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HomeMy Public PortalAboutZBA Meeting Packet 03/08/22 Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only March 8, 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. 6. New Applications: #22-03 Applicant: Joshua Schiff, 3038 Main Street, Map 101, Lot 26, in the RM zoning district. The applicant seeks a Special Permit for a Special Event Venue use under Brewster Zoning Bylaw, Article 20, Section 5, Table of use #16. The Chatham Bars Inn Farm is requesting 36 event permits to be held at the Farm for the 2022 season. #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. 7. Matters Not Reasonable Anticipated by the Chair 8. Next Meeting: April 12, 2022 9. Adjournment Date Posted: Date Revised: Received by Town Clerk: 2/10/2022 Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, February 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. Bruce MacGregor was absent. A quorum was determined. Also present: Applicants: Attorney David Banash, Sean Darcy, Attorney John Kanaga, Attorney James Norcross, Jon and Ellen Gezotis, Amy Chesnut 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 January 11th meeting minutes Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by Art to approve the January 11th meeting minutes, Pat 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 Brian turned the meeting over to Attorney David Banash, representing the applicant. Attorney Banash informed the Board that the applicant has come to an agreement with the abutting neighbors and will be filing an application for a special permit or in the alternative a variance. Attorney Banash indicated he sent an email with a copy of the application to Ellen Murphy before the meeting and apologized for the lateness understanding the Board would not have time to review it. Brian Harrison informed Attorney Banash he has not seen the application. He stated that there are five voting members present, however one member will have to leave by 8:00 pm. Attorney Banash stated as part of the agreement with the abutting neighbors they are seeking the approval of the appeal only for purposes of establishing that it is a prior non- conforming use in order to grant a special permit. He asked the Board how they would like to proceed. He can present the request for special permit, but the request assumes no opposition to the appeal of Building Commissioner’s decision. Brian stated that the applicant would have to meet the statute of limitations in order to be granted a special permit. Attorney Banash indicated that they have submitted an extensive list of findings consistent with the memorandum that was submitted previously. Brian addressed the Board asking if they preferred to discuss the statute of limitations for a special permit or wait and review the request with the application for the special permit. Jeannie Kampas suggested the Board wait until they can address the merits of the application. Pat Eggers stated she was comfortable addressing the statute of limitations prior to reviewing the special permit application if that is a perquisite. Attorney Banash confirmed the statute of limitations is part of the request for special permit. The Board agreed to review the request all together. It was decided by the Board that the request for special permit will be addressed as a new application. Attorney Kanaga representing the abutting neighbors agreed ZBA case # 21-23 and the new application for the special permit should be heard together because if the special permit is granted the findings would render the appeal moot. He expressed a desire for the Board to review at the March meeting and not prolong if possible. Ellen Murphy checked the schedule and although the filing deadline for the March 8th meeting was January 29th the abutter’s notice and the legal notice have not yet been submitted. If it is the pleasure of the Board ZBA case #21-23 and the new application for the special permit could be included for the March 8th meeting. Page 2 of 2 Brian Harrision made a motion to continue until the March 8th meeting, Pat second the motion, a vote was taken, and the Board unanimously voted to continue ZBA case #21-23 until the March 8th meeting. New Applications: #22-01 Applicant: Jon and Ellen Gezotis, (Represented by Attorney James Norcross) 89 Byfield Cartway. Members present and voting: Brian Harrison, Art Stewart, Pat Eggers and Jeff Carter. Brian informed the applicants that the Board currently has a quorum but after 8:00 they will only have 4 voting members. Jeannie Kampas requested to abstain from participating in hearing 22-01, she informed the Board she is representing neighbors for a different matter. Therefore, Brian asked the applicants if they wanted to go forward with only 4 voting members or to continue until the March 8th meeting. Attorney Norcross informed the Board they would like to move forward to hear case #22-01. The Chair, Brian Harrison will poll the Board at 8:00 to get the Board’s thoughts. Brian turned the meeting over to Attorney James Norcross who outlined the request for special permit. He informed the Board that the current dwelling needs a lot of repairs and therefore the applicants are requesting a tear down of the existing structure and a rebuild. The location of the new structure will be slightly different, it will be pulled back from the coastal bank about 5 ft. He indicated the project has been through review by the Conservation Commission and approved with an order of conditions. The structure will remain non-conforming as it will be 5 ft from the east sideline where a 10 ft setback is required, however the structure will meet all other sideline setbacks. The building coverage will increase from 6.4% to 9.9%, which is still below the 25% permitted. Along with the new dwelling a new Title 5 septic system will be installed, which has been reviewed and approved by the Health Department. Attorney Norcross informed the Board the applicants have been communicating with the neighbors and the project is keeping up with the design of the neighborhood. Overall, the Board indicated the application was very thorough. Pat made a motion to open to public input, Art second the motion a vote was taken, and the Board unanimously voted to open to public input. There being no public input a motion was made by Pat to close to public input, Art second the motion, a vote was taken, and the Board unanimously voted to close to public input. The Chair addressed the Board asking if they needed more information prior to a vote. The Board agreed to move forward, and a motion was made by Art to grant the special permit request for ZBA case #22-01, Pat second the motion a vote was taken and the Board unanimously granted special permit ZBA case #22-01. Brian asked Attorney Norcross to draft the decision. #22-02 Applicant: Amy Chesnut, 716 Main Street. Members present and voting: Brian Harrison, Art Stewart, Pat Eggers, Jeannie Kampas and Jeff Carter. Amy Chesnut, the applicant is requesting to add an ADU and modify a special permit. She informed the Board that she is the current owner of Brewster by the Sea Inn, currently approved for 9 guest rooms, she would like to modify the special permit to reduce the number of guest rooms to 6, by creating an ADU for her son and spouse. She indicated that this would allow her son and spouse to live in the community where they work. The Board discussed the number of ADU’s currently allocated and questioned if the number was under the limit of 20. This being the beginning of the year it was not a concern. Brian suggested if approved it would be subject to the ADU limit of 20. Pat made a motion to open to public input, Jeannie second the motion a vote was taken, and the Board unanimously voted to open to public input. There being no public input a motion was made by Pat to close to public input, Jeannie second the motion, a vote was taken, and the Board unanimously voted to close to public input. Pat made a motion to approve ZBA case #22-02 to modify the current special permit and add an ADU as stated in the application submitted, Jeff second the motion, a vote was taken and the Board unanimously approved ZBA case #22-02. Matters Not Reasonably Anticipated by the Chair: None The next meeting of the Brewster Zoning Board of Appeals is scheduled for March 8th, 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 7:35 pm. #21-23 Applicant: Sean and Ellen Darcy (Represented by Attorney David M. Banash) 61 Consodine Road COMMONWEALTH OF MASSACHUSETTS TOWN OF BREWSTER ZONING BOARD OF APPEALS CASE FILE #21-23 IN RE: 61 CONSODINE ROAD, BREWSTER, MASSACHUSETTS: APPLICATION FOR APPEAL OF DECISION AND ORDER OF BREWSTER BUILDING COMMISSIONER DATED JUNE 29, 2021 I, Sean Darcy, depose on oath and state as follows: AFFIDAVIT OF SEAN DARCY IN SUPPORT OF APPEAL APPLICATION 1. I am an applicant, together with Ellen Darcy, my wife, for appeal of the decision and order of the Town of Brewster Building Commissioner dated June 29, 2021, that alleges violation of the Brewster Bylaws regarding a shed ("Shed") located on our premises at 61 Consodine Road, Brewster ("Premises"). 2. Annexed hereto are true copies of the following: a. Records of the Town Assessors' Office showing the Shed (circled) from 2009, namely, https://www.mapsonline.net/brewsterma/#x=-7801213.724276,512423 0.755147,- 7800640.446564,5124520.081242, "Layer 3;"("Assessors' Plan"). See Exhibit A; b. Records of the Town Board of Health showing the Shed. See Exhibit B; c. Photographs showing the Shed and its surroundings ("Photographs"). See Exhibit C; and d. The following deeds: (1) Deed from G. Howard Hays to Robert R. Ervey and Barbara R. Ervey dated October 25, 1990 and recorded with the Barnstable Registry of Deeds in Book 7335, page 192. This is a copy contained within the title search performed when we purchased the Premises; (2) Deed from Robert R. Ervey and Barbara R. Ervey to Robert R. Ervey and Barbara R. Ervey, Trustees of the Robert R. Ervey Revocable Trust, dated May 22, 2008 and recorded with said Deeds in Book 22988, page 110 and Deed from Robert R. Ervey and Barbara R. Ervey to Robert R. Ervey and Barbara R. Ervey, Trustees of 1 the Barbara R. Ervey Revocable Trust, dated May 22, 2008 and recorded with said Deeds in Book 22988, page 114. These are also copies contained within the title search performed when we purchased the Premises; and (3) Deed dated August 7, 2013 from Robert R. Ervey and Barbara R. Ervey, Trustees of the Robert R. Ervey Revocable Trust, dated May 22, 2008 to Sean Darcy and Ellen Darcy recorded with said Deeds in Book 27627, page 200. This is a copy made from our original Deed of the Premises. See Exhibit D. 3. The Shed has been in the location shown on the Assessors' Plan since August 7, 2013 based on my personal observations and before that based on the following: a. at least from 2009, the date of the Assessors' Plan, per that Plan; and b. at least from 2001 on (1) my observation as to its appearance and its appearance in conjunction with the surrounding vegetation and the path leading to it per the Photographs, and the fact that the vegetation included an oak tree taken down in 2019, the stump of which has more than 20 rings and (2) the fact that it was on the Premises in its current location when my wife and I purchased the Premises on August 7, 2013, we have not moved it, and my understanding that it had been constructed by my predecessor in title Robert R. Ervey and placed in its current location in or before 2001. Executed under the penalties of perjury this, day of October, 2021. 