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HomeMy Public PortalAboutZBA Meeting Packet 02/08/22 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 February 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: #22-01 Applicant: Jon and Ellen Gezotis, (Represented by Attorney James M. Norcross) 89 Byfield Cartway, Map 50, Lot 8 in the RM zoning district. The applicants seek a special permit pursuant to section 179-25 of the Brewster Zoning bylaw to change, extend or alter a pre-existing non-conforming structure. The existing dwelling will be demolished and a new structure will be built in a slightly different location on the lot. #22-02 Applicant: Amy Chesnut, 716 Main Street, Map 26, Lot 59 in the RM zoning district. The applicant seeks a special permit pursuant to section 179-42.2 of the Brewster zoning bylaw for an accessory dwelling unit (ADU) within an existing single-family dwelling, with modifications to existing special permit for the operation of the Bed and Breakfast 7. Matters Not Reasonable Anticipated by the Chair 8. Next Meeting: March 8, 2022 9. Adjournment Date Posted: Date Revised: Received by Town Clerk: 1/13/2022 Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, January 11th, 2022, at 7PM Virtual Meeting Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Art Stewart, Jeff Carter, Patricia Eggers, Jeannie Kampas and Bruce MacGregor. A quorum was determined. Also present: Applicants: Attorney David Banash, Sean Darcy, Attorney John Kanaga 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 December 14th meeting minutes Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by Pat to approve the December 14th meeting minutes, Art second the motion, a vote was taken and the minutes were unanimously approved. Continued Applications: Application Review of #21-23 Applicant: Sean and Ellen Darcy, (Represented by Attorney David M. Banash), 61 Consodine Road. Members present and voting: Art Stewart, Pat Eggers, Bruce MacGregor, Jeanne Kampas and Brian Harrison Brian turned the meeting over to Attorney David Banash. Attorney Banash requested a continuance due to pending discussion between the applicants and neighbors. He informed the Board that part of the settlement may include a request for a special permit or variance. He stated that he has had discussions with the Building Commissioner, and the applicant may qualify for a special permit. Brian Harrison informed Attorney Banash that if the applicant was not legally pre-existing non-conforming he would not qualify for a special permit unless the Board grants a statute of limitation in which the change in the bylaw would allow the applicant to request a special permit. Attorney Banash agreed that if that was the case, they could move the shed away from the property line within the 20ft setback, which would reduce or eliminate some parts of the non-conformity that currently exists. He discussed options that would be accommodating to both the applicant and the neighbors. He suggested eliminating the old shed completely and build a new structure. He asked the Board to provide guidance on the suggested solution. Brian Harrison stated he could not speak for the Board but felt that a settlement would be welcomed. He again reminded Attorney Banash that in order to qualify for a special permit it has to be determined that the shed was legally created and then became non-conforming or the Board is going to have to make a determination that it meets the 10 year statute of limitations. Brian then polled the Board for their thoughts. Bruce asked if there would be a fence on the property line. Attorney Banash confirmed that the neighbor will put up a fence on their property line. Art stated that this was a big step ahead and agreed to move forward. Pat also agreed that a special permit would be a good solution. Brian stated the Board would have to make a finding that the shed satisfied the 10 year statute of limitation. Jeannie agreed and expressed concern of the Board speaking to the merits of the application when there is not one before the Board at this time. She recommended that the parties come to an agreement pending the decision of the Board. Then the applicant can present to the Board at the next meeting. Attorney Banash thanked the Board for the comments. Attorney Kanaga representing the Ladds (neighbors) spoke to the Board indicating that his clients have expressed frustration with the amount of time this issue has taken. He informed the Board that his clients would be amicable if the special permit came with a withdrawal of the appeal from the Building Commissioner and the issue was resolved all at once. Pat Eggers made a motion to continue until the February 8th meeting, Jeannie second Page 2 of 2 the motion, a vote was taken, and the Board unanimously voted to continue ZBA case #21-23 until the February 8th meeting. Matters Not Reasonably Anticipated by the Chair: None Brian informed the Board that an interested party has reached out to join as a new member. Brian spoke with the interested party and thought they would be a good fit. More to come. The next meeting of the Brewster Zoning Board of Appeals is scheduled for February 8th, 2022. Pat made a motion to adjourn the meeting, Art second the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. Meeting adjourned at 7:18 pm. No Additional Materials #21-23 Applicant: Sean and Ellen Darcy (Represented by Attorney David M. Banash) 61 Consodine Road #22-01 Applicant: Jon and Ellen Gezotis (Represented by Attorney James M. Norcross) 89 Byfield Cartway 9r• '44 pk. ORPORA5os 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 # 01-2 ~ oI APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) NAME OF APPLICANTJON AND ELLEN GEZOTIS REPRESENTATIVE JAMES M. NORCROSS ESQ. PHONE NUMBER MAILING ADDRESS 24 MEADOW DRIVE, HANOVER, MA 02339 PROPERTYADDRESS 89 BYFIELD CARTWAY, BREWSTER, MA CURRENT PROPERTY OWNER(S) JON AND ELLEN GEZOTIS REGISTRY OF DEEDS TITLE REFERENCE BOOK 33689 CERT. OF TITLE # PLAN # LAND COURT # TOWN MAP # 50 LOT its PAGE178 OR ZONING DISTRICT RM YEAR BUILT 1940 STATEMENT OF PROJECT THE APPLICANT PROPOSES DEMOLISHING THE EXISTING DWELLING AND DECK AT THE PROPERTY AND BUILDING A NEW FOUR BEDROOM DWELLING AND DECK. SIGNA 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. E NER ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 1 of 4 DATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other PRIMARY HOUSE STREET ADDRESS 89 BYFIELD CARTWAY YEAR BUILT 1940 MAP # 50 LOT #8 ZONING DISTRICT RM List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED EAST SIDE WEST SIDE 8.5' 21.4' 25' 25' 5.0' 17.3' • Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, • Existing is the setback that currently exists on'the ground ■ Required is the applicable setback required currently in the Brewster zoning bylaw ■ Proposed is the setback being requested FRONTAGE: EXISTING 31.8' LOT SIZE: 13,527 S.F. REQUIRED 150' LOT COVERAGE EXISTING % 6.4% PROPOSED % 9.9% ALLOWED % 25% SIZE OF PARCEL 13,527 