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HomeMy Public PortalAboutZBA Meeting Packet 08/09/22Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only August 9, 2022 at 7:00 PM This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021,. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258 To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/88076668068?pwd=b3lXWnMwM2tybTk4SzlKMk5vT3NTUT09 enter Passcode 047258 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Zoning Board Brian Harrison Chair Jeff Carter Vice Chair Patricia Eggers Bruce MacGregor Trish Metz Department Assistant Ellen Murphy 1.Call to Order 2.Declaration of a Quorum 3.Meeting Participation Statement 4.Approval of Meeting Minutes 5.Continued Applications: ZBA Case #21-19 Applicant: Latham Centers, Inc. (represented by Attorney Andrew Singer), 1439 Main Street, Map 48, Lot 61, in the RM zoning district. In accordance with the Order of Remand issued by the Barnstable Superior Court on June 7, 2022 (CA#2172CV00379), the applicant requests the Brewster Zoning Board of Appeals review and approve the modifications to the original proposal. 6.New Applications: ZBACase #22-08 Applicant: Gregory Pavlov (represented by Thomas A. Moore Design Company), 43 Clark Road, Map 74, Lot 51, in the RM zoning district. The applicant requests an addition to a pre-existing non-conforming dwelling. ZBA Case #22-09 Applicant: James A Hardman III & Christine S. Hardman, 217 Wayside Drive, Map 129, Lot 7 in the RM zoning district. The applicant seeks a variance pursuant to section 179-52 of the Brewster zoning bylaw to build a 16 ft.x25 ft. single story bedroom and bath addition to a pre-existing non-conforming dwelling within 6 ft. of the east side line of the property. 7.Matters Not Reasonable Anticipated by the Chair 8.Next Meeting: September 13, 2022 9.Adjournment Date Posted:Date Revised:Received by Town Clerk: 7/11/2022 8/1/2022 Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, May 10th, 2022, at 7PM Virtual Meeting Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Art Stewart, Jeff Carter, Patricia Eggers, Jeannie Kampas and Bruce MacGregor. A quorum was determined. Also present: Applicants: Sally Gunning and Ellen Murphy (Department Assistant) The Chair read the Recording or Taping Notification: This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Zoning Board of Appeals, please email: zbameeting@brewster-ma.gov. Review and Approval of April 12th meeting minutes: Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by Pat to approve the April 12th meeting minutes, Art seconded the motion, a vote was taken, and the minutes were unanimously approved. New Applications: ZBA case #22-06 Applicant: Brewster Historical Society, Inc. (Represented by Sally Gunning), 51 Drummer Boy Road. Members present and voting: Jeff Carter, Pat Eggers, Bruce MacGregor, Jeannie Kampas and Art Stewart. Sally Gunning provided the Board with an overview of the application. She stated the Historical Society has opted to go to a curb-side pickup for the Farmer’s Market. She indicated that in 2020 it was very successful and more manageable than the physical Farmer’s Market held in 2021. She stated that pickup in the park would be between 3-6 on Wednesdays, starting June 1 thru September 7 with no more than 12 cars at a time. She informed the Board on October 9th the Historical Society will operate a physical Harvest market where physical market vendors would apply through the Board of Health for a permit to sell their food in booths. An application for an entertainment license for music on October 9th has been submitted. The event will be sharing the park with a craft fair and have permission to share the parking. Sally indicated there are two sizes for the Farmer’s Market boxes and can be ordered through the Historical Society website for curb pick-up. Bruce questioned the uses that come in front of the Zoning Board of Appeals in order to use the area. Brian stated it is considered a special event and part of the Zoning Board of Appeals bylaw. Ellen informed the Board the requirement for a special event permit is more than 5 events an application is filed with the ZBA, less than 5 events the Select Board is the decision maker. The Board opened to public input, there being none, Pat made a motion to close to public input, Bruce seconded the motion, a vote was taken, and the Board unanimously voted to close to public input. Jeannie made a motion to approve ZBA case #22-06 for a special event use for the Brewster Historical Society to hold a curb-side pick-up Farmer’s Market and hold the October 9th special event, Pat seconded the motion, Brian suggested the decision be subject to any COVID restrictions, a vote was taken, and the Board voted unanimously to approve ZBA case #22-06. Reorganization of ZBA The Chair thanked Art Stewart for his time of over 20 years on the Zoning Board of Appeals. Art has submitted his resignation, and this will be his last meeting. Pat made a motion for the Board to accept Jeff Carter as Vice- chair and Brian Harrison as Chair, Jeannie seconded the motion a vote was taken, and the Board approved unanimously. Ellen will confirm the Board member terms. Matters Not Reasonably Anticipated by the Chair: None to report Page 2 of 2 The next meeting of the Brewster Zoning Board of Appeals is scheduled for June 14th, 2022. Bruce made a motion to adjourn the meeting, Pat seconded the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. Meeting adjourned at 7:23 pm. #21-19 Applicant: Latham