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HomeMy Public PortalAboutPlanning Board -- 2023-06-28 Minutes"0\%'w11Z1111111"/•,,,, Brewster Planning Board 7-12-23 w ,�ELOEP Bro`19/i ote: 6-0-0 Vote: 2198 Main Street Y 3 = Brewster, MA 02631-1898 Or (508) 896-3701 x1133 brewplan@brewster-ma.gov MEETING MINUTES Wednesday, June 28, 2023 at 6:30 pm Brewster Town Office Building Chair Amanda Bebrin convened a meeting of the Planning Board at 6:30 pm with the following members participating: Charlotte Degen, Tony Freitas, Madalyn Hillis -Dineen, Rob Michaels, Elizabeth Taylor, and Alex Wentworth (remotely). Also participating: Jon Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Bebrin declared that a quorum of the Planning Board was present. She read the Meeting Participation Statement and Recording Statement. 6:32 PM PUBLIC ANNOUNCEMENTS AND COMMENT No citizen comments. 6:33 PM PLANNING DISCUSSION Planning Board Committee Assignments. The Planning Board discussed nominations for recommendations to the Select Board for Planning Board appointments to the Water Quality Review Committee and Community Preservation Committee. Michaels agreed to continue as the Planning Board's representative to the Water Quality Review Committee. Motion by Degen to Nominate Rob Michaels as the Planning Board Member Recommended to the Select Board for Appointment to the Water Quality Review Committee. Second by Freitas. Roll call vote: Wentworth -yes; Michaels -yes; Degen-yes; Hillis -Dineen -yes; Freitas -yes; Taylor -yes; and Bebrin-yes. Vote: 7-0-0. Taylor agreed to continue as the Planning Board's representative to the Community Preservation Committee. Motion by Hillis -Dineen to Nominate Elizabeth Taylor as the Planning Board Member Recommended to the Select Board for Appointment to the Community Preservation Committee. Second by Degen. Roll call vote: Wentworth -yes; Michaels - yes; Degen-yes; Hillis -Dineen -yes; Freitas -yes; Taylor -yes; and Bebrin-yes. Vote: 7-0-0. 6:35 PM PUBLIC MEETING Public listening session on accessory dwelline units. Documents: • 06/28/23 ADU Listening Session slide presentation • Information received from Cynthia Stead regarding universal design Donna Kalinick, Assistant Town Manager and Jill Scalise, Housing Coordinator were present and participated in the discussion. Bebrin outlined the structure of the listening session. Bebrin stated that she filed a disclosure with the Town Clerk. She stated that she works at the Community Development Partnership (CDP) and part of their mission is to encourage towns to promote pro -housing strategies and policies. She further stated that she believes she can participate in this process fairly and equitably. Idman began the presentation stating that an ADU is an accessory single-family dwelling unit regulated by zoning. It is not independent but an accessory use to the main home. An ADU is described as having self-contained living (cooking, sanitary, sleeping) facilities. THE ADU is located on the same lot as the main dwelling. Idman reviewed the existing zoning for ADUs including maximum size requirements (40% of main home or 900 SF), an ADU can be attached, PB Minutes 06/28/23 Page 1 of 7 detached or within the main dwelling, year-round owner occupancy is required, a 12 -month lease is required, additional parking spaces are required, and no more than two bedrooms are allowed. Under Brewster zoning, a maximum of two dwelling units, including the ADU, are allowed per lot. There is an annual ADU/ACDU permit cap of 20. Other provisions of the ADU section of the zoning bylaw include that no boarding/lodging is allowed, the ADU design must be subordinate to the main house, and ZBA approval is required in water protection overlay districts and on lots less than 30,000 SF. Idman reviewed typical considerations in ADU zoning bylaws including a purpose clause, owner occupancy, tenancy, lot size/dimensional regulations, ADU size, design requirements, special permit requirements, enforcement/administration, annual permit cap, and reference to related laws and regulations such as health and building. Idman noted that Brewster's current ADU zoning does not include a purpose clause. There is an implied purpose that ADUs are intended to bolster year-round housing. Idman asked for comments from the Planning Board and public on a purpose statement. Degen stated that it made sense to include a purpose statement in ADU zoning. Degen suggested the purpose statement would be to provide year-round housing as is clearly needed. Michaels asked the Planning Board to focus on the problem that ADUs were intended to help solve and create a purpose statement based on the problem. He asked the Planning Board to consider whether the problem was year-round housing, increased