HomeMy Public PortalAboutZoning Board of Appeals -- 2023-06-13 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Town Hall Room A
Tuesday, June 13, 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 Peter Freeman, Judi Barrett (virtual), Vida Shklovsky, POAH (virtual), Dave Quinn, HAC, Joe
Henderson and Brain Kuchar, Horsley Witten Group (virtual), (representing ZBA #23-04), Scott Kafker, co -applicant and
Walter Jacob, Walter Jacob Architects, LTD (representing ZBA # 23-12), Donna Kalinick, (Assistant Town Manager), Jon
Idman (Town Planner), and Jill Scalise, (Housing Coordinator), 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 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,&
Review and Approval of May 91h 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 May 9th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were
unanimously approved.
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.
Brian informed the Board of the request to continue ZBA case #22-15 until the July 11th hearing.
Trish made a motion to continue, Pat seconded the motion and the Board voted unanimously to continue ZBA
case #22-15 until July 11tH
The Chair informed the Board that he would be taking cases out of order and will be hearing ZBA case #23-12
next.
• 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.
Jon Idman, Town Planner addressed the Board sharing thoughts on the draft decision that was provided in the
hearing packet. He stated that at the last hearing the Board unanimously voted to close the hearing for ZBA
case #23-04 and within that time a draft decision was submitted. The draft decision included review from Town
staff, Judi Barrett, consultant, Town attorney and the applicant. The draft addresses and reflects various
concerns by the Town, and the applicant, including matters brought up by the ZBA during the public hearing.
Jon thanked the consultant for her guidance and expertise during the process. He stated that, if approved it
would be subject to the conditions in the decision. He stepped through the proposed decision, highlighting
certain conditions. He stated he believes the Board has all the information to approve the decision. Bruce asked
how Local Preference was determined. Donna Kalinick, Assistant Town Manager -and Jill Scalise addressed the
Board. Donna informed the Board the Select Board was updated on the Millstone project at their last meeting.
During the meeting the Select Board was informed they would have 90 days from issuance of an approval from
the ZBA to make a decision on Local Preference. Donna and Jill are drafting a document that explains Local
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Preference and will be presented at a joint meeting with the Select Board, Housing Partnership, Housing Trust,
CPC and Finance Committee. Donna indicated that there was a 70% request for local preference for Brewster
Woods and 50% for Serenity Brewster. Since the Town donated the land it is likely the Select Board will request
between 50-70%. Jill Scalise, Brewster Housing Coordinator stated that Local Preference is very specific. The
applicant must either live, work or have a child in the school system in Brewster.
Jeff questioned condition #5 Parking in the decision. He asked when the 3 -year parking overflow determination
starts and what is the rationale behind the 3 years. Jon Idman, Town Planner replied the 3 -year is after the
issuance of the final Certificate of Occupancy. The Building Commissioner can determine if additional parking
spaces are needed. Jeff asked if the final landscaping plan was submitted. Jon confirmed exhibit A in the
decision addressed the final landscaping plan reflecting the fencing and additional plantings.
Judi Barrett, the consultant, informed the Board she had been listening to the discussion and confirmed the staff
has covered the decision and any questions or concerns. There being no additional discussion, Pat made a
motion to approve the comprehensive permit for ZBA case #23-04, 0 Millstone Road and adopt the draft
decision, Bruce seconded the motion. Brian expressed a concern regarding the parking. Trish stated she would
like to defer to the ZBA for the decision, she experienced a lot of concern on the presentation, however there is
a great need for housing in Brewster. A vote was taken, Bruce MacGregor, Yes, Brian Harrison, Chair, Yes, Pat
Eggers, Yes, Trish Metz, Yes, Jeff Carter, Vice Chair, Yes. The Board unanimously voted to approve the
comprehensive permit for ZBA case #23-04.
New Applications:
• ZBA Case #23-12 Owner/Applicant: Lea Anne Copenhefer, (represented by Walter Jacob Architects, LTD.) 8
Shepherds Quay, Map 74, Lot 78, in the RR zoning district.
Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz.
Scott Kafker, co-owner and Walter Jacob, Architect addressed the Board. Walter Jacob provided background on
the project informing the Board they are requesting a balcony built on the second floor of the garage off the side
of the existing house. This will provide enough space to install a wide door in order to hoist a piano up to the
second floor and access to enjoy the surroundings. He stated the existing garage has a 12.5 ft. setback. Jon
Idman, Town Planner clarified in the case of a cluster subdivision the setback requirements are half, therefore a
25ft setback is 12.5ft for a cluster subdivision. Walter Jacob stepped through an oversized display of the
proposed plan indicating the current setback is non -conforming at 10ft. There will be enclosed storage
underneath the balcony where trash barrels will be stored. He informed the Board that the applicant has
discussed the proposed plan with the abutting neighbors. 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 unanimous vote
was taken. Jeff made a motion to grant ZBA case # 23-12 a special permit for a second story balcony with
storage below, Trish seconded the motion, the Board unanimously approved a special permit for ZBA case #23-
12.
Reorganization of ZBA
• Brian Harrison's term will expire on June 30, 2023. Pat nominated Brian Harrison as ZBA Chair, Bruce seconded
it, a vote was taken and the Board unanimously approved Brian Harrison as ZBA Chair for another year. Brian
Harrison nominated Jeff Carter as ZBA Vice Chair, Pat seconded the motion, a vote was taken and the Board
unanimously approved Jeff Carter as ZBA Vice Chair.
Matters Not Reasonably Anticipated by the Chair:
• Jon Idman, Town Planner addressed the Board stating the Planning Board voted to pursue potential Accessory
Dwelling Unit (ADU) amendments to present at Fall Town Meeting. He requested a discussion and input from
the ZBA at the next ZBA Hearing with Amanda Bebrin, chair of the Planning Board, Jill Scalise, Housing
Coordinator, Donna Kalinick, Assistant Town Manager and himself. Jon will provide information prior to the
hearing to be included in the hearing packet for the ZBA's review. The Board agreed.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for July 111h, 2023.
Trish made a motion to adjourn the meeting, Pat seconded the motion, the vote was taken, and the Board unanimously
voted to adjourn. Vote: 5-0-0. The hearing adjourned at 7:50 pm.
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