Referred to council for approval

BREWSTER – The city Planning Commission convened a public hearing last Wednesday, Dec. 5, to allow testimony on proposed changes to Title 17 Zoning of the Brewster Municipal Code (BMC) that will allow more flexibility for residential structures within the city’s C2 (Commercial) and HI (Heavy Industrial) zones.

According to the public hearing notice, the proposed amendments “add a new definition to 17.08.020 ‘Dormitories’ and a new use ‘Dormitories’ to 17.10.020 District Use Chart and amend 17.36.060 and 070 to allow the reconstruction and replacement of nonconforming residential use structures within the city.”

In citizen-speak the changes allow residential property owners in the C2 and HI zones to sell, remodel or replace their homes with the added blessing of commercial lenders.

The matter was brought to the commission’s attention last October by several homeowners in the Lakeview Drive neighborhood when one couple, Ron and Ruth Ann Paslay, lost the sale on their home at 410 Lakeview Drive when the prospective buyer was unable to obtain bank financing.

The bank denied the loan when it was discovered that the Paslay home was among several in an area that was rezoned commercial many years ago.

Advised of the problem, the Planning Commission met on Oct. 4, to hear testimony from the affected homeowners and pursue options to modify the zoning.
Kurt Danison, the city contract planner explained the proposed changes at last week’s meeting.

“We made several modifications to 17.36.060 as it relates to loss or damage to a nonconforming structure,” Danison said.

New Item B reads: A residential use nonconforming structure destroyed, damaged or having incurred a loss may be reconstructed on the same site.

New Item C reads: Any nonconforming structure damaged or destroyed may be repaired and/or rebuilt on the same site…provided that the building permit is obtained for reconstruction within six months following the damage or destruction and construction is completed within 18 months of the issuance of the building permit.

Juan Hernandez, at 406 Lakeview Drive, told commission members that he was grateful for the new language that resolves any future conflicts with his residential property.

Hernandez’s neighbor, Sheila Lautensleger at 402 Lakeview Drive, explained that she owns an older doublewide manufactured home and that a new buyer might want to replace the aging structure with a newer model. She asked for clarification that the new zoning amendment would allow for that.

Danison assured her that new provisions under 17.36.070 would allow that flexibility, citing “a residential use nonconforming structure may be altered, expanded, or replaced on the same site.”

Ron Paslay, at 410 Lakeview Way said he appreciated the Commission’s actions despite the lost home sale.

“Our buyer didn’t stay with us but once this thing is all settled, we can start afresh knowing that there won’t be any hindrances as far as financing goes,” Paslay said.

Anna Marie Dalbey, managing broker for the Coldwell Banker real estate in Brewster has first-hand experience with residential properties in commercial zones, and questioned whether the zoning amendment was sufficient to satisfy a lender’s reluctance to finance such transactions.  

Danison said that while the zoning remains commercial, the city clerk contacted several lenders, including the one who denied Paslay’s original buyer, and was advised that the lenders “felt comfortable with these changes and they would lend money because the house could remain.”

Danison added that had the lenders contacted not been agreeable to the new language, the Commission would have been compelled to take more extensive measures. He said that of the options available to the commission - allowing residences in all commercial zones or rezoning the property - the Title 17 changes represented the fastest and easiest solution.

Reflecting on the time it took for some residents to get permits and rebuild after recent wildfire losses, commission members then voted to extend the permit acquisition period from six months to one year and the construction period from 18 months to two years.

The commission approved a motion recommending that the City Council adopt proposed amendments to Title 17 of the Brewster Municipal Code. The proposed amendment was included on the Council’s Dec. 12 meeting agenda.