Centers, Inc. Represented by Attorney Andrew Singer 1439 Main Street Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Marian S. Rose Myer R. Singer (1938-2020) June 15, 2022 Via Email and Hand Delivery Brewster Board of Appeals c/o Brewster Planning Department, Senior Department Assistant 2198 Main Street Brewster, MA 02631 Re: 1439 Main Street, Brewster (ZBA Case #21-19 — Remand Hearing) Dear Members of the Board, l9 r Tel: (508) 398-2221 Fax: (508) 398-1568 www.singer-law.com In accordance with the Order of Remand issued by the Barnstable Superior Court on June 7, 2022, 1 am writing on behalf of the Applicant in the above -referenced case, Latham Centers, Inc., to request that the case be placed on the Board's next available agenda to review modifications to the original proposal agreed to by the Applicant and the abutter located at 88 Brier Lane. Copies of the Board's original Decision in Case #21-19 and the Court's Order of Remand are attached hereto. The Applicant respectfully requests that the Board approve the following modifications to its proposed redevelopment of the property: 1. The previously -approved "proposed 2 story student apartment building" is being eliminated from the proposal and this section of the Property will remain as yard area. There will be no other physical changes to the proposal as originally reviewed and approved by the Board, including parking, driveways, access, and redevelopment of the existing buildings on the Property. Since the new middle building will now not be built, there will thus be no proposed, additional cupola on such building and therefore the previously -submitted variance relief for cupola height on such building is no longer necessary. Special permit relief to alter the pre-existing nonconforming site conditions is the sole remaining relief being requested. The use remains a protected use under M.G.L. Chapter 40A, Section 3; 2. The Applicant shall install a six foot (6') solid privacy fence (e.g., wooden stockade or vertical board) along the shared boundary of the Property and the property of the abutter located at 88 Brier Lane; 1 3. The Applicant shall maintain the perimeter vegetation as shown on the submitted site plan as existing or "proposed tree line," as a natural buffer along the shared boundary of the Property and the property of the abutter located at 88 Brier Lane, except as may be necessary for the installation of the six foot (6") solid privacy fence; 4. The cupolas on the existing buildings on the Property shall not be internally or externally illuminated, and the only exterior lighting on the existing rear building ("2 story education facility and gym") shall be motion -activated security lighting at exit doors. All lighting on the Property shall be designed and operated so that all illumination will be contained on the Property and shall not spill onto the abutter's property at 88 Brier Lane; and 5. The Applicant requests that the Board include a condition in the remand decision that "The relief granted herein is in connection with a use permitted pursuant to G.L. c. 40A, § 3, and any proposed change of use to a use not protected by G.L. c. 40A, § 3 shall be subject to any and all review and approvals required by the Town of Brewster." Thank you for your further consideration of this proposal. Very truly yours, Andrew L. Singer Andrew L. Singer ALS/a Attachments cc: Kimberly A. Bielan, Esquire (via email) David S. Reid, Esquire (via email) A. Alexander Weisheit, Esquire (via email) 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS • DECISION 21-19 21-19 Latham Centers, Inc. (represented by Andrew Singer), 1439 Main Street, in Brewster, Map 48, Parcel 61 (previously Map 24, Parcel 01) ["Property" ), in the RM zoning district. The Applicant is seeking 1) a Special Permit to accordance with Section 179-25B of the Brewster Zoning By -Law ["Zoning By -Law"] and M.G.L. Chapter 40A, Section 6, and 2) a Variance in in accordance with Section 179-52 of the Zoning By -Law and M.G.L. Chapter 40A, Section 10, from the provisions of Sections 179-15 and 179-16, Table 3 (cupola height). Members hearing this application: Brian Harrison, Bruce MacGregor, Patricia Eggers, Jean Kampas, and Jeff Carter. The Board found the following; • The Property was the former site of the New England Fire and History Museum and has been owned and operated by the Applicant as part of its nonprofit educational mission for the past several years. • The use is protected under M.G.L. Chapter 40A, Section 3. • There are several buildings on the Property, including with pre-existing nonconforming setbacks. • The Applicant Is proposing to redevelop its educational campus with additions to the existing southerly front building (educational training center and meeting house) and northerly rear building (educational facility with classrooms, auditorium, meeting space, and gymnasium), demolish two buildings on site, construct a new two-story, middle building along the west side of the Property for residential use to include seven (7) studio apartments and one (1) one -bedroom staff apartment, and to expand, upgrade, and install new internal driveways and parking, walkways, lighting, septic, and drainage throughout the Property. • The tenants In the new middle building will be Latham Center program members, and the building has been designed with the special needs of the residents in mind. This includes improved accessibility, individual bedrooms, multiple and flexible common areas, secure access, and improved safety for residents and staff, This