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Home My Public Portal AboutZBA Meeting Packet 04/12/22Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only April 12, 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 Arthur Stewart Vice Chair Jeff Carter Patricia Eggers Jeannie Kampas Bruce MacGregor Senior 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: #21-23 Applicant: Sean and Ellen Darcy, (Represented by Attorney David M. Banash) 61 Consodine Road, Map 66, Lot 5 in the RM zoning district. The applicants seek an Appeal of the Building Commissioner’s determination in accordance with MGL Chapter 40A, Section 8 and 14, that a shed on the property transverses the property line. #22-04 Applicant: Sean and Ellen Darcy, (represented by Attorney David M. Banash), 61 Consodine Road, Map 66, Lot 5 in the RM zoning district. The applicant seeks a special permit pursuant to section 179-25B of the Brewster zoning bylaw or in the alternative for a variance to demolish and remove the storage shed that currently exists on the premises and construct a new storage shed. 6.New Applications: #22-05 Applicant: Nancy and Francis Gorman, Trustees of The Gorman Revocable Trust, (represented by Attorney Marian S. Rose), 160 Crowells Bog Road, Map 61, Lot 24 in the RR zoning district. The applicant seeks a special permit pursuant to section 179-25B of the Brewster zoning bylaw to expand the footprint of a single-family dwelling by enclosing prat of the pre-existing non-conforming deck and expanding addition further into the side setback as well as adding a conforming connector between the dwelling and the garage. 7.Matters Not Reasonable Anticipated by the Chair 8.Next Meeting: May 10, 2022 9.Adjournment Date Posted:Date Revised:Received by Town Clerk: 3/10/2022 3/10/2022 Page 1 of 3 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, March 8th, 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: Attorney David Banash, Sean Darcy, Attorney John Kanaga, Attorney Andrew Singer, Joshua Schiff, Gary Thurlander 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 February 8th 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 February 8th meeting minutes, Art second the motion, a vote was taken, and the minutes were unanimously approved. Continued Applications: Application Review of #21-23 Applicant: Sean and Ellen Darcy, (Represented by Attorney David M. Banash), 61 Consodine Road. Members present and voting: Art Stewart, Pat Eggers, Bruce MacGregor, Jeanne Kampas and Brian Harrison. (ZBA case #21-23 will be heard with ZBA case #22-04 below) New Applications: ZBA case #22-04 Applicant: Sean and Ellen Darcy, (Represented by Attorney David M. Banash), 61 Consodine Road. Members present and voting: Art Stewart, Pat Eggers, Bruce MacGregor, Jeanne Kampas and Brian Harrison. Brian turned the meeting over to Attorney David Banash, representing the applicant. Attorney Banash asked the Board if they wanted to combine ZBA case # 21-23 into ZBA case #22-04 requesting a special permit or variance or if they should be heard separately. The Board agreed to hear both cases together. Attorney Banash informed the Board that he rolled over the findings from ZBA case #21-23 as supporting documentation for ZBA case #22- 04. The Chair asked Attorney Banash if he was opposed to the Board hearing ZBA case #22-03 first. Attorney Banash responded that he had no objection. The Board returned to hearing ZBA case # 21-23 and #22-04, Brian turned the meeting over to Attorney David Banash. Attorney Banash summarized both cases informing the Board the applicant has come to an agreement with the abutters, the Ladds. He referred to the proposed findings from ZBA case #21-23 which acts as supporting documentation for ZBA case #22-04 and the request for a special permit or variance. He also indicated that the essence of the agreement is set out in the proposed findings that have been submitted. Attorney Banash indicated that the information provided proved that the shed had been on that location for over 10 years. He brought the attention of the Board to a letter written by the prior owner of the property stating the existence of the shed in its current location was more than 22 years. He indicated with the supporting documentation they have met the statute of limitation, also that the Town has failed to provide notice recorded with the Registry of Deeds as to any issues in regard to the property. He referred to the records submitted from the Registry of Deeds in the meeting