HomeMy Public PortalAboutPlanning Board -- 2023-08-23 MinutesChair Amanda Bebrin convened a meeting of the Planning Board at 6:30 pm with the following members participating:
Charlotte Degen, Tony Freitas, Madalyn Hillis -Dineen, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also
participating: Jon Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Bebrin declared that a quorum
of the Planning Board was present. She read the Meeting Participation Statement and Recording Statement.
6:31 PM PUBLIC ANNOUNCEMENTS AND COMMENT
Jillian Douglass commented on the need for a rental registry in Brewster. She submitted a letter regarding this need
which will be provided to the Planning Board in their next meeting packet.
6:34 PM PUBLIC MEETING
Continued review and discussion on the Accessory Dwelling} Unit ADUprovisions of the zoning bylaw including review
and discussion of potential amendments.
Documents:
• Draft Article I General Provisions
• Draft Article IX Special Regulations
• Draft Table 1 Use Regulations
• Draft Table 2 Area Regulations
Building Commissioner Davis Walters, Assistant Town Manager Donna Kalinick, and Housing Coordinator Jill Scalise were
present.
Idman summarized revisions made to 179-42.2 based on discussion at the previous Planning Bord meeting. Section B
was changed to reflect that one ADU per lot is allowed. Section E was clarified to provide that a detached accessory
building with an ADU can only have bedrooms associated with the ADU. Idman stated that clarifying language was
added to Section G to noting that there is no minimum lot size required to construct and maintain an ADU. Revisions to
this section also included that lots under 15,000 SF require a special permit from the Planning Board. Section H was
revised to include 12 months as the minimum tenancy. Idman stated that Section O was revised to provide clarification
to enforcement remedies including that cooking facilities and associated utilities and fixtures may be ordered removed.
Idman referred the Planning Board to 179-2, the Definitions section of the zoning bylaw. He stated that revisions were
not made to the definition of accessory single-family dwelling unit or net floor area, but revisions were made to the
definition of one family detached dwelling to clarify that throughout the bylaw it is also referred to as a single-family
dwelling or single-family residence. The definition was also revised to include that a one family detached dwelling is
considered a principal use and principal structure.
Idman referred the Planning Board to Table 1, Use Regulations. He stated that no revisions have been made to this table
since the last meeting but reviewed the note that was added for the previous meeting regarding single-family residential
properties in the Commercial High Density zoning district.
PB Minutes 08/23/23 Page 1 of 4
Brewster Planning Board Approved:09/13/23
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2198 Main Street vote: 6-0-0
Brewster, MA 02631-1898
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(508) 896-3701 x1133
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brewplan@brewster-ma.gov
MEETING MINUTES
Wednesday, August 23, 2023 at 6:30 pm
Brewster Town Office Building
Chair Amanda Bebrin convened a meeting of the Planning Board at 6:30 pm with the following members participating:
Charlotte Degen, Tony Freitas, Madalyn Hillis -Dineen, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also
participating: Jon Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Bebrin declared that a quorum
of the Planning Board was present. She read the Meeting Participation Statement and Recording Statement.
6:31 PM PUBLIC ANNOUNCEMENTS AND COMMENT
Jillian Douglass commented on the need for a rental registry in Brewster. She submitted a letter regarding this need
which will be provided to the Planning Board in their next meeting packet.
6:34 PM PUBLIC MEETING
Continued review and discussion on the Accessory Dwelling} Unit ADUprovisions of the zoning bylaw including review
and discussion of potential amendments.
Documents:
• Draft Article I General Provisions
• Draft Article IX Special Regulations
• Draft Table 1 Use Regulations
• Draft Table 2 Area Regulations
Building Commissioner Davis Walters, Assistant Town Manager Donna Kalinick, and Housing Coordinator Jill Scalise were
present.
