HomeMy Public PortalAboutPlanning Board -- 2018-08-22 Minutes ��. Brewster Planning Board Approved • 10/10/18
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MEETING MINUTES
Wednesday, August 22 2018 at 6 : 30 pm
Brewster Town Office Building
Chair Kari Hoffmann convened the Planning Board meeting at 6 : 30 pm in the Brewster Town Office Building with
members : Roberta Barrett, Ned Chatelain , Charlotte Degen , Madalyn Hillis- Dineen , Elizabeth Taylor, and Paul Wallace .
Also present: Lynn St . Cyr , Senior Department Assistant , Mary Chaffee , Select Board Liaison , Jill Scalise , Housing
Coordinator , Donna Kalinick , Assistant Town Administrator and Laura Harbottle , Consultant .
The Chair read the Recording or Taping Notification : "As required by the Open Meeting Law we are informing you
that the Town will be audio and video taping this public meeting . In addition , if anyone else intends to audio or video
tape this meeting he or she is required to inform the chair. "
A member of the audience acknowledged that he was also audio recording the meeting .
Hoffmann reviewed the schedule for tonight's Planning Board meeting .
The Board discussed guidelines for the Citizen ' s Forum including a 3 minute time limit for each speaker and that Board
members would refrain from providing comment in response to speakers to avoid any violation of Open Meeting Law.
Motion by Wallace to Accept Citizen ' s Forum Guidelines , as discussed . Second by Barrett. Vote : 7 -0 -0 .
6 : 36 PM CITIZEN ' S FORUM
Fred Budreski , 157 Sheep Pond Drive , spoke on behalf of Sheep Pond residents the recreational marijuana retailer
proposed for 1195 Long Pond Road . Budreski expressed concerns regarding safety and traffic issues including that a
school bus stop was located near the proposed location . Budreski stated concerns over people driving impaired and
stated that there was no test to conclude whether someone was driving impaired by marijuana as there is for alcohol .
Budreski noted that there are 180 residents in his neighborhood and there is concern among residents with the
proposed recreational marijuana establishment. Budreski sought the Board ' s guidance as to how the residents should
present their concerns . Hoffmann suggested residents contact the Planning Department as Board members cannot
comment on specific cases as they do not want to appear bias and be prevented from hearing any application that may
be filed . Hoffmann also referred residents to the town website for additional information on recreational marijuana and
suggested residents ask to be added to the Planning Board e- mail agenda group .
Greg Bivona , 50 Sheep Pond Drive , stated that he had concerns regarding the location of the proposed retail marijuana
store as it is in a very busy area . Bivona stated that Nature' s Alternative expected gross sales of $ 5 million , according to
Mr. Miller. Bivona suggested the average sale for retail marijuana based on data from other states is $40-$50 which
would result in 277 customers per day or 35 customers per hour. Bivona stated that there is a liquor store in the area of
the proposed retail marijuana location that does not generate as many customers and there is already traffic issues .
Bivona stated that due to the proposed location traffic impacts from Harwich and Chatham also had to be considered .
Bivona stated that residents are looking to the Planning Board as to how to approach the issue and express their
concerns . Hoffmann suggested residents contact the Planning Department for further information .
6 : 43 PM PRESENTATION BY CONSULTANT LAURA HARBOTTLE ON PROPOSED ACCESSORY
DWELLING UNIT (ADU ) BYLAW
Documents .
• 08/09/ 18 ADU bylaw draft
PB Minutes 08/22/2018 Page 1 of 9
Hoffmann noted that the focus of tonight' s review and discussion would be on the accessory dwelling unit (ADU )
and accessory commercial dwelling unit (ACDU ) sections of the bylaw. Hoffmann stated that the affordable housing
unit section of the bylaw also needed to be worked on but tonight' s focus was on ADUs and ACDUs
Laura Harbottle , Consultant, was present and reviewed a revised draft of the ADU bylaw with the Board . Harbottle
explained that revisions to the ADU bylaw came about as a suggestion in the Housing Production Plan and the
Vision Plan . Harbottle further stated that revisions were suggested to help with rental housing needs in Brewster
and to fulfill those needs without hurting the town ' s character.
