The URL can be used to link to this page

Home My Public Portal AboutZoning Board of Appeals -- 2023-08-08 MinutesTOWN 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. (ZBA #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 #23-13 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 #23-14 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 1 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- 256 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 #23-15 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,OOOsq 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 2 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 #23-16 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. Page 3 of 3