sq. ft. BUILDABLE UPLAND 13,527 sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE 863 (EXIST) sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES N/A sq, ft. BUILDING HEIGHT: EXISTING PROPOSED 29.4' SPECIAL PERMITS: Gif APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. ZBA SPECIAL PERMIT/VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. THE APPLICANTS SEEK A SPECIAL PERMIT PURSUANT TO SECTION 179.25 OF THE BREWSTER ZONING BYLAW TO CHANGE, EXTEND, OR ALTER A PRE-EXISTING NON -CONFORMING STRUCTURE. THE EXISTING DWELLING WILL BE DEMOLISHED AND A NEW STRUCTURE WILL BE BUILT IN A SLIGHTLY DIFFERENT LOCATION ON THE LOT. VARIANCES: ❑ APPLICATION FOR VARIANCE AS SET FORTH IN M.G.L. 40A, § 10 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE VARIANCE IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. In order to grant a Variance, the ZBA must find all three of the following to be true: ❑ Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and ❑ A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and ❑ That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law ❑ APPEAL IN ACCORDANCE WITH M.G.L. 40 A, § 8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4 ZONING BOARD OF APPEALS FILING PROCEDURES Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am — 4:00 pm Monday- Friday. Complete application (12 copies) checklist: Gd Application II Professionally engineered site plan VI Assessor's map showing the applicant's lot E Building plans, including floor layout, elevations and dimensions Gil Decision letter from the zoning agent, if applicable vi $300 Filing Fee (made payable by check) Photographs are recommended. Please also provide one (1) pdf or electronic copy of the completed application package. An Abutter's List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted of the Meeting Board on the main floor of the Town Offices. A copy of the Zoning -By -Law, Chapter 179, is available at the Brewster Ladies' Library. It may also be purchased at the Town Offices for $25.00 or downloaded without charge from The Town of Brewster e -code website: http://www.ecode360.com/BR1068 Any Decision of the Board of Appeals may be appealed to Superior Court, Land Court or District Court within twenty (20) days from the time that the decision is filed with the Town Clerk. ZBA SPECIAL PERMIT/VARIANCE/APPEAL APP. REVISED 10-02-2017 Page 4 of 4 J.M. O'REILLY & ASSOCIATES, INC. 7-1 PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting November 19, 2021 JMO-8903A Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 RE: NOTICE OF INTENT Gezotis Family 89 Byfield Cartway, Brewster, MA Assessor's Map 50, Parcel 8 Dear Commission Members, On behalf of our clients, Jon & Ellen Gezotis, J.M. O'REILLY & ASSOCIATES, INC. is submitting Site & Sewage Disposal Design Plans (Site Plan), and Architectural Plans outlining the replacement of the single family dwelling within the 100 foot buffer zone to a Coastal Bank, at the property as referenced. The property is located off ByField Cartway and is served by an existing 4 bedroom dwelling, approximately 13,527 of land area and direct frontage on Cape Cod Bay. Wetland Resources include a Coastal Beach, Coastal Bank, and Land Subject to Coastal Storm Flowage (LSCSF). The 50 & 1000 foot buffers have been measured from the Top of Coastal bank. The project includes removing the existing dwelling and replacing it with a new dwelling further from wetland resources than what exists. Included with this upgrade will be a new sewage disposal system, located as far from the wetland resources as physically possible on the property. Due to the small lot size, lot configuration the new dwelling will be located within the 50' buffer zone. The project also includes permitting the existing beach access stairway and the ability to repair the structure. The existing stairs are located within the Coastal Bank. J.M. O'REILLY & ASSOCIATES, INC. hereby requests a variance from the Brewster Wetland bylaw to complete work in the 50 buffer zone to the Coastal Bank, within a Coastal Bank & Coastal Beach. Also, required is an alternatives analysis for the proposed project. Alternative one, is the current application. The new dwelling will be located further from wetland resources than the existing. Please refer to the Site Plan for the existing and proposed dwelling location. 1573 MAIN STREET, P.O. Box 1773, BREWSTER, MA 02631 • PI -TONE: (508) 896-6601 • FAX: (508) 896-6602 WWW.JMOREILLYASSOC.COM Alternative two, would be to renovate the existing structure and put on an addition. This work would further encroach on the Coastal Bank, as the existing dwelling is located almost totally within the 50' buffer zone. Alternative three, would be to do nothing. This option would not allow the family to update the dwelling, that was constructed in the year 1940. The existing structure is in need of new structural supports, and minor interior renovations. Mitigation for the Project is proposed in the form of removing lawn area and invasive species removal along the Coastal Bank and revegetating the area with native shrubs. Please refer to the site plan for planting detail and area table outlining site disturbance areas and mitigation areas. Suggested mitigation ratios of 2:1 in the 50 Foot Buffer and 1:1 in the 100 Foot Buffer, have been met, please refer to the existing and proposed area tables on the Proposed Site Plan. Please also refer to the Planting Detail, for species proposals and Conservation notes. J.M. O'REILLY AND ASSOCIATES, INC., will be present at the public (virtual) hearing dated December 14, 2021 to review the project in detail and answer any questions the Commission may have. Please contact our office if you need any additional information at this time. Very t J. Civil Engineer Matthew . Farrell, EIT TES, INC. CC: John M. O'Reilly, P.E., P.L.S. MA DEP John & Ellen Gezotis (A) 0 me d ata s hown on this sae a re oro vole 0 fo r mto rmatlona l an d pla nning purpo ses o nly The to wn and do <o rn.u tants are n ot res pons ible fo r the misuse or misrepres enta tion of the da ta 200 400 ft Printed on 12/07/2021 at 05:28 PM - :-7 1 1.87 207 't Edge of Paveme nt Bu ildings Parcels To wn Boundary MA Hi hwa Interst ate US Highway Numbered Routes Abutting Towns Bathym0.ett5ftryry 5-10 ft 10-15 ft 15-20 ft "_tT±t 2030 ft ME 30-40 ft 40-50 ft BM 50-60 ft Streets Egti MapsOnline by PeopleGIS -4. �yll,uy�g,�U,.4:GJilt�I —BARNSPABLE ' ^`�"i� Y.'S-U,-C( REGISTRY OF DEFA S /.or JUI.1. 81958 rr.