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Home My Public Portal AboutPlanning Board Packet 06/23/21 supplementalEast-SouthEast, LLC J. Thaddeus Eldredge, P.L.S. Surveying, Geomatics Engineering and Mapping 1038 Main Street ° Chatham, Massachusetts 02633 41°41’14.73425” N 69°58’24.87695” W -10.019 M 508-945-3965; Fax 508-945-5885; www.ESE-LLC.com; email: office@ESE-LLC.com LETTER OF TRANSMITTAL June 10, 2021 BREWSTER PLANNING BOARD 2198 Main Street Brewster, MA 02631 Re: APPROVAL NOT REQUIRED Division Plan 766-804 Long Pond Road Assessor's ID 75-18 Dear Board Members: Pursuant to Section 81 P of Chapter 41 of the General Laws and Article II – A of the Chapter 290 Subdivision Rules and Regulations, Brewster, Massachusetts, Massachusetts, enclosed please find the following: 1. Two (2) full size and ten (10) reduced prints of Division Plan dated June 7, 2021, prepared for Paul R. Mangelinkx; 2. Twelve (12) copies of Form A; 3. Copy of letter to Town Clerk; and 4. Check made payable to the Town of Brewster in the amount of $300.00. This plan is being submitted pursuant to section 81-P of Chapter 41 of the MGL, the Subdivision Control Law, which reads as follows: “Any person wishing to cause to be recorded a plan situated in a . . . town in which the subdivision control law is in effect, who believes that his plan does not require approval under the subdivision control law, may submit his plan to the planning board of such . . . town in the manner prescribed in section 81-T, and, if the board finds that the plan does not require such approval, it shall forthwith, without a 2 public hearing, endorse thereon or cause to be endorsed thereon by a person authorized by it the words “approval under the subdivision control law not required” or words of similar import with appropriate name or names signed thereto, and such endorsement shall be conclusive on all persons. Such endorsement shall not be withheld unless such plan shows a subdivision . . .” Section 81-T of Chapter 41 of the MGL reads as follows: “Every person submitting a definitive plan of land to the planning board of the . . . town for its approval or for a determination that approval is not required shall give written notice to the clerk of such . . . town by delivery or by registered mail, postage prepaid, that he has submitted such a plan . . . “ Notice has been given to the Town Clerk as required by Section 81 T of Chapter 41 of the General Laws and your regulations. See letter addressed to the town clerk accompanying the filing. Subdivision is defined by section 81-L of Chapter 41 of the MGL, which reads as follows: “’Subdivision’ shall mean the division of a tract of land into two or more lots and shall include re-subdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it is made, every lot within the tract so divided has frontage on (a) a public way or a way which the clerk of the . . . town certifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law, or (c) a way in existence when the subdivision control law became effective in the . . . town in which the land lies, having in the opinion of the planning board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Application#2021-07 www.brewster-ma.gov Page 1 of 1 6/23/2021 DEPARTMENT REVIEWS, 06/23/21 Application #2021-07 APPLICANT: Timothy Holmes OWNER: Morris N. Kazanjian Jr., c/o Caryn Kazanjian MAP/LOT: Map 61, Lot 11 PROPERTY ADDRESS: 0 Crowells Bog Road Received from: Building Dept. Comments received from Victor Staley, Building Commissioner My comments regarding the Brewster Zoning Bylaws for this application are as follows:  I can confirm that this property, as indicated on the Assessors records, has at least 5 acres of land area which satisfies Section 26-D(1)(b).  The proposed location of the dwelling is not within the regulated mapped Wetlands Conservancy District specific soils as identified in the Soil Survey of Barnstable County, Massachusetts as regulated by Section 6-B(2).  The proposed location of the dwelling appears to satisfy the requisite property line setbacks as regulated by Table 2.  The proposed location of the dwelling appears to satisfy the requisite setback of 50 feet to a wetland as regulated by Table 2, Note 4.  The property is not located within the District of Critical Planning Concern.  If any of the dimensional issues change upon Building Permit application, we will review for Zoning Bylaw conformance at that time. Health Dept. Comments received from Amy von Hone, Health Director  The Health Department currently has no information on file for this property.  Review and approval for construction of a single-family swelling and all appurtenances will be dependent on, including but not limited to: - Potable drinking water source; - Proof of suitable soils that meet the requirement of Title 5 septic regulations for an appropriately sized septic system; - Proposed development must meet all state and local regulations related to a fully compliant septic system and dwelling; and - Any variances will require full review and approval by the Board of Health. Historic District Com. Comments received from Sara Provos, Senior Department Assistant  This property is not located within the Old Kings Highway and will not require any approval from the HDC. Police Dept. Comments received from Chief Heath Eldredge  The police department approves of the proposed access as long as it is a minimum of 10 feet wide and maintained year-round to allow vehicle access. Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov Application#2021-07 www.brewster-ma.gov Page 1 of 1 6/17/2021 DEPARTMENT REVIEWS Application #2021-07 APPLICANT: Timothy Holmes OWNER: Morris N. Kazanjian Jr., c/o Caryn Kazanjian MAP/LOT: Map 61, Lot 11 PROPERTY ADDRESS: 0 Crowells Bog Road Received from: Health Dept. Comments received from Amy von Hone, Health Director  The Health Department currently has no information on file for this property.  Review and approval for construction of a single-family swelling and all appurtenances will be dependent on, including but not limited to: - Potable drinking water source; - Proof of suitable soils that meet the requirement of Title 5 septic regulations for an appropriately sized septic system; - Proposed development must meet all state and local regulations related to a fully compliant septic system and dwelling; and - Any variances will require full review and approval by the Board of Health. Historic District Com. Comments received from Sara Provos, Senior Department Assistant  This property is not located within the Old Kings Highway and will not require any approval from the HDC. Police Dept. Comments received from Chief Heath Eldredge  The police department approves of the proposed access as long as it is a minimum of 10 feet wide and maintained year-round to allow vehicle access. Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov May 11, 2021 To: Town of Brewster Planning Board 2198 Main Street Brewster, MA 02631 From: Timothy & Jennifer Holmes 16 Quartermaster Drive Brewster, MA 02631 RE: Dirt Road Access By-Law 0 Crowells Bog Road 9.8 Acres +/- This letter is presented to The Town of Brewster Planning Board for consideration of a dirt road access permit to a parcel of land shown on the town assessor map 61, lot 11, being 9.8 acres +/- and abutting land owned by Thomas Holmes with a street address of 169 Crowells Bog Road shown on the assessors map 61, lot 10, which is a pre-existing, non-conforming lot containing approximately 40,000 Sf +/- and is owned by the applicants parents. The existing single-family dwelling was built in 1957 with a permit issued by The Town of Brewster, access is over town owned land shown on the assessor map 61, lot 9 with access to Crowells Bog Road. We came before the Brewster Planning Board for an informal hearing back in January of 2001 when we had attempted to purchase this same parcel of land (map 61, lot 11) from the current owner. We were led to believe that “if we were granted a dirt road access permit by the planning board that we would be given the option of purchasing the property”. We attempted to communicated with the owner shortly after receiving the “Informal Approval” and after many attempts over the following years exhausted efforts. Below is taken from the meeting minutes of March 20, 2001 As of the date of this letter we now have a signed offer to purchase the property from the current owner being the heirs of Morris Kanzanjian Jr. and are requesting permission to access the property via our existing access over town land Map 61, lot 9, along with permission granted by Thomas Holmes over Map 61, lot 10 to a homesite shown approximately on map taken from the Brewster G.I.S. map. This property has not been surveyed in approximately 70 years however has clearly marked and found concrete bounds at all corners. Due to the timeframe of the real estate closing we are unable to complete a full survey and site plan showing the exact location of the driveway and homesite. We are happy to present this to the board as quickly as we can get this completed however, we have been told it may take 10-12 weeks from several survey companies. We are requesting approval for a single-family dwelling to be built on this parcel of land which will be our primary residence. The application and supporting documentation are included below; Thank you for your consideration, Timothy and Jennifer Holmes Survey map provided by seller’s realtor showing corner bounds Plan showing proposed access and home site location Proposed House Location Approximate location of dirt road access 1 2 3 4 5 6 7 8 Approximate Property Line Picture 1 Looking northeast towards Johnsons Cartway Access 1 which is opposite 160 Crowells Bog Road Picture 2 Access 1 which is opposite 160 Crowells Bog Road Existing 3 bedroom home @ 169 Crowells Bog Road Picture 3 Access 2 directly across from Johnsons Cartway Access 3 to side yard Picture 4 Access 2 Access 3 to side yard which would be primary / Dirt Road Access to Map 61, Lot 11 Picture 5 Standing at the bottom of existing driveway looking up “proposed dirt road access” to the north Picture 6 Looking west / northwest towards 169 Crowells Bog Road with back to Johnsons Cartway Picture 7 Standing on property of 169 Crowells Bog Road looking south towards the road / bottom of existing driveway Picture 8 Standing in same spot as previous picture looking south southwest up access path to side yard and house Map referenced in deed dated March 8th 1955 of land owned by Grace Peirce conveyed to Morris Kazanjian Jr