Idman summarized revisions made to 179-42.2 based on discussion at the previous Planning Bord meeting. Section B
was changed to reflect that one ADU per lot is allowed. Section E was clarified to provide that a detached accessory
building with an ADU can only have bedrooms associated with the ADU. Idman stated that clarifying language was
added to Section G to noting that there is no minimum lot size required to construct and maintain an ADU. Revisions to
this section also included that lots under 15,000 SF require a special permit from the Planning Board. Section H was
revised to include 12 months as the minimum tenancy. Idman stated that Section O was revised to provide clarification
to enforcement remedies including that cooking facilities and associated utilities and fixtures may be ordered removed.
Idman referred the Planning Board to 179-2, the Definitions section of the zoning bylaw. He stated that revisions were
not made to the definition of accessory single-family dwelling unit or net floor area, but revisions were made to the
definition of one family detached dwelling to clarify that throughout the bylaw it is also referred to as a single-family
dwelling or single-family residence. The definition was also revised to include that a one family detached dwelling is
considered a principal use and principal structure.
Idman referred the Planning Board to Table 1, Use Regulations. He stated that no revisions have been made to this table
since the last meeting but reviewed the note that was added for the previous meeting regarding single-family residential
properties in the Commercial High Density zoning district.
PB Minutes 08/23/23 Page 1 of 4
Idman referred the Planning Board to Table 2, Area Regulations. Idman stated that the language in Footnote 13 has
been clarified to provide a clearer understanding of accessory apartments and the process by which they are permitted.
Idman also noted that the term duplex was removed from the top of the table under Area as duplex is not defined in the
bylaw and not allowed. He noted that two principal dwelling units are allowed on a lot with appropriate street access
and double the minimum area required by the zoning district.
Idman relayed discussion points from a conversation with Town Counsel on the proposed revisions. Town Counsel
suggested that Brewster's definition of ADUs be revised to include that ADUs should have a separate entrance as
defined in the state zoning act. Idman stated that such language will be clarifying and assist with enforcement. Town
Counsel stated that bedroom limitations can sometimes be problematic in bylaws especially when dealing with fair
housing concerns. Idman stated that there is no discretionary process involving bedrooms and therefore it should not
be a problem. Town Counsel also noted that the definition of net floor area in the zoning bylaw is different than the
definition in the state building code. Idman and Walters discussed the differences in the definitions and do not see a
problem. Town Counsel also noted that Brewster's definition of ADU is not the same as the state zoning act as the size
requirements are proposed at a maximum of 1000 SF whereas the state maximum is 900 SF or 50% of the size of the
principal dwelling. Town Counsel's opinion is that the bylaw may need a 2/3 vote at Town Meeting as opposed to a
majority vote. Idman stated that he believes the proposed revisions should remain. There was additional discussion
with Town Counsel on Section H of 179-42.2 regarding special permits for part-time owners and for rental of both units
as well as technical edits.
Bebrin suggested an additional revision to Table 2, Footnote 13 to remove language requiring renters to vacate an
accessory apartment if the owner is away.
Wentworth asked for clarification on the differences in the definition of net floor area between Brewster and the state.
Idman responded that the state's definition removes such things as shafts, corridors, and toilet rooms from the
calculations. He further stated that Brewster's definition for net floor area is more like the state building code definition
for gross floor area. Degen asked if gross floor area should be used instead of net floor area. Idman stated that net floor
area is already defined in the zoning bylaw. Freitas asked about entries and the requirement for separate entries.
Idman responded that separate entries are required but they are excluded from the calculation of net floor area. Idman
clarified that shared entries are allowed with separate doors.
Walters addressed a concern raised regarding fire separation. He also stated that two means of egress are required in
Massachusetts. Walters stated that gross floor area is usually used in the commercial code not with residential
properties so he would advise against using gross floor area in the zoning bylaw. Walters stated that there is no size
restriction on bedrooms in the building code, but he is limited in his review of plans to what rooms are labeled. He gave
an example of a room labeled as a walk-in closet potentially becoming an additional bedroom. He suggested the
definition of net floor area remain as proposed.
