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HomeMy Public PortalAboutZBA Meeting Packet 08/10/21 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 August 10, 2021 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 Town Planner Ryan Bennett Senior Department Assistant Ellen Murphy 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Approval of Meeting Minutes: 5. New Applications: 6. #21-18 Applicant: Pioneer Builders LLC. (Represented by Daniel Howard), 93 Sixpenny Lane, MAP 37 LOT 7, in the RM zoning district. The applicant seeks a Special Permit pursuant to MGL c. 40A §6, and Brewster Zoning Bylaw §179- 25, in order to construct a 18’x28’ addition with a 10’x18’ enclosed 3-season porch. The addition will include a new kitchen, living room and ½ bath. The existing structure will be updated to include a 3 rd bedroom. #21-19 Applicant: Latham Centers, Inc. (Represented by Attorney Andrew L. Singer), 1439 Main Street, Map 48, Lot 61, in the RM zoning district. The applicants seek a Special Permit pursuant to MGL c. 40A §6 and Brewster Zoning Bylaws §179-25B to redevelop the educational campus, and to the extent determined necessary, a dimensional Variance in accordance with §179-52. Request for Continuance #21-20 Applicant: Molly Perdue. (Represented by Attorney Joshua M.D. Segal), 2095 Main Street, Map 68, Lot, 43, in the RM zoning district. Pursuant to Brewster Zoning Bylaws §179 -37, the applicant seeks an Appeal from the Building Commissioner’s May 27th, 2021 letter violating use of property for purposes of home occupation. #21-21 Applicant: Catherine Childs, 36 Sheffield Road, Map 42, Lot 30-37 in the RM zoning district. Pursuant to Brewster Zoning Bylaws §179 -42, the applicant seeks a modification to the Special Permit issued January 23, 2010 for an accessory apartment to remove the immediate family restriction 7. Matters Not Reasonable Anticipated by the Chair 8. Next Meeting: September 14, 2021 9. Adjournment Date Posted: Date Revised: Received by Town Clerk: 7/19/2021 7/27/2021 Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, July 13th, 2021, at 7PM Virtual Meeting Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Jeff Carter, Patricia Eggers, Jeannie Kampas, Art Stewart and Bruce MacGregor. A quorum was determined. Also present: Applicants: David Lyttle, Benjamin Zehnder, Ryan Bennet (Town Planner) 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 June 8th meeting minutes A motion was made by Pat Eggers to approve the June 8, 2021, meeting minutes, Jeannie Kampas second the motion, a vote was taken: Brian, Pat, Art, Jeff, and Jeannie approved the minutes unanimously. Continued Applications: Application Review of #19-37, Applicant: 19 Muskrat Lane LLC. (Represented by Attorney Benjamin Zehnder). Members present and voting: Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison Brian informed the Board that the applicant is requesting a Continuance for ZBA case #19-37. Ryan Bennett stated that they received a request to continue until September 14, 2021. She informed the Board that the applicant has filed with the Conservation Commission and is proceeding through that process. The applicant did notify abutters of this continuance request, based on the last conversation the Board had with the applicant. A role call vote was taken, and the Board voted unanimously to accept the request to continue ZBA Case #19-37 until the September 14th meeting. Benjamin Zehnder will draft a signed waiver. Application Review of #21-14, Applicant: Joshua & Sarah Brunell, 169 Fiddler’s Lane, (Represented by David Lyttle). Members present and voting: Jean Kampas, Art Stewart, Bruce MacGregor, Patricia Eggers, and Brian Harrison. Jeff Carter who sat on the case last month had not been sworn in for this year yet (July 1 being the 2022 fiscal year), Brian asked David Lyttle if he was comfortable replacing Jeff with Art Stewart who was present at the last meeting but did not sit on this case. Mr. Lyttle agreed to have Art sit on the case. Brian indicated ZBA #21-14 was continued from the previous meeting. David Lyttle addressed the Board representing Joshua and Sarah Brunell. He provided an update on the case. He indicated that work had begun without the necessary permits and since then the applicant has taken steps to right the process. They are now requesting a special permit to remove an existing non-conforming farmer’s porch and replace it with a new farmer’s porch. He has obtained the necessary approvals from the Conservation Commission and OKH. He is requesting a special permit to complete the necessary work. It was determined to be pre- existing non-conforming due to the covered brick porch having a 5.8 ft. setback from the property line where a 30-ft. setback is required. The Board determined that the proposed replacement will be less non- conforming with a 5.1 ft. setback. The Board found that the proposed alterations were not substantially more detrimental than the existing non-conforming structure on the neighborhood. Art made a motion to grant #21-14 a special permit, Pat second the motion, a vote was taken, and the Board approved unanimously. Application Review of #21-17, Applicant: Richard and Tracey Walz, 83 Greenland Pond Road. Members present and voting: Brian Harrison, Pat Eggers, Jean Kampas, Art Stewart and Bruce MacGregor. The applicant was not present. Ryan informed the Board she spoke to the applicant, and he indicated that he did not intend to change course to proceed with the variance. She suggested the Board act or grant a Page 2 of 2 continuance to see if the applicant would like to return. Ryan informed the Board after reaching out multiple times the applicant indicated he was not interested in participating at the meeting. She read the latest email from the applicant to the Board stating he does not intend to move in a different direction. The Board discussed the applicant’s intention. Brian made a motion to deny 21-17. 83 Greenland Pond Road unless the applicant provides in writing a request for continuance for the next meeting on August 10th at 7:00 pm, and the applicant signs a waiver within 14 days. Art second the motion. A vote was taken, and the Board approved unanimously. Matters Not Reasonably Anticipated by the Chair: Nothing to report. The next meeting of the Brewster Zoning Board of Appeals is scheduled for August 10th, 2021. Pat made a motion to adjourn the meeting, Jeanne second the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. Meeting adjourned at 7:28 pm. #21-18 Applicant: Pioneer Builders LLC, Represented by Daniel Howard 93 Sixpenny Lane /'/// Pi/el/fit i///f itl i 1111111111\U\ 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 # ig APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) Date + Time Stamped By Town Cierk NAME OF APPLICANT PIONEER BUILDERS LLC REPRESENTATIVE DANIEL HOWARD PHONE NUMBER 413-687-5058 MAILING ADDRESS 414 BAY ROAD, BELCHERTOWN, MA 01007 PROPERTYADDRESS 93 SIXPENNY LANE, BREWSTER, MA 02631 CURRENT PROPERTY OWNER(S) PAUL & KRISTIN STYSPECK REGISTRY OF DEEDS TITLE REFERENCE BOOK 25270 PAGE227 OR CERT. OF TITLE # LAND COURT # PLAN # 159-9 TOWN MAP # 37 LOT #37 ZONING DI1TRICT RM YEAR BUILT 1960 STATEMENT OF PROJECT THE PROPOSED PROJECT INCLUDES AN 18'x28' ADDITION WITH A 10'x18' ENCLOSED 3 -SEASON PORCH. THE ADDITION WILL INCLUDE A NEW KITCHEN, LIVING ROOM, AND 1/2 BATH. THE EXISTING STRUCTURE WILL BE UPDATED TO INCLUDE A 3RD BEDROOM. 6/7/2021 OF OWNER OR AG : NT FOR OWNER DATE NOTE: Thi- petition is NOT COM'LETE until all information is provided. Accuracy of this information the responsibility of t e petitioner. ERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 1 of 4 ZBA SPECIAL Complete th Identify stru STREET A[ MAO # 37 ZONING DI List only th LOCATION form for every struc ure: primary house, g )RESS 93 SIXPENNY LAI DATA SHEET je, on the site that is in some way nonconforming. rage, tool shed, other ADDITION E. LOT #37 TRICT RM YEAR BUILT 1965 nonconformities bellow: Identify all nonconforming setbacks. EXISTING REQUIRED PROPOSED is used to identify the se is the setback that currer is the applicable setbac is the setback being re kback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, tly exists on the ground required currently in the Brewster zoning bylaw iuested FRONTAGI LOT SIZE: LOT COVE SIZE OF P/ BUDDING BUILDING BUILDING EXISTING 132.94' .22 AC REQUIRED SPECIAL PI APPL SEC1 TO A AGE EXISTING % 9.9 . PROPOSED % 16.6% ALLOWED % 25% CEL 9,570 sq OVERAGE/PRIMAR OVERAGE ALL OTH EIGHT: EXISTING RMITS: ft. BUILDABLE UPLAND sq. ft. STRUCTURE 1,412 sq, ft. R STRUCTURES 120 sq, ft. 15' 6" PROPOSED 16' CATION FOR SPECI L PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and ON 179-25, BREWS ER BYLAW UPON WHICH THE BOARD IS EMPOWERED T. ZBA SPECIAL ERMIT/ VARIANCE/ APPAL APP. REVISED 10-02-2017 Page 2 of 4 I SECTION( PERMIT IS SECTION 179- ) PARAGRAPH(S) OF OUGHT AND A BR! -C(11, PROPERTY IS LOCAT BREWSTER BYLAW UNDER WHICH THE SPECIAL F DESCRIPTION OF THE PROPOSAL. D WITHIN THE WETLAND CONSERVANCY DISTRICT BASED ON SO CLASSIFICATION. ALL WO'RK IS LOCATED OUTSIDE THE 100' SETBACK TO ANY WETLANDS, P OJECT REQUIRES EXCAVATION OF SOIL FOR CONSTRUCTION OF FOUNDATION. VARIANCE G7 APP SECTION( SOUGHT A ZBA must fi : CATION FOR VARI ) PARAGRAPH(S) OF D A BRIEF DESCRI d all three of the folio NCE AS SET FORTH IN M.G.L. 40A, § 10 BREWSTER BYLAW UNDER WHICH THE VARIANCE IS TION OF THE PROPOSAL. In order to grant a Variance, the ing to be true: nces relating to the soil conditions, shape, or topography of ures and especially affecting such land or structures but not the zoning district in which it is located, and ❑ Owing to circumst such land or struc affecting general) li A literal enforcem substantial hards ❑ That desirable reli good and without of such ordinance nt of the provisions of the ordinance or by-law would involve ip, financial or otherwise, to the petitioner or appellant, and f may be granted without substantial detriment to the public ullifying or substantially derogating from the intent or purpose or by-law ❑ APPEA CITE ORD OR ATTAC IN ACCORDANCE W R OR DECISION OF LETTER FROM.ZO TH M.G.L. 40 A, § 8, 14 ONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL ING AGENT/ADMINISTRATIVE OFFICIAL. ZBA SPECIAL ERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4 Completed Clerk at lea am 4:O0 p Complete a ❑ A • P ❑ A ❑ B ❑ D [1 $ Photograph Please also An Abutter' In accordan advertised ii agenda will A copy of th also be purr of Brewster Any Decisio Court within ZONING B RD OF APPEALS FILING PROCEDURES plication packages ale required to be submitted and time stamped by the Town thirty-five (35) days p for to the requested hearing date. Town Hall hours are 8:30 Monday- Friday. lication (12 copies) hecklist: plication ofessionally engineer d site plan sessor's map showin the applicant's lot ilding plans, including floor layout, elevations and dimensions cision letter from the zoning agent, if applicable 00 Filing Fee (made payable by check) are recommended. rovide one (1) pdf r electronic copy of the completed application package. ist will be requested y the Zoning Board Clerk when the application is filed. e with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be the local newspaper f r two (2) consecutive weeks prior to the public hearing. The Iso be posted of the eeting Board on the main floor of the Town Offices. Zoning -By -Law, Cha eased at the Town Offi -code website: htt•:// ter 179, is available at the Brewster Ladies' Library. It may es for $25.00 or downloaded without charge from The Town .ecode360.com/BR1068 of the Board of Appe Is may be appealed to Superior Court, Land Court or District venty (20) days from he time that the decision is filed with the Town Clerk. ZBA SPECIALI!ERMIT/ VARIANCE/ APP AL APP. REVISED 10-02-2017 Page 4 of 4 TA X MAP 37 OF B REWS TER MASSACHUSE TTS 160 5lO ID) •(.2 :91 205 L'1 LEGE ND PROPERTY LINE M ATC H LINE EASEMENT PA RCEL NUMBER ACRE AGE CALCUW' 000500GE SUR VEY DILE NN51 0N DEE D DIbEIBION SCALE DILIENGIDN STREET NO. 5LRVEY101 N O. BUILDING WETLA ND CRA NBERRY BOG OPEN RATER HYOROLO0 9 DRIV EWA Y TRAILS 514RHE AD LINES L OCUS MAP ZBA SAO RD SCA LE LAST PARCEL NUM BER: 99 REVISION DATE 15)5 (0055 RD5 MPG PAEPA RED FORME I NVROOM- OF OEA PRCSS RTV Nl Mw ow N OF BR£ra,ER ca uoA Ec; ROW R eoO9C D Orr. AX V.. 5192 805 PIAA/V ETme USAND OTNER P DLL^ fECO=APIA D AT A ERS Of T HLS T AXNA P ARE HCRE TNOT RI= TWA T T HE ABOBUDAD OPZD PUBLIC MARRY {NFOA VATO N SOU RCE S RISULD BE L...BUM BA GNS5ER AM1D RS liog NS CONT RACT ORS ASE RtA5 LEQ ALAPURRED.F OR THE OTfADONCRDANHE ED REIN'& AEAM BUILDING DATA: THIS BUILDNG IS DESIGNED ACCGRON G TO P000 50 45 OF AMERICAN FORES T/0000015 CONSIRUCD: 4 MAN UAL AND ASE 7-10 1154411.5 1 DESIGN LO ADS FOR 0100*1GS 2015 INTERNATIONAL RESDENT AL MOE 2015 NATIONAL DESIGN SPE3 RCATCN FOR MO W 004S000 11 M AO 315/14 BURDN6 CODE REQUIREM ENTS FOR STRUCTURAL CONCRETE AD I -ROOF MO - 15 PS -FIDOR 20 PSF -WOR URE FAG TGL Ca -IMPORTANCE FACTOR. I. - T HERMAL FA CTOR. CO -ROOF SU NE FACTOR C. y B�B Tr I NF I O AD 25 PSF -3-SEC GUST MN0 SPEED 140 MR1 - 61PENTANCE FACTOR. I. 1. 0(Cate gory Tr BAldog) - ONT. PRESSU RE COEif. toms SEISMIC - OCCUPANCY CA TEGO RY 0 -IMPORANCE FACTOR, I. 1.0 (Calpay 1r Buld no) - DESIG4 CATEGORY B - SITE CIAO 0.147 0.064 - RESPONSE M00. FACTOR 0. 5 (ASCE 7-10 112.2-1) SOLL. AS511MErt - COEiF OF NINON 0.36 - LATERA L EARTH PRESSURE (EPRR FOOT)AT-REST 730506 PSF PASSIVE - SOIL BEAR ING Oa - MN FROST DEPTH 44- 25 P.S.F. 1. 1. 0 (Cutpary IIr Bulldog) 1. 0 t. 0 a 55 01 1. 05 2000 PS ME.. MEET WM1 POLS W W1 TA KE PRECEDE,. OPER THE ST R.IMAL PLUM. LA AP MIUNITE VO MOC IINV M�irr4I IMMc�im oo R `IfteNnw siuA i IMMO M000� STRIIFTIIRAI SHFAIHINC STRUCTU RAL SHEATHING SHALL BE APA RA TED AND NOT EXCEED THE SPAN RATING FOR ITS INTENDED USE. WITH A MINIMUM THICKNESS OF: USE THICKNESS W ALL = 1%2 ROOF = 1%2 FLOOR a 23/32' THERM O-PLY INSULATED SHEATHING WILL BE USED FOR TH E GABLE WALLS IF REQUIRED ENGIN EERED WOOD PRO DUCTS AU . LAMINATED VENEER LUMBER (LVL) SHALL HAVE A MINIMUM ALLOWABLE BENDING S TRESS OF Fla a 2.600 p,1 AND A MODULUS OF ELASTICITY OF E - 1,700,000 psi. ALL ENGINEERED WOOD PRODUCTS SHALL BE KEPT DRY DURING TRANSPORTATION AND STORAGE AND SHALL HAVE BEEN SUCCESSFULLY EVALUATED UNDER HER 119. ALL WOOD I -JOIS TS AND TRUSS JOISTS SHA LL BE INSTALLED IN STRIC T COMPUANCE WITH THE MANUFACTURER'S STANDARD RECOMMENDATIONS FOR BRACING, BEARING LENGTHS, STIFFENERS. SQUASH BLOCKS. KNOCK -OUTS, HOLES. AND BRACING. WHERE DIMEN SIONAL LUMBER ROOF TRUSSES ARE USED. THE FABRICATOR SHALL SUBMIT LAYO UT PLAN S AND ENGINEERING DRAWINGS FOR APPROVAL PRIOR TO FABRICA TION. WOOD CONNECTO RS. ALL > ittL FASTENERS OR CONNECTIONS IN CONTACT WITH PRESSURE TREATED LUMBER SHALL BE ZINC CO ATED IN ACCORDANCE WITH ASTM A 153. MADE OF S TA INLESS STEEL OR SHOW A SM ILER LEVEL OF CORROSION PROTECTION. TIMBER SC REWS UNLESS NOTED OTHERWISE. ALL SCREWS SHALL BE BY OMG/FASTEN MAS TER. WIT H A SHANK DIAMETER OF AT LEAS T 0.2 ", AND A THREA D DIAME TER OF AT LEAST 0.30'. EQUAL suas nimicris MAY BE MADE ONLY WITH DIRECT WRITTEN PERMISSION FROM THE ENGINEER SCREWS HOLES SHALL NOT BE PRE -DRILLED UNLESSOTHERWISENOTED, AND HAVE AT LEA ST 3' OF THREAD PENETRATION INTO THE CONNECTING MEM BER. • UNLESS OTHERWISE CALLED OUT IN THE PLANS FOR MORE STRINGEN T NAILING. NAIUNG SHALL MEET OR EXCEED THE NAIUNG IN 'TABLE R602.3(1) FASTENER SCHEDULE FOR STRUC TURAL M EM BERS" IN THE 2015 IRE. ALL NAILS SPECIFIED ARE COMMON. WHEN AIR GUN NAIUNG IS USED, CARE SHALL BE TAKEN TO USE TRUE CO MMON NAIL EQUIVALENTS REGARDING DIAMETER. (8d - 0.131'4. 10D - 0.148Y, 16d a 0.182'4 ). STFFI PI ATFS AND ANGLES A STM GRADE 4.36 OR BEl flit FINISHED PER CLIEN T SPECIFICATIONS STRAPS AND HM DOWNT. ALL STRAPS AND HOEDOWN S ARE BY SIMPSON STRONG -RE OR EQUIVALEN T. CONVENTIONAL RAF It/w SIMPSON H25 TO BE USED AT ALL RAFTER TO TOP PLA TE CONNECTI ONS STA IR STEtL STRAP T ES AT RIDGE ACROSS TOP OF RAFTERS ANCHOR ROI T1 UNLESS OTHERWISE NOTED. ANCHOR BOLTS SHALL BE 10' DIA, HAVE 7' OF EMBEDMEN T INTO CONCRETE. AND EXTEND AT LEAST 4' FROM TOP OF THE FOUNDATION WA LLS. ANCHOR BOLTS SHALL BE SPACED PER THE STRUCTURA L DRAWINGS BUT NO MORE THAN 4-0' 0.0. EACH SILL PLATE SHA LL HAVE AT LEAST THREE ANCHOR BOLTS. THERE SHALL BE ANCHOR BOLTS A MAX OF 12' FROM EACH W ALL OR SHEAR WALL END. ' DUPER FRAM E JOINERY UNLESS OTHERWISE CALLED OUT IN JOINERY DETAILS ON TIE STRUCTURAL AND TIMBER FRAME DRAWING S. THE JOINERY - SHOULD MEET THE FOLLOWING REQUIREMENTS. AND BE DETAILED IN ACCORDANCE WITH TFEC 1-19. 648 PLATE TO POST: 2-11' TIMBERSCREWS MIN PER CONNECTION. REFERENCE PLANS FOR SCREW PA TTERN AND LOCATION. 