packet, along with two affidavits and believes the statute of limitation has been satisfied. Attorney Banash informed the Board the applicant has come to an agreement with the abutting neighbors, the Ladds to move the shed 2ft. south of the current location and therefore no longer encroaching on the neighbor’s property. Due to the complexity of moving the shed, hiring available contractors and structural conditions, the applicant proposes a two-phased approach. Phase 1 will be May 2022, moving the section of the shed that is encroaching on the neighbor’s property and supporting the shed Page 2 of 3 with new posts in the interior of the shed, which will resolve the current issue. Phase 2 would be demolishing the current shed and replacing it with a new shed on the location once it is moved. This would be scheduled sometime in the spring of 2023 due to the availability of contractors and materials. He referred to the drawing of the proposed shed which is a vast improvement from the current shed. Attorney Banash addressed the Department comments that were included in the meeting packet, from both the Health department and Building department. He informed the Board the new shed will be an improvement and not detrimental to the neighborhood, as well as satisfying the abutters compliant. Brian informed Attorney Banash that a letter was received late from the abutting neighbors. Attorney Kanaga representing the abutting neighbors was asked to speak on behalf of the letter. Attorney Kanga informed the Board his clients’ main concern is the shed over the property line. He stated that the special permit will alleviate this concern with the two-phased approach. When asked by the Chair Brian Harrison, Attorney Kanaga confirmed his clients were comfortable with the proposal. Attorney Kanaga asked the Board in making their findings for the special permit, would they find the special permit could be ruled on because the shed met the statute of limitation, which would render ZBA case #21-23 moot. Brian stated if the Board does not rule on the statute of limitation, a variance would have to be considered. Brian moved to ZBA case #22-04 asking the Board if they had any questions. Jeannie asked the size of the existing shed. Attorney Banash informed the Board the existing shed was 11x18ft. and the new shed would be approximately the same dimensions. He referred to exhibit A of the meeting materials. Mr. Darcy, the applicant provided the dimensions to be 11.4x18.5ft. and the height 11.5ft. Brian asked how that compared to the current shed and Mr. Darcy indicated the existing shed is 3ft. shorter but the existing shed is not to code. The Board discussed the dimensions of the existing shed versus the proposed shed. Pat asked if the abutting neighbors agreed with the dimensions. Bruce expressed concern with the height of the new shed. Brian asked Jeff his professional opinion as a building inspector if there was any minimal height for a utility building. Jeff indicated that it is non habitable space, and he is not aware of any building code on height, Brian agreed. Jeannie asked if the picture of the shed that is included in the meeting materials is a standard shed, Mr. Darcy confirmed it was a standard shed. The Board agreed that the proposed shed should be the same dimensions as the existing shed but to code. Mr. Darcy indicated it will be the same square footage, and the same style as the house which is esthetically pleasing to the area. Bruce questioned the letter from the abutters that stated no significant increase in ridge height. The Board discussed the dimensions of the proposed shed and discussed the definition of the Brewster bylaw. After much discussion, it was decided the shed will be 11x18ft. with a 12ft. height measured as defined in the Brewster bylaw. Brian suggested the Building Commissioner will have to confirm the dimensions of the existing shed footprint. Brian asked the Board how they want to proceed. It was decided that the new footprint must be 11x18ft., not exceed 12ft. in height and must be 2ft. from the lot line. Attorney Banash reached out to the applicant while a motion was made by Pat to open up to public input, Bruce second the motion a vote was taken, and the Board unanimously voted to open to public input. Attorney Kanaga confirmed his clients agreed to the dimensions of the proposed shed. There being no public input Pat made a motion to close to public input, Bruce second the motion, it was voted unanimously by the Board to close to public