density, or generational transition. Kalinick stated that the Select Board has begun a review of their policies and they are intentionally adding purpose statements to policies that do not currently have them. She thought it was a good idea that the ADU provisions include a purpose statement and suggested that the statement include increasing year-round housing choices. Cynthia Stead, an employee of Catholic Charities and an elected housing commissioner in the Town of Dennis, spoke about universal design in ADUs. She provided the Planning Board with information on universal design. She stated she looked at census data on Brewster and older women are a large cohort in town although standard units do not necessarily work for them and need to be retrofitted. Stead stated that one purpose of the ADU bylaw is to create housing stock that benefits all people. She suggested that incentives such as abatements could be given so those building ADUs to a universal design that would be accessible to more people. Stead discussed the history of the Dennis ADU bylaw. Freitas stated that the purpose of ADUs should also be to help people stay in their homes. ADUs can be designed to be more accessible than the main home could provide a homeowner with financial support. Fran Manion, Lower Road, stated that she believed the purpose statement should reference the Housing Production Plan. It is a plan that includes goals and strategies for housing and references ADUs. She stated that experts worked on the plan and have stated that ADUs are good for Brewster. The Planning Board reviewed current owner occupancy requirements including that the owner must occupy one of the two dwellings for a continuous 12 -month period. There is no express bona fide absence clause. Part time residents cannot have an ADU. Freitas asked what the requirements are for residents to vote at the Town Meeting and Kalinick responded that residents must be registered to vote in Brewster and therefore Brewster must be their primary residence. Kalinick stated that this requirement gives up an opportunity for some year-round housing. Kalinick stated that 42% of dwelling units in Brewster are not year-round. She stated she believed the intention of the owner occupancy requirement was to discourage short-term rentals. Hillis -Dineen stated that one of the units should be occupied year-round. She suggested owner occupancy for 10 months. Talitha Abramsen of the Community Development Partnership's ADU Resource Center stated that owner occupancy is a hurdle she sees in creating ADUs. She mentioned that owner occupancy requirements have been lessened or eliminated in the West where more development is occurring. There are not short-term rental issues like there are here. Abramsen stated that there is one town on Cape Cod in which you can rent one unit for twelve months and rent the PB Minutes 06/28/23 Page 2 of 7 other unit on a short-term basis. She stated that it is common that 40% of properties in a town on the Cape are not year-round and housing opportunities are being missed. She recognized that there could be monitoring issues and neighborhood issues. Michaels stated that the Brewster Association of Part Time Residents is a group the Planning Board may want to reach out to for feedback. Scalise stated that she has received inquiries from part-time Brewster residents interested in having an ADU on their property. She has also heard from residents who are not here year-round who would like to have someone stay at their property when they are not there to watch over the property. Wentworth stated that eliminating the owner occupancy requirement may allow for more short-term rentals. Idman stated that there was the possibility of creating safeguards through special permit requirements. Special permits could be required for part-time residents to have an ADU or could be used to allow year-round rental of both the ADU and main home on a property. The Planning Board discussed tenancy requirements. Bebrin stated that currently ADU zoning requires a 12 -month lease. She asked whether a 12 -month lease equaled year-round housing. Idman asked the Planning Board to consider whether year-round round housing equals one tenancy for one person for 12 months. Idman stated in Harwich ADUs must be used as year-round housing, but a minimum of a 6 -month lease is required. Michaels stated that a 6 -month lease may be more inclusive and could help provide workforce housing. Freitas stated that the bylaw needs to be flexible not punitive. If a property owner is not able to secure a 12 -month lease it should not mean that an ADU is not possible. Hillis -Dineen expressed concern that changes to these provisions would create investment properties not affordable ADUs. Rick Draper, 288 Whiff