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HomeMy Public PortalAboutZBA Meeting Packet 03/09/21 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 March 9, 2021 at 7:00 PM 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 meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster- 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. Continued Applications: #19-37 Applicant: 19 Muskrat Lane LLC. (Represented by Attorney Benjamin Zehnder), 19 Muskrat Lane, MAP103 LOT 9, in the RM zoning district. The applicant seeks an Appeal of the Building Commissioners decision that a boat storage shed, kayak rack and roll out boardwalk are not permissible uses on the property in the RM zoning district under MGL 40A § 8 & 15, and Brewster Zoning Bylaw §179 6-D(4). (Continuance requested for May 11, 2021) #20-17 Applicant: Robert S. Tullock and J. Bruce MacGregor (Represented by Attorney Benjamin Zehnder). Pursuant to Brewster zoning bylaws section §179, Table 1, Use 8 applicants seek an appeal from the Building Commissioner’s October 6, 2020 determination; in the alternative, applicants seek a one-time variance from the Table of Use Regulations to allow grinding of an exisiting concrete material pile on property located at 0 Commerical High Density (C-H) zoning district and shown on Assessor Map 77, Lots 19, 21 and 22. #21-03 Applicant: Sean M. Burke & Adam P. Burke (Represented by Andrew L. Singer), Angler’s Cartway (aka 0 Holly Avenue Rear), MAP 137, LOT 1, in the RR zoning district. The applicants seek an appeal from the Building Commissioner’s Determination in accordance with M.G.L. Chapter 40A, Section 8 and 14, or alternatively seeking 2) a Variance under Article X, Section §179-52 of the Brewster Zoning By-Law and M.G.L. Chapter 40A, Section 10, from the provisions of Section §179-26(D)(1)b), or 3) other relief as the Board determines appropriate, in order to confirm that the Property on Angler’s Cartway shown as Parcel 1 on Brewster Assessor’s Map 137 is buildable for single-family residential purposes. #21-06 Applicant: 2851 Main Street Holdings LLC (Represented by Ford & Ford Attorneys at Law), 2851 Main Street, MAP 90, LOT 153-0, in the RM zoning district. The applicant seeks a Use Variance pursuant to Bylaws §179-52 to restore the Nickerson House and Barn as an accessory use to the Ocean Edge Resort and Conference Center. Select Board Mary Chaffee Chair Benjamin deRuyter Vice Chair Cynthia Bingham Clerk David Whitney Edward Chatelain Town Administrator Peter Lombardi Assistant Town Administrators Susan Broderick Donna Kalinick Executive Assistant to the Town Administrator Robin Young #21-05 Applicant: Byfield Cartway LLC (Represented by Attorney Marian S. Rose ), 79 ByfieldCartway, MAP 50 LOT 6, in the RM zoning district. The applicant seeks a special permit pursuant to MGL c. 40A §10 and Bylaws §179-25B to build a primary dwelling which would be conforming as to setbacks, height and coverage, including relocation of one cottage(which is located within the fifty-foot wetland buffer) to another conforming location on the property outside the buffer area. (Continuance requested for April 13, 2021). New Applications: #21-07 Applicant: Dale Bangma (Represented by Benjamin E. Zehnder). 80 Colonial Way, MAP 129, LOT 21, in the RM zoning district. The applicants seek an appeal from the Building Commissioner’s Determination that locus is not conforming in accordance with M.G.L. Chapter 40A, Sections 8 and15, or alternatively seeking 2) a Variance from terms of Bylaws §179-57(A), pursuant to M.G.L. Chapter 40A Section 10 and Zoning Bylaws179-52 to build a 4 bedroom single family dwelling structure. #21-08 Applicant: Brewster Historical Society, Inc. (represented by Attorney Stephen Jones), 51 Drummer Boy Road, Map 26, Lot 28, in the RM zoning district. The applicant seeks a Special Permit for a Special Event Venue use under Brewster Zoning Bylaw, Article 20, Section 5, Table of use #16. To hold 13 Farmers Market events beginning June 23 through October 10 (alternative dates will be provided) #21-09 Applicant: Janet L. Ross & Rick Ross, 31 Robbins Hill Rd, Map 49, Lot 49, in the RM zoning district. The applicants seek a Special Permit pursuant to Bylaws §179-25 to replace and rebuild pre-existing sunroom and deck. #21-10 Applicant: Joshua Schiff, 3038 Main Street, MAP 101, LOT 26, in the RM zoning district. The applicant seeks a Special Permit for a Special Event Venue use under Brewster Zoning Bylaw, Article 20, Section 5, Table of use #16. After a successful 2020 season of events, the CBI Farm is requesting 36 event permits to be held at the Farm for the 2021 season. #21-11 Applicant: Thomas R. Meyer and Susan E. Meyer, 361 Slough Road, Map 11, Lot 50, in the RR zoning district. The applicants seek a Special Permit pursuant to Bylaws §179-25 in order to raze a pre-existing nonconforming deck, stairs and wall and replace the deck with a slightly larger deck, stairs and wall to provide access to the basement level on a lot that is pre-existing nonconforming as to size and to frontage. #21-12 Applicant: Saumil Patel, 2771 Main Street, Map 90, Lot 99, in the VB zoning district. The applicant seeks a Special Permit pursuant to Bylaws §179-25 (B) to construct an addition to the second floor of the primary mixed-use commercial building matching existing roofline and dormers. 6. Matters Not Reasonable Anticipated by the Chair 7. Next Meeting: April 13, 2021 8. Adjournment Date Posted: Date Revised: Received by Town Clerk: 3/04/2021 Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, February 9th, 2021 at 7PM Virtual Meeting Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Bruce MacGregor, Jeff Carter, Patricia Eggers, and Jeannie Kampas, Art Stewart. A quorum was determined. Also present: Marion S. Rose (Attorney representing Applicant Byfield Cartway LLC), Bruce and Rena Caldwell, Chris Childs, John O’Reilly, Ryan Bennett (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 January 12, 2021 minutes A motion was made by Pat Eggers to approve the January 12, 2021, meeting minutes, Bruce MacGregor second the motion, a vote was taken: Brian, Bruce, Jeff, Pat and Jeannie approved the minutes unanimously. Application Review of #15-31, Applicant: HOA Paul Hush Way Comprehensive Permit (40B), Compliance. Brian Harrison asked Ryan Bennett to explain to the Board the request. She stated this request is a housekeeping item. Habitat is looking to close out the permit and they are coordinating with the Building Commissioner any outstanding items ensuring they are compliant in the comprehensive permit. They are looking to confirm the HOA documents and the covenant have been approved by Legal counsel. Ryan indicated that the documents went to counsel in December and were approved. She is asking the Board to recognize approval by counsel so the Building Commissioner can close out the permit. Brian stated that only 2 Board members are present who originally reviewed the case in 2015 and asked if it mattered. Ryan indicated that it was not necessary that all current Board members can vote. Brian asked if there were any questions, there being none, a motion was made to approve by Pat Eggers, Jeanne Kampas second the motion, and the request was approved unanimously. Application Review of #20-17, Applicant: Robert S. Tulloch and J. Bruce MacGregor (Represented by Attorney Benjamin Zehnder) Brian Harrison stated the Applicants are seeking a continuance until the March 9th meeting. Pat made a motion for Application #20-17 be granted a continuance until the next meeting on March 9th, and Jeanne second the motion. A vote was taken, Bruce MacGregor abstained, the remaining Board members approved the continuance until March 9th meeting. Application Review of #21-03, Applicant: Sean M. Burke & Adam P. Burke, Angler’s Cartway (aka 0 Holly venue Rear), Continuance Requested for February 9th, 2021 Brian Harrison stated the Applicants are seeking a continuance until the March 9th meeting. Pat made a motion for Application #21-03 be granted a continuance until the next meeting on March 9, 2021, Jeff second the motion. A vote was taken and the Board voted unanimously for Application #21-03 be continued at the March 9th meeting. Application Review of #21-02, Applicant: J&J Revocable Trust, Robert S. Tulloch Trustee 32 Sara Ann Lane, (Represented by Robert S. Tulloch). Page 2 of 2 Brian Harrison stated case #21-02 was continued from last month and the applicant was asked to submit documents to prove the statute of limitations that the sheds were on his property more than 10 years. He directed the Board to the materials provided in the meeting packet. He asked the Board if the supported documentation submitted met the statute of limitations. The Board approved by a role call vote, 5 members approved, Bruce MacGregor abstained, that there was sufficient evidence to prove the statute of limitations subject to the applicant withdrawing the request for variance. Application Review of #21-05, Applicant: Byfield Cartway LLC (Represented by Attorney Marian S. Rose) Brian Harrison stated that there was no comments from the Building department on 21-05 and was questioning if a variance was necessary. Marian Rose indicated that pre-Covid, her law firm and the engineer John O’Rielly spoke to the Building Commissioner and the Town Planner and the Building Commissioner determined that they request a special permit. Marian Rose introduced the case and provided the Board with some background. She indicated also included on the call were Bruce and Rena Caldwell (owners), Chris Childs (Builder) and John O’Reilly (engineer). Marian referred the Board to the photos that were included in the packet. She indicated that the 3 cottages that are presently on the land are modest in size between 600 and 900 sq. ft. and have been on the lot since the 1900’s. The owners have owned the property since the 1960’s and have had renters for 4 generations. She indicated that the owners would like to construct a new primary dwelling, conforming to setback, coverage and height and relocate the western most cottage to a conforming location on the eastern side of the property. She proposed that this will not be detrimental to the existing neighborhood. She highlighted a letter of support from an abutting neighbor and indicated she is not aware of any opposition. She referred to the Department comments that were submitted and indicated that she is happy to work with any of the departments to address their concerns. She also stated that John O’Reilly has contacted the fire department and is currently attending the Conservation Committee meeting for approval as we speak. She understands that if the Board votes for approval it should be conditioned on the Board of Health, Conservation, Historic and Fire Department. The Ryan suggested the Board has the option of withholding the vote and continuing the case until other Boards and Committees complete their review or make your review conditional on the approval of the other Boards and Committees. Brian asked if there was anyone for the public attending that would like to comment. John O’Reilly indicated that he did get approval from the Conservation Committee. Brian asked the Board to close to public input, Pat made a motion to close to public input, Art second the motion. It was voted unanimously to close to public input. The Board discussed the request further. Ryan indicated that due to the heavy case load for the March 9th meeting this case would likely be heard at the April 13th meeting. Pat made a motion for Application 21-05 be granted a continuance until the next meeting on March 9, 2021, understanding that the case may be moved to the April 13th meeting due to the case load for the March 9, 2021 meeting. Bruce second the motion. A vote was taken and the Board voted unanimously for Application #21-05 be continued at the March 9th meeting. Application Review of #21-06, Applicant: 2851 Main Street Holdings, LLC (Represented by Ford & Ford Attorneys at Law) Brian Harrison stated the Applicants are seeking a continuance until the March 9th meeting. Pat made a motion for Application 21-06 be granted a continuance until the next meeting on March 9, 2021, Bruce second the motion. A vote was taken, Jeanne Kampas abstained, the remaining Board members approved the continuance until March 9th meeting. Matters Not Reasonably Anticipated by the Chair: Nothing additional to discuss The next meeting of the Brewster Zoning Board of Appeals is scheduled for March 9th, 2021. Pat made a motion to adjourn the meeting, Jeannie second the motion, a roll call vote was taken: Brian, Pat, Bruce, Jeannie, Art and Jeff voted unanimously. Vote: 6-0-0. Meeting adjourned at 8:01 pm. #19-37 Applicant: 19 Muskrat Lane LLC. Represented by Attorney Benjamin Zehnder Town of Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 (508) 896-3701 X1168 FAX (508) 896-8089 WAIVER/ CONTINUANCE TO: ZONING BOARD OF APPEALS RE: PETITION NUMBER ZBA 19-37 NAME OF APPLICANT 19 MUSKRAT LANE LLC MEETING DATE: MARCH 9, 2021 I HEREBY REQUEST THE ZONING BOARD OF APPEALS TO CONTINUE THE HEARING OF THE ABOVE PETITION UNTIL THE NEXT REGULARLY SCHEDULED HEARING ON MAY 11, 2021 AND AGREE TO AN EXTENSION OF THE DEADLINES FOR ZONING BOARD OF APPEALS ADMINISTRATIVE ACTION. I UNDERSTAND THIS WAIVES MY RIGHTS UNDER THE STATUTORY TIME PERIODS AND THE CONSTRUCTIVE GRANT SECTIONS OF THE M.G.L. CHAPTER 40A. vz1 APPLICANT/AUTHORIZED AGENT Benjamin E. Ze S///hn er �� CHAIRMAN, ZONING BOARD OF APPEALS Time and Date Stamped By Town Clerk CONTINUANCE/ZBA 8/11/2016 2:51 PM #20-17 Applicant: Robert S. Tulloch and J. Bruce MacGregor Represented by Attorney Benjamin Zehnder La Tanzi Spaulding & Landreth 8 Cardinal Lane ' 14 Center Street, Suite 4 3010 Main Street, Suite 2E Orleans Provincetown Barnstable March 2, 2021 Colette Williams, Town Clerk ' Brewster Town Hall 2198 Main Street Brewster,.MA 02631 Benjamin E. Zehnder ext. 128 bzehnder@latanzi.com Re: ZBA 20-17 — Robert S. tulloch 0 Commercial Street (Assessor's Parcel ID's 77-19, 77-21, 77-22) Dear Ms. Williams: Please find enclosed for filing with the above Zoning Board of Appeals matter twelve (12) sets of the following: 1. Revised Site Plan dated December 18, 2020; 2. Order of Notice dated February 4, 2021; 3. Spec Sheet for Centraload Feeder; 4. Memo re Operations dated March 2, 2021. Enc. cc: Thank you as always for your assistance. I remain — client Ellen Murphy, Brewster Planning Office — via email only 5/ 4e0ae 3eacow sure& 7969 MAILING: P.O. Box 2300, Orleans, MA 02653 T: 508.255.2133 F: 508.255.3786 www.latanzi.com BREWSTER MA SILT FENCE/EROSION CONTROL DETAIL: TYPIML SECTION aoframx 'tow outcnon CONSERVATION NOTES: 3aWAR °MORKLINE: vlIZO DRKN1E51uu1,141 E0AS5NOWNOx v1AAUERS AWWTOi WDTA10 INPLA.CP fISTOFAROWOFB SOI OIMIERRSTMW WARIE; STARDEIAIPLACEANDMCRFDITOF M0510N0000 ARM PUCCDPROf NI.TIC MOro D0 MOMEWEDM MI DETAIL .41)0.11••11V MAN0 l3 MIME.SIALL A TIE NP Sf000TUR, MAIM COVERREE5 WIIIHCLEANAI UP 1WMAro0O TIEN SUDEOL W RIAOROUEM101EMNYGRASS. NT 11.1017 ROM RIMNINGTWIARD IleW IN BEMND RESOORCBS. TIE BFwRMASIULLBE IOAMEDAND 1117170170 WITH TIE DROUENIR)IEMM GRASS SAM MM. 010 IIATAPPOUS WIER, T ITD BF =KO NVA MPIMLMAATTERWSID B[PS W= ON TIE1TY VW. PPROPERTYSIMLLBE REUIFDroTIEUGYATION MANES. DEANMN0;RDW MUIOI:PIP!SSONR ROAD M tNI TERULAND CUM iILL1MRAIAI uNe NRo�RI • AL AAEAOFPDMOD MATERIAL AR. OWNER OF RECORD: MC. 1.4.2011 Kon11611 mom. woosto IASIONLVIONAC 0 20 40 50 SCAIE1,10. LOCUS Rout AN NOTO SCALE Pw+BDDKBu vAae s] ®BES PAa�e3n ,°sEVDa�MAPn u,u&ss LEGEND ®— 4]A000 CONTOUR u RIMMED CONTOUR • EXISTING SPOT MOE ® EROPOS1DSPOTCM! WARRSERWCE UNE OVERIf IMSERYICE UN0000 UD OUNDUIILITf5evla EASSEMACE UNE a. TfSTIOLB/BORING 1.0amoN SEPRCTIWK DNTN011110NB6t • somsottrmaNSYSIVA 04500,ED UOUTIKR FUME mu WIMP= FAT010A5W 014 OMNT e• 011... NMNHOLE • WIAIETE000ND, FOUND —T— RIP OFMNK PRIMIAIWORK UMR SECONDARY WORK WAIT ourfOlUNLAS Maw. NORTHEAST CONSTRUCTION, INC. 00 ROBERT IU Ll001, DO.4001 01, EASS MUMS, MA 01543 SITE PLAN PARCELS 19, 21 & 22, COMMERCIAL STREET, BREWSTER, MA J.M. O'REII.LY & ASSOCIATES. INC. ••••••••• M.MTet A Tnn4 Ra.oln4 K.4.I.e meMoe-east 00 ,.. PM (404444sem L.. OW,geAM OPIMKTDOMMDnuSMNMPSt�1eA+n.na. O*00010-wvn 1]LB-1000 N54(42 Jo, NO IMO -11793 RI< ;33788 P1470 010457 02-12'-21121 a: 1211511p Please note: this form has been modified with added space to accommodate the Registry of Deeds Requirements Important: When filling out forms on the computer, use only the tab key to move your cursor -do not use the return key. e - _X Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5.Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1874 Massunp File # eDEP Transaction # Brewster City/Town A. General Information Brewster 1. From: Conservation Commission 2, This issuance is for (check one): 3. To: Applicant: Robert Tulloch a. ®Order of Conditions b. ❑ Amended Order of Conditions a. First Name b. Last Name Northeast Construction, Inc c. Organization PO Box 2350 d. Mailing Address Brewster e, City/Town 4. Property Owner (if different from applicant): J Bruce a. First Name MA f. State MacGregor b, Last Name 02631 g. Zip Code c, Organization PO Box 1959 d, Mailing Address Brewster MA a. City/Town f. State 5. Project Location: Parcels 19, 21, 22 Commercial Street Brewster a. Street Address 77 c, Assessors Map/Flat Number Latitude and Longitude, If known: b, City/Town 19, 20, 21 (27117-2,3,4) d, Parcel/Lot Number d m s d 02631 g. Zip Code m s d, Latitude e. Longitude wpaform5.doc ' rev. 6/1812015 Page i of 12 l �i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1874 MassDEP File # eDEP Transaction # Brewster City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable a, County b. Certificate Number (if registered land) 3310 237 c. Book d, Page 12/22/20 1/26/21 2/4/21 7. Dates: a. Date Notice of Intent Filed b. Date Public Wearing Closed c. Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Northeast Construction, Inc. Site Plan Parcels 19, 21, 22 Commercial Street a. Plan Title J M O'Reilly & Associates J M O'Reilly, PE, PIS b. Prepared By 0. Signed and Stamped by 1/15/21 1" = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: ® Prevention of a. ® Public Water Supply b, El Land Containing Shellfish ° Pollution f. ®Protection of d. E1 Private Water Supply e. ® Fisheries Wildlife Habitat g. N Groundwater Supply h. ® Storm Damage Prevention i. El Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc • rev. 6/1612015 Page 2 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1874 MassDEP File # eDEP Transaction # Brewster City/Town B. Findings (cont,) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth In the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. LI the Information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is Issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ® Buffer Zone Impacts: Shortest distance between limit of project 50 disturbance and the wetland resource area specified In 310 CMR 10.02(1)(a) a, linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement Resource Area 4. 0 Bank 5. 0 Bordering Vegetated Wetland 6. 0 Land Under Waterbodies and Waterways 7. 0 Bordering Land Subject to Flooding Cubic Feet Flood Storage a. 0 Isolated Land Subject to Flooding Cubic Feet Flood Storage 9, 0 Riverfront Area Sq ft within 100 ft Sq ft between 100- 200 ft a. linear feet b, linear feet c. linear feet d. linear feet a. square feet b. square feet o, square feet d, square feet a. square feet b. square feet c. square feet d. square feet e. c/y dredged f. ely dredged a. square feet b. square feet c. square feet d. square feet e, cubic feet f. cubic feet g, cubic feet h. cubic feet a, square feet b. square feet c. cubic feet d. cubic feet e. cubic feet f. cubic feet a. total sq, feet b. total sq. feet c, square feet d. square feet e. square feet f, square feet g, square feet h. square feet I. square feet J. square feet wpeform5,doc • rev. 6/1012015 Page 3 of 12 4Fl Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1874 MassDEP File # eDEP Transaction # Brewster City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10, ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a, square feet b. square feet 12. ❑ Barrier Beaches 13, 0 Coastal Beaches 14, ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 18. El Land Under Salt Ponds 19. ❑ Land Containing Shellfish 20. ❑ Fish Runs 21, 0 Land Subject to Coastal Storm Flowage 22, ❑ Riverfront Area Sq ft within 100 ft Sq ft between 100- 200 ft c, c/y dredged d. c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet a. square feet b. square feet a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet a. square feet b. square feet a. c/y dredged d. c/y dredged cu yd cu yd c. nourishment d. nourishment au yd cu yd a. nourishment d. nourishment c. square feet d. square feet a, square feet b. square feet c, square feet d. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. c/y dredged b. c/y dredged a. square feet b. square feet a. total sq. feet b. total sq. feet c. square feet d. square feet g. square feet h. square feet e, square feet f. square feet i. square feet i• square feet wpaform5.dec fey. 6116/2015 Page 4 of 12 El Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1874 MassDEP File # eDEP Transaction # Brewster City/Town B. Findings (cont.) * #23, If the project 23. [21Restoration/Enhancement*`: is for the purpose of restoring or a. square feet of BVW b. square feet of salt marsh enhancing a wetland 24. 0 Stream Crossing(s): resource area in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act has been entered In Section B.5.c (BVW) or 8.17.o (Salt Marsh) above, please enter the additional amount here. The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order, 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any Injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work Is a maintenance dredging. project as provided for in the Act; or b. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is Intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. c, If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the Issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. wpaforni5.doc. rev. 6(1612015 Page 5 of 12 o Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Brewster Provided by MassDEP: SE 9-1874 MassDEP File # City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order Is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP" j "Fife Number SE 9-1874 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaform5.doc • rev. 6116/2016 Page 0 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9--1874 MassDEP File # eDEP Transaction # Brewster City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means, At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order (the "Project") (1) 0 is subject to the Massachusetts Stormwater Standards (2) ® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) Ali work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: I. all construction period BMPs have been removed or will be removed by a date certain specified In the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; /if, any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaform5.doo • rev, 6118/2Oi5 Page 7 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1874 MassDEP File # eDEP Transaction # Brewster