Hoffmann noted that the Board was reviewing the August 9 , 2018 draft of the proposed ADU bylaw which is
available on the town website and copies were made available for those attending the meeting .
Harbottle explained that ADUS were previously referred to as in - law apartments . Harbottle further explained that
ADUs are small apartments that are limited in size and includes its own kitchen , bathroom and 1 -2 bedrooms .
ADUs can be used for relatives or non- relatives .
Harbottle reviewed thresholds for lot size discussed by the Board at the previous meeting and revised for the current
draft bylaw. Harbottle stated generally speaking the minimum lot size for an ADU was 30 , 000 SF which was
increased from the initial draft bylaw presented to the Board in which the minimum lot size for an ADU was 15 , 000
SF . She also noted that there was no minimum lot size for ADU if it remained within the footprint of the house ,
Harbottle stated that there would be a special permit process in place and ADUs would have to meet special permit
requirements for approval through the Zoning Board of Appeals . ADUs will be allowed by right on lots of 40 , 000 SF
or greater. Lots of 30 , 000 - 40 , 000 SF would be allowed by special permit. Special permits will also be required for
ADUs in the Village Business (V- B) and Commercial High Density (C- H ) zoning districts . Additionally , special
permits will be required for ADUs in Zone II areas and in the Herring River and Pleasant Bay water sheds and these
ADUs will also need to have a minimum lot size of 30 , 000 SF .
Harbottle noted a change to some of the definitions in the bylaw including the proposed removal of affordable
accessory dwelling units and affordable accessory commercial dwelling units . Harbottle noted that removal of these
definitions should help ease any confusion over these units being affordable housing as they are intended to be
rented at market rate .
Harbottle mentioned research she did comparing setbacks from single family dwellings and accessory dwelling and
noted that setbacks were similar with some minor differences . Harbottle also noted additional information regarding
setbacks that would be provided by the Building Commissioner,
The Board agreed that the current draft accurately depicted their discussion and revisions proposed at their last
meeting .
6 : 55 PM PUBLIC LISTENING SESSION ON PROPOSED ACCESSORY DWELLING UNIT BYLAW
Documents ,
• 08/09/18 E-mail from Donna Kalinick , Assistant Town Administrator to Kari Hoffmann , Planning Board Chair
• 08/22/ 18 E-mail from Tim Whelan
• 08/22/ 18 E-mail from Jessica Larsen
Hoffmann invited members of the audience to provide comments on the current draft of the proposed ADU bylaw .
Peter Johnson , 909 Stony Brook Road , stated his appreciation for the Board 's work on the ADU bylaw. Johnson
stated he would like to submit proposed revisions to the Planning Department for review and to help with answering
any outstanding questions . Johnson stated concerns regarding potential development in the Natural Resource
Protection District ( NRPD) which includes Zone lls , Herring River and Pleasant Bay water sheds and he estimated
includes over 1 /3 of the town . He suggested conflicts may exist between the ADU bylaw and the NRPD bylaw which
provides regulations for development in sensitive areas . Johnson also suggested there may be potential conflicts
between the ADU bylaw and the dirt road bylaw. Hoffmann clarified that ADUs would need to have a special permit
and a minimum lot size of 30 , 000 SF in Zone II areas . Hoffmann further clarified that ADUs would only be allowed
PB Minutes 08/22/2018 Page 2 of 9
by right on lots of 40 , 000 SF or more . Johnson responded that lots proposed of any size by right on a dirt road may
be in conflict with the dirt road bylaw . He asked the Planning Board to review the dirt road bylaw for potential
conflicts . Johnson also stated that special permits are easily obtained and some residents have concern that
special permits do not provide enough protection especially for those lots in sensitive areas .
Carol Rawlins , 214 Pond View Drive , spoke in support of the ADU bylaw and noted that in 2003 she legally added
an in -law apartment to her home for use by her mother. Rawlins noted that the in-law apartment is age restricted
and she asked the Board not to place age restrictions on ADUs . Rawlins urged the Board to consider working class
people while working on the bylaw . She stated that the bylaw will help make Brewster affordable for working class
people and further noted concerns with some residents turning apartments into Airbnbs .
