HomeMy Public PortalAboutZoning Board of Appeals -- 2023-03-14 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS -=
MEETINGMINUTES
Town Hall Room B
Tuesday, March 14, 2023, at 7 PM — -
Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers,
Bruce MacGregor and Trish Metz.
Also present: Attorney Andrew Singer (representing ZBA#22-15), Attorney Christopher Senie (representing ZBA# 22-14),
David Schlesinger, Attorney Peter Freeman (representing ZBA#23-04), Judi Barrett, Vida Shklovsky, POAH, Dave Quinn,
HAC; Paul Attemann, Union Studio, Joe Henderson and Brain Kuchar, Horsley Witten Group, Jefferey Dirk, Vanasse and
Associates, 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 in person at the time and location
identified above. This means that at least a quorum of the members ofthe public body will attend the meeting in person
and members ofthe public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being
provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/
or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if
technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise
required by law. Members of the public with particular interest in any specific item on this agenda, which includes an
applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly.
To submit public comment or questions to the Zoning Board of Appeals, please email: zbameetinbrewster-maT�ov.
Review and Approval of February 7t" 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 February 7111 meeting minutes, Trish seconded the motion, a vote was taken, and the minutes
were unanimously approved, Bruce abstained due to absence at the February 7 1 meeting.
Continued Applications:
ZBACase #22-15 Owner/ Applicant: Remington's Trust; Peter T. Lomenzo & Kerry Barton, Trustees, 61-63 A. P.
Newcomb Road, Map 25, Lot 75, in the RM zoning district.
Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz.
Attorney Andrew Singer representing the applicants, informed the Board that Attorney Marian Rose from Law
office of Singer and Singer LLC submitted a request for continuance until the May 9t" ZBA hearing. The
continuance will provide the opportunity to submit revised plans to the Board. Jeff Carter made a motion to
grant the continuance for ZBAcase #22-15 until the May 9t' 7BAhearing, Pat Eggers seconded the motion a vote
was taken, and the Board unanimously approved the continuance.
ZBAcase #22-14 Petitioner: Great Cape Co -Op, hic., 2624-2628 Main Street, Map 89, Lot 14.
Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers and Trish Metz.
Attorney Chris Senie and David Schlesinger addressed the Board. They requested a continuance until the April
1 It' ZBAhearing in order to provide the Board with a final order to address the Cease and Desist or ofthe
Building Commissioner. Bruce MacGregor made a motion to grant a continuance for ZBA#22-14 until the April
l It' ZBAhearing, Trish seconded the motion a vote was taken, and the Board unanimously approved the
continuance.
The Chair informed the Board that he would be taking cases out of order and the Board will hear ZBAcase #23-
06 next.
ZBAcase #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.
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Attorney Peter Freeman representing the applicant addressed the Board. He introduced the team: Joe
Henderson, Horsely Witten Group and Dave Quinn from HAQ Vida Shklovksy, POAH and Paul Attemann, Union
Studio.
Attorney Freeman informed the Board since the last meeting they revised the site plan based on parking and
trash removal. He indicated that Dave Quinn reached out to some of the neighbors in response to their
concerns. Attorney Freeman handed the meeting over to Joe Henderson who shared his screen with the Board
displaying the updated site plan that outlined additional parking, road site distance and trash enclosures. Six
additional parking spaces were added, trash and recycling areas are displayed in more detail on the updated site
plan, also included were walkways and sidewalks on the plan.
Joe Henderson addressed the letter that was sent responding to the Town Department comments. He touched
on a few major comments indicating the team is working closely with the Health Department and the Fire
Department to address any concerns.
Attorney Freeman addressed Irene Szturo, an abutter's comments regarding endangered species. He indicated
the site is not in a mapped priority habitat subject to state law and there will be supplemental plantings on the
site to buffer light. Dave Quinn informed the Board he reached out to two of the neighbors with requests for
additional fencing on the property line. After his discussions the team will take a look at additional plantings for
the buffer where it makes sense to fill in any gaps.
Attorney Freeman suggested after discussion the hearing could be closed and a decision could be drafted. Bruce
referenced the previous month's hearing regarding the cost of the project from Mr. Casey a concerned resident.
He asked if a financial study was performed. Attorney Freeman stated the information from the resident was
not accurate and when it was discussed at the last hearing it was addressed.
Bruce questioned the traffic study and asked why queuing on 6Aand sunshine visibility was not considered.
During high season queuing can be backed up to the Orleans line. Attorney Freeman suggested the traffic study
indicates it is an existing condition and de minimis. Daniel La Civita, traffic engineer, addressed the summer
traffic question and informed the Board it was 34% higher than the average month. Bruce clarified the queuing
is on 6Anot coming out of Millstone onto 6A Daniel La Civita informed the Board based on the traffic analysis
the impact of the project to the existing condition of the 6Aqueuing is 1 additional car. Bruce did not agree.
Attorney Freeman tried to clarify it is an existing condition and not an impact to the Millstone project.
The Board discussed parking including other development properties in Brewster and access to public
transportation. Trish expressed concern that the project doesn't understand the location and the impact of the
location. She asked about access to public transportation from the Millstone project. She highlighted the lack of
parking issue, the impact on the people who will be living there and the surrounding residents. She also
questioned if the Fire Department does not allow parking on the street, where are residents of the development
going to park if they have more than one vehicle or guests. Attorney Freeman disagreed, indicating the parking
is sufficient and the project is creating a desirable environment for the people who will be living there. Brian
Harrison questioned parking for service people. It was suggested overflow parking be considered. Vita
Shklovsky indicated that increasing the parking spaces has now made it a 1.8 ratio to each unit. She indicated
that other POAH and HAC properties have a range of 1.5 and 2.0 ratio for each unit. Bruce asked what the policy
is for boat trailers. Dave Quinn indicated that they are not allowed on the property. He also informed the Board
that although there is no public transportation, HAC and POAH have a good relationship with Cape Cod Regional
Transit Authority and will reach out to them. Attorney Freeman will look into the possibility of shadow parking.