housing will be transitional in nature (with an estimated two -years of residency for the respective tenants over time). • Building and site coverages will remain conforming. • There is adequate access for emergency vehicle services, including fire and police. -2 - There will be no negative impact to traffic and parking is sufficient. The residents in the middle building will not have cars, Although the new middle building will slightly Intensify the pre-existing nonconforming side setback on the Property (18,9 ft, existing; 16,9 ft. and 18.2 ft. at two corners of the building proposed), this change will not be substantially more detrimental, will be appropriately screened, and will not cause any nuisance or hazard. • The Brewster Old King's Highway Regional Historic District Committee has approved the proposed site changes, • 'The Brewster Conservation Commission has approved the proposed site changes. • The Brewster Affordable 'Housing Partnership and Brewster Community Preservation Committee have both endorsed a request for CPC funds to be voted on at Town Meeting In connection with the portion of the proposed redevelopment that will provide needed, affordable housing opportunities in Brewster. • There will be an adequate method of sewage disposal. The proposed redevelopment will not negatively impact groundwater quality. The requested cupola on the new middle building will match in design and scale the existing cupola on the front building and the replacement cupola to be reinstalled on the rear building (the rear cupola was removed as part of rehabilitation work). The Applicant is requesting this cupola not only for aesthetic consistency, but also because It provides a fundraising donation opportunity to assist in the Latham Center's nonprofit programming and services. The height of the rear building (to the ridge line and Independently to the top of the cupola) is pre-existing nonconforming. The requested height for the new cupola on the middle building will be 34 ft, 11 in. (the building will be a conforming 28 ft. 8,5 in. to the ridge line). By way of comparison, the height of the pre-existing nonconforming rear building is 31 ft, to the ridge line and 36 ft. to the top of the replacement cupola. The proposal will be in keeping with and compatible with the character of the neighborhood. Lighting will comply with the Town of Brewster lighting regulations, and there will be no negative change in artificial light, noise, litter, and odor. The proposal will not create any nuisance, hazard or congestion or any harm to the neighborhood or neighboring properties. Plans submitted Includes detailed 1) Site Development Plan Set (Sheets 1 of 16 through 16 of 16, inclusive, prepared by TFM, dated October 23, 2019, and last revised 6/14/21; 2) Proposed Sewage Disposal System Plan, prepared by Fieldstone Land Consultants, PLLC, dated February 28, 2020, 3) Color Renderings (Three Sheets), prepared by Bruce Ronayne Hamilton Architects; and 4) Elevations and Floor Set (Sixteen Sheets), prepared by Bruce Ronayne Hamilton Architects, dated 3/30/21, • -3 - There was discussion between and among the Board members and Applicant, and there was no public comment, • The Board, having deliberated on these matters and having considered all of foregoing, as well as the written documentation, input, and testimony presented, hereby finds that: 1) the proposed redevelopment will not be substantially more detrimental than the pre-existing nonconforming conditions; and further that 2) the proposal as its relates to the cupola meets all of the variance criteria, namely: (1) a literal enforcement of the provisions of the Zoning By -Law would involve substantial hardship, financial or otherwise, to the Applicant; (2) the hardship is owing to circumstances relating to the existing buildings, topography, and site development to be re -used, and especially affecting such land and structures but not affecting generally the zoning district in which they are located; and (3) the variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The Board voted unanimously on a motion by Patricia Eggers and seconded by Jeff Carter, to APPROVE the Special Permit in accordance with Section 179-25B of the .Brewster Zoning By -Law and M.G.L. Chapter 40A, Section 6, to redevelop the Property as shown on the submitted plans, The Board voted unanimously on a motion by Jeff Carter and seconded by Patricia Eggers, to APPROVE the Variance in accordance with Section 179-52 of the Brewster Zoning By - Law and M.G.L. Chapter 40A, Section 10, from the provisions of Sections 179-15 and 179- 16, Table 3, to allow the cupola on the new, middle building to be as shown on the .submitted plans, The granting of this petition shall in no .way be construed by any person(s), whether private citizen or public official(s), to be a variance, permit or license beyond the statutory provisions of the,laws of the Town of Brewster or the Commonwealth of Massachusetts, except as herein above approved and set forth by the Zoning Board of Appeals at a public hearing. Special Permits and Variances granted by the Board of Appeals DO NOT TAKE EFFECT until the twenty (20) day appeal period has expired and the documents have been recorded with the Barnstable County Registry of Deeds. The Variance shall expire one year from the date of release of the Town Clerk following the appeal period if the Variance Is not exercised. If in the future, It develops that the activities or conditions permitted pursuant to this Variance have not complied with terms of