HomeMy Public PortalAboutZoning Board of Appeals -- 2023-02-07 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Tuesday, February 7, 2023, at 7 PM
Virtual Meeting
Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Jeff
Carter, Patricia Eggers and Trish Metz, Bruce MacGregor was absent.
Also present: Attorney Christopher Senie (representing ZBA# 22-14),Attorney Peter Freeman (representing ZBA#23-04)1
Judi Barrett, Vida Shklovsky, POAH, Kayla Schell, HAC, Paul Attemann, Union Studio, Joe Henderson and Brain Kuchar,
Horsley Witten Group, Jefferey Dirk, Vanasse and Associates, Attorney Mark Boudreau (representing ZBA#23-05), Tim
Klink, Coastal Companies, Gregg Corbo (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 January 24th 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 January 24th 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 #22-14 Petitioner: Great Cape Co -Op, Inc., 2624-2628 Main Street, Map 89, Lot 14.
Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers and Trish Metz.
Attorney Christopher Senie representing the petitioner and Stephen and Corey Brown, Brown Realty Trust,
requested a continuance until the ZBA hearing on Tuesday, March 14th. Attorney Senie informed the Board he
is working closely with Alex Weisheit (Town Counsel) to set up a meeting with the Building Commissioner and
step through both the September 9th Cease and Desist letter and the recent update from the Building
Commissioner dated January 31, 2023. The goal would be to appear on March 14 with a revised Cease and
Desist order that all parties agree that identifies those areas where additional information is provided of proof
or bring into compliance. Brian informed Attorney Senie he will need to file a Continuance listing both the
petitioner and Stephen Brown, Brown Realty Trust. Attorney Corbo, Town Counsel, informed the Board if a
continuance is granted a document must state it waves the 100 -day time limitation for the decision. Brian
informed Attorney Corbo a ZBA continuance/waiver form is required to be signed. Attorney Senie agreed to
sign the form representing both the petitioner and the landowner. Town Counsel agreed. Pat made a motion to
approve the requested continuance, Trish seconded the motion a roll call vote was taken and the Board
unanimously approved ZBA case #22-14 be continued until the March 14th hearing.
Brian informed the Board that he would be taking cases out of order and the Board will hear ZBA case#23-05
next.
New Applications:
• ZBA case #23-05 Owner/Applicants: Whitney Revocable Trust, Karen Millane Whitney and David Christopher
Whitney, Trustees, 25 Sumner Lane, Map 51, Lot 65.
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Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers and Trish Metz.
Attorney Mark Boudreau representing the applicants addressed the Board on the proposal for an accessory
dwelling unit (ADU) to be constructed above a two -car garage. Attorney Boudreau informed the Board the 87 -
year -old father of Mrs. Whitney will be residing in the ADU. Attorney Boudreau referred to the plans included in
the meeting packet stepping through the proposed plan for the ADU. Attorney Boudreau introduced Tim Klink
from The Coastal Companies who is the builder, he asked the Board if they had any questions regarding the
application. Brian informed the Board that included in the packet was input from the Building Commissioner
stating the modification of the variance is not necessary to go forward. Jeff questioned the parking and
Attorney Boudreau stated the garage will encompass the entire ADU and there is adequate parking outside the
garage. Pat made a motion to open to public input, Trish seconded the motion, a vote was taken and the Board
unanimously opened to public input. Glen Casey had a raised hand however his comments were for ZBA case
#23-04 and not ZBA case #23-05. There being no public input, Pat made a motion to close to public input, Trish
seconded the motion, a vote was taken, and the Board voted unanimously to close to public input. There being
no questions or concerns regarding the application for ZBA case #23-05, Brian made a motion to grant ZBA case
#23-05 he read the section 9 findings, and noted the Building Commissioner stated the modification of the
variance is not necessary to go forward. Pat second the motion, a vote was taken and the Board unanimously
voted to approve ZBA case #23-05.
• ZBA case #23-04 Owner/Applicant: Preservation of Affordable Housing, Inc./Housing Assistance Corporation,
0 Millstone Road, Map 98, Lot 12-0.
Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers and Trish Metz.