64B RAFTER TO 64 8 PLATE: 2-11' T MBERSCREWS TOP AND BOTT OM OF EACH RAFTER PER PLANS LAG SCREWS WHERE SPECIFIED UNLESS OTHERWISE SPECIFIED. BEAMS. RAFTERS AND PURUNS SHALL BE SECURED INTO THEIR SUPPORTS WITH -TIMBER SCREWS. • GENERAL NOTES: SUB -SLAB PREPARA TION. DAMP PR OOFING OR WATERPROOFING. ANY SUB -SLAB ELECTRICAL PLU MBING OR RADON PIPING, MD ALL FOOTINGS AND FLOOR DRAINS TO BE COORDINATED BY GENERAL CONTRA CTO R - SHRINKAGE OF TIMBERS MAY RESULT IN THE 'LOOSENING' OF BOLTS AND ALL -THREAD CONNECTORS. PERIODIC TIGHTENI NG OF THESE CONNECTIONS DURING THE FIRST SEVERAL YEARS OF THE STRUCTURES SERVICE UFE IS REQUIRED. DO NOT SCALE ANY DRAWINGS. EARTHWORK: CO MPUAN CE OF SOIL COMPACTION AND OTHER MEASURES TAKEN TO ACHIEVE THE ALLOW ABLE BEARING PRESSURE IN AREAS OF BACKFILL SHALL BE FIELD VERIFIED BY A QUAUFIED SOILS ENGINEER. CONCRETE: UNLESS NOTED OTHERWISE. CONCRETE SHALL HAVE A MINIMUM 28 DAY COMPRESSIVE S TRENGTH OF Ft >- 3,000PSI. WITH ALL SLABS FIG = 3.000PSI (4.000 PREFERRED). ALL CONCRETE EXPOSED TO WEATHER SHALL CONTAIN 6F AIR ENTRAINMENT OR SHOW EQUIVALENT FREEZE -THAW PROTECTION. DO NOT USE AIR -ENTRAINED CONCRETE IF IT TO BE STEEL TROWELED. - CONCRETE SHALL HAVE A MINIMUM COVER OVER ANY STEEL REBAR ACCORDING TO: - FOOTINGS (TO SOIL) 3' - PIERS 2" - PILAS TERS 1 )S' - - SLABS 1 X' FROM TOP - WALLS 1 1S" REINFORCING STEEL SHALL HAVE THE FOLLOWING YIELD STRENGTHS: - 60.0005E5 1 FOR µ k /S REBAR - 60.0000, 1 FOR 46 & LARGER REBAR UNLESS NOTED OTHERW ISE ON THESE STRUCTURAL DRAWINGS, ALL REBAR ARRANGEMENT AND BENDING SHALL BE IN ACCORDANCE W ITH THE LATEST EDITION OF THE ACI DETAILING MANUAL (ACT SP -88). HORIZONTAL REBAR SHALL BE CONTINUOUS AROUND ALL CORNERS. ALL FOOTINGS. POST PADS. AND SLABS ARE TO BE PLACED ON UNDISTURBED SOIL OR WELL -COMPA CTED FILL OR PINNED TO CLEANED LEDGE ALL S TRIP FOOTINGS ARE TO BE PLACED BELOW FROST UNE BUT N OT LESS THA N 24" AS REQUIRED BY LOCAL BUILDING CODE. ISOLATED PIER FOOTINGS SH ALL BE PLACED BELOW FINISHED GRADE PER CODE MINIMUM FOR LOCAL FROST DEPTH. FOUNDA TION WALLS ARE TO BE PLUMB, SQUARE, AND SIZED TO WITHIN A 1/4' OF RELATIVE ELEVATIONS SHOWN ON PLANS. • PROVIDE A 6 -M IL POLYETHYLENE VAPOR RETARDER WITH JOINTS LAPPED NOT LESS THAN 6' BETWEEN THE SUBGRADE AND CONCRETE FLOOR SLA BS. SLAB ON GRADE CONCRETE SHALL BE 4' THICK WITH #4 REBAR RUNNING AT 16' D.C. EACH WAY OR EQUIVALENT WELDED WIRE MESH. CENTERED IN THE SLAB. CONFIRM WITH ARCHITECT BEFORE USING FIBE RS OR OTHER REINFORCEM ENT ADDITIONS SINCE SLA B IS FINISHED FLOOR SURFACE. SUPPLY CONTROL JOINTS IN SLABS TO CREATE APPROXIMATELY SQUARE SHAPED SECTIONS WITH NO RE-ENTRANT CORNERS. JOINTS MAY BE CONSTRUCTION JOINTS. SAWN JOINTS , OR PREMOLDED JOINT STRIPS AT THE CONTRACTORS OPTION. M AXIMUM JOINT SPACING SHALL NOT EXCEED 15'. IN THE RARE EVENT THE A VERAGE DAILY TEMPERATURE IS EXPECTED TO BE BELO W 40 7 FOR THREE CONSECUTIVE DAYS , COLD WEATHER CONCRETING REQUIREMENTS SHALL BE FOL LOWE D. W HEN THE AMBIENT OR CONCRETE TEMPERATURES ARE EXPECTED TO BE ABOVE 907 OR STEEL AND FORMING MATERIAL ABOVE 1207 . HOT WEATHER CONCRETING REQUIREMENT S SHALL BE FOLLOWED. - I".O I D WE ATHER CCNCRFTING - CONCRETE SHALL NOT BE PLACED ON FROZEN SUBGRADE - SNOW. ICE. AND FROS T SHALL BE REMOVED FROM AL L REI NFORCING. FOR MS. AND OTHER SURFACES WHICH WILL BE IN CONTAC T WITH THE CONCRETE- - CONCRETE SHALL BE PROTECTED AGAINST DAMAGE FROM FREEZING FOR A MINIMUM OF 3 DAYS AFTER PLACEMENT. - WH EN FREEZING TEMPERATURES MAY OCCUR . BUT IN SHORT ENOUGH DUR ATION TO NOT BE OI ASGFIED AS COLD HEATHER. PROTECT CONCRETE FROM F REEZING FOR AT LEAST 24 HOURS AFTER CONCRETE PL ACEMENT . -. TEMPER ATURES OF CONCRETE SHALL BE MEASURED AT THE CONCRETE SURFACE, AND RECORDED FOR SHE FIRST 3 DAYS AFTER PLACEM ENT AT THE BEGINNIN G MIDDL E. AND END OF EACH WORK DA Y.. - THE TEMPERATURE OF THE CONCRETE SHALL NOT FALL BELO W: LEAST DIMENSION TEMP. - > 72' 407 38-72' 457 12-38' 507 <12' 557 - IF TEMPERATURE REQUIREMENTS ARE NOT MAINTAINED DURING THE REQUIRED PROTECTION PERIOD, CONTACT ENGINEER OF RECORD TO DETERMINE AMOUNT OF TIME REQUIRED TO EXTEND PROTECTION PERIOD. HOT WFATHFR CONCRETING - IF CONDITIONS DUE TO HEAT OR WIND INCREASE THE RISK OF ACCELERATED CURING. CONCRETE SHALL BE MODIFIED WITH SHE ADDITION OF RETARDING ADMIXTURE S APPROVAL BY THE ENGINEER OF RECORD IS RE QUIRED. - WATER SHALL NOT BE ADDED 70 THE CONCRETE MIXES 70 INCREASE WORKABIUTY. ANY WATER REDUCTION AGE NTS SHALL BE APPROVED BY THE ENGINEER OF RECORD BEFORE ADDING TO THE MIX . - CONCRETE SHALL NOT EXCEED 90 7 AT TIME OF PLACEMENT . CHILLED WATER , ICE, OR COOLED AGGREGATE MAY BE USED, PROVIDED TH AT T HE PROPER W/C RATIO IS MAINTAINED. ( 'AST IN PI ACE TO FRANCES - CONCRETE COVERED AS MEASURE D PERPENDICULAR FROM THE SURFACE IN THE DIRECTION OF MEASUREMENT SHALL NOT EXCEED 3/8'. - PLACEME NT OF FOOTINGS SHALL BE WITHIN SHE FOLL OWING: LEVEL AUGN MENT - Y to + 1/2' - LATERAL ALIGNMENT ± 2' - DIMENSIONS OF FOOTINGS SHALL BE WITHIN THE FOLLOWING: FORMED - 1/2" to + 2' EARTHCAST <2'W -1/Y to +3' > 2' W- 1/2' to +e" THICKNESS ± 1/2" - THE TOP OF FOOTING SLOPE SHALL NOT EXCEED 1 IN 10. mop: TIMBERS UNLESS OTHERWISE NOTED . SOLID SAWN TIMBER SHALL BE p1 AND BEI TEN DOUGL AS FIR. TIMBERS SHALL BE PLANED TO 3/4' UNDER THE STATED NOMINAL DIMENSION. GLULAMS ARE SOUTHERN YELLOW PINE . 24F -VS MI -1.8E NO CAMBER. SIZED TO THE STATED DIMENSION. DE CKING UNLESS OTHERWISE NOTED ALL ROOF DECKING SHALL BE 246 CEDAR. PINE OR DOUG FIR TWO DECKING EACH DECKING PIECE MUST BE CONTINUOUS OVER AT LEAST TWO RAFTERS. SECURE R/ (2) 18d FACE NAILS. TOE -NAIL AS REQUIRED TO EUMINATE GAPS THROUGH THE TONGUE 0 EACH SUPPORT LOCATION. DI ME NSIO NAL LU MBER ALL 24 DIMENSIONAL LUMBER SHALL BE KD /2 SPF OTHER SPECIES WITH EQUIVALENT ALLOWABLE DESIGN SIR. EENGT HS. 24 MATERIAL SHALL BE PLANED 1/2' TO 3/4' UNDER STATED DIMENSION . ALL SILL PLATES AND DIMENSIONAL W OOD FRAMING IN CONTACT WITH CONCRETE AND MASONRY SH ALL BE PRESERVATIVE TREATED W OOD IN COMPLIANCE WITH AWP A-U1 OR A N AT URALLY DECAY RESISTANT SPECIES. 1:04i9) VREA CIVIL \\.gg No .3 `+1AMALE 6/2/21 ggggg mmzg o g10 EW flat rtg ast 1Q a gdg qd ■ O i4 STYSPECK RESIDENCE CUST OM ADDITION o 00 f 39-H BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WIND DE510N SPEED: 140 Vu11 ODD 112, 2020 3875 STYSPECK RESIDENCE CUSTOM ADDITION sm l REEMSED: 11/4/20 TYW REVISED: 11/18/20 TYW REVISED: 1/7/21 TYW REVISED: 01/12/21 TYW REVISED: 01/27/21 TYW REVISED: 02/17/21 TYW FOVNDA11CN/SECTIONS 02/24/21 CSG REVISED: 03/16/21 CSC FRA11210 PLANS: 05/04/21 COO Imbed 21 ELY STREET S. DEII$TEIU, MA 01373 POST & BEAM © (413) 665-4006 MI RTS'W 80/20/20 THIS DRAWING IS THE PROPERTY OF HABITAT POST ATM IMAM. R IS NOT TO BE REPRODUCED, DISCLOSED TO OTHERS, OR OTHERWISE USED IN ANY MANNER E%CEPT AS AUTHORIZED IN WRITING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHORIZED USE, IT IS TO BE RETURNED PROMPTLY TO HABITAT POST AND BEAM, FINAL PLANS TO BE USED FOR CONSTRUCTION N 0 I IVAT1 g 1F T1 2020 3575 STYSPECK RESIDENCE CUSTOM ADDITION nun 2 REMISED: 11/4/20 TYW REVISED: 11/18/20 TYW REVISED: 1/7/21 TYW REVISED: 01/12/21 TOW REVISED: 01/27/21 TYW REVISED: 02/17/21 m4 FOLNDATION/SECTIONS: 02/24/21 CSC REVISED: 03/16/21 CSC 071011640 PLANS: 05/04/21 CSO BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WIND DESIGN SPEED: 140 Volt habitat 0 EL 21 Y STREET S. D21 0. , MA 01373 POST & BEAM© (413) 665-4008 ■ 010/20/20 IRIS DRAWING IS THE PROPERTY OF HABITAT POST AM BEAL. IT IS NOT TO BE REPRODUCED, DISCLOSED TO OTHERS, OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHOR® IN WRITING BY WUATAT POST AND BEAL. UPON COMPLETION OF AUTHOR® USE, IT IS TO BE RETURNED PROMPTLY TO HABITAT POST AND BEAM. FINAL PLANS TO BE USED FOR CONSTRUCTION Mdlcl ?IOO1J -1]ATI NIVW 26'-0' 10,-0' 2'-0 z wooao38 4'-10 3/8' wood 9NInn CD T 5'-2 3/4" 4'-5 3/4' 1 T L woo2ia38 W O 11'-51/0' 0 1/2' 9'-0' 51/4' 5 1/4' 1' 8 1/2 N ig QN, w /2 J -I I/O' A61 A21 A21 2-5 1/2" 9'-2 1/2' 3 I/O" 4'-01/2' 2'-3' 2'-3• A21 A21 28'-0' 2488 2488 2' C1 W 206 1 I A21 1 1 L J WINDOW HELL FOR CRAWL SPACE ACCESS 2-5 1/2' 9'-2 1/2" STEP 60664 4,-5' /4" 9'-0' 31/2 1/2' 10'-0' 5 1/4 38,-G. MU NO. • 2020 3875 STYSPECK RESIDENCE CUSTOM ADDITION >B� REVISED: 11/4/20 TOW REVISED: 11/18/20 TOW REVISED: 1/7/21 TYW REVISED: 01/12/21 TYW REVISED: 01/27/21 TYW REVISED: 02/17/21 TOW FOUNDADCN/SECDCNS 02/24/21 CSC REVISED: 03/18/21 C50 FRAMING PLANS: 05/04/21 C50 BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WIND DESIGN SPEED: 140 Vul1 1' habitat POST & BEAM © 21 WI 59541 S. DEERFIEID, MA 01373 (413) 865-4006 WNW TYW 0/20/20 THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM. R IS NOT TO BE REPRODUCED, DISCLOSED TO OTHERS, OR OTHERWISE USED Ai ANY MANNER EXCEPT AS AUTHOIBZED IN WRUNG BY HABITAT POST AEU BEAM. UPON COMPLETION OF AUTHORIZED USE, IT I5 TO BE 6ETURITD PROMPTLY TO HABITAT POST AND DEW. FINAL PLANS TO BE USED FOR CONSTRUCTION 38'-O. 10,-0' E Mdld ?JOO-11dA l 21gdd(1 6 — J 38'-0' w OMER 111 2020 3875 STYSPECK RESIDENCE CUSTOM ADDITION OW4 REVISED: 11/4/20 WY/ REVISED: 11/18/20 ITN REVISED: 1/7/21 Tr/ REVISED: 01/12/21 TRW REVISED: 01/27/21 TYW REVISED: 02/17/21 TM FOUNDA11CN/SECTIONS: 02/24/21 CSC REVISED: 03/16/21 050 FRANNO PLANS: 05/04/21 C50 BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WINO DESIGN SPEED: 140 Yult habitat 21 all STREET S. DEERFIELD, MA 01373 POST & BEAM © (413) 865-4008 ■ TYW OvIG/2G/ZG TNIS DRAWING IS THE PROPEAIY OF HABITAT POST AND BEAM. IT I5 NOT TO BE REPRODUCED, DISCI05E0 TO OTHERS, OR OTHERWISE USED IN ANY RAINIER EXCEPT AS AUH10R® IN WAITING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHOR® USE, IT IS TO BE RETURNED PROMPTLY TO WHAT POST AND BEAN. FINAL PLANS TO BE USED FOR CONSTRUCTION NYld'lOO-U d�ddS-1M 13 �5 REVISED: 02/17/21 TYW FOLN0611 I/SE6T1ONS 02/24/21 CSC REVISED: 03/16/21 COO FRAMNG PLANS: 05/04/21 COG BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 26 P.S.F. WIND DESIGN SPEED: 140 Vull 2020 3875 STYSPECK RESIDENCE CUSTOM ADDITION REVISED: 11/4/20 TOW REVISED: 11/18/20 TYW REVISED: 1/7/21 TOW REVISED: 01/12/21 1114 REVISED: 01/27/21 TYW habibdt 21 ELM STREET S. DEERFIELD, MA 01373 POST & BEAM © (413) 665-4006 01� Q TYW l''10/20/20 nos DRAWING IS THE PROPERTY OF HABITAT POST AND DEM. R IS NOT TO DE REPRODUCED, DISCLOSED TO OTHERS, OR OTHERWISE USED IN ANY WANNER IXCEPT AS AUTHORED IN WRIHNO BY HABITAT POST AND BEAM. UPON COMPLEBON OF AUTHORED USE, R IS TO BE RETURNED PROMPTLY TO HABITAT POST AND BEAM. FINAL PLANS TO BE USED FOR CONSTRUCTION NVIcl NOLLVCNflW 26'-0' 10.-0' ET05TING g6NNEY FOOTING 5'-2 1/2' 6'-10 1/2' 11'-5' L ngageg • oV g -_8 L 9 J 22'-11' 10.-0" OMER N0. 2020 3576 STYSPECK RESIDENCE CUSTOM ADDITION )�R REVI▪ SED: 11/4/20 TYW REVISED: 11/10/20 TYW REVISED: 1/7/21 TYW REVISED: 01/12/21 TYW REVISED: 01/27/21 ITN REVISED: 02/17/21 TYW FOUVDARON/SECTIONS: 02/24/21 CSC REVISED: 03/16/21 CSC FRANINC PUNS: 05/04/21 CSC BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WIND DESIGN SPEED, 140 Pull 1' habitat 21 Oil STREET S. DEENFlEW, MA 01373 POST & BEAM © (413) 665-4006 OIRI M cso M1/4'=1'-0' 02/24/21 11115 DRAWING IS 1HE PROPERTY OF HABITAT POST ANT BEAM. IT IS NOT TO BE REPRODUCED, DISCLOSED TO OTHERS, OR OTHERWISE USED IN ANY MANNER E2CEPT AS AUTHOR® IN WRING DY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHOR® USE, R IS TO BE RETURNED PROMPTLY TO HABITAT POST AND BEAM. FINAL PLANS TO BE USED FOR CONSTRUCTION 28'-0' 10•-0" NYld ONIV\1 1U 1]A 1 NIVW N N a � S N 2-2.10 P.T. END JOIST -5 1 /2* 3 1/2 ' FT co �b 4 1 9 I 2 1.4 NEADEN 01.96/9 HANGERS /r 06" /4•T 0 S Y 2 I 1-1' !Oil 111 a 9 1 2' L%L HEADER r/ 2.1 P.T. SILL t*4509 28'-0' m,y1 2-2.10 P.T. END JOIST 1-0. N OZRNEL 2020 3875 STYSPECK RESIDENCE CUSTOM ADDITION SW KT r2 REVISED: 11/4/20 TIN REVISED: 11/18/20 TYW REVISED: 1/7/21 TY W REVISED, 01 2/21 TYW REVISED: 01/27/21 TYW REVISED: 02/17/21 TYW FO DAR0N/SEC710NS: 02/24/21 CSC REVISED, 03/16/21 C5G FRAMPI5 PLANS: 05/04/21 CSO BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WIND DESIGN SPEED, 140 VW P hablat 21 ELM STREET S. DEERFIEID, MA 01373 POST & BEAM © (413) 665-4000 °g9e/24/z1 THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAN. IT IS NOT TO BE REPRODUCED, OSCLOSfD TO OTHERS, OR OTHERWISE USED IN ANY YAWNER EXCEPT AS AUTHOR® IN WRITING BY HABITAT POST AND BEAN. UPON COMPLETION OF AUTHOR® USE, IT IS TO BE RETURNED PROMPTLY TO HABITAT POST AND BEAM. FINAL PLANS TO BE USED FOR CONSTRUCTION NVld JNI1AY` J I lAIVgg gIV1d 9'-10 1/2' k m 2'-0• 1 1/2 ' 858 PLATE BEAN r/ 11' TIMBER SCREWS W g- 6x8 PLATE BEAM r/ 11' 11N8ER SCREWS 3 11 I # m k.' 11' PLATE BEAM r/ 13x8 PLATE BEAM r/ it' TIMBER SCREWS 11' TIMBER SCREWS . 7•-1' 4'-91/2' 18'-11/2' 8. 2c4 WALL PANEL 8'-5 1/4' 4'-9 3/8' F 'm ,g 1y g-' 058 PLATE BEAM w/ Bx8 PLATE BEAM w/ 658 PLATE BEAM w/ 11' TIMBER SCREWS 11' TIMBER SCREWS 11' TIMBER SCREWS ]: 9'-8 1/B' 9,-0. 9'-5 7/B' 9'-10 1/2" 1 1/2' 10'-0' 39'-0' OW NI 2020 3875 STYSFECK RESIDENCE CUSTOM ADDITION 7I F3 REENNSEO: 11/4/20 TYW RENSEO: 11 8/20 TYW REVISED: 1/7/21 TYW REVISED: 01/12/21 TYW REVISED: 01/27/21 TAY RE -NSF): 02/17/21 TYW FOIFODATICN/BECTIONS: 02/24/21 CSC REVISED: 03/16/21 CSG FRAMING PUNS: 05/04/21 CSG BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WIND DESIGN SPEED: 140 Gull 18 habitat 21 TAM STREET S. DETRFIELD, MA 01373 POST & BEAM © (413) 665-4006 RBI KCSC fa /21 THIS DRAWING IS THE PROPERTY OF HABITAT POST AND BEAM. IT IS HOT TO BE REPRODUCED, DISCLOSED TO OTHERS, OR OTHERWISE USED IN AMY MANNER EXCEPT AS AUTHOR® IN WRING BY HABITAT POST AND BEAM. UPON COMPLETION OF AUTHOR® USE, IT IS TO BE RETURNED PROMPRY TO HABITAT POST AND BEAN. FINAL PLANS TO BE USED FOR CONSTRUCTION NVId SNIW�d g11 1`91 -110D 15-8 1/2- 9'-10 1/2" 4 1 1/2' B 1 T. p ' m 8 8 PLATE BEAM Z. c 698 PLATE BEAN 6x8 PLATE BEAN 9 5'-0' 1 4'-6' 1 4'-6' l 4'-6' 1 7 4'-6' J 5'-0' 5'-0 3/4' 4'-11 1/4" U + N r S „ 8x8 COLLAR TELL 4'-6' as g Bz8 PISTE BEAM BxB COLLAR TIE c dmV 2x4 WALL PANEL I2 • 1 688 PLATE BEAN 688 PLATE SEMI a E. 688 PLATE BEAN 1 4- 9'-10 1/2' 1 1/2' 28'-0' 10,-0' 39,—O' 0100 1111, 2020 3875 STYSPECK RESIDENCE CUSTOM ADDITION >mn 74 REMISED: 11/4/20 TYW REVISED: 11/18/20 TYW REVISED: 1/7/21 TYW REVISED: 01/12/21 TYW REVISED: 01/27/21 TYW REVISED: 02/17/21 m6 FOUIDADQV/6ECTICNS: 02/24/21 COG REVISED: 03/16/21 COG FRAMING PLANS: 05/04/21 CSC BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WIND DESIGN SPEED: 140 Volt 18 hobbit 21 ELM STREET S. DEERFIELD, MA 01373 POST & BEAM © (413) 665-4008 1Y /4'=f —C oar 05/001 THIS DRAWING IS THE PROPERTY Of HABITAT POST AID BEAM. IT IS NOT TO BE REPRODUCED, DISCLOSED TO OTHERS. OR OTHERWISE USED IN ANY MANNER EXCEPT AS AUTHORIZED IN WRITING BY HABITAT POST AND BEAM. UPON COMPLETION Of AUTHOR® USE, IT IS TO BE RETURNED PROMPTLY TO HABITAT POSE AND BEAM. FINAL PLANS TO BE USED FOR CONSTRUCTION 26'-0' 10'-0' N`dId JNIWed ?1]1d`dN O b 2 F, r/ COWL k 1 1 4 HALF -LAPPED AT PEAK d 4-4" UMBER SCREWS �' 1414 COUNTERSINK & PLUG ;t mo 1 4x12 BEV. HEADER w/l/2x6' LAG SCREWS arty+ m r/2x6 TAD MP 5 1/2' RIGID ' 2' BEVELED IEO B. "3004 DECKING OO CWNG q9u q cz \\ 4. 248 BEV. HEADER r/2x2 SOFFIT NAILER 5' 28'-0' 9' -ID 1/2' 6 I 1/2' 248 BEV. r 2x2 SOFFIT HEADER NAILER g HALF —LAPPED AT PEAK 4-4' LIMBER SCREWS �+ COUNTERSINK & PLUG [� r z mt� BLOCNWC S 4'-85 8' 0. r 2x8 TAD 01 ROOF DECIGNO 8LOCRE40 2410 BEV r/2x2 • 5'-0 3/4' HEADER T NAILER 4'-11 1/4' 9'-10 1/2' 1 1/2" 10'-0' 38,-0' 2 A 2020 3875 STYSPECK RESIDENCE CUSTOM ADDITION 8D 6 f5 RE'11SED: 11/4/20 TYW REVISED: 11/18/20 TYW 00545ED: 1/7/21 TYW REVISED: 01/12/21 TYW REVISED: 01/27/21 TYW REVISED: 02/17/21 TYW RREMSED: 03/16/211 SG02/24/2/ CSC FRANE40 PLANS: 05/04/21 C50 BUILDING SITE: BREWSTER, MA GROUND SNOW LOAD: 25 P.S.F. WIND DESIGN SPEED: 140 Volt habitat 21 all STREET 5, DEERFIELD, MA 01373 POST & BEAM © (415) 665-4006 Wrl Aes° 05/04121 THIS DRAWING IS THE PROPERTY Of HABITAT POST MD DEM. IT IS NOT TO BE REPRODUCED, DISCLOSED TO OTHERS, OR OTHERWISE USED IN ANY MANNER ET(CEPT AS AUTHOR® IN WRITING BY. HABRAT POST AND DEM. UPON COMPLETION OF AUTHOR® USE, IT IS TO BE RETURNED PROMPTLY TO HABITAT POST AND BEAM, FINAL PLANS TO BE USED FOR CONSTRUCTION ROOF SYS TEM (BY OTHERS) ROOFING o/ RO OFING UNDERLAYMENT 0/ 1/2' CDX PLYWO OD 0/ 2x12 RAFTERS 0 16' o.c CONT. RIDGE VENT SIMPSON LSTA18 STRAP OVER RAFTER S 0 PEA K 2012 RIDGE BOARD ROOF SYS TEM R-42 ROOFING (BY OTHERS) 0/ ROOFING UNDERLAYM EN T w/ ICE AN D WA TER MEMBRANE AT EAVES (BY OTHERS) o/ 1/2' CDX PLYWOOD o/ 3-2' FOIL FA CED INSULATION of ROOFING UNDERLAYMENT o/ 2 06 TAG FIR ROOF DECKING o/ 60E1 RAT 1005 0 4 '-6' Dc N N N IN ry HALF LAPPED JOINT r/ 4-1/2'x 4' TIMBER SCREWS COUNTERSINK & PANG 12 2' RIGID IN SULATION BEVELED BLOCKING BOB PLA TE BEAM 2-A155 TIMBERUNX CONNECTORS 1 -EACH END OF COLLAR TIE B'-0' 8 204 NAILER 506 SIDEWALL POST EXTERIOR WALL R-20 W ALL PANELS 2x 4 STUDS 0 18' cc SHEAR W ALLS -ALL W ALLS ADD 1 LAYER THERMO-PLY INSULATED SHEATHING DIRECTLY TO S TUDS w/ 1' FOAM IN SULATION R-5 1/2' CDX PLYWOOD FAS TEN 18d0 8'o.B. EDGES. 