the permit, the Zoning Board of the Town of Brewster shall have the right, on its own initiative to open a modification of the hearing to resolve those issues. Brian Harrison - Chairman -4 - This decision Is filed with the Town Clerk, Town of Brewster on ObWo(ANAru� Town Clerk The twenty -day appeal period has lapsed the day of , 2021, C No appeal has been filed an appeal has been filed on Town Clerk COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 2172CV00379 ) KATHLEEN MEGAN KELLEHER, ) Plaintiff, ) ) v. ) ) LATHAM CENTER, INC, ) And BRIAN HARRISON, BRUCE ) MacGREGOR, PATRICIA EGGERS, ) JEAN KAMPAS, and JEFF CARTER, ) Defendants. ) ) INtal4a513Dul ORDER OF REMAND Following the Court's consideration of the Parties' Joint Motion for Remand, it is hereby ORDERED that the matter be remanded to the Brewster Zoning Board of Appeals ("Board") consistent with the following terms and conditions: 1. Within thirty (30) days of entry of this Order, the Defendant, Latham Centers, Inc. ("Latham"), shall submit a written request ("Request") to the Board, by and through the Brewster Planning Department, Senior Department Assistant, to modify the project to be undertaken on its property located at 1439 Main Street, Brewster, Massachusetts ("Property"), as approved by the Board in Decision No. 21-19 ("Project"). As pertinent to the proposed modifications on remand, Latham shall Request the Project be approved subject to the following conditions: (a) (b) Latham shall eliminate the "proposed 2 story student apartment building"; Latham shall install a six (6') foot solid privacy fence (e.g., wooden stockade or vertical board) along the shared boundary of the Property and the property of the Plaintiff, Kathleen Megan Kelleher ("Kelleher"), located at 88 Brier Lane, Brewster, Massachusetts ("Kelleher Property"); (c) Latham shall maintain the perimeter vegetation, shown on Latham's Site Layout Plan as existing or "proposed tree line," as a natural buffer along the shared boundary of the Property and the Kelleher Property, except as may be necessary for the installation of the six (6') foot solid privacy fence; (d) The cupolas on the Property shall not be internally or externally illuminated. The only exterior lighting on the "existing building to remain as a 2 story educational facility and gym" shall be motion -activated security lighting at exit doors. All lighting on the Property shall be designed and operated so that all illumination will be contained on the Property and shall not spill onto the Kelleher Property; and (e) Latham shall request that a condition be added to any decision of the Board providing that the relief granted therein is in connection with a use permitted pursuant to G.L. c. 40A, § 3 and that any proposed change of use to a use not protected pursuant to G.L. c. 40A, § 3 shall be subject to any and all review and approvals required by the town'of Brewster. 2. Except as otherwise necessary to reflect the proposed modifications to the Project identified herein, Latham shall not be required to file a new application, supportive plans, and filing fee; instead, Latham shall be entitled to rely upon the materials filed in support of Decision ° No. 21-19. Notwithstanding the foregoing, Latham shall not be precluded from further modifying its Request or filing modified and/or revised plans, so long as a request that the conditions contemplated in Paragraph 1 of this Order be included in any approval is maintained in any such modification(s). 2 3. Following receipt of the Request, the Board shall notice and schedule a new public hearing in accordance with G.L. c. 40A. Latham shall reimburse the Town for any advertising fees incurred for publishing notice of the public hearing. The new public hearing shall be opened within sixty (60) days of entry of this Order for consideration of Latham's Request by the Board. 4. Prior to the taking of a vote on Latham's Request, Latham shall be entitled to withdraw its Request without prejudice. In the event Latham withdraws its Request without prejudice, Decision No, 21-19 shall remain in full force and effect as unmodified. In such event, Kelleher shall serve (by first-class mail) on counsel for all parties hereto a motion to restore the above -captioned action to the Court's active docket within ten (10) days of such withdrawal. Kelleher acknowledges that failure to serve such a motion to restore the above -captioned action within such time period shall be basis for dismissal of this action. 5, Within thirty (30) days of the close of the public hearing on Latham's Request, the Board shall file a remand decision on the Request with the Brewster Town Clerk. 6. In the event the Request is granted by the Board and the conditions contemplated in Paragraph 1 of this Order are contained therein and/or incorporated into the Project, upon the expiration of twenty (20) days following the filing of the remand decision with the Brewster Town Clerk, the Parties shall file a Stipulation of Dismissal in the above -captioned matter. 7. In the event the Request is granted by the Board and the conditions contemplated in Paragraph 1 of this Order are not contained therein and/or incorporated into the Project, within twenty (20) days of the filing of the decision; With the Brewster Town Clerk, Kelleher may file an Amended Complaint appealing the remand decision in the above -captioned matter and, in 'connection with same, Kelleher shall provide notice to the Brewster Town Clerk consistent with 3 G.L. c. 40A, § 17 and serve Town Counsel and Latham's counsel with a copy of the Amended Complaint (by first-class mail). In the event Kelleher does not timely appeal the remand decision, the Parties shall file a Stipulation of Dismissal in the above -captioned matter. 