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HomeMy Public PortalAboutZoning Board of Appeals -- 2023-04-11 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES .-- Town Hall Room B Tuesday, April 11, 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 Christopher Senie and David Schlesinger and Attorney Alex Weisheit, Town Counsel, (vi rtua1), (representing ZBA #22-14), Attorney Peter Freeman, Judi Barrett (virtual), Vida Shklovsky, POAH, Dave Quinn, HAC, Paul Attemann, Union Studio, Joe Henderson and Brain Kuchar, Horsley Witten Group, Jefferey Dirk, Vanasse and Associates, Alanna Jaworski, (representing ZBA #23-04) Catherine C. McInnes (representing ZBA # 23-07), Janice Marinello and Jim Haggerty, Cape Cod Builders (representing ZBA # 23-09), Donna Kalinick, (Assistant Town Manager), Jon Idman (Town Planner), Jill Scalise, (Housing Coordinator), and Davis Walters (Building Commissioner) 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 of the public body will attend the meeting in person and members of the 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: zbamc ng_Lb)brewster-ma.go�. Review and Approval of March 14th 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 March 141h meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were unanimously approved. The Chair informed the Board that he would be taking cases out of order but will start with ZBA case #22-14. 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, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz. Attorney Chris Senie and David Schlesinger addressed the Board informing them they have come to an agreement regarding two zoning violations issued in April and September 9 of 2022. He indicated that they worked with the Town to resolve the list of violations. He referred to the stipulation document submitted with the hearing materials which was signed by both Attorney Senie, representing the petitioner and Attorney Weisheit, Town Counsel. It contains a list of the remaining agreed upon zoning violations. Attorney Senie provided examples and the actions that will be taken to resolve the violations. Attorney Senie proposes to withdraw the appeal if the Board grants approval for the stipulation submitted. Attorney Weisheit, Town Counsel, joining remotely, confirmed the request. Attorney Weisheit informed the Board the parties agree to be bound by the submitted stipulations. He indicated if the Board grants the request to withdraw the appeal to the Board, the petitioner will be held by the stipulations. Pat Eggers made a motion to grant ZBA case #22-14 a withdrawal without prejudice, Trish seconded the motion, a vote was taken, and the Board unanimously approved ZBA case #22-14 to withdraw without prejudice. Page 1 of 4 • 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, Bruce MacGregor, Pat Eggers, and Trish Metz. The Chair, Brian Harrison addressed the abutters letters that were sent to the Board that day. He acknowledged the email from Glenn Casey that stated the financials discussed at a previous meeting were misused when he discussed them. Brian also mentioned an email from Irene Szturo, 58 Howland Circle regarding endangered species. Irene Szturo joined the hearing virtually and informed the Board that although Attorney Freeman answered her previous questions, she felt the answers were vague. She expressed concern on the height of the buildings, noise, landscaping, and the standard planting proposed. Attorney Freeman suggested he address the concerns during his presentation. Brian also mentioned an email from Aileen Linder, 34 Howland Circle who expressed a concern for the landscaping. Glenn Casey, 288 Fletcher Lane joined the hearing virtually. He requested that the minutes reflect that at a previous hearing when he spoke the POAH/HAC number he used was $22,443,280 which is $630 sq ft. and significantly higher than other towns at $350 sq ft. for similar projects without inflation. He also stated an environmental study was promised. He indicated that there are endangered species. He has joined the Massachusetts Wildlife National Heritage Endangered Species program and is a registered and approved member and has opened up an observation report. He informed the Board that the Town Manager confirmed he would ensure an environmental study would be performed on any land in the Town considered for development. Pat made a motion to close to public input, Jeff second the motion, a vote was taken, and the Board unanimously voted to close to public input. Attorney Freeman addressed the Board. Joining in the room were David Quinn, HAC, Vida Shklovsky, POAH, and Joe Henderson, Horsley Witten Group. Jeffrey Dirk, transportation consultant, Vanasse and Associates and Alanna Jaworski from Union Studio joined remotely. Attorney Freeman stepped through the updated documents sent since the last hearing and informed the Board he does not have a draft of the decision. Joe Henderson shared his screen displaying the revised