HomeMy Public PortalAboutZoning Board of Appeals -- 2023-07-11 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Town Hall Room B
Tuesday, July 11, 2023, at 7 PM
Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers,
and Trish Metz. Bruce MacGregor was absent.
Also present: Donna Kalinick, (Assistant Town Manager), Jon Idman (Town Planner), Davis Walters (Building
Commissioner), Jill Scalise, (Housing Coordinator), Amanda Bebrin (Planning Board Chair) 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 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: zbameetin d+brewster-ma. L .
Review and Approval of June 13' 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 June 13th 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, Jeff Carter, Pat Eggers, and Trish Metz.
Brian informed the Board of the request to withdraw without prejudice. Pat made a motion to approve the
request for ZBA case #22-15 to withdraw without prejudice, Jeff seconded the motion and the Board voted
unanimously to grant ZBA case #22-15 to withdraw without prejudice.
Chair Brian Harrison informed the Board he will not be present at the next hearing on August 8. Jeff Carter, Vice
Chair will chair the hearing.
Discussion on Accessory Dwelling Unit (ADU) provisions of the zoning bylaw including comments on potential
bylaw amendments.
• Jon Idman, Town Planner and Amanda Bebrin (Planning Board Chair) addressed the Board. Amanda informed
the Board that the Planning Board has taken on the ADU bylaw and has expressed a will to amend the bylaw to
allow usability for all residents and create additional year-round housing. The ZBA, as a stakeholder in the ADU
process, by granting Special Permits, is being asked by the Planning Board for their input. Amanda referred to
the Powerpoint presentation prepared by Jon Idman that was included in the ZBA hearing packet. She informed
the Board a Listening session was held with the public, stepping through the definition of an ADU, the current
bylaw and a series of changes that could be considered. Jon Idman clarified Section 9 is from the Massachusetts
General laws and Section 51 of the Brewster Zoning Bylaw set standards for evaluating Special Permits. He
asked the Board if these standards should continue to be employed for ADUs.
Pat asked if they could share the feedback from the Listening session. Amanda informed the Board the Listening
session was very positive and highlighted the concerns of the participants. Some of the concerns were the
barriers and the jurisdiction of the Planning Board. Where there are barriers, they should remove if it is
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practical. Jon informed the Board that the Brewster ADU bylaw was adopted in 2018 and there has been a
significant change in zoning since the ADU bylaw was adopted. The Board discussed possible changes and
agreed more flexibility is needed. They were all in agreement that the ADU must be year-round, but the owner
may not necessarily need to be a year-round resident. After the discussion Amanda Bebrin informed the Board,
they will continue to provide an update. Brian encouraged the Planning Board to continue to update the ZBA
and offered ZBA support throughout the process and during the Town Meeting. Jon provided the Board with a
timeline outlining next steps for a draft of the changes through discussions with the public and scheduling a
workshop to gather input. Once a draft is available, they will present it to the ZBA for feedback. This will also
assist the Building Department in tracking during the building process. Donna Kalinick addressed the Board
stating the ADU process is separate from the ACDU (Accessory Commercial Dwelling Unit). Donna thanked the
ZBA for all the work they have done in the past hearing special permits for ADUs. Jon confirmed the focus is on
ADUs not ACDUs. Amanda Bebrin, Chair of the Planning Board and Jon Idman, Town Planner thanked the Board
for their time.
Matters Not Reasonably Anticipated by the Chair:
• none
The next meeting of the Brewster Zoning Board of Appeals is scheduled for August 8th, 2023.
Pat made a motion to adjourn the meeting, Jeff seconded the motion, the vote was taken, and the Board unanimously
voted to adjourn. Vote: 4-0-0. The hearing adjourned at 7:54 pm.
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