2 Exhibit A • • La bels • Address Numbers PartellOs • Edge of Pavemen t 4 Stree t SurfaC* iyat�„WSrar re N Six raol-Trearec1 iv & ar mat Coaxers halls N Driveways 4 • Bulltlings Google Hybrid Ma p Go ogl• Street Map Openstree tMap 2004 Ma s3GIS Ottho Images y 2014 Ortho Ima gery To wn Base Ma p SimptiCtTY by PeopteGIS Mara 't f m' 3 Locus, l& f° RY 73� 773 (9875900] AS M AP, 68 PARCELS (211/ 24) 010451. PAGE 9 ONEC KEY: EXISTING CONTOU R---- PROPO SEO CONTOUR.-^• - EX 151ING SPOT ELEVATION: 21.5 PROPOSED SP OT ELEVATIO N: ash, TEST F1IXE UT1UTY POLE -o- PEN CE LA IL HYDR45J1 .6. .. RETA INING WALL SEP TIC SYSTEM DESIGN FLOW ESTIMATE 4 BEDROOMS AT i1 G 619 DAY =_448_ G ALL DAY SEPTIC TANK �. GA L 1 WY _62_ DAYS= 880 GAL UsE 108_0 GALLON SEPTIC TANK 005SDN G) LEACMNG ARJC USE 3.600 GALLON CHAMB ERS (B.S x 4. 8' x7 EFF. DEPDI) WTM 4' OF STONE ALL ARO UND (33 T x 12.052 DEEP) SIDEAR M. (33.5412.8)x2 x 24185SF (0. 741.M G ALOAY BOTTOM NEW 33. 5' 6128'..4295F (0.74)^. })1 GAL/DAY CAPACITY454 G A183AY SEPTIC SYS TEM SEC TION W2 ELEV. 008140 FOJNCATION' NCO 9 FINISHED 6• 1 TAT4K TEESI2E$ OBE50 0II IED) INLET: 6-9.9513' 0OVM OUTLET; B' VP,14' DOW N 99 100 . ST ING 1040 GALLO N SEPTIC TANK BENCHMARK AT CORNER C ELEVATION =100.78103.08 _ r - "8 '8 N8)195TT•E \ 4 4- N lB'1924' E t,,.... - \ .\ `'T 4/ i, e 5 \ i / f_ I I 1 I 1 I I SI I 1 90. 1 y 1 �- .1 \ 1 5 \ 11 1 II l 1 � \' \ \ l' 1 I 1\ \` •\ cI. s. \ \\` 1 1 ! tOC i 1 1 \ lit 1 1` l �` \ \ \ ` 1 1 100 s9 98 27853' S 85`40'93' W 1* 0 0 Z (6 0 0 Z m D 0 .-101 1 1914131) 97.17 \ 07. 0 (6' STONE UNDER) GAS BAFFLE AT OUTLET TEE 2"PE/S TOKE 34'• 112' WASHED STONE INSPECTION POR T E WA 97.0 84A 7 ELEV . 33.5' x 12.6' 8. 3.500 GALLON CHAMBERS WITH 4' OF STONE ALL AROUND (33 8 x 12 .8' 2' 390P) (TO B.NVENTED) TEST HOLE LOGS ENGINEER TH OMAS MALEUA N, P.E. W RNE55: SHEIK NCCOLL0 438 800E 10. 27.11 PERCOLATION RATE: <2 MA:LIN FILL 0 .66 PA RADE LOA MY SAND 10YR Li 59.0 5LEV 915 18' 87 .7 35 B HORIZON LOAMY SAND 10YR498 C HORIZON FINE.1101) 2.6 Y794 132• 098-2 59A 10 ' 34 ' OA H ORIZON LOA MY SAND IDYR311 B P ARRON 15YR42 C HORIZON MEDIUM SAND 25Y7I4 e8A 144 ` _ NO C ROAM WATE R ENCOUNTERE D 561 082 87.0 NOTES: 7, VERTICAL DATUM: ASSUMED 2 MUNICAPAL W ATER LS AVAILABLE 3 SC14E()ULE40. 4' PVC PRE TO 9E USED THROUOIUUR SE4715 5151E41. 4. ALL PRECAST UNITS SU BJECT IC/TRAFFIC LOA DS TO CONFORM WITH AASHTO H-20 SPECIFICATIONS. 5. PIPE PITCH. 114' PER FO OT (UNLESS NOTED 019400WISE(. 6. FIRST 2' OF PIPE OUT OFD -B OX TO BE SET LEVEL. 7 THE SEPTIC S YSTE M HAS NOT B DESIGN ED TOACCOMO DATE THE USE OF AGARBAGE DISP OSAL . B ALL C ONSTRUCTION BARS A RE TO BE IN CONF OR MANCE ATM T HE STATE OF MASS. E NVIRONME NTAL CODE (TULE FI VE) AND L OCAL HEALTH RE GULATI ON. 9.CONTRACTOR TO VERIFY LOCATIO NS OF ALL UTILITIES PRIOR TO CONSTRUCTION. 10.1' .`8[8 MD COVER OVER A!LSERTIC SYSTEM COMP ONENTS NOT 708 x99003`, 11. FIELD SURVE Y PROVID ED BY TERRY A W ARNER 7.10., 000940084 8965. 12. TNIS PLAN 05 02(RES THE RE VIEWANDAPPROVAL OF IX$ OR MORE TOWA DEPA RTC18010 AND ISSUBJE CTTO OILANG 051)1. SUCH TIME 12 E%LSTING LEACH PIT IS TO BE PUMPED AND ELLED WITH SAND OR REMOVED. 111. 0 .605 TO BE WATER TESTED TO ENSURE LEVELNESS AND EQUAL FLOW SITE PLAN LOCATION: 61 CONSODLNE R D., BREWSTER, MA PREPARED FOR, ROBERT & B AR BARA ERVEY \DATE: I1 •28 -R SF 41 X- acs BASS RI VER EN GRSEERING 9.0. 005 5763, BASF DEN NIS, MA 02441 5,'8-285.3426 U 1 W Exhibit D ac0 7335vnE 192 ba;;88 1 1, G. HOWARD HAYES, of Brewster, Barnstable County, Maseachu- setts, in consideration of Sixty -Five Thousand Dollars ($65,000.001 grant to ROBERT R. !RVEY and BARBARA R. ERVEY, husband and wife ae tenants by the entirety, of 11 Arlington Drive, Denville, New Jersey 07834 srArn4 & LA CM .rron,crs • r uw . C_ A;al 110, w.e.a.SI TS wen 0170111.4-.104 ith QUITCLAIM COVENANTS the land in Brewster, Barnstable County, Massachusetts shown as LOT 3 on a plan of land entitled 'Subdivision Plan of Land in `firewater, Massachusetts prepared for: JOHN DAVID CIST January 29, 1988 Scale 1".40', Nickerson b Berger Inc. R.L.S. : P.E. Orleans, Massachusetts" recorded with the Barnstable County Registry of Deeds in Plan Book 451 Page 9, together with that portion of the "temporary cul-de-sac" as shown on said plan lying westerly of westerlythe of the 40 vate way ae it tends through the 'temporary cul-de- foot cul-de-sac' area as shown on saidXplan. Said premises are conveyed subject to Declaration of Res,.rictive Covenants recorded with the Barnstable County Registry of Deeds in Book 6570 Page 246 and to any and all other easements, restrictions and reservations of record, if any, insofar as the same are now in full force and effect. The Grantor hereby reserves the right to maintain, replace, service and repair the geip p tch locatedbasin atand thenaoutheast corneround r of pits for road drainage purposes the premises. The grantor hereby reserves the right to grant easements and rights of way in, over, under, along and upon the road as shown on shownid onplan for anthe aforesaidnd planlandpurposes of the lots for any other property. Said premises are conveyed together with a right of way over Consodine Road by foot or by vehicle for ingress and egress to and from the premises and Route 137. For title see deed recorded with the Barnstable County Registry see Certificate f Book ok 6387 Page 234 234077and relative to the right of w3TNESS my hand and seal this .2.5 day of (}�r�u , 1990. a --4//; i( G. Boward Mayes 3COK7335 POE 193 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss_ , 1990 Then personally appeared the above named G. Howard Hayes and acknowledged the foregoing instrument to be his free aet"''dtd^..,, deed, before me, 'rt,t ti Notary Public 4 My Commission Expi>;'esa ` trIT','3fr .e TT.M 114.'T 1)14.11-7.113S4 siP n I,1 kPLE IAX ..16 ChCV 3507NV°P 10:56 Exc,sE TAX 10 i Prepared By and After Recording Return to: Gwynne W. Guzzeau, Esq. P.Q. Box 1003 Orleans, MA 02653 3k 22928 P911tJ -3304.9 06-18-2008 a"i 01 e 58 tbove This Line Reserved For Official Use On[) QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS THAT: Robert R. Ervey and Barbara R. Ervey, of 61 Consodine Road, Brewster, Barnstable County, Massachusetts, in consideration of ONE HUNDRED ($100,00) DOLLARS, grant, to Robert R. Ervey and Barbara R. Ervey, Trustees of the Robert R. Ervey Revocable Trust, dated May 22, 2008, a fifty percent (50%) interest in the following lands and property, together with all improvements located thereon, lying in the County of Barnstable, Town of Brewster, State of Massachusetts, With Quitclaim Covenants: The land in Brewster, Barnstable County, Massachusetts shown as LOT 3 on a plan of land entitled "Subdivision Plan of Land in Brewster, Massachusetts prepared for: John David Cist January 29, 1988 Scale 1"=40', Nickerson & Berger Inc. R.L.S. & P.E. Orleans, Massachusetts" recorded with the Barnstable County Registry of Deeds in Plan Book 451, Page 9, together with that portion of the "temporary cul-de-sac" as shown on said plan lying westerly of the westerly sideline of the 40 foot private way as it extends through the "temporary cul-de- sac" area as shown on said plan. Said premises are conveyed subject w Declaration of Restrictive Covenants recorded with the Barnstable County Registry of Deeds in Book 6570, Page 246 and to any and all other easements, restrictions and reservations of record, if any, insofar as the same are now in full force and effect. Said premises are conveyed together with a right of way over Consodine Road by foot or by vehicle for ingress and egress to and from the premises and Route 137. 11 2q' Bk 22988 Pg 111 #33049 For title reference is made to deeds recorded in Book 7335, Page 192. In Witness Whereof, the said Robert R. Ervey and Barbara R. Ervey, have hereunto set their hands this 24 -day of May, 2008. Date: May 22, 2008 Robert R. Ervey, Grantor State of Massachusetts County of Barnstable Barbara R. Ervey, Grantor On this 2.:: day of May, 2008, before me personally appeared Robert R. Ervey and Barbara R. Ervey, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. My commission expires: I 2.481 2© tl fi,rw, 11C t 7 . Si Gwynne Wiatrowski Guzzeau'. �`: {a: s .6 1.,, Type or Print Name ::t `,. CD /: OWNCARATIOASKGtfr U - Notary Public COmt1S00w.eali8 a Massacausets My Commission Expires December 8,2011 BARNSTABLE REGISTRY.OF DEEDS 12 Prepared By and After Recording Return to: Gwynne W. Guzzeau, Esq. P.O. Box 1003 Orleans,MA 02653 Bk. 22983 4,33051 06-1.2,-2100a 1 : 58p. ------Above This LineReserved For Official Use Only ---- QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS THAT: Robert R, Ervey and Barbara R. Ervey, of 61 Consodine Road, Brewster, Barnstable County, Massachusetts, in consideration of ONE HUNDRED ($100.00) DOLLARS, grant, to Barbara R. Ervey and Robert R. Ervey, Trustees of the Barbara R. Ervey Revocable Trust, dated May 22, 2008, a fifty percent (50%) interest in the following lands and property, together with all improvements located thereon, lying in the County of Barnstable, Town of Brewster, State of Massachusetts, With Quitclaim Covenants: The land in Brewster, Barnstable County, Massachusetts shown as LOT 3 on a plan of land entitled "Subdivision Plan of Land in Brewster, Massachusetts prepared for: John David Cist January 29, 1988 Scale 1"--,40', Nickerson & Berger Inc. R.L.S. & P.E. Orleans, Massachusetts" recorded with the Barnstable County Registry of Deeds in Plan Book 451, Page 9, together with that portion of the "temporary cul-de-sac" as shown on said plan lying westerly of the westerly sideline of the 40 foot private way as it extends through the "temporary cut -de - sac" area as shown on said plan. Said premises are conveyed subject to Declaration of Restrictive Covenants recorded with the Barnstable County Registry of Deeds in Book 6570, Page 246 and to any and all other easements, restrictions and reservations of record, if any, insofar as the same are now in full force and effect. Said premises are conveyed together with a right of way over Consodine Road by foot or by vehicle for ingress and egress to and front the premises and Route 137. 13 a Bk 22988 Pg 115 #33051 For title reference is made to deeds recorded in Book 7335, Page 192, In Witness Whereof, the said Robert R. Ervey and Barb... R. Ervey, have hereunto set their hands this 22 -day of May, 2008. Date: May 22, 2008 Robert R. Ervey, State of Massachusetts County of Barnstable ie arbara R. Ervey, Grantor On this 27 —day of May, 2008, before me personally appeared Robert R. Ervey and Barbara R. Ervey, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. My commission expires: [ . (g('Lai I Public ilr Gwynne Wiatrowski Guzzeau v w (: Type or Print Name �' f �p J Notary Public Commonwealth or MassaGuoaot% My Commission Emaes December El, 2C11 13ARNSTABLE REGISTRY OF DEEDS 14 QUITCLAIM DEED WE, ROBERT R. ERVEY AND BARBARA R. ERVEY, Trustees of the Barbara R. Ervey Revocable Trust (50%) dated May 22, 2008, Trustee's Certificate recorded with Barnstable Registry of Deeds in Book 22988, Page 116 and Trustees of the Robert R. Ervey Revocable Trust (50%) dated May 22, 2008, a Trustee's Certificate recorded said Registry in Book 22988, Page 112, both with a mailing address of 21 Juniper Creek Lane. Bluffton, SC 22909- 5125 For consideration paid and in full consideration of FIVE HUNDRED SIXTY THOUSAND AND 00/100 (S560,000.00) DOLLARS Grant to SEAN DARCY and ELLEN DARCY. husband and wife. as tenants by the entirety, both with a mailing address of 18 Warwick Road. Newton. MA 02465 WITH QUITCLAIM COVENANTS The land in Brewster, Barnstable County. Massachusetts, described as follows: Being LOT 3 , on a plan of land entitled "Subdivision Plan of Land in Brewster, Massachusetts prepared for John David Cist January 29. 