HomeMy Public PortalAboutZBA Hearing Packet 09/12/2023
Town of Brewster
Zoning Board of Appeals
2198 Main St., Brewster, MA 02631
brewplan@brewster-ma.gov
(508) 896-3701
ZBA MEETING AGENDA
2198 Main Street Room B
September 12, 2023 at 7:00 PM
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.
Members of the public who wish to access the meetings may do so in the following manner:
1. Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258
To request to speak: Press *9 and wait to be recognized.
2. Zoom Webinar: https://us02web.zoom.us/j/88076668068?pwd=b3lXWnMwM2tybTk4SzlKMk5vT3NTUT09 enter Passcode 047258
To request to speak: Tap Zoom “Raise Hand” button, then wait to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting,
may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time
via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video
recording (tv.brewster-ma.gov).
Please note that the ZBA may take official action, including votes, on any item on this agenda.
Zoning Board
Brian Harrison
Chair
Jeff Carter
Vice Chair
Patricia Eggers
Bruce MacGregor
Trish Metz
Department Assistant
Ellen Murphy
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement: As required by the Open Meeting Law we are informing you that the Town will be video
and audio taping as well as broadcasting this public meeting. In addition, if anyone else intends to either video or audio
tape this meeting they are required to inform the chair.
5. Public Announcements and Comments: Members of the public may address the ZBA on matters not on
the meeting’s agenda for a maximum of 3-5 minutes at the Chair’s discretion. The ZBA will not reply to statements
made or answer questions raised during public comment but may add items presented to a future agenda
6. Approval of Meeting Minutes
7. Applications:
New Applications:
ZBA Case #23-17 Owner/Applicant: Allen and Jodie Cash-Eddy, Trustees of Jodie A. Cash
Revocable Trust, 23 and 32 Franklin Cartway, Map 50, Lot 11 & 12, in the RM zoning
district. The applicant seeks a special permit pursuant to Section 179-25B of the Brewster
Zoning Bylaw to raze and replace a pre-existing nonconforming single-family dwelling
which encroaches further into the required setbacks.
8. For your Information
9. Matters Not Reasonably Anticipated by the Chair
10. Next Meeting: October 10, 2023
11. Adjournment
Date Posted: Date Revised: Received by Town Clerk:
8/16/2023
Page 1 of 3
TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Town Hall Room B
Tuesday, August 8, 2023, at 7 PM
Jeff Carter, Vice Chair acting as Chair, convened the Brewster Zoning Board of Appeals with members: Patricia Eggers,
Bruce MacGregor, and Trish Metz. Brian Harrison, Chair was absent.
Also present: Russell Karasik and Mark Grant (ZBA # 23-13), Andrew L. Singer, Esq. (ZBA #23-14), Mark H. Bourdeau, Esq.
(ZBA case #23-15), Thomas H Moore, Design Co. (23-16), Jon Idman (Town Planner), Davis Walters (Building
Commissioner), 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: zbameeting@brewster-ma.gov.
Review and Approval of July 11th meeting minutes:
Jeff asked the Board if there were any changes to the minutes. There being none, a motion was made by Pat to
approve the July 11th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were
approved by a majority vote, Bruce MacGregor was absent at the last meeting and did not vote.
New Applications:
ZBA case #22-13 Owner/Applicant: Russell Karasik, 24 Oak Lane, Map 125, Lot 13 in the RR zoning district.
Members present and voting: Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz.
Jeff Carter called ZBA case # 23-13. Russell Karasik and Mark Grant addressed the Board providing an overview
of the request for a special permit for an addition to the existing dwelling and extend the existing deck. Mr.
Karasik indicated that he has support from the Robinswood HOA president. He highlighted other letters of
support from neighbors and stated there is no negative impact to the neighborhood. Pat asked about the
common space in the rear of the property. Mr. Karasik stated it is all wooded and when the subdivision was
created the area was not large enough for another house, so it remains as an undeveloped lot between Oak
Lane and Holly Avenue. He confirmed that the deck would encroach on that area of land. Pat made a motion to
open to public comment, Trish seconded the motion a vote was taken, and the Board unanimously approved to
open to public comment. There being no public input, the Board voted to close to public input. There being no
more discussion by the Board, Trish made a motion to approve ZBA case #23-13 to grant a special permit, Pat
seconded the motion, a vote was taken, and the Board unanimously granted ZBA case #23-13 a special permit.
ZBA case #22-14 Owner/Applicant: Captain Del Associates, Inc., (represented by Andrew L. Singer, Esq.), 261
Linnell Landing Road, Map 103, Lot 12-0 in the RM zoning district.