� ®u IV G J CC 1.4.14_0_0_M.4_111 RECORD D M LJ� X07: C 1 it /u �a 0.o a QO/eef February 27, 1826, .e ,441. � le/logg - Civil Engineers. ��,pp)s�¢�Q(���,QOQ.f[[[�jjj �,,d �} l v4 CpN7ECiVIL[ E, Cyr �G —We/we,� sLTv424“,, I il2tJ " vi 04,,,a404.4 9 6 ZONING TABLE ZONE: (RESIDENTIAL) RM FRONT YARD SETBACK *40 FEET SIDE YARD SETBACKS *25 FEET REAR YARD SETBACKS *25 FEET BUILDING HEIGHT 30 FEET MAX BUILDING COVERAGE 25% FLOOD ZONE: ZONE VE, EL = 15' *LOT(S) CREATED FEBRUARY 1946 PER SUBDIVISION PLAN, BARNSTABLE COUNTY REGISTRY OF DEEDS, PLAN BOOK 142 PAGE 155. SETBACKS MAYBE GRANDFATHERED TO 20' FRONT & 10' SIDE & REAR, TO BE CONFIRMED BY THE BREWSTER BUILDING COMMISSIONER. Existing Building Coverage: Includes House, Steps & Deck(s) STRUCTURE AREA LOT AREA 863 SF 13,527 SF X 100 X100= 6.4% 79 Franklin Cartway Map 50 Parcel 6 Byfield Cartway, LLC 79 Franklin Cartway Brewster, MA 02631 / PLAN SCALE 1"=20' Bottom of Scarp Top of Scarp / / 50' Buffer Zone BENCHMARK' Top of Concrete Bound EL= 49.4'± (NAVD88) / / / / /7.651:— 87 Byfield Cartway Map 50 Parcel 7 ByField Cartway, LLC 79 Byfield Cartway Brewster, MA 02631 100' Buffer II Zone 61.59' CAPE COD BAY (Tidal) CO N CB FN 0 0 Ln 79 Franklin Cartway Map 50 Parcel 6 Byfield Cartway, LLC 79 Franklin Cartway Brewster, MA 02631 Tidal Flats 311212 \NVa 4 Parcel 8 THREE(3) Lots, Cl, C2 & El Area = 13,527±SF Coastal Beach 14.65:.. • . 15.4 0 58.31' 3.87.'••' 5,5 •CB FN +I ti 10,8 u a) UU, 0 c co U, N .0 CB FND • • • • • • • • 3.9'± 4.3'± Plan Book 142 Page 155 Existing Beach Access Stairway Top Coastal Bank irst Floor Deck Second Floor Deck 50' Buffer I Zone 100' Buffer Zone 20 40 60 Existing 4 Bedroom welling TO BE REMOVED 33 Franklin Cartway Map 50 Parcel 12 Robert J. & Cheryl Dolan 50295 Via Sin Prisa La Quinta, CA 92253 xisting Grass Driveway, 1,300±SF SCALE 1"=20' G:\AAJobs\Gezotis-8903A- 89 Byfield Ctwy Brewster\DWG\8903AGezotisExistingZoning.dwg LOCUS co 11 ca- L-eds Ln Gla NOT TO SCALE 73 BREWSTER, MA LOCUS PLAN BOOK 142 CERTIFICATE # 004365 ASSESSORS' MAP 50 PAGE 155 PARCEL 8 X 12.34 24x5 — w- -0- - U- - G— IP ST DB SAS Reserve EH (w) LEGEND 1=1 EXISTING CONTOUR 32 PROPOSED CONTOUR EXISTING SPOT GRADE PROPOSED SPOT GRADE WATER SERVICE LINE OVERHEAD UTILITY SERVICE UNDERGROUND UTILITY SERVICE GAS SERVICE LINE TEST HOLE / BORING LOCATION SEPTIC TANK DISTRIBUTION BOX SOIL ABSORPTION SYSTEM RESERVED FOR FUTURE UTILITY POLE CATCH BASIN FIRE HYDRANT WELL DRAINAGE MANHOLE CONCRETE BOUND, FOUND TOP OF BANK LIMIT OF WORK FENCE EDGE OF CLEARING -44 v��\,N OF 4446,1 ' d� JOHN ti co v'REILLY CO) U ,. Jon & Ellen Gezotis 24 MEADOW DRIVE, HANOVER MA 02339 Existing Zoning Plan 89 BYFIELD CARTWAY, BREWSTER, MA 02631 J.M. O'REILLY & ASSOCIATES, INC. Professional Engineering Sc Land Surveying Services 1573 Main Street — Route 6A P.O. Box 1773 (506)696-6601 Office Brewster, MA 02631 (508)896-6602 Fax DATE: 11/29/21 SCALE: As Noted BY: MTF CHECK: JMO JOB NUMBER: JMO-8903A ZONING TABLE ZONE: (RESIDENTIAL) RM FRONT YARD SETBACK *40 FEET SIDE YARD SETBACKS *25 FEET REAR YARD SETBACKS *25 FEET BUILDING HEIGHT 30 FEET MAX BUILDING COVERAGE 25% FLOOD ZONE: ZONE VE, EL = 15' *LOT(S) CREATED FEBRUARY 1946 PER SUBDIVISION PLAN, BARNSTABLE COUNTY REGISTRY OF DEEDS, PLAN BOOK 142 PAGE 155. SETBACKS MAYBE GRANDFATHERED TO 20' FRONT & 10' SIDE & REAR, TO BE CONFIRMED BY THE BREWSTER BUILDING COMMISSIONER. Existing Building Coverage: Includes House, Steps & Deck(s) STRUCTURE AREA LOT AREA X 100 863 SF X100= 6.4% 13,527 SF PROPOSED BUILDING COVERAGE: Includes House, Steps, Decks, Front Entry & Roof Overhangs STRUCTURE AREA X 100 LOT AREA 1,337 SF X 100 = 9.9% 13,527 SF 79 Franklin Cartway Map 50 Parcel 6 Byfield Cartway, LLC 79 Franklin Cartway Brewster, MA 02631 / rte/ / PLAN SCALE 1"=20' Bottom of Scarp Top of Scarp I l / 5.5 10.8 CAPE COD BAY (Tidal) Tidal Flats Parcel 8 THREE(3) Lots, Cl, C2 & El Area = 13,527±SF Coastal Beach 00 N 1.2 I CB FN I / 50' Buffer Zone CB FND 1 BENCHMARK! Top of Concrete Bound EL= 49.4'± (NAVD88) / I I I 87 Byfield Cartway Map 50 Parcel 7 ByField Cartway, LLC 79 Byfield Cartway Brewster, MA 02631 100' Buffer Zone • 61.59' Bo d Ui • 58.31' 79 Franklin Cartway Map 50 Parcel 6 Byfield Cartway, LLC 79 Franklin Cartway Brewster, MA 02631 3.87.'••• 3 CU U c ro a CB FND -i Existing Beach Access Stairway Top Coastal Bank Existing Dwelling & Decks TO BE REMOVED 50' Buffer Zone 0 20 40 60 Plan Book 142 Page 155 33 Franklin Cartway Map 50 Parcel 12 Robert J. & Cheryl Dolan 50295 Via Sin Prisa La Quinta, CA 92253 xisting Grass Driveway, 1,300±SF SCALE 1"=20' G:\AAJobs\Gezotis-8903A- 89 Byfield Ctwy Brewster\DWG\8903AGezotisPROPOSEDZoning.dwg LOCUS co l CD - eds Ln NOT TO SCALE BREWSTER, MA LOCUS PLAN BOOK 142 CERTIFICATE # 004365 ASSESSORS' MAP 50 PAGE 155 PARCEL 8 LEGEND I=1 EXISTING CONTOUR 32 PROPOSED CONTOUR EXISTING SPOT GRADE PROPOSED SPOT GRADE WATER SERVICE LINE OVERHEAD UTILITY SERVICE UNDERGROUND UTILITY SERVICE GAS SERVICE LINE TEST HOLE / BORING LOCATION SEPTIC TANK DISTRIBUTION BOX SOIL ABSORPTION SYSTEM RESERVED FOR FUTURE UTILITY POLE CATCH BAS I N FIRE HYDRANT WELL Q DRAINAGE MANHOLE ■ CONCRETE BOUND, FOUND — W — TOP OF BANK —x—x— LIMIT OF WORK FENCE EDGE OF CLEARING X12.34 24x5 — W- - 0- - U- - GTP — 0 ST DB SAS Reserve BEI () Jon & Ellen Gezotis 24 MEADOW DRIVE, HANOVER MA 02339 PROPOSED ZONING PLAN 89 BYFIELD CARTWAY, BREWSTER, MA 02631 J.M. O'REILLY & ASSOCIATES, INC. Professional Engineering & Land Surveying Services 1573 Main Street — Route BA P.O. Box 1773 (508)896-6601 Office Brewster, MA 02631 (508)898-6602 Fax DATE: 11/29/21 SCALE: As Noted BY: MTF CHECK: JMO JOB NUMBER: JMO-8903A GENERAL NOTES: A.) NEITHER DRIVEWAYS NOR PARKING AREAS ARE ALLOWED OVER SEPTIC SYSTEM UNLESS H-20 COMPONENTS ARE USED. B.)THE DESIGNER WILL NOT BE RESPONSIBLE FOR THE SYSTEM AS DESIGNED UN- LESS CONSTRUCTED AS SHOWN. ANY CHANGES SHALL BE APPROVED IN WRITING. C.) CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE LOCATION OF ALL UNDERGROUND AND OVERHEAD UTILITIES PRIOR TO COMMENCEMENT OF WORK. CONSTRUCTION NOTES: 1,) ALL CONSTRUCTION SHALL CONFORM TO THE STATE ENVIRONMENTAL CODE, TITLE 5, ANDTHE REQUIREMENTS OF THE LOCAL BOARD OF HEALTH. 2.) SEPTIC TANK(S), GREASE TRAP(S), DOSING CHAMBER(S) AND DISTRIBUTION BOX(ES) SHALL BE SET ON A LEVEL STABLE BASE WHICH HAS BEEN MECHANICALLY COMPACTED, OR ON A 6 INCH CRUSHED STONE BASE. 3.) SEPTIC TANK(S) SHALL MEET ASTM STANDARD C1127-93 AND SHALL HAVE AT LEAST THREE 20" DIAMETER MANHOLES. THE MINIMUM DEPTH FROM THE BOT- TOM OF THE SEPTIC TANK TO THE FLOW LINE SHALL BE 48". 4.) SCHEDULE 40 PVC INLET AND OUTLET TEES SHALL EXTEND A MINIMUM OF 6" ABOVE THE FLOW LINE OF THE SEPTIC TANK AND SHALL BE INSTALLED ON THE CENTERLINE OF THE TANK DIRECTLY UNDER THE CLEAN OUT MANHOLE. 5.) RAISE COVERS OF THE SEPTIC TANK AND DISTRIBUTION BOX WITH PRECAST CONCRETE WATERTIGHT RISERS OVER INLET AND OUTLET TEES TO WITHIN 6" OF FINISH GRADE, OR AS APPROVED BY THE LOCAL BOARD OF HEALTH AGENT, 6.) PIPING SHALL CONSIST OF 4" SCHEDULE 40 PVC OR EQUIVALENT. PIPE SHALL BE LAID ON A MINIMUM CONTINUOUS GRADE OF NOT LESS THAN 1%. 7.) DISTRIBUTION LINES FOR SOIL ABSORPTION SYSTEM (AS REQUIRED) SHALL BE 4" DIAMETER SCHEDULE 40 PVC LAID AT 0.005 FT/FT. LINE SHALL BE CAPPED AT END OR AS NOTED. 8.) OUTLET PIPES FROM DISTRIBUTION BOX SHALL REMAIN LEVEL FOR AT LEAST 2' BEFORE PITCHING TO SOIL ABSORPTION SYSTEM. WATER TEST DISTRIBUTION BOX TO ASSURE EVEN DISTRIBUTION. 9,) DISTRIBUTION BOX SHALL HAVE A MINIMUM SUMP OF 6" MEASURED BELOW THE OUTLET INVERT. 