1988 Scale 1 inch = 40 feet. Nickerson & Berger Inc. R.L.S. & P.E. Orleans, Massachusetts" recorded with the Barnstable County Registry of Deeds in Plan book 451. Page 9. together with that portion of the "temporary cul-de-sac" as shown on said plan lying westerly of the westerly sideline of the 40 foot private way as it extends through the "temporary cul-de-sac" area as shown on said plan. Said premises are conveyed subject to Declaration of Restrictive Covenants recorded with the Barnstable County Registry of Deeds in Book 6570. Page 246 and to any and all other easements_ restrictions and reservations of record. if any, insofar as the same are now in full force and effect. Said premises are conveyed together with a right of way over Consodine Road by foot or by vehicle for ingress and egress to and from the premises and. Route 137. For title, see deeds recorded with Barnstable County Registry of Deeds in Book 22988, Page 110 and Book 22988. Page 114. Property Address: 61 Consodine Road, Brewster, MA 02631 15 16 rWE, ROBERT R. ERVEY AND BARBARA R. ERVEY, Trustees of the Barbara R. Revocable Trust (50%) dated May 22, 2008 and Trustees of the Robert R. Ervey able Trust (50%) dated May 22, 2008. hereby certify that: 1. Said Trust is in full force and effect. 2. All the beneficiaries are of full age. 3. All the beneficiaries are competent. 4. All the beneficiaries of said Trust have authorized and directed me as Trustee to convey the herein described premises. We, Robert R. Ervey and Barbara R. Ervey. under the pains and penalties of perjury. hereby release any and all rights to homestead we may have in the property. WITNESS our hands and seals this ` day of August, 2013. Barnstable. ss: , Ervev1t cable Trust Barbara It Ervey Revocable Trust Robert R. Ervey. Tr Barbara R. Ervey. Trustee' .Bober. By: Robert R. Ervey. Tt iarbara R. Ervey, Trustee COMMONWEALTH OF MASSACHUSETTS August -'f', /013 On the date above -written. before me. the undersigned notary public, personally appeared Robert R. Ervey and Barbara R. Ervey, Trustees who proved to me through satisfactory evidence of identification, which was Mt . to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. STACIE L. HIGGINS Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires October 01, 2015 p; 1o,,; ubtir My commission exires) 17 COMMONWEALTH OF MASSACHUSETTS TOWN OF BREWSTER ZONING BOARD OF APPEALS CASE FILE #21-23 IN RE: 61 CONSODINE ROAD, BREWSTER, MASSACHUSETTS: APPLICATION FOR APPEAL OF DECISION AND ORDER OF BREWSTER BUILDING COMMISSIONER DATED JUNE 29, 2021 AFFIDAVIT OF DAVID M. BANASH IN SUPPORT OF APPEAL APPLICATION I, David M. Banash, depose on oath and state as follows: 1. I am an attorney licensed to practice in the Commonwealth of Massachusetts. 2. On September 3, 2021, I searched the online grantor/grantee indicis of the recorded land division of the Barnstable Registry of Deeds under the names Ellen Darcy, Sean Darcy and Ervey for the Town of Brewster from the year January 1, 1970. Copies of my search results are annexed to this affidavit. Executed under the penalties of perjury this 8111 day of S ber, 2021. David M. Banash 9/3/2021 Barnstable County Registry of Deeds Rec Land Name Search Results "•gib criser Documents in Cart 9E09 (0) John F. Meade Register • Research. Home • Search by_ Name or Address • Search Regi.Stly Records • Search Land Court Records • Search Plans • Manually Add to Cart Recorded Land Does by Name Search Results Search Terms Search nameDARCY ELLENParties All Parties Town Brewster Document Types*ALL Date Ran eLand Document Index from Jan 1,1970 thru Sep 3, 2021 #58301 @ 03:23 Modify Search New Search show more text Can't find what you are looking for? Try one of the following: • show Medilyt your search terms • • Select another Deeds Database to look in for your document with the same search terms To print or check the print cart, click on the Documents in Cart (x) located in the upper right corner of the page. Pre'ioWithzheed technical assistance, please review our ,fly Asked Questions document Liens I Curr Year 1 All Years 12 Mo Indx 1 Land Court I Rec oisiWi 10 se ttesults per page Print Search Results Name DARCY, ELLEN &H)_(Gtee) DARCY, ELLEN &HH)(Gtor) DARCY, ELLEN (&H) (Gtor) DARCY, ELLEN .(&O) (Glee) Reverse Party ERVEY, ROBE (AS TR &O) MORTGAGE ELECTRONIC RE MORTGAGE ELECTRONIC RE MORTGAGE ELECTRONIC RE Brewster2013 Brewster 08-16- 2013 Brewster20160-15- 26 Brewster 01-04- 2017 Town Date Document Document Book ABSView/Prt Received Type Desc (page) 08-16- Deed 3 451/9 27627-200 Mortgage 3 451/9 27627-203 (J Mortgage 3 451/9 30163-199 Discharge 27627/203 30211-232 https://search.barnstabledeeds.org/ALIS/WW400R.HTM?W9SNM=Darcy&W9GNM=Ellen&W91XTP=A8M9ABR='ALL8W9TOWN=BREW&W9INQ=5... 1/2 9/3/2021 Barnstable County Registry of Deeds Rec Land Name Search Results Documents in Cart 9E09 (0) John F. Meade Register • Research Home • Search by Name or Address • Search Registry :Records • Search Land Court Records • Search Plans • Manually Add to Cart Recorded Land Does by Name Search Results Search Terms Search nameDARCY SEANParties All Parties Town Brewster Document Types*ALL Date RangeLand Document Index from Jan 1,1970 thru Sep 3, 2021 #58304 @ 03:25 Modify Search New Search show more text Can't find what you are looking for? Try one of the following: • show Medi t your search terms • • Select another Deeds Database to look in for your document with the same search terms To print or check the print cart, click on the Documents in Cart (x) located in the upper right corner of the page. Previo ' ►,,: , eed technical assistance • lease review our .. x. y Asked Questions document Curr Year All Years 12 Mo Indx Land Court Rec Lnd Plans Desw' 10 V ttesults per page Print Search Results Name DARCY, SEAN t&W)(Glee), DARCY, SEAN &W)_(Gtor) DARCY, SEAN ,(&W) (Gtor) DARCY, SEAN &O) (Glee) Reverse Party Town Date Document Document Received Type Desc ERVEY, ROBE (AS TR &O) MORTGAGE ELECTRONIC RE MORTGAGE ELECTRONIC RE MORTGAGE ELECTRONIC RE Brewster08-16- 2013 Brewster 08-16- 2013 Brewster 12-15- 2016 Brewster 01-04- 2017 Deed 3 451/9 Mortgage 3 451/9 Mortgage 3 451/9 Discharge 27627/203 Book ABSView/Prt (page) 27627-200 ] L 27627-203 U 30163-199 30211-232 https://search.barnstabledeeds.org/ALISNVW400R.HTM?W9SNM=Darcy&W9GNM=Sean&W9IXTP=A&W9ABR=*ALL&W9TOW N=BREW&W91 NO=5... 1/2 9/3/2021 Rec Land Name Search Results Barnstable County Registry of Deeds Sub -,critter ;.cgin R# Documents in Cart 9E09 (1) John F. Meade Register • Research Home • Search by_ Name or Address • Search Registry :Records • Search Land Court Records • Search Plans • Manually Add to Cart Recorded Land Docs by Name Search Results Search Terms Search nameERVEY Parties All Parties Town BrewsterDocument Types*ALL Date RangeLand Document Index from Jan 1,1970 thru Sep 3, 2021 #58306 @ 03:31 Modify Search 1 —New Search show more text Can't find what you are looking for? Try one of the following: show I1edifyt your search terms • • Select another Deeds Database to look in for your document with the same search terms To print or check the print cart, click on the Documents in Cart (x) located in the upper right corner of the page. Previo ►,,: a eed technical assistance lease review our . .. , r y Asked Questions document Cur Year All Years 12 Mo lndx Land Court Rec Lnd Plans DesAll' 30 V Results per page Print Search Results Name Reverse Party ERVEY, BARBARA (&O)_(Gtee) ERVEY, BARBARA R. (&H)(Gtee) ERVEY, BARBARA R BREWST (TAX COLLECTOR) HAYES, G HOWARD HAYES, G HOWARD Town Date Received Brewster 08-16- 2013 Document Type Document Desc Discharge 9759/197 Book ABSView/Prt (page) 27627-198 Brewsterl0-26-1990 Deed 3 451/9 7335-192 County 10-26- Power Of 3 451/9 7335-195 1990 Attorney https://search.barnstabledeeds.org/ALIS/WW400R.HTM?WSIQTP=LRO1 L&WSKYCD=N&W9ABR=*ALL&W9FDTA=01011970&W9GNM=&W9INo=5... 1 /4 9/3/2021 (&O) -O ERVEY, BARBARA R (&O)(Sr) ERVEY, BARBARA R ,(&O)-(Gtor) ERVEY, BARBARA R (AS TR) (Gtee) ERVEY, BARBARA R (AS TR) (Gtor) ERVEY, BARBARA R &O)_(Gtor) ERVEY BARBARA R (AS TR)(Gtee) ERVEY, BARBARA R .(AS TR) ( tow) ERVEY, BARBARA R (AS TR) (Gtor) ERVEY, BARBARA R (AS TR &O) (Gtor) ERVEY, ROBERT R .(&W) (Gtee) ERVEY, ROBERT R &O)_(Gtee) ERVEY, ROBERT R (&)(Gtor) E., RV EY, ROBERT R (&O)( tor), ERVEY, ROBERT R (A IRL(Gtee) ERVEY, ROBERT R (AS TR)_(Gtor) ERVEY, ROBERT R (&O)(Gtor) ERVEY, ROBERT R (AS TR)_(Gtee) BREWSTER T (SELECTMEN) ERVEY, ROBERT (AS TR) ERVEY, ROBERT R (&O) ERVEY, BARBARA (AS TR) ERVEY, ROBERT R (&O) Brewster 07-19- 1995 Brewster 06-18- 2008 Brewster200200 88 Deed Rec Land Name Search Results Betterment CONSODINE 9759-197 RD 515/79-80 Deed 3 451/9 22988-110 3 451/9 22988-110 06-18- Abstract Of ROBERT R ERVEY REV 22988-112 County 2008 Trust TRUST Brewster 06-18- 2008 Deed 3 451/9 22988-114 Brewster200200 88 Deed 3 451/9 County 06-18- 2008 Brewster08-16- 2013 DARCY, SEAN Brewster08-16- (&W) 2013 HAYES, G HOWARD HAYES, G HOWARD BREWSTER T (SELECTMEN) ERVEY, ROBERT (AS TR) ERVEY, ROBERT R (&O) 22988-114 Abstract Of BARBARA R Trust ERVEY REV 22988-116 Ili:: TRUST Certificate Of Municipal Lien Deed Brewster 1990 1990 Deed 22988/114 27627-199 [- 3 451/9 27627-200 I`=1 3 451/9 7335-192 Count 10-26- Power Of 3 451/9 y 1990 Attorney Brewster 07-19- 1995 Brewster 06-18- 2008 7335-195 Betterment CONSODINE 9759-197 RD 515/79-80 Deed 3 451/9 Brewster200200 88- Deed 3 451/9 22988-110 22988-110 06-18- Abstract Of ROBERT R ERVEY REV 22988-112 County 2008 Trust TRUST ERVEY, 06 -18 - BARBARA (AS Brewster2008 Deed 3 451/9 TR) ERVEY, ROBERT R (&O) Brewster202000 88 Deed 3 451/9 22988-114 22988-114 11) L 1 https://search.barnstabledeeds.org/ALIS/WW400R.HTM?WSIQTP=LRo1 L&WSKYCD=N&W9ABR=*ALL&W9FDTA=01011970&W9GN M=&W9INQ=5... 2/4 9/3/2021 Rec Land Name Search Results ERVEY, County 06-18- Abstract Of BARBARA R 22988-116 ROBERT R (AS 2008 Trust ERVEY REV TR)_(Gtor) TRUST ERVEY, BREWST (TAX 08-16- ROBERT R COLLECTOR) Brewster2013 Discharge 9759/197 27627-198 f &O)_ () ERVEY, Certificate 08-1ROBERT R (AS Brewster2013 MO 22988/114 27627-199 TR) (Gtor) 2013 Municipal Lien ERVEY, DARCY, SEAN 08-16- ROBERT R (AS (&W) Brewster2013 Deed 3 451/9 27627-200 TR &O) (Gtor), The last matching name is displayed PreviousNext Print Search Results show more text • Quicklinks • Barnstable County Registry of Deeds I-IomepsgQ • Other Registries of Deeds show Iftiaigtilble County Government and Communities • Government Links • Directions • Contact Us • Support • Frequently Asked Questions o FAQ's o Technical Support Questions • Glossary of Terms • Assistance o For Account assistance, call (508) 362-7733 Opt. 8 o For Technical assistance, see Frequently Asked Questions above • Services • Print a test page • Set Viewing/Printing Preferences https://search. barnstabledeeds.org/ALIS/W W400R. HTM?WSIQTP=LR01 L&WSKYCD=N&W9ABR=*ALL&W9FDTA=01011970&W9GNM=&W9INQ=5... 3/4 COMMONWEALTH OF MASSACHUSETTS TOWN OF BREWSTER ZONING BOARD OF APPEALS CASE FILE #21-23 IN RE: 61 CONSODINE ROAD, BREWSTER, MASSACHUSETTS: APPLICATION FOR APPEAL OF DECISION AND ORDER OF BREWSTER BUILDING COMMISSIONER DATED JUNE 29, 2021 AFFIDAVIT OF DAVID M. BANASH IN SUPPORT OF APPEAL APPLICATION I, David M. Banash, depose on oath and state as follows: 1. I am an attorney licensed to practice in the Commonwealth of Massachusetts. 