input. Attorney Banash informed the Board his client spoke with his contractor and the height will exceed 12ft. due to required footings. He is asking for a continuance until the April 12th meeting in order to have some time to meet with the contractor and determine how to reduce the height of the shed. The Building Commissioner will also measure the existing shed prior to the April 12th meeting. Brian Harrison made a motion to continue until the April 12th meeting, Pat second the motion, a vote was taken, and the Board unanimously voted to continue ZBA case #21-23 and ZBA case #22-04, until the April 12th meeting. ZBA case #22-03 Applicant: Joshua Schiff, (Represented by Attorney Andrew Singer) 3038 Main Street. Members present and voting: Brian Harrison, Art Stewart, Pat Eggers, Jeannie Kampas and Jeff Carter. Brian turned the meeting over to Attorney Andrew Singer, representing the applicants, informed the Board the applicant is requesting a special event permit with no changes from the previous year, including the conditions. He indicated the previous year was very successful and the neighbors were pleased with the outcome with no complaints. He referred to the letter that was included in the meeting materials from the owner of 108 Milestone Road stating their support of CBI Farm and the events. Attorney Singer addressed the Department Page 3 of 3 comments that were submitted in the meeting materials, although some of the comments were not directly applicable to the special event permit application. He informed the Board that the applicant continues to work closely with the Health Department to comply with all rules and regulations. His applicant has also been working with the Building Department in regard to the cooler concern the Building Commissioner raised. The cooler is for the produce that is raised on the farm and unrelated to the special event permit application. He also confirmed that the circulation around the property will not be blocked which was raised by the Brewster Fire Department. Art asked how many events were held in 2021. Josh Schiff the applicant informed the Board 4-5 events were canceled last year due to the weather. Pat questioned the caterer’s license that was raised by the Health Department. Josh Schiff confirmed they do have a caterer’s license for the events. Gary Thurlander, general manager of Chatham Bars Inn confirmed the caterer’s license and a beverage license for each event was obtained. There being no additional questions from the Board, Pat made a motion to open to public input, Art second the motion, a vote was taken, and the Board voted unanimously to open to public input. Fran Schofield an abutting neighbor who expressed concerns last year spoke in favor of the CBI Farms events. She informed the Board the applicant went out of his way to deliver everything that was promised last year. Ben Deruyter, 315 Cranview Road spoke in support of Josh Schiff and CBI Farm. There being no additional public input, Pat made a motion to close to public input, Art second the motion, a vote was taken, and the Board unanimously voted to close to public input. The Board expressed support for CBI Farm, Pat made a motion to approve the special event permit for 36 events to be held at the Farm for the 2022 season, Art second the motion, a vote was taken, and the Board unanimously voted to approve ZBA case #22-03. Attorney Singer will draft the decision. Matters Not Reasonably Anticipated by the Chair: None The next meeting of the Brewster Zoning Board of Appeals is scheduled for April 12th, 2022. Pat made a motion to adjourn the meeting, Jeannie second the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. Meeting adjourned at 8:10 pm. #21-23 Applicant: Sean and Ellen Darcy (Represented by Attorney David M. Banash) 61 Consodine Road #22-04 Applicant: Sean and Ellen Darcy (Represented by Attorney David M. Banash) 61 Consodine Road TOWN OF BREWSTER OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT HISTORIC DISTRICT COMMITTEE 2198 MAIN STREET 8REWSTER MA 02631 PHONE: (508) 896-3701 EXT 1125 EMAIL: H DCM EETING@BREWSTER-MA,GOV CERTIFICATION OF APPROPRIATENESS PLEASE READ REVERSE SIDE. FOR REQUIREMENTS NOTE: ALL. FEES DOUBLED IF WORK I5 STARTED BEFORE OBTAINING APPROVAL Address of Proposed Work61 CONSODINE ROAD Owner NameSEAN DARCY and ELLEN DARCY Owner Mailing Address 18 WARWICK ROAD, WEST NEWTON, MA 02465 Owner Email seandarcy4@gmail.com Contractor Name John LoRusso Company Name MLR, Ent. LLL Contractor Address 109 School Street, Watertown, MA 02472 Contractor EmailjmlrentlIcpermits@gmall.com Please check the categories that apply: Exterior Building Construction ❑ New Building ❑ Addition ❑ Alteration Building Type ❑ House ❑ Garage ❑ Commercial ❑ Other Briefly describe proposed work (and complete attached specification sheet): DEMOLITION AND DISPOSAL OF STORAGE SHED ;CONSTRUCTION OF NEW STORAGE SHED APPROXIMATELY 11' X 18' SIMILAR TO THE PICTURE AND SPECIFICATIONS ATTAnHEn Contractor Phone617-817-8710 Exterior Building ❑ Paint ❑ Solar Panels This Cer ''ficate is h Structure ❑ Fence ❑ Wall 52 Shed ❑ Other Applicant S na re Date Demo pecm\ -44 b- Z2- 5e 11Page ,ovt.EW$ 0. 