10.) BASE AGGREGATE FOR THE LEACHING FACILITY SHALL CONSIST OF 3/4" TO 1-1/2" DOUBLE WASHED STONE FREE OF IRON, FINES AND DUST AND SHALL BE INSTALLED BELOW THE CROWN OF THE DISTRIBUTION LINE TO THE BOTTOM OF THE SOIL ABSORPTION SYSTEM. BASE AGGREGATE SHALL BE COVERED WITH A 2" LAYER OF 1/8" TO 1/2" DOUBLE WASHED STONE FREE OF IRON, FINES AND DUST. 11.) VENT SOIL ABSORPTION SYSTEM WHEN DISTRIBUTION LINES EXCEED 50 FEET; WHEN LOCATED EITHER IN WHOLE OR IN PART UNDER DRIVEWAYS, PARKING AREAS, TURNING AREAS OR OTHER IMPERVIOUS MATERIAL; OR WHEN PRESSURE DOSED. 12.) SOIL ABSORPTION SYSTEM SHALL BE COVERED WITH A MINIMUM OF 9" OF CLEAN MEDIUM SAND (EXCLUDING TOPSOIL), 13.) FINISH GRADE SHALL BE A MAXIMUM OF 36" OVER THE TOP OF ALL SYSTEM COMPONENTS, INCLUDING THE SEPTIC TANK, DISTRIBUTION BOX, DOSING CHAMBER AND SOIL ABSORPTION SYSTEM. SEPTIC TANKS SHALL HAVE A MINIMUM COVER OF 9". 14.) FROM THE DATE OF INSTALLATION OF THE SOIL ABSORPTION SYSTEM UNTIL RECEIPT OF A CERTIFICATE OF COMPLIANCE, THE PERIMETER OF THE SOIL ABSORP- TION SYSTEM SHALL BE STAKED AND FLAGGED TO PREVENT THE USE OF SUCH AREA FOR ALL ACTIVITIES THAT MIGHT DAMAGE THE SYSTEM, 15.)SUBSURFACE COMPONENTS OF A SYSTEM SHALL NOT BE BACKFILLED OR OTHERWISE CONCEALED FROM VIEW UNTIL A FINAL INSPECTION HAS BEEN CONDUCTED BY THE APPROVING AUTHORITY AND PERMISSION HAS BEEN GRANTED BY THE APPROVING AUTHORITY TO BACKFILLTHE SYSTEM. THE DESIGNER SHALL INSPECT THE CONSTRUCTION AFTER THE INITIAL EXCAVATION, PRIOR TO BACKFILLING, AND DURING BACKFILLING. IN ADDITION, THE FINAL INSPECTION OF THE SYSTEM SHALL BE CONDUCTED BY THE APPROVING AUTHORITY, THE SYSTEM INSTALLER AND DESIGNER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO 310 CMR 15.021(3). ANY COMPONENT OF THE SYSTEM WHICH HAS BEEN COVERED WITHOUT SUCH PERMISSION SHALL BE UNCOVERED UPON REQUEST OF THE APPROVING AUTHORITY OR THE DEPARTMENT. 16.) OWNER/ BUILDER SHALL REVIEW HOUSE LOCATION, GRADING AND TOP OF FOUNDATION ELEVATION PRIOR TO START OF CONSTRUCTION. 17.) EXISTING SEPTIC SYSTEM TO BE REMOVED. ANY CONTAMINATED SOIL WITHIN 5' OF THE PROPOSED SOIL ABSORPTION SYSTEM SHALL BE REMOVED AND REPLACED WITH CLEAN SAND. AREA TO BE COMPACTED TO MINIMIZE SETTLING. 18.) INSTALLER TO CONFIRM LOCATION OF ALL UNDERGROUND AND OVERHEAD UTILITIES PRIOR TO START OF CONSTRUCTION. 19.) WATER SERVICE SLEEVE: WATER LINE SHALL BE SLEEVED IN SCHEDULE 40 PVC PIPE WITHIN 10 FEET OF SEPTIC TANK AND SOIL ABSORPTION SYSTEM. FLOW PROFILE: NOT TO SCALE TOP OF FOUNDATION EL= 49.0± 46.30 - 24" CI COVER TO GRADE USE C.I. RING & COVER EJIW LA248 & L24C01 Proposed EL= 48.5± SOIL TEST LOGS: TEST HOLE 1: EL=50.0± DEPTH FROM SURFACE (INCHES) SOIL HORIZON SOIL TEXTURE (USDA) SOIL COLOR (MUNSELL) SOIL MOTTLING OTHER 0-12" A Fine Sandv_Loam 10YR4/2 NONE 12-36" B Fine Sandy Loam 10YR5/3 NONE 36-134" Cl Medium/Coarse Sand 10YR6/4 NONE TEST HOLE 2: EL=50.6± FROM SURFACE (INCHES) HORIZON HORIZON TEXTURE (USDA) COLOR (MUNSELL) MOTL TLING OTHER 0-12" A Fine Sandy Loam 10YR4/2 NONE 12-36" B Fine Sandy Loam 10YR5/3 NONE PERC @ 56" RATE <2MIN/IN 36.148" Cl Medium/Coarse Sand 10YR6/4 NONE TIME: 9:45, <9" IN PERC DATE OF TESTING; 6/29/21 PERCOLATION RATE: LESS THAN 2 MIN/INCH IN "C" LAYERS. WITNESSED BY: MATTHEW T. FARRELL, EIT, J.M. O'REILLY & ASSOCIATES, INC, AMY VON HONE, DIRECTOR, BREWSTER HEALTH DEPARTMENT NO WATER ENCOUNTERED USEA LOADING RATE OF 0.74 GPD/SF FOR SIZING OF SOIL ABSORPTION SYSTEM. CONSERVATION AREA TABLE: EXISTING SITE COVERAGE] SF SF SF SF SF 0' -50' BUFFER ZONE' Existing Dwelling: 553± Existing Decks: 271± TOTAL COVERAGE: 824± 50' - 100' BUFFER ZONE' Existing Dwelling: 38± TOTAL COVERAGE: 38± PROPOSED SITE COVERAGE' SF SF SF SF SF SF 0' - 50' BUFFER ZONE' PROPOSED DWELLING: 653± PROPOSED DECK: 165± TOTAL COVERAGE: 818± 50' -100' BUFFER ZONE' PROPOSED DWELLING: 370± PROPOSED PORCH: 60± TOTAL COVERAGE: 430± TOTAL PROPOSED AREA CHANGES IN BUFFER ZONES' REDUCTION INCREASED 0' - 50' BUFFER ZONE' 50' -100' REDUCED DWELLING & DECKS = 818- 824 = -6 SF BUFFER ZONE' 100' INCREASE DWELLING & DECKS = 430- 38 = +392 SF BUFFER ZONE NET INCREASE' 392± SF -6±SF =386±SF 386± SF MITIGATION PROPOSED' SF SF SF INVASIVE VINE REMOVAL: 460± LAWN REMOVAL: 230± TOTAL MITIGATION: 690± CONSERVATION NOTES: PLANTING DETAIL SCALE: 1" = 10' SYSTEM DESIGN CALCULATIONS: SEWAGE DESIGN FLOW! 4 BEDROOM DWELLING @ 110 GPD = 440 GPD LEACHING CAPACITY REQUIRED' 4 BEDROOMS (MAX.) @ 110 GPD = 440 GPD REQUIRED SEPTIC TANK CAPACITY REQUIRED! bAILY FLOW = 440 GPO @ 200% = 880 GAL REQUIRED SEPTIC TANK CAPACITY PROVIDED' 1500 GALLON SEPTIC TANK (MIN. ALLOWED) LEACHING CAPACITY PROVIDED' ONE (1) 647 SF LEACHING -CHAMBER CAN LEACH: Vt=((27.5'X11,8')+(12.0'X11.8')+(27.5'X2.0')+(11.8'X2.0')2+(15.7'X2.0')+ (23.8' X 2.0')] X 0.74 GPD/SF= 479.0 GPD 479 GPD > 440 GPD REQUIRED NOTE: A GARBAGE DISPOSAL IS NOT PERMITTED WITH THIS DESIGN. INSTALL' ONE (1)- 1500 GALLON SEPTIC TANK ONE (1)- 3 OUTLET DISTRIBUTION BOX (H-20 Rated) THREE (3)- 500 GALLON LEACH CHAMBERS WITH 3.5' OF STONE ALL AROUND- SEE SAS DETAIL 0 hF INVASIVE REMOVAL LAWN REMOVAL EXISTING EDGE OF CLEARING 1.) LIMIT OF WORK SHALL BE AS SHOWN. A STAKED 9" ROUND STRAW WATTLE SHALL BE CONSTRUCTED ALONG THE LIMIT OF WORK LINE PRIOR TO THE COMMENCEMENT OF OF ANY WORK, WATTLE SHALL BE BACKED WITH 2' STAKED CLOTH SILT FENCE. 2.) ROOF RUN-OFF FROM DWELLING SHALL BE CONTROLLED BY GUTTERS, DOWNSPOUTS AND DRYWELLS OR STONE TRENCHES UNDER DRIP LINES. 3.) ALL DISTURBED AREAS AROUND THE NEW DWELLING SHALL BE PLANTED WITH GRASS SEED AND APPROXIMATELY 6" OF TOPSOIL. 4.) CONTRACTOR, BUILDER AND OWNER SHALL REVIEW THE ORDER OF CONDITIONS PRIOR START OF CONSTRUCTION. 20" DIAMETER H2O CONCRETE COVERS RAISED TO WITHIN 6" OF FINISH GRADE (OR AS NOTED), RISERS TO BE H2O RATED NO CORREGATED PLASTIC RISERS TO BE USED THREE COVERS: 1 OUTLET ST, 1 DB & 1 SAS �rProposed EL=49.0± INSPECTION NOTE; PRIOR TO FINAL INSPECTION BY THE ENGINEER, SYSTEM NEEDS TO BE COMPLETE INCLUDING BUILDUP FOR COVERS. ----Proposed EL= 49.5± r r 46.10 '/k/<?: 47.3± 11110" 1 3"fi 4,0" GAS BAFFLE 14" T 1500 GALLON SEPTIC TANK H-20 45,85 45.80 45.8± 46.5± 45.50 4" PVC VENT & CAP BY "SWEETAIR" 10" r 36" Proposed (9' Min- 36" Max) 45.63 2" DROP DB-3 D -BOX H-20 (V m NINETEEN (19) SHRUBS SEE PLANTING NOTE 2 3-4 GALLON, SIX(6) FEET ON CENTER MITIGATION AREA 690 ± SF INVASIVE REMOVAL 460 ± SF RESTORE LAWN 230 ± SF PLANTING NOTES: 1.) EXISTING LAWN AREA AND INVASIVE SPECIES TO BE REMOVED. AREA TO BE PREPARED WITH SIX"(6")TOPSOIL, "HARMONY GRASS SEED" AND COVERED WITH STAKED 900 GRAM COIR BLANKET SHRUBS SHALL THEN BE PLANTED AS PER THE PLANTING DETAIL & NOTES BELOW. 2J APPROXIMATELY NINETEEN (19) SHRUBS SHALL BE PLANTED. SHRUBS INCLUDE BAYBERRY, BEACH PLUM, INKBERRY, ARROWOOD, AND/OR BEARBERRY, OTHER SPECIES MAYBE BE USED AS FOUND ON THE UST BY CAPE COD COOPERATIVE EXTENSION AND WITH THE PERMISSION OF THE CONSERVATION AGENT. 3.) INVASIVE SPECIES IDENTIFIED ON THE COASTAL BANK: BITTER SWEET VINE, PRIVIT HEDGE HONEYSUCKLE SHRUB. 