HomeMy Public PortalAboutZoning Board of Appeals -- 2023-09-12 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Town Hall Room B,_;�.
Tuesday, September 12, 2023, at 7 PM
Brian Harrison, Chair, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers, Bruce
MacGregor, and Trish Metz.
Also present: Andrew L. Singer, Esq. (ZBA #23-17), Jon Idman (Town Planner), 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 August 8th 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 August 8th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were
approved by a majority vote, Brian Harrison was absent at the last meeting and did not vote.
New Applications:
• ZBA case #23-17 Owner/Applicant: Allen and Jodie Cash -Eddy, Trustees of Jodie A. Cash Revocable Trust, 23
and 33 Franklin Cartway, Map 50, Lot 11 and 12 in the RM zoning district.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz.
Attorney Andrew Singer, representing the applicants addressed the Board informing them the request is for a
Special Permit to raze and replace, however the lot is changing. Currently the lot is very small, and the house is
close to the lot line. The applicants negotiated with the neighbors to the rear to purchase a portion of their land
to square off the lot and place the dwelling in the center of the property. Although it will decrease some of the
non -conformities it will not eliminate any. The footprint of the dwelling will be slightly larger on the new lot.
The increase is not detrimental to the neighborhood. It will provide the applicants with a larger home to
accommodate their growing family. Attorney Singer indicated there is no change of use, no wetlands, number
of bedrooms are remaining the same and no new non -conformities. He referred to the letters of support
provided in the hearing packet. Attorney Singer respectfully requested the Board grant the special permit.
Brian asked what mechanism was used to add on to the lot. Jon Idman, Town Planner informed the Board an
ANR plan was submitted to the Planning Board, there is a section under the zoning bylaw 179-27 which allows
pre-existing non -conforming lots to be reconfigured either by right or by special permit. The Town Planner and
the Building Commissioner discussed this with the applicant's attorney. It was the Town Planner and the
Building Commissioner's opinion that the configuration could be done as a matter of right. He indicated the
zoning bylaw has a special dispensation for reconfiguring pre-existing non -conforming lots. Attorney Singer
informed the Board that the Planning Board approved the ANR plan and if the ZBA grants the special permit a
new deed will be drafted and recorded. Attorney Singer highlighted lot 23 on the plan provided with the
hearing materials. He referred to the department comments included in the hearing packet and informed the
Board the applicants will follow up regarding the Water Department comments.
Pat made a motion to open to public input, Trish seconded the motion, all were in favor of opening up to public
input, there being no public input, Pat made a motion to close to public input, Jeff seconded the motion, all
were in favor to close to public input. The Board discussed the request to grant a special permit. After
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discussion, Trish made a motion to grant a special permit with the condition to record the ANR plan and the
deed, Pat seconded the motion, a vote was taken, and the Board unanimously granted the special permit.
For Your Information:
Jon Idman, Town Planner addressed the Board providing an update on the amendments to the Accessory
Dwelling Unit (ADU) Bylaw. He indicated through a series of listening sessions and public meetings the Planning
Board has now prepared draft amendments to the ADU provisions to the Select Board. They are about to begin
the statutory zoning hearing process under Chapter 40A. A hearing will be held on Wednesday, September 13,
2023. The Planning Board received a lot of positive comments from the public sessions and the draft being
presented reflects the goal to liberalize the creation of ADUs for the purpose of a tool for the year-round
housing issues facing the area while including more conservative language around not allowing use for
commercial and short-term rentals. It was proposed the Planning Board would be the issuing body for ADUs
going forward. He stated the Planning Board is hoping this will go to Town Meeting on November 131H
Matters Not Reasonably Anticipated by the Chair:
• The Board discussed the Volunteer Day scheduled for Saturday, September 30th. Ellen will provide an
information sheet and applications for vacancies on the Board.
There will be no hearing in October, the next hearing of the Brewster Zoning Board of Appeals is scheduled for
November 14th, 2023.
Trish made a motion to adjourn the meeting, Pat seconded the motion, the vote was taken, and the Board unanimously
voted to adjourn. Vote: 5-0-0. The hearing adjourned at 7:36 pm.
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