Judi Barrett the consultant for the project informed the Board that Brewster has done an excellent job
implementing the Housing Production Plan. She indicated that the Town is eligible for certification of the
Housing Plan because it produced enough affordable units. As a Board this means that while the certification is
in effect the Board can deny a comprehensive permit without ever going forward with the hearing or go forward
with the hearing, consider the application and either deny at that point or approve it subject to whatever
conditions the Board deems appropriate. The difference in this case from previous comprehensive permits is if
the applicant disagreed with the Board's decision, the applicant would not have recourse to the Housing Appeals
Committee because the certification is almost as good as being over the 10% minimum under Chapter 40B. Judi
stated that the point of the certification is to reward towns that are producing and allow communities to
produce housing at a pace they can manage. If the Board wants to exercise the certification option, they must
give the applicant notice within 15 days of the hearing. The applicant must be noticed that the Board is
reserving their rights to deny the application even if they go forward with the hearing. Judi as the consultant
has prepared a letter with the certification attached to be signed by the Board. Judi recommended the notice
be given to the applicant that the Board reserves the right to deny but will go forward with the hearing and
consider the request. Pat made a motion to exercise the right to deny the application but to go forward with
the hearing and consider the request, Trish seconded the motion, a roll call vote was taken, and the Board voted
unanimously to exercise the right. The Chair will sign the prepared letter within the 15 -day timeframe.
Attorney Peter Freeman representing the applicant stated in reference to safe harbor he has to reserve his
clients' rights. Attorney Freeman introduced the development team, gave the background of the process, and
thanked the Town for selecting the team's proposal. He informed the Board prior to the hearing the team had a
voluntary informal site plan review with Town staff and a meeting with the Planning Board. He referenced the
memo from Jon Idman the Town Planner that was included in the meeting packet. Attorney Freeman stepped
through the 3 criteria in order to apply to the ZBA. He indicated both applicants are non-profit which satisfies
the first criteria, the second criteria, control of the land which the applicants have an agreement with the Town,
and third demonstrate the applicants are fundable by a state or federal subsidized agency. He referenced the
project eligibility letter by the Department of Housing and Community Development, dated August 17, 2022,
which is included in the meeting packet. He informed the Board the team will step through the site details with
a slide presentation. Attorney Freeman stated there are waivers that should be discussed for the project, and it
is up to the Board when they would like to address the waivers.
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Vida Shklovsky, POAH addressed the Board providing background on her work with Brewster Woods. She
indicated that POAH will be providing their own management team on the project. She then introduced Kayla
Schell from HAC who provided background and her focus on housing on the Cape and Islands. Vida Shklovsky
stepped through the presentation slides outlining the project. She indicated there will be 45 units with the
majority of 2-bedroom units (25), 15 1-bedroom units and 5 3-bedroom units. She also discussed the goals and
the site plan of the project that were agreed upon by the Town. The project will be Cape Cod style architecture
that creates a sociable neighborhood and minimizes the building footprint while preserving the current habitat.
There will be 11 buildings in total with a mix of units. Vida discussed the affordability matrix for the project.
Paul Attemann, architect from Union Studio, stepped through the site constraints, location, and existing
conditions of the site. He outlined the primary development of the area, preserving areas and zoning.
Joe Henderson, Horsley Witten Group, reviewed the site plan informing the Board the site is in the RL zoning
district and 71.6% of open space will be preserved on the lot. There are 72 9x18ft parking spaces proposed
(which is a waiver from the requirement of 10x20ft), 5 are handicapped which comes out to 1.6 spaces per unit.
He reviewed the site plan outlining buffers, setbacks, and vegetation areas. He indicated there is a waiver
request for the side setback for 18.4ft rather than the required 25ft setback. As part of the project, they have
been coordinating with the Town on Millstone Road improvements to ensure they are aligned. Sidewalks and
crosswalks will be included throughout the property and out to Millstone Road. Joe Henderson outlined the
Stormwater management system areas and wastewater treatment system indicating it meets all the
requirements.
Joe Henderson turned the meeting over to Brian Kuchar from Horsley Witten Group to provide an overview of
the landscape architecture plan. He highlighted the goal/priority of preservation of the current habitat. He
indicated the proposed vegetation will match the existing vegetation as much as possible and maintain the
buffer between neighboring properties.
Paul Attemann highlighted each building floorplan, elevation, height, and exterior style. Peter Freeman
discussed the height waiver. He indicated the request for the waiver is 38ft from the requirement of 30ft for the
height.
Jeffrey Dirk, Managing Partner, Vanasse and Associates, Inc. transportation consultant for the project provided a
traffic assessment summary. He indicated that the assessment focused on traffic impacts on Millstone Road and
the intersections of 6A and Route 137. They are predicting there will be approximately 37 peak hour trips over a
1-hour period between 7 and 9 in the morning and in the evening 40 peak hour trips over a 1-hour period
between 4 and 6. It was determined that there would not be a significant impact on traffic. Jeffrey also
indicated that some vegetation will be cut back at the Millstone entrance for safe operation of the driveway.
Attorney Freeman concluded the presentation.
Trish asked for confirmation on the number of parking spaces. Joe Henderson confirmed that 1.6 parking spaces
is per unit. Trish questioned if there is ample parking for the units, it is likely there will be two cars for a 1-
bedroom unit or multiple cars for a 2- or 3-bedroom unit. She also asked about congestion. Attorney Freeman
stated that each unit will only be assigned 1 parking space, no matter how many cars they have, and the trend is
to get away from having two cars per unit. Trish asked how they would get to work. Attorney Freeman
suggested the Cape Cod Transit; however, currently, the bus does not stop in that area. Vida stated they are
abiding by the laws of the local towns. One parking spot will be assigned per unit and the extra spaces will be
tightly managed.