4.) INVASIVE SPECIES REMOVAL AND REVEGETATION SHALL BE DONE BY AN ACCEPTABLE CONTRACTOR APPROVED BY CONSERVATION. CONTRACTOR TO REVIEW EXACT METHODS AND SPECIES TO BE USED WITH OWNER & CONSERVATION AGENT PRIOR TO START OF REMOVALS. HERBACIDE MAYBE USED IN A CUT & WIPE METHOD. CONTRACTOR TO HAVE HAVE VALID HERBACIDE LICENSE. 5.) INVASIVE VINES & HONESUCKLE SHALL BE TRIMMED ANNUALLY, BY HAND, AS NEEDED TO KEEP NATIVE VEGETATION CLEAR OF VINES AND RE EMERGING INVASIVES. SEE NOTE 4 TIMING: FALL OF 2022 OR SPRING 2023: • EXISTING BITTERSWEET SHALL BE CUT AND REMOVED. EXISTING LAWN AREA TO BE REMOVED. • OPEN AREAS WITHIN THE COASTAL BANK SHALL BE COVERED WITH A STAKED 900 GRAM COIR BLANKET. THIS WILL MANTAIN THE STABILITY OF THE COASTAL BANK WHILE VEGETATION ESTABLISHES. • TEMPORARY ABOVE GROUND IRRIGATION MAY BE USED DURING THE FIRST THREE GROWING SEASONS TO ENSURE VEGETATION SURVIVAL. FALL OF 2023: • RE SPROUTING BITTERSWEET SHALL BE CUT AND REMOVED. • HONEYSUCKLE SPROUTS SHALL BE TRIMMED AND REMOVED. • REVIEW EXISTING SHRUB PLANTINGS FOR ANY DEAD OR DYING SPECIMANS. ANY DEAD OR DYING SHRUBS SHALL BE REPLACED. ONGOING MANAGEMENT: • TEMPORARY DRIP IRRIGATION SYSTEM MAY BE ESTABLISHED SO AS TO IRRIGATE THE NEW PLANTINGS • SPRING AND FALL PRUNING ACTIVITIES, SEE PLANTING NOTE 5 • SPRING AND FALL INVASIVE SPECIES MANAGMENT, SEE NOTE 5 2" LAYER OF 1/8"- 1/2" STONE 3/4"- 1-1/2" STONE Longest Run 13' 43.50 / USE THREE(3) SHOREY PRECAST 500 GALLON LEACH CHAMBERS 3.5' OF STONE AROUND (END VIEW) LEACHING CHAMBER SEE DETAIL FOR DIMENSIONS H-20 SAS PLAN VIEW SCALE: 1" = 10' VENT f-1 Ui 5.2' - - EL=38.3 BOTTOM OF TEST HOLE 2 U, U, w In 11.8' 3.5' L 4.8' I. 3.5' NOT Used In Sldewall rLeaching $ Calculation 12.0' r ONE(1) SAS COVER RAISED TO WITHIN 6" FG, H2O RISERS 4" PVC PIPE CONNECTIONS 3.5'' 4.8' ' 3.5'' 8.5' / 3,5''' i 23.8' w 1 V APE AY C COD B(Tidal) x 0.5 PLAN SCALE 1"=20' x53 Bottom of Scarp Top of Scarp SEE SE#9-1878 TO CONFIRM COASTAL BANK DELINEATION BITTERSWEET VINES & OTHER INVASIVE SPECIES MAY BE PRUNED BY HAND TO REMOVE VINES FROM EXISTING NATIVE VEGETATION I ry 50' Buffer Zone BENCHMARK! Top of Concrete Bound EL= 49.4'± (NAVDBS) 100' Buffer Zone Abutting �,/// Cottage V/_//2 ;59' Mry • Maple 24 17.3'± X 51 8.0'± In L x 49,7 58,31'x 50,4 Existing Sewage Disposal System Per Health Records Tidal Flats x 0,5 .2 tita Parcel 8 x 0.5 THREE(3) Lots, Cl, C2 & El Area =13,527±SF x 7,9 Coastal Beach 4 23.4 y ' 13.87'•-' 5.5 x 7.5® ti 10,E1 x 41,3 x 40.6 5.0'± 43,3 43, 5.0'± 46 x 46.4 Existing Beach Access Stairway TO BE REPAIRED AS NEEDED Top Coastal Bank ZONING TABLE ZONE: (RESIDENTIAL) RM FRONT YARD SETBACK *40 FEET SIDE YARD SETBACKS *25 FEET REAR YARD SETBACKS *25 FEET BUILDING HEIGHT 30 FEET MAX BUILDING COVERAGE 25% FLOOD ZONE: ZONE VE, EL = 15' *LOT(S) CREATED FEBRUARY 1946 PER SUBDIVISION PLAN, BARNSTABLE COUNTY REGISTRY OF DEEDS, PLAN BOOK 142 PAGE 155. SETBACKS MAYBE GRANDFATHERED TO 20' FRONT & 10' SIDE & REAR, TO BE CONFIRMED BY THE BREWSTER BUILDING COMMISSIONER. Existing Building Coverage: Includes House, Steps & Deck(s) STRUCTURE AREA X100 LOT AREA 863 SF X100= 6.4% 13,527 SF PROPOSED BUILDING COVERAGE: Includes House, Steps, Decks, Front Entry & Roof Overhangs STRUCTURE AREA X100 LOT AREA 1,337SF X 100 = 9.9% 13,527 SF PROPOSED MITIGATION AREA SEE CONSERVATION NOTE 1 PROPOSED LIMIT OF WORK SEE CONSERVATION NOTE 1 50' Buffer Zone 100' Buffer Zone x 463 12.9'± CB FND Existing 4 Bedroom welling TO BE REMOVED Existing Septic System Per Health Records TO BE REMOVED SEE NOTE 17 PROPOSED WATER SERVICE TO BE SLEEVED IN SCH. 40 PVC PIPING, WITHIN 10' OF SAS & SEPTIC TANK Existing Grass Driveway, 1,300±SF EW DRIVEWAY, SHALL BE GRASS STONE, SHELL OF GRASS PAVE NEW DRIVE SHALL BE 1,300 SF OR LESS 0 20 40 60 SCALE 1"=20' G:\AAlobs\Gezotis-8903A- 89 Byfield Ctwy Brewster \ DWG \8903A.SDS.dwg PLAN BOOK 142 CERTIFICATE # 004365 ASSESSORS' MAP 50 PAGE 155 X12.34 24x5 -W- 0 - U- ST DB SAS Reserve 133 'U' w cm ■ PARCEL 8 LEGEND 32 EXISTING CONTOUR 32 PROPOSED CONTOUR EXISTING SPOT GRADE PROPOSED SPOT GRADE WATER SERVICE LINE OVERHEAD UTILITY SERVICE UNDERGROUND UTILITY SERVICE GAS SERVICE LINE TEST HOLE / BORING LOCATION SEPTIC TANK DISTRIBUTION BOX SOIL ABSORPTION SYSTEM RESERVED FOR FUTURE UTILITY POLE CATCH BASIN FIRE HYDRANT WELL DRAINAGE MANHOLE CONCRETE BOUND, FOUND TOP OF BANK LIMIT OF WORK FENCE EDGE OF CLEARING HEALTH VARIANCES REQUESTED 310 CMR 15.000 & BREWSTER REGULATIONS 310 CMR 15.211 Setbacks & Brewster Health Regulations 1.) Soil Absorption System (SAS) not 10' From Property Line, South 5' Held 5' Variance 2.) Soil Absorption System (SAS) not 10' From Property Line, West 8' Held 2' Variance 3.) Soil Absorption System (SAS) not 100' From Coastal Bank 68' Held 32' Variance 4.) Septic Tank Not 10' From Crawl Space 8' Held 2' Variance Jon & Ellen Gezotis 24 MEADOW DRIVE, HANOVER MA 02339 PROPOSED SITE & SEWAGE DISPOSAL DESIGN 89 BYFIELD CARTWAY, BREWSTER, MA 02631 J.M. O'REILLY & ASSOCIATES, INC. Professional Engineering & Land Surveying Services 1573 Main Street - Route BA P.O. Boa 1773 (508)898-8801 Office Brewster, MA 02631 (508)896-6602 Fax DATE: 11/19/21 SCALE: As Noted BY: MTF CHECK: IMO JOB NUMBER: JMO-8903A 68LL-Z£ti-(80S) x83 * TLLO-0£b-(80S) amnia * 9P90Z VIAT "pod fit°'=EH - 8Z ai"°1I L£S DI II `sua.cnin_a IO1 LLVa PDF Created with deskPDF PDF Creator X - Trial :: http://www•docudesk.com 2i315Ma1a - ,i,dM.LeciD crigu).a 68 30N3C1153 30b`1"T1 / 5110Z39 6SLL-Z£4-(80S) xe3 * ILLO-0£4-(80S) auogd * 9490Z `mod �aiIeg - 8Z alnog L£S 'D I `sua.aqin.a ioraivd yW `ta 1SMStI8 " ,LVA\ItiVO C 31N3Qg 6Q erdM N3'1"13 5110730 NOf ?1 I PDF Created with deskPDF PDF Creator X - Trial :: http'//ww"r'docudesk.com • a It Application#22-01 www.brewster-ma.gov Page 1 of 1 2/1/2022 DEPARTMENT REVIEWS Application #22-01 APPLICANT/OWNER: Jon and Ellen Gezotis REPRESENTATIVE: James M. Norcross Esq. MAP/LOT: Map 50, Lot 8 PROPERTY ADDRESS: 89 Byfield Cartway Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator This property does fall within the jurisdiction of the Conservation Commission and has gone through the approval process and been issued a permit. The approved plan of record is attached. Police Dept. Comments received from Lt. Charles Mawn The Police Department has no issues with the application Health Dept. Comments received from Sherrie McCullough The property is located outside the Zone II and the DCPC. It is served by town water. The property is in an Environmentally Sensitive Area (ESA) as it lies within 300 feet of a wetland (Cape Cod Bay). The lost is grandfathered for the existing four (4) bedroom dwelling but is undersized for any additional flow. J. M. O’Reilly & Associates, Inc submitted engineered plans dated November 11, 2021, with variance requests. The variances were approved by the Brewster Board of Health on January 5, 2022. A deed restriction has recorded with Barnstable Registry of Deeds, restricting the number of bedrooms to four. No additional bedrooms may be added without further review by the Board of Health. Variances shall expire within one (1) year of the date of approval. Full Health Department review will be required prior to final approval. Building Dept. Comments received from Davis Walters  I can confirm that the minimum setbacks for this lot as created in 1946 are 20’ front, 10’ sides/rear.  