2. On October 23, 2021, I searched the online grantor/grantee indicis of the recorded land division of the Barnstable Registry of Deeds under the names Ellen Darcy, Sean Darcy and Ervey for the Town of Brewster from August 13, 2013 for Darcy (the date they acquired title from Ervey of the premises at 61 Consodine Road, Brewster) and for Ervey from October 25, 1990 (the date they acquired title of the premises at 61 Consodine Road, Brewster). Copies of my search results are annexed to this affidavit. Executed under the penalties of perjury this day of October, 2021. David M. Banash 10/24/21, 2:17 PM Barnstable County Registry of Deeds Rec Land Name Search Results Subscriber log' Documents in Cart T1362 (1) John F. Meade Register Research Home Registry Home Page Recorded Land Docs by Name Search Results Search Terms Search nameDARCY ELLENParties All Parties Town Brewster Document Types*ALL Date RangeLand Document Index from Aug 16,2013 thru Oct 22, 2021 #69787 @ 03:58 Modify Search I New Search show more text Can't find what you are looking for? Try one of the following: • show 1 edi* your search terms • • Select another Deeds Database to look in for your document with the same search terms To print or check the print cart, click on the Documents in Cart (x) located in the upper right corner of the page. Previolls eed technical assistancezplease review our Su • srt/Fre• ntly Asked Questions document Liens Curr Year 12 Mo Indx 50 Yr lndx Land Court Rec Lnd Plans lltsiNP 10 Ne eftesults per page Print Search Result, Name Reverse Party DARCY, ELLEN ERVEY, ROBE (AS &H) (Gtee) TR &O) DARCY, ELLEN MORTGAGE O(tom) ELECTRONIC RE DARCY, ELLEN MORTGAGE &H) (Gtor) ELECTRONIC RE DARCY, ELLEN MORTGAGE (Q)(Gtee) ELECTRONIC RE The last matching name is displayed PreviousNext Print Search Results Town Date Received Brewster 08-16- 2013 Brewster 08-16- 2013 12-15- Brewster2016 016 Brewster 01-04- 2017 Document Document Type Desc Deed Book ABSView/Prt (page) 3 451/9 27627-200 ki Li.J Mortgage 3 451/9 27627-203 Mortgage 3 451/9 30163-199 Discharge 27627/203 30211-232 show more text https://search.barnstabledeeds.org/ALTS/WW400R.HTM?W9SNM=DARCY&W9GNM=Ellen&W91XTP=A&W9ABR=`ALL&W9TOWN=BREW&W91NQ=... 1 /2 10/24/21, 2:16 PM Rec Land Name Search Results Barnstable County Registry of Deeds Subscriber login Documents in Cart TB62 (1) John F Meade Register Research Home Registry Home Page Recorded Land Docs by Name Search Results Search Terms Search nameDARCY SEANParties All Parties Town Brewster Document Types*ALL Date RangeLand Document Index from Aug 16,2013 thru Oct 22, 2021 #69787 @ 03:58 Modify Search New Search show more text Can't find what you arc looking for? Try one of the following: • show bted4tyour search terms • • Select another Deeds Database to look in for your document with the same search terms To print or check the print cart, click on the Documents in Cart (x) located in the upper right corner of the page. Previoligithaheed technical assistance, please review our ..ortlFre• uently Asked Questions document ILiens j Curr Year j 12 Mo Indx j 50 Yr Indx Land Court Rec Lnd Plans Dts3R 10 v gResults per page Print Search Results Name Reverse Party DARCY, SEAN ERVEY, ROBE (AS f&a) (rt g) TR &O) DARCY, SEAN MORTGAGE &WLator) ELECTRONIC RE DARCY, SEAN MORTGAGE .(W) (Gtor) ELECTRONIC RE DARCY, SEAN MORTGAGE c&0) (Gtee) ELECTRONIC RE The last matching name is displayed Town Date Document Document Received Type Desc Brewster 08-16- 2013 Brewster 08-16- 2013 Brewster 12-15- 2016 Brewster01-04- 2017 Deed Mortgage Mortgage Discharge 3 451/9 3451/9 3 451/9 Book (page) ABSView/Prt 27627-200 27627-203 L 30163-199 U 27627/203 30211-232 LJ LJ PreviousNext Print Search Results show more text https://search.barnstabledeeds.org/ALIS/WW400R.HTM?W9SNM=Darcy&W9GNM=Sean&W9IXTP=A&W9ABR='ALL&W9TOWN=BREW&W9INQ=A... 1 /2 10/24/21, 2:12 PM Barnstable County Registry of Deeds Rec Land Name Search Results Subscriber login l�gcuments in Cart TB62 (1) John E Meade Register Research Home Registry Home Page Recorded Land Docs by Name Search Results Search Terms Search nameERVEY Parties All Parties Town BrewsterDocument Types*ALL Date RangeLand Document Index from Oct 25,1990 thru Oct 22, 2021 #69787 @ 03:58 Modify Search 1 New Search show more text Can't find what you are looking for? Try one of the following: • show Medi * your search terms • • Select another Deeds Database to To print or check the print cart, click on Previo • ►,,; , eed technical assistance ll's*? 10 r results per page Print Search Results look in for your document with the same search terms the Documents in Cart (x) located in the upper right corner of the page. lease review our u..ort/Fre;uently Asked Questions document Name Reverse Party Town ERVEY, BARBARA R (AS TR) (Gtor) ERVEY, BARBARA R DARCY, SEAN (AS TR &O) (&W) attar) ERVEY, ROBERT R ( ) (c7=) ERVEY, ROBERT R .( Q) (Gtec) HAYES, G HOWARD HAYES, G HOWARD Brewster 08-16- 2013 Date Document Received Type Certificate Of Municipal Lien Document Book Desc (page) 22988/114 27627-199 08-16- Brewster2013 Deed 3 451/9 27627-200 IN LJ ABS View/Prt Brewster19901990 Deed 3 451/9 7335-192 County 10-26- Power Of 3 451/9 7335-195 1990 Attorney https://search.barnstabledeeds.org/ALIS/VVW400R.HTM?WSSRPP-- 1 O&WS HINM=VVW401 R01 &WSIOTP=LR01 N&WSKYCD=N&WSKYCDS=&WS... 1/3 10/24/21, 2:12 PM ERVEY, ROBERT R ($Q)_(Gtor) ERVEY, BAR_ •RTC .(&Q) (Gtor) ERVEY, ROBERT R I$) ( tee) ERVEY, ROBERT R (4 TR) (Gtor) ERVEY, ROBERT R .(&O)_(aof) ERVEY, ROBERT R (AS TR) ( tee) BREWSTER T Brewster07-19- (SELECTMEN) 1995 ERVEY, 06 -18 - ROBERT (AS Brewster2008 TR) ERVEY, ROBERT R (&O) Brewster200200 88- Deed Rec Land Name Search Results Betterment CONSODINE 9759-197 RD 515/79-80 Deed 3 451/9 22988-110 L_i 3 451/9 22988-110 v LJ 06-18- Abstract Of ROBERT R ERVEY REV 22988-112 County 2008 Trust TRUST ERVEY, 06 -18 - BARBARA (AS Brewster2008 Deed TR) ERVEY, ROBERT R (&O) More names may be available Brewster202000 88 Deed 3 451/9 22988-114 3 451/9 22988-114 .=) 4.1 PreviousNext Print Search Results show more text • Quicklinks • Barnstable County Registry of Deeds Hornepage • Other Registries of Deeds show 1 itgtble County Government and Communities • Government Links • Directions • Contact Us • Support • Frequently Asked Questions o FAM o Technical Support Questions • Glossary of Terms • Assistance o For Account assistance, call (508) 362-7733 Opt. 8 o For Technical assistance, see Frequently Asked Questions above https://search.barnstabledeeds.org/ALTS/WW400R.HTM7WSSRPP-10&WSHTNM=WW401 RO1 &WSIQTP=LR01 N&WSKYCD=N&WSKYCDS=&WS... 2/3 10/24/21, 2:14 PM Barnstable County Registry of Deeds Rec Land Name Search Results • Subscriber login �, .. . Documents in Cart TB62 (1) John F. Meade Register. Research Home Registry Home Page Recorded Land Docs by Name Search Results Search Terms Search nameERVEY Parties All Parties Town Brewsterpocument Types*ALL Date RangeLand Document Index from Oct 25,1990 thru Oct 22, 2021 #69787 @ 03:58 Modify Search New Search show more text Can't find what you are looking for? Try one of the follm‘ ing: show lkiediyt your search terms • • Select another Deeds Database to look in for your document with the same search terms To print or check the print cart, click on the Documents in Cart (x) located in the upper right corner of the page. Previofig eed technical assistance, lease review our Support/Frecu ntly Asked Questions document Liens I Curr Year I-12 Mo Indx 150 Yr Indx Land Court C Rec Lnd Plans I ursiVGP 10 r eResults per page Print Search Results Name Reverse Party Town ERVEY, ROBERT R (AS I13.)_(Gtor) ERVEY, ROBERT R .(&Q)(Gtee) ERVEY, ROBERT R (AS TR)_(Gtor) County Date Document Document Received Type Desc 06-18- Abstract Of BARBARA R 2008 Trust ERVEY REV 22988-116 TRUST BREWST (TAX Brewster08-16- COLLECTOR) 2013 Book ABSView/Prt (page) Discharge 9759/197 27627-198 L--] L„J Certificate Brewster08-16- Of 22988/114 27627-199 2013 Municipal Lien ERVEY, DARCY, SEAN 08-16- ROBERT R ( Brewster Deed 3 451/9 27627-200 C TR &O) (Gtor) (&� 2013 The last matching name is displayed https://search.barnstabledeeds.org/ALTS/WW400R.HTM?WSSRPP=10&WSHTNM=WW401 R01 &WSIQTP=LRO1 N&WSKYCD=N&WSKYCDS=&WS... 1/2 July 23, 2021 To Whom It May Concern: This letter is to clarify the age of the boat shed on the property of 61 Consodine Road in Brewster, MA. My in-laws, Robert and Barbara Ervey, built this house back around 1990. They loved that house and the Cape and lovingly cultivated the house and yard into a beautiful home. Unfortunately, they both passed away last year. Although the exact date of the construction of the shed is unknown, it was built to store the small boat that they had purchased. They named this boat, "Hannah Rose" after our daughter. Hannah was born on 1/23/98 and the shed was built when she was very little. Therefore, we approximate the boat shed was built sometime between 1998 and 2000. We hope this helps to clarify that the boat shed has been on the property for a long time. Sigel , Joanne COMMONWEALTH OF MASSACHUSETTS TOWN OF BREWSTER ZONING BOARD OF APPEALS CASE FILE #21-23 IN RE: 61 CONSODINE ROAD, BREWSTER, MASSACHUSETTS: APPLICATION FOR APPEAL OF DECISION AND ORDER OF BREWSTER BUILDING COMMISSIONER DATED JUNE 29, 2021 I. Issue MEMORANDUM IN SUPPORT OF APPEAL APPLICATION Whether the Town of Brewster can enforce the alleged violation of its Zoning Bylaw where 1. the alleged violation commenced before 2009; 2. the Town first made its alleged action claiming such violation on June 29, 2021;1 and 3. no notice of the alleged action was recorded with the appropriate division of the Barnstable Registry of Deeds within 10 years from the time such violation commenced. II. Facts On July 27, 2021, the Town of Brewster Clerk accepted for filing an Application by Sean and Ellen Darcy to appeal a decision and order of the Brewster Building Commissioner dated June 29, 2021. The decision and order states that it was per a request by a neighbor to investigate a shed ("Shed") on the Darcys' property at 61 Consodine Road, Brewster, Assessors' Map 66, Lot 5 ("Premises"). The attachments to the decision and order included an instrument entitled "Site Plan" dated "11-28-11" 1 This memorandum will assume for sake of argument, but not thereby intending to admit, that the Building Commissioner's decision and order dated June 29, 2021 was a "criminal or civil action intended to compel the removal, alteration, or relocation of a structure by reason of an alleged violation of this chapter or of an ordinance or by-law adopted under [G.L. c.40A]." G.L. c.40A, §7. ("Site Plan"). The Site Plan shows the Shed marked as such and on and north of the northerly boarder of the Premises. The decision and order relevantly: 1. alleges that the Shed never received a permit from the Brewster Building Department, and that a permit was required because the Shed violated requisite setbacks set out in Brewster Zoning Bylaws; 2. alleges that Brewster Historic District Review was required because the Shed was located within the Old Kings Highway Regional Historic District; 3. sets out options for the applicants that include petitioning to the Zoning Board of Appeals to overturn the decision; and 4. concludes by stating that applicants must take corrective action to avoid further action as described in Brewster Zoning Bylaw, section 49. That section provides in pertinent part that "Any person...who violates...any of the provisions of this chapter... may be fined by the Inspector of Buildings a sum of up to $300 for each offense," and that "Each day the violation continues shall be a separate offense." The Shed has been in existence in its current location since before June 29, 2011, more than 10 years before the decision and order. See: 1. Records of the Town Assessors' Office showing the Shed in 2009: https://www.mapsonline.net/brewsterma/#x=- 7801213.724276,5124230.755147,-7800640.446564,5124520.081242 and in particular "Layer 3" annexed to the Affidavit of Applicant Sean Darcy filed herewith as Exhibit A ("Darcy Affidavit"); 2. Photographs annexed to the Darcy Affidavit as Exhibit C; and 3. Statement of Sean Darcy, as contained in the Darcy Affidavit. In addition see Records of the Town Board of Health, showing the Site Plan, annexed to the Affidavit as Exhibit B and also the second attachment to the decision and order. No criminal or civil action, suit or proceeding intended to compel removal, alteration or relocation of the Shed has been commenced within 10 years after the Shed was first located in its current location. The Premises are recorded land. See Deed to the Premises at 61 Consodine Road annexed to the Darcy Affidavit as Exhibit D. No notice of the action has been filed with the recorded land division of the Barnstable Registry of Deeds within that time period. See Affidavit of David M. Banash ("Banash Affidavit"). 