HomeMy Public PortalAboutZoning Board of Appeals -- 2023-05-09 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES --
Town Hall Room B
Tuesday, May 9, 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 Marian Rose, Peter Lomenzo, and Kelly Barton (representing ZBA #22-15), Attorney Michael Ford
(representing ZBA #23-08), Attorney Peter Freeman, Judi Barrett (virtual), Vida Shklovsky, POAH (virtual), Dave Quinn,
HAC, Paul Attemann, Union Studio (virtual), Joe Henderson and Brain Kuchar, Horsley Witten Group (virtual), Jefferey
Dirk, Vanasse and Associates, Alanna Jaworski, (representing ZBA #23-04), John Ferris (representing ZBA # 23-10), Jamie
McGrath, Pine Harbor Wood Products (representing ZBA # 23-11), 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: zbameeting@brewster-ma.Rov.
Review and Approval of April 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 April 11th 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 and started with ZBA case #23-08.
Continued Applications:
• 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, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz.
Attorney Marian Rose addressed the Board. She provided background information on the case requesting a
special permit to change the use to a Bed and Breakfast for the accessory structure on the property referred to
as "the barn" currently used as storage. She provided additional information on the property, outlining the
setbacks. She indicated that "the barn" is considered an accessory dwelling with a setback of approximately
23ft. and is conforming. She outlined the steps taken to reach the final point of presenting to the ZBA. Attorney
Rose explained the layout of the property and informed the Board that most of the property is undeveloped.
She discussed the improvements to the property and the interior of the barn. She indicated that the proposed
plan is for a 3 -unit Bed and Breakfast (B&B) with a pool and pool house structure on the property. On the main
floor there will be a group sitting area and a kitchen where breakfast will be prepared for the guests, which is a
requirement for a B&B. The kitchen will not be accessible to guests or rented separately. Attorney Rose
indicated that the property was recently bought by her clients and prior to this the previous owners did not
properly permit the barn referring to letters from an abutter. She indicated although the barn was not properly
permitted it has been there well over 10 years and is considered grandfathered. She read the uses informing
the Board the B&B use is not a separate principle use and is dependent on a primary use, the resident is a full-
time owner and willing to make breakfast. She stated that she believes the size of the barn isn't relevant to
whether or not it is a primary or accessory use. The B&B is dependent on the primary residential use. If the B&B
Page 1 of 4
is running at full capacity, there will only be a total of 6 guests. She indicated reuse of the barn as the B&B will
not be detrimental to the neighborhood. She outlined the plans for landscaping and lighting and informed the
Board that the Planning Board voted unanimously in favor of the proposed project. After reviewing the project,
Attorney Rose requested the Board approve the use change to a B&B as proposed. The Chair asked if this was
considered a primary residence and would a new nonconformity be created. Attorney Rose suggested that it
would not be because the B&B is dependent on the single -family dwelling, which is the primary residence that is
currently on the property. Trish asked if an accessory structure was an ADU (accessory dwelling unit). Jon
Idman, Town Planner requested to speak and confirmed that an ADU is an accessory use and an accessory
structure. Attorney Rose read the definition in the bylaw of a building accessory residential structure. She
referred to the term guest house in the definition. The Board discussed an ADU, B&B, guesthouse, and primary
residential use.
Pat made a motion to open to public input, Trish seconded the motion, a vote was taken, and the Board
unanimously voted to open to public input. Mr. Foscaldi, 87 A.P. Newcomb Road addressed the Board
expressing his concern that a B&B, which is a commercial business, will be in a residential zone. He stated that
the building is for a principle use for a B&B and if the B&B is taken away there is no principle use. He discussed
the plans of the previous owner and his concerns with the proximity of the structure to his property. He stated
according to the assessor's office the building was assessed as an accessory building or storage garage. After the
property was sold to the applicant, the building was reassessed as a dwelling. He stated that currently there is
no violation until the use is changed, suggested it become a principle structure. This would prevent any
additional single -family dwelling to be built on the property in the future. He proposed to settle the possible
setback issue for a principle dwelling he is willing to negotiate with the applicant to provide two feet of his
property for a proper setback. Attorney Rose stated this is not a principle use or structure because it is
contingent upon having a single -family dwelling which is part of the definition. Jon Idman, Town Planner spoke
suggesting ensuring additional dwellings are not constructed on the property conditions can be imposed in the
decision. Jillian Douglas joining virtually provided her personal perspective that a B&B is a commercial activity.