Applicant is proposing to reduce pre-existing non-conformity of a 4.3’ side setback for the existing dwelling to 5.0’ and 3.9’ for the existing deck stairs to 5.0’ from 3.9’ along the eastern facing property line but accomplishing this by demolishing the existing dwelling and constructing a new SFH. Neither the existing nor the proposed dwelling is in a Flood Zone. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 50/8/0 ei°6 James M. Gallagher, MAA Deputy Assessor #22-02 Applicant: Amy Chesnut 716 Main Street G �4 o• tea' a, r > 10 *�/ �//////111flllllfflllUl\1\\\ 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 # 02a9 -0°2- APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ ZBA APPEAL APPLICATION NAME OF APPLICANT REPRESENTATIVE 7 -c.s nu.* PHONE NUMBER C�1 ' 707 2qi 3(22 Oh Le : S0 g-cjto 391 b MAILING ADDRESS —7i4P I"/ai✓1 SW< -CA . 6/twsJf 021,31 E- MAIL ADDRESS 11 fr►►i 6 (ituA•I bj f-t6e .cea 4 co m PROPERTYADDRESS °7t1,, Kltaivt SA/eck CURRENT PROPERTY OWNER(S) Oc" +lam< LLL (/►j Ch,snwl-) REGISTRY OF DEEDS TITLE REFERENCE BOOK 300-7s— PAGE 312_ OR CERT. OF TITLE # LAND COURT # PLAN # MAP# OZ(7 LOT# CO`7c9 ZONING DISTRICT IZ ►T] YEAR BUILT / i'S�l' (a FLOOD PLAIN AE STATEMENT OF PROJECT Ail pireca-K; ezi Pew mr1- i`,' 'r 4-0 ti a dki.Sh pupa. I let) w rvh rnQFt fio,.l i-0 ilvD <Sp eo p -i v i - VE Y!y.e •Frime ail and 6dti,k .t9-- SIGNA E OF OWN R AGENT FOR OWNER i7 -L2-2.1 DATE NOTE: This petition is NOT COMPLETE until all informatiop is provided. Accuracy of this information is the responsibility of the petitioner.( Initial ) N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 1 7/19/2018 12:02 PM MGL 40A, Section 6B, Brewster Zoning Bylaw 179-27, Article 8 DATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other STREET ADDRESS 71 ta YEAR BUILT / g 9 (o MAP # LOT # ZONING DISTRICT List only the nonc©nformities, below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED FRONTAGE EXISTING LOT SIZE REQUIRED Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, Existing is the setback that currently exists on the ground Required is the applicable setback required currently in the Brewster zoning bylaw Proposed is the setback being requested LOT COVERAGE EXISTING % PROPOSED % ALLOWED % SIZE OF PARCEL sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE sq, ft. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 2 7/19/2018 12:02 PM BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft. BUILDING HEIGHT: EXISTING PROPOSED SPECIAL PERMITS: 12/ APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN G.L.C. 40A, #9, SECTION 179-51, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. .:P) Cl Se_ '-4#c46AccI 1-'e ADDITIONAL COMMENTS: ❑ APPEAL IN ACCORDANCE WITH G.L.C. 40 A:8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 3 7/19/2018 12:02 PM U VARIANCE: in accordance with MGL 40A§ 10 MGL 40A Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that; 1. Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and 2. A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and 3. That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. The Board must find that applications for a variance meet all three findings. N:\Planning\ZONING BOARD of APPEALSIFORMS AND APPLICATIONS1Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 4 7/19/2018 12:02 PM 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. Completed application packages include twelve (12) copies of the following: • 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 • CHECK IN THE AMOUNT OF THREE HUNDRED ($300) DOLLARS Photographs are recommended. Please also provide one (1) pdf or electronic copy of the completed application package. An Abutter's List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted on 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 www.town. brewster.ma. GOV 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. AFTER YOUR HEARING: Within two weeks a formal decision will be written, signed and time stamped with the Town Clerk. A 20 -day appeal period the follows. If NO appeals are taken, you will receive your final sealed decision, file with Barnstable Registry of Deeds and proceed with obtaining your Building Permit. 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. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18:doc Page 5 7/19/2018 12:02 PM Attachment to Application for Special Permit for Additional Dwelling Unit 716 Main Street, Brewster This special permit is sought under Section 179-42.2 Accessory single-family dwelling units. The owner currently holds a special permit to operate a Bed and Breakfast, and would like to apply for a special permit for an ADU, and modify the existing special permit for the operation of the Bed and Breakfast. The current special permit for the Property is to operate it as a Bed and Breakfast with a total of 10 bedrooms -- 9 guest rooms, and one bedroom to be used for Owner’s quarters. There is a requirement that the Bed and Breakfast be owner-occupied, which it is. The owner purchased the property in 2016 and has operated it as Brewster By The Sea Inn since that time. The property has two buildings on it – The Main House and The Orchard House. The Orchard house has five guest rooms, and there will be no changes to the Orchard House. The Main House includes the Owner’s quarters, and four guest rooms, all of which are located in the western portion of the Main House. Two guest rooms are on the first floor and two guest rooms are on the second floor. The owner would like to use three of the four guest rooms for the ADU. There would be no changes to the two guest rooms located on the second floor. These will be used for the bedrooms in the ADU. The third guest room is located on the first floor, and it would be remodeled into a kitchen/living area. The existing bathroom adjacent to the first floor guest room would be remodeled into a laundry room. Other than that, there will be no changes to the building. There will be no exterior changes to the building or the grounds. A private entrance to the proposed ADU currently exists via a brick walkway from the parking area of the Inn. The intended use of the ADU would be for the Owner’s adult child and his spouse. They are employed by local businesses but are not able to afford their own home due to the high cost of real estate in Brewster. The owner would like to modify the existing special permit for the Bed and Breakfast to reduce the permitted guest rooms from nine (9) to six (6) guest rooms. Compliance with Section 179-42.2: A. An ADU may be located within a single-family house, or in a building accessory to a single- family house, subject to the definitions of Section 179-2; the requirements of Table 1, Use Regulations and Table 2, Area Regulations/Minimum Required Lots; and all standards of this section. The proposed ADU will be located