4c o Q(,t F 0E1pn ' ‘61-' s F REWST ER OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT HISTORIC DISTRICT COMMITTEE 2198 MAIN STREET BREWSTER MA 02631 PHONE: (508) 896-8709 EXT 1125 EMAIL: H DCMEETING@BREW STER-MA.GOV ADDRESS:61 CONSODINE RD, BREWSTER, MA 02631 SPECIFICATION SHEET PLEASE COMPLETE ONLY THOSE PORTIONS WHICH APPLY TO YOUR APPLICATION Foundation TypeConcrete Footing Amount Visible 18" (NOT TO EXCEED BETWEEN 12" OR 18") Siding Type P Clapboard Amount Visible4 Walls -- _ Exposure4 Walls Color B r b(x,,,a Material cedar Trim ALL WINDOWS & DOORS TO BE TRIMMED WITH ❑ 1x4 ® 1X5 Brown Material Cedar — Size of Corner Boards_! _ _____ Color_..__ --- --- Rakes _._ 1st Member _ -- 2nd Member___ —_—� Depth of Overhang" 6-8" Windows -MUST PROVIDE SPEC SHEET Vinyl Manufacturer ANDERSON /Other J_—� Type . Grilles or True Divide_ Size 4 — Color_ _ Skylights Type N/A Size Roof TypeAsphalt— Manufacturer Color Pitch 1012 — _ Color Brown (7 PITCH MINIMUM) Height to Ridge 1 2 '7" Style A Roof _ - Fencing- ALL STOCKADE TYPE FENCING MUST HAVE "GOOD"SIDE FACING OUT Color� Type N/A Chimney Type N/A Deck Height Size Color____ Material Material -- Manufacturer__ Railing .Color_— - Shutters Color -- Material____ Garage Doors- MUST PROVIDE SPEC SHEET Size of Opening 6 Ft X —7Ft ManufacturerBuild,on site r____ Material Color________._ Material____—_ Material Pine/ Fir Gutters Type N/A Color Brown Color__ Style Beaded 2!Page fiteVVSr~ OQ O` .00tj �9 $ y ! i TOWN OF BREWSTER OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT HISTORIC DISTRICT COMMITTEE 2198 MAIN STREET "`:"ea.cd BREWSTER MA 02631 era .r Storm Windows & Door- MUST PROVIDE SPEC SHEET Type_ N/A —_ Color_! Entry Door (Front & Side),- MUST PROVIDE SPEC SHEET Beaded Type_ Color_grown Attic/Roof Vent Type (Gable Louver, Ridge Vent, etc.)N/A_____ Landscaping Plans Please describe any Landscaping Plans _ Driveway Type Type of Steps N/A Stone Exterior Fuel Tank Screening N/A Other PHONE: (508) 895-8701 EXT 1125 EMAIL: HDCMEETING@BREWSTER-MA.GOV Material_.______ -- Material_ Pine/Fir IMPORTANT ALL FEES DOUBLED IS WORK 1S STARTED BEFORE APPROVAL. IF CERTIFICATE I5 APPROVED, APPROVAL IS SUBJECT TO THE 10 DAY APPEAL PERIOD PROVIDED IN THE ACT. This Certificate expires one year or upon the date of expiration of any Building Permit Issued, whichever expiration date shall be later. You must file an extension before the expiration date. **The Homeowner, Agent or Contractor must attend the hearing, failure to do so may result in denial of the application* Wage Archive d: Thursday, April 7, 2022 12:49:02 PM From: Ellen Murphy To: Davis Walters Subje ct: RE: Brewster ZBA Case 21-23 Se ns itivity: Normal Hi Davis, Ye s I be li e ve that i s what was discussed. Thank you so much for getti ng back to me . Al l the be st, Ell e n Ellen Murphy Administrative Assistant Zoning Board of Appeals 508 -896-3701 x 1168 Beginning March 21, Brewster Town Of fices will be open to the public Monday through Thursday from 8:30am to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov From: Davis Walte rs <dwalte rs@bre wster-ma.gov> Sent: Thursday, Apri l 7, 2022 12:42 PM To: El l e n Murphy <emurphy@bre wster-ma.gov> Subject: RE: Bre wste r ZBA Case 21-23 Ell e n – Again, the me asure me nts I took on si te at 61 Considi ne for the she d were : Le ngth 19’-0” Wi dth 10’-6” Hei ght 11’-0” From memory, I be l i e ve the appli cant i s proposi ng a re pl aceme nt shed that me asure s: Le ngth 18’-0” Wi dth 11’-0” (not i ncludi ng any gutters, e tc.) Hei ght 12’-0” (unsure whethe r thi s i ncl ude s any support bl ocks or footings above grade ) Pl e ase corre ct me i f I am re membe ri ng any of thi s i ncorrectl y. My unoffi ci al opinion (assumi ng my measureme nts are corre ct), i s that the propose d re place me nt i s obvi ousl y simil ar to the e x isting shed i n overall di