overall site plan. He outlined the changes to the plan including the extension of the parking spaces to 19ft. and an additional 8 parking spaces (10x20) on the west side of the property for overside vehicles. In addition, there is a reserved or oversight parking area for future spaces. Joe turned to the landscape plan and outlined the changes since the last meeting. He agreed the combination of evergreens and a fence would satisfy the abutters. He shared the current landscape of the trees and identified areas where additional trees could remain once development begins. Jeffrey Dirk addressed the drive aisle width at 22ft. to accommodate the extension of the parking spaces. He also addressed the increase in queuing during the peak summer months, stating it was an additional two vehicles. He indicated 1.5 parking spaces per unit is more than sufficient but now with the expanded parking spaces it is between 1.7 and 1.8. The team concluded their presentation. Trish questioned if it was allowed to waive Board of Health permits. Attorney Freeman stated under the State for Title 5 waivers are not allowed, however under local Board of Health bylaws and regulations that are more stringent than State code they do have the right under 40B and it is common to ask for waivers. Joe Henderson confirmed the system design meets Title 5, the waiver is requested for the reporting and monitoring requirements not the actual treatment system. Monitoring would still exist but not as strict. Donna Kalinick, Assistant Town Manager and Jill Scalise, Housing Coordinator walked the Board through the process the Town went through for 0 Millstone Road. Jill provided the background and history of the process and proposed process going forward. She stepped through a timeline of the process, highlighting the various steps along the way. She outlined how the Town obtained the land for affordable housing, the Housing Trust's involvement, including due diligence and studies, and the grant from the state. She then went on to discuss the RFP process by the Town and selection process. She indicated that only 5 of the 16+ acres are allocated for development. She went on to discuss the financial feasibility and approval process bringing the timeline to present date with the application to the ZBA for 40B approval. She discussed the process going forward for funding, affordable housing selection and the Select Board determining local preference. Page 2 of 4 Jon Idman, Town Planner suggested to the Board that the waivers be addressed at this time prior to the drafting of the decision. Judi Barrett, consultant on the project, agreed that the waivers affect the conditions in the decision. Trish asked if there was trash pickup or did residents of the development have to bring their trash to the transfer station. Dave Quinn confirmed there will be two trash recycling dumpsters on the site and a commercial trash pickup service. Attorney Freeman stepped through the waivers. The zoning waivers will be indicated as shown on the plans submitted. The health waivers will be quarterly reporting and an annual report. Under the general bylaws waivers include staff reviews and tree cutting. Bruce asked if the town was responsible for rising costs for building. Attorney Freeman confirmed it is the company building the development that will incur any rising cost. Jill Scalise stated that the amounts listed for cost of sq ft. are different than listed in the project eligibility letter. The financing has the sq ft. cost at $386 and cost per unit at $499,000 which is consistent with the Barnstable Home Consortium when looking at other local affordable housing developments being built across the Cape. Although the financials are not under the ZBA Jill wanted to clarify for the Board. Jon Idman addressed the Board highlighting the waivers that were not necessary. He suggested a condition for a protocol for operation and maintenance of the wastewater system, similar to the Brewster Woods project. He indicated there was a misprint on the number of parking spaces on the latest plan submitted. The team will revisit the number. Judi Barrett suggested leaving all waivers on the list letting the Board act on it. This way there will be a record of the waivers in the decision. Brian asked who will determine if the reserve parking is needed. Trish stated the parking based on urban/suburban numbers is not sufficient for a rural setting. The public transportation RTA is infrequent and must be reserved two days beforehand. Jill Scalise indicated she reached out to the RTA and they will make up to two deviations per route and one reserved stop, however you must call two hours prior to pickup to make the request per deviation. She indicated RTA installed stops with shelter at both Brewster Woods and Serenity. Pat made a motion to open to public input, Jeff seconded the motion, a vote was taken, and the Board unanimously opened to public input. Rick Daffinee, 598 Millstone Road, requested