HomeMy Public PortalAboutZoning Board of Appeals -- 2022-10-11 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES r;r'f R fl:i_RK; E
Tuesday, October 11th, 2022, at 7PM �lµ_lE,h,.,
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: Joe Corcoran, Attorney Ben Zehnder, representing 178 Bonnie Doone Cartway, LLC, Mark Wilson,
representing Ten Lots Association 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.govI
Review and Approval of September 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 September 13th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes
were unanimously approved.
Continued Applications:
• ZBA case #22=10 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.
Brian informed the Board that a request to withdraw without prejudice has been submitted and signed by the
chair. Pat made a motion for ZBA case#22-10 to withdraw without prejudice, Trish seconded the motion, a vote
was taken, and the Board unanimously voted to grant ZBA case 2240 the request to withdraw without
prejudice.
New Applications:
• ZBA case #22-13 Applicant: 178 Bonnie Doone Cartway, LLC, (represented by Attorney Benjamin E. Zehnder)
178 Bonnie Doone Cartway, Map 102, Lot 13.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz.
Attorney Ben Zehnder representing the applicant. Attorney Zehnder provided background information
regarding the approval of ZBA case # 21-22. He indicated that the applicants are requesting to reorient the
driveway going into the property and create a different driveway plan. He referred to the site plan with the
change in the driveway. This request would amend the previous plan for the driveway. He stated that the
applicant has reached out to the town Water Department with the change and referred to the email from Paul
Anderson from the Water Department agreeing to the easement proposed. Bruce questioned why the driveway
is being moved. Attorney Ben Zehnder stated the applicant is moving the driveway to create more privacy from
the road. He also confirmed the width of the driveway will remain the same. Plans for the existing driveway will
be for the brush to grow over. Pat asked if there were additional plantings that could be used to cover the
existing driveway. Attorney Ben Zehnder agreed to additional plantings. There being no additional questions
from the Board, Pat made a motion to open to public input, Bruce seconded the motion a vote was taken, and
the Board unanimously voted to opened to public input. Mark Wilson representing Ten Lots Association spoke
regarding the look, feel and character of the cartway. He referred to the memo from Ten Lots Association that
was included in the meeting packet for the Board's review. He stated from the memo that Ten Lots Association
believes moving the driveway would be more detrimental to the neighborhood because it will change the
character of that section of the cartway. He disagreed with the statement Attorney Zehnder made regarding the
privacy of the cartway and asked the Board not to approve the request to amend the previous plans for the
driveway. Bruce noted that the only difference between the original driveway and the proposed driveway is the
location. Attorney Zehnder confirmed that the only difference is the location of the opening of the driveway
Page 1 of 2
from the cartway to the property. The benefit for the change in the location of the driveway is for the owners to
put land between the homes and create additional privacy providing additional space/yard between the cartway
and the homes. The location of the driveway does not change any zoning. Donna Heuchling, 179 Bonnie Doone
Cartway spoke in regard to ZBA case #2243, she stated that she is the only other neighbor at the end of Bonnie
Doone Cartway and there is no other traffic. She reiterated that during the Ten Lots meeting the Association
discussed this issue and they are against moving the driveway. Peter Johnson, 90 Bonnie Doone Cartway and his
wife at 83 Bonnie Doone Cartway spoke next and expressed a concern there will be multiple driveways and that
the current driveway foliage would not grow over fast enough. Drew Smyth, 95 Bonnie Doone Cartway,
expressed a concern that foliage will not grow on the old driveway. Donna Heuchling commented again
regarding the age of the current driveway. She expressed a concern that nothing will grow on the current
driveway. Nancy Moore, (address not given) commented on the original condition from ZBA case #21-22, that
stated the first 50-75 feet would be untouched. There being no more input from the public, Pat made a motion
to close to public input, Bruce seconded the motion, a vote was taken, and the Board voted unanimously to
close to public input. Jeff asked if the Fire Department was working to create a larger area for turnaround in
the driveway. Joe Corcoran, the applicant provided some background indicating that the approved cut off of
Bonnie Doone is 60 ft for emergency vehicles entering the property. The current location would wipe out a huge
oak tree. The proposed driveway is further up the street and would provide the clearing to be less and there are
no major trees to eliminate. He indicated that they have been in touch with all the neighbors, and he has
worked with Mr. Wilson on this proposed change. He also stated there is no violation. He confirmed that the
Town of Brewster Water Department has no issue with the change. He also indicated he has been working
closely with John O'Reilly on this project. Bruce asked if there was any reason why additional planting couldn't
be added. Mr. Corcoran referred to the email from the Water Department and informed the Board that a
suggestion was to remove the gate on the property and the foliage will grow over. Bruce asked how wide the
easement is for the Water Department and Mr. Corcoran confirmed it was 20ft. but it had to widen for
emergency vehicle turning purposes. At present, it is a 90 degree turn access off of Bonnie Doone Cartway. The
proposed driveway will be less intrusive. Attorney Zehnder suggested he reach out to the Water Department
for advice on plantings. He confirmed that the Fire Department is aware of the proposed driveway location, is
designed for emergency vehicles and a safer entrance. John O'Reilly has been working with the Fire Department
on this proposed new entry. Pat wanted to clarify that the opening would be smaller and therefore less
detrimental to the cartway. She suggested additional fill to accelerate the foliage. Ellen reminded the Board
that the Fire Department comments were included in the meeting packet for the Board's review. Jeff asked if
any demo had started. Mr. Corcoran confirmed that nothing has started. Ellen informed the Board that a hand
was up from the public. The Board decided not to open up to public input and they were ready to vote. Pat
made a motion, Bruce seconded the motion. The Board voted unanimously to grant the amendment of the
special permit with the conditions to till and cover with 3-4 inches of loam the existing driveway to facilitate
regrowth and approval of the Fire Department for the new driveway as stated on the plan.
Matters Not Reasonably Anticipated by the Chair:
• There being no applications for November the November 15th meeting will be canceled.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for December 13th, 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-O-0. Meeting adjourned at 8:02 pm.
Page 2 of 2