8' O.O. FIELD DOW W EA THERMATE HOUSEWR AP SON G (BY O THERS) INSULA TION R-15 (BY OTHER S) 8 MIL POLY V .B. (BY OTHERS) 1/2' DRYWALL (BY OTHERS) 9 1/2' I -JOISTS 0 16' o.o. w/ 3/4' TAG P LYWOOD 2'03' OU TRIGGERS 0 EACH RAFTER ON TOP OF ROOF DECKING IWS/W A l1\11A1\W1 A RI\i\1 9 1/2' LVL HEADER w/MIU1.56/9 HANGERS 4 CONCRETE FILLED LALLY COLUMN EXPAND E)OSTING FOOTINGS TO P ROVIDE 16'x38' %12 MIN SUPP ORT UNDER NEW LILLY COLUMNS DRILL AND PIN INTO EXISTING FOOTINGS / µ REBARS 0 12' EACH WAY 3' OFF BOTTOM j/V1/\ B MIL POLY VAPOR BARRIER AT GRADE o /(RUSHED STONE BED FOUNDATION NO TES (4' FROST WALL) 10' POURED CONCRETE WALLS w/ 1-#4 REBAR AT TOP OF W ALL AND 1-µ REBAR AT BOTTOM o/ 20' N IDE x 10' DEEP CONTINUOU S CO NCRE TE FOOTINGS r/ 2-#4 REBARS CON TIN UOUS TO MINIMUM 48' BELOW GRADE - 6 MIL POLY VA POR BA RRIER AT GRADE o /CRUSHED STONE BED 5/8'x 12' ANCHOR BOLTS AT 48' ac AND 0 ALL CORNERS INSTALL A MINIM UM OF TWO (2) BOLTS PER PLATE SECTION NOT M ORE THAN 12' OR LESS THAN SEVEN (7) BOLT DIAMETERS FROM EACH END OF THE PLA TE SECTION ALL MASONRY OPENINGS TD BE DETERMINED AT JOBSITE WA TER PROOFING IN ACCORDAN CE TO SECTION R4062 \1\IC 2x10 P.T. SILL 0/ 5/8'x12' ANCHOR BOLTS 0 48' ac & ALL CORNERS Iil r¢E n 2x B BEVELED HEADER 8• w/ 108 A 104 TRIM 106 SOFFIT w/ 202 SOFFIT NAILER / 104 FRIEZE (TRIM BY DINERS) 2 04 P .T. LEDGER 0 20' YADE x 10' DEEP CONE CONC. FOO TINGS TO A MIN. 48' BELO W GRADE ROOF SYSTEM R-42 ROOFING (BY OTHERS) o/ ROOFING UNDERLAYMENT r/ ICE AND W ATER MEMBRANE AT EAVES (BY OTHERS) 0/ 1/2" CDX PLYWO OD o/ 3-2' FOIL FACED INSULATION o/ ROOFING UNDERLAYM ENT o/ 20 6 TAG FIR ROOF DECKING 0/ 8x 8 RAF Tt0 0 4'-B' Do. 8 12 ' RIGID INSULATION BEVELED BLOCKING No B PLATE BEAM HALF LAPPED JOINT w/ 4-1/2'x4 TIM BER SCREWS COUNTERSINK A PLUG 2-A155 TIMBERLINX CONNEC TORS 1 -EACH END OF COLLAR TIE 18'-0' 204 NAILER 612/21 2'x3' GUTRIGGERS.0 EACH RAFTER ON TOP Cf ROOF DECKING 6x6 SIDEWALL POST EXTERIOR WALL R-20 WALL PANELS 2 04 STUDS 0 16' cc SHEAR W ALLS -ALL W ALLS A DD 1 LAYER THERMO-PLY INSULATED SHEATHING DIRECTLY TO STUDS w/ 1' FOAM INSULATION R-5 1/2' CDX PLYWOOD FASTEN 18d0 e'ac EDGES. 8' cc FIELD DOW WEATHERMATE HOUSEWR.AP SIDING (BY OTHERS) INSULA TION R-15 (BY OTHERS) 8 MIL POLY V.B. (BY OTHERS) 1/2' DRYWALL (BY OTHERS) 9 1/2' I -JOISTS 0 16 ' D e. w/ 3/4" T AG PLYWOOD 241 BEVELED HEADER w/ 108 A 104 TRIM 106 SOFFIT r/ 2 02 SOFFIT NAILER / 104 TM0Ct (TRIM BY OTHERS) `a1.14 ,1N g7Vli l 1111111\/\i\!\l\lAl\/(lV1V \1\1\1\1\11\1\I #17,7t- #1a►. 2010 P.T. SILL w/ 5/8k12' ANCHOR BOLTS 0 48' ac & ALL CORNE RS 204 P.T . LEDGER 20' 20' WIDE x 10' DEEP CONE CONC. FOOTINGS 70 A MIN . 48' BELOW GRADE FOUNDATION NOTES (4 ' FROST WALL) 10 ' POURED CONCRETE WALLS r/ 1-µ REBAR AT TOP OF WALL AND 1-µ REBAR AT BOTTOM o/ 20' WOE x 10' DEEP CONTINUOUS CONCRETE FOOTINGS r/ 2-µ REBARS CONTINUOUS TO MINIMUM 48' BELO W GRADE 6 MIL POLY VAPOR BARRIER AT GRADE o/CRUSHED STONE BED 5/8'x12' ANCHOR BOLTS AT 48' ac AND 0 ALL CORNE RS INSTALL A MINIMUM OF TWO (2) BOLTS PER PLATE SECTION NOT MORE THAN 12' OR LESS THA N SEVEN (7) BOLT DIAMtIEKD FROM EACH END OF THE PLATE SECTION ALL MASONRY OPENINGS TO BE DETERMINED AT JOBSITE WATERPROOFING IN ACCORDANCE TO SECTION R4082 0 n r I B MIL POLY VAPOR B ARRIER AT GRADE o/CRUSHED STONE BED 4 FOOTING DRAIN o/ 24' CRUSHED STONE w/ BACKFILL FABRIC SECTION AT SUNROOM SECTION AT KITCHEN in A STYSPECK RESIDENCE CUST OM ADDITI ON UI ii 39-H 6" SOLID BLOCKING AT ALL POSTS 2-260 P.T. EN D JOISTS 3-2[10 P. T. BUILT UP GIRDER ROOF SYSTEM ROOFING (BY OTHERS) of ROOFING UNDERLAYM ENT r/ ICE AND W ATER MEMBRANE AT EA VES (BY OTHERS) 0/ 1/2" CDX PLYWOOD of 2 61 TB G FIR ROOF DECKING 0/ 66 3 RAFTERS AS NOTED" as 12 8 64 CORNER POST e COLLAR TIES 0/ 2-A155 TIMBERUNX CONNECTORS 1 -EACH END OF COLLAR TIE 18'-0• EXTERIOR WALL W ALL PANELS 2 c4 STUDS 0 16" nn r/i/Y CDX PLYWOOD FA STEN 1510 B"aa EDGES, B" nn FIELD DOW WEATHERMATE HOUSEW RAP SIDING (BY OTHERS) S/4x6 EOIEROR DECKING o/ I I BOB POST 2x 10 P.T. JOISTS 0 16" as u BASE NOR KNEE BRACE NOTCHED Y INTO POST AND DECK FRAMING w/4-4' TIMBER SCREWS PER END CONNECTION •I 2o B BEVELED HEADER 6 of 163 & 104 TRIM 1x6 SOFFIT of 202 SOFFIT NAILER 0/ 10 4 FRIEZE (TRIM BY OTHERS) BOB POST BASE 0 CONNECTOR BETWEEN BEAM & BUILDERS TUBE of 5/B"x 12" ANCHOR BOLT 12- CONCRETE FILLED BUILDERS TUBES of 24' x 12T DEEP FOOTING TO MIN. 48" BELOW GRADE DECK ATTACHME NT (ALL DECKS) REFER TO AWC-DCAB DECK GUIDES AND IRC SECTION ROOT EXTERIOR DECKS FOR COMPLIAN CE ATTACH DECK NAILER TO HOUSE r/ SPACE 1/2 '00 LAG SCREWS AT 1B" as 1/2 'x5" GALVANIZED L AG SCREW S 2' FROM TOP AND BOTTOM OF NAILER STAGGER PATTERN OF TOP AND BOTTOM PLACE LATERAL LOAD CONNECTORS AS REWIRED AT EACH END OF DECK INSTALL PER MANUFA CTURERS INSTRUCTIONS SECURE GIRDER TO PIE RS WITH BEA M HANGERS SECURE JOIST 1O GIRDER WITH JOIST HANGERS SECTION AT SCREEN PORCH 0 C.) W CT CO CC y O Z 0 T/7O Z J 0 aL .1 0 Z Z W CT STYSPECK RESIDENCE \k Wes§ g3; 39-H 16.4 FNDH Stone, Po king N OTE: This property is n ot locate d w ithin a Spec ial Rood Haza rd Area . ^^ This pro pe rty is not loca te d w ithin a Zon e II, Drin king W ater Protection District N 8710'50" E 100.00' 16.7 s 18. 8 Total A rea Existing Ho use TOF 0 9 18.0 Thres h 0 El 18. 9 MORAN ENGINEERING ASSOC.,LLC 508-432-2878 941 MAIN STREET RTE 28, HARWICH, MA EXISTIN G & PROPOSED CONDITIONS SITE PLAN Prepared For. Pau l Stys peck 93 SIX PENNY LANE BREWSTER. MA PR OJE CT: 21-112 DATE: 5/27/2021 =: PROPOSED ;$ =3_== ADDITION Ei {on c raw l apace loundot... ' Co 7 273' 17.5 PROPOSED SCREEN PORCH op en. pen. tube h pos t foundation) 9, 769 SF4 0.22 Act EN FND 7o ntn g Compliance Zo ne: Rid N 82 10'50"E\ 110.00' Zoning* Existi ng Propo sed M in Front Setba ck 20 ' 35 .4746.6' 33.0728.7' Min Side Setback 10' 22.9 ' u ncha ng ed M in Rear Setb ack 10' 34.4' 27.7' Building Coverage" (per curre nt zo ni ng) (2442 sf) 25%m ax (967sf) 9.9% (1622sf) 16.6% "See Brewst er Zo ning Code Ch.179-26, B. (Plan of land recorded D ec. 1 1960) "A s .7 of Lot 2 squ are f ootage only Etlge W etland ly 92 10'50" E 97.92' Flood Plain ▪ Limit Abo ve 100yr hod P lats s J� 31,891 SF ± 12 / SCALE: 1"=20' 0' 20' 40' 60' *El evation Datum is NAVD-8 8 0.73 Ac t 11,170 SF ± 0.26 Ac t S 8710'50 Ab ove 100 yr Fl ood Plain Flo od Z one AS SI-13 Floo d Zo ne Ad 64-13 Fl ood Plain �� Limit LOCATION MAP Par cel ID: 37-37, 38, 39 D eed Bk.25270 , Pg.227 Pl an Bk .159 , Pg.29 Lots 2, 3, 4 Application#21-18 www.brewster-ma.gov Page 1 of 1 8/5/2021 DEPARTMENT REVIEWS Application #21-18 APPLICANT/OWNER: Pioneer Builders LLC REPRESENTATIVE: Daniel Howard MAP/LOT: Map 37, Lot 37 PROPERTY ADDRESS: 93 Sixpenny Lane Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator  The packet for this property does not have any DEP Wetlands Delineation Forms to document the edge of the wetland areas, as well as the associated 50 and 100 foot buffers. There is a wetland across the street as well as east of the property, and there are no wetland flags noted on the site plan (these get placed as the wetland line is delineated and are marked on the site plan). Plot plans can be used to approximate wetlands but a delineation must be completed to document the up-to-date on-the-ground locations. I have attached an aerial view as well as site plan for 90 Lower Road (you’ll see this property on Lower Road in the aerial image). The wetland south of 93 Six Penny appears to be significantly larger and closer than the site plan currently details. The wetlands closest need to be delineated and the associated 50 and 100 foot buffers determined for the site plan to be considered accurate – and to determine if (very likely) a permit will be needed from the Conservation Commission. I will be reviewing our files on Monday to see if there are any other plans on file for nearby properties that can help. Historic District Com. Comments received from Sara Provos, Senior Department Assistant The property was approved by HDC per Application #H-21-5-132 (attached). Police Dept. Comments received from Lt. George Bausch  The Brewster Police have no issues at this time. Health Dept. Comments received from Amy von Hone  Per the Health Department records, the existing property consists of an existing 2 bedroom dwelling serviced by a 1993 Title 5 septic system with a total capacity of 3 bedrooms. The proposed addition meets the minimum setback requirements and maximum septic capacity per Title 5 and local standards. The Health Department has issued a Building Waiver for the addition. Any changes to the proposed floor plan will require full review and approval by the Health Department prior to approval. Building Dept. Comments received from Victor Staley This property is properly before the Zoning Board of Appeals. Fire Dept. Comments received from Chief Moran If approved, the addition of the bedroom to the dwelling mandates the upgrade of the smoke and carbon monoxide detectors system to current compliance. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov July 10, 2021 Town of Brewster Attn: Zoning Board of Appeals 3198 Main St Brewster MA 02631 Re: #93 SixPenny Lane — Proposed Addition for Paul and Kristen Styspeck Dear Board: We are writing in support of the proposed home addition for the subject property which is owned by the Styspeck family. We have known the owners since we purchased our adjacent home at #83 SixPenny Lane approximately five years ago. Copies of the proposed addition architectural design and site plan have been provided to us for review. We believe that the small post and beam addition will be a welcome upgrade in the neighborhood. And it should also have no negative impacts on the abutting properties due to its relatively small size. The Styspecks have been good neighbors during our time of ownership. And we have both helped each other improve our properties for the neighborhood. Since Paul is a Registered Professional Civil Engineer in Massachusetts, we feel confident about the overall details and have witnessed his thorough design process. At the same time, the addition architecture appears to be keeping the theme of our beach -style cottages in this Paines Creek village area. Sincerely, Ian and Carrie Vonhold July 17, 2021 Town of Brewster Attn: Zoning Board of Appeals 3198 Main St Brewster MA 02631 Re: #93 SixPenny Lane — Proposed Addition to Styspeck Residence To whom it may concern: I am writing in full support of the proposed home addition for the subject property. My family owns #35 SixPenny Lane which is owned under the Four Pence LLC and I am the authorized owner's representative. Our Property abuts the back of #93 SixPenny Lane owned by the Styspecks whom we have now known for several years. We have reviewed their intended home addition plans. And we feel that it would be a nice improvement to the property and our neighborhood. Sincerely, /f rr% John Garstka, - Four Pence, LLC TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 37/37/0 92 SIX P 37/34/0 35 SIX PENNY. LANE 37/36/0 83 SIX PENNY. LANE 24/0 NY. LANE 37/33/0 ENNY. LANE 37/38/0 0 LOWER ROA #21-19 Applicant: Latham Centers, Inc. Represented by Attorney Andrew Singer 1439 Main Street Law Office of Singer & Singer, LLC 26 Upper County Road P. 0. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Marian S. Rose Myer R. Singer (1938-2020) July 26, 2021 Via E -Mail Brewster Board of Appeals 2198 Main Street Brewster, MA 02631 Re: 1439 Main Street, Brewster (ZBA Case #21-19) Dear Members of the Board, Tel: (508) 398-2221 Fax: (508) 398-1568. www.singer-law.com I am writing on behalf of the Applicant in the above -referenced case, Latham Centers, Inc., to respectfully request that the hearing on its Case No. 21-19 be continued from August 10, 2021, to the Board's meeting on September 14, 2021, to allow the Applicant additional time to prepare for the meeting. Thank you for your consideration of this proposal. Very truly yours, Andrew L. Singer Andrew L. Singer ALS/a #21-20 Applicant: Molly Perdue Represented by Attorney Joshua M.D. Segal 2095 Main Street FEo RPORA19, BC,5 #0/011111 1100 01011f1rr1u//io/ REW ST 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 # (:;!/ -0190 APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) NAME OF APPLICANT Molly Perdue REPRESENTATIVE Joshua M.D. Segal PHONE NUMBER (617) 439-4990 ext. 3081 MAILING ADDRESS 88 Black Falcon Ave., Suite 345, Boston, MA 02210 PROPERTYADDRESS 2095 Main St., Brewster, MA 02631 CURRENT PROPERTY OWNER(S) Molly Perdue REGISTRY OF DEEDS TITLE REFERENCE BOOK 26358 CERT. OF TITLE # PLAN # TOWN MAP # 68 LOT # 43 LAND COURT # PAGE 202 OR ZONING DISTRICT R -M YEAR BUILT 1840 STATEMENT OF PROJECT Use of Property for purposes of home occupation. /s/ Joshua M.D. Segal, Lawson & Weitzen, LLP 6/23/2021 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 STREET ADDRESS YEAR BUILT MAP # LOT # ZONING DISTRICT List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED • 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 • proposes is the setback being requested FRONTAGE: EXISTING LOT SIZE: LOT COVERAGE EXISTING % PROPOSED % SIZE OF PARCEL sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft. BUILDING HEIGHT: EXISTING PROPOSED SPECIAL PERMITS: REQUIRED ALLOWED1% ❑ 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. 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 m 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. Additionally, please see the attached Memorandum in support of Applicant's appeal to the ZBA attached hereto as Exhibit B. 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 (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 EXHIBIT A May 27, 2021 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHoNE: (508) 896-3701 En 1125 Fax: (508) 896-8089 EMAIL: BUI LDING@BREWSTER-MA.GOV WWW,BREWSTER-MA,GOV Dr. Molly Perdue 2095 Main Street Brewster, MA 02631 Re: 2095 Main Street, Identified on Assessor Map 68 Lot 43 Dear Dr. Perdue, OFFICE OF BUILDING DEPARTMENT Thank you for meeting with me at your property noted above on Friday, May 21, 2021 to review your Home Occupation relative to what is on file with the Building Department. The origin of my review was due to a written complaint to the Building Department from your neighbor of 2091 Main Street regarding the non-residential use occurring at your property. Enclosed please find a Certificate of Use and Occupancy for the operation of a Home Occupation as defined In the Brewster Zoning Bylaw. This Certificate was issued based primarily on the floor plan (enclosed) submitted to the Building Department. Initially I was reluctant to commit to the proposed floor plan, but Ms. Beverly Braverman assured me that the use will not deviate from this plan. Please note that there.is a portion of one of the smaller rooms sectioned off as personal storage. Again, I had some misgivings about a curtained off portion of a room'but decided to act positively on the proposed floor plan that recognized approximately 499 square feet of floor area dedicated to your Home Occupation, On my recent site visit, you introduced me to two people who work for your organization. One of these people was at a computer workstation located in the "personal space" identified on the original floor plan. In fact, there were two other computer workstations in the room which was supposed to be considered personal space and not used as a part of the Home Occupation. You claimed that you did use this personal space for your personal use, and that may be so at times, yet my visual observations were that the computer workstations located in the identified personal space were used for your Counseling Service, thus violating the original approval of the area recognized as a Home Occupation. If you wish to continue to be recognized with a Home Occupation pursuant to the Brewster Zoning Bylaw, you will bring all your Home Occupation workstations into the originally approved space. Furthermore, the Building Department will have authority to stop by your property at random times to verify that you are complying with the Certificate of Use and Occupancy. TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701ExT 1125 FAX: (508) 896-8089 EMAIL: BUILDING@BREWSTER-MA.GOV W W W.BRE WSTER-MA.GOV OFFICE OF BUILDING DEPARTMENT If you are aggrieved with this decision, you have a right to petition the Board of Appeals pursuant to Massachusetts General Law, Chapter 40-A, Sections 8 & 15 to have my decision amended or overturned. Please keep in mind that an aggrieved application must be submitted within 30 days from the date of this letter. If you feel that the original floor plan is too restrictive, you also have the right to petition the Board of Appeals for a Dimensional or Use Variance pursuant to Section 52 of the Brewster Zoning Bylaws. Applications for the Board of Appeals may be obtained from the Town's website or in person from the Planning Department. If you have any questions, please do not hesitate to contact the Building Department. V5/sp Enclosures cc: Board of Appeals Ryan Bennett, Town Planner Health Department Victor E. Staley Building Commissioner 2 The (omnrog veirlln cf eroo'atcnus'ette) TOWN OF BREWSTER In accordance with the 9l2assachusetts State Building Code, 8th Edition, this CERTIFICATE OF USE AND OCCUPANCY PERDUE MOLLY I %nave inspected the IMPROVEMENT OF AUXILLIARY BUILDING, CREATE HOME OCCUPATION - COUNSELING SERVICE. located at 2095 MAIN STREET 91/tap/Lot 68-43-0 - Town of Brewster, Barnstable County, Commonwealth of Wassachusetts. To the best of my knowledge, and unless otherwise noted below, the structure is in compliance with the State Building Code, 780 C7v1aR andfor the purpose stated below. in the Building Eermit # 177 X0s 14-11-941, Old Map 16 Lot 29, *Construction work performed without permit or inspections - see USE oroppnyIr 1�tter* LIVE LOAD unknown FIRE GRADINGUU 5-B OCCUPANCY Maximum 5 People Date Certificate Issued; 11/18/2014 Building Official EXHIBIT B MEMORANDUM