8. In the event the Request is denied by the Board and/or contains conditions objectionable to Latham, nothing contained herein shall deprive Latham of the right to appeal the remand decision in accordance with G.L. c. 40A, § 17. 9. This Court shall retain jurisdiction of the instant action and the remand decision without the necessity of Kelleher and/or Latham filing a new action, and further proceedings shall be conducted in this Court as necessary and appropriate following the Board's decision on remand. ENDORSED AND APPROVED BY THE COURT 6 Justice of the Superior Court Dated: f'2/9t2-- , 2022 4 ikl=ll o tkit'a.,. cog p�\Op\0 IE 11 1//// /plc •• fE8•pID A100v l///ll111111II I I I I Iil\\\\\\V TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 48/61/0 Certified by: 717 James M. Gallagher, MAA Deputy Assessor #22-08 Applicant: Gregory Pavlov (Represented by Thomas A. Moore Design Company) 43 Clark Road Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov ZBA CASE FILE # APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) Date + Time Stamped By Town Clerk BRUSH.: T TON CLERK '22 JUN;', 9:2801 NAME OF APPLICANT GREGORY PAVLOV REPRESENTATIVE THOMAS A. MOORE DESIGN CO PHONE NUMBER 508-896-6403 MAILING ADDRESS 43 CLARK ROAD BREWSTER, MA 02631 PROPERTYADDRESS 43 CLARK ROAD CURRENT PROPERTY OWNER(S) GREGORY PAVLOV REGISTRY OF DEEDS TITLE REFERENCE BOOK 31959 PAGE 59 OR . CERT. OF TITLE # LAND COURT # PLAN # . TOWN MAP # 74 LOT # 51 ZONING DISTRICT RM YEAR BUILT 1966 STATEMENT OF PROJECT ADDITION TO A PRE-EXISTING NON -CONFORMING DWELLING SIGN TURE OF OWNER OR GENT FOR OV,1]Nt R &17,7 X2• DA NOTE: This petition is NOT COMPLETE until all information is provided. Accuracy of this information Is the responsibility of the petitioner. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 1 of 4 DATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other HOUSE STREET ADDRESS 43 CLARK ROAD YEAR BUILT 1966 MAP # 74 LOT # 51 ZONING DISTRICT RM List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED FRONT 31.1' 40' 28,7' • Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, ▪ Existing is the setback that currently exists on the ground • Reauired is the applicable setback required currently in the Brewster zoning bylaw ▪ Proposed is the setback being requested FRONTAGE: EXISTING 214' LOT SIZE: 24,610 S.F. REQUIRED 150' LOT COVERAGE EXISTING % 4.9 PROPOSED % 7.2 ALLOWED % 25 SIZE OF PARCEL 24,610 sq. ft. BUILDABLE UPLAND 24,610 BUILDING COVERAGE/PRIMARY STRUCTURE 1195 sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft. BUILDING HEIGHT: EXISTING 18.2' PROPOSED 16.2' sq. ft. SPECIAL PERMITS: V APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. THE PROJECT IS A PROPOSED ADDITION TO THE PRE-EXISITNG NON -CONFORMING SINGLE FAMILY DWELLING VARIANCES: ❑ APPLICATION FOR VARIANCE AS SET FORTH IN M.G.L. 40A, § 10 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE VARIANCE IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. In order to grant a Variance, the ZBA must find all three of the following to be true: ❑ Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and ❑ A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and ❑ That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law ❑ APPEAL IN ACCORDANCE WITH M.G.L. 40 A, § 8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4 ZONING BOARD OF APPEALS FILING PROCEDURES Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am — 4:00 pm Monday- Friday. Complete application (12 copies) checklist: ✓ Application ✓ Professionally engineered site plan • Assessor's map showing the applicant's lot • Building plans, including floor layout, elevations and dimensions ❑ Decision letter from the zoning agent, if applicable VI $300 Filing Fee (made payable by check) Photographs are recommended. Please also provide one (1) pdf or electronic copy of the completed application package. An Abutter's List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted of the Meeting Board on the main floor of the Town Offices. A copy of the Zoning -By -Law, Chapter 179, is available at the Brewster Ladies' Library. It may also be purchased at the Town Offices for $25.00 or downloaded without charge from The Town of Brewster e -code website: http://www.ecode360.com/BR1068 Any Decision of the Board of Appeals may be appealed to Superior Court, Land Court or District Court within twenty (20) days from the time that the decision is filed with the Town Clerk. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 4 of 4 T AX MA P 74 OF BR EWSTER MASSACHUSETTS LEGE ND AS 35PC 3S9C 1C1 160 180( D) 160 (S) 2215 R) PROPERTY UNE MATC H LINE EASEMENT PA RCEL NUMBER ACRE AGE CAL CUL ATED ACREAGE SUR VEY DIMENSI ON DEED DI MENSI ON SCALE DIMENSION STREET NO. SURVE Y LOT N O. BUIL DI NG WETLAND CRANBER RY BOG OPEN WATER HYD ROLOGY DR)VEW AY TR AILS O VE RHEA D LI NES LOCUS M AP 100 200 360 400 egl%M!)1 F AH SCALE LAST PARCEL NUMBE R: 103 REVISION DATE 11/52015 TNS MAP IS PREPAR ED FOR THE IN VENTORY OF REAL PR OPERTY WR)O N T OWN OF BRL.n) ER AND M CORPUE D F ROM RECORDE D OEEOS. RATS . TA%MAPS. SU RVEYS. RAM ME D. M APS ANO OTNE R PMUC RE COMM AND DATA USERS OF THIS TAX MA P ARE HERE BY NOTIFIE D THA T THE AFOREENTIO NEO PUBLIC PB MARY I NF ORM ATI ON SOU RCES S HOULD BE CONSULTED FO R VENFIG 0ON OF THE INF ORMATION CO NTAI NED ON THIS MAP. THE TOWN OF BREW STER AND ITS MAP PIN G CONTRACTORS ASSUME NO LEGL RE SPONSIBILIT Y FO R T N E INFOR MATION CO NTAINED HEMP,. AECOM t �34.9t Plan Note: 1) Elevations are bosed on NAVD88 2) Zoning District is RM hereby certify that the structures shown are located as they exist on the ground. Donald 1", Poole PLS P2662 �srsa�srret rFshr, VA 02631 602558,77 hereon Date se- 77- Plot X622 Plot Plan of Land X43 Clark Road, Brewster, prepared for Gregory Pavlov Deed Book 31959, Page 59 Lot 63 and Lot 64 Plan Book 130, Page 139 Scale 1 " = 40' May 76, 2022 olS X924007 cp MA LEh I SIDE ELEVATION FRONT ELEVATION 34'-3"± (EXISTING) TOP OF PL EXISTING SECOND FL. SUBFLOOR TOP OF PLATE EXISTING FIRST FL. SUBFLOOR 2 I'-4°± 1 u 11 ,a 1 8'-0' -NEW ROOF SHINGLES TO MATCH IXISTWG -- ■ EXIST. 