HomeMy Public PortalAboutZoning Board of Appeals -- 2024-01-09 MinutesTOWN OF BREWSTER ZONING BOARD OF APPEALS
HEARING MINUTES
Town Hall Room B
Tuesday, January 9, 2024, at 7 PM
Brian Harrison, Chair, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers, David
Ayers and Corey Gill. Bruce MacGregor and Trish Metz were absent.
Also present: Attorney Peter Freeman, Christina Carlson (Union Studio Architecture & Community Design), Joe
Henderson (Horsley Witten Group), Vida Shklovsky, (POAH), Attorney Benjamin Zehnder, Alex and Kristen Wentworth,
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: zba meeting@ brewster-ma.gov.
Review and Approval of November 14th hearing 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 November 14th hearing minutes, Jeff seconded the motion, a vote was taken, and the minutes
were approved by a majority vote.
Brian welcomed the newest member of the Board, Corey Gill, who will be joining as an alternate.
Notice of Project Change:
• ZBA Case #23-04 Applicants: Preservation of Affordable Housing, Inc., and Housing Assistance Corporation,
(represented by Peter L. Freeman, Esq.), Spring Rock Village 0 Millstone Road
Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers, David Ayers and Corey Gill
Attorney Freeman informed the Board pursuant to 760 CMR 56.05 (11)(a) and (b) and 760 CMR 56.07(4)
regulations when there are changes which are insubstantial a notice is submitted to allow the project to proceed
as modified without further Board review. Attorney Freeman provided an overview explaining the changes and
need for the changes. He indicated the cost of the project since the permit was approved has increased, which
is the driving force for the project change. He informed the Board that design changes have been suggested
that will save money. Attorney Freeman referred to the letter included in the packet from the Affordable
Housing Trust indicating they reviewed and supported the changes and determined the changes were
insubstantial. He then summarized the cover letter highlighting the changes. The buildings have been reduced
from 12 to 7, there are SO approved parking spaces with a reserve area for additional parking if needed and
open space has been slightly increased.
Christina Carlson walked through the slides to provide an understanding of the approved vs. the proposed
changes. Attorney Freeman stated the changes are necessary, however they are positive changes. He noted
the memo written by Jon Idman, Town Planner that was included in the packet. The Board discussed the fact
that the requested changes were insubstantial.
Pat made a motion to accept the proposed changes to the previously approved Comprehensive Permit Project
and determined they are insubstantial, Jeff second the motion, a vote was taken and unanimously approved.
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Public Hearing
New Applications:
• ZBA case #24-01 Owner/Applicant: MOG Real Estate Holdings, LLC (represented by Benjamin E. Zehnder,
Esq.), 94 Thad Ellis Road
Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers, David Ayers, and Corey Gill.
Attorney Benjamin Zehnder addressed the Board providing background information. He confirmed the lot is
conforming in the CH zoning district. Currently the lot contains an auto repair building, a residence and two
sheds. It is non -conforming from a use standpoint because it has two principal structures on one lot and has a
residential dwelling. The applicants are proposing to remove all of the structures and build a single structure to
serve their business. The use they are proposing is by right in the CH zoning district.
Attorney Zehnder informed the Board that earlier in the evening they received approval from the Conservation
Committee. The applicants are requesting a special permit because the proposed building is non -conforming on
the north side of the property. It is 14 feet from the property line where the requirement is 15 feet. They
propose to build the structure 4 feet closer due to the feasibility of building the new structure around the
current structure to allow their business to continue during the construction. Once the new structure is
completed the old structure can be removed from the inside and continue to operate. The request is to alter a
preexisting non -conforming structure in order to increase the non -conformity on the north side setback.
Attorney Zehnder referred to the memo from the Building Commissioner suggesting zoning relief. He indicated
the use of the property will remain the same and the residential dwelling will be removed. The design is an
improvement and not detrimental to the neighborhood. Pat asked a question in reference to the Fire
Department comment regarding whether the fire truck had sufficient access to the driveway. Attorney Zehnder
stated they have updated the plans to allow for sufficient access based on the comments. Applicant Alex
Wentworth informed the Board he reached out to all of the direct abutters and shared the plans of the
proposed building. He indicated they were all in support. The Board confirmed they received the letters of
support from the abutters. Pat made a motion to open to public input, Corey seconded the motion, a vote was
taken and the Board unanimously approved. There being no public input Pat made a motion to close to public
input, Jeff seconded the motion a vote was taken and the Board unanimously approved to close to public input.
Pat, Jeff, and David expressed their support.
Jeff made a motion to grant the special permit for ZBA case #24-01, 94 Thad Ellis Road as shown in the plans and
for the reasons documented in the application, Pat seconded the motion, a vote was taken, and the Board
unanimously voted to grant the special permit.
For Your Information:
• None at this time
Matters Not Reasonably Anticipated by the Chair:
• None at this time
The next Board of Appeals hearing is scheduled for February 13th, 2024.
Pat made a motion to adjourn the meeting, David seconded the motion, the vote was taken, and the Board unanimously
voted to adjourn. Vote: 5-0-0. The hearing adjourned at 7:26 pm.
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