IN SUPPORT OF MOLLY PERDUE'S APPLICATION TO THE ZONING BOARD OF APPEALS I. INTRODUCTION Molly Perdue ("Perdue" or "Applicant") owns property located at 2095 Main Street, Brewster, Massachusetts, 02631, Brewster Parcel ID 68-43-0, (the "Property") where shehas her primary residence and operates the Alzheimer's Family Caregivers Support Center, Inc. (the "Center"), a non-profit organization. The Town of Brewster (the "Town") has recognized the Center as a home occupation since at least 2014. However, after a complaint, the Town contacted Perdue to conduct an inspection. Eventually, the Town's Building Commissioner sent Perdue a letter on or about May 27, 2021, with a determination that the home occupation was in violation of the Town's by-laws and that certain requirements must be met in order for the Town to continue to recognize the home occupation. For the reasons expounded upon below, the Building Commissioner's decision is contrary to state law and is arbitrary and capricious, and the Brewster Zoning Board of Appeals should reverse the order. II. FACTUAL BACKGROUND Perdue owns and resides at 2095 Main Street, Brewster, MA 02631. While Perdue uses the Property as her primary residence, a section of the Property is also used to operate the Center, a non-profit corporation focused on supporting individuals and educating the community about Alzheimer's disease. On or about November 18, 2014, a Certificate of Use and Occupancy for the operation of a home occupation was issued for the Property based on a submitted floor plan. The Certificate and floor plan are attached hereto as Exhibit 1. The floor plan was submitted as evidence of compliance with the Town of Brewster's Zoning By -Law (the "By -Laws") § 179-37 which requires that "[t]he area used for the home occupation shall not exceed 40% of the existing floor area of the principal building and/or the accessory building(s) or 499 square feet, whichever 1 is less." Subsequently, for over eight (8) years, Perdue resided at the Property and operated the Center without issue. However, Perdue was informed that she improperly placed the Center's workspaces in the Property's "personal space." Building Commissioner Victor E. Staley (the "Building Commissioner") stated that the concern was in response to a written complaint (the "Compliant") from one of the Property's abutters who was concerned about the Property's non-residential use. In response to the Complaint, on or about May 21, 2021, Perdue met with the Building Commissioner at the Property to review the home occupation relative to what was on file with the Building Department. While visiting, the Building Commissioner noticed that there was an individual sitting at a workstation, as well as two unused workstations, outside of the designated home occupation area. While Perdue clarified that she did use this space for personal use, the Building Commissioner found that the workstations were used for the Center, and therefore were in violation of the original approval of the home occupation. The Building Commissioner's decision (the "Decision") is attached hereto as Exhibit 2. Under state law, and for the reasons expounded upon below, Perdue did not need permission to operate a home occupation; the By -Law's restriction on space is an improper restriction on a residential house under state law; the restrictions are improper under the Dover Amendment; and the restrictions on the number of non-resident employees and square footage are arbitrary and capricious. Therefore, the Town of Brewster's Zoning Board of Appeals ("ZBA") should find that the Property does not need to abide by the Building Commissioner's Decision and the By -Laws' restrictions. III. ANALYSIS A. Standing Under G.L. c. 40A 2 As a prerequisite, Perdue has standing to bring this appeal under G.L. c. 40A. Chapter 40A, § 8 states that "[a]n appeal to the permit granting authority as the zoning ordinance or by- law may provide, may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative offrcer...in violation of this chapter of any ordinance or by-law adopted thereunder." Section 15 states that "[a]ny appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed." Here, Perdue has standing to bring this Appeal under G.L. c. 40A, § 8 because she is a person aggrieved by the Building Commissioner's Decision, and this Appeal was submitted within thirty (30) days of the Decision being rendered. B. The Center was a Home Occupation Under the By -Laws. First, the Center was a home occupation for purposes of the By -Laws. Section 179-2 of the By -Laws define "home occupation" as "[a]n accessory use to be carried on entirely within a principal building, and/or accessory building(s), by the residents of the principal building with no more than two nonresident employees, and not in any manner changing the primary residential character of the property." Here, the Center fits the definition of a home occupation. The Center is carried out entirely within the auxiliary building on the Property, by Perdue, who is the owner and resident of the Property. Further, the Center does not change the primary residential character of the Property because all of the Center's undisruptive activities take place in a separate, auxiliary building away from the primary residence. As such, the Center is a home occupation for purposes of § 179-2. C. The Square Footage Restriction of Section 179-37 of the By -Laws is an Improper Restriction of the Interior of a Residential House. 1. Section 179-37 of the By -Laws Violates G.L. c. 40A § 3 3 The By -Laws' restriction on space is an improper restriction on a residential house because it contradicts state law. Mass. Gen. Law c. 40A § 3 states that "[n]o zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building." Thus, under the plain terms of c. 40A § 3, the By -Laws cannot restrict the interior space of the Property, which consists solely of single-family residential buildings, by requiring the home occupation space to be limited to 499 square feet. While the Building Commissioner relies on the distinction between "personal space" and "home occupation space" within the residential buildings, this distinction is irrelevant under c. 40A § 3 because the By -Laws' separation or space requirement in and of itself directly violates § 3. In essence, the Building Commissioner's Decision concerning the placement of workstations within the auxiliary building, was based exclusively on the distinction between "personal space" and "home occupation space" which is irrelevant under c. 40A § 3. Therefore, the Decision's reasoning directly contradicts state law, and the Building Commissioner did not have any basis to find that the Property is in violation of the home occupation requirements or to impose additional restrictions or requirements on the Property. 2. Section 179-37 of the By -Laws Violates of the Dover Amendment The restrictions are altogether improper under the Dover Amendment because the Center's primary and dominant purpose is educational. The Dover Amendment states that no "[zoning] ordinance or by-law [shall] prohibit, regulate or restrict the use of land or structures...for educational purposes on land owned or leased...by a nonprofit educational corporation...". G.L. c. 40A § 3. "The Dover Amendment protects only those uses of land and those structures that have as their bona fide goal something that can reasonably be described as `educationally significant.' Regis College v. Town of Weston, 462 Mass. 280, 285 (2012); Whitinsville Retirement Soc'y Inc. v. Northbridge, 394 Mass. 757, 761 n.3 (1985). However, courts have 4 "refused to limit [the] Dover Amendment protection to traditional or conventional educational regimes." Id.. The Commonwealth's Supreme Judicial Court has established that "the word `education,' as employed in Massachusetts statutes and cases, 'is a broad and comprehensive term.' Regis College, 462 Mass. at 285 (quoting Mount Hermon Boys' Sch. V. Gill, 145 Mass. 139, 146 (1887)). While Courts have taken a broad approach to the applicability of the Dover Amendment, the educationally significant goal "must be the `primary or dominant' purpose for which the land or structures will be used." Regis College, 462 Mass. at 285 )quoting Whitinsville, 394 Mass. at 760). Here, the Center is a nonprofit corporation that occupies the auxiliary building on the Property, which was primarily and predominately used for educational purposes. First, the Center is a registered 501(c)(3) nonprofit corporation in the Commonwealth of Massachusetts, with a principal place of business at the Property. The Center's Articles of Organization are attached hereto as Exhibit 3. Further, the Center's primary purpose is educational. As demonstrated on the Center's website, the Center provides psychosocial educational supports to families, professionals and individuals living with Alzheimer's and other dementia -related diseases.' The Center's services include but are not limit ed to support groups, consultations, care planning, phone support, community education, dementia training, and social and cultural programming.' While the Center may not be a traditional school, at the very core of the Center's purpose is the goal of educating individuals and the community about Alzheimer's. See Regis College, 462 Mass. at 285 ("A proposed use of land or structures may have an educational purpose notwithstanding that it serves nontraditional communities of learners in a manner tailored to their individual needs and capabilities."). As such, the Property is protected under the Dover Amendment and the Town is 1 http://www.alzheimerscapecod.org/ 2 http://www.alzheimerscapecod.org/educational-programs-and-services.html 5 prohibited from enacting by-laws that restrict the use of the Property. Thus, the restrictions for home occupation set out in § 179-37 of the By -Laws are unenforceable against the Property because it is protected by the Dover Amendment and the Building Commissioner's restrictions are unlawful. D. In the Alternative, An Individual Does Not Need Permission to Operate a Home Occupation. If the Court fmds that the Dover Amendment does not apply, which it does, Perdue did not. need permission to operate the Center because she could operate the center as a home occupation as of right. Section 179-37 of the By -Laws lists the following requirements for home occupations: (1) The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance or in any other way; (2) Any such building shall include no feature of design not customary in buildings for residential use; (3) No more than two nonresidents shall be employed therein; (4) The use is carried on strictly within the principal building on the premises and/or the accessory building(s); (5) The area used for the home occupation shall not exceed 40% of the existing floor area of the principal building and/or the accessory building(s) or 499 square feet, whichever is less; and (6) Items produced elsewhere shall not be brought to the premises for purposes of sale. While the By -Laws list several requirements, they make no mention of the need to obtain approval from the Building Department or be granted a certificate of use and occupancy for the home occupation. Therefore, so long as the home occupation is compliant with the above -listed restrictions, the home occupation can operate as of right. Furthermore, the Property is zoned in an R -M district which, according to the Town's Table of Use Regulations, permits a home occupation as of right. 6 Here, contrary to the Building Commissioner's representations, Perdue does not need permission to operate a home occupation because she can do so as of right under the By -Laws. This is because, if the Planning Board had intended on requiring a certificate of use and occupancy to operate a home occupation, it would have set out such a requirement in § 179-37 of the By - Laws. Therefore, a certificate of use and occupancy relating to the home occupation was unnecessary, and the Building Commissioner's understanding of the home occupation at the time the certificate of use and occupancy was issued is irrelevant. Furthermore, as Perdue has complied with the lawful restrictions set out in the By -Laws, which are discussed in detail below, the Building Commissioner's suggestion that the certificate' of use and occupancy and submitted floor plan (Exhibit 1) provide any basis for additional restrictions on the home occupation is without any basis. E. The Property Complies with the Lawful Requirements for a Home Occupation as Set Out in the By -Laws. While the Property does not need to comply with the By -Laws because it is protected by the Dover Amendment, the Property, and operation of the Center as a home operation, comply with § 179-37 of the By -Laws. First, the Property, including the auxiliary building where the Center is operated, does not impact the residential character of the neighborhood because the Center is operated entirely inside of the auxiliary building. Therefore, the Center has no impact on the aesthetic of the neighborhood and as such, does not disturb the residential character. Second, the auxiliary building was standing before the Center occupied the Property and there has been no material changes to the auxiliary building. Therefore, the auxiliary building and its features are customary for residential use, or at the very least were not changed to accommodate the Center's occupancy. Third, while the By -Law does not define "employed" for purposes of § 179-37, the Center does not have more than two employees on its payroll or more than two non - 7 residents working at one time. Lastly, the Center does not sell items produced outside of the Property. For the reasons described below, the only outstanding requirement, that the "home occupation shall not exceed 40% of the existing floor area of the principal building and/or the accessory building(s) or 499 square feet, whichever is less" is unlawful. Thus, aside from the unlawful restriction discussed in detail below, the Property is compliant with § 179-37 and therefore, the Building Commissioner did not have the authority to place additional restrictions on the Property as done in the Decision. F. The Restrictions on the Number of Non Resident Employees and Square Footage are Arbitrary and Capricious. Lastly, even if the Property is not protected by the Dover Amendment, which it is, and the Court finds that the Property is in violation of the By-laws, which it is not, the By -Law's restriction on the number of non-resident employees permitted and the limit of home occupation space to 499 square feet is arbitrary and capricious. "A decision is arbitrary or capricious . .. where it `lacks any rational explanation that reasonable persons might support.' Perullo v. Advisory Committee on Personnel Standards, 476 Mass. 829, 836 (2017); See also American Family Life Assurance Co. v. Commissioner of Ins., 388 Mass. 468, 478 (1983) ("[A] plaintiff challenging a regulation as arbitrary and capricious bears the heavy burden of `proving on the record the absence of any conceivable ground upon which [the rule] may be upheld."). As discussed above, § 179-37 restricts the use of land as a home occupation. While it is • understandable why the Town would place restrictions on the use of property as a home occupation, the By -Law's restriction on (1) the number of non-resident employees permitted and (2) the limit of 499 square feet of home occupation space are not grounded in reason, nor do they relate the to By -Laws' purpose. First, the number of non-resident employees is irrelevant to the operation of a home occupation. While employees may frequent a property where a home 8 occupation is located, there is no difference between the presence of social guests and an employee. In fact, because the By -Laws require that a home occupation's activities occur within the primary residence or auxiliary buildings on the property, whereas a social guest has no such restrictions, a social guest would be more visible and potentially more disruptive than an employee. Thus, there is no rational explanation as to why the By -Laws permit an unlimited number of social guests both within the buildings and around the Property but limit the number of employees allowed inside of the auxiliary building to no more than two employees. In fact, theoretically the Center could have two employees and thirty customers at the Property without reprocussion, but be penalized for having three employees and zero customers. This reasoning cannot be considered anything less than arbitrary and capricious. Second, the By -Laws' restriction on the square footage of a home occupation is not grounded in reasoning and therefore, is arbitrary and capricious. Section 179-37 of the By -Laws states that "[t]he area used for the home occupation shall not exceed 40% of the existing floor area of the principal building and/or the accessory building(s) or 499 square feet, whichever is less." Effectively, this restriction limits the operation of a home occupation to a 22' x 22' space without any justification. The Decision, which emphasizes the placement of workstations outside of the designated