5T 5T. ISTING) z N_ 8 ZS EXIST. DEN/BEDRM. I5T 55 C -CLOS. 2i 0 EXIST. BEDROOM IL N. EXIST BATH 0 EXIST CLOS EXIST. KD CLOS. y 0 EXIST. KITCHEN EXIST. LIVING ( ob (ADDITION) 6'-O" -0" 9'-0" (ADDITION) 9'-0" EXIST, DECK I5T O EXIST. DINING II \\ A z EXIST. EXIST EXIST. EXIST. u 5 0) EXIST. FAMILY RM. NEW 2'G" x G'8" PKT. 000 8 11 5 (EXISTING) FIRST FLOOR PLAN LEGEND FEM C� ©COPYRIGHT 2022 BY THOMAS A. MOORE DESIGN CO. EXISTING WALL CONSTRUCTION TO REMAIN NEW WALL CONSTRUCTION EXISTING WALL CONSTRUCTION TO BE REMOVED NEW/EXISTING SMOKE/CARBON MONOXIDE DETECTORS NEW HEAT DETECTOR (EXISTING) > GENERAL NOTES: 13,10"-± (EXISTING) I .) CONTRACTOR 15 TO VERIFY EXISTING CONDITIONS AND DIMENSIONS IN THE FIELD PRIOR TO THE START OF WORK 2.) CONTRACTOR TO REMOVE EXISTING DOORS, WINDOWS, WALLS, C ROOFING AS REQUIRED FOR NEW CONSTRUCTION. 3.) ALL NEW CONSTRUCTION TO MATCH EXISTING IN MATERIAL, DETAIL, AND FINISH. 4.) ALL WORK SHALL CONFORM TO THE MASSACHUSETTS STATE BUILDING CODE (LATEST EDITION) AND ALL OTHER APPLICABLE LOCAL CODES 5.) ( 6P' 8 -FOLD. CLOS. NEW �\ LAU NtB-i- a PULL, SLCV' I SDOWNi SIN ABO L37-' NEW ENTRY 0) m 0" -0" 6'8" (ADDITION) 612 pD CENTERED ABOVE 2 NEW GARAGE (4' CONC. SLAB ON GRADE PITCH 2' TO O.H. DOOR) NEW I O 0' x 8' 0' OVERHEAD DOOR Zj CAPRON QD CENTERED ABOVE (ADDITION) 0 5 N O ANY DISCREPANCIES, ERRORS AND/OR OMISSIONS IN THE NOTES, DIMENSIONS, AND/OR DRAWINGS CONTAINED ON THESE DOCUMENTS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGNER PRIOR TO COMMENCEMENT OF CONSTRUCTION. PROCEEDING WITH CONSTRUCTION CONSTITUTES ACCEPTANCE OF THESE DOCUMENTS AND ANY DISCREPANCIES, ERRORS AND/OR OMISSIONS BECOME THE RESPONSIBILITY OF THE BUILDING CONTRACTOR. NEW RAKE F DRIP BOARDS TO MATCH EXISTING 949 ROUTE 137 BREWSTER, MA. (508) 896-6403 SCALE : /8"= 1'-0" DATE : 6/27/2022 PROJ. NO. 2021-538 DWG. NO. : Al 2 / NEW FASCIA 6 FRIEZE BOARDS \ \ �TO MATCH EXISTING Nos sassil IJ I j ii 1 �L L - 1 J IJ1 d 1 1,11Y1,ll 111112 J, 1 !�. L LLL ll.1 NEW WHITE CEDAR 11i 11 1 1 J l '11 11 II SHINGLE SIDING TO It�l II I ■■■ 1 I I I ALT 11 Lill MATCH EXISTING Ali 1 J 1 1A1111,11 1111111 ILil I II II L JUIJ LILII 11 ■■■ UI µ' ! 'IL 1 1 1 ' J 1 1:1Lu ll 1 1 .!L IJ _ I I U, L J�. LII t J 1 fI ■■■ �f 11. a 1L 1 I 11 pL �ILiJ II II q Il �jll111i11 II LT I I I�I 1 -71 I 1 Jl li1 L 11 1 1 I1 1 _ J1 15 J J 8 II;I if 11111 IL1.1l..LJ�! X11.1„ILJW L11.i�1i�! l '11111111 �ILIl. 1 1.111 .� u_ 1111-1'i-i-I�J1 1151-1)1 1! II'' 1 j 11 IJi IS I`fl 11 111 llll. L1 1 11 llL 1 11 1 11❑II�iJ, 11 li11 I L ll _lit I_Jt Ill "L U 1 ll �� Lll ll 1 1111 - _ �1�� . Lll-� �4ul li 1i1�1 1 1 `>_i1u„,�4U-P�.�4+-�4�', it RIGHT SIDE ELEVATION -.--NEW CORNER BOARDS TO MATCH EXISTING I ii l i I I I li 1 1. I I L _i. li. .' 9 11 1 )1 NEW RAKE 6 DRIP BOARDS TO MATCH EXISTING lllfll�' 11 l)J J1 I t p II I 11Lt1 II .iJU11(J i J1,1�L.J�,1,1 ,,i111 1 1 J tl ' 111' 1llLIL1 11 1! I II y u X11 G1 a' u1P 1 ,4�� GAfl 11 1 1.11 Jl i! 1 1 .11.11 itj; L, L 1 ,�.111 1!11 11 1 1 LJt J 111171-1,,, 111 11 f 1Lll W tl 1 I 1111 1' J1 ll 1�1.'ll 11 IL 111' ' i 1 1 1 iili Ii1LI llJ:� 11 Lu 1 �. t1 ti n�1 WJJ- -Lt1-L j1L1 11 I II 1! l L( n' Lu ■■■■II I, a Vr ttiluLl UT �1 I�r1�417i' 1 11� �1 L"�Lil-�I 1iyI��II1- 11 1t- �� I II IVLJ1 1��11����I�LL i:J`lll�2 1 ' 1ll111i1 LI 1 i7 11 I II II 11 11 IL !l LIu !JillP11 L� 34'-3°± (EXISTING) -NEW ROOF SHINGLES TO MATCH DUSTING -- r tt. 1 Lam_ LJ 1;11.1! i- Il_I i1 REAR ELEVATION 2 1'-4°± (DUSTING) 8'-D° 18'-O° 15T. EXIST EXIST. EXIST. EXIST 65 N 4r EXIST. BEDROOM 15T. 0 EXIST. BATH g's' EXIST. eCL S. T ti Jn \ / / \ EXIST EXIST. CLOS. EXIST. BEDROOM (ADDITION) (ADDITION) 5 6) ©COPYRIGHT 2022 BY THOMAS A. MOORE DESIGN CO. 0 4) +1 F Log. 3'-1 O"± N 0 E 18'-O" (EXISTING) SECOND FLOOR PLAN LEGEND 1-"-7 EXISTING WALL CONSTRUCTION TO REMAIN NEW WALL CONSTRUCTION EXISTING WALL CONSTRUCTION TO BE REMOVED NEW/EXISTING SMOKE/CARBON MONOXIDE DETECTORS (EXISTING) (EXISTING) (ADDITION) WINDOW SCHEDULE TYPE MANUFACTURER'S UNIT ROUGH OPENING REMARKS A ANDERSEN TW 2440 2'-0 1/8" x 4'-8 7/8" DOUBLEHUNG 5 " " TW 21040 3'-0 1/8" x 4'-8 7/8" DOUBLEHUNG C " " TW 243 0 2'-0 1/8" x 4'-0 7/8" DOUBLEHUNG D " " A 2 1 2'-0 5/8" x 2'-0 5/8" AWNING NOTE #1 : CONTRACTOR TO VERIFY ALL QUANTITIES AND 5)2E5 OF NEW WINDOWS WITH OWNER AND ROUGH OPENINGS WITH WINDOW MANUFACTURER PRIOR TO ORDERING OF WINDOWS. (ADDITION) DESIGNED/DRAWN BY: 949 ROUTE 137 P.O. BOX 2124 BREWSTER, MA. (508) 896-6403 Ir0 I z SCALE : 1/8"=1'-0" DATE : 6/27/2022 PROJ. NO. 2021-538 DWG. NO. : TOP OF PLATE EXISTING SECOND FLOOR SUBFLOOR TOP OF PLATE EXISTING FIRST FLOOR SUBFLOOR 117 ©COPYRIGHT 2022 BY THOMAS A. MOORE DESIGN CO. M ONT ELEVATION 34'-3" (FxISTING) TOP OF PLATE 2 EXISTING SECOND FLOOR SUBFLOOR TOP OF PLATE 2 EXISTING FIRST FLOOR SUBFLOOR r 21'-4"t (IXI5TING) EXIST EX 5T. EX5T +I N EXIST. DEN/BEDRM. EXIST. CLOSS. EXIST. BEDROOM N EXIST CLOS 0 EXIST BATH N EXIST. CLOS. UP t EXIST. KITCHEN EXIST. LIVING N EXIST. DECK EXIST EXIST. KIGhT SIDE ELEVATION ID N EXIST. DINING N NK EXIST. EXIST. EXIST. EXIST. EXIST. SITTING RM. +I Vim' N bF EXIST. EXIST. 