Members present and voting: Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz.
Jeff Carter called ZBA case #23-14. Andrew Singer, Esq. addressed the Board referring to a summary of
reasoning and pictures that were included in the packet. He stated the property is also known as Linger Longer.
He provided background on the property and indicated it is preexisting non-conforming due to use and number
of dwellings on the property. The main residential building has 6 units and there are 7 other residential
buildings on the property. He informed the Board the request is for use only, there are no changes to the
buildings on the property. The property has legally been under condominium ownership since 1979, although
none of the units were sold. Attorney Singer continued to provide background information to the Board. He
Page 2 of 3
informed the Board the current owners want to sell the property to individual owners however keeping the
character of the property. The current owners are requesting to allow all thirteen units to be multifamily use
which they believe is the best way to preserve the ambiance and character of the property moving forward. He
informed the Board the Building Commissioner referred to the ZBA for a special permit under zoning bylaw 179-
25B to change the pre-existing, non-conforming accommodations use and provide relief under zoning bylaw
179-28A to change from one non-conforming use to another non-conforming use provided the proposed use is
not a substantially different use from the current use. Attorney Singer read guidance under zoning bylaw 179-
28A and stepped through the current use. He indicated there will be very few changes if any from the public
point of view. He stated many families have been coming to Linger Longer for decades and have expressed
interest in owning a unit if the request is granted. There are plans to mark the parking spaces to indicate each
unit and include visitor spaces. He highlighted the letters of support that were included in the hearing packet.
He asked the Board to respectfully make a determination that the proposal is not for a substantially different
use and that the proposal is not substantially detrimental to the neighborhood and community that is there
today.
Trish asked who would manage the property. Attorney Singer stated the condominium association would
decide to manage it themselves or hire someone to manage the property. Trish expressed her full support for
the project and informed the Board she has stayed at the property multiple times in the past prior to owning
property in Brewster.
The Board voted to open to public input. There being no public input the Board unanimously voted to close to
public input. Pat asked what exactly does the Board need to grant? Attorney Singer stated a special permit to
change a pre-existing non-conforming accommodation use to a multi-family residential use. The Town Planner,
Jon Idman agreed and informed the Board they need to first make a determination that the proposed use is not
substantially different than the existing non-conforming use. If the Board makes that determination the project
is eligible to be granted a special permit. Jon clarified there are two ancillary findings; the proposed non-
conforming use is not substantially different than the existing non-conforming use. The second finding is the
proposed use is not substantially detrimental to the neighborhood and the existing use and structures.
Bruce expressed a concern that the units could be used as Airb&bs. The Board discussed options for bookings
and who would manage the condo association. Attorney Singer informed the Board there will be limits on
rentals and rules and regulations in the condo documents. He indicated that many people who have expressed
an interest to purchase property are people who have been coming to Linger Longer for many years. Carol
Austin, president of Captain Del Associates and a resident addressed the Board confirming they do not want
Airb&b, and rules and regulations as well as restrictions on rentals will be managed by the condo association. As
a resident they will have control. Resident Alice Barber Barillo, 197 Linnell Landing, addressed the Board
informing them she works for Captain Del Associates and is an abutter. Her family has stayed at Linger Longer
for over 60 years and has a vested interest in the property. After discussion by the Board, a motion was made
by Pat and seconded by Trish to grant the Special Permit based on the findings discussed to change the pre-
existing non-conforming use and authorize year-round multi-unit/multi-family dwelling use. A vote was taken,
and the Board unanimously granted the Special Permit subject to the conditions agreed upon.
ZBA case #22-15 Owner/Applicant: George E. Martin and Lorraine M. Spenie, (represented by Mark H.
Bourdeau, Esq.), 169 and 173 Paines Creek Road, Map 36, Lot 15 in the RM zoning district.
Members present and voting: Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz.