Taylor asked for clarification on the differences between an ADU and an accessory apartment. She stated that an
accessory apartment is limited to 600 SF. Idman stated that an accessory apartment must be attached, is limited to 600
SF, and requires a special permit from the ZBA. There was discussion on whether an ADU and accessory apartment can
exist on one lot. Idman suggested language that an ADU and accessory apartment is not allowed on the same lot.
Bebrin stated that there are no tenancy requirements for accessory apartments. The Planning Board continued to
discuss the differences between ADUs and accessory apartments and whether accessory apartments should be removed
from the bylaw. Michaels noted that the zoning bylaw also regulates accessory residential buildings. Degen stated that
if the bylaw does not allow for both accessory apartments and ADUs on one lot then the goal of creating more rentals is
not being met. Idman and Walters both suggested that accessory apartments remain in the zoning bylaw and noted
their removal could create unintended consequences. Wentworth asked if removing accessory apartments would
impact those who already had one and Walters responded that the accessory apartment would become pre-existing
non -conforming. Wentworth stated that keeping accessory apartments allows for an owner to choose an accessory
PB Minutes 08/23/23 Page 2 of 4
apartment over an ADU. Walters responded that accessory apartments provide owners who may not have the space for
an ADU with an option. Hillis -Dineen confirmed with Walters that there is no limitation on rental terms for accessory
apartments so one could potentially become a year-round rental. Idman noted that accessory apartments require a
special permit through the ZBA. Michaels stated that ADUs have requirements that accessory apartments do not such
as a yearly affidavit. These requirements may cause owners to decide to pursue an accessory apartment over an ADU.
Bebrin stated she believed that both accessory apartments and ADUs should remain as they provide housing options.
The Planning Board decided that both would remain as housing options.
Bebrin asked the Planning Board to consider whether leases of less than 12 months should be allowed for owner
occupants. She suggested a 6 -month lease term for ADUs with owner occupants. She noted that even with a shorter
lease the ADU would have to be continuously occupied. She referenced ADU lease terms from surrounding towns.
Bebrin noted that the Planning Board has decided that a 90 -day lease term is too short. Bebrin stated that currently the
development of ADUs is tepid as they are not being created on a scale that has been effective for providing rental
housing. She wondered if the requirement of a 12 -month lease has also hindered development as a shorter lease term
provides more flexibility. Taylor stated that she didn't think the rental period was a barrier in creating ADUs. She
further stated that affordability and permitting were barriers to creating ADUs. Taylor also stated that a separate short-
term rental bylaw was needed. Bebrin noted that there are condo associations in Brewster with a very residential feel
that have 6 -month leases. She stated that 6 months is enough to establish residency. Bebrin stated that those who
could benefit from shorter term leases include students, researchers, those in transition, college students, those looking
to try living here to see if they want to stay, artists, writers, and travel nurses and doctors. Bebrin stated that the
benefits of ADUs include increasing the housing stock, not impacting the tax base, and not being constrained by
financing and regulations for creating larger developments. Owners will not be required to have 6 -month leases they
can be longer. Bebrin stated that this flexibility may help meet a currently unmet housing need.
Taylor stated that the Planning Board can come back later and change the bylaw if needed but she believes the lease
period for ADUs should remain at 12 months. Degen stated that leases could be written for 6 months noting the May
through October period in which people could just be using them for summer housing. Bebrin responded that ADUs are
required to be continuously occupied so a 6 -month lease would need to be followed by another 6 -month lease. Degen
stated that 6 -month leases could be a burden to owners and difficult to monitor. Michaels stated that year-round
housing in his opinion means 12 months and allowing for shorter lease terms sends an unclear message if the goal is to
create year-round housing. Freitas expressed concern that allowing for shorter term leases could create a need for
people to have to vacate their rental during the summer season when owners could charge more money for a rental.