Trish also asked about the trash removal. Joe Henderson indicated on the site plan the area assigned for trash
removal. Jeff Carter questioned whether the trash and recycle area was large enough to accommodate all the
buildings. Vida stated it has not been finalized, they have not got to the level of detail. Trish stated there is not
adequate parking for the units and no visitor parking allocated.
Pat Eggers ask if there will be local preference for Brewster residents. Attorney Freeman indicated that up to
70% can be allocated for local preference. They require the municipality to show a justification and to make
sure certain data shows it wouldn't exclude certain classes or ethic groups considered to be protection by the
Fair Housing Laws. Vida stated that it may be difficult if local funds are coming from a town that does not have
local preference. Donna Kalinick, Assistant Town Manager stated the request for local preference is under the
purview of the Brewster Select Board and last month the project was presented to the Select Board to bring
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them up to date. In the past there was a request for 70% for local preference for Brewster Woods and it was
granted. At Serenity there was a request for 50% because the Town did not put in any funding, and they
thought it was reasonable to request 50% and it was granted. This is a decision the Select Board will undertake
over the next several months and they will seek input from the Brewster Affordable Housing Trust and the
Brewster Housing Partnership.
There being no more questions from the Board, Pat made a motion to open to public input, Jeff seconded the
motion, a vote was taken and the Board unanimously voted to open to public input. Glen Casey, 288 Fletcher
Lane addressed the Board. He agreed that the plans of the project were very desirable, however he expressed
concerns with the parking spaces, the height waiver, and the water resources waiver. He disagreed with the
immediate need for housing in Brewster. He indicated Serenity numbers of only 38 of the 125 applicants were
from Brewster and 70% of the applicants were from off Cape. Brewster Woods only had 14 out of 53 applicants,
74% of the applicants came from off Cape. He questioned affordability of the development stating that the
project started out at $220,000,443 which is approximately $630sgft. and with rising inflation, construction
costs and supply chain issues the project could be astronomical in cost. It is hard to justify economically to
Brewster residents. He suggested the project take a step back and review the costs associated with building the
development. Brian informed the Board of letters submitted to the ZBA, one from Michael Guski, 616 Millstone
Road who supports the project but has requested a secure fence be installed at the edge of his property to
restrict access from the project and its residents. Amanda Bebrin, 560 Millstone Road and Elisabeth Verde, 9
Howland Circle submitted letters of support. Irene Szturo, 58 Howland Circle submitted a letter in opposition.
Pat highlighted the box turtle issue brought up in Irene Szturo's letter and asked if it was addressed. It was
confirmed that it is not a habitat and not an issue for this site. Trish asked where resident Mr. Casey got the
$630sgft number. Attorney Freeman confirmed the project still has to go through an economic feasibility study
and the success rate is extremely favorable. He stressed that the Town feels there is a need for affordable
housing and that is why we are here tonight.
Brian asked Attorney Freeman about the waivers, specifically the electrical, plumbing and gas permit fees.
Donna Kalinick, Assistant Town Manager stated the Select Board, to reduce the overall cost of affordable
housing, adopted a fee waiver policy including fees for Town sponsored housing projects. Fees were waived at
Brewster Woods and at Serenity only for the affordable housing units and most recently the Habitat for
Humanity project at Red Top Road. The only waiver is for the cost of the permits not the pay for the inspectors.
Or. Casey addressed the Board again stating the numbers he quoted earlier were taken from the POA, HAC RFP
response, dated 11/2021. There being no additional public input, Pat made a motion to close to public input
and Jeff seconded the motion, a vote was taken and the Board unanimously voted to close to public input.
The Board decided to address parking, waste removal issues and the neighbor's request for a security fence at
the next meeting. Jon Idman, Town Planner asked for the traffic impact analysis. Jeff asked if the Fire
Department and Health Department comments were addressed. Attorney Freeman confirmed they will review
them and respond at the next meeting. Jeff made a motion to continue ZBA case #23-04 until the next ZBA
hearing on March 14t", Pat seconded the motion, a roll call vote was taken and unanimously approved.
Matters Not Reasonably Anticipated by the Chair:
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Brian announced the ZBA is in need of members of the Board. Please reach out to the Select Board if you are interested.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for March 14'", 2023.
Pat made a motion to adjourn the meeting, Trish seconded the motion, the vote was taken, and the Board unanimously
voted to adjourn. Vote: 4-0-0. Meeting adjourned at 9:00 pm.
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