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Zoning Board of Appeals
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Date : Approved : May 9, 2017
Vote : 7-0-0
TOWN OF BREWSTER
Zoning Board of Appeals
Tuesday, April, 2017 at 7 : 00 PM
Brewster Town Office Building
Attending Committee Members : Brian Harrison (Chairman), Leslie Erikson, John Nixon, Patricia Eggers and
Bruce MacGregor were present.
Members missing; Paul Kearney and Arthur Stewart.
To review past/present hearing: www.brewster-ma.gov/documents and archives/Ch 18 video
archives/recent videos/ ZBA 04- 11 - 17
Minutes of March 14, 2017
MOTION by Leslie Erikson to accept the Minutes of March 14, 2017 as presented. Second by Bruce MacGregor.
VOTE 3 -0-2
17-04 Brewster Mill Sites Committee , (represented by Doug Erickson and Attorney Roger O'Day), 830 Stony Brook
Road, MAP 35 LOT 42 (previously M 36 L 21) in the RR zoning district. The applicant seeks a Dimensional Variance or in
the alternative a Special Permit under MGL 40A and Brewster Zoning Bylaw 179-52, Table 2, Note 4 or 6 to place a handicapped
accessible bathroom facility on the Brewster Mill property with side setback issue
Members hearing this application are; Bruce MacGregor, Brian Harrison, John Nixon, Patricia Eggers and
Leslie Erikson.
Attorney Roger O'Day and Mr. Doug Erickson presented this application.
Mr. O'Day gave a brief overview;
• The Mill Sites Committee requested a Special Permit / Variance from the Building Department
• Victor Staley's letter of 2- 13- 17 requested a Dimensional Variance
• Could be heard as a Special Permit as a continuance of a pre-existing use.
• The entire site is considered a "living factory" with the actual damn (gates) and mill (machinery for grinding) and
thus sales to the public. The site is clearly pre-existing
• Accommodates the migration of fish.
Questions by the Board
• Creating a new non-conformity?
• Majority of the Board felt a Variance is a safer route
• Certainly meets hardship and topography issues as there is no place on the site to put the structure due to the
water and traffic/parking issues.
• Bathroom facilities are necessary for ease of access and public usage
• Conservation and HDC have approved the project as presented
• This building is without substantial decrement to the neighborhood
• Mr. O'Day and Mr. Erikson discussed why this area was picked for the site; gets the building away from the Mill
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ZBA Minutes 04-14- 17
(Exposed foundation)
• Handicapped accessible
• as far out of view of the mill
• anywhere it is placed violates setbacks from the street
• Shed (8X8) to be used for bathroom, tool storage and informational signs,
• At this spot it allows for access by Disposal Company.
• sited for minimal excavation for the concrete building slab
Further Questions
• Concern that the access route meets the proper grade of the Architectural Access Board code 521
Open to Public Input
• Peter lohmmn (Brewster Conservation Trust) spoke in support, enthusiastically approve of this addition to the Mill
Site
• Gino Verzone (abutter) indicated his approval of this project
MOTION by John Nixon to Close to Public Input,
Second by Patricia Eggers.
VOTE : 5-0-0
Further Discussion by the Board
• Do you HAVE to have a handicapped bathroom? NO, but to accommodate the public at this historic site it
recommended
• It is aesthetically more attractive and accessible than the port-a-potty
MOTION by Patricia Eggers to APPROVE Dimensional Variance 17-04 to the Brewster Mill Sites Committee to allow the
placement of the described building with setbacks stated on the record with the following condition; (pathway to
bathroom) (access) Accessible grading to meet Architectural Access Board code 521. Second by John Nixon. VOTE: 5-0-0.
MOTION by Patricia Eggers to adjourn at 7: 25pm
Second by John Nixon. VOTE : 5-0-0
Respectfully submitted,
L6 `t�3
Marilyn Mooers d inistrative Assistant
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ZBA Minutes 04-14-17