home occupation area, gives no explanation as to why a home occupation cannot be extended to any other arbitrary size aside from the By -Laws' subjective determination regarding the amount of space necessary to run a business. The By -Laws do not account for different types of businesses, the differentiating layouts between properties, or even the diverse needs of potential clients. Instead, the By -Laws arbitrarily stamp home occupations with a spatial limit without providing any justification or rationale behind the choice of 499 square feet as opposed to a larger, or even smaller, restriction. While the spatial limit altogether violates state law, as described 9 above, the subjective determination that home occupations must occupy less than 499 square feet of the Property is not grounded in reason such that it is arbitrary and capricious. IV. CONCLUSION For the foregoing reasons, the Applicant respectfully requests that the ZBA find that the Building Commissioner's Decision is unfounded and contrary to state law and that the Building Commissioner did not have the authority to impose additional restrictions on the Property or suggest that the Town would cease to recognize the Center as a home occupation if such restrictions were not complied with. Respectfully Submitted, Applicant MOLLY PERDUE By her Attorneys, p- AP 0 June 23, 2021 10 Josh M. D. Segal (BBO# 678367) Brianna L. Paton (BBO# 707587) LAWSON & WEITZEN, LLP 88 Black Falcon Ave., Suite 345 Boston, MA 02210 (617) 439-4990 jsegal@lawson-weitzen.com bpaton@lawson-weitzen.com Exhibit 1 AliIIf is issued to: The (omworrtveir!in of Jdosrchw3€tts' TOWN OF BREWSTER In accordance with the Massachusetts State Building Code, 8th Edition, this CERTIFICATE OF USE AND OCCUPANCY PERDUE MOLLY I have inspected the IMPROVEMENT OF AUXILLIARY BUILDING, CREATE HOME OCCUPATION - COUNSELING SERVICE. located at 2095 MAIN STREET Map/Got 68-43-0 - in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts. To the best of my ktiowledge, and unless otherwise noted below, the structure is in compliance with the State Building Code, 780 DIM andfor the purpose stated below. Building Termit # 177 Notes 14-11-941, Old Map 16 Lot 29, *Construction work performed without permit or inspections - see USE 3F nylr l tter* LIVE LOAD unknown FIRE GRADING 5-B OCCUPANCY Maximum 5 People Date Certificate Issued: 11/18/2014 Building Official Exhibit 2 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA02631 PHoNE: (508) 896-3701 ExT 1125 Fax: (508) 896-8089 EMAIL: BUILDING@BREWSTER-MA,GOV WWW,BREWSTER-MA,GOV May 27, 2021 Dr. Molly Perdue 2095 Main Street Brewster, MA 02631 Re: 2095 Main Street, Identified on Assessor Map 68 Lot 43 OFFICE OF BUILDING DEPARTMENT Dear Dr. Perdue, Thank you for meeting with me at your property noted above on Friday, May 21, 2021 to review your Home Occupation relative to what is on file with the Building Department. The origin of my review was due to a written complaint to the Building Department from your neighbor of 2091 Main Street regarding the non-residential use occurring at your property. Enclosed please find a Certificate of Use and Occupancy for the operation of a Home Occupation as defined in the Brewster Zoning Bylaw. This Certificate was issued based primarily on the floor plan (enclosed) submitted to the Building Department. Initially I was reluctant to commit to the proposed floor plan, but Ms. Beverly Braverman assured me that the use will not deviate from this plan. Please note that there.is a portion of one of the smaller rooms sectioned off as personal storage. Again, I had some misgivings about a curtained off portion of a.room'but decided to act positively on the proposed floor plan that recognized approximately 499 square feet of floor area dedicated to your Home Occupation. On my recent site visit, you introduced me to two people who work for your organization. One of these people was at a computer workstation located in the "personal space" identified on the original floor plan. In fact, there were two other computer workstations in the room which was supposed to be considered personal space and not used as a part of the Home Occupation. You claimed that you did use this personal space for your personal use, and that may be so at times, yet my visual observations were that the computer workstations located in the identified personal space were used for your Counseling Service, thus violating the original approval of the area recognized as a Home Occupation. If you wish to continue to be recognized with a Home Occupation pursuant to the Brewster Zoning Bylaw, you will bring all your Home Occupation workstations into the originally approved space. Furthermore, the Building Department will have authority to stop by your property at random times to verify that you are complying with the Certificate of Use and Occupancy. 1 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHoNE: (508) 896-3701 ExT 1125 FAx: (508) 896-8089 EMAIL: BUILDING@BREWSTER-MA.GOV WWW.BREWSTER-MA.G0V OFFICE OF BUILDING DEPARTMENT If you are aggrieved with this decision, you have a right to petition the Board of Appeals pursuant to Massachusetts General Law, Chapter 40-A, Sections 8 & 15 to have my decision amended or overturned. Please keep in mind that an aggrieved application must be submitted within 30 days from the date of this letter. If you feel that the original floor plan is too restrictive, you also have the right to petition the Board of Appeals for a Dimensional or Use Variance pursuant to Section 52 of the Brewster Zoning Bylaws. Applications for the Board of Appeals may be obtained from the Town's website or in person from the Planning Department. If you have any questions, please do not hesitate to contact the Building Department. VS/sp Enclosures cc: Board of Appeals Ryan Bennett, Town Planner Health Department Victor E. Staley Building Commissioner 2 muu is issued to: The (onrrrrorrh'earth of .flro's'lthusett '. TOWN OF BREWSTER. In accordance with the Massachusetts State Building Code, 8th Edition, this CERTIFICATE OF USE AND OCCUPANCY PERDUE MOLLY I have inspected the IMPROVEMENT OF AUXILLIARY BUILDING, CREATE HOME OCCUPATION - COUNSELING SERVICE. Cocatedat 2095 MAIN STREET Map/Lot 68-43-0 - in tke Town of Brewster, Barnstable County, Commonwealth of Massachusetts. To the best of my knowlzdge, and unless otherwise noted below, the structure is in compliance with the State Building Code, 780 Oa and for the purpose stated below. Budding Termit # 177 X0s 14-11-941, Old Map 16 Lot 29, *Construction work performed without permit or inspections - see USE U1 pnYir) etter* FIRE GRADING 5-B Date Certificate Issued 11/18/2014 LIVE LOAD unknown OCCUPANCY Maximum 5 People Building Official _ Exhibit 3 MA SOC Filing Number: 201288596870 Date: 6/8/2012 1:46:00 PM The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108-1512 Telephone: (617) 727-9640 Minimum Fee: $35.00 Articles (General of Organization Chapter 1 80) .: Federal Employer Identification Number: 001081047 (must be 9 digits) ARTICLE I The exact name of the corporation is: FAMILY CAREGIVER SUPPORT CENTER OF CAPE COD INC. ARTICLE II The purpose of the corporation Is to engage in the following business activities: SAID ORGANIZATION IS ORGANIZED EXCLUSIVELY FOR CHARITABLE, RELIGIOUS, EDUCATIONAL, AND SCIENTIFIC PURPOSES, INCLUDING, FOR SUCH PURPOSES, THE MAKING OF DISTRIBUTIONS TO ORGANIZATIONS THAT QUALIFY AS EXEMPT ORGANIZATIONS UNDER THE SECTION 501 (C) (3) OF THE INTERNAL REVENUE CODE, OR CORRESPONDING SECTION OF ANY FUTURE FEDERAL TAX CODE. THE BUSINESS ACTIVITY FOR SAID ORGANIZATION IS AS FOLLOWS: TO PROVIDE COUNSELING SERVICES AND SUPPORTS FOR FAMILY CAREGIVERS ON CAPE COD. ARTICLE III A corporation may have one or more classes of members. If it does, the designation of such classes, the manner of election or appointments, the duration of membership and the qualifications and rights, including voting rights, of the members of each class, may be set forth in the by-laws of the corporation or may be set forth below: AS STATED IN BY-LAWS ARTICLE IV Other lawful provisions, if any, for the conduct and regulation of the business and affairs of the corporation, for its voluntary dissolution, or for limiting, defining, or regulating the powers of the corporation, or of its directors or members, or of any class of members, are as follows: (If there are no provisions state "NONE') UPON THE DISSOLUTION OF THIS CORPORATION, ASSETS REMAINING SHALL BE DISTRIBUTED FOR ONE OR MORE EXEMPT PURPOSES WITHIN THE MEANING OF SECTION 501(C) (3) OF THE INFERNAL REVENUE CODE, OR CORRESPONDING SECTION OF ANY TT TTT TnT TT T',T,n A T T • NT /'//1nT 'NT, PITT 1 -r v TIT T\ TlT TIT Tn T TT1TT, T/\ /imTT TTflr,n AT /T!',T TTnl T1 nil "I/TI PURPOSES. Notes: The preceding four (4) atricles are considered to be permanent and may only be changed by filing appropriate Articles of Amendment, ARTICLE V The by-laws of the corporation have been duly adopted and the initial directors, president, treasurer and clerk or other presiding, financial or recording officers, whose names are set out on the following page, have been duly elected. ARTICLE VI The effective date of organization of the corporation shall be the date approved and filed by the Secretary of the Commonwealth. If a later effective date is desired, specify such date which shall not be more than thirty days after the date of filing. ARTICLE VII The information contained in Article VII is not a permanent part of the Articles of Organization. a. The street address (post office boxes are not acceptable) of the principal office of the corporation in Massachusetts Is: No. and Street: 2095 MAIN STREET City or Town: BREWSTER State: MA Zip: 02631 Country: USA b. The name, residential street address and post office address of each director and officer of the corporation is as follows: Title . .. . . .... .. .... ... . . . . PRESIDENT TREASURER DIRECTOR DIRECTOR DIRECTOR Individual Name First, Middle, Last, Suffix MELANIE BRAVERMAN MARION ROTH TOM COLLINS MOLLY PERDUE MARY ELLEN HENRY PATRICIA COLLINS Address (no PO Box) . Expiration Address, City or Town, State, Zip Code of Term 2095 MAIN STREET BREWSTER, MA 02631 USA 2095 MAIN STREET BREWSTER, MA 02631 USA As stated in by- laws 2095 MAIN STREET As stated In by- BREWSTER, MA 02631 USA laws 2095 MAIN STREET BREWSTER, MA 02631 USA 2095 MAIN STREET BREWSTER, MA 02631 USA 2095 MAIN STREET BREWSTER, MA 02631 USA 2095 MAIN STREET BREWSTER, MA 02631 USA 2095 MAIN STREET BREWSTER, MA 02631 USA 50 COMMERCIAL STREET PROVINCETOWN, MA 02657 USA 50 COMMERCIAL STREET PROVINCETOWN, MA 02657 USA 11 GOLF LINK CIRCLE SANDWICH, MA 02563 USA 11 GOLF LINK CIRCLE SANDWICH, MA 02563 USA As stated in by- laws As stated In by- laws As stated in by- laws As stated in by- laws Name: MOLLY PERDUE No. and Street: 2095 MAIN STREET City or Town: BREWSTER State: MA Zip: 02631 Country: USA I/We, the below signed incorporator(s), do hereby certify under the pains and penalties of perjury that I/we have not been convicted of any crimes relating to alcohol or gaming within the past ten years. I/We do hereby further certify that to the best of my/our knowledge the above -named officers have not been similarly convicted. If so convicted, explain: MIRANDA WIDEMAN, ASSISTANT SECRETARY, LEGALZOOM.COM, INC., A CA CORPORATION, 101 N. BRAND BLVD., 11TH FLOOR, GLENDALE, CA 91203 IN WITNESS WHEREOF AND UNDER THE PAINS AND PENALTIES OF PERJURY, I/we, whose signature(s) appear below as incorporator(s) and whose name(s) and business or residential address (es) beneath each signature do hereby associate with the intention of forming this business entity under the provisions of General Law, Chapter 180 and do hereby sign these Articles of Organization as incorporator(s) this 8 Day of June, 2012. (If an existing corporation is acting as incorporator, type in the exact name of the business entity, the state or other jurisdiction where it was incorporated, the name of the person signing on behalf of said business entity and the title he/she holds or other authority by which such action is taken.) MIRANDA WIDEMAN, ASSISTANT SECRETARY, LEGALZOOM.COM, INC., A CA CORPORATION, 101 N. BRAND BLVD. © 2001 -2012 Commonwealth of Massachusetts All Rights Reserved MA SOC Filing Number: 201288596870 Date: 6/8/2012 1:46:00 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: June 08, 2012 01:46 PM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth EXHIBIT C EXHIBIT D 7-096 U* 1,;%, (Ault ,, vwIh 9I I 2.'(.0 �6 1 T'r. Tira Ai atti 2.06 II,/2 I �C I EXHIBIT E L E G A L L A N D D E T A C H E D B U ( L D N G Key: 1724 Town of BREWSTE R - Fiscal Year 2 CURRENT OWNER P ARCEL ID PERDUE MOLLY 2095 MAIN STREET BREWSTER, MA 02631 68-43-0 L OCATION 2095 MAIN ST REET T TRANSFER HISTO RY DOS SALE PRICE BK-PG (Con) PERDUE MOLL Y MCLOUD PATRICIA H MCLOUD ROBERT J & PATRICI 05/24/2012 04/052004 07/03/1989 QS DC QS 501,000 225,000 26356-202 18408-008 6795-295 CD 103 T S AC/SF/UN 27,689 Nbhd CIM 1.00 St Ind 37 1 .00 Inn RC 0.85 ADJ BASE 22Z700 SAF 1.31 Topo -A 1.00 Lpi CO2 1.00 VC CREDIT AMT ADJ VALUE 185,440 TOTA L 27.689 SF ZONING FRN7 0 Nbhd St Ind Inn CIM PAINES-S ACHEM M IXED N 0 T E TY QUAL COND DIM /NOTE YB UNITS ADJ PRICE RCNL D SHF SW2 A 1.00 G 1.20 50 0. 50 90 0.10 8X 12 2X2 96 4 19.60 43.32 900 BUILDIN G CD ADJ DESC MODEL STYLE QUALITY FRAME 1 7 1 1,05 1.10 1.00 RESIDENTIAL CONVEN/OLD (100%) PLUS AVE 1100%1 WD FRAME 1100%) YEAR BLT NET AREA $NLA(RCN) 1840 2.638 $169 SIZE ADJ DETAIL A DJ OVERALL 0.990 1.000 1. 050 CAPACITY UNITS ADJ STORIES 1.75 1. 00 ROO MS 9 1.00 BED ROOMS 3 1. 00 BATHROOMS 1 1. 00 FIXTURES 6 $9,009 GARAGE SPACES 0 1.00 % BSM T FIN 0 1.00 # 12 BATHS 1 1.00 # OF UN ITS 1 1. 00 MEASURE 7/24/2007 RJM LIST 7/26/2007 RJM REVIEW 6/25/2020 JMG ELEM ENT FOUNDATION EXT COV ER ROOF SHAPE RO OF CO VER FLOOR COV ER INT FINISH HEATING /COOL FUEL SOURCE J CD 5 4 1 1 1 1 2 1 ASSESSED CURRENT PRE VIOUS 1 LA ND - 185,400 185 ,400 BUILDING 285,000 271 .500 DETACHED 900 900 OTHER 57,800 54,300 TOTAL 529.100 512.100 BLDG COMM ENTS I DESCRIPTION OTHER VINY L GABLE ASPH/CM P SH HARDWOOD PLASTER HOT WA TER OIL ADJ I 1.00 1.00 1.00 1.00 1.00 1.00 1. 00 1.00 121 9242020 1:33 pm SEQ #: 1,853 CLASS 1 CLASS%) BN ID 1 BN CARD 0130 80 MULTI -USE RES ES 1 1 of 2 I PMT NO PMT DT TY DESC A MOUNT INSP BY 1st % 69 941 851 605 02/142020 01/24/2019 11/18/2014 11/082012 08 212012 22 7 11 7 7 I & E ALTER ATIONS CHANGE OF US ALTERATIONS ALTERATI ONS -4,958 12,000 7,000 5,000 07/062020 07/072015 06/18/2013 04/06/2016 PJK RJM TRL RJ M 0 100 100 100 100 0 100 100 100 100 (A) 10 BAS 14 6 (0) 16 BAS 35 19 20 16 (C) USF 0 .15 BAS 14 24 16 (B) 14 PTA 4 616 12 4 I S BAT T DESCRIPTION UNITS YB ADJ PRICE RCN + BAS L BASE AREA 1,840 1840 161.76 297,646 B PTA N PATIO 296 10.09 2,986 C USF L UPPER STO RY FI N 798 1840 128.31 102,389 CPC 0 CAPE CELLAR 1 4,047.80 4,048 F23 0 FPL 2S 30P 2 13,762.55 27,525 ODS 0 OUTDOOR SHOWER 1 1,685.40 1,685 20 TOT AL RCN 445288 C ONDITI ON ELEM CD EXTERIOR G INTERIOR G KITCHEN A BATHS A HE AT/ELEC A EFF.YR/AGE 11957 / 62 C ON D 36 36 % FUNC 0 ECON 0 DEPR 36 % GD 64 RCNLD $285,000 L E G A L L A N D D E T A C H E D B U L D N G Key: 1724 CURRENT OWNER Town of BREWSTER - Fiscal Year 2021 P ARCEL ID PERDUE MOLLY 2095 MAIN STREET BR EWSTER, MA 02631 68-43-0 LOC ATION 2095 MAIN STREET TRANSFER HISTORY DOS T SALE PRICE BK-P G (C ert) CD T AC/SF/UN Nbhd f St Ind Inn ADJ BASE S AF Topo LPI VC CREDITAMT ADJ VALUE TOTAL N bhd St Ind Inn ZONING N 0 T E FR NT TY 1 QUAL J COND 1 DIM/NOTE YB UNITS ADJ PRICE RCNLD BUILDING CD A DJ DESC M ODEL 5 CIM ST YLE 20 1.25 OFFICE BUILDING 1100%1 QUALITY L 0.80 LOW COST 1100%1 FRAM E 1 1.00 WOOD FRAME 1100%1 YEAR BLT NET AR EA SNLA(RCN) 1960 1.200 $75 SIZE ADJ DETAIL ADJ OVERALL 1.450 0.982 1.000 CAPACITY UNITS ADJ STORIES 1 1.00 % HEATED 0 .92 %AIR COND - 0 1.00 % SPRINKLER S 0 1. 00 MEA SURE UST R EVIEW 7/24/2007 7/26/2007 6125/2020 RJM RJM JMG ELEMENT FOUNDATION EXT. COVER ROOF SHAPE ROOF CO VER FLOOR COVER INT. FINISH HEATING/COOL FUEL SOURCE CD 2 2 1 1 9 6 13 8 ASSESSED LAND BUILDING DET ACHED OTHER TOT AL CURRENT 57,800 PREVIOUS BLDG COMM ENTS CLASS CLASS% 0130 P MT NO I PMT DT 80 9/24/2020 1:33 pm SEQ #. 1.854 DESCRIPTION MULTI -USE RES TY BN ID BN 2 DESC AMOUNT INSP BY CARD 2 of 2 1st (A) BAS 25 48 DESCRIPTION SLAB CLAPBOARD GABLE ASPH/CM P SHNGL CONCRETE M INIM UM NON E NON E ADJ„ 1.00 1.00 1.00 1.00 0.95 0.95 1. 00 1. 