City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs Is suitably established to withstand erosion. c) The landowner Is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be Implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified In writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance, in the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally,binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs In accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doo • rev, 6/16/2015 Page 8 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1874 Mas$DEP File # eDEP Transaction # Brewster Citylrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and Inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. I) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. l) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department, wpvform5.doe• rev. 6/16/2016 Page 9of12 o Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L.. c. 131, §40 Provided by MassDEP: SE 9-1874 MassDEP Pile # eDEP Transaction # Brewster City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2, The Brewster hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: Code of the Town of Brewster 172 1. Municipal Ordinance or Bylaw 2, Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Code of the Town of Brewster 172 1. Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See Addendum. wpeform5.doo • rev. 6/16/2016 Page 10 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L., c. 131, §40 Provided by MassDEP: SE 9-1874 MassDEP File # eDEP Transaction # Brewster City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mall (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same lime to the appropriate Department of Environmental Protection Regional Office, if not Ming electronically, and the ploperty owner, if different from applicant. 1. Date of Issuance 7 Signatures: A f by hand delivery on Date 2, Number of Signers ® by certified mail, return receipt requested, on 2/ Date Tulloch F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Wpaform5.doc • toy, 6116/2015 Page 11 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1874 MassDEP File # eDEP Transaction # Brewster City/Town G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Brewster Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Brewster Conservation Commission Please be advised that the Order of Conditions for the Project at: 19, 21, 22 Commercial Street, 77/19, 20, 21 (27/172,3,4) Has been recorded at the Registry of Deeds of: Barnstable for: County SE 9-1874 MassDEP File Number Book Page Property Owner and has been noted in the chain of title of the affected property in; Book Page In accordance with the Order of Conditions issued on: 2/4/21 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doo • rev. 6/16/2015 Page 12 of 12 Addendum to WPA Form 5 — Order of Conditions J. Bruce MacGregor, Parcels 19, 20 and 21 Commercial Street, Order of Conditions SE 9- 1874, Assessors' Map 77, Parcel 19, 20, 21 (formerly Map 27, Parcel 17-2, 2A, 3) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act (M.G.L. Ch,131, § 40) And Code of the Town of Brewster Chapter 172 Brewster Wetlands Protection By-law (BWP By-law) Project Description: The Notice of Intent proposes to clear land used for material storage and to seed the area with a native grass mix. in addition, it proposes to construct an earthen berm along the 50 foot buffer line. All project activities are proposed within 50 and 100 feet of inland wetland resources. Resource Area Identification: The affected resource areas under the Massachusetts Wetlands Protection Act (M.G.L. Ch.131 §. 40) are Bordering Vegetated Wetland (310 CMR 10.55) and Land Subject to Flooding (310 CMR 10.57). The affected resource area under the Brewster Wetlands Protection By-law (Chapter 172) are Vegetated Wetland (Brewster Wetland Regulations 3,02) and Land Subject to Flooding (Brewster Wetland Regulations 3.04). Interests Protected Under the Brewster Wetlands Protection By-law: Wildlife Public and Private Water Supply Groundwater Supply Flood Control Storm Damage Prevention Prevention of Pollution Protection of Fisheries Historic Values Aesthetics Performance Standards Implicated by Proposed Project under Mass. Wetlands Protection Act and Wetland Regulations: Bordering Vegetated Wetland, 310 CMR 10.55 (4) Land Subject to Flooding, 310 CMR 10.57 (4) Local Performance Standards Implicated by Proposed Project under Brewster Wetlands Protection Bylaw and Wetlands Regulations: Vegetated Wetland, 3.02 (3) (4) Land Subject to Flooding, 3,04 Findings under Massachusetts Wetlands Protection Act and Wetland Regulations: The Brewster Conservation Commission finds that the project can be conditioned to meet the performance standards set forth in the wetland regulations. See Special Conditions below. Bordering Vegetated Wetlands, 310 CMR 10.55 (4): Portions of the proposed project occur within 50 and 100 feet of Bordering Vegetated Wetlands. The Brewster Conservation Commission finds MacGregor, Parcels 19, 20 and 21 Commercial Street, Order of Conditions SE 9-1874 1 Findings/ Special Conditions that the bordering vegetated wetland is significant to the protection of public or private water supply, to ground water supply, to flood control, to storm damage prevention, to prevention of pollution, and to the protection of fisheries and to wildlife habitat. The Commission finds that the proposed work can be conditioned so it will not alter or otherwise impair any portion of Bordering Vegetated Wetlands, The Commission finds that the proposed work can be conditioned so will not result in a loss of a portion of Bordering Vegetated Wetland. Land Subject to Flooding, 310 CMR 10.57 (4): No work is proposed within Land Subject to Flooding. The Brewster Conservation Commission finds that the land subject to flooding is significant to flood control, storm damage prevention, and to the protection of wildlife habitat, The Commission finds that the project will not result in any loss in flood storage volume. The Commission finds that the proposed project will not restrict flows so as to cause an increase in flood stage or velocity. The Commission finds that the project will not impair the project site's capacity to provide important wildlife habitat functions. Findings under Brewster Wetlands Protection Bylaw and Wetlands Regulations: The Brewster Conservation Commission finds that the project can be conditioned to comply with the Brewster Wetlands Protection Bylaw and Regulations. See Special Conditions below. Portions of the proposed work are within 50 feet of Vegetated Wetlands. Section 3.02(3) of the Brewster Wetlands Protection Regulations all require a variance from the regulations granted pursuant to Section 5,01 of the regulations. A variance may be granted only for the following reasons and upon the following conditions: a) 1) mitigating measures are proposed that will allow the project to be conditioned so that it contributes to the protection of the resource values identified in the Wetlands Bylaw; and 2) the Conservation Commission finds no reasonable alternative for such a project within the proposed site; and 3) there will be no adverse impact from the proposed project; or b) that the project is necessary to accommodate an overriding public interest or that it is necessary to avoid a decision that so restricts the use of property that it constitutes an unconstitutional taking without compensation. The Brewster Conservation Commission finds that mitigating measures have been proposed that will allow the project to be conditioned so that it contributes to the protection of the resource values identified in the Wetlands By-law. The mitigating measures include erosion controls and the seeding with native species. Alternatives