Jeff Carter, Vice Chair informed attorney Bourdeau the Board only has 4 members and therefore a unanimous
vote is required. Attorney Mark Bourdeau representing the owner/applicant addressed the Board providing
background on the property. He indicated the proposal is to divide the lots along the topography as the two lots
have been used historically. The front lot would be 30,000 sq.ft and the back lot would be 76,213 sq ft. He
indicated he met with the Jon Idman, Town Planner and Davis Walters, Building Commissioner to discuss the
proposal and modified the plan. Because there would not be enough frontage at 173 Paines Creek Road they
are proposing a variance for a driveway to the property and at 169 Paines Creek Road they are requesting an
area variance from the required 60,000sq ft to 30,200sq ft. He indicated the property would not change and it is
unique in the area. There are a very few properties with two dwellings on a property. The property is unique
Page 3 of 3
due to the topography. The Board discussed the proposal regarding the lots and the division of the two
properties. The owner/applicants want to establish two lots for their son and themselves. The lots and the
dwellings were created prior to zoning and subdivision control in the Town. Jon Idman, Town Planning informed
the Board there is a provision in the zoning bylaw that allows you to divide the property as a matter of right
without doing a subdivision on the basis of those two dwellings, although you still might create a zoning
violation and that is why a variance is needed. After much discussion by the Board, Pat made a motion to grant
the variances to allow for the division of the property as outlined on the plan, Trish seconded the motion, a vote
was taken, and the Board unanimously granted the variances.
ZBA case #22-16 Owner/Applicant: Maura and David Clancy, (represented by Thomas A. Moore, Design Co.),
216 Commons Way, Map 97, Lot 76 in the RR zoning district.
Members present and voting: Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz.
Jeff Carter, Vice Chair informed Thomas Moore, representing the owner/applicant the Board only has 4
members and therefore a unanimous vote is required. Mr. Moore and Mr. Clancy addressed the Board. Mr.
Moore provided background information on the proposal. He indicated the property is non-conforming due to
the size of the lot in a RL zoning district, and front, left and right setbacks. They are proposing to add a one-car
garage with a sunroom on the backside of the garage on the right side, encroaching on the right side and on the
front. Mr. Moore indicated that the proposed addition will not be detrimental to the neighborhood, the lots are
all small with modest homes. He referenced letters of support from the neighbors which were included in the
hearing packet for the Board’s review. Pat made a motion to open to public comment, Trish seconded the
motion, the Board voted unanimously to open to public comment. Jessica Gelatt, 211 Commons Way, joined
remotely and informed the Board she wrote a letter and expressed her and her neighbor’s support. There being
no more public comment a vote was taken to close to public comment. The Board voted unanimously to close
to public comment. Bruce made a motion to grant ZBA case #23-16 a Special Permit for a pre-existing non-
conforming single-family dwelling, Pat seconded the motion, a vote was taken, and the Board unanimously
granted ZBA case # 23-16 a Special Permit.
Matters Not Reasonably Anticipated by the Chair:
The Board discussed the vacancies on the Board. Ellen informed the Board she reached out to the interested
candidate providing the information to apply.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for September 12th, 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: 4-0-0. The hearing adjourned at 8:29 pm.
1
Law Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dennisport, Massachusetts 02639
Andrew L. Singer Tel: (508) 398-2221
Marian S. Rose Fax: (508) 398-1568
_____ www.singer-law.com
Myer R. Singer (1938-2020)
Locus: 23 Franklin Cartway Zoning Board of Appeals
Applicants: Jodie Cash Eddie and Allen Eddy, Submitted: 9.7.2023
Trustees of the Jodie A. Cash Revocable Trust (#23)
Robert and Cheryl Dolan,
Trustees of the Robert J. Dolan Sr. 2021 Trust and the
Cheryl M. Dolan 2021 Trust (#33)
SUMMARY OF REASONING
The Applicants, Jodie Cash Eddie and Allen Eddy, Trustees of the Jodie A. Cash
Revocable Trust, own a property located at 23 Franklin Cartway (the “Property”). Cheryl and
Robert Dolan, as trustees of their namesake trusts, also join this application as they are the
owners of a parcel of land, 33 Franklin Cartway) located immediately to the rear of the 23
Franklin Cartway’s original rear property line for which they are in contract to sell to the Cash-
Eddy’s. (See further below for more detail).
The Property has been in Ms. Cash-Eddy’s family since 1948 and is improved with a
modest single-family dwelling which is now well over fifty years old. The existing dwelling, on
a lot that is 2,500 square feet in area, is pre-existing nonconforming as to all setbacks and as to
coverage in the RM zoning district. The lot is pre-existing nonconforming as to lot size and
frontage. The Applicants seek to raze the existing dwelling and replace it with a new two-story
2
dwelling which will be centered on a slightly larger and more traditionally shaped lot rather than
located within two feet of the left-side setback as is the existing dwelling (proposed left side
setback: 7.2 ft. where 25 f.t required). The proposed dwelling will be less nonconforming to
three of four setbacks but continue to be nonconforming to all setbacks. (front setback: 18 ft.
existing, 21 ft. proposed, 40 ft. required; right side setback: 14 ft. existing; 11 ft. proposed and
left side setback: 2 ft. existing; 7.2 ft. proposed where 25 ft. required; rear setback: 12 ft.
existing; 15 ft. proposed from combined lot’s rear property line; where 25 ft. required.).i Lot
size will remain considerably nonconforming. (2,500 s.f existing; 2685 s.f proposed where
60,000 sf. required). Building coverage will continue to be nonconforming, increasing from
29.6% to 30.1% where 25% is the maximum allowed. (existing building coverage 817 s.f.;
proposed building coverage 1,108 s.f).