Attorney Rose confirmed that B&Bs have been approved in the RM zoning district, the Board agreed it is an
allowed use. Jon Idman also confirmed commercial businesses are allowed in the RM zoning district. He stated
he reviewed the files with the Building Commissioner in depth and there were subsequent building permits for
the barn that legitimized the current structure. The Chair informed Mr. Foscaldi it is a building issue and not in
front of the ZBA. Jon Idman suggested Mr. Foscaldi come to the Town Hall to review the files. The Board
reviewed the plans and photos of the property. Mr. Lomenzo clarified the areas on the plot plan that was
included in the hearing packet.
A motion was made by Pat to close to public input, seconded by Trish, a unanimous vote was made and the
Board closed to public input. The Board discussed the request for a special permit to change the use to a B&B.
Bruce questioned the proposed kitchen on the plan. Attorney Rose confirmed the kitchen will only be for
preparing the breakfast meal and will not be accessible to the guests. The Chair stated that the issue is not two
kitchens it is how the kitchens will be used.
Pat made a motion to grant the special permit for ZBA case# 22-15 for the reasons stated in the application with
the condition that there will be no other dwelling units on the property, Attorney Rose asked for point of order
and requested the Board poll prior to a formal vote. Bruce would oppose, Pat would support, Jeff would
support, Trish would abstain, and Brian would support. Attorney Rose requested to continue ZBA case #22-15
until the June 13th hearing, Brian made a motion to continue, Pat seconded the motion and the Board voted
unanimously to continue ZBA case #22-15 until June 13tH
• ZBA case #23-08 Owner/Applicant: Ocean Edge Resort LLC, 2907 Main Street, Map 90, Lot 160.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz.
Attorney Michael Ford addressed the Board requesting his client withdraw without prejudice. His client will
operate under the State regulations and continue to work with abutters and possibly return to the Board at a
later date. Pat made a motion to grant the request withdraw without prejudice, Bruce seconded the motion, a
vote was taken, and the Board voted unanimously to grant the request for ZBA case#23-08 to withdraw without
prejudice.
Page 2 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.
Attorney Peter Freeman, representing the applicant, Joe Henderson and David Quinn joining him addressed the
Board outlining the final changes made from discussions at the last hearing and abutter's input. He referred to
the summary of changes submitted with the hearing materials indicating an updated waiver was also submitted.
Stepping through the changes in the landscape, Dave Quinn proposed additional plantings on the North side
close to Building 3. Using a shared screen they outlined the changes to the site plans, addressing abutters
concerns and highlighting additional screening in the landscape plan.
Attorney Freeman informed the Board in the draft decision he changed the condition, originally drafted by the
consultant, Judi Barrett, on affordability income mix due to the changes in requirements to the tax credit
program and the regulatory agreement that goes with it. This is aligned with Brewster Woods. Judi Barrett
asked the Board if they have all the information, they need to address the decision, and if not please let the
applicant know what is still outstanding. Attorney Freeman stated he believes the Board has all the information
necessary to make a decision and suggested the Board agree to close the hearing and if the Board decides it
needs more time at the next hearing they will extend. Pat commented that she believes the Board has all the
information required and provided her support for the project. The Board discussed if there was any additional
information required before closing the hearing. Jon Idman, Town Planner informed the Board they can close
the hearing and leave the record open for a specific purpose, for example, a complete and final waiver list.
Attorney Freeman agreed. 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. Aileen Linder, 34 Howland Circle, addressed
the Board referring to the Howland Homeowner's Associations (HOA) I &II petitions that were submitted to the
Board. Speaking for both HOAs, she stated that the proposed buffer between the properties was not sufficient.
