificate of occupancy and he may be required to re -apply for the building permit if it has expired. Mr.
Schlesinger reverted back to the limited service restaurant discussion displaying a written letter from the
owner/operator of the Fair and Just restaurant that he provided the town with the special permit the day after
the cease and desist order. Brian strongly suggested again that Mr. Schlesinger meet with the Building
Commissioner and provide the documents. He reminded Mr. Schlesinger the reason he is in front of the ZBA, is
to appeal zoning issues if he has building code issues there is a Board in Boston to appeal building code issues.
The Building Commissioner indicated he did have a conversation with the restaurant owner/operator during an
onsite inspection and informed him that it is the responsibility of the owner of the building to obtain the
appropriate permits.
Tina Sylvester, working with Mr. Schlesinger, joined the meeting to discuss the next violation involving
campgrounds, campers in a flood zone and the septic. She shared her screen displaying the zoning for campers
and provided background on the camper she and her family were living in. She argued that campers are allowed
as long as you have permission from the owner. She indicated that they are in the process of moving the
_campers out. She informed the.Board she has temporary housing until April but after April her and_her_family
will be homeless. Alex Weisheit, Town Counsel stated the bylaw refers to overnight cabins not campers. Ms.
Sylvester disagreed and referred to the reference of automobile trailers. Jeff commented on the trailer and
indicated there is a bylaw 71-13 prohibiting trailers. The Building Commissioner acknowledge there may be
conflicts in the bylaws but we need to stick to the zoning bylaws. Brian indicated the zoning bylaw is clear that
there is a violation.
Brian suggested continuing down the list. They discussed the herb shop retail use special permit requirement.
Ms. Sylvester informed the Board that they use part of the herb shop for storage and processing of the herbs,
and they have a special permit for retail. Brian suggested the Board review the special permit. Mr. Schlesinger
highlighted the area used for retail and the area used for storage or processing on the field card. Brian
reminded Mr. Schlesinger that the Board needs to see the special permit to justify the use. The Building
Commissioner stated the original order for the herb shop which he believes was sent out in April, was ignored.
He indicated that it wasn't until the September 9th enforcement letter was sent out that they chose to close the
herb shop. He expressed disappointment that no one reached out to discuss prior to the enforcement letter.
Ms. Sylvester did not believe the herb shop was in violation. Brian suggested more information is required for
the Board to continue the hearing. Stephen Brown joined the hearing but unfortunately was no able to connect.
Next, they reviewed the yard side setback for the red cottage. Mr. Schlesinger indicated that the site plan it is
closer to 50 ft. The Building Commissioner asked what site plan Mr. Schlesinger was referring to. Brian asked
for a copy of the site plan. He informed Mr. Schlesinger the Board needs to see a certified site plan. The
Building Commissioner stated he needs a certified site plan of the two properties. Alex Weisheit, Town Counsel
stated the owner, Mr. Brown in terms of liability, is legally responsible for addressing the violations. Mr.
Schlesinger will provide the certified site plan to the building department so the violations can be addressed.
Unregistered vehicles are in the process of being moved off the property. The Building Commissioner agreed
that all but one vehicle has been removed. This issue has been resolved. Mr. Schlesinger informed the Board it
is their intention to bring the property in good standings with the town. The next two items on the list were
determined to be a building code issues and not zoning.
The Board decided they cannot rule against the zoning enforcement letter until additional information from the
petitioner is provided. The Chair suggested any special permits and a certified site plan is needed. He also
suggested the petitioner meet with the Building Commissioner to sort out any confusion in order to move
forward. The Board agreed and a suggestion was made to continue the hearing until February 7th, Ms. Sylvester
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and Mr.:Schiesinger requested the Building Commissioner.allow the herb shop to be opened until a decision has,.
been made by the ZBA. The Building Commissioner agreed to allow the herb shop to be opened as long as the
storage space remain as storage space. Brian made a motion to continue ZBA case #2144 until February 7th, Pat
seconded the motion a vote was taken, and the Board approved unanimously to continue ZBA case #21-24.
ZBA case #22-15 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 next ZBA hearing on Tuesday,
January 24th. Brian made a motion to approve the requested continuance, Pat seconded the motion a vote was
taken and the Board unanimously approved ZBA case #22-15 be continued until the January 24th hearing.
Matters Not Reasonably Anticipated by the Chair:
• Ellen informed the Board that the proposed 2023 ZBA schedule was included in the meeting packet and asked if
anyone had any conflicts. Bruce informed the Board he will not be attending the February 71h ZBA hearing.
There were no other unforeseen conflicts.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for January 24th, 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: 5-0-0. Meeting adjourned at 8:15 pm.
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