3'-10"± (EXISTING) (IXI5TING) f I (SST FLOOD PLAN (EXISTING) 949 ROUTE P.O. BOX 2124 BREWSTER, MA. (508) 896-6403 SCALE : I /811= l'-0" DATE : 6/27/2022 PROD. NO. 202 I -538 DWG. NO. : EX1 T II REAR ELEVATION 34'-3"± z TOP Of PLATE EXISTING SECOND FLOOR SUBFLOOR TOP OF PLATE LErI- SIDE ELEVATION 2 I'-4"± (EXISTING) (EXISTING) T. EXIST. EXIST. EXIST. EXIST. +1 EXIST. BEDROOM EXIST 0 EXIST. BATH ti \ / O /\ Ex. x LIN N 1 EXIST. CLOS. r EXIST. BEDROOM "1\ 4- 1 ti 34'-3°± (IXISTING) 7-6"± iu z 13'-1 O"± (EXISTING) SECOND FLOOR PLAN ©COPYRIGHT 2022 BY THOMAS A. MOORE DESIGN CO. (IXISTING) DESIGNED/DRAWN BY: 949 ROUTE 137 P.O. BOX 2124 BREWSTER, MA. (508) 896-6403 W ` 0 o TO g u SCALE : I /8"= I '-0" DATE : 6/27/2022 PROJ. NO. 202 I -538 DWG. NO. : EX2 Application#22-08 www.brewster-ma.gov Page 1 of 1 8/1/2022 DEPARTMENT REVIEWS Application #22-08 APPLICANT/OWNER: Gregory Pavlov REPRESENTATIVE: Thomas A. Moore Design Company MAP/LOT: Map 74, Lot 51 PROPERTY ADDRESS: 43 Clark Road Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator Conservation has no comments regarding this application Police Dept. Comments received from Lt. Charles Mawn  The police department has no issues Health Dept. Comments received from Sherrie McCullough The Health Department file indicates an existing 1987 Title 5 compliant septic system with a maximum of five-bedroom capacity servicing an existing four-bedroom dwelling. An approved Title 5 Septic Inspection Report is on file dated January 29, 2019. The property is serviced by town water and does not lie within the Zone II or the DCPC, therefore there are no current restrictions for increased flow. The proposed work will not increase septic flow and the addition will maintain current Title 5 setbacks to existing septic components. Full review of the proposal will be required by the Health Department prior to final approval. Building Dept. Comments received from Davis Walters  Can addition be rotated to avoid increasing encroachment into setback? Fire Dept. Comments received from Chief Moran  The FD would be required to review the building plans for these applications when submitted to the building department for compliance with current smoke, heat, and carbon monoxide detector locations. Historical District Commission Comments received from Jessica Gelatt Not in the HDC therefore there are no comments regarding this application Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Certified by: °Ee°.Aiu°°.aioo' James M. Gallagher, MAA Deputy Assessor TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 74/51/0 74/42/0,: OWESRO D 74/41/0: OWES RO #22-09 Applicant: James A. Hardman III & Christine S. Hardman 217 Wayside Drive 00;1t11111mulloj�i� i rf"Q ,%we M ij;% •;i tim.aF051 Qa C:�`• `�,�//j��r /fllAlllltl1t11101i1��`�\\ Brewster Zoning Board of Appeals 2196 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 8968089 www, b rewste r-rn a . g ov ZBA CASE FILE # APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMITI VARIANCE! ZBA APPEAL APPLICATION ($300 FilinLEOO) NAME OF APPLICANT Pa Date + Time Stamped By Town Clerk "RDi5TE rll' CLERK '22 ,TUN' CA -v124 6coiv\PoN1 REPRESENTATIVE PHONE NUMBER MAILING ADDRESS "? .O c>X .)�.&.Q.SzTP\ f C' MA a 2. P ROPERTYADDRESS 2- �r� `N Pty t I \% 1 -�5 ()2-`(a S, $ CURRENT PROPERTY OWNER(S) 5 M J' N. 2UT REGISTRY OF DEEDS. TITLE REFERENCE BOOK 2• e ' L PAGE 2. g'1 _ OR CERT. OF TITLE # LAND COURT # PLAN # TOWN MAP # \ i,a1 LOT #_ ZONING DISTRICT ", YEAR BUILT \ bc1 STATEMENT F PROJECT M t T tv N PcST _VD. I PIT C A ?- )'T Sim-vC'Ct�1E •(�N std Off' 23r 2, (o�i ASR O 0(.3n 2'l�2vZ�. �.., ��Y1�w"'t►�"""�p`" SIG I TURE OF OWNER OR AGENT FOR OWNER DATE NOTE: This petition, is NOT COMPLETE until all information is provided, Accuracy of this information is the responsibility of the petitioner. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 1 of 4 MGL 40A, Section 6B, Brewster Zoning Bylaw 179-27, Article 8 DATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other STREET ADDRESS 2,` \/\/ / YSt top. YEAR BUILT \°I LF MAP# 12g LOT# t ZONING DISTRICT 1..1•'\ List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED FRONTAGE EXISTING \(;,6` REQUIRED vC,1 LOT SIZE • 3 Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, Existing is the setback that currently exists on the ground Required is the applicable setback required currently in the Brewster zoning bylaw Proposed is the setback being requested LOT COVERAGE EXISTING % \©• i567O PROPOSED % t3 % ALLOWED % 2•b% SIZE OF PARCEL \IC70n sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE \ 3�� sq, ft. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 2 7/19/2018 12:02 PM .BUILCING COVERAGE ALL OTHER STRUCTURES Low sq, ft. BUILDING HEIGHT: EXISTING SPECIAL PERMITS: PROPOSED ll,` APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN G.L.C. 40A, #9, SECTION 179-51, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. \ 1ct UM-12.-tp<Nc.. j - `Cv Nor) ks, ICs: t1S` PP ITtoN Cv C bK -C E'c k Ash S tQ Ov- V/N(r1S1,tE IA, • .�, ('c 2 L -� A. z u.2oc.) D N Ay S TC� i.lU c� N Lc- 7p_ ADDITIONAL COMMENTS: APPEAL IN ACCORDANCE WITH G.L.C. 40 A:8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 3 7/19/2018 12:02 PM VAS IANCE: in accordance with MGL 40A§ 10 MGL 40A Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that; 1. Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and 2. A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and 3. That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. The Board must find that applications for a variance meet all three findings. cQ �EF� V P-vi)v5j,0 NaD+TkoN l7vV\...D SE W irticI PI S1X C› F T1t , pRa46Pax7 LIIJ ov AA tt..L 12oA,D C')-) X) V ' i7uL t - 1U'► 11 L)' /�• 6 A \j, p c )4\1 kb T v w vc, T_ r, -W$ Td E\ \) , Pt 2.`^d t rr 2 oo.v\ iDAcTt\ 7C7 "TWE F 1p,ST F.)._0(2131-• ► 1rE N n 1-.1 N 11* W6 Si ku c5Y 1 ok•Y*1zfir L w T t 1-1 '.0 E'C12-Wkf•Jf' -v•(2 T Vi.7 )..4c, t") • N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 4 7/19/2018 12:02 PM LO CA TIO N MAP •PROFESSIONAL LAND SURVEYOR t-ALE=i.. DATE MAP 129 PCL. 6 TOWN LIN E MAP 12.9 PCL. 12 87 1510" E 100.00 WAYSIDE DRIV E MAP 129 PCL 11 MAP 129 PCL. 8 PROPOSED ADDITION BREW STER HARWICH ZONING DISTRICT: RM MIN. LOT AREA REQUIRED EXISTING PROPOSED 15,000 S.F. 15,000± S.F. 15,000± S.F. MIN. LOT FRONTAGE 100' 100 .00' . 100.00 ' FRONT SETBACK 30' 36.9'± - 36 .9'± SIDE SETBACK 20' 18.5 '± 6'± REAR SETBACK 20' 76.0'± 71'± BUILDING COV ERAGE 25% 10 .8±% 13 .4 ±% OWNER OF RECORD: JAMES A. HARDMAN, III P.O. BOX 1031 SOUTH ORLEANS, MA 02662 REFERENCES: DEED BOOK 28143 PAGE 287 PLAN BOOK 177 PAGE 95 ASSESSORS MAP 129 PARCEL 7 LOT WAS CREATED IN 1963, PLAN BOOK 177 PAGE 95 THE SEPTIC SYSTEM SHO WN IS AN APPROXIMATE LOCATION BASED ON BOARD OF HEALTH RECORDS. SITE PLAN 217 WAYSIDE DRIVE BREWSTER, MA PREP ARED FOR: J AMES H ARDMAN SCALE: 1" = 30' MAY 31, 2022 GR AP HIC SCALE IN FEET 30' 15' 0' 30' 60 ' DAN A. SPEAKMAN CONSTRUCT/ON LAND SURVE Y/NG Be 77TLE V ENG/NEER/NG DIVISION 15 SPEAK WAY N ORTH HARWICH, MA 02645 508- 432-5565 TAX MAP 129 BREWSTER MASSACHUSLIIS N PROPERT Y LINE 4 MATCH LINE VII/ JW E ASE MENT 3 PARCEL NUMBER 66 .35 AC ACREA GE 66.35 AC (C) CALC ULATEDACREAGE 160 160 (D) 160 (5) 2235 (2) SURVEY DIMENSION DEED DIMENSI ON SCALE DIMENSI ON STREET NO. SURVEY LOT NO. BUILDING WETLAND CRANBERRY BOG OPEN WATER HYDROLOGY DRIVEWAY T RAILS OVERHEAD LINES ',?2niq TAT17 5. t---- ,-Sil; Y. 70 00 10 0 tln) 07 n OD 00 111 11N,D on vi a 0: t D 10 31 N Ot IN 05 t0] :0®10 „� 01 44 alV r., N.:. .l ;moo, o� ) V:.".„619 ." HARWICH CH AM 05 00 TO LOCUS MAP FEET SCALE; 1'. 250 ' 0 50 100 200 000 400 RE VISED TO: 1/1/2021 NV... DO REAL THIS WITHIN THE TOWN OF OREPMRm ANO LS COMPILED FROM RECORDED DEE DS, PL AT TAX ANDS. SURVEYS. PI.UNIMETRIC MAPS AN D OTHER P UBLIC R ECORDS ANO DATA USERS OF T HIS TA X MAN ARE HERE BY NOTIFIED THAT THE AF OREMENTIONED PUO UL INFOR MATI ONPRI MA RY .R VERIFICATI ONDETRE INFORMATI ON ORMAi ON GC ONSULTED ONTA0100 N THIS MAP THE TOWN OF MEWSTER AND RD MM PINO CONTRACT ORS ASSU ME NO LEGAL RE...MIDDY FOR THE INF OR MATION CONTOURED HEREIN THE HORDONTAL DATUM IS THE M ASSACHUSETTS ST ATE PLANE COORDINATE SYSTEM , 0500 . ' 04000 PRE VIOUSLY MAINTAINED BY AECO M REVISED & REPRINTED BY Technologies Pm0MIon M.0001 n0. 080801181181 888. 11 Mo000nt SReet, UW emn, NH 00501 600.322 4540 - wmv.ml.tod,c om E7v 0 N in (11 `ll S 0 UT oN ELEVPmDN X31 A lt Z; 1 1 timmummi " I= IRS iilfi• Yf ff iflli alYill Application#22-09 www.brewster-ma.gov Page 1 of 1 8/1/2022 DEPARTMENT REVIEWS Application #22-09 APPLICANT/OWNER: James A Hardman III & Christine S. Hardman REPRESENTATIVE: MAP/LOT: Map 129, Lot 81 PROPERTY ADDRESS: 217 Wayside Drive Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator Conservation has no comments regarding this application Police Dept. Comments received from Lt. Charles Mawn  The police department has no issues Health Dept. Comments received from Amy von Hone Per the Health Department files, the existing property is located within our local District of Critical Planning Concern (DCPC), is serviced by Town water, and is located outside of the Zone II of our public drinking well. The lot consists of a single-family dwelling with 2 bedrooms serviced by a 2014 Title 5 septic system with a total capacity of 3 bedrooms. The following conditions and restrictions will apply to the proposed addition per Health Department regulations: The addition must meet all minimum setbacks to any septic components Per the Zoning DCPC restrictions, the addition will trigger a review of the total nitrogen load for the property to be calculated using the BOH Nitrogen Loading Regulation (maximum nitrogen load of 5 ppm allowed per Zoning Bylaw Water Quality Protection District Sect. 179- 53 through 62). Although the existing septic system is sized for 3 bedrooms, the nitrogen loading restrictions of 5 ppm will need to be confirmed to increase the total number of bedrooms beyond the existing 2 bedrooms. A Building Waiver Application, in addition to a full set of Nitrogen Loading calculations for the existing conditions and the proposed renovations, will be required for a full review by the Health Department prior to approval. Building Dept. Comments received from Davis Walters  More detailed floor plan of existing first floor would be informative Fire Dept. Comments received from Chief Moran  The FD would be required to review the building plans for these applications when submitted to the building department for compliance with current smoke, heat, and carbon monoxide detector locations. Historical District Commission Comments received from Jessica Gelatt Not in the HDC therefore there are no comments regarding this application Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 129/7/0 James M. Gallagher, MAA Deputy Assessor