She highlighted the terms of the petition requesting the applicant provide a security fence, additional
landscaping and keeping the height of the buildings as low as possible. Glenn Casey, 288 Fletcher Lane
addressed the Board revisiting his previous concerns regarding an impact study for wildlife, additional
landscaping, a security fence and the financials. Diane Bedard, 11 Howland Circle, addressed the Board
reiterating the previous neighbor's concerns and expressing her concerns for privacy, noise and light pollution.
Amanda Bebrin, 560 Millstone Road, expressed her enthusiastic support for a much-needed project. She
highlighted the positive points of the project and requested the Board move the project forward. There being
no more public input, Pat made a motion to close to public input, Bruce seconded the motion, the Board
unanimously voted to close to public input.
Pat made motion to close the hearing for ZBA case #23-04, but leave the record open for updated waivers, Trish
seconded the motion, a vote was taken, and the Board unanimously voted to close the hearing for ZBA case #23-
04, leaving the record open for updated waivers.
New Applications:
• ZBA Case #23-10 Owner/Applicant: John W. Ferris, 138 Fiddlers Lane, Map 48, Lot 38.
Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz.
John Ferris, applicant addressed the Board providing background on the proposed project. He outlined the
changes to the current footprint and asked the Board to consider his request for a special permit for the
proposed additions and a variance for a proposed deck addition. Jeff asked how the deck would be built and
Mr. Ferris indicated the deck would be made of composite material, and accessible to the kitchen. The front of
the house porch and deck will be larger and used for congregating and not interfere with the setback. Brian
asked Mr. Ferris if his lot contained any conservancy soils, Mr. Ferris stated according to his records he is
unaware of any conservancy soils on his lot. Brian asked what is allowed as a matter of right for a setback for a
stoop. Jon Idman responded that with a stoop or a step you can intrude into half the required setback. He
agreed with the Building Commissioner's determination that the proposed plan is more of a deck and not a
stoop. A step or stoop's principle use is to provide access to the entry door. Jeff asked if the rear could be
constructed with a stoop and a patio to put a grill on rather than building a deck. The Board discussed the
options of a larger stoop or a deck. Brian asked the applicant if he fully understood the requirements for a
Page 3 of 4
variance. Mr. Ferris stated he believes this is a hardship. Brian suggested the Board vote on the request for a
special permit and treat the request for variance separately allowing Mr. Ferris to have time to research the
criteria for a variance.
Pat made a motion to open to public input, Bruce seconded the motion, a vote was taken, and the Board
unanimously approved to open to public input. Pete Mayer, 142 Fiddler's Lane an abutter expressed support for
the proposed plan. Paula Fleming, 113 Fiddler's Lane, expressed her full support for the proposed plan. There
being no more public input, Pat made a motion to close to public input, Trish seconded the motion, a unanimous
vote was taken. Pat made a motion to grant the special permit, Trish seconded the motion, the Board
unanimously voted to grant a special permit for ZBA case #23-10. Mr. Ferris requested to withdraw the without
prejudice the request for a variance for ZBA case #23-10. Brian made a motion to grant the request to withdraw
without prejudice, Pat seconded the motion, the Board voted unanimously to grant the request to withdraw
without prejudice.
ZBA Case #23-11 Owner/Applicant: Michael Russillo (represented by Pine Harbor Wood Products), 8 Leeds
Lane, Map 50, Lot 91, in the RM zoning district.
Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz.
Jamie McGrath, Pine Harbor Wood Products represented the applicant. He provided the background of the
proposed project to the Board. He indicated that the date of the current structure is unknown, however the
house and lot was created in 1940, well before the zoning bylaws. He referred the Board to the pictures of the
existing structure that were included in the hearing packet. He informed the Board that the current structure is
in disrepair, and they are requesting it be removed and replaced. The new structure will be 8ft. 10in x 18ft. He
indicated there is no adverse effect to the neighborhood. 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, Trish 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 special permit for ZBA case #23-11, Pat seconded the motion, a vote was taken, and
the Board unanimously granted a special permit for ZBA case #23-11.
Matters Not Reasonably Anticipated by the Chair:
• none
The next meeting of the Brewster Zoning Board of Appeals is scheduled for June 13t', 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 9:28 pm.
Page 4 of 4