a fence and asked to have input on the design. David Quinn informed Mr. Daffinee a fence will be installed. Attorney Freeman confirmed the condition will be included in the draft decision. Glenn Casey expressed his concerns with finances and environmental studies again to the Board. Irene Szturo questioned the height limit and a privacy fence. David Quinn confirmed there is no plan for a privacy fence circling the entire property. Attorney Freeman confirmed the height limit was not over 36ft. Jeff made a motion to close to public input, Trish seconded the motion a vote was taken, and the Board unanimously voted to close to public input. Brian suggested ZBA #23-04 be continued until the next hearing to provide Judi Barrett and Attorney Peter Freeman an opportunity to draft a decision for the next meeting. Jon suggested turtle sweeps, and Pat suggested additional plantings along the abutters side, Joe Henderson and David Quinn to follow up. Brian made a motion to continue until the May 9th hearing, Pat seconded the motion, the Board unanimously voted to continue ZBA case #23-04 until May 91n New Applications: • ZBA Case #23-08 Owner/Applicant: Ocean Edge Resort, LLC, 2907 Main Street, Map 90, Lot 160 in the RM zoning district. Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz. The Chair informed the Board that the applicant has requested a continuance until the May 9, 2023, hearing. Jeff Carter made a motion to continue ZBA case #23-08 until the May 9, 2023, hearing, Pat second the motion, a vote was taken, and the Board unanimously granted the continuance for ZBA #23-08 until the May 9, 2023, hearing. • ZBA Case #23-07 Owner/Applicant: Stephen G and Catherine C McInnes, 6 Pilots Way, Map 15, Lot 83, in the RM zoning district. Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz. Cathy McInnes addressed the Board providing background information on the request for a variance. She highlighted the emails of support included in the hearing materials from her direct abutters. The Chair informed Page 3 of 4 the Board that the shed she is requesting does not qualify for a special permit and therefore must require a variance. Jon Idman, Town Planner clarified that it does depend on the zoning bylaws for accessory structures. Brewster's bylaw states single family residential structures and certain structures may fall under the protections of the principle non -conforming structure. However, in this particular case they are not within a non- conforming setback and creating a new non -conformity. The Board referred to the narrative focusing on the location of the shed. Jon confirmed that if a variance is granted it runs with the land, not ownership. Pat made a motion to open to public input, Trish seconded the motion, a vote was taken, and the Board unanimously approved to open to public input. There being no public input, Pat made a motion to close to public input, Bruce seconded the motion, a vote was taken, and the Board unanimously voted to close to public input. There being no more discussion by the Board, Trish made a motion to grant a variance for ZBA case #23-07, Pat seconded the motion, a vote was taken, and the Board unanimously granted a variance for ZBA case #23-07. ZBA Case #23-09 Owner/Applicant: Janice Marinello, 439 Paines Creek Road, Map 38 Lot 1 in the RM zoning district. Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz. The applicant read the request to raze and replace a non -conforming single-family structure for use as an accessory dwelling unit (ADU) on a lot approximately 23,943 sq ft. Jim Hagerty from Cape Cod Builder representing the applicant joined the meeting. He provided background to the Board and reviewed the proposed application to raze and replace a detached non -conforming single-family residential structure for use as an ADU. He indicated where the current building is they would build a detached 732 sq ft. ADU, reducing the non -conforming but not eliminating it. Pat made a motion to open to public input, Bruce seconded the motion, a vote was taken, and the Board unanimously voted to open to public input. Sarah Robinson spoke virtually. She asked if a person had to live in the ADU year-round. The applicant confirmed that was the plan. 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. The Board discussed the proposed application and agreed that it met the requirements and lessened the intensity of the non-conformance. Jeff made a motion to approve the Special Permit for the ADU on a lot under 30,000 sq ft. with a non -conforming setback contingent upon the successful occupancy of the primary dwelling. Pat seconded the motion; a vote was taken, and the Board unanimously voted to approve the Special Permit for ZBA case #23-09. Matters Not Reasonably Anticipated by the Chair: • none The next meeting of the Brewster Zoning Board of Appeals is scheduled for May 91h, 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. The hearing adjourned at 9:58 pm. Page 4 of 4