within a single-family house. B. An ADU may be located within a Zone II in the watershed of the Herring River or Pleasant Bay. The proposed ADU is not located within a Zone II area. C. All construction in connection with an ADU attached to a principal dwelling shall conform to building setbacks for a single-family house in the Zoning District where it is located. There will be no new construction. The proposed ADU will be located entirely within the existing single-family dwelling that is on the property. There will be no exterior changes to the building. D. Either the principal dwelling or the ADU must be occupied by the owner of the property. The principal dwelling of the ADU will be occupied by the owner. E. No more than 20 building permits shall be issued for the combined total of ADUs and ACDUs in a single calendar year. The town will be able to provide this information. F. There shall be no renting of rooms or boarding of lodgers in an ADU. The applicant will not rent the rooms or board lodgers in the proposed ADU. It will be occupied by the adult child of the owner and his spouse. G. The ADU shall conform to all applicable State and local laws regulating new construction or new residential use including the State Building Code. The applicant will comply with all applicable State and local laws. H. There shall be no more than two residential units in total on a lot containing an ADU. There will be no more than two residential units on the lot. I. A minimum of one parking space per bedroom of the ADU shall be provided. There is sufficient parking for the ADU, as the special permit for the Inn will be reduced from nine (9) to six (6) guestrooms. J. An ADU shall be clearly subordinate in use, size and design to the principal single-family dwelling. An ADU shall be designed so that, to the maximum extent practical, the appearance of the property on which it is to be located remains that of a single-family residential property and the privacy of abutting properties is maintained. The proposed ADU will be entirely located within the existing single-family dwelling. The ADU will utilize an existing separate entrance on the west side of the building. The size of the ADU is under 900 square feet. The exterior of the building and the landscaping will not change – the appearance of the property will not change, and will continue to look like a single-family residential property. Other Considerations. Size and Location 1. The Zoning of the Property is R-M. ADUs are permitted in this zone. 2. The size of the property is 43,560 square feet. ADUs are permitted on lots greater than 30,000 square feet with a building permit. 3. The size of the ADU is less than 900 square feet. It will have two bedrooms, and a living room/kitchen. 4. There are two parking spaces available for the ADU. Zoning and Septic 1. The property is located outside of a Zone II wellhead protection zone. 2. The septic system is relatively new, and sized/designed for 10+ bedrooms. The current special permit allows for 10 bedrooms. This proposed ADU will remove one bedroom from the existing number of permitted bedrooms. If the application is approved the total bedrooms will be: Bedrooms in the Orchard House: 5 Bedrooms in the Main House (Owner’s Quarters & Guest Room): 2 Bedrooms in the ADU: 2 Total: 9 Bedrooms 026-0073 026-0022 026-0020 026-0063 The data shown on this site are prov ide d fo r informational an d planning purpo ses o nly. The To wn and tts con sultan ts are no t respon sible fo r the mis use or misrepresentation of the da ta. 026-0029 026-0023 026-0061 0 026-0064 J26-0062 O 026-0024 026-0025 026-0060 V 026-0056 0 026-0026 026-0059 026-0058 026-0027 026-0057 026-0047 026-0048 026-0046 026-0041 026-0039 Edg e of Pavem ent Buildings P ar cels with Orthos Parcels EN Town Boundary MA Highways Interstate ] US Highway Numbered Rout es Abutting Towns Bathv0-5ft 5-10 ft X10-15ft ▪ 15-20 ft MI 20-30 ft 30-40 ft M40-50 ft ▪ 50-60 ft Streets 140 280 ft Printe d on 12/22/2021 at 05:50 PM MapsOnline by PeopleGIS r I i L Guest Room 194sgft Main Room 466 sq ft Bathroom r Hallwa Hall Bedroom 244 sq ft Bathroom Closet Owner's bath Kitchen 250 sq R Owner's Living Room 122 sq ft Owners Bedroom 258 sq ft IMO r J r I i L Hallway Guest Room 194sgft I Hall Kitchen/Living ' 244 sq ft Main Room 466 sq ft Kitchen 250 sq ft Owner's Living Room 122 sq ft Closet Owner's bath ..m Owners Bedroom 258 sq ft IMO r 1 J r Bedroom 245 sq ft T- Kitchen/Living 244 sq ft mi-fo TOWN OF BREWSTER ZONING BOARD OF APPEALS DECISION 15- 23 -1- 15-23 Donna and Byron Cain, 716 Main Street, Map'26 Lot 59 (previously M 22 L 51), in the RM zoning district. The applicant requests to change the recognition of a previously permitted Affordable Accessory Dwelling Unit (SP#13-12) to either owners quarters and/or guest room in an existing in under MGL 40A-9 and Brewster Bylaw 179-25-B. A duly advertised public hearing was held December 8, 2015 at the Brewster Town Offices. Members hearing this application; Brian Harrison, John Nixon, Arthur Stewart, Patricia Eggers and Sarah Kemp. The Board found the following: • The subject property is located at 716 Main Street, Map 26 Lot 59 (previously M 22 L 51) in an RM Zoning District. • The applicants seek to change the recognition of a previously permitted Affordable Accessory Dwelling Unit (AADU), Special Permit 13-12, to either owners' quarters and/or guest room in an existing unit under MGL 40A-9 and Brewster Bylaw 179-25B. • The larger house on this property has 4 bed and breakfast rooms. There is also a smaller house. Both have kitchen facilities. The smaller house is currently an AADU. • The applicants bought this property in 2003 and the mother of one of the applicants moved into the smaller house. Subsequently the applicants realized this had not been permitted and applied for and received an AADU. • Documentation submitted was a certified plot plan by Low & Weller, Inc. dated 12/10/87. • There were no objections voiced by abutters. The Board GRANTED the Special Permit with the following stipulations: • The two houses on this lot are considered as one lodging house. • The manager (i.e. inn keeper or owner) may choose to live in either house. The room in the other house which might have been so considered may be used for guest quarters. • The two building lodging house may not be used as two separate dwelling units. This Special Permit is valid only for the current owners and terminates upon sale of the property. • Any other open issues relative to the property must be resolved to the satisfaction of the Building Commissioner. ZBA Decision 15-23 Cain -2 - hilip Jack n, . irman The granting of this petition shall in no way be construed by any person(s), whether private citizen or public official(s), to be a variance, permit or license beyond the statutory provisions of the laws of the Town of Brewster or the Commonwealth of Massachusetts, except as herein above approved and set forth by the Zoning Board of Appeals at a public hearing. Special Permits and