letree Avenue, stated that he believed one of the two units on the property should be occupied year-round but that a 12 -month lease was not necessary. He suggested a provision that the ADU be rented for an extended period of not less than three months to avoid short-term rentals. Michaels agreed with Draper and stated that he believed the 12 -month lease period was put in the bylaw to deter short-term rentals. Wentworth also agreed and stated that reducing the lease to 6 months would not have a negative impact on the bylaw and would help to prevent short-term rentals. Abramsen stated that she is aware of a bylaw in Colorado which uses a different tenancy model that allows for rentals by students and workers. She will provide more information on this model. Freitas stated that short-term rental properties are required to be registered through the state. There is a database available of these registered properties that Brewster could access to see if an ADU was being used as a short-term rental. Kalinick responded to comments by Freitas stating that the town does have the ability to access the DOR database. She also stated that the purpose of the 12 -month lease when the bylaw was drafted in 2018 was to provide year-round housing. Kalinick liked the idea of shorter -term leases but tying them to other requirements such as work or school terms. She also noted a problem in Brewster in which people have short-term leases and are asked to leave the rental in the summer so even more people are looking for housing during that time. Kalinick stated that the ADU provisions should consider all scenarios and must not be so restrictive that people do not want to create ADUs. Freitas asked Scalise for clarification on homes available for ADU rentals and how many were winterized. Scalise clarified that 42% of homes in Brewster are seasonal or used on a part-time basis according to 2020 census data. She will look further to see if the data provides information on available winterized homes. Scalise stated that a purpose statement was provided in 2018 as part of an ADU fact sheet. The purpose was to allow for development of accessory dwelling units that will provide more year-round rental options and home ownership opportunities. The fact sheet further stated that this community housing strategy was recommended by the 2017 Housing Production Plan and the 2018 Vision Plan. The intent of the bylaw is to diversify the housing stock to meet community needs. Scalise further stated that she was hearing concerns about short-term rentals and suggested the Planning Board may want to consider expressly prohibiting short-term rentals in the ADU bylaw. Degen asked if it was possible to fine property owners for renting ADUs on a short-term basis. Idman responded that it is possible to establish fines. The Building Commissioner is the enforcement officer of the zoning bylaw. Idman stated PB Minutes 06/28/23 Page 3 of 7 that fines and injunctions could be used by the Building Commissioner. Idman stated that the Building Commissioner could require the cooking facilities of one of the two units on the property be removed. Bebrin stated that there are other mechanisms such as fees instead of fines that property owners could be assessed for using an ADU as a short-term rental. The Planning Board would have to consider what an appropriate fee would be in the event a property owner decides to rent the ADU on a short-term basis and not for the intended long term rental purpose. Wentworth asked if it was possible for the town to create an online database related to ADUs in which property owners could upload leases or letters of vacancy for the town to monitor. Michaels stated that the requirement of a 12 -month lease does prevent short-term rentals so he wonders if the requirement should remain. Freitas said the 12 -month lease requirement and year-round occupancy requirement are the two biggest deterrents to creating ADUs. The Planning Board discussed the lot size and dimensional regulations included in the ADU provisions. Bebrin stated that a special permit from the ZBA was needed to create an ADU on a lot less than 30,000 SF. There is no historical zoning of this lot size but there has been 25,000 SF and 15,000 SF lot sizes. Bebrin also noted that the current zoning bylaw only references setbacks for attached ADUs. There is no mention of other dimensional requirements such as coverage or height and no mention of setbacks or dimensional requirements for detached buildings. The bylaw refers to "conforming" setbacks for the zoning district pursuant to Table 2, Area Regulations, of the zoning bylaw. Brewster zoning has setbacks on a per lot (not district) basis that refers to when the lot was created. Bebrin said this speaks to the complexity