Brian asked if the questions that were sent to the consultant Judi Barrett had been addressed. Judi informed
the Board she did not have the email that was sent handy but would answer any questions or concerns of the
Board. Brian questioned the risk if the development project was not complete due to financial issues. Judi
indicated it was not an issue for 7BAbut for Town Counsel and the Select Board. Trish asked why the ratio of
low-income housing and affordable housing changed and the number of bedrooms changed from the original
proposal. Dave Quinn provided information on the process of designing the development according to the
guidelines and requirements set forth in the proposal. Donna Kalinick, Assistant Town Manager addressed the
affordability question in terms of the RFP. She indicated there is a range of affordability. The highly
advantageous category all of the units at 80%ofthe Area Median Income (AMI) or below with affordability
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ranging from 30%AMI to 80%AMI. It was not prescribed how many units were determined in each affordable
category. She stated there is a whole financial structure that goes along with each of the categories of the AMI.
Bruce asked if solar was included in the design. Donna stated the design is solar ready.
Judi Barrett located the email sent regarding questions from the Board. She addressed the questions stating
additional land development would be a decision of the Town since the Town owns the land. She suggested if
the Board is concerned with parking the Town needs to change their zoning requirements. Jon Idman, Town
Planner addressed the parking bylaw. He paraphrased the Brewster bylaw for parking saying the presumptive
standards are the beginning of the negotiation for the Board to discuss parking appropriate to the project. The
Planning Board is usually the Board addressing parking issues. He indicated it is not necessary for the Planning
Board to change the Zoning bylaw for parking because the parking is inflexible. There is nothing in the bylaw
that limits the ZBAfrom staying at 1.5 or 1.8 spaces. Brian Harrison stated that if that is the case asking for
shadow parking should be agreeable. Jon Idman informed the Board that reserved parking is in the bylaw and is
allowable. He also spoke about the land disposition agreement, and the parameters of the project. Expanding
the footprint of the project to increase parking may be a breach of the agreement and would need additional
approval from the Select Board. Jeff asked about the 10x20 size parking and if 9x18 is more standard. Jon
informed the Board that the Planning Board supported the 9x18 size parking. Pat asked if a proposed location
for shadow parking could be updated on the site plan. Attorney Freeman will provide updated plans displaying a
shadow parking location at the next meeting. Bruce asked if some of the parking spaces could accommodate a
pickup truck. They will be considered. Jon Idman highlighted the importance of maintaining the drive aisle lanes
as proposed on the plan when considering additional parking. Donna will provide the land disposition
agreement.
The Board opened to public input, Rick Daffinee, 598 Millstone Road expressed a concern regarding the 18ft
buffer as opposed to a 25ft buffer. Joe Henderson addressed the question, informing the Board on the
Millstone side there is a 25ft buffer, at the backthere is a 49.8 ft buffer. Mr. Gaffney also requested a fence to
deflect lights at night from turning cars into Millstone Road. Dave Quinn will meet with the design team and
come back next month with an update. Glenn Casey joining remotely had technical difficulties and was not
responding when called upon. Jillian Douglas addressing the Board expressed her support for the project. After
several tries, Aileen, having her hand up, did not respond when called upon. There being no more public input,
Pat made a motion to close to public input, Jeff seconded the motion a vote was taken and the Board
unanimously voted to close to public input. Attorney Freeman suggested Judi Barrett, the consultant, provide a
draft decision to review at the next hearing. Judi agreed to provide a draft decision for review at the next
meeting.
Pat made a motion to continue 2BAcase #23-04 until the next 2BAhearing on April 11th, Trish seconded the
motion, a roll call vote was taken and unanimously approved.
New Applications:
2BACase #23-06 Applicant: Joshua Schiff, 3038 Main Street, Map 101, Lot 26, in the RM zoning district.
Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers and Trish Metz
Attorney Andrew Singer represented the applicant Joshua Schiff, farm manager at Chatham Bars Inn (CBI) Farm.
Attorney Singer introduced the applicant and Gary Thulander, general manager of Chatham Bars Inn. Attorney
Singer informed the Board this is the 6 I season for CBI Farms. He indicated there are absolutely no changes
proposed from what has been requested and done in the past. He referred to the event dates, stating all
necessary permits will be obtained and they will continue to work with all of the town departments as
necessary. He expressed the importance financially to the Farm and the positive asset to the Community. The
events are a mix of both private to CBI and open to the public. Brian Harrison asked if there have been any
complaints in the past, Attorney Singer indicated there have been no complaints. Jeff Carter asked if police
detail has been used, Josh Schiff stated that they have attempted to request a police detail when necessary,
often times the police are not available, but they are requested. He indicated (BI Farms hired a parking/valet
service that was very successful. The Chair opened to public input. Abutter Fran Schofield from 161 Fox
Meadow Drive expressed her support as long as the previous conditions remain. Terrance Walsh 157 Fox
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Meadow Drive also expressed his support. There being no additional input the Board voted unanimously to
close to public input. Pat Eggers made a motion to approve the special event permit for ZBAcase# 23-06, Bruce
MacGregor seconded the motion a vote was taken and the special event permit for ZBAcase# 23-06 was
unanimously approved.
Matters Not Reasonably Anticipated by the Chair:
none
Brian announced the ZBAis in need of members. Please reach out to the Select Board if you are interested.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for April l l t', 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: 5-0-0. Hearing adjourned at 9:00 pm.
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