mensi ons and coul d be consi de re d an appropri ate and acceptable repl aceme nt. It is al so my opinion that i t wi ll be safe r and wi l l be abl e to be tte r accommodate drai nage devi ces such as gutters and downspouts to re duce and be tter control runoff. F. Davis W alters (h i m /h e ) Building Commissioner Town of Brewster 2198 Main Street Bre wster, MA 02631 (508) 896-3701 ext. 1125 Beginning July 6t h, Brewster T own Offices will be open to the public T uesday, Wednesday, and T hursday from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but can be purchased online or through our mail-in program. For the latest updates on T own serv ices, please v isit www.brewster-ma.gov The Commonwealt h of Massachuset t s Secretary of Stat e has det ermined t hat e-mail is a public record From: Ell e n Murphy <emurphy@bre wster-ma.gov> Sent: Thursday, Apri l 7, 2022 10:33 AM To: Davi s Walte rs <dwalte rs@bre wster-ma.gov> Subject: RE: Bre wste r ZBA Case 21-23 Good Morni ng Davi s, Base d on our di scussion on Tue sday can you pl e ase confi rm the me asure ments be l ow of the exi sti ng she d and af ter re view of the proposed she d the measure ments are comparabl e ? Thank you for your ti me, Ell e n Ellen Murphy Administrative Assistant Zoning Board of Appeals 508 -896-3701 x 1168 Beginning March 21, Brewster Town Of fices will be open to the public Monday through Thursday from 8:30am to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov From: Davis Walte rs <dwalte rs@bre wster-ma.gov> Sent: Monday, March 28, 2022 9:12 AM To: El l e n Murphy <emurphy@bre wster-ma.gov>; Se an Darcy <seandarcy4@gmai l .com> Cc: Davi d Banash <d.banash1@ve ri zon.ne t>; Je ssi ca Ge l att <jgel att@brewste r-ma.gov>; Eri ka Gli dde n <e gli dde n@brewste r- ma.gov> Subject: RE: Bre wste r ZBA Case 21-23 I went out a we e k ago today and me asure d the shed at 61 Consodi ne . The se are the dime nsi ons I re corded: Le ngth: 19’-0” Wi dth: 10’-6” Hei ght: 11’-0” I did pass thi s informati on on to the OKH HDC clerk, Jessica Ge l att for l ast we e k’s heari ng. Re gards, F. Davis W alters (h i m /h e ) Building Commissioner Town of Brewster 2198 Main Street Bre wster, MA 02631 (508) 896-3701 ext. 1125 Beginning July 6t h, Brewster T own Offices will be open to the public T uesday, Wednesday, and T hursday from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but can be purchased online or through our mail-in program. For the latest updates on T own serv ices, please v isit www.brewster-ma.gov The Commonwealt h of Massachuset t s Secretary of Stat e has det ermined t hat e-mail is a public record From: Ell e n Murphy <emurphy@bre wster-ma.gov> Sent: Monday, March 28, 2022 8:31 AM To: Se an Darcy <seandarcy4@gmail .com> Cc: Davi d Banash <d.banash1@ve ri zon.ne t>; Davi s Wal ters <dwal ters@bre wste r-ma.gov> Subject: RE: Bre wste r ZBA Case 21-23 Good Morni ng Mr. Darcy, Pl e ase reach out to Davi s Wal ters the Bui l di ng Commissioner re gardi ng me asuring the shed. He can be re ache d at 508-896- 3701 e x t. 1162 di rectl y. Al l the be st, Ell e n Murphy Ellen Murphy Administrative Assistant Zoning Board of Appeals 508 -896-3701 x 1168 Beginning March 21, Brewster Town Of fices will be open to the public Monday through Thursday from 8:30am to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov From: Se an Darcy <seandarcy4@gmai l .com> Sent: Friday, March 25, 2022 3:32 PM To: El l e n Murphy <emurphy@bre wster-ma.gov> Cc: Davi d Banash <d.banash1@ve ri zon.ne t> Subject: Brewste r ZBA Case 21-23 Dear Ms. Murphy, I am wri ting to you wi th refe re nce to ZBA Case 21-23 fol l owi ng the l ast ZBA meeting. The re was di scussion surroundi ng the pote nti al to have someone from the buil ding de partment me asure "the she d." I wi l l be away and am returni ng the we e k of April 4th i f the bui l di ng i nspe ctor woul d l i ke to vi si t. Please l e t me know what I can do f rom my e nd to sati sfy any acti on ite ms. Thank you, Se an Darcy 61 Consodine Rd, Bre wster, MA 02631 #22-05 Applicant: Nancy and Francis Gorman, Trustees of The Gorman Revocable Trust (Represented by Attorney Marian S. Rose, Esq.) 160 Crowells Bog Road cv'�ky DERr`��l / 1 0r 'iii l9j` .