Steven Baty , 145 Stony Brook Road , a real estate agent stated he supports Brewster leading the way in affordable
housing for people of all ages . Baty shared the housing situation that has arisen for some of his clients including a
senior widow living in a five bedroom home alone and unable to afford the upkeep of her home . Baty also mentioned
a young couple in their thirties , both working full time , but unable to afford to purchase a home in Brewster. He
stated he supported unrestricted housing options including the ability to rent year round in one of the seasonal trailer
parks .
Ken Rollins , 24 Governor Winthrop Road , stated he has 30 years' experience in land development and consulting ,
specifically related to sensitive areas . Rollins stated that he finds the 30 , 000 SF lot size threshold too restrictive .
Rollins noted that the quality of the soil , material on the lot and location , all have to be considered . Rollins sought
clarification on whether 30 , 000 SF lot size was a minimum requirement in the Village Business and Commercial
High Density zoning districts . Harbottle clarified that there were no minimum lot sizes in those zoning districts .
Rollins noted that the town has built in checks and balances including Building Code , Board of Health regulations ,
Historic District regulations and Conservation regulations that will also help regulate ADUs . Rollins asked about
Title V expansion as a result of creating ADUs and Harbottle responded that septic systems will need to be
upgraded based on the number of bedrooms on the property,
Vanessa Greene , Brewster Housing Partnership and 76 Tracy Lane , and Diane Pansire , Brewster Housing
Partnership and 72 Griffiths Pond Road , discussed the process the Brewster Housing Partnership undertook in
preparing a draft ADU bylaw including involvement with the Housing Production Plan , the vision process , and
speaking to the community. Greene expressed concern with changes the Planning Board has made that she feels
make ADUs less accessible , specifically changes to the lot size thresholds . Greene also feels the bylaw is becoming
more confusing and the Brewster Housing Partnership worked to simplify the bylaw. Greene noted that there were
several checks and balances in place throughout town . Greene also stated that the special permit process adds the
expense of lawyers and architects and the costs can limit access to the process . Pansire expressed the importance
of having a simple bylaw for a diverse rental population . She stated that there would be competition from Airbnbs .
Pansire stated that other Cape towns with similar bylaws are not getting applicants because the bylaw is restrictive
and complicated . Pansire stated that people would turn to illegal apartments and/or Airbnbs if the bylaw was too
complicated .
Laurel Labdon , 62 Whiffletree Avenue , encouraged expansion of housing opportunities . Labdon stated concerns
with restrictions within the proposed bylaw. Labdon spoke, about her personal experience after a life- changing
accident at 20 years old . She explained that if her parents were not able to modify her childhood home she would
have been institutionalized in a nursing home . Labdon stated that she sees housing as a moral crisis as well .
Labdon stated that she is dependent on caregivers some of whom have left their positions because they cannot
afford to live on Cape Cod . Labdon would welcome the opportunity to offer housing to a caregiver. She also stated
that she grew up in Brewster and is empathetic to Brewster' s character and not wanting to lose that character.
Labdon believes there is a dire need for housing and a balance can be worked out so that character is not impacted .
Adrienne Jones , Baron ' s Way , stated she was able to live in Brewster with her three children because she had help
from a family member. Jones is a real estate agent and receives 10- 15 e- mails per week inquiring about year round
rentals which simply do not exist. Jones stated that she does not want to lose the essence of Brewster that she
knew growing up but the essence of Brewster includes families and changes have to be made so that we do not
PB Minutes 0812212018 Page 3 of 9
lose more families . Jones stated that she felt the bylaw , as currently drafted , is too restrictive . Jones shared a
personal story about an extended family member who was rendered homeless after a divorce . She stated the need
to create more housing options and a duty to create housing for all , families , seniors , and those with disabilities ,
Samantha Chin-Reynolds , 549 Thousand Oaks , has lived in Brewster her entire life and is part of the real estate
community. She provided comments and questions to the Board on the current draft bylaw . Chin - Reynolds
expressed concern with ACDUs being restricted to 1 bedroom and 800 SF . She noted that this option would not be
helpful for a young family with one child . Chin also stated that the ADU definition included a restriction of two
bedrooms and 900 SF which was also too restrictive . She noted that many ranch homes are 1200 SF and include
basements that are the same size which may not be able to be used for ADUs because of the 900 SF restriction in
the draft bylaw. Chin - Reynolds also found the 12 month rental period too be too restrictive and suggested J- 1
students would not be able to take advantage of ADUs with this restriction in place . She also stated that renters
may not want to do year round rentals but may want to rent for shorter periods . Chin-Reynolds also referred to a
situation she encountered as a landlord where two renters for one unit did not want to be on the same lease so she
created two separate leases . She cautioned that this may be seen as renting rooms and the draft bylaw may
prohibit this situation . Chin- Reynolds also asked about how grandfathered apartments would be handled .