The Applicants’ existing lot has an unusual rear lot line, created through court-recognized
adverse possession claim. The Applicants have entered an agreement with their neighbors at 33
Franklin Cartway to purchase a parcel of land to “square off” the rear lot line. The Applicants
have not yet purchased the parcel. However, with the consent and support of the owners of 33
Franklin Cartway, the Applicants submitted an ANR plan of the proposed parcel to the Planning
Board and the Plan was approved on July 26, 2023. Only the rear line of the Property has
changed in relation to the existing dwelling on the Property.
The Applicants seek a special permit under section 179-25B of the Brewster Zoning By-
Law to raze and replace a pre-existing nonconforming single-family dwelling on a lot which is
nonconforming as to size, building coverage and all setbacks with a single-family dwelling on a
larger but still nonconforming as to size lot and ask that the Board find that the proposed work is
not substantially more detrimental to the neighborhood for the following reasons:
3
1. No new non-conformities in terms of height, lot coverage, front, side, and rear
yard setbacks will be created and there will be a net decrease in the degree of
nonconformity of setbacks given that the proposed dwelling will be centered on
the lot rather than located within two feet of the left side setback;
2. The proposed dwelling remains of modest size and is keeping with the homes in
the neighborhood. The proposed work has been reviewed and is supported by four
neighbors, 3 of whom are immediate neighbors;
3. No disturbance to the neighborhoods is anticipated given that the Property will
continue its existing single-family use;
4. There are no wetlands on the site and no wetlands resource buffer areas on site.
water supply wells is anticipated. In addition, the proposal will not result in the
degradation of groundwater quality or coastal water quality off site, and there will
be no negative ecological impacts to surface waters;
5. The Property has adequate utilities and public services;
6. The proposed new dwelling will be less nonconforming as to front, left-side and
rear setbacks than the existing dwelling. Existing building coverage is
nonconforming and the modest increase in coverage (less than 300 s.f.) is not
detrimental to the neighborhood, as those potentially most affected, the immediate
neighbors, have given their support to the project;
7. Building height for the existing dwelling and the new dwelling (25+/- feet) will
remain conforming.
8. The Property is not within Conservation jurisdiction and the work to be done is
not anticipated to disturb more than 2,500 s.f. of land. Construction practices and
4
drainage will meet the requirements of the Brewster Storm Water By-Law. No
substantial harm to the environment is anticipated;
9. There is adequate off-street parking for the continued residential use of the
Property, and there will be no decrease in traffic safety;
10. There will be no negative impact on water supply or drainage; and
11. The proposal will not adversely affect the public health, safety, convenience or
general wellfare of the Town.
For the above reasons, the Applicant respectfully requests that the Board make findings
that the criteria for a special permit are met and grant approval allowing the proposal to be
completed as shown on the submitted plans.
i Note that even if the existing rear setback is measured from the existing structure to the combined property line, the
rear deck is still within the 25 foot setback. As such, Brewster Town Planner, Jon Idman, has indicated that this
project would need relief in the form of a special permit from the Board of Appeals.
Application#23-17 www.brewster-ma.gov Page 1 of 2
9/7/2023
DEPARTMENT REVIEWS
Application #23-17
APPLICANT: Alan and Jodie Cash-Eddy, Trustees of Jodie A. Cash Revocable Trust
REPRESENTATIVE: Marian S. Rose, Esq.
MAP/LOT: Map 50, Lot 11 & 12
PROPERTY ADDRESS: 22 and 32 Franklin Cartway
Received from:
Natural Resources Dept. Comments received from Chris Miller
No comments at this time.
Historic District Committee Comments received from Erika Glidden
The property listed is not in the Historic District.
Planning Dept. Comments received from Jon Idman
Any approval should be conditioned on conveyance of the additional land area for 23 Franklin
Cartway from the owner of 33 Franklin Cartway. A copy of the deed should be provided to the
building department at the time of the building permit application.