Hillis -Dineen stated that year-round housing requires 12 -month leases. ADUs will be required to be leased and occupied
for no less than 12 months at a time.
Jillian Douglass stated that in her experience people are allowed to break leases and negotiate different terms after a
lease has been signed. If a renter breaks a lease, the ADU owner should be required to seek another year-round lease.
Kalinick thanked the Planning Board for their work on amending the ADU provisions.
Motion by Wentworth to Submit the Draft Written Amendments Discussed by the Planning Board Related to Sections
179-42.2, 179-2, Table 1, and Table 2 as Proposed Amendments to the Select Board to Initiate the Process under MGL
Ch. 40A, Section 5, Subject to Further Revisions to Add Entrance Language from MGL Ch. 40A, Section 1A to Brewster
Zoning Bylaw Chapter 179-42.2, Subsection A, to Add Language to Table 2, Note 13 Regarding Not Allowing an
Accessory Apartment and ADU on the Same Lot, Deleting Language from Table 2, Note 13 Beginning with "During",
and Subject to Town Counsel's Further Drafting and Technical Edits. Second by Degen. Vote: 7-0-0.
Idman noted that the Planning Board still has time to consider and revise the proposed ADU amendments. The Select
Board will receive the proposed amendments at their September 111h meeting and refer the amendments back to the
Planning Board for hearing on September 131''. Kalinick noted that she expects the warrant to be posted and closed by
PB Minutes 08/23/23 Page 3 of 4
the Select Board on Monday, October 16th. Kalinick also noted that both the Select Board and the Finance Committee
review and vote on warrant articles.
7:41 PM APPROVAL OF MEETING MINUTES
No meeting minutes available for approval.
7:42 PM COMMITTEE REPORTS
Freitas stated that the Affordable Housing Trust held a joint meeting with the Select Board and other town committees
regarding local preference specifically for the Millstone Road housing development. Kalinick noted that after that
meeting the Select Board voted to make a request to the state for 55% local preference and 15-20% regional preference
for the Millstone Road housing development. The housing development has been named Spring Rock Village.
Wentworth stated that the Vision Planning Committee has been working on outreach, review of an implementation
diagram, and voted to recommend the Local Comprehensive Plan to the Select Board for Fall Town Meeting. Degen
provided a summary of the Select Board's meeting on August 21St including: thanking everyone involved with the
successful opening and operating of the pool this summer, the Fire Department received a $90,000 training grant, a
common victualler license was granted to the Peacemaker on Main Street, an update on the Local Comprehensive Plan,
Mark Nelson of Horsley Witten provided an updated analysis on new Title 5 and watershed regulations, an update from
the Pleasant Bay Alliance, and the town has achieved safe harbor status. Bebrin announced Brewster's first volunteer
fair and luncheon which will take place on Saturday, September 30th starting at 10:00 am at the dining hall at the former
Sea Camps property. Freitas and Michaels will be representing the Planning Bord at the fair. Bebrin stated that the
second Sea Camps planning survey is open and can be found on the town website. She encouraged everyone to take the
survey which will be open through Sunday, August 27th
7:56 PM FOR YOUR INFORMATION
The Planning Board received an email from Patricia Hess dated August 15, 2023. The email was a follow up to the
presentation Hess made to the Planning Board on the demolition delay bylaw and further discussion on the bylaw
between the Historical Commission and OKH Historic District Committee.
Freitas requested information on a bill pending in the House of representatives regarding a proposed tax rate increase
on short-term rentals. Staff will review and report back.
Motion by Wentworth to Adjourn. Second by Degen. Vote: 7-0-0. The meeting adjourned at 7:58 PM.
Next Planning Board Meeting Date: September 13, 2023.
Respectfully submitted,
Lynn SCyr,nior De �rtment�AssistantPlanWing
PB Minutes 08/23/23 Page 4 of 4