Elbert Ulshoeffer, 178 Stony Brook Road , stated that he had a discussion with the Building Commissioner regarding
setbacks for an ADU separate from the principal dwelling and the Building Commissioner stated that the ADU would
need to meet the setbacks of a single family dwelling in the zoning district it is located . Ulshoeffer suggested the
Board remove language relating to the primary legal residence in paragraph #4 , specifically he suggested "for the
purposes of voting and filing an income tax return " be removed . Ulshoeffer suggested " principally domiciled " be
added . Ulshoeffer stated that he supported the SF thresholds in the current draft bylaw . Ulshoeffer stated that based
on the current lots available in Brewster and the 30 , 000 SF and 40 , 000 SF thresholds , there would be approximately
2500 lots eligible for ADUs , Ulshoeffer estimated that with a cap of 20 ADUs per year, it would take 125 years for all
eligible lots to be built out. Ulshoeffer referred to Footnote 1 in the bylaw which has been in place since 1976 . The
footnote states that if you have double the square footage of the lot for the zone in which you live , you can build a
second single family dwelling . Ulshoeffer stated that with the ADU bylaw that footnote is being eliminated and he
questioned why and urged the Board to give removal of the footnote further consideration . Hoffmann clarified that
Ulshoeffer was referring to Footnote 1 in Attachment 2 , Table 2 , Area Regulations , of the Brewster Zoning Bylaw,
Amanda Bebrin , 593 Long Pond Road , stated that she is also in real estate and applauds the Board for working on
the housing issue which is not going away . Bebrin stated that she understands concerns regarding a permit cap and
lot sizes but believes ADUs will be self-limiting . She stated that those who have room in their homes or established
spaces such as carriage houses are already using that space for other uses including Airbnbs . Bebrin noted that for
those who would need to add on to their homes , the costs may be too much . Bebrin also noted that a 30 , 000 SF lot
has a certain price point which may not be affordable for those looking to buy in Brewster and create an ADU .
Bebrin noted that in other towns that have ADU bylaws , there has not been run away development.
Diane Romme , 100 Proprietor' s Cartway , noted that she built her home under the dirt road bylaw and therefore is
not allowed an accessory building on her lot. Romme stated that she has an accessory apartment which she is
unable to use because of the dirt road bylaw , She has received three inquiries in the past year about renting the
apartment. Romme suggested the Board may want to explain the lot size in terms of acreage so that there is a
clearer picture regarding the lot size . Romme asked about ACDUs and noted that under the current bylaw , a person
was allowed to live in an apartment to "watch " over a business . She wondered if that language would remain in the
new bylaw . Romme suggested that the definitions state that the units are not rent restricted or are market rate .
Romme also suggested the Board may want to reconsider the yearly notarized affidavit that is required to be filed as
the Building Department may become inundated with paperwork .
Elbert Ulshoeffer, 178 Stony Brook Road , suggested a revision to definition #2 provided on page 5 of the draft
bylaw. Ulshoeffer stated that "detached to" should replace "within " as the minimum lot size in this definition is
40 , 000 SF and ADUs would be allowed by right at that size .
PB Minutes 08/2212018 Page 4 of 9
Hoffmann clarified that definition #1 in Attachment 1 , Table 1 , Use Regulations , of the Brewster Zoning Bylaw would
remain . Hoffmann requested that the definition be added back to the next draft .
Degen read e-mails from Donna Kalinick , Jessica Larsen , and Tim Whelan into the record .