Water Dept. Comments received from Paul Anderson
23 Franklin Cartway currently has water, but the service appears to be old. We would
recommend they install a new service to the new dwelling and install the water meter in the
dwelling rather than in a meter pit as it currently is. They should contact our office prior to
construction and request a cut and cap of the existing service.
Fire Dept. Comments received from Chief Moran
New construction to comply with 527 CMR 1.00 Massachusetts Comprehensive Fire Safety
Code and Building Code requirements for smoke and carbon monoxide detector compliance.
Fire Department request owner approval to utilize dwelling for non-fire training prior to removal.
Fire Department will coordinate with owner if approved.
Police Dept. Comments received from Lt. Charles Mawn
Police Department has no comments on this application.
Health Dept. Comments received from Sherrie McCullough
Health department files indicate a 1978 Title 5 code system servicing the existing three-
bedroom dwelling.
The dwelling is located on a 2,520 SF lot and is serviced by town water.
The lot does not lie with the zone of contribution (Zone II) or the District of Critical Planning
Concern (DCPC). It does lie within the Cape Cod Bay Embayment.
The proposed floor plan submitted indicates a new dwelling with three bedrooms and an
“office”. The “office” as presented meets the Brewster Board of Health’s definition of a
bedroom deeming the new dwelling a four-bedroom single family home.
Prior to construction, septic plans and a Building Waiver Application will need to be submitted
to the health department for a full review of the proposal prior to final approval.
Any proposed variances to the septic design will need Board of Health approval.
Brewster Zoning Board of Appeals
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1168
brewplan@brewster-ma.gov
Application#23-17 www.brewster-ma.gov Page 2 of 2
9/7/2023
Building Dept. Comments received from Davis Walters, Building Commissioner
The new structure represents a significant increase in height (from 14’1” to 25’2” TOF) and
volume from existing one-story dwelling.
Archive d: Thursday, September 7, 2023 3:33:51 PM
From: Jonathon Idman
Se nt: Mon, 28 Aug 2023 12:39:01 +0000Authentication
To: Ellen Murphy
Subje ct: FW: 23 Franklin Cartway - Brewster
Se ns itivity: Normal
Jonathon D. Idman
Bre wster Town Pl anner
(508) 896-3701 x. 1150
From: Paul Dohe rty <paul @ddmul ch.com>
Sent: Monday, August 28, 2023 6:55 AM
To: Jonathon Idman <jIdman@bre wste r-ma.gov>; msrose @si nge r-l aw.com
Subject: 23 Frankl i n Cartway - Bre wster
To the ZBA Board, via Jon Idman, Town Planner
Re: Proposed Project at 23 Franklin Cartway
My name is Paul and Tracey Doherty and we live at 93 Byf ield cartway in Brewster. We are familiar with the project proposed at
23 Franklin Cartway and support it.
Should you have any questions, please don't hesitate to contact us.
--
Paul D. Doherty
Pa ul D. Doherty
Presi dent
D&D Mulch and La ndsca pe , Inc.
236 Maple Street
Bellingha m, MA 02 019
Office Phone (508) 4 78-1225
Fa x (508) 478-12 71
Cell (508) 92 2 -6009
E-Mai l: P a ul@ddmul ch.com
Archive d: Thursday, September 7, 2023 3:34:31 PM
From: Jonathon Idman
Se nt: Mon, 28 Aug 2023 12:39:01 +0000Authentication
To: Ellen Murphy
Subje ct: FW: 23 Franklin Cartway - Brewster
Se ns itivity: Normal
Jonathon D. Idman
Bre wster Town Pl anner
(508) 896-3701 x. 1150
From: Paul Dohe rty <paul @ddmul ch.com>
Sent: Monday, August 28, 2023 6:55 AM
To: Jonathon Idman <jIdman@bre wste r-ma.gov>; msrose @si nge r-l aw.com
Subject: 23 Frankl i n Cartway - Bre wster
To the ZBA Board, via Jon Idman, Town Planner
Re: Proposed Project at 23 Franklin Cartway
My name is Paul and Tracey Doherty and we live at 93 Byf ield cartway in Brewster. We are familiar with the project proposed at
23 Franklin Cartway and support it.
Should you have any questions, please don't hesitate to contact us.
--
Paul D. Doherty
Pa ul D. Doherty
Presi dent
D&D Mulch and La ndsca pe , Inc.
236 Maple Street
Bellingha m, MA 02 019
Office Phone (508) 4 78-1225
Fa x (508) 478-12 71
Cell (508) 92 2 -6009
E-Mai l: P a ul@ddmul ch.com