� //////1////11t11lIIIllllllt111\1\\\0\ 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 # c2a - 0 5 APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) NAME OF APPLICANT Nancy and Francis Gorman, Trustees of The Gorman Revocable Trust REPRESENTATIVE Marian S. Rose, Esq. PHONE NUMBER 508-398-2221 MAILING ADDRESS Law Office of Singer & Singer, LLC — P.O. Box 67, 26 Upper County Rd. Dennisport, MA 02639 PROPERTYADDRESS 160 Crowells Bog Road, Brewster CURRENT PROPERTY OWNER(S) The Gorman Revocable Trust REGISTRY OF DEEDS TITLE REFERENCE BOOK 30520 PAGE 92 OR CERT. OF TITLE # LAND COURT # PLAN # Plan Book 447, Page 45 (lot 1) TOWN MAP # 61 LOT # 24 ZONING DISTRICT RR YEAR BUILT 1988 STATEMENT OF PROJECT Expand footprint of single-family dwelling by enclosing part of the preexisting nonconforming deck and expanding addition further into the side setback as well as adding a conforming connector between the dwelling and the garage. SIGNATURE 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 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 Primary structure STREET ADDRESS 160 Crowells Boq Road YEAR BUILT 1988 MAP # 61 LOT # 24 ZONING DISTRICT RR List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED Side 21.31 25 FRONTAGE: EXISTING 263 ` +/- REQUIRED 200 LOT SIZE: 34,859 square feet/.80 acres 15.8 LOT COVERAGE EXISTING % 5.190 PROPOSED % 7.190 ALLOWED % 15 SIZE OF PARCEL 34,859 sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE 1,227 sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES 501 sq, ft. BUILDING HEIGHT: EXISTING 23.51 PROPOSED 23.81 SPECIAL PERMITS: ❑ 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. Relief is sought under section 1790-25B to extend a pre-existing nonconforming structure by enclosing a portion of a Pre-existing nonconforming deck as to side setback and further enlarging the addition into the side setback. 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 $300 Filing Fee (made payable by check) Photographs are recommended. Please also provide one (11 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 1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _____________ www.singer-law.com Myer R. Singer (1938-2020) Brewster Board of Appeals Case File # 22-05 SUMMARY OF REASONING Nancy and Francis Gorman [collectively “Applicants”] own the property at 160 Crowells Bog Road in Brewster [“Property”]. The Property, which is located in the R-R Zoning District, is pre-existing nonconforming as to lot size, frontage, lot width and rear setback and conforming as to front and side setbacks. The Property is improved with a single-family dwelling with a rear facing deck and a detached garage. It is located on Long Pond and is a corner lot on Johnson Cartway. The existing single-family dwelling is located outside of the 100-foot wetland buffer and well outside of the 50-foot edge of pond buffer. The lot’s shape is such that part of the rear deck is within a rear setback and part is well over 100 feet from the rear (Long Pond) property line. The proposed work involves two modest additions; a conforming addition which would connect the detached garage to the existing home, and the second, which would partially enclose the area covered by the existing rear deck and expand the area enclosed roughly 6 feet towards the closer of the two rear lot lines. The remaining deck area would be expanded but remain conforming as to setbacks. The proposed (expanded) structure would remain conforming as to coverage (7.1 % proposed, 5.1 % existing where 15% maximum allowed) and as to all setbacks 2 except part of the proposed structure’s rear setback, as mentioned (15.8 feet proposed, 21.3 feet existing and 25 feet required). The Applicants request a special permit in accordance with Section 179.25B of the Brewster Zoning By-Laws in order to construct an addition which would partially enclose and expand a pre-existing nonconforming deck. The lot is pre-existing nonconforming as to size (100,000 sq.feet required, 34,859 sq. feet existing), frontage (200 feet required, 127 +/- feet (Crowells Bog) (135 +/- feet Johnsons Cartway); width (160 feet required, 129 +/- existing) and rear setback (25 feet required, 21.3 feet existing and 15.8 feet proposed) at its closest point. Under Brewster Zoning By-Law Section 179-25B and Massachusetts GL section 6 , a special permit may be granted for the extension or alteration of a pre-existing nonconforming structure or use if the Board of Appeals finds that such a change, extension or alteration to a structure or use will not be substantially more detrimental to the neighborhood than the existing nonconforming structure or use. Here, the Applicants respectfully submit that the proposal will not be substantially more detrimental to the neighborhood than the existing nonconforming