2 III. Argument G.L. c. 40A, §7 provides as follows in pertinent part: No criminal or civil action intended to compel the removal, alteration, or relocation of a structure by reason of an alleged violation of ...an ordinance or by- law adopted under this chapter... shall be maintained unless the action, suit or proceeding is commenced and notice of the action, suit or proceeding is recorded in the registry of deeds for each county or district in which the land lies... within 10 years of the commencement of the alleged violation. The Town's assessing records show the existence of the Shed in its current location in 2009. See Darcy Affidavit, Exhibit A. Accordingly, the action by the building commissioner, taken on June 29, 2021, was more than 10 years from the commencement of the alleged violation and is therefore barred by G. L. c.40A, §7. In addition the Town's health department records show its location as early as 2011. See Affidavit, Exhibit B and the second attachment to the decision and order of the building commissioner. Although the health department record is not quite 10 years from June 29, 2021, the depiction of the location of the Shed there — in the same location as shown in the assessing records is probative of its existence there for more than 10 years before June 29, 2021. The physical appearance of the Shed supports this documentary evidence and at least some of the vegetation surrounding the Shed is more than 20 years old, as evidenced by the rings on at least one oak tree that was adjacent to the Shed. Finally, it is Sean Darcy's understanding that the Shed was constructed in or before 2001 by his predecessor in title Robert Ervey in its present location. See Darcy Affidavit #3 and Exhibit C. Further, c.40A, §7 contains a second and independent requirement to enable enforcement of a zoning bylaw, namely, that notice of the action, suit or proceeding be recorded in the appropriate division of the registry of deeds where the land lies within 10 years of the commencement of an alleged violation. The Premises being recorded land in Barnstable County, the statute therefore required such notice to have been recorded with the recorded land division of Barnstable Registry of Deeds in that time period. This did not happen. See Banash Affidavit. G.L. c..40A, §7 does not require that the Town have known or should have known of the Shed and its location. Connors v. Annino, 460 Mass. 790, 794 n.8 (2011) (c. 40A, §7 is a statute of repose, not a statute of limitations). However, in fact the Town knew or should be deemed to have known of both because its own records. Accordingly, it is inequitable for the Town now to make its claim, in addition to being barred by statute. 3 IV. Conclusion G.L. c. 40A, §7 bars actions to enforce the Town Zoning Bylaw at issue where not commenced within 10 years of the commencement of the alleged violation and where no notice thereof was recorded in the applicable division of the Barnstable Registry of Deeds within that time period. The alleged violation commenced more than 10 years before the first alleged enforcement attempt by the Town, and no notice was filed in the applicable division of the Barnstable Registry of Deeds within that time period. Thus, the alleged violation is unenforceable, the appeal should be allowed, and the Building Commissioner's decision and order dated June 29, 2021, should be overturned and reversed. Dated: October 7,, b , 2021 Respectfully submitted, Sean and Ellen Darcy by their attorney, David M. Banash, BBO# 028200 David M. Banash, P.C. 375 Totten Pond Road, Suite 102 Waltham, MA 02451-2010 Tel: (781) 290-5855 4 #22-03 Applicant: Josh Schiff 3036 Main Street oii o 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 # SPECIAL PERMIT APPLICATION — Special Event Venue Use VENUE INFORMATION Applicant/Property Owner: Joshua Schiff (Farm Manager) Phone: 1-773-744-9693 Street Address: 3038 Main St, Brewster MA 02631 Map: /0/ Lot: 02[o Mailing Address: 297 Shore Rd. Chatham MA 02633 Business Name: Chatham Bars Inn Farm (CBI Operations LLC) Email: jschiff@chathambarsinn.com EVENT INFORMATION Date(s): 5/14,6/1, 6/2, 6/6, 6/7, 6/8, 6/10, 6/12, 6/17, 6/22, 6/24, 6/29, 7/6, 7/13, 7/19, 7/20, 7/22, 7/26, 7/27 7/29, 8/3, 8/7, 8/10, 8/13, 8/17, 8/24, 8/31, 9/7, 9/19, 9/23, 9/28,10/6, 10/8, 10/13, 10/15 Maximum Number of Guests Anticipated: 40-150 Estimated Number of Vehicles at One Time: 5 - 40 Proposed Hours: 11AM — 10PM Open to Public ■ Invitation Only ■ Test Use: Yes ❑ (if yes, then obtain a permit from the Building Department) No ❑ FOOD, ALCOHOL & ENTERTAINMENT Will there be food offered: Yes ■ No ❑ (If yes, then applicant shall obtain a food service permit from the Health Department) Will there be alcohol drinks* offered? Yes ■ No ❑ (If yes, then applicant shall obtain a separate, one -day liquor license from the Select Board) Will there be entertainment* provided? Yes ■ No ❑ (if yes, a separate entertainment license shall be obtained from the Select Board) *The Liquor and Entertainment licenses may be obtained in one meeting at the Select Board SUBMIT WITH APPLICATION • Narrative describing the proposed event(s) • Scaled site plan indicating property boundaries, existing building locations, driveway, proposed parking, location of event activity and location of portable sanitary facilities (if applicable) ZONING BOARD OF APPEALS Special Event Venue Procedure 1. Applicant submits a completed application to the Zoning Board Clerk with appropriate supporting documents as indicated on application. 2. Application and supporting documents will be distributed to municipal departments including (but not limited to) Health, Building, Fire, Police, Conservation, Natural Resources and Planning for comments. 3. If applicable, municipal departments shall advise the Zoning Board on affecting rules and regulations concerning the proposed special event. 4. The Zoning Board will hold a hearing to consider the application. 5. Special Event permits shall expire on the last day of the calendar year of issuance. 6. Special Event permits shall run with the original applicant. If there is a change in property ownership or applicant then a new permit shall be required. 7. Special Event permits, when issued, comes with the understanding that the Zoning Board has the option to call a hearing to review a Special Event permit upon: a. Any change of use or nature of use, or b. Any traffic problems that arise, or c. Any other unforeseen concerns that are raised that warrant attention. d. Notification of violations of the terms of the Special Event permit: This hearing would have full rights to amend or revoke the original Special Event permit. 8. The Zoning Board has full authority to condition the Special Event permit. 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. Completed application packages include twelve (12) copies of the following: ■ APPLICATION ■ SITE PLAN (to scale) ■ ASSESSOR'S MAP SHOWING THE APPLICANT'S LOT ■ CHECK IN THE AMOUNT OF THREE HUNDRED ($300) DOLLARS 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, this petition 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. Please be advised that it is improper for the Chairman or any member of the Board of Appeals to give legal advice or to discuss the merits of any petition prior to the public hearing. Any Decision of the BOA 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. CBI Farm Special Permit Application (2022) Narrative Description of Proposed Events Chatham Bars Inn Farm 3038 Main St., Brewster MA 02631 The Chatham Bars Inn Farm would like to request 36 permits (the same number as previously requested) for events to be held at the farm for the 2022 season. As per our previous agreement with the ZBA and neighbors, absolutely no events will be held in the "upper event area", which will be returned to agricultural usage. In addition, we will continue to abide by all our commitments agreed to in ZBA appeal decision 2140. The Chatham Bars Inn will submit all necessary permits on a per -event basis (including catering license and one day liquor license). Entertainment will be limited to acoustic performances only, with applications sought for events that will feature performers. All music will cease by 9:00 PM at the latest. All tenting and tent permitting will be handled by Chase Canopy or Sperry Tent. Transportation to and from the hotel will be offered to limit traffic concerns, with the option for individuals to park in our on -premises parking lot for those with accessibility concerns. Transportation will be provided by Cape Destinations. Valet assisted self -parking will also be available for larger events. The menu will be centered on locally grown produce sourced from our own farm and procured from local vendors. We look forward to building a stronger connection with the community and highlighting the importance of local agriculture with these events. Events will be both public and private. The majority of scheduled events will be private and smaller in size. Public events will be available to Brewster residents, hotel guests and the community at large. All necessary COVID related precautions will be implemented in accordance with guidance provided by the state of MA and local health department. LEGEND C .r. SP OT tu x —an— mos. 050 0 �1 war ® 9m ¢. MST 550, um, ANN Ra mo 911E INSTALLER S HALL MDT 150 LOCATIONS OF All U11LmE5 AND ALL BUILDING SEWER OUTLETS AND E LEVA TIONS PRIOR TO INSTALUNO ANY PORTION OF SEPTIC SYS(EN SYSTEM DESIGN: GARBAGE DISPOSER IS NOT ALLOWED 0E 04-aOv -.I470 SF RETAIL 55 30 031/1000 SF 71.5.211_, USE INN. 200 CPD DESIGN FLO(♦ ' USE A DUAL CO4PAR14ENT 1500 CAL SEPTIC TANK 1Fl.CND101 510.4 X (22 4 483) 2 ( .7 4) - 91.3 GPO Borrow 22 4 487 ( .T)-143,1 GPO TOTAL: 317 S F. 2 35 CPO USE (2) 500 GAL H -2D LEACHING 00 040 85 (804E OR 0044,) '5310 25 01ONE AT E NDS ANO 2' AT 5025 'L3/�11 aW DATE A tus uwn K OMI 00,11111 To rev roL 0..ans a. Mal Dal 1 .1. aPPa SYSTEM PROFILE FOUNDATION— 10 ' — SEPTIC T ANK — 43' —1E BOX C OMO x000/44 020 NOT 9KR 9 r01> 1001 IR o1 MC P. ssnC PE PIS 901,3 410 AL SKIM 091110011 9 WALL OR WOOD 111141 WO11111O UPC OR COMPAIOC WARS F OR MOW L oom.. (wr ,w:,5 Omx *4001 so g oo, Acsop oo -,-,/7 COM WOOL PASO OE, O, WC, BROOM P ROW « *1121 ammo ,e=OM OFOEM C OP Y . ar c7 K mwo 21 ' Pc"' / 4 IS 2. 515 .5/3 LS 36' tOYR 5/0 43.8' 38' 4ES 2.Y 7/4: 1./ 140' - 349 ' 120' 140 GROUNDWATER ENCOUNTERED N.IY DORM IN -1 NO OR DAIDIOSER F OAM NOTES • max Nay • Wau a AMA RV O. MOW P IC PNTN 10 IC 1/r PE R PV C M PR OM. PRCuaTTO BC ACID PASO W@ • TO K 11.11R11. . 0ro W L IDE AamA ax¢ n95 sio 040 (00. V) 7. TM PIANISM PROMS= S OPIC OC T IMO ROT TO OF OMR P1Pw A AA m40ri1, sR PIM MP MM 1171I om= vOE ow) O. PP S F OP S OOIC STOMA TD 90A 40-4 1 Pre Cm 0:11APC=.1 07;1; 0 EC 1440:11 20 =CLAM P0011.011 COO P. MOP 1104410 OF ROAM 10 . C OORA aOR OPAL K PC9a mmC FOR 0310 40 1CADO (1-11=-344-77.4m D 1nNm+c 0�� ROM 110 muR1Om®1T m 1PERI C °1MD TM AND 0 05010 { AM OKAmmo PROPOSED 4n 100140 PA /w as \r SOTO mracriCOMM. Is r 944¢ RP3310 CR 5 400() 800 CLL RAW ST- M2 OR A4 0WT D .OWL 4.1 WAD U'R a lr a eur 04 00011800019043 1500 CAL H-10 DUAL COMPARTMENT TANK )41 TO5 014, / TE ST HOLE LO GS .NON AaNE H. OJ MA, PF . SE y1(D(6 1 SNERRIE 40eCULLDU00 n .. NNE 2 2000 PM .. RATE - < 2 0)114/ NC. OF LOCUS MAP SCALE 1'-2000 '* ASSESSORS IMP 101 PARCEL 28 01D ASSESSOR S IM P 13 PARCE L 34-2 LOCUS 15 MI NN FE 40 51.005 ZONE C AS SNOW S ON COMMUNITY PANEL .250003-0009E D ATED 8/4/1987 Z ONING SU MMARY ZONING DISTRICT: R-4 RESIDE NTIAL 41 D -DENSITY 41N. LOT SIT E 60,000 SF . 