of creating an ADU because those interested must research the history of their lot and relevant regulations at the time the lot was created. Idman suggested language to clarify this section of the bylaw by stating that ADUs shall be subject to the dimensional requirements of the property. Wentworth agreed and stated that there were already dimensional requirements in place for lots so additional specific language for ADUs is not needed and could create more limitations. Michaels agreed and stated that the language as drafted adds to the complexity of creating an ADU. Freitas stated that the restriction of a special permit invites neighbors to oppose a project with or without reason. He stated there should be more opportunity for ADUs by right. Vanessa Greene, Tracy Lane, a member of the Housing Partnership and the Affordable Housing Trust stated that there are existing regulations elsewhere in the zoning bylaw that do not need to be included in the ADU regulations as it makes it seem more restrictive. Greene stated that allowing ADUs by right with the right process and regulations would be beneficial. She noted that residents may feel intimated when having to appear before a town board or committee and therefore may opt not to pursue a permit. Michaels inquired about the 30,000 SF lot size requirement. He stated he believed the requirement was a "guard rail" and asked whether it was needed. Kalinick responded that the 30,000 SF lot size requirement was a compromise when the bylaw was originally drafted. At the time, there were some Planning Board members who wanted to see a 15,000 SF or 20,000 SF requirement and others who wanted to see a 40,000 SF lot size requirement so they compromised at 30,000 SF. Kalinick stated that as Idman previously mentioned this requirement is not aligned with other sections of the zoning bylaw. Kalinick stated that she is impressed with the Planning Board's open mindedness and thoughtfulness in revising the bylaw. Bebrin stated that the Planning Board needs to consider at what point or what size it is appropriate to require a special permit. A special permit requires a public hearing and allows for public comment on the project. Idman stated that it is difficult to find lots in Brewster that are 30,000 SF because that size has not been required through zoning. Abramsen stated that by right ADUs are a tool used in the West to streamline the ADU process. Manion commented that lot size was the first hurdle she faced with her ADU project as her lot is 29,845 SF. The Planning Board discussed size requirements for ADUs. Currently, the bylaw requires the ADU to be the lesser of 40% of habitable space of the main house or 900 SF. Idman noted that "habitable" is not defined in the zoning bylaw but under state building code excludes bathrooms, halls, closets, and utility spaces. The percentage approach advantages larger existing homes and can be confusing and difficult to calculate. Idman provided examples of the 40% ADU size requirement. He noted a 40% ADU within a 1,500 SF dwelling is approximately 400 SF. A 40% ADU detached or in addition to a 1,500 SF dwelling is approximately 600 SF. If an ADU is proposed as an addition or detached building, the PB Minutes 06/28/23 Page 4 of 7 existing dwelling would need to be 2,250 SF for a 900 SF ADU. If the existing dwelling is less than this size an addition to the existing dwelling would need to be created to create an ADU of 900 SF. Idman asked the Planning Board to consider whether ADU size requirements need to include both a percentage calculation and size requirement. Michaels stated that the 40% requirement is complicated, but it was probably included to make sure the ADU fits with the character of the main dwelling. Michaels agreed that larger existing homes receive an advantage. Michaels stated he thought there should be less guard rails for ADUs within homes or above garages because these spaces already exist. Bebrin stated that having a flat size like 900 SF could help with development costs and may allow people to access pre-existing plans. Bebrin noted that when the bylaw was originally drafted there was a concern that there would be rampant development and that was one of the reasons for the size restrictions. The Planning Board discussed ADU design. Idman noted that the bylaw states that an ADU must be "clearly subordinate" to the main home. Idman asked whether the focus should be on keeping the property as single-family residential in nature. In Brewster, accessory buildings with bedrooms are allowed without any design criteria. The "clearly subordinate" criteria can challenge the Building Commissioner. Stead asked if the design would be reviewed by the OKH District Committee. Idman stated that if the property was in the