conditions because: 1. The conforming single-family use will remain unchanged; 2. The proposed enclosed deck addition and connecting corridor will conform to all front and side setback requirements. The rear addition will expand into the rear setback by less than six feet is in an area highly screened from other properties by means of the adjacent densely forested 100-foot wetland buffer and slope. While the expansion is increasing the extent of a nonconformity, it is not creating a new nonconformity. Further, the Applicant’s Property’s lot shape, particularly the 3 extended area fronting Long Pond provides additional screening from neighbors of the expansion and lessens any potential impact; 3. Building height for the existing dwelling will remain unchanged and conforming; 4. Building coverage (1,778 sq. feet (5.1%) existing; 2,464 sq. feet (7.1%) proposed) will remain conforming (15% maximum allowed). The expansion is modest 686 square feet, the overwhelming majority of which is conforming as to setbacks. The increase in nonconforming as to setback square footage is quite small, 83 sq. feet. (32 sq. feet of pre-existing nonconforming square footage and 115 sq. feet proposed pre-existing nonconforming square footage.); 5. The proposal has been reviewed by the Brewster Conservation Commission which found that the work is outside of the protected buffer areas. All work will be performed so that any effect on areas within the wetland buffers during construction will be minimized; 6. There is adequate off-street parking for the continued residential use of the Property, and there will be no decrease in traffic safety; 8. The connector, deck, and addition will be in keeping with and compatible with the character of the neighborhood. The Property is wooded and is well-screened; 9. No negative impact on water supply or drainage are anticipated; 10. The Board of Health has noted that the Property is serviced by an existing 1987 Title V compliant septic system and has requested that the Applicant secure a well water test and provide a current Title V Inspection Report for Board of Health review prior to construction. The Applicants are in the process of securing the requested materials and will comply with Board of Health requirements; and 4 11. The proposal will not adversely affect the public health, safety, convenience or general welfare of the Town. It is respectfully submitted that there will be no detrimental impact, substantially or otherwise, to the neighborhood. For all of the above reasons, the Applicants respectfully request that the Board make a finding that the proposal will not be substantially more detrimental to the neighborhood and grant a Special Permit to allow the proposal to be completed as shown on the plans. SITE PLA N Zon e .RR Minimum Building Setbacks Front 40' .Sid e/Rear 25' / / / / // 0+ Public Ease ment Area A rea = 34 ,859 C OVERACE CALCULAT IONS E.zi sting Dwelling - 1,277 Garage - 501 S F..f 0 Total = 1,778 (5. 1X) Proposed Dwelling = 1,9 63 S.F.. z‘ Shed 501 S.F :t- Total = 2464 S:F.f (71X) HEIGHT CALCULATIONS Existing.- .Dwelling Ridge Elevation — 877' Average Grade -- 64.2 Dwelling He ight — 23.5' Pro posed . Dwelling Ridge .Elevation = 8 7.7' Average Or acle = 63..9 Dwelli ., ei iht = 23.8' EXISTING SEPTIC SYSTEM LOCATION -50 6 PROPOSED 7;7, $' • ADDITION/DECK EXISTING DECK TO BE REMOVED I certify . t the dwelling s hown her eo n is locate d as it ex ists on the ground. Date ; z.� or 1 34, 859 S.F. 0. 80 Ae. f 1L Pre pared An . Frank fic Nancy Cor.riza n s t90 EXISTING GARAGE RIDGE EL.=78 .54 SLAB EL. -62 .75 PROPOSED CONNECTOR & COVERED ENTRANCE 0 Lo catio n: 160 Cro we lls Bog Road, Brewste r, A(A Ryder & H'ilcox, Inc. , P. E, & P. L. S. 3 Cid diah Hill Rd. Sc ale.- 1" = 3 0' P.O. Box 43,9 .D rawn by RA H So. Orleans, IM ,02662 Bate — January 25, 2022 Tel. (508) 255 -8312 Re v — March 21, 2022 (co rrected address, Fax (508) 2 40-23 0.6 Rev — h(arc h 2 3, 2 022 (add. buff ers) 0 b uffers) 0 Per _LOCATION A 'L4P Not to Scal e ASSUMED D ATUM Referenc e.. .4ssr's . Map C2 P ol. 21 Pl. Bk . 447 Pg . 