4114. LOT FRONTAGE 50' MIN. FRO NT 5E18A P( 40 ' MIN. SIDE SETBACK 25' LOT COVERAGE 25 5 MAX 841I DING 0001 1 30 ' SIT E IS NOT LOC ATED WOR M ZONE II WATER PROTECTION DISTRICT OWNER OF RECORD FRA NCIS J. GUILIANO PO BOX 2830 ORIFAN S MA 02053 REFERENCES CtFi 13255841 MCP. 3300-- TITLE 5 SITE PLAN C USS SOILS 45. 7 31 7 120' NO G ROUNow TER END04810t01 475' 3038-3044 MAIN S TR EET BREWS TER, MA - PREPARED FOR F RANCIS GUILIA NO NOVEMBE R 4. 2009 Scold' -20' 0 10 70 SO 40 00 FFET Jaw a cape eaweerlE iaa { 9.19 rAPu r v7 engine er s 1Vy P 6.3.1 lan d surveyo rs OUTH PO PT A/ A 026]5 Ridge Ln �,. Former Event" Space To be returned t o) agricultur al use 2 4 BRF zoN;N INMO OF PsP drag 'row/ c,14 XS a L#1 014/1-C1 ae., Ag- 7102, ...dfuread c ) n, , Joke® etti G -'Gc , 449 i_e_i2,_ t&a / Al it i G2,! 2 .Il ad ,not 0441 G 6/ CSC ('a a t G,‘ zfrza c ` . a 40 0 �'"t o At c? 6emu. '2 ' !M/' 1 , /6, -C'd 42 L c 4cf 03 v C� „to--Cia, � ' h to Za. j a t 1•n _ 71&' 2/'r° i e'er , 9P /4 44, Nat teig gota r iki,/ (Lo-tita a:1r -41-04_4 Application#22-03 www.brewster-ma.gov Page 1 of 2 3/1/2022 DEPARTMENT REVIEWS Application #22-03 APPLICANT/OWNER: Joshua Schiff REPRESENTATIVE: MAP/LOT: Map 101, Lot 26 PROPERTY ADDRESS: 3038 Main Street Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator It does not appear that there are any alterations proposed within the jurisdiction of the Conservation Commission Police Dept. Comments received from Lt. Charles Mawn The police department has no issues Health Dept. Comments received from Sherrie McCullough Due to the limitations of the existing kitchen at the Chatham Bars Inn Farm Stand the current license that is in place is a “Restricted Food Service Permit for Retail Food”. The existing kitchen cannot support the farm to table food events as proposed. To allow these events to take place most of the food preparation takes place at the fully licensed commercial kitchen at the Chatham Bars Inn. Minimal food preparation occurs on site at the CBI Farm. In the past, the events have been permitted for food service under a “Temporary Food Service Permit”. This permit is designated for a food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration. The 36 events proposed for this season (same as last season) continues to expand the intent of the state food code definition of a “Temporary Food Establishment”. If Chatham Bars Inn is a licensed Caterer, events should be covered by submitting a Caterer’s Registration Form in lieu of a Temporary Food Service Permit. The Health Department is available for consultation accordingly if current COVID-19 guidelines should change as a result of a new variant or surge in cases. Building Dept. Comments received from Davis Walters The Zoning Bylaws do not explicitly limit the number of Special Event permits that can be issued for a given location. However, I emailed the CBI Farm manager regarding a request for expansion of their on-site capabilities for their farm-to-table dinners, etc. They are proposing to install a walk-in cooler. Here an excerpt from my response: "As regards the proposed cooler, I am growing concerned that combined with the recently installed dishwasher, septic system upgrades, rest rooms, and a new permit application for another 36 proposed dining events during the coming season, that CBI Farm is quickly becoming as much like a restaurant as it is a farm and nursery. This is a serious zoning consideration in light of the agricultural exemptions originally granted, and all of the restrictions already in place for CBI Farm, such as the 45% maximum limit of Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Application#22-03 www.brewster-ma.gov Page 2 of 2 3/1/2022 total revenue from Special Events, the percentages of food products sold that are grown there vs. produced in MA, etc. as well as others referred to in last year's Special Permit. I do not mean to discourage you from applying for the cooler, I am simply trying to make you aware of what I see as an obvious trend. And I apologize for laying this out in an email response to a simple request for permitting information. I look forward to speaking with you about this." Fire Dept. Comments received from Chief Robert Moran Parking permitted in designated and approved areas only At no time shall vehicles be parked on any internal road, blocking access to any structure or area of event, Fire Department access to all areas including tent is mandatory Natural Resources Dept. Comments received from Chris Miller I believe we have had a discussion on the meaning of “special event”. It seems unreasonable to have 36 special events in one season. Historic District Committee Comments received from Jessica Gelatt The applicant would need to apply to the Historic District if there will be any signage, or temporary structures (i.e., tents) for each event. Both of these can be applied for using the Certificate of Exemption (attached to this email). This is a review at the discretion of the chairperson but given that they are temporary, he usually approves without the need for a meeting. Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS James M. Gallagher, MAA 2198 Main Street Brewster, MA 02631 Deputy Assessor Abutters List Within 300 feet of Parcel 101/26/0 #22-04 Applicant: Sean and Ellen Darcy (Represented by Attorney David M. Banash) 61 Consodine Road \22A\\1UltE Il lls/ii(i/�i/iii// O ..i.ot q 4 May p ,, Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 -� FAX (508) 896-8089 airi ti niinili»lit oS\ •, www.brewster-ma.gov ZBA CASE FILE # G�cal -D APPLICATION FOR BREWSTER ZONIN BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) NAME OF APPLICANT SEAN DARCY and ELLEN DARCY REPRESENTATIVE DAVID M. BANASH PHONE NUMBER OF REPRESENTATIVE: 781-290-5855 MAILING ADDRESS OF REPRESENTATIVE: 375 TOTTEN POND ROAD #102, WALTHAM, MA 02451 PROPERTYADDRESS 61 Consodine Rd, Brewster, MA 02631 CURRENT PROPERTY OWNER(S) SEAN DARCY and ELLEN DARCY REGISTRY OF DEEDS TITLE REFERENCE BOOK 27627 PAGE200 OR CERT. OF TITLE # LAND COURT # PLAN # TOWN MAP # 66 LOT #5 ZONING DISTRICT RM YEAR BUILT 1991 STATEMENT OF PROJECT to demolish and remove the storage shed that currently exists nn the premises and is shown nn the plan entitled "Site Plan" dated November 28, 2011 and attached to the decision and order of the Building Commissioner that is the -subjer..t-of--Zopiag-lioar-d-of-Appgais-Applicatiop-#2-1-23-0,46-to-gonstx-uct--a-new-stor-aga-shosl-of---appr-eximately-tha-same- s.f. and approximately 2' south thereof , approximately per Exhibit A. See Exhibit B for more complete description. % �' //,� 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 STORAGE SHED STREET ADDRESS 61 CONSODINE ROAD MAP # 66 LOT # 5 YEAR BUILT NO LATER THAN 2000 ZONING DISTRICT List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED RIGHT (W) SIDE, N 25 2 ■ 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 FRONTAGE: EXISTING N/A LOT SIZE: N/A REQUIRED N/A LOT COVERAGE EXISTING % N/A SIZE OF PARCEL N/A PROPOSED % N/A ALLOWED % N/A sq. ft. BUILDABLE UPLAND N/A sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE N/A sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES N/A BUILDING HEIGHT: EXISTING N/A SPECIAL PERMITS: sq, ft. PROPOSED N/A M 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. Section 179-25R; to demolish and remove the storage shed that ettrrently exists on the premises and is shown on the plan entitled "Site Plan" dated November 28, 2011 and attached to the decision and order of the Building Commissioner that is the subject of Zoning Board of Appeals Application #21-23 and to construct a new storage shed of approximately the same s.f. approximately 2' south thereof. See Exhibit B for more complete description. VARIANCES: k4 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 [ 1 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 ermit o 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 Exhibit "A" Application of Sean Darcy and Ellen Darcy for Special Permit or in the Alternative for Variance relative to the demolition and construction of a storage shed at 61 Consodine Road, Brewster, Cape Cod Style Shed • 30 Yr Architectural Roofing Shingles to Match House • 10/12 Roof Pitch (2x6 Fir Rafters) • Standard Trim • Gutter/Downspout (18ft/10ft) North Wall only • Fir Timber Frame • 8' Wall Height • Floor Joists 2x8 -14" O.0 • Sonotube or Concrete Piers • 1x12 Pine Board Roofing or 5/8" Tongue/Groove Plywood • 1x12 Pine Board Siding Pre -Primed Clapboard Siding to Match House Color • 5/8" Tongue/Groove Plywood Flooring • Double Door Panels Front with Primed Handles • Single Door Panel Rear with Primed Handle • 12" Hinges Black (9) • 2 Windows 24X41 PVC with Screens Style Example Exhibit "B" Application of Sean Darcy and Ellen Darcy for Special Permit or in the Alternative for Variance relative to the demolition and construction of a storage shed at 61 Consodine Road, Brewster. 1. On July 27, 2021, the Town of Brewster Clerk accepted for filing an Application by Sean and Ellen Darcy ("Applicants") to appeal a decision and order of the Brewster Building Commissioner dated June 29, 2021 ("Decision"). The Clerk docketed the Application as #21-23 ("Appeal"). 2. The Decision involves a shed ("Shed") located on property owned by Sean and Ellen Darcy known as and numbered 61 Consodine Road, Brewster, Assessors' Map 66, Lot 5, as further described in Barnstable Registry of Deeds Book 27627, page 200 ("Darcy Premises"). 3. The attachments to the Decision included an instrument entitled "Site Plan" dated November 28, 2011 ("Site Plan"). The Site Plan shows the Shed marked as such and mostly within but with a small section north of the northerly boarder of the Darcy Premises. 4. The Decision relevantly: a. alleges that the Shed never received a permit from the Brewster Building Department, and that a permit was required because the Shed violated requisite setbacks set out in Brewster Zoning Bylaws; b. alleges that Brewster Historic District Review was required because the Shed was located within the Old Kings Highway Regional Historic District; c. sets out options for the applicants that include petitioning to the Zoning Board of • Appeals to overturn the decision; and d. concludes by stating that applicants must take corrective action to avoid further action as described in Brewster Zoning Bylaw, section 49. 5. In support of the Appeal the Darcys have submitted evidence including but not limited to maps from MassGIS, a service utilized by the Town of Brewster for its own assessors' maps, statements by Sean Darcy including copies of deeds, photographs and to the effect that the Shed has been in continuous existence in its current location and as shown on the Site Plan since before June 29, 2011, indeed before 2002. 1 6. We credit this evidence and find that the Shed has been in continuous existence in its current location since before June 29, 2011, more than 10 years before the Decision. 7. No criminal or civil action, suit or proceeding intended to compel removal, alteration or relocation of the Shed ("Action") has been commenced within 10 years after the Shed was first located in its current location. 8. The Premises are recorded land. 9. No notice of any such Action has been filed with the recorded land division of the Barnstable Registry of Deeds. 10. M. G.L. c. 40A, §7 bars actions to enforce the Town Zoning Bylaw at issue where not commenced within 10 years of the commencement of the alleged violation and where no notice thereof was recorded in the applicable division of the Barnstable Registry of Deeds within that time period. 11. The violation alleged in the Decision commenced more than 10 years before the first alleged enforcement attempt by the Town, and no notice was filed in the applicable division of the Barnstable Registry of Deeds within that time period. 