were addressed by J. M. O'Reilly & Associates, Inc. The Conservation Commission finds that the proposed project is a reasonable alternative. The Brewster Conservation Commission finds that the project can be conditioned so there are no adverse impacts form the proposed project to the interests protected by the Brewster Wetlands Protection By-law. The Brewster Conservation Commission finds that variance criteria b), "that the project is necessary to accommodate an overriding public Interest or that it Is necessary to avoid a decision that so restricts the use of property that It constitutes an unconstitutional fairing without compensation."does not apply to this project. MacGregor, Parcels 19, 20 and 21 Commercial Street, Order of Conditions SE 9-1874 2 Findings/ Special Conditions For the above stated reasons, the Conservation Commission grants a variance to Section 3.02(3) of the Brewster Wetlands Protection Bylaw Regulations. Vegetated Wetlands, 3.02 (3) (4): Portions of the proposed work are located within 50 and 100 feet of Vegetated Wetlands. The Conservation Commission finds that the project can be conditioned so it will not impair the vegetated wetlands' ability to perform any of the functions set forth In Section 3.02(1). Land Subject to Flooding, 3.04: No work is proposed within Land Subject to Flooding. The Brewster Conservation Commission finds that the project will not result in flood damage due to filling which causes lateral displacement of water that would otherwise be confined within the project area. The Conservation Commission finds that the project will not result in an adverse effect on public and private water supply or ground water supply, The Conservation Commission finds that the project will not result In an adverse effect on the capacity of the area to prevent pollution of the groundwater. Special Conditions under the Mass. Wetlands Protection Act and Wetlands Regulations and under the Brewster Wetlands Protection Bylaw and Wetlands Regulations: The Brewster Conservation Commission hereby finds that the following additional conditions are necessary to comply with performance standards set forth in the Massachusetts Wetlands Protection Act and Wetland Regulations and the Brewster Wetlands Protection By-law. The Conservation Commission orders that all work shall be performed in accordance with said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. Al. All local, state and federal approvals shall be obtained for this project before work can commence. Copies of all approvals shall be forwarded to the Brewster Conservation Commission. A2. This permit is granted under Section 1727 of the Brewster Wetlands Protection By-law, subject to the conditions imposed, for a period of three years from the issuance date of the original Order of Conditions. The Conservation Commission may issue extensions, each for a period up to three years, based on review of the site and other criteria. Requests for each extension shall be submitted in writing, no less than 30 days prior to the expiration date. This Order of Conditions shall expire on February 4, 2024. A3. The Agent or other employee, members of the Conservation Commission and officials of the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order, at reasonable hours, to evaluate compliance with the conditions stated in this Order. Said persons may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. This right of entry shall remain until such time as a Certificate of Compliance has been issued, recorded in the Registry of Deeds or Land Court, Barnstable County, and returned to the Conservation Department. A4. This order shall apply to any successors and assigns in interest or control and any other person engaging in activity on the property identified in the Notice of Intent. A5. Violation of any of these Conditions shall subject the violator and the landowner to a fine (of not more than $300.00 per day) pursuant to Section 17211 of the Town of Brewster Wetlands Protection By-law, until all violations have been corrected to the satisfaction of the Brewster Conservation Commission. MacGregor, Parcels 19, 20 and 21 Commercial Street, Order of Conditions SE 9-1874 3 Findings/ Special Conditions A6. All work shall be in accordance with the approved plan of record noted to be Site Plan, Parcels 19, 21, & 22, Commercial Street, Brewster, MA, as completed by J. M. O'Reilly & Associates, Inc., and dated 1,15.2021. If any changes are made in the above -described plan(s) which may or will alter an area subject to protection under the Wetlands Protection Act and the Town of Brewster Wetlands Protection By-law, or any changes in activity subject to regulations under G.L. c. 131 §40, or the Town of Brewster local regulations occurs, the applicant shall inquire from this Commission in writing, prior to implementation in the field, whether the change(s) Is significant enough to require an Amended Order of Conditions or the filing of a new Notice of intent. Any errors in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A7. A copy of this Order of Conditions/Permit shall be kept on site at all times during project activities. This is the owner's responsibility. The owner shall see that all contractors and subcontractors retained during project activities receive a copy of this Order. Workers shall be prepared to produce the Order and all plans and supporting documents referenced in the Order, upon request of the Conservation Agent or any member of the Conservation Commission. AB. A minimum of five (5) days before commencement of work, the owner shall notify the Conservation Department using the Owner affirmation of responsibility for work/request for site inspection.., form, which shall be signed by the owner of the property as well as the contractor in charge of the work. The Commission's Agent will schedule an on -site meeting of the contractor(s) responsible, to ensure that the requirements of this Order are understood. No work shall begin until after the on -site meeting. At the on -site meeting, the contractor and the Conservation Agent will review access and protocol. During this on -site consultation, the Conservation Agent or Commissioner may require minor modifications to the approved site plan (relating to work/construction methodology) to the Order of Conditions. If so, said conditions will be provided in writing at the time of said on -site meeting. A9. Also prior to commencement of project activities, a series of dated color photographs shall be taken of the entire resource area and buffer area and shall include any erosion and revegetation area. A set of photographs shall be submitted to the Conservation Department for the applicant's permit file, with the notification form. These photos shall be labeled with the Assessor's Map and Parcel, and street address, date and general view description. Another series of dated color photographs shall be taken of the resource area and buffer area when the work is completed, and fully revegetated and stable. These photographs shall be submitted to the Conservation office at the time a Certificate of Compliance is requested, and shall remain in the applicant's permit file. The photos shall be labeled with the Assessor's Map and Parcel, and street address, date and general view description. A10. Heavy equipment or machinery is permitted. No machinery shall be operated on the wetland side of the work limit. Vegetation management shall be completed by hand or with hand tools. A11. Any debris, fill or excavated material on site shall be stockpiled away from designated wetlands. Unsuitable or excess excavated material shall be properly stabilized or removed from the site. Al2. All structures, facilities and equipment, as part of this project, shall be continually