Historic District, it would be reviewed but their focus is preservation not necessarily architectural design. Wentworth suggested that with an ADU size such as 1000 SF plans could be kept and shared with applicants to save on design costs. Abramsen stated that ADU Resource Centers she works with out West do have standard plans available to those looking to construct an ADU. It is a tool used to help reduce the costs of creating an ADU. Freitas stated that ADUs would be less restrictive if a standard size was used. Abramsen stated that one of the pre-existing plans could be created with universal design principles. The Planning Board discussed special permits for ADUs. Bebrin stated that currently the zoning bylaw requires a special permit for an ADU if the lot is less than 30,000 SF or is in the Herring River Watershed, DCPC (Zone II and Pleasant Bay Watershed). Water overlays occupy the entire south part of Brewster. Zoning in the DCPC includes ground water protection provisions for nitrogen. Idman noted that an applicant building in the DCPC goes through an administrative review with the Health and Building Departments in addition to the special permit process. Bebrin asked the Planning Board to consider whether they should be the special permit granting authority. The ZBA currently reviews special permits for ADUs. She also asked the Planning Board to consider whether unique special permit standards should be adopted for ADUs. Historically, lot sizes in Brewster have been 15,000 SF and 25,000 SF. Michaels stated that about 40% of Brewster is covered by the DCPC. The Planning Board discussed whether it was necessary to require a zoning special permit for an ADU. They discussed the additional costs associated with a special permit and the additional time and resources applicants had to expend. Idman stated that he has seen proposed ADUs not make it past administrative review because standards cannot be met. Idman also noted that the DCPC is made up of both a groundwater protection overlay and an estuarian resource. Taylor stated that she believes the 30,000 SF lot size requirement should be changed. If the Board of Health is already reviewing the nitrogen and DCPC requirements, additional review by the ZBA does not seem necessary. Idman stated that in 2021 there was a zoning change that made the nitrogen loading regulation applicable to all development in the DCPC. Taylor also stated that setback requirements need to be reviewed and it may be easier to have one set of setbacks for ADUs. Scalise stated that when the original bylaw was drafted the water protection provisions were put in as guard rails. In the last 5 years, Brewster has not seen ADU development in these districts causing issues with water. Hillis -Dineen stated that there was fear of rapid development of tiny houses in 2018 that did not happen. Michaels mentioned recently enacted state law related to Title 5 and suggested the Planning Board may want to pause on water protection provisions to see what towns do in response to the new law. The Planning Board discussed the option the zoning bylaw currently allows to create accessory buildings with bedrooms without any size restrictions. Idman stated that the accessory buildings could not have cooking facilities. Freitas stated that people would still be able to rent them short-term as most renters would not care about the cooking facilities. Bebrin stated that there will always be bad actors, but the Planning Board cannot draft to restrict bad acts. Abramsen PB Minutes 06/28/23 Page 5 of 7 asked the Planning Board to consider bumpers for short-term rentals while widening the path for ADUs to be more easily created. The Planning Board discussed enforcement and administration of ADUs. Enforcement is handled by the Building Commissioner. An annual affidavit is required but there is no existing tracking or registration mechanism. In some cases, a certificate of occupancy or building permit may not be required under the state building code. Bebrin noted that there is a 20 -permit cap per year which has not been reached to date. There is also reference to other laws and regulations such as Title 5 and the state building code in the zoning bylaw. Idman stated that part of the purpose statement could be that ADUs are not intended for short-term rentals even though that will be difficult to enforce. Michaels asked whether it was necessary to require an annual affidavit if it was not being tracked. Idman responded that removing the affidavit requirement does not mean that there is no zoning enforcement. He referenced Orleans as a town which had an affidavit requirement at one time but no longer has that requirement. Idman suggested that there are mechanical challenges with the current affidavits. He stated