12. The Shed is a pre-existing non -conforming structure withing the meaning of the Town of Brewster Zoning Bylaws c. 179-25 (B). 13. Applicants seek to change, extend or alter the Shed by demolishing it and by erecting a new shed that is no larger than the Shed and will be located approximately within the footprint of the Shed except that it may be approximately up to two feet to the south of the Shed and entirely within the Darcy Premises ("Demolition and Construction"). 14. The demolition of the Shed will eliminate one nonconformity described in the Decision by eliminating any encroachment outside the Darcy Premises. 15. The construction of the new shed approximately up to two feet south of the Shed and entirely within the Darcy Premises will reduce the nonconformity of the setback identified in Table 2 of the Town of Brewster Zoning Bylaws. 16. Such new shed will be less detrimental to the neighborhood than the existing nonconforming use and thus in the words of Brewster Zoning Bylaws c. 179-25 (B) not " substantially more detrimental." 17. Thomas and Colleen Ladd (the "Ladds") own premises known as and numbered 81 Consodine Road, Brewster, Barnstable County, Massachusetts, as evidenced by a Deed dated September 27, 2014, and recorded with the Barnstable County Registry of Deeds in Book 28465, page 75 ("Ladd Premises"). 2 18. The Darcys have obtained a bid for the Demolition and Construction, but which only indicates completion by April, 2023. 19. The Ladds would like to be able to construct a fence on their property by May , 2022, but cannot on account of the alleged encroachment of the Shed. 20. In order to accommodate the Ladds in advance of the Demolition and Construction the Darcys have agreed that by May 31, 2022, they will cause the alleged encroachment to be removed by the minimum necessary distance to accommodate a post (precise future post position currently staked by Ladds on the Property Line on both easterly and westerly' sides of the Shed), erecting a new supporting structure for the Shed and trimming that portion of the roof line of the Shed that would be sufficient to allow a fence section to be erected on the Ladd Premise north of the Shed("Accommodation"). 21. The Accommodation will also eliminate one nonconformity described in the Decision by eliminating any alleged encroachment on the Ladd Premises. 22. Such Accommodation will also be less detrimental to the neighborhood than the existing nonconforming use and thus in the words of Brewster Zoning Bylaws c. 179-25 (13) not " substantially more detrimental." 23. In the alternative, Applicants have applied for a Dimensional Variance pursuant to Section 52 of the Brewster Zoning Bylaw. 24. The Shed is used in part for storage of boats. 25. These boats weigh up to approximately 5,000 pounds and must be transported with appropriate sized boat trailers. This in turn requires the driveway that currently exists at the Shed. 26. The Shed is approximately 11' x 18.' There is no other place along the existing driveway with the setbacks required by table 2 of the Town of Brewster Zoning Bylaws where a structure that size could be placed even were trees •and shrubs to be removed. Most of the existing driveway is in the front of the Darcy house with a smaller portion to the north side where the Shed sits at the end. 27. There is also no other place within the Premises where a new structure approximately 11' x 18' could be located other than on the north side of the Premises without substantial hardship for the Applicants. This is because the topography is not level, large boulders, large trees, shrubs and ledge exist elsewhere on the Premises and currently there is no driveway access except where the Shed is currently located. 3 a, Earth moving equipment, b. Removal of approximately a dozen trees with diameter ranging from 8 — 24", c. Removal of topsoil layers, and d. Gravel, crushed stone and finish stone. 29. Such expenditure would be a substantial hardship for Applicants owing to the soil conditions, shape, and topography of the Premises and the existing house there located but not affecting generally the zoning district in which it is located. 30. The Shed in its proposed location would be out of view to the public. 31. The requested relief could be granted to Applicants without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Brewster zoning bylaw. 4 COMMONWEALTH OF MASSACHUSETTS TOWN OF BREWSTER ZONING BOARD OF APPEALS CASE FILE #22-04 IN RE 61 CONSODINE ROAD, BREWSTER, MASSACHUSETTS APPLICATION FOR SPECIAL PERMIT OR IN THE ALTERNATIVE FOR A DIMENSIONAL VARIANCE ) ) FINDINGS FOR SPECIAL PERMIT AS PROPOSED BY APPLICANTS, SEAN � AND ELLEN DARCY ) After presentation by applicants Sean and Ellen Darcy ("Applicants") at a duly noticed, published and posted public hearing held on March 8, 2022, and after due consideration of all public comment, we, a majority of the Town of Brewster Zoning Board of Appeals hereby find as follows pursuant to G.L.c. 40A, §§6 and 7 and Town of Brewster Zoning Bylaw § 179-51(5) and other law. Facts 1. On July 27, 2021, the Town of Brewster Clerk accepted for filing an Application by Sean and Ellen Darcy ("Applicants") to appeal a decision and order of the Brewster Building Commissioner dated June 29, 2021 ("Decision"). The Clerk docketed the Application as #21-23 ("Appeal"). 2. The Decision involves a shed ("Shed") located on property owned by Sean and Ellen Darcy known as and numbered 61 Consodine Road, Brewster, Assessors' Map 66, Lot 5, as further described in Barnstable Registry of Deeds Book 27627, page 200 ("Darcy Premises"). 3. The attachments to the Decision included an instrument entitled "Site Plan" dated November 28, 2011 ("Site Plan"). The Site Plan shows the Shed marked as such and mostly within but with a small section north of the northerly boarder of the Darcy Premises. 4. The Decision relevantly: 1 a. alleges that the Shed never received a permit from the Brewster Building Department, and that a permit was required because the Shed violated requisite setbacks set out in Brewster Zoning Bylaws; b. alleges that Brewster Historic District Review was required because the Shed was located within the Old Kings Highway Regional Historic District; c. sets out options for the applicants that include petitioning to the Zoning Board of Appeals to overturn the decision; and d. concludes by stating that applicants must take corrective action to avoid further action as described in Brewster Zoning Bylaw, section 49. 5. In support of the Appeal Applicants have submitted evidence including but not limited to maps from MassGIS, a service utilized by the Town of Brewster for its own assessors' maps, Google Earth Pro Version 7.3.4, statements by Sean Darcy including copies of deeds, photographs and to the effect that the Shed has been in continuous existence in its current location and as shown on the Site Plan since before June 29, 2011, indeed before 2002. 6. We credit this evidence and find that the Shed has been in continuous existence in its current location since before June 29, 2011, more than 10 years before the Decision. 7. No criminal or civil action, suit or proceeding intended to compel removal, alteration or relocation of the Shed ("Action") has been commenced within 10 years after the Shed was first located in its current location. 8. The Premises are recorded land. 9. No notice of any such Action has been filed with the recorded land division of the Barnstable Registry of Deeds. 10. M. G.L. c. 40A, §7 bars actions to enforce the Town Zoning Bylaw at issue where not commenced within 10 years of the commencement of the alleged violation and where no notice thereof was recorded in the applicable division of the Barnstable Registry of Deeds within that time period. 11. The violation alleged in the Decision commenced more than 10 years before the first alleged enforcement attempt by the Town, and no notice was filed in the applicable division of the Barnstable Registry of Deeds within that time period. 12. Applicants seek to change, extend or alter the Shed by demolishing it and by erecting a new shed that is no larger than the Shed and will be located approximately within the 2 footprint of the Shed except that it may be approximately up to two feet to the south of the Shed and entirely within the Darcy Premises ("Demolition and Construction"). 13. Thomas and Colleen Ladd (the "Ladds") own premises known as and numbered 81 Consodine Road, Brewster, Barnstable County, Massachusetts, as evidenced by a Deed dated September 27, 2014, and recorded with the Barnstable County Registry of Deeds in Book 28465, page 75 ("Ladd Premises"). 14. Applicants have obtained a bid for the Demolition and Construction, but which only indicates completion by April, 2023. 15. The Ladds would like to be able to construct a fence on their property by May, 2022, but cannot on account of the alleged encroachment of the Shed. 16. In order to accommodate the Ladds in advance of the Demolition and Construction Applicants have agreed that by May 31, 2022, they will attempt to cause the alleged encroachment to be removed by the minimum necessary distance to accommodate a post (precise future post position currently staked by Ladds on the Property Line on both easterly and westerly sides of the Shed), erecting a new supporting structure for the Shed and trimming that portion of the roof line of the Shed that would be sufficient to allow a fence section to be erected on the Ladd Premise north of the Shed ("Accommodation"). 17. Both the Shed in its existing location after the Accommodation and the replacement shed in its new, proposed locations would be out of view to the public. 18. The vegetation surrounding the Shed is substantial and the cutting of surrounding vegetation for the Shed and for the Demolition and Construction of the new shed will be minimal. Conclusions 19. The Shed is a pre-existing non -conforming structure withing the meaning of the Town of Brewster Zoning Bylaw § 179-25 (B). 20. The demolition of the Shed will eliminate one nonconformity described in the Decision by eliminating any encroachment outside the Darcy Premises. 21. The construction of the new shed approximately up to two feet south of the Shed and entirely within the Darcy Premises will reduce the nonconformity of the setback identified in Table 2 of the Town of Brewster Zoning Bylaws. 22. Such new shed will be less detrimental to the neighborhood than the existing nonconforming use and thus in the words of Brewster Zoning Bylaw §179-25 (B) not "substantially more detrimental." 3 23. Both the Accommodation and the new shed in its new location will eliminate one nonconformity described in the Decision by eliminating any alleged encroachment on the Ladd Premises. 24. Such Accommodation and new shed will also be less detrimental to the neighborhood than the existing nonconforming use and thus in the words of Brewster Zoning Bylaws § 179- 25 (B) not "substantially more detrimental." 25. The proposed uses are in harmony with the purpose and intent of the Town of Brewster Zoning Bylaw §179 and will not be detrimental or injurious to the neighborhood in which it is to take place, or to the public. All requirements, standards and conditions for the granting of the special permit have been satisfied. The proposed uses will not be detrimental to the surrounding neighborhood and Town in light of each of the following conditions (1) The proposed uses are in harmony with the purpose and intent of the Town of B.rewster's Comprehensive Plan. (2) The location, type, character and size of the Shed and the replacement shed will be in. harmony with the visual character of the neighborhood, including views and vistas and the historic character of the neighborhood. (3) The site is suitable for the proposed use. (4) Adequate access will be provided for the purpose of fire protection, police protection and other emergency equipment. (5) The streets serving the proposed use are adequate (width, grade, construction, overall safety and design capacity) to carry all prospective traffic and adequate provision is made for entering andleaving the proposed site such that no undue hazard to traffic congestion will be created. (6) The proposed use/development has incorporated applicable trip reductionmeasures, where possible, in order to minimize vehicular trips to and from the site. (7) Adequate parking andloading facilities are provided in accordance with the Brewster Zoning Bylaw § 179-22. (8) The site will be suitably landscaped to protect the character of the neighborhood and adjacent property. (9) The proposed use has an adequate method of sewage disposal, source of water and. drainage. 