operated and maintained so as to comply with this permit. This provision applies to all equipment used on this project. Any leakage of oil, hydraulic fluid, fuel, or any other pollutant shall be cleaned up immediately, and the defective equipment responsible for said leakage shall be immediately repaired or taken off site. A13. Mulch shall not be a substitute for groundcover or shrubs in jurisdictional areas. MacGregor, Parcels 19, 20 and 21 Commercial Street, Order of Conditions SE 9-1874 Findings/ Special Conditions 4 A14. Installation of in -ground irrigation systems shall be prohibited within 100 feet of any wetland resource areas. Temporary above ground irrigation systems may be used to establish mitigation plantings. A15. Any fertilizers used within 100 feet of any wetland resources shall be listed by or comprised of organic ingredients consistent with the United States Department of Agriculture National Organic Program (NOP). Organic fertilizers shall be used In an appropriate manner for the conditions of the subject property, and applied in accordance to the manufacturer's specifications. A16. Pesticides, herbicides and fungicides shall be prohibited within 100 feet of any wetlands. A17. Exterior lights on structures shall be directed downward and shielded so the light does not illuminate wildlife habitat In jurisdictional areas. Spotlights and floodlights shall not be installed within the 100 foot buffer zone of a resource area; nor shall any spotlight or floodlight penetrate a resource area or 100 foot buffer zone. Ala. Any disturbed slopes on site shall be revegetated with appropriately sized and spaced approved plant species* and stabilized with 100% biodegradable erosion control netting, which shall stay in place after final grading. Other disturbed areas shall be covered with four to six inches of organic topsoil which is free of weed seeds and debris, and planted with appropriately sized and spaced approved plant species*. All disturbed areas shall be completely revegetated during the first growing season after the permitted work is complete. *Approved plant species, size and spacing are those on the list of acceptable plantings for inland buffer zones_of the Cape Cod Cooperative Extension (www.capecodextension.orq). Turf lawn is prohibited within the 100 foot buffer zone to wetlands. Mitigation A19. Following two seasons of regrowth of the natural vegetation subsequent to the removal of the materials stored within the 50 foot buffer, as noted in the site plan, this project area shall be assessed for the need for additional mitigation plantings. If mitigation plantings are needed, native plants shall be installed. A20. Any new plantings shall be tagged in the field for monitoring purposes. The tags shall remain on the planted species for easy inspection by the Conservation Administrator and/or Conservation Commission, through the required monitoring period. A21. All new plantings shall survive three full growing seasons or be replaced In kind by the applicant and/or property owner. Monitoring/Reporting A22, Any new plantings shall be monitored for three years with progress reports and photographs of the plantings completed by an approved environmental consultant and submitted to the Conservation Commission prior to November 1 on an annual basis. Project Completion/Certificate of Compliance A23. A final report, which shall include any effect on the wetland resources shall be submitted following completion of the project and prior to a Request for Certificate of Compliance. A final series of dated color photographs shall be taken of the resource and buffer area when the work is completed. These photographs shall be submitted to the Conservation office at the time a Certificate of Compliance is requested, and shall remain in the applicant's permit file, These photos shall be labeled with the Assessor's Map and Parcel, and street address, date and general view description. MacGregor, Parcels 19, 20 and 21 Commercial Street, Order of Conditions SE 9-1874 5 Findings/ Special Conditions A24. If mitigation plantings are installed, the Conservation Commission shall require three full growing seasons for mitigation plantings before issuing a Certificate of Compliance. Any Certificate of Compliance granted before plant viability shall be conditional on prior submittal of a performance bond, to be held until the Conservation Commission/Agent determines plantings are mature enough to ensure survivability. A25, On completion of the entire project, the applicant or representative shall submit a written request for a Certificate of Compliance on WPA Form 8A - Request for Certificate of Compliance MA WP ACT. The plan of record contains the stamp of a Professional Engineer (PE), It Is further required that a written statement by a PE certifying substantial compliance with the plan and an "as-built/as-planted" plan be Included. If the "as-bullt/as-planted" plan shows any deviation from the approved plan, the PE shall describe said deviation In the statement, This form shall be accompanied by payment of a non-refundable fee to the Town of Brewster. Without a Certificate of Compliance which has been recorded (at the Registry of Deeds or Land Court, whichever applies), an encumbrance shall remain on the property, and your filing will not be closed. 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JEFFREY( jRADER' Pennsylvania CRUSHERS Crusher www.terrasource.com a info@terrasource.com The brands comprising TerraSource Global are wholly -owned subsidiaries of Hillenbrand, Inc. (NYSE; HI), which Is based in Indiana, © 2019 TerraSource Global. All Rights Reserved. ° APPROXIMATE LAYOUT DIMENSIONS' AND SHIPPING WEIGHTS IN. (MM) MODEL NO. SLOPE HP A B C D E LBS (KG) CF 3607 5° 5 18" (457) 54.13" (1375) 113.38" (2880) 110.38" (2804) 36" (914) • 4,500 (2,041) CF 4208 5° 5 21°(533) 52.44"(1332) 125.75'(3194) 122.75°(3118) 42"(1067) 4,905 (2,225) CF 4209 5° 5 21" (533) 58.81" (1494) 137.81" (3500) 134.81' (3424) 42° (1067) 5,430 (2,463) CF 6010 5° 10 30"(762) 71.19°(1803) 153.13"(3889) 149.75'(3804) .60"(1524) 10,811 (4,904) *Certified drawings will be furnished for installation. Installation supervision is available. Contact your local sales representative to learn more about the benefits of a long-term partnership with TerraSource Global! FE R G yRcErn OUR FLAGSHIP BRANDS aC.4 JF7FREY0 RADER Pennsylvania CRUBHORB Crusher www.terrasource.com m Info@terrasource.com The brands comprising TerraSource Global are wholly -owned subsidiaries of Hillenbrand, Inc. (NYSE: HI), which is based in Indiana. © 2019 TerraSource Global. All Rights Reserved. MEMO To: Brewster Zoning Board of Appeals From: Ben Zehnder Re: Tulloch — 0 Commercial Street ZBA 20-17 Date: March 2, 2021 The following are notes regarding the proposed crushing and removal of existing concrete, and proposed screening of the existing loam pile: 1. Crushing of the concrete with a front end loader, crusher and feeder. Work will take approximately 7 working days fed by a Centraload Feeder, specs attached, with hours to be determined by the ZBA. Time to clean up the concrete pile, using a crusher. 7 days. If any dust, there will be dust control. Crushed materials to be stored on site until removed for use. No additional material to be brought to site. 2. Screening the loam pile: The pile has been there for over 60 years and consists of approximately 40,000 to 50,000 yards of loam. Applicant proposes to screen as needed for work sites. Time screening, two to three times a week at 100 to 200 c/y a time, depending on how dry the material is. Using two days a week, 182.5 days a year @ 100 c/y a day= 18,250 c/y a year x 3 years = 54,750 c/y in three years, without weather delay. Applicant proposes that all material could be screened within five years of the issuance of a variance in order to allow for weather delay. Conditioned upon no further materials to be brought to the site, all screening to be done per hours set by the Board of Appeals. 