00 S BAT DESCRIPTION ; UNITS YB ? ADJ PRICE RCN A BAS L BASE AREA 1,200 1960 75 .22 90,264 TOT AL RCN CONDITION ELE M 90,264 CD E XTERIOR A INTERIOR A EFF.YR/AGE 1974/45 COND 36 36 % FUNC 0 ECON 0 DEPR 36 % GD 64 RCNLD $57 ,800 Application#21-20 www.brewster-ma.gov Page 1 of 1 8/5/2021 DEPARTMENT REVIEWS Application #21-20 APPLICANT/OWNER: Molly Perdue REPRESENTATIVE: Attorney Joshua M.D. Segal MAP/LOT: Map 68, Lot 43 PROPERTY ADDRESS: 2095 Main Street Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator  This property does not appear to be within the jurisdiction of the Conservation Commission. Historic District Com. Comments received from Sara Provos, Senior Department Assistant  The property falls within the Old Kings Highway and if they propose to do any exterior work/signage, they will require approval from the Historic District Commission. Police Dept. Comments received from Lt. George Bausch  The Brewster Police have no issues. Health Dept. Comments received from Amy von Hone  The Health Department does not have a record of a formal review and approval of the home occupation use. Prior to approval, a current floor plan of the property structures to be submitted with a completed Building Waiver Application for full review and approval by the Health Department to confirm adequate septic system capacity (1990 Title 5 septic system with a maximum 550 gpd total) . Building Dept. Comments received from Victor Staley Please see attached comments. Fire Dept. Comments received from Chief Moran The Brewster Fire Department have no issues. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov �i; E W 0 0k 6E'EioER R i §' = 3 y 1114 14 �� } aZ114:=PI /�j117111111II1IA11;;U,, Brewster Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 508-896-3701 x1168 brewplan@brewster-ma.gov DEPARTMENT REVIEW COMMENT FORM July 19, 2021 From: Zoning Board of Appeals To: _ James Gallagher, Assessor's Department k Victor Staley, Building Department Noelle Aguiar, Conservation Department Griffin Ryder, Department of Public Works _ Chief Robert Moran, Fire Department Deputy Chief Kevin Varley, Fire Department _ Amy von Hone, Health Department/WQRC Sara Provos, Historic District Committee Chris Miller, Natural Resources Department _ Ryan Bennett, Planning Department Lieutenant George Bausch, Police Dept Peter Lombardi, Town Administration Paul Anderson, Water Department Your comments are requested for: ZBA Case #21-20 Applicant: Molly Perdue (Represented by Attorney Joshua M.D. Segal), 2095 Main Street, Map 68, Lot, 43, in the RM zoning district. Pursuant to Brewster Zoning Bylaws §179 -37, the applicant seeks an Appeal from the Building Commissioner's May 27t", 2021, letter violating use of property for purposes of home occupation. COMMENTS: LGi- SC— S C.c. �. � C Kindly respond by Tuesday, August 3, 2021. A public hearing is scheduled for Tuesday, August 10, 2021. Please feel free to email your comments to Ellen Murphy, emurphy@brewster-ma.gov. Thank you. The application, plans and any additional documents submitted by the Applicant are also available for viewing in the Planning Department at Town Hall, Monday — Friday from 8:30 am — 4:00 pm. Dept. Review Comment Form 11\Nll 1 1 1 111 N 111 /11 /ll//� ` ck E Wsi. 14 1//////// 0 ,{4 O 9 4h� r FL V41, Itit liar ti ir Y .t IIIIIl4111Ui110 \\\\\\\\\\ August 2, 2021 Town of Brewster Building Department 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 To: Brewster Board of Appeals From: Brewster Building Commissioner, Victor Staley L' ''am Re: ZBA Case #21-20, Molly Perdue, 2095 Main Street, Map 68 Lot 43 OFFICE OF Building Commissioner TEL: (508) 896-3701 ext. 1125 While I concur that the above noted appeal is properly before the Board, I would offer some additional information regarding not only this Home Occupation but with Home Occupations in general. Building Officials have always had a challenging time with the term Home Occupation or Cottage Industry as this type of use doesn't translate well between the municipal Zoning Bylaw and the State Building Code, 780 CMR. Factually as soon as something is used as other than what is defined as a dwelling then the State Building Code would classify this use outside the Residential Code. Technically something as small as a Home Occupation that may allow for the public to enter a built environment or for the fabrication/manufacture of components into a product should be regulated by the State Building Code for other than 1 & 2 Family Dwellings. For example, anytime you allow the general public into any building or portion thereof (other than a dwelling as defined) 521 CMR demands that there are accommodations for accessibility. If products are fabricated or manufactured under a Home Occupation, then the Building Code other than 1 & 2 Family Dwellings would demand safety features such as fire rated assemblies or sprinklers between the true dwelling space and the space that allows entry to the general public or produces a product. The State Building Code does not concede to a minimum square footage that would allow a space to be used as a Home Occupation if not recognized by the definition in the State Building Code for a Dwelling. To avoid being tarred and feathered Building Officials usually take the awkward stance that a Home Occupation is quasi related to a dwelling in some accessory sense and generally not apply the applicable regulations of 780 CMR and 521 CMR. While these allowances are technically a violation of above referred Codes, it allows for some recognition of some spaces to accommodate municipal Zoning allowances. This doesn't mean that Building Officials are turning a blind eye to the demarcation of a Home Occupation with the actual dwelling as our primary roll as a Public Safety Official is paramount. • With regard to the presented factual background, I would offer that Dr. Perdue stated that all three workstations located outside the designated Home Occupation are, at times, used for the Support Center as is the large table in the same space. • Analysis, Section C-1. Please refer to my discussion above on what is defined as a Dwelling. Technically this Home Occupation space is not protected by the definition of a Dwelling and therefore doesn't extend a protective status pursuant to MGL 40A Section 3. Whereas MGL Chapter 40A does not define a Dwelling unit we would refer to the authority that is charged with regulating such uses, that being the State Building Code 780 CMR. For additional definitional parameters please refer to the Brewster Zoning Bylaw of a Dwelling Unit which does not include Home Occupation. • Analysis, Section C-2. I do not dispute that this use would be protected under the allowances of a non-profit educational use pursuant to MGL Chapter 40A, Section 3. Unfortunately, the representing attorneys failed to read further into these protections as there are items that can be reasonably regulated such as, bulk and height of structures, open space, setbacks and parking. The applicant would have the right to petition for a Staff Review pursuant to Brewster Code Chapter 83 as a change of use as listed in the Zoning Bylaw, then to a Site Plan Review pursuant to Brewster Zoning Bylaw Article XII to be recognized as a non-profit educational use. Yet please be advised that the 780 CMR and 521 CMR would then be applicable to the use that is not a Home Occupation. • Analysis, Section D. - Brewster Zoning Bylaw Sections 12 & 43 speak directly to the requirement of having to be officially recognized by the Building Commissioner for any building or portion thereof that is altered or changed in use and shall satisfy all other provisions of the Zoning Bylaw. The representing attorneys state that Section 37 of the Zoning Bylaws do not require a Certificate of Occupancy for a Home Occupation I would also point out that all of the other uses identified in Sections 34 to 42.1 also do not state the necessity for a Certificate of Occupancy, yet they are still issued pursuant to the State Building Code. Zoning Bylaws rarely identify the need for Certificates of Occupancies as that is the role of the Building Codes. In my interpretation as the Zoning Enforcement Officer, Dr. Perdue has not complied with the lawful restrictions as identified in the Zoning Bylaws otherwise we would not be proceeding through this appeal process. • Analysis, Section F. When I met Dr. Perdue at the property in question on Friday May 21, 2021, there were three people working at individual workstations which is 50% more than were claimed by representing attorneys. I find this as a gross mistruth. The purpose of having 499 square feet is not arbitrary and capricious as it is directly related to the thresholds of 500 square feet identified in both the Staff Review Bylaw and the Site Plan Review Zoning Bylaw. This accusation that 499 square feet is arbitrary and capricious is contrary to the wishes of the Brewster Townspeople who adopted this language at Town Meeting by a 2/3 majority vote and reviewed and approved by the State's Attorney General's Office. I would offer one additional piece of information, that was neglected by the representing attorneys, which is the letter that accompanied the 2014 Certificate of Occupancy. I believe that this accompanying letter was quite clear on the parameters of the Certificate of Occupancy. While Item 3 of this letter has been addressed there is no evidence that the Health Department approved the heated personal space, nor that final electrical and plumbing inspections have been obtained which may place all occupants in an unsafe built environment. If I can be of further service to the Board, please let me know. DEFINITIONS [RB] DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. ❖ A dwelling is a building that contains either one or two dwelling units. The purpose of a dwelling is occupation for living purposes, regardless of the manner of own- ership. Single-family houses and duplexes fall under the definition of dwelling (see also "Dwelling unit"). [RB] DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, includ- ing permanent provisions for living, sleeping, eating, cooking and sanitation. + The specific purpose of a dwelling unit is to provide the essential amenities necessary for complete and inde- pendent facilities. Commonly, dwelling units are thought of as single-family houses or individual living units in duplexes or townhouses. DWV. Abbreviated term for drain, waste and vent piping as used in common plumbing practice. ❖ This term is used extensively to identify systems and materials suitable for drain, waste and vent installa- tions. It will often be labeled on specific materials approved for such use. EFFECTIVE OPENING. The minimum cross-sectional area at the point of water -supply discharge, measured or expressed in terms of diameter of a circle and if the opening is not circular, the diameter of a circle of equivalent cross- sectional area. (This is applicable to air gap.) ❖ An effective opening is used to determine the minimum air gap required between a potable water supply outlet or opening and the flood level rim of a receptacle, fix- ture or other potential source of contamination. ELBOW. A pressure pipe fitting designed to provide an exact change in direction of a pipe run. An elbow provides a sharp turn in the flow path (see "Bend" and "Sweep"). + See the definition of "Bend." [RB] EMERGENCY ESCAPE AND RESCUE OPEN- ING. An operable exterior window, door or similar device that provides for a means of escape and access for rescue in the event of an emergency. ❖ In the case of an emergency, particularly a fire, imme- diate action must be taken. Quick evacuation of the dwelling unit is often required. If occupants are sleep- ing at the time of the incident, the time for evacuation is extended, often to the point where normal egress is not possible. In such situations, a door or window to the exterior can be used. It is also possible to use such an exterior opening for rescue. See Section R310 for code requirements. [RB] ENGINEERED WOOD RIM BOARD. A full -depth structural composite lumber, wood structural panel, structural glued laminated timber or prefabricated wood I -joist member /114, L I?) edd-` / 1-z J designed to transfer horizontal (shear) and vertical (compres- sion) loads, provide attachment for diaphragm sheathing, sid- ing and exterior deck ledgers and provide lateral support at the ends of floor or roof joists or rafters. + This is a specific type of engineered wood product designed and manufactured to serve a specific func- tion in a building, as a rim board. Sections R502.1.7, R602.1.7 and R802.1.7 require that this product meet ANSI/APA PRR410. See the commentary to those sections. EQUIPMENT. Piping, ducts, vents, control devices and other components of systems other than appliances that are permanently installed and integrated to provide control of environmental conditions for buildings. This definition shall also include other systems specifically regulated in this code. ❖ Throughout the code, the terms "equipment" and "appliance" have been used as necessary to match the terms with the intent and context of the code text. Appliances are not referred to as equipment and vice versa. Traditionally, the term "equipment" meant large machinery and specialized hardware not thought of as an "appliance" (see the definition of "Appliance"). EQUIVALENT LENGTH. For determining friction losses in a piping system, the effect of a particular fitting equal to the friction loss through a straight piping length of the same nominal diameter. ❖ Fluid flow through a round, straight conduit is resisted by friction of the fluid against the inside wall of the con- duit. Turns (elbows) and junctures (tees) in the conduit resist flow of the fluid because of the energy that it takes to make the fluid change direction. A turn (elbow) or a juncture (tee) can be "equated" to a length of straight conduit. For example, one 90 -degree bend (elbow) in a 1 -inch pipe is equivalent to 2.5 feet of straight 1 -inch pipe. Using equivalent lengths for fit- tings makes it easy to determine the friction loss for a piping system. Appendix P uses equivalent lengths of fittings for determination of pressure losses in a water distribution system. [RE] ERI REFERENCE DESIGN. A version of the rated design that meets the minimum requirements of the 2006 International Energy Conservation Code. •S This is an index used in the Energy Rating Index Com- pliance Alternative for energy conservation design. (See Section N1106). [RB] ESCARPMENT. With respect to topographic wind effects, a cliff or steep slope generally separating two levek or gently sloping areas. + This is a term to describe a topographical area where wind speed-up can occur. In cases where there is known to be structural damage due to this type of wind speed-up, the code requires consideration of topo- graphical wind effects (see Section 301.2.1.5). 9.1A 2015 INTERNATIONAL RESIDENTIAL CODE® COMMENTA` § 179-10 ZONING § 179-13 ARTICLE IV Use Regulations § 179-10. Applicability of use regulations. Except as provided in the Zoning Act or in this chapter, no building, structure or land shall be used except for the purposes permitted in the district as described in this section. Any uses not listed shall be construed to be prohibited. § 179-11. Table of Use Regulations. A. In the following Table of Use Regulations, the uses permitted by right in the district shall be designated by the letter "P." Those uses that may be permitted by special permit in the district, in accordance with § 179-51, shall be designated by the letter "S." Uses designated "-" shall not be permitted in the district. B. See the table on accompanying pages which is declared to be a part of this chapter.13 § 179-12. Uses permitted by right. Uses permitted by right or granted special permits shall be subject, in addition to use regulations, to all other provisions of this chapter. § 179-13. Regulations effective in all districts. A. No premises in the Town of Brewster shall be used for the following purposes: residing in (i.e., occupying) any tents, trailers, mobile units, except in commercial trailer parks or camps. B. No lot in the Town of Brewster shall be used for residential building purposes unless there is at least 60,000 square feet of contiguous buildable uplands as defined in the Zoning Bylaw or unless the lot existed as a lot on May 1, 1986, and satisfied the May 1, 1986, requirements for a buildable lot. June 30, 1987, shall be set as the effective date for all aspects of this subsection. [Amended 5-12-1986 ATM, Art. 34; 5-11-1987 ATM, Art. 831 C. No lot in Brewster shall be used for septage transfer, whether septage transfer would be a principal use or an accessory use, nor shall any lot in Brewster be used for a septage transfer station, whether such use would be a principal use or an accessory use. [Added 11-15-1999 FYTM, Art. 24] D. When two lots are in common ownership, any new structure proposed after the effective date of this bylaw that encroaches on a setback on either lot shall seek a variance from the Board of Appeals. In a case where any new, altered or extended structure proposed after the 13.Editor's Note: Table 1, Use Regulations, is included at the end of this chapter. 