Hoffmann thanked the public for attending and providing comments on the draft ADU bylaw. Hoffmann asked
people to sign up for the Planning Board agenda e-mail list and noted there was assign up sheet available at the
meeting to sign up for both the Planning Board and Select Board agenda e-mail list.
Motion by Chatelain to Adjourn for a Brief Recess . Second by Wallace. Vote : 7 -0 -0 .
Recess taken at 7 . 50 pm .
8 : 01 PM WORKING SESSION ON ACCESSORY DWELLING UNIT BYLAW
Documents :
• 07/ 18 Report from the Pioneer Institute on accessory dwelling units
• 08/08/ 18 Zoning Analysis for Eligible Lots
• 08/10/18 Planning Staff Memo
• ADU Bylaw- Planning Board Schedule and Timeline
• Map of Second Homes
Hoffmann thanked Jill Scalise , Housing Coordinator, Donna Kalinick , Assistant Town Administrator, the Planning
Department and Laura Harbottle for their work on the draft bylaw and their outreach efforts . Hoffmann also thanked
the public for providing comment and valuable feedback .
Hoffmann reviewed the Planning Staff Memo dated August 10 , 2018 and read portions of the memo into the record .
Hoffmann also reviewed the Planning Board schedule provided with the memo .
Hoffmann asked the Board for comments on the draft ADU bylaw.
Chatelain expressed concerns that the bylaw is too restrictive . Chatelain referred the Board to the zoning analysis
data they received at their August 8th meeting and noted that 40 % of single family homes in Brewster are second
homes . He also noted that less than half of year round single family homes in Brewster will qualify as an ADU with
a minimum lot size threshold of 20 , 000 SF with no other restrictions . Chatleain referred the Board to page 2 , #7 of
the 08/09/ 18 draft bylaw and noted that ADUs will be required to conform to all applicable state and local laws ,
Building Code , and applicable plumbing , electrical , fire , health and conservation regulations and bylaws . Chatelain
noted other controls within the bylaw. Chatelain also stated that there will be a number of people who will not take
advantage of the bylaw because they do not want to be landlords . Chatelain again stated he was concerned with the
small number of lots eligible at the 20 , 000 SF threshold and even more concerned if the threshold is increased to
40 , 000 SF . He encouraged the Board to reconsider the thresholds and also noted that the special permit process is
expensive and confusing and may discourage applicants .
Wallace stated that he is leaning towards lowering the restrictions and believes there are other mechanisms in place
including the special permit process to help with regulation . He does not believe the square footage needs to be as
limiting . Wallace directed the Board to the definition of an ACDU and suggested 2 bedrooms be allowed as
opposed to 1 bedroom . Wallace also felt the maximum habitable area should be expanded to 1200 SF . He also
suggested the maximum habitable area of 900 SF be increased to 1200 SF for an ADU .
Hillis- Dineen stated that she was leaning towards a bylaw that was less restrictive . Hillis-Dineen noted that the
bylaw, in addition to providing housing options , also makes homes more affordable for the homeowners as they are
able to receive rental income . Hillis- Dineen stated that people who own larger lots may not need the ADU option as
much as those on smaller lots . She expressed concern with adult children leaving Cape Cod to find more affordable
options elsewhere . Hillis- Dineen also sees density as an issue and is in favor of restrictive requirements in Zone II
and protecting Brewster' s water supply ,
PB Minutes 08/22/2018 Page 5 of 9
Degen stated that it is important work to open up additional housing options but at the same time Brewster is what it
is because it has had restrictions in place and she has concerns about getting away from some of those restrictions .
She stated that youth may also be leaving the Cape because they want to work in industries that are robust in other
places . Degen stated that based on the feedback received during the meeting , the community , in general , is
interested in more housing options but not necessarily in-law apartments .
Taylor noted that the Board would need to deal with conflicts with existing bylaws including in- law apartments which
may be age restricted . Taylor also stated the Board needed to look at conflicts with Note 1 in Table 2 Area
Regulations , which only allows one principal structure on a lot . The dirt road bylaw also needs to be reviewed for
conflicts . Taylor also suggested the bylaw may cause issues with lot coverage . Taylor stated that she would lean
towards not changing the thresholds too much . She suggested it should go to Town Meeting with restrictions and
be given one year to see what happens . Taylor expressed concern over the impact of removing all restrictions .