4 (10) Adequate utilities and other public services will be provided. (11) The proposed use will not result in the degradation of groundwater quality or coastal water quality off site. (12) The location and design of buildings, roads, parking and loading areas will not cause avoidable damage to wildlife habitats or corridors or to any plant species listed as endangered, threatened or of special concern by the Massachusetts Natural. Heritage and Endangered Species Program. (13) The proposed use complies with all applicable provisions of Brewster Zoning Bylaw §179-51. Respectfully submitted, Applicants, Sean and Ellen Darcy, by their attorney, ,,' -- Dated: March 1, 2022 Y David M. Banash, BBO# 028200 David M. Banash, P.C. 375 Totten Pond Road, Suite 102 Waltham, MA 02451-2010 Tel: (781) 290-5855 5 COMMONWEALTH OF MASSACHUSETTS TOWN OF BREWSTER ZONING BOARD OF APPEALS CASE FILE #22-04 IN RE 61 CONSODINE ROAD, BREWSTER, MASSACHUSETTS APPLICATION FOR SPECIAL PERMIT OR IN THE ALTERNATIVE FOR A DIMENSIONAL VARIANCE ) FINDINGS FOR VARIANCE AS PROPOSED BY APPLICANTS, SEAN ) AND ELLEN DARCY After presentation by applicants Sean and Ellen Darcy ("Applicants") at a duly noticed, published and posted public hearing held on March 8, 2022, and after due consideration of all public comment, we, a majority of the Town of Brewster Zoning Board of Appeals hereby find as follows pursuant to G.L.c. 40A, §§7 and 10 and Town of Brewster Zoning Bylaw § 179-52 and other law. Facts 1. On July 27, 2021, the Town of Brewster Clerk accepted for filing an Application by Sean and Ellen Darcy ("Applicants") to appeal a decision and order of the Brewster Building Commissioner dated June 29, 2021 ("Decision"). The Clerk docketed the Application as #21-23 ("Appeal"). 2. The Decision involves a shed ("Shed") located on property owned by Sean and Ellen Darcy known as and numbered 61 Consodine Road, Brewster, Assessors' Map 66, Lot 5, as further described in Barnstable Registry of Deeds Book 27627, page 200 ("Darcy Premises"). 3. The attachments to the Decision included an instrument entitled "Site Plan" dated November 28, 2011 ("Site Plan"). The Site Plan shows the Shed marked as such and mostly within but with a small section north of the northerly boarder of the Darcy Premises. 4. The Decision relevantly: 1 a. alleges that the Shed never received a permit from the Brewster Building Department, artment and that a permit was required because the Shed violated requisite setbacks set out in Brewster Zoning Bylaws; b. alleges that Brewster Historic District Review was required because the Shed was located within the Old Kings Highway Regional Historic District; c. sets out options for the applicants that include petitioning to the Zoning Board of Appeals to overturn the decision; and d. concludes by stating that applicants must take corrective action to avoid further action as described in Brewster Zoning Bylaw, section 49. 5. In support of the Appeal Applicants have submitted evidence including but not limited to maps from MassGIS, a service utilized by the Town of Brewster for its own assessors' maps, statements by Sean Darcy including copies of deeds, photographs and to the effect that the Shed has been in continuous existence in its current location and as shown on the Site Plan since before June 29, 2011, indeed before 2002. 6. We credit this evidence and find that the Shed has been in continuous existence in its current location since before June 29, 2011, more than 10 years before the Decision. 7. No criminal or civil action, suit or proceeding intended to compel removal, alteration or relocation of the Shed ("Action") has been commenced within 10 years after the Shed was first located in its current location. 8. The Premises are recorded land. 9. No notice of any such Action has been filed with the recorded land division of the Barnstable Registry of Deeds. 10. M. G.L. c. 40A, §7 bars actions to enforce the Town Zoning Bylaw at issue where not commenced within 10 years of the commencement of the alleged violation and where no notice thereof was recorded in the applicable division of the Barnstable Registry of Deeds within that time period. 11. The violation alleged in the Decision commenced more than 10 years before the first alleged enforcement attempt by the Town, and no notice was filed in the applicable division of the Barnstable Registry of Deeds within that time period. 12. Applicants seek to change, extend or alter the Shed by demolishing it and by erecting a new shed that is no larger than the Shed and will be located approximately within the footprint of the Shed except that it may be approximately up to two feet to the south of the Shed and entirely within the Darcy Premises ("Demolition and Construction"). 2 13. Thomas and Colleen Ladd (the "Ladds") own premises known as and numbered 81 Consodine Road, Brewster, Barnstable County, Massachusetts, as evidenced by a Deed dated September 27, 2014, and recorded with the Barnstable County Registry of Deeds in Book 28465, page 75 ("Ladd Premises"). 14. Applicants have obtained a bid for the Demolition and Construction, but which only indicates completion by April, 2023. 15. The Ladds would like to be able to construct a fence on their property by May, 2022, but cannot on account of the alleged encroachment of the Shed. 16. In order to accommodate the Ladds in advance of the Demolition and Construction Applicants have agreed that by May 31, 2022, they will attempt to cause the alleged encroachment to be removed by the minimum necessary distance to accommodate a post (precise future post position currently staked by Ladds on the Property Line on both easterly and westerly sides of the Shed), erecting a new supporting structure for the Shed and trimming that portion of the roof line of the Shed that would be sufficient to allow a fence section to be erected on the Ladd Premise north of the Shed ("Accommodation"). 17. Both the Shed in its existing location after the Accommodation and the replacement shed in its new, proposed locations would be out of view to the public. 18. The vegetation surrounding the Shed is substantial and the cutting of surrounding vegetation for the Shed and for the Demolition and Construction of the new shed will be minimal. 19. In the alternative, Applicants have applied for a Dimensional Variance pursuant to Section 52 of the Brewster Zoning Bylaw. 20. The Shed is used in part for storage of boats. 21. These boats weigh up to approximately 5,000 pounds and must be transported with appropriate sized boat trailers. This in turn requires the driveway that currently exists at the Shed. 22. The Shed is approximately 11' x 18.' There is no other place along the existing driveway with the setbacks required by table 2 of the Town of Brewster Zoning Bylaws where a structure that size could be placed even were trees and shrubs to be removed. Most of the existing driveway is in the front of the Darcy house with a smaller portion to the north side where the Shed sits at the end. 23. There is also no other place within the Premises where a new structure approximately 11' x 18' could be located other than on the north side of the Premises without substantial hardship for the Applicants. This is because the topography is not level, large boulders, 3 large trees, shrubs and ledge exist elsewhere on the Premises and currently there is no driveway access except where the Shed is currently located. 24. Applicants estimate that the costs of installing a driveway, removing the trees, shrubs, ledge and rock necessary for such a new shed on the south side of the Premises would be significant and would involve at least the following: a. Earth moving equipment, b. Removal of approximately a dozen trees with diameter ranging from 8 — 24", c. Removal of topsoil layers, and d. Gravel, crushed stone and finish stone. ("Expenditure") Conclusions 25. The Expenditure would be a substantial hardship for Applicants owing to the soil conditions, shape, and topography of the Premises and the existing house there located but not affecting generally the zoning district in which it is located. 26. The requested relief could be granted to Applicants without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Brewster zoning bylaw. Respectfully submitted, Applicants, Sean and Ellen Darcy, by their attorney, ,---- Dated: March 1, 2022 /41/1*--/( David M. Banash, BBO# 028200 David M. Banash, P.C. 375 Totten Pond Road, Suite 102 Waltham, MA 02451-2010 Tel: (781) 290-5855 4 Application#22-04 www.brewster-ma.gov Page 1 of 1 3/1/2022 DEPARTMENT REVIEWS Application #22-04 APPLICANT/OWNER: Sean and Ellen Darcy REPRESENTATIVE: David M. Banash MAP/LOT: Map 66, Lot 5 PROPERTY ADDRESS: 61 Consodine Road Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator It does not appear that there are any alterations proposed within the jurisdiction of the Conservation Commission Police Dept. Comments received from Lt. Charles Mawn The police department has no issues Health Dept. Comments received from Sherrie McCullough The relocation of the shed will require review by the Health Department to confirm access to the existing septic components is not impeded or subject to damage. Building Dept. Comments received from Davis Walters Applicant is arguing that by replacing the existing non-conforming shed with a new shed that is moved approximately 2 feet so as to move it off the lot line, he is complying with 179-25 (B) saying that it is essentially reducing the overall non-conformity. However, if the language in the Bylaw is taken literally, then replacement of the shed in question is not an option under 179-25(B). § 179-25 Extensions and alterations A.As provided in MGL c. 40A, § 6, a nonconforming single- or two-family dwelling may be altered or extended, provided that the Inspector of Buildings determines that doing so does not increase the nonconforming nature of said structure. B. Other pre-existing nonconforming structures or uses may be changed, extended or altered on special permit from the Board of Appeals, if the Board of Appeals finds that such change, extension or alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming use Fire Dept. Comments received from Chief Robert Moran The Fire Department has no issues with the application Natural Resources Dept. Comments received from Chris Miller The Natural Resources has no issues with the application Historic District Committee Comments received from Jessica Gelatt The Historic District Committee has the demolition of the shed at 61 Consodine Road on the schedule for our 3/7/2022 meeting and the rebuilding of the shed on the 3/21/2022 meeting schedule. (demolition and rebuilds must be heard separately). They have not yet applied for a demolition or building permit through the building department. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov FFI RIORAjOj iunnumiumnm��\e TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 66/5/0 90 66/6/0 C NSODINE R 66/28 1 SODIN • D 29/0 SODIN 66/4/0 �NSODINE, R