179:37 § 179-43 ZONING § 179-48 ARTICLE X Administration and Enforcement § 179-43. Enforcement. [Amended 11-13-2006 FYTM, Art. 30] This chapter shall be enforced by the Building Commissioner, assisted by a Zoning Agent appointed by the Selectmen. Buildings, structures or signs may not be erected, substantially altered, moved or changed in use, and land may not be changed in principal use without certification by the Building Commissioner that such action is in compliance with then - applicable zoning, or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification. § 179-44. Action by Zoning Agent. [Amended 11-13-2006 FYTM, Art. 30] Materials submitted in application for such certification shall, upon receipt, be forwarded by the Building Commissioner to the Zoning Agent, who within three weeks of receipt by him shall determine whether the proposal is eligible to proceed, requires a special permit or is not in compliance with this chapter. The Zoning Agent shall also take such action as may be necessary to secure full compliance with the provisions . of this chapter and of permits and variances issued hereunder, including notification of noncompliance and request for legal action through the Building Commissioner and Selectmen to Town Counsel. § 179-45. Previously approved permits. The status of previously approved permits shall be determined in this article. § 179-46. Establishment of fees. Fees shall be established by the Selectmen. § 179-47. Conformance to subsequent amendments. Construction or operations under a building or special permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 179:115 Archive d: Thursday, August 5, 2021 11:33:08 AM From: Jane Greene Se nt: Tue, 27 Jul 2021 09:58:14 To: Ellen Murphy Subje ct: Zoning hearing for Alzheimer's Family Support Center Se ns itivity: Normal To the Bre wste r Pl anni ng Board, As a resident of Bre wste r, I want to share wi th you how the he lp we have rece i ved from the Al zhei mer’s Famil y Support Ce nte r (AFSC) has i mprove d our quali ty of li fe. My husband has De me nti a and we have be e n de ali ng wi th thi s di sease for ove r 5 ye ars now. Deme nti a i s a ve ry confusi ng and compl icate d disease . The AFSC has he l pe d us navi gate thi s diff i cult journey i n so many ways. I can’t i magi ne how we would have survi ve d wi thout the i r assi stance . Thei r he l p has gi ve n us the opportuni ty to li ve our l i ve s as full y as we can wi th thi s disease . A de me nti a di agnosi s i nvol ves much more than just the medi cal aspe ct. There are l e gal and fi nanci al i mpl i cations, change s i n fami l y dynami cs, etc. It i s ove rwhe lming but AFSC provi de d the assi stance we needed to he l p us through e ach step. The y have provided us wi th counsel i ng, e ducati on, support groups, i nformation regardi ng l e gal and medi cal re source s, soci al acti vi ties, e tc. Many of the se re source s were provi ded i n person and some e l e ctroni cal l y. However, once the pande mi c hit, AFSC was ri ght there providi ng many of the same se rvi ce s usi ng zoom. My husband and I both partici pate i n the ir zoom of ferings i ncl udi ng support groups. Through zoom AFSC was abl e to expand the ir re ach to e ve n more pe ople than be fore . We have al so connecte d to othe r Brewster and Cape resi de nts that are de al i ng wi th the same i ssues. No one can begi n to unde rstand the day to day chal l enge s of a deme nti a di agnosi s unless you have l i ve d wi th it. Our connecti ons to othe r f ami l i e s are through AFSC. The se re lationshi ps are i nvaluabl e . AFSC has gi ve n us and many othe r Brewste r re si de nts the tool s to li ve our l i ve s as be st we can de spi te thi s di sease . It i s trul y ‘one stop shoppi ng.' Pl e ase don’t hi nde r thei r abi l i ty to conti nue to provi de thei r i nvaluabl e se rvi ce s to not just Bre wster re sidents but the re st ofthe Cape and be yond. I am proud to l ive i n Bre wste r for many re asons but havi ng thi s re source so cl ose to home i s one of theprimary re asons. We ne e d the i r hel p. The town of Brewste r shoul d be assi sti ng the m i n any way the y can, not maki ng thingsmore di f fi cul t f or them. Thank you, Jane and Bi l l Gre e ne j anegre e ne 115@gmai l.com 781-696-1002 Archive d: Thursday, August 5, 2021 11:33:47 AM From: susan carr Se nt: Thu, 29 Jul 2021 14:20:50 To: Ellen Murphy Subje ct: Alzheimer's Family Support Center Se ns itivity: Normal To the Brew s ter Zoning Board: I unders tand there has been a zoning complaint about the Alz heimer ’s Family Support Center…Whatev er the s pecifics of that are, I can tell you that the value of that organiz ation to the people of the Town of Brews ter and sur rounding tow ns is immeas urable. With the growing incidence ofAlzheimer’s Dis eas e all ov er the country, the AFSC has provided information, s upport and love to countles s people. We benefited directly with adv ice and concern when my hus band was r equir ed togive up dr iving. I f the agency w ere not allowed to function becaus e of a minor violation, it w ould be a tr agedy to countles s people. I hope that whatever the problem is can be s olved amicably and quickly . Susan W. Carr 46 Ol d Run Hil l Rd. Bre wster August 2, 2021 Town of Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 Re: ZBA Case #21- 20 Dear Board Members: We are writing on behalf of Molly Perdue, Executive Director of the Alzheimer's Family Support Center, whose case is before your board on August 10, 2021. I am hoping that your board will carefully review the case and favorably consider her appeal. We in the Town of Brewster (and in fact all of Cape Cod!) are blessed to have organizations such as the Alzheimer's Family Support Center here in our town. We should be encouraging such compassionate organizations rather than discouraging them with questionable zoning rulings. This center provides much needed education and support for those dealing with the devastating diagnosis of dementia. Unlike many places providing services, there is no charge ever to access the programs at AFSC. The center is a 501(c)3 and exists totally on donations and grant money. Instead of forcing them to hire a lawyer to defend themselves, we should allow them to use their limited funds to assist more individuals and families in need. As Outreach Workers, we have seen the positive differences this organization makes in the lives of many of our Brewster and Cape Cod seniors. It's a devastating diagnosis; one that leaves families and spouses scrambling for support. We depend on the services and wise counsel offered by the center. The AFSC is always there for them in so many resourceful ways. We are disappointed that the Town of Brewster is pursuing this case and we urge you to let them continue to do the wonderful work they do unhindered. CF: Select Board Town Administrator Debra Johnson and Brenda Locke Outreach Workers, Brewster COA Archive d: Thursday, August 5, 2021 11:48:02 AM From: rcb13@verizon.net Se nt: Sun, 25 Jul 2021 17:00:40 To: brewplan Subje ct: Zoning hearing August 10, Alzheimer's Family Support Center Se ns itivity: Normal Regarding the August 10 Zoning Hearing for item #21-20, applic ant Molly Perdue and the Alz heimer's Family Support Cent er. I am reac hing out t o y ou bec ause I understand t hat there is a hearing before the z oning board on Augus t 10 regarding the Alzheimer’s Family Support Center (AFSC) loc ation on 2095 Main Street. It s eems there has been a anonymous c omplaint about the us e of the s pace. You can imagine my conc ern that s omeone has brought t his complaint. The AFSC has saved s o many individuals and families , my own inc luded, through the servic es they offer s uc h as couns eling, s upport groups and act ivities for people wit h Alzheimer's dementia. They have offered a communit y of hope and s upport. During the pandemic , the AFSC c ontinued to offer s ervices . All of the in-person support groups and the Savvy Caregiver program were offered via ZOOM. The Center reac hed out to people to help them with the tec hnology to partic ipate. Telephone s upport was ex panded to 7 days/week . There are hundreds of people in Brewster and thous ands on the Cape who are c lients . It would be a t ravesty to have this nonprofit provider interrupted for any reason. Hopefully you rec ognize that t he AFSC goes beyond what phy s icians - even those s pecializing in wit h dementia - can offer in terms of unders tanding the dis ease and c reating ac tivities and s trategies for the day-to-day lives of family s uffering with Alz heimer’s. Is there any thing I can offer as a c oncerned c it iz en t o help protec t the Alzheimer’s Family Support Cent er. Thank you in advance Pat Berts c hy Patricia B. Bertschy 774 722-5739 rcb14@verizon.net Stone &Reid ATTORNEYS AT LAW A PROFESSIONAL ASSOCIATION * South Yarmouth Professional Building 1292 Route 28 South Yarmouth,ma 02664-4452 TEL (508)394-5648 FAX (508)398-1699 David S.Rhid,ESQ.Mia iai-l F.Stone,ESQ. DSReid@verizon.net MFStoneEsq@comcast.net August 4,2021 Brewster Zoning Board of Appeals 2198 Main Street Brewster MA 02631 RE:#21-20-Molly Perdue 2095 Main Street Map 68 parcel 43 Dear Chairman Harrison, I wish to address the Board onthe above-referenced matter,scheduled for hearing on August 10th.I represent Simon &Gillian Bloomfield,of 2091 Main Street.The Bloomfields'residence is located behind Dr.Perdue's property,but their lot also includes the strip of land running from Main Street to their home, along the westerly side of the Perdue property,which contains their driveway,and over which Dr.Perdue has only an easement to pass.(see assessors map attached to demonstrate the orientation of these properties) First,my clients do not object to Dr.Perdue's ability to operate a Home Occupation at this property.Wedoobjecttothe mannerin which she andthose attending the center have parked in and/or obstructed our driveway.The site does not have adequate parking,loading and turning space to accommodate the volume of activities being sponsored here.The Bloomfields encounter delivery vehicles parked within the driveway,preventing them from passing,and attendees/employees vehicles partially obstructing the driveway and making it more difficult to pass to and from theirown home.As such,we contendthatthe present use does violate section 179-37(A),as being "objectionable or detrimental tothe residential character ofthe neighborhood". *Each Attorney inthisofficeisan independent practitioner whoisnot responsible for the practice or liabilities of any otherattorneyintheoffice. Rule7.5 (d) We mustalsovoice opposition tothebulkofthe legal arguments being made by the applicant in this appeal,as we suggest that most of the issues raised are not properly before youatthis time and inthis appeal. It must first be remembered that this is an appeal from the decision or order of the Building Commissioner,as set forth in his letter of May 27,2021.Therefore the only issue before you is whether the zoning decisions made atthat time were correct or not. An examination of the letter reveals that the only decision that Commissioner Staley made inthat letter was to require that Dr.Perdue limit her home occupation activities to the 499 square feet of space dedicated to that use in her 2014 Certificate ofUseand Occupancy.He determined in his inspection ofthe premises that a certain area,previously dedicated to personal space in the applicants own floor plan,was in fact also being used for the home occupation activities.Sincethat isthe only decision reached andthe only enforcement ordered,that is the only issue appealable to you in this application.The appeal does not offer evidence that Mr.Staley's computations were in error,northatthe space in question is beyond the area designated in her own floor plan and occupancy certificate.The "decision"should therefore be upheld. In his May 27th letter,Commissioner Staley did not rule that the center either did or did not qualify as a Home Occupation under the bylaw (that decision was made in 2014).He did not rule whether the Center may or may not qualify as an Educational use. Andhe did notruleonthe legality of the HomeOccupation bylaw itself.Therefore these issues are not properly appealable in the context of this application.The scope of any appeal under chapter 40 A section 8&15 is strictly limited to a review of the decision actually made in writing by the zoning enforcement official. In addition to the matter thatis properly before you,the applicant argues that they did not need permission to commence the home occupation use,a) because the bylaw does not expressly require such permission,and b)because they are fully complying with the limitations of the bylaw.We would respectfully suggest that the first argument overlooks the fact that all new uses require a certificate of use and occupation: The Massachusetts Building Code ( 780 CMR)provides,in part,that: "111.1 Use and Occupancy.No building or structure shall be used or occupied, and no change in the existing occupancy classification ofa building or structure or portion thereof shall be made,until the building commissioner,inspector of buildings,or when applicable,the state inspector,has issued a certificate of *Each Attorneyinthisofficeisan independent practitioner whoisnot responsible for the practice or liabilities of any otherattorneyintheoffice. Rule7.5 (d) occupancy therefore as provided herein." The Zoning Act, chapter 40A section 7, states, in part,that: "no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning ordinance or bylaw." The Brewster Zoning Bylaw provides in §179-10;Applicability of use regulations:"Except as providedinthe ZoningActor inthis chapter,no building, structure or land shall be used except for the purposes permitted in the district as describedin this section. Any uses not listed shall be construed to be prohibited." TheOccupancyCertificatewas therefore required,as the legal vehiclefor determining compliancewiththe zoning bylaw;furthermore,sincethe applicant didapplyfor and was issueda Certificate of Useand Occupation,in 2014,any issue of the original need for that Certificate is moot. As forthe second argument,that they don't need permission to operate the home occupation because theyarein full compliance withthe bylaw,isa circular argument at best.Their compliance with thebylaw'sarea requirements is precisely the issueunder discussion in this appeal.The HomeOccupation bylaw, section 179-37,provides : "E. The area used for the home occupation shall not exceed 40%of the existingfloorarea of the principal buildingand/orthe accessory building(s)or 499 square feet,whicheveris less." According tothe Assessors records,the building in which the Center is locatedmeasures 25'x 48',an area of 1200square feet. The floor plan submitted by the applicant and the certificate of occupancy issued to her in 2014 authorized the center to occupy 499 square feet ofthe structure.[note,40%of 1200 square feet is actually 480 square feet,andthe bylaw limitation is 499or 40%, "whichever is less"]Unlessthe applicant isnowcontestingthe inspector's measurements,orhis computation ofthe affected area,it seems patently obvious that the use is not in compliance with this requirements. Whilewe contendthat the otherlegalissuesraised are not properlybefore the Board,I will address each briefly: 1.The appeal's memorandum argues that the square footage limitation ofthe bylaw is itself illegal and beyond the authority of the Town to regulate,because it regulates interior space ofa home that may be occupied for the use,and because * EachAttorneyinthisoffice isan independent practitioner whoisnot responsible for the practice or liabilities of any otherattorneyinthe office. Rule7.5 (d) the limitation of 499 square feet is an arbitrarycutoff. While I disagree with both contentions,the fact remains that this Board has no authority to entertain challenges to the legality of any zoning bylaw. "A board of appeal is not a proper forum for raising questions as to the validity of a municipal zoningregulationbecausethe powers of sucha board 'do not include the power to nullify actsofthe local legislative body'...."Gamache v.Townof Acushnet.14Mass. App. Ct. 215, 223, 438 N.E.2d 82, 88 (1982) 2.The appeal challenges the applicability ofthe home occupation bylaw duetothe suggested exemption as an Educational Useunderthe so-called Dover Amendment. First of all, it wasthe appellantwhoappliedfor and received a Certificate of Use and Occupation specifically asa Home Occupation in 2014 [andany appeal from that determination could only have been made within 30 days of the decision ,c.40A §15].Tothe bestofour knowledge,the appellant hasnot appliedtothe Building Commissioner for a new certificate ofuseand occupationas an Educational Use,so any discussion oftheir qualification forthat classificationis premature.Secondly,asthe applicant's memorandum points out,to qualify asan educationaluse, under the Dover Amendment,that educational use must be the predominant use of the premises.The main use of this property would seem tobe asa single-family residence.The house contains 2,639 square feet of space, according tothe assessors card,andtherear accessory building contains 1200 square feet.The occupancy of less than halfof the rear accessory structure by the Center cannot reasonably be considered to bethe predominant useofthis property.But even thatisa discussion properly leftfor another day. Forallofthe foregoing reasons,we respectfully requestthat the Boardvote to uphold the decision ofthe Building Commissioner,and require thatthe applicant comply with allthe constraints of the Home Occupation bylaw. ily yours, David cc:Simon &Gillian Bloomfield Victor Staley,Building Commissioner Josh M. D.Segal,Esq. * EachAttorneyinthisoffice isan independent practitioner who is not responsible forthe practice orliabilitiesof any otherattorneyinthe office. Rule7.5 (d) 1 6 0 3 2 0 ft P r i n t e d o n 0 8 / 0 3 / 2 0 2 1 a t 0 3 : 1 1 P M Ed g e ot P a v e m e n t S t r e e l S u r f a c e .. Ur i n i p r o v e a G r a v e l / S t o n e S u r f a c e - T i e a t e d a a B i t u m i n o u s C o n c r e t e Dr i v e w a y s Ma p s O n l i n e by Pe o p l e G I S \ 11111Wllspriiiiiiii�� • O :'of E�neneq F'Q \3 bFe flP0ajp� rrrrrirai°,;'!