Resident’s long-standing in-law units prompt Select Board to seek review, continue hearing

Mark Wilson, a Brentwood resident, told the Select Board the family is trying to sell a home they have occupied for decades and discovered a discrepancy between deed records and the town tax card about how many dwelling units are on the property. Wilson said the parcel has historically been listed on town records as a two-family with a mother-in-law apartment and that the house contains multiple attached living units and kitchens.

“The letter addressed, we're in the process of trying to sell the house after being in Brentwood for 36 years,” Mark Wilson said. He told the board his real estate agent would not list the property until the town could confirm how it should be classified.

Town staff, including Mark Kennedy, who identified himself as a lands administrator, told the board that a special exception or permit was granted decades ago for what was then described as a mother-in-law apartment. Kennedy said the permit file includes multiple permits and schematic information dating to the early 1990s and later. A staff member identified as Glenn told the owners the permits were issued but suggested there might be ambiguity about whether the permits complied with the zoning rules in force at the time.

Select Board members said the question before them involves whether the current use is a lawful nonconforming use, a technical property-card issue, or whether it requires a formal zoning variance or other action. One board member said the board should not make a retroactive special exception without more research and legal review: “I just don't wanna overstep our bounds by doing something retroactively many, many years later,” the chair said.

The board advised Wilson to provide a written statement of intent describing how the property will be marketed and to allow staff to consult the assessing department, the town planner (Glenn), and legal counsel if necessary. The Select Board voted to continue the matter to the next scheduled meeting to allow staff to gather records and guidance.

Wilson said the family would try to attend the continued hearing and asked the town to expedite its review because they have been attempting to sell the house for a year and the owner has already moved out.

The board stressed it wanted to avoid implying that nonconforming development is acceptable going forward and recommended confirming the factual record before taking a formal action.

Ending — The Select Board continued the item to the next Tuesday meeting and directed staff to consult assessing, planning, and counsel as needed; the owners said they would provide a written statement of intent and the real estate agent would coordinate with planning staff.