Variances granted by the Board of Appeals DO NOT TAKE EFFECT until the twenty (20) day appeal period has expired and the documents have been recorded with the Barnstable County Registry of Deeds. The Special Permits shall expire two years from the date of release of the Town Clerk and/or a Variance shall expire one year from the date of release of the Town Clerk following the twenty (20) day appeal period. If in the future, it develops that the activities or conditions permitted pursuant to this Special Permit/Variance have not complied with terms of the permit, the Zoning Board of the Town of Brewster shall have the right, on its own initiative to open a modification of the hearing to resolve those issues. Marilyn Mo This decision is filed with the Town Clerk, Town of Brewster on The twenty -day appeal period has lapsed the 1 LT d y of Eq.' NO appeal has been filed ElAn appeal has been filed on Town Clerk rs, Administrative Clerk Town Clerk (49 ZBA Decision 15-23 Cain ,\01\11111111(100/ 1111111 ; a E 1'�II�y�1is Sy .0 4-7 Brewster By The Sea, Inc. C/o Paul Tardiff, Esq. 490 Main Street Yarmouth Port, MA 02675 E.k 30075 P 343 134-63. 11-09— 16 a 12 = 25P -1- Town Of Brewster Zoning Board of Appea 2198 Main Street Brewster, Massachusetts 02631-1 (508) 896-3701 ext.133 FAX (508) 896-8089 ri'(' October 17, 2016 Appeal No. 16-26 At an open meeting held on October 11, 2016, the Brewster Zoning Board of Appeals voted to grant Special Permit 16-26, with conditions for Brewster By The Sea, Inc., located at 716 Main Street, Map 26 Lot 59 (previously M22 L51), in the RM zoning district, and in the Barnstable County Registry of Deeds Book 17617 and Page 269. The Special Permit is authorized under MGL 40A Section 9 and Brewster Bylaw 179-51, to continue the use and allow a change in ownership of a Bed and Breakfast Inn. Present and voting to grant the Special Permit were Board Members: Arthur Stewart, Les Erikson, John Nixon, Bruce MacGregor, and Patricia Eggers. The Board found the following: • The property is located at 716 Main Street, Map 26 Lot 59 (previously M22 L51), in the RM zoning district in the Town of Brewster. The applicant, Brewster By The Sea, Inc., seeks a special permit under MGL 40A, Section 9 and the Brewster Zoning Bylaw Section 179-51 to continue the allowed Bed and Breakfast Inn special permit use under a change of ownership. • The application as presented is consistent with the Special Permit conditions in Section 179-51 of the Brewster Zoning Bylaw. The Board further imposed the following conditions: • This Special Permit is granted on the condition the owner(s) of the property occupy the premises. • The Approval of this Special Permit applies to the current applicant and is non-transferrable. • The two houses on the property are considered as one lodging house and may not be used as two separate dwelling units. • The manager (i.e. Inn keeper or owner) may choose to live in either house. The Board voted unanimously to Grant Special Permit 16-26 to the new owner, Brewster By The Sea, Inc. The granting of this petition shall in no way be construed by any person(s), whether private citizen or public official(s), to be a variance, permit or license beyond the statutory provisions of the laws of the ZBA Decision 16-26 Brewster By The Sea, Inc. -2 - (1,(twv Town of Brewster or the Commonwealth of Massachusetts, except as herein above approved and set forth by the Zoning Board of Appeals at a public hearing. Special Permits and Variances granted by the Board of Appeals DO NOT TAKE EFFECT until the twenty (20) day appeal period has expired and the documents have been recorded with the Barnstable County Registry of Deeds. The rights granted under a Special Permit shall expire two years from the date of release from the Town Clerk following the 20 -day appeal period, unless exercised or otherwise noted. The rights granted under a Variance shall expire one year from the date of release from the Town Clerk following the 20 -day appeal period unless exercised. 6-c Arthur Stew rt, Vice- Chairman Marilyn Mooer Administrative Clerk This decision is filed with the Town Clerk, Town of Brewster on fl Town Clerk The twenty -day appeal period has lapsed the day of Pa(' 1-' Ai ,d a2 XNO appeal has been filed ().iN 0 .... A�n..a.peal has been filed on cmA ZBA Decision 16-26 Brewster By The Sea, Inc. Town Clerk BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Application#22-02 www.brewster-ma.gov Page 1 of 1 2/1/2022 DEPARTMENT REVIEWS Application #22-02 APPLICANT/OWNER: Amy Chesnut REPRESENTATIVE: MAP/LOT: Map 26, Lot 59 PROPERTY ADDRESS: 716 Main Street Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator The work proposed does not appear to be an alteration within jurisdiction of the Conservation Commission so there are no comments to send on. Police Dept. Comments received from Lt. Charles Mawn The Police Department has no issues with the application. Health Dept. Comments received from Sherrie McCullough The property is located outside the Zone II and the DCPC and is serviced by town water. There are two residential dwellings on the property both serviced by a 2013 Title 5 septic system rated for 1,172 gpd of flow. The two dwellings “The Orchard House” and “The Main House” have five (5) bedrooms each. The existing septic system has appropriate capacity to support the two dwellings. A passing Title 5 Septic Inspection Report is on file dated September 10, 2015. Based on the proposal presented at this time a septic system upgrade will not be necessary nor will it require a new septic inspection The property has been licensed as a Bed & Breakfast since 1992., The Inn has always been in good standing with the Health Department. The proposed alterations will not affect the current licensure status. However, the state and federal food code changed in 2018. Bed & Breakfast establishments that have six (6) or less guest rooms are no longer required to be licensed by the local board of health. This department will follow up with Ms. Chestnut to see if she would like to alter her permit status. Building Dept. Comments received from Davis Walters I reviewed this application prior to recognizing the need for application for a Special Permit. It is already a mixed-use building in the Ms. Chesnut currently occupies a small apartment in one part of the building, and uses its kitchen to prepare breakfast, while there is a dining area for B&B guests in another, and some guest suites in another. The proposal is to convert the guest suite area into a separate apartment and keep the same dining area where guests will continue to receive breakfast service. Fire code for separation of the dwelling units and dining area must be met as well as building code for the changes, but I believe the project is viable from a zoning standpoint t allow the existing apartment to be subjugated into role as the ADU, since it will be the smaller of the two units. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 26/59/0 James M. Gallagher, MAA Deputy Assessor