\a 4J ti TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 68/43/0 4110 ST #21-21 Applicant: Catherine Childs 36 Sheffield Road \\\\\\0\\\\00.111111w115// i lii ;ql N�% . I i'rhi .. 0 lion �VI o -+ ;— 1[1-3'1-- — -r' "/. *fix- .;i S� i 1C ��'p �\ FkB, R P O A. - //////1//11111M1110 � \\\\\\ 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 # c2/'0/-/ APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ ZBA APPEAL APPLICATION NAME OF APPLICANT f2. 4-I? ev,,e C IAA& As REPRESENTATIVE PHONE NUMBER 5** — 9 -Lag MAILING ADDRESS ' * Sh elf; e mA 0 z4 . 1 E- MAIL ADDRESS CI m c 3 c3 rnu; l Co rv� PROPERTYADDRESS F Stef ,C —Vef ,rn R oa(3 1 CURRENT PROPERTY OWNER(S) Ca` �rIv42. '�� `ck S REGISTRY OF DEEDS TITLE REFERENCE BOOK 13 O(5 PAGE Z (5. OR CERT. OF TITLE # LAND COURT # PLAN# MAP # 4 2 LOT # So - ZONING DISTRICT YEAR BUILT aooa FLOOD PLAIN AE VE STATEMENT OF PROJECT , alcgPove-4 •Re(4..s$ a ii,... ApewN-v.ew.� r -'tv� � No to FrA".;1...)., eR e+n k e,-.1 Ccs 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.( Initial) CLw c 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 34, She ► 91 �� YEAR BUILT Zoe ° MAP # 2' LOT # ZONING DISTRICT List only the nonconformities below: Identify all nonconforming setbacks. REQUIRED PROPOSED 3? LOCATION EXISTING FRONTAGE EXISTING LOT SIZE Loca tion is used to identify the setback: LE. front, back, left side, right side, N -north, S -south, E -east, W -west, Exi t 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 PROPOSED % ALLOWED % LOT COVERAGE EXISTING 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 ZPAgAppeal and Variance APPLICATION UPDATED 07.18.18.doc 7/19/2018 12:02 PM REQUIRED BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft, BUILDING HEIGHT: EXISTING PROPOSED SPECIAL PER ITS: 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 WHICHLTHE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. ROPO A tit o -C-0.04N ace5s o: ADDITIONAL COMMENTS: APPEAL IN ACCORDANCE ITH .L.C. 40 A:8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE AL OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE 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 VARIA : in accordancewith 10 MGL 40A Section 10. The permit granting authority shall ha re on the ersaftertion eleven and by mailing public hearing for which notice has been given by publication and posting as provided to all parties in interest to grant upon appeal or uponpetition with respcect to oby-law whparticulaere land or permit structures a variance from the terms of the applicable zoning granting authority specifically finds that; d 1. Owg in to circumstances relating to the, soil conditions, shape, or topography of such ylanth or structures and especially affecting such land or structures but not affecting g general zoning district in which it is located, and 2. A literal enforcement of the provisions of the ordinance orby-law a d would involve substantial hardship, financial or otherwise, to the petitioner or c 3. That desirable relief may be granted without substantialtae intentdetriment imer tto po the ofp blih go ddan e or without nullifying or substantially derogating from by-law. The Board must find that applications for a variance meet all three findings. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance Page 4 APPLICATION UPDATED 07.18.18.doc 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. Completedapplication packages include twelve (12) copies of the following: • APPLICATION • PROFESSIONALLY ENGINEERED SITE PLAN ci 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 finalthe Twnledn Clerk. A 20 -day appeal period the follows. If NO appeals are taken, you will receive your 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 'is issued to: .1 hare inspected the located at 36 SHEFFIELD ROA6 12/1412@11 02:40 7743230696 CRAZ+a R MADOFE 'ommo',r.11e, ft of - IitOkullutelt,fr TOWN OF BREWSTER In accordance wiill•alle li:assachasetts State Building Code, 6th Edition, � Section 120, this CERTIFICATE OF USE AND OcCUPANC 1 CATHERINE CHILDS ACCESSORY APAR:II/ENT OVER GARAGE PAGE 011@1. , 42 Parcel 34.37 in Cite Town of Brewster, Barnstable Cowry, Commonwealth of Ill.•asssti:husetts. To the best of my knowledge, and unless otherwise noted below, the structure is ird compliance with the State .Building Codd, 780 CM, and for the purpose slated Wow. C3.4.2QF1 BQA #0056 USE GROUP R-3 LIVE L041 4o P.S.F. .F1RE GRADING • 5-B C'I%t'<�NC'.T,' 1. SINGLE FAMILY C�WW INC- . .r J ACQi Q.F�YAPA13fMEt�T_ ' '- Building Official , 1123/21310 Date Certificate Issued: o`� o� ,,stare,., E; 1 1 : 3 E' May 11, 2021 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 1125 FAX: (508) 896-8089 EMAIL: BUILDING@BREWSTER-MA.GOV W W W. BREWSTER-MA. GOV OFFICE OF BUILDING DEPARTMENT Catherine Childs 36 Sheffield Road Brewster, MA 02631 Re: 36 Sheffield Road, Map 95 Lot 79 located within the Residential Medium Density (RM) Zoning District Dear Ms. Childs, On January 23, 2010 you were issued a Certificate of Occupancy for an Accessory Apartment pursuant to Board of Appeals Special Permit #00-56. It has come to my attention that this Accessory Apartment is not being occupied in accordance with the conditions identified on the Special Permit #00- 56. If you wish to rent to other than immediate family members or a caregiver for a family member, than you would need to return to the Board of Appeals to Amend the Special Permit noted above to remove the immediate family restriction. If I can answer any questions, please do not hesitate to contact the Building Department. ince ely, ictor E. Staley Building Commissioner cc: Ryan Bennett, Town Planner Jill Scalise, Housing Coordinator Enclosures VS/sp ��,.�.eaEwts F •C o' '4. t.1Z WI 4 Y U24 December 21, 2009 • TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 125 FAx:(508)896-8089 W WW.TOWN.BREWSTER.MA.US Ms. Catherine Childs 36 Sheffield Road Brewster, MA 02631 Re: 36 Sheffield Road, Identified on Assessors Map 42 Lot 30-37 OFFICE OF BUILDING DEPARTMENT Dear Ms. Childs: On April 29, 2003 a permit was issued by the Building Department for an In-law Accessory Apartment pursuant to Board of Appeals Special Permit #00-56 (copy enclosed). Please be aware that a Certificate of Occupancy has not been issued for this accessory apartment as required by Section 120 of the State Building Code 780 CMR. Please arrange with the Building Department for a final inspection to verify accessory apartment use. Sincerely, tor E. Stale Building Commissioner VS/mt Enclosure cc: Peter Mullin ,.I0 9 is issued to: 12/14/'2011 02:40 7743230695 CRAIG R MADORE. Commem It eiifl 9!ftL ', , atfit €t ' TOWN OF BREWSTER In accordance witittbe Massacazttsei1s State $uildin r Code, 6th Edition, Section 120„ this CERTIFICATE OF USE AND OCCUPANCY CATHERINE CHILDS I have inspected the ACCESSORY APARTMENT OVER GARAGE located at • 36 SHEFFIELD ROAD , Map A? Parcel 30'37 iP/ the Town of Breu4ter, Barnstable County, Complwms'eatth of 1%Yassaehusetfs. To the best of • my knowledge, and unkcs otherw.Ise 'toted below, the strltctwre is in compliance with the State Building Cede, 790 CMR, and for the purpose • soma irelow. • C3.4 -2Q0 DOA #00.58 .USE GROUP R-3 —.. LIVE .1.0.4.P. 'Cll C,A,iI3INCi' 1 /23/2010 . bate Certificate Issued: 40 P.S.F. SINGLE FAMILY DWELL9t\SG- OC'C't7P4INC.4'' rWcc,, _ F.CC, I: tYAP�R}-fMEE>�; _ Badding Official PAGE 01/01 TOWN OF BREWSTER ZONING BOARD OF APPEALS DECISION #00-56 D In the matter of the Zoning Board of Appeals hearing #00-56, filed by Catherir e C ds, for the property located at 36 Sheffield Road, Brewster, MA 02631, map 42, lot 30- Fri applying for a Special Permit to have•an accessory apartment under Chaiptei 17SiDn Article VI, Section 179-11, Table 1, Item 3.1 As required by law, a duly advertised public hearing was held on Janual y 23, 2001 at the Brewster Town Offices. Members of the Board present and hearing the petition were Harvey Freeman, Robert Lindsay, Brian Harrison; Chet Kennedy and Philip Jackson. Ms. Childs was present and had Mr. Peter Mullin with her to help answer any questions the Board might have. The Board found the following • The proposed location is inthe Residential an Iapartmlent over Ity an(ex Misting 2 -car garage for • The applicant proposes to con occupancy by her sister and her sister's young son. ® The apartment is planned to have an area of 576 square feet and have only one bedroom, a bathroom, a kitchen and a living area. • • Catherine Childs will be occupying the remainder of the home.. Conditions: The accessory apartment is restricted to the use only of immediate family members, ® including in-laws, or caregivers for ailing family members. When these critc;ria are no longer met, the use as an accessory apartment shall cease and the Buildiilg Commissioner of the Town of Brewster shall be notified of the change under Chapter 179-16, Table 2, Note 14. The Board members hearing this petition voted as follows: Harvey Feeman grant Robert Lindsay grant Brian Harrison aron+ Chet Kennedy • grant Philip Jackson grant rvey F -e •n, Chairm,gn,. This decisi• is'file>`•lwi`fk�`fhe�/T vbr Town Cler '20 a eel: eriodt The twenty- ay (, w .) pp, P° Town Clerk Tammi Mason, Clerk cd rk, Town Of Brewster, MA on (* V..)l 0 e,‘,),,..4 ' 2001 siapsed this day of 5' 2001 BARNSTABLE REGISTRY OF DEEDS Bk 13806 F'g23 #31308 The Commonwealth of Massachusetts TOWN OF BREWSTER BOARD OF APPEALS '. NOTICE OF VARIANC p-07-2001, 01:29p Conditional or limited Variance or Special Permit (General Laws Chapter 40A, Section 18 as amended) Notice is hereby given that'a Conditional or Limited Variance or Special Permit has been granted f . To . Catherine Childs Owner or Petitioner Address . •36 Sheffield Road City or Town Brewster, MA 02631 Map 42, lot 30-37 Identify Land Affected City by'the Town of Brewster, MA 02631 Board of Appeals affecting the rights of the owner with respect to the use of premises on 36 Sheffield Road, Brewster, MA 02631 • Street • the record title standing in the name of City or Town Catherine Childs whose address is 36 Sheffield Road, Brewster, MA 02631 Street City or Town . State by a deed duly recorded in the Barnstable . ' ' County Registry of Deeds in Book Page Book Page Registry District of the Land Court Certificate No The decision of said Board is on file with the papers in. Decision or Case No. City In the office of the Town Clerk Brewster, MA 02631 ' Certified this day of 2000 Board of Appe Board of Appeals Via, mU 11rtwi Board of Appeals 00-56 • Chairman Clerk 2000 at . .. o'clock and - minutes . M. Received and entered with the Register of Deeds in the County of Book Page ' Attest Register of Deeds Notice to be recorded by Land Owner. TOWN OF BREWSTER ZONING BOARD OF APPEALS DECISION #00-56 ;R z In the matter of the Zoning Board of Appeals hearing #00-56, filed by Ca theric e C4cds, for the property located at 36 Sheffield Road; Brewster, MA 02631, map z12, lot 30-5i p1 applying for a Special Permit to have•an accessory apartment under Chapter 17'ix, Article VI, Section 179-11, Table 1, Item 3.1 As required by law, a duly advertised public hearing was held on January 23, 2001 at the Brewster Town Offices. Members of the Board present and hearing the petition were Harvey Freeman, Robert Lindsay, Brian Harrison; Chet Kennedy and Philip Jackson. Ms. Childs was present and had Mr. Peter Mullin with her to help answer any questions the Board might have. The Board found the following • The proposed location is in the Residential Medium Density (R -M) Zone. ® The applicant proposes to construct an apartment over an existing 2 -car garage for occupancy by her sister and her sister's young son. ® The apartment is planned to have an area of 576 square feet and have only one bedroom, a bathroom, a kitchen and a living area. ® Catherine Childs will be occupying the remainder of the home. Conditions: The accessory apartment is restricted to the use only of immediate family members, including in-laws, or caregivers for • ailing family members. When these criteria are no longer met, the use as an accessory apartment.shall cease and the Building Commissioner of the Town of - Brewster shall be notified of the change under Chapter 179-16, Table 2, Note 14. The Board members hearing this petition voted as follows: Harvey Feeman Robert Lindsay Brian Harrison Chet Kennedy Philip Jackson grant grant gran} grant grant corn m f f (1,00/*) rvey F -e •n, Chaim -NA •.; Tammi Mason, Clerk This decisi•• is' file law thelrTovGr`r,CCerk, Town Of Brewster, MA onV(.; V.Ll(i(0. AS, 2001 Town Cler • • The twenty -gay (i20) appeal:.period Town Clerk 2001 BARNSTABLE REGISTRY OF DEEDS CATHERINE LEE MERRILL CHILDS 36 SHEFFIELD ROAD . . BREWSTER, MA 02631 February 13, 2003 Town of Brewster Building Department 2198 Main Street Brewster, MA 02631 Attn: Victor Staley Dear Mr. Staley, Please accept my application for an accessory apartment at 36 Sheffield Road located above the garage. This accessory apartment was approved by the board of appeals, hearing #00-56. At this time no immediate family member is occupying this space but will be in the near future. If you have any questions please contact me during the day at 508-398- 2556 ext. #10 Sincerely, ediu,i,t drm.clacc4 Catherine Childs Application#21-20 www.brewster-ma.gov Page 1 of 1 8/5/2021 DEPARTMENT REVIEWS Application #21-21 APPLICANT/OWNER: Catherine Childs REPRESENTATIVE: MAP/LOT: Map 42, Lot 30-37 PROPERTY ADDRESS: 36 Sheffield Road Received from: Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator  This property does not appear to be within the jurisdiction of the Conservation Commission. Historic District Com. Comments received from Sara Provos, Senior Department Assistant The property does not fall within the Old Kings Highway. Police Dept. Comments received from Lt. George Bausch  The Brewster Police have no issues. Health Dept. Comments received from Amy von Hone The Health Department has no conflict with the proposal. Building Dept. Comments received from Victor Staley This property is properly before the Zoning Board of Appeals. Fire Dept. Comments received from Chief Moran If approved, the applicant shall request a smoke and carbon monoxide inspection of property to ensure compliance. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Archive d: Thursday, August 5, 2021 11:59:25 AM From: Cathy Childs Se nt: Thu, 22 Jul 2021 08:01:30 To: zbameeting Subje ct: FW: letter of approval-Childs Se ns itivity: Normal On 20 Jul 2021, at 1:12 pm, barbara JELLEN <bksj@comcast.ne t> wrote : \u-257 ? C athy, I have no objections to you amendi ng the category of your existing in-law apartment to accessory apartment. Barbara A. Jellen 27 Sheffi eld Road Brewster, Ma. 02631 508-896-0240 neicn & Hnigau rernanaes 22 Sheffield Road Brewster, MA 02631 Phone: 774-323-0744 July 21, 2021 Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 RE: ZBA Case #21-21 - 36 Sheffield Road, Brewster Dear Board Members, We live at 22 Sheffield Road and are direct abutters to the property referenced in this case and are in receipt of the notification regarding the modification to the special permit. This letter has been prepared in order to offer our support of the proposed change. Cathy and her tenants have been great neighbors for the ten years we have lived next door Please call if you have any questions or require any additional information. Thank you. Keith & Abigail Fernandes Archive d: Thursday, August 5, 2021 12:00:40 PM From: Catherine Childs Se nt: Tue, 27 Jul 2021 08:51:43 To: zbameeting Subje ct: Fwd: In Law Apartment Se ns itivity: Normal ---------- Forwarded message --------- From: Emily Binns <embinns123@hotmail.com> Date: Sun, Jul 25, 2021 at 8:29 PM Subject: In Law Apartment Subj e ct: Chil ds Case #21-21 To: clmc33@gmail.com <clmc33@gmail.com> Hello, this is Emily and Chris Matheson of 10 Sheffield Road, Brewster. We would like to express our support is amending the in-law apartment to an accessory apartment. The housing/rental market is especially tough for people now, and any available rental for our community would be beneficial. Thank you , Emily and Chris Sent from my iPhone a E oEfl ootituippoll o vvifii namomoo TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 95/79/0 95/80/0 22 SHEFFIELD, ROAD 95/78/0 42 SHEFFIELD Serenity Apartments at Brewster Affordable and Elegant 55+ Independent Senior Living Serenity Apartments at Brewster is pleased to announce our Grand Opening, Ribbon Cutting event! Come take a tour of the property to see what it has become! We will be providing snacks ,beverages and entertainment. August 25th, 2021, 6 to 8 p.m. 873 Harwich Road, Brewster, MA 02631 RSVP to dhoward@elevationpropertymanagement.com www.serenitybrewster.com GRAND OPENING -RIBBON CUTTING CEREMONY