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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