45, Lot FEATURES TO BE REMOVED 660. � 100' FROM EDGE OF P OND 1ti t Pl. Bk. 447, Pg. 45 Job No: 12213 Edo of Pavement Parcels NHSEP Estimated Habitat NHESP Pdmory Habitat Tow n Boundary MA Highways .ex interstate =US Hphweyy Numborod HO UtOS Abutting T owns Bo v0-6ft 'T 551011 r 10-15ft =i'rv' 15-20 ft ®20-30 ft Mg 30-40 ft ®40-5011 50-50 ft Streets MapsOnline by PeopleGIS 150 300 ft Printed on 01/28/2022 at 10:56 AM DECK DECK DINING LIVING KITCHEN EXISTING FIRST FLOOR PLAN SCALE q" = 1'-O' CONTRACTOR TO VERIFY ALL DIMENSIONS/CONDITIONS IN FIELD PRIOR TO CONSTRUCTION r BEDROOM Ry Wilcox SURVEYING ENGINEERING HOME PLANNING & DESIGN anDBBWIMI 3 °COMA FRI. ROAD R0. BOX 439 50. DREAMS, MASSACHUSETTS 02802 TEL: 60&255.8312 FAX: 608.240.2308 .)4r-vicocwn EXISTING CONDffIONS FOR: FRAN 4 NANCY GORMAN IN: BREWSTER, MA. ON: I GO CROWELLS BOG ROAD All MATERrALS MP ,.ZTUODS OF CO STRJCIIO J SHALL COh`OR•.-%`:.:.s nP•.e=. TO DIE MA55ACTID5fR55TATE DUILD.i.G CODfJb5e:CE Or SPOFc Re.G FROM PRAWD:G5 DOES NOT RLL' VE N PARTY A I OF 2 FROM CODE REOUPLMF115. [SAN vn BAM cArt, 1/4122 FAMILY ROOM PROPOSED FIRST FLOOR PLAN SCALE y' = 11-O' 354 S.F. PROPOSED FAMILYROOM 261 5.F. PROPOSED MUDKOOM CONTRACTOR TO VERIFY ALL DIMENSIONS/CONDITIONS IN FIELD PRIOR TO CONSTRUCTION Read SURVEYING ENGINEERING HOME PLANNING & DESIGN 3 QOOLW 1111. ROAD P.O. BOX 139 50. ORLEANS. MASSAQUSETTS 02002 TEL' 608.255.8312 FAX 509.240.2306 f)JR-NWsttm PROPOSED ADD RIONS/REROVAION FOR: FRAN * NANCY GORMAN M BREWSTER, MA. = I a 12/28/21 2/ 8/21 ON: 1 GO CROWELLS BOG ROAD �• i1L 1.'ATERAL5 AV0l. :ERVDS OF CQ5TRUCOOJ 5 -HALL TO THE L<A55MIUSEir5 STATE MILD CODBAU5&:CE OF A 2 OF 5 5PEGFlC FROM FROO.AWJG5 POE5 NOT RELIEVE Ai! PARiT FRO!.1 CODE P.EOUIROVFNT5. Amc OPEN TO BELOW BEDROOM DECK OPEN TO BELOW 0 ATTIC EXISTING SECOND FLOOR PLAN SCALE a = I 1-0' CONTRACTOR TO VERIFY ALL DIMENSIONS/CONDITIONS IN FIELD PRIOR TO CONSTRUCTION Ryder SURVEYING ENGINEERING H01AE PLANNING k DESIGN 3 QDOVN HIL ROM P.O. BOX 439 50. OREANS. W55ACHUS£T15 02002 TU: 505255.0312 FM 500.240.2300 r)4rNwr.cvn EXISTING COWD ONS FOR: FRAN * NANCY GORMAN IN: rx- BREWSTER, MA. *. =1'-a ON: I GO CROWELLS BOG ROAD NI MATER!NS AND M£RpOS Of CORD-TM/ODOR SHAD. CO'.FOR`. DDR.',off TO THE I.'N`5PCHUSETT55TATE BUILORG CODERD5£I.`C£ OF A 2 OF 2 WCORC RDAS FROM DRAMNG5 DOU NOT RLLEVE ANY PARR( FROM CODE P£OU:KLVOIIS. Nine,: DAM p.,E 1/4/22 UV/ ROOF DECK DOkV R BEDROOM CIO OPEN TO BELOW OPEN TO BElCAV PROPOSED SECOND FLOOR PLAN SCALE -y = ILO° 0 DECK BEDROOM ATTIC Ryderilcox SVRVEIING ENGINEERING HOME PUNNING & DESIGN PROPOSED ADDRIO�W'RENOVATION FOR: FRANCIS * NANCY GORMAN IN: BREWSTER, MA. ON; I GO CROWELLS BOG ROAD rnr 12/28/21 3 G001AN NLL ROAD P.O. BOX 439 50. MEANS, BASSAN36ERS 02062 TEL' 608.265.6312 FAX: 606240.2306 r36.r-.Tcox.can All l.!ATER'ALS MID l.tlTiVD5 Of 00551011CTON 5541 CO`.fOi`. vaa.,.:15'.c-z=. 10 THE wAssAcnVSErrs STATE &KILDI:G CPJxf35E1:CE OE A3 OF5 51t0 KC 110'5 MOM P AWJ(G5 OOE5 NOT PR P.tt iEVE All PA fRO.I COOS emU:PJ.'f1us. A \ 011 1 { Ryder,, FRANCIS * NANCY GORMAN &WCOX PROPOSED ADD/DOH/RENOVATION FOR: s-... E.4N r. NAM BREWSTER., MA. = I'-0' T..E I 2/ 25/ 2/ SURVEV1NG ENGINEERING HOME PLANNING & DESIGN I GO GROWELLS BOG ROAD �a• 3 DODUR R41 ROAD P.O. ROX 439 SO. FatFANS. MASSACHUSETTS 02662 RL 506255.6312 FAX: 50&240.2306 fy.1V-92.404Cpn ALL I.•A2U2XSA"0 METHCO5 OF CO:LSTKUCTIO4 SMALL CO`:FO2J.:FOR s.R.om: TO IOC MA55AOIUSLUS SAT¢ ROOD::G COOLA5SEIICF OF A 6JF5 SFEC100 ITEMS FROM %PA'A NG5 D055 I:OT Rf UEVF AV( PARTY FROM COC2f RFOUP£MOITS. ti • 3 i f� �, ,, Application#22-05 www.brewster-ma.gov Page 1 of 1 4/4/2022 DEPARTMENT REVIEWS Application #22-05 APPLICANT/OWNER: Nancy & Francis Gorman, Trustees of the Gorman Revocable Trust REPRESENTATIVE: Marian S. Rose, Esq. MAP/LOT: Map 61, Lot 24 PROPERTY ADDRESS: 160 Crowells Bog Road Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator  It appears that all of the proposed activities are outside of the Commission’s jurisdiction, so Conservation has no comments Police Dept. Comments received from Lt. Charles Mawn The police department has no issues with this application Health Dept. Comments received from Sherrie McCullough The Health Department file indicates an existing 1987 Title 5 compliant septic system with a maximum four-bedroom capacity servicing an existing three-bedroom dwelling. The dwelling lies outside the Zone II and the DCPC however, the property is serviced by a private well. The proposed work will not impede Title 5 setback requirements to existing septic components. Full review of the proposal will be required by the Health Department prior to approval. The well water will be to be tested and a current Title 5 Septic Inspection Report will need to be submitted. Building Dept. Comments received from Davis Walters The Brewster Building Dept. currently has 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 61/24/0 797e11 - James M. Gallagher, MAA Deputy Assessor