that if Brewster is going to require affidavits, the Building Commissioner should have discretion as the enforcement agent as to what should be included in the affidavit. Idman also stated that there is no good tracking mechanism right now at the front end because ADUs are a zoning concept and not a building concept. For purposes of the zoning bylaw, a zoning permit could be issued for ADUs and tracked. Wentworth stated that the current affidavit system is not working. He stated that tracking ADUs is important not just for enforcement but for informational purposes so it can be determined how many exist and if they're working. Scalise stated that she reviewed how many units were created each year since the bylaw's inception in 2018. She reviewed special permits, building permits, and certificates of occupancy for accessory apartments and ADUs. The following units were created: 2019-6; 2020-7; 2021-5; 2022-2; and 2023 (to date) -5. These were not necessarily built but were permitted. Kalinick stated that she is hopeful that with revisions to the ADU bylaw, to make it more accessible and easier to use, more units will be created. She stated that she does not believe a cap is necessary. Taylor agreed that there should not be a cap. She asked about e -permitting options. Draper stated that he is pleased with the steps Brewster is taking to create new housing including working on revisions to the ADU bylaw and the opening of the housing complex on Brewster Road. Draper stated that in addition to finding new ways to create housing, the town needs to find a way to attack the problem of short-term rentals. He asked the Planning Board to consider options such as requiring rental properties to be registered so that entities could not be allowed to own more than one rental property. He mentioned higher taxes on properties where the owners do not actually live on the property. Draper suggested community preservation funds or other sources could be used to purchase deed restrictions. Greene stated that she thought accessory commercial dwelling units (ACDUs) should be handled separately and in a separate bylaw from ADUs. She thought the audience for ACDUs was different. Bebrin stated that the current focus of the Planning Board is on revisions to the ADU provisions of the bylaw and ACDUs will be considered later. Bebrin reviewed the next steps including a draft revision to the ADU provisions and additional listening sessions to discuss that draft. The Planning Board will also work on targeted outreach. 8:42 PM APPROVAL OF MEETING MINUTES Approval of Meetin;; Minutes: June 14,_.2023. The Board reviewed the June 14, 2023 meeting minutes. Motion by Degen to Approve June 14, 2023 Meeting Minutes, as amended. Second by Michaels. Roll call vote: Taylor -yes; Freitas -yes; Hillis -Dineen -abstained; Degen-yes; Michaels -yes; Wentworth -yes; and Bebrin-yes. Vote: 6-0-1. 8:44 PM COMMITTEE REPORTS Degen summarized the Select Board meeting of June 26th which included discussion with the School Committee on appropriating special education stabilization funds, appointment of liaisons, announcement of the new Fire Department PB Minutes 06/28/23 Page 6 of 7 contract, discussion on state regulations on Title 5 effective July 7th, and feedback on the Ponds Summit. Wentworth stated that the Vision Planning Committee (VPC) met on June 26th and welcomed member Fran Schofield back. The VPC discussed outreach materials and a timeline for outreach to the public. Deadlines were also discussed in preparation for the Fall Town Meeting. The next VPC meeting is on July 17th. The Bay Property Planning Committee was presented with the data from the first public forum and survey. A total of 1500 people participated between the forum and survey. Themes such as coastal protection, passive recreation, community center and community programming, housing, and re -use of structures were part of the responses. The committee is planning a second forum on Saturday, August 5th. The community pool has been opened. 8:50 PM FOR YOUR INFORMATION The Planning Board received notice of recent decisions issued by the Harwich Planning Board. The Select Board recently reorganized and Ned Chatelain is the new liaison to the Planning Board. Bebrin thanked Hoffmann for her service as the liaison and for all her work on the Planning Board. 8:51 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR None. Motion by Michaels to Adjourn. Second by Freitas. Roll call vote: Taylor -yes; Michaels -yes; Degen-yes; Hillis -Dineen - yes: Freitas -yes; Wentworth -yes; and Bebrin-yes. Vote: 7-0-0. The meeting adjourned at 8:52 PM. Next Planning Board Meeting Date: July 12, 2023. Respectfully submitted, Lynn St. CV, Senior Deparkent Assistant, Planning PB Minutes 06/28/23 Page 7 of 7