3. Conservation Commission Order of Conditions attached. END #21-03 Applicant: Sean M. Burke & Adam P. Burke Represented by Attorney Andrew L. Singer 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) Tel: (508) 398-2221 Fax: (508) 398-1568 www.singer-law.com Brewster Board of Appeals Angler's Cartway (a.k.a. 0 Holly Avenue Rear) SUMMARY OF REASONING Sean M. Burke & Adam P. Burke [collectively "Applicants"] own a vacant parcel of land on Angler's Cartway, also known as 0 Holly's Avenue Rear, in East Brewster ["Property"]. The Property is shown as Parcel 1 on Brewster Assessor's Map 137. The Property was created as a lot in November, 1967, on an Approval Not Required Plan ["ANR Plan"] endorsed by the Brewster Planning Board (copy of Plan Book 219, Page 79 attached) and has been in the Applicants' family for forty-two (42) years. The way shown on the recorded plan is labeled as "way to Route 6A" and is now known as Angler's Cartway. Angler's Cartway (formerly also known as Proprietor's Road and Olde Owl Pond Road) currently serves as access to two residentially developed parcels of land to the southwest of the Property. The Property is located in the RR Zoning District. Current dimensional requirements in the RR Zoning District are minimums of 100,000 sq. ft. of area, 200 ft. of lot frontage, and 160 ft. of lot width. Lot Frontage is a defined term and refers to Street, also a defined term. Neither of these definitions nor the current dimensional requirements in the RR Zoning District were in existence in the late 1960's when the Property was created as a lot. The Property contains 214,533 sq. ft. of area, more than twice the minimum required. Angler's Cartway runs through the land and provides several hundreds of feet of physical frontage and width along the road. As discussed below, it is the Applicant's position that the Property is either a conforming lot or, at a minimum, a pre-existing nonconforming lot that was conforming when the new Zoning By -Law provisions were first enacted in 1971. 1 The Applicants have been reviewing the Property for several months with the Brewster Building Commissioner in his role as Zoning Enforcement Officer. As set forth in prior emails and reiterated in more detail in a Memorandum dated February 24, 2021 (copy attached), the Building Commissioner has stated that he does not believe that the Property has frontage nor that it is within his role to review Court cases that speak to this issue. The Applicants respectfully disagree and have appealed his determination and request the Board of Appeals overturn his decision in accordance with M.G.L. Chapter 40A, Sections 8 and 14. Alternatively, the Applicants have applied for a variance in accordance with Article X, Section 179-52 of the Brewster Zoning By -Law and M.G.L. Chapter 40A, Section 10, from the provisions of Section 179-26(D)(1)(b), or for other relief as the Board determines appropriate, to confirm that the 4.925 acre Property is buildable for single-family residential purposes. Conforming Lot Analysis The Town of Brewster regulates buildability of land in the Zoning By -Law. Certain lots are deemed conforming with the current provisions of the Zoning By -Law, and certain lots are deemed grandfathered from current provisions in accordance with various paragraphs of Section 179-26 of the Zoning By -Law. Conforming and grandfathered lots are entitled to building permits for residential use. As referenced above, the Property appears on the ANR Plan, is located in the RR Zoning District, and contains more than the required lot area, lot frontage, and lot width. Angler's Cartway is a Street providing Lot Frontage as defined in the current Zoning By -Law and discussed further below. Brewster Town Counsel has previously opined and the Brewster Planning Board has previously determined that Angler's Cartway is a private road that is subject to the rights of the public in, over, and upon it. Based on all of the above, the Property is a conforming lot as defined and regulated by the Zoning By -Law and is entitled to a building permit for residential use. A "Lot" is defined as "an area or parcel of land [excluding water area], in common ownership, designated on a plan filed with [the Town] by its owner or owners as a parcel to be used, developed or built upon as a unit under single ownership or control...." The Property meets the definition of Lot as 2 defined and is therefore a Lot. The Building Commissioner confirms in his letter that the Property "satisfies the minimum land area" requirement. "Lot Frontage" is defined as "that part of a lot line abutting a street or right of way, or continually or contiguously abutting more than one street or way, for the distance required in Table 2, Area Regulations (emphasis added)." "Street" is defined as "a way which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A `street' includes all public ways, a way which the Town Clerk certifies is maintained and used as a public way, a way shown on a plan approved and endorsed in accordance with the rules and regulations governing subdivision of land in Brewster, Massachusetts, and a way having in the opinion of the Brewster Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon" (emphasis added). Angler's Cartway as it relates to the land meets the defmition of Street. It is a way "devoted to public use," it is "shown on a plan approved and endorsed" by the Planning Board in accordance with its then rules and regulations, and the Planning Board through prior action has rendered the opinion that the way has "sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon." In fact, two houses have been built and are used for residential purposes along Angler's Cartway. The Property, a Lot which has access along a Street, thus has Lot Frontage, all as defined and regulated by the Zoning By -Law. Since the Property also has more than the required dimensional minimums established by the Zoning By -Law, it is a conforming lot. Alternative Supporting Grandfathered Lot Analysis Alternatively, and by way of further evidence of buildability, the Property also complies with the grandfather provisions of Section 179-26(A) of the Zoning By -Law even if it were not a conforming lot. As set forth in the Zoning By -Law, the Property is a lot that existed as of May 7, 1973, contains more 3 than 15,000 sq. ft. of area, more than 100 feet of frontage, and was reviewed and then endorsed by the Planning Board in its official capacity in 1967 at the time of lot creation. The Massachusetts Land Court examined a parcel of land in Brewster that was also created in 1967 (though this was by means of a so-called 81X plan that was created without the need for or benefit of Planning Board review and endorsement) in the case of Mitchell R. Clark v. Jane C. Wagoner, et. al., as Members of the Board of Appeals of the Town of Brewster, MA Land Court Misc. Case 179250 (January 5, 1994)(copy attached). The Court notes that the definition of Street for which Lot Frontage is related came into effect in 1971. "Prior to that, the Town required simply that, to be buildable, a residential lot must have at least 100 feet of frontage 'on a public or private way' — the term 'way' being undefined" (Clark v. Wagoner, et. al, Page 1). The Court cites Adamowicz v. Town of Ipswich, 395 Mass. 757 (1985) for the holding that "in determining whether Property is to be protected as a legal nonconforming lot, its status `immediately prior to the [1971] zoning change is controlling' and hence 'the most recent instrument of record prior to the effective date of