Taylor stated that there has been an accessory apartment bylaw on the books for five or six years and people are
not using the bylaw because it is expensive to make changes to your home whether a room or a barn . Taylor
reiterated that the Board needed to consider existing bylaws and possible conflicts . She suggested the Building
Commissioner be present for that discussion . Hoffmann stated that the Building Commissioner will be at the
Board 's September 121h meeting . Taylor stated that there may also be a conflict with Note 13 in Table 2 , Area
Regulations as an accessory apartment is limited to 600 SF in that note . Taylor also felt the Board needed to take
another look at the number of bedrooms ( 1 in ACDUs , 2 in ADUs) allowed in the current draft bylaw. She suggested
getting data from other towns . Degen noted that Ryan Bennett sent around a very helpful report with data from
towns around Boston .
Barrett noted that the ADU bylaw is one of many tools the town can use to solve the housing crisis . Barrett stated
that construction restrictions , a long term commitment to being a landlord and a change to lifestyle may be reasons
why the current bylaw has not been utilized . Barrett stated that it is not necessarily a flawed bylaw that makes it
underutilized . Barrett noted that she has experience as a planner and finds the table within the bylaw too
complicated and hard to follow. Barrett stated she appreciated the e-mail sent by Donna Kalinick and the need to
balance density against character. She stated to make the bylaw easier to follow, the Board should consider
reducing the number of thresholds it contains . Barrett also believed that other regulations and ordinances need to
be scrutinized to make sure there are not conflicts with the ADU bylaw.
Hoffmann stated that the bylaw is important in order for people to be able to live and work in Brewster . Hoffmann
stated she believed the ADU rental needs to stay at a 12 month rental period . She believes there are other part time
rental options available for those looking to rent for a shorter period of time . Hoffmann expressed concern about the
lot size thresholds stating that you need 160 , 000 SF currently to add another building to your lot and the thresholds
the Board is looking at for ADUs are much less at 40 , 000 SF or 30 , 000 SF . Hoffmann stated that she was
concerned that by reducing the lot size thresholds you would give property owners the ability to add a second
dwelling by right . She referred to Table 2 , Area Regulations from the Brewster Zoning Bylaw and noted that
currently in the ResidentiakRural zoning district you need 200 , 000 SF to add a second dwelling and 120 , 000 SF to
add a second dwelling in both the Residential- Low Density and ResidentiakMedium Density zoning districts .
Harbottle clarified that Footnote 1 is not being removed from Table 2 as one of the previous speakers had indicated .
Harbottle stated that there are proposed revisions to the footnote as they relate to the exceptions . Wallace further
clarified that the footnote relates to the building of a second single family dwelling which is larger than an accessory
dwelling unit.
Hoffmann noted opportunities for those who are at the 20 , 000 SF and below threshold so long as they' re not
changing the footprint of the home Hoffmann noted that Building Code would need to be followed and residents
could partition off bedrooms and create separate entrances . Chatelain cautioned that not changing footprint will be
hard to do since adding separate entrances may require adding stairs or stoops and could therefore change the
footprint. Chatelain further stated that the bylaw has built in controls and there are not many homes that would be
eligible to be ADUs without some renovation such as adding firewalls or fire suppression . Chatelain stated that he
does not know of any homes which would not require some change to the footprint in order to add an ADU .
Hoffmann suggested exceptions could be made for those that needed to add external stairs or something similar for
PS Minutes 08/2212018 Page 6 of 9
egress purposes . She referred to examples provided in the Pioneer Institute Report. Hoffmann suggested follow up
with the Building Commissioner as to what constitutes changing the footprint . Barrett asked if square footage
requirements were necessary to comply with Building Code . Hoffmann referred to Attachment 2 , Table 2 , Area
Regulations , Footnote 1 and cautioned the Board that the draft bylaw may be in conflict with the footnote . She also
referred the Board to Footnote 6 in the same table and noted the setback requirements , specifically the Residential-
Medium Density zoning district which has reduced setbacks of 20' .
Hillis-Dineen asked whether existing lot coverage requirements will remain , The Board discussed the impact of
ADUs on lot coverage and asked for follow up information from the Building Commissioner . Chatelain referred the
Board to paragraph #7 of the draft bylaw and noted that ADUs must conform to all applicable state and local law
regulating new construction . Harbottle stated that requirements within the zoning bylaw were not being removed
with this new ADU bylaw . Harbottle noted that most lots are in the Residential4edium Density zoning district and
that is the zoning district with the most liberal lot coverage requirements . Harbottle stated that she does not think lot
coverage requirements will prevent ADUs but it may restrict the size .
Hoffmann stated that she watched that last Zoning Board of Appeals meeting and there was a case on the agenda
where a single family home was being used as a two family home . The Building Commissioner had the homeowner
remove the second stove so that it was once again considered a single family home . Hoffmann stated that she had
concerns about enforcing ADUs . She would like the Building Commissioner' s thoughts on how he would handle an
ADU that was no longer being used as an ADU . She wondered if it would require removing the kitchen , capping the
stove or some other measure . Chatelain stated thatjust because you have an ADU does not mean you have to rent
it out . The Board discussed whether or not the ADU could be used for other reasons such as storage , office space
or having family stay in the space .
Jillian Douglass , former Brewster Assistant Town Administrator, spoke about the history behind the bylaw.
Douglass stated that the Board cannot control whether or not an ADU is rented but when rented can control for a
rental period of 12 months. Douglass further stated that she believes an ADU can remain in place but empty if an
owner, for example , decides not to rent it or needs to evict a tenant . Barrett asked what the ADU could be used for
if it was not being rented and Douglass noted that it is still a single family home and if owners could comply with
zoning they could , for example , have a home office . She further noted that the underlying zoning is not being
changed . Douglass also spoke to the intent of ACDUs in the original bylaw . She stated that ACDUs were intended
as 1 bedroom only in the Commercial- High Density and Industrial zoning districts as the units were considered to
be connected to the commercial use such as an employee of the business . Douglass asked the Board to consider
the impact of families in a Commercial or Industrial zone . Douglass further stated that ACDUs in the Commercial
and Industrial zones may need to be reviewed separately from those in the Village Business zoning district.
Hillis-Dineen noted that when people sign a lease and rent for 12 months it does not prohibit them from travelling or
leaving the rental for a period of time . She does not believe you can enforce a requirement for people to remain in
an ADU for 12 months . Hoffmann responded and stated that she thought that once an ADU was established it was
to remain an ADU so that owners could not rent out seasonally or on a weekly basis . Wallace stated that if people
are building ADUs with the intention of renting them for a 12 month period , once vacant we cannot ask them to
destroy the ADU and have the Building Commissioner enforce such a requirement . Chatelain noted that we do not
have that type of enforcement for single family homes . Wallace stated that ADUs can make good money so owners
will not want them to remain vacant . Chatelain noted that the ADU bylaw would be enforced by the Zoning
Enforcement Officer and if owners rented an ADU on anything other than a 12 month basis they would be in
violation of the ADU bylaw and could be fined . Chatelain stated he envisioned an instance where neighbors would
call because they were seeing different cars at a property and the Zoning Enforcement Officer would do a site visit .
Hoffmann stated that there is relief from special permit fees via a request to the Select Board . Hoffmann also noted
that special permits provide protection for abutters and gives abutters an opportunity to provide input . Wallace
stated that people should not be overwhelmed by the special permit process as help is available through town staff
and through preliminary meetings . Wallace stated that there is a cost to undergo a special permit process but it is a
small cost compared to the cost of construction or renovation . Degen noted that through the special permit process ,
PB Minutes 08/22/2018 Page 7 of 9
comments are obtained on the project from town departments including the fire department . Chatelain cautioned
the Board that requiring a special permit for all ADUs could create a 2 tier regulatory scheme not intended to be
created . He suggested that requiring an ADU to have a special permit but not requiring an addition to have a
special permit placed a burden on those creating ADUs and overregulated a process that already has other controls
in place .
Wallace confirmed that at the end of the next Planning Board meeting the Board would need to refer the bylaw to
the Select Board ,
The Board discussed points for further consideration and discussion at the next meeting :
1 . 1 bedroom vs . 2 bedrooms in ACDUs ;
2 . Maximum habitable area of 800 SF in ACDUs ,
3 , Maximum/minimum SF for by right ADUs and ADUs by special permit ;
4 . ADUs in Zone II -minimum lot size and special permit requirement;
5 . Visual on lot size (Google) ;
6 . Establishing resident status ;
7 . Expansion of footprint/special permit triggers ; and
8 . Requirement of "watching over" business remain in bylaw. ( See 179-2 definition for one family security
dwelling . )
The Board requested a revised draft of the bylaw be provided at the next meeting . Barrett requested that text that
was remaining in the bylaw but not being revised be added back to the next draft . Harbottle explained that there
may be some blanks within the text as the Board has not made a decision on such things as lot size thresholds .
Harbottle will provide additional information on lot sizes including examples of properties that are approximately the
same size as the thresholds being discussed .
The Board discussed additional follow up needed with the Building Commissioner regarding what constitutes a
change in the foot print. Chatelain suggested the Board reflect further on the changes to the footprint that would
trigger a special permit. Harbottle suggested the Board consider changes in terms of habitable space not in terms
of changes to the footprint. Wallace mentioned that basements were not habitable space so there would be some
additional work required to convert to habitable space .
Jillian Douglass suggested , in terms of changing the footprint , to consider a percent or specific amount that would
be allowed to be changed instead of just not allowing the footprint to change . Barrett suggested the Board allow
exceptions to the change in footprint if the change involves egress or ingress .
Follow-un questions for Buildinq Commissioner:
1 . Does the proposed ADU bylaw create a conflict with the dirt road bylaw?
2 . Does the proposed ADU bylaw create a conflict with the Natural Resource Protection Design ( NRPD)
bylaw?
3 . Does the proposed ADU bylaw create a conflict with Chapter 179 , Brewster Zoning Bylaw, Table 2 , Footnote
1 ?
4 . Does the proposed ADU bylaw create a conflict with Chapter 179 , Brewster Zoning Bylaw, Table 2 , Footnote
6 ?
5 . Does the proposed ADU bylaw create a conflict with Chapter 179 , Brewster Zoning Bylaw, Table 2 , Footnote
13 ?
6 . What constitutes a change in footprint? ( Stairs , porch)
7 . How will ADUs impact lot coverage ? Exceptions ?
8 . Will in-law apartments be grandfathered in ?
9 . Can special permits for current in-law apartments be modified ? For example , some permits have age
restrictions in place , can those restrictions be removed ?
10 . General enforcement of ADUs ? Respond to complaints ?
11 . What will you require of owners who have ADUs but no longer want to keep the ADU ? Remove kitchen ?
12 . Can those with a special permit for an ADU , leave the ADU vacant or use the space as their own ( not rent) ?
Any reporting required of vacant ADU ?
PB Minutes 08/22/2018 Page 8 of 9
13 . What triggers the special permit process for an addition to a home?
9 : 00 PM PLANNING BOARD DISCUSSION
Approval of Meetina Minutes : Auaust 8 . 20180
The Board reviewed the August 8 , 2018 meeting minutes . Motion by Degen to Approve the August 8, 2018
Meeting Minutes , as amended . Second by Wallace , Vote : 5 .0 -2 ( Hillis -Dineen and Barrett abstained . )
9 : 06 PM TOPICS THE CHAIR DID NOT REASONABLY ANTICIPATE
Hoffmann suggested Board members visit the fire station in advance of the September 12th meeting in order to take
a look at the lighting which will be discussed at that meeting .
Committee Reports .
The Board decided to hold committee reports until their next meeting .
Motion by Wallace to adjourn . Second by Degen . Vote : 7-0-0 . Meeting adjourned at 9 : 10 pm .
Next Planning Board Meeting Date : 09/12/18
Respectfully submitted ,
ZO
Charlotte Deg Planning Board Clerk
PB Minutes 08/2212018 Page 9 of 9