the zoning change' is determinative (Clark v. Wagoner, et.al, Page 2). In Clark, that instrument was the December, 1967 81X plan of the Plaintiff's land. In the Burke family case, that instrument would be the November, 1967 ANR Plan. The distinction in this instance again is that the ANR Plan was reviewed and endorsed by the Planning Board. The Clark Court further cited LeBlanc v. Board of Appeals of Danvers, 32 Mass.App. 760 (1992) for the holding that "...a plan endorsed by the Planning Board under c. 41 §81P as `approval not required' and depicting requisite frontage of a lot on a sufficiently designated, but as yet unconstructed way, is entitled to protection of the single lot grandfather provisions of c. 40A §6 as to subsequent increases in frontage requirements" (Clark v. Wagoner, et.al, Page 2). As in Clark, Angler's Cartway exists on the ground. The Clark Court noted that the quality of access is a separate consideration from the exempt nature of a Lot itself. It is, and Angler's Cartway has previously been determined by the Planning Board to provide "sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the 4 land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon." The Clark Court held that the Clark lot was exempt from the current requirements and was a grandfathered lot. Thus, in the Burke family case, even if the Property were not to be classified as a conforming lot, it is a grandfathered lot and is exempt from the current requirements of the Zoning By - Law for frontage, etc., including under the Dirt -Road By -Law provisions that were created in 1988 for lots with no Lot Frontage as now defined in the Zoning By -Law. Under either of the above analyses, the Board is authorized and warranted in overturning the Building Commissioner's determination that the Property is not buildable because, based on the facts and history submitted and referenced, it is buildable. For all of these reasons, the Applicants respectfully request that the Board of Appeals vote to grant this appeal and overturn the Building Commissioner's determination. Variance Analysis As a further alternative, separate from the conforming and grandfather lot analyses above, if it were to be determined that the Property requires review under the so-called Dirt Road By -Law that was enacted in 1988 (twenty years after the Property was created as a lot), the Property should qualify for approval of a de minimis dimensional variance from the then new five -acre minimum lot area requirement under that new Zoning By -Law. Under such an analysis, the Property became pre-existing nonconforming because it had just under five acres at 4.925 acres of area when the new Zoning By -Law was enacted in 1988. In an earlier email dated October 31, 2020, the Brewster Building Commissioner as zoning enforcement officer also determined that "...the Board of Appeals would have to be the first Zoning relief process to be entertained by either granting a Dimensional Variance or identify that the existing land area differential from the 5 acre requirement as de minimis, and basically meets the intent of the Zoning Bylaw." In a follow-up email on January 5, 2021, he reiterated that in his opinion the differential [on a pre-existing nonconforming lot] of only 3,267 sq. ft. (0.015%) out of 217,800 sq. ft. now required, "...is meeting the understanding of de Minimis." 5 The Board is authorized to grant variances upon a finding that owing to circumstances relating to the soil conditions, shape or topography of such land or due to circumstances relating to a structure and especially affecting such land or structure but not affecting generally the Zoning District in which it is located, a literal enforcement of the provisions of the Zoning By -Law would involve substantial hardship, financial or otherwise, to the Petitioner, 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 the Zoning By -Law. The Board has also in the past made determinations of de minimis differentials such that further relief was not required in order to proceed with the regulatory process. The Applicants respectfully submit that not only is the differential on the pre-existing nonconforming lot de minimis in this case, but also that a literal enforcement of the Zoning By -Law will result in a substantial financial and practical and equitable hardship to the family and that this harm is related to the topography of the land as created and the fact that the Property under later -enacted dimensional zoning could now not be used for any use otherwise permitted in the Zoning District. Further, the requested relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Brewster Zoning By -Law. In support of this request, the Applicants submit 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 the Zoning By -Law because: 1. When the Dirt Road By -Law came into effect in 1988, the Property was already an existing lot endorsed by the Planning Board twenty years before and therefore also a grandfathered, pre-existing nonconforming lot. The Property contains 98.5% of the lot area now required to be buildable by special permit from the Planning Board under the 1988 Zoning By -Law. The land has been in the family since 1978 and has always been intended to be developed for single-family purposes; 2. As Martin Healy and Franldin Stearns, Esqs., discuss in the Massachusetts Zoning Manual, "`[h]ardship' is not being reasonably able to use property for the purposes, or in 6 the manner, allowed by the municipal zoning requirements due to circumstances particularly affecting the property. The conditions that establish hardship are diverse" (emphasis in original) (Massachusetts Zoning Manual, Martin R. Healy, Esq. and Franklin G. Stearns, Esq., Supp. 2002, Chapter 9, Section 9.3.2, Page 9-10); 3. Allowing the Property to be developable for single-family residential purposes will not result in overcrowding with one residential use on almost five acres of land and accessed by a way that has suitable width and quality to allow physical access and installation of utilities; 4. Allowing the Property to be developable for single-family residential purposes will not create any nuisance, hazard or congestion or any harm to the neighborhood or neighboring properties; and 5. Determining that the Property is buildable for single-family residential use in a Zoning District permitting such use by right will be in harmony with the purpose and intent of the Zoning By -Law, and such use will not be detrimental or injurious to the neighborhood, the public or the Town. For all of the above reasons, if determined such relief is necessary, the Applicants respectfully request that the Board of Appeals make a finding that the land area differential is de minimis and/or that the statutory criteria for the requested relief are met and grant a variance as necessary to allow the Applicants to proceed with permitting a single-family residential use on the Property.. 7 The data shown on this site arc provided for Informational and planning purposes only. The Town and Its consultants are not responsible for the misuse or misrepresentation of the data. 0 330 660 ft Printed on 11/30/2020 at 12:24 PM Edge of Pavement CBuildings Parcels I• Town Boundary l MA Hi wa s inhterstate US Highwa Numbered Routes Abutting Towns BathV0-5o ft 5-10 ft 10-15 ft ▪ 15-20 ft =20-30 ft • 30-40 ft 40-50 ft 111. 50-60 ft Streets MapsOnline by PeopleGIS Date: To: From: CC: RE: TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 Er' 1125 FAX: (508) 896-8089 EMAIL: BUILDING@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV February 24, 2021 Andrew L. Singer, Esquire Victor Staley, Building Commissioner Ryan Bennett, Town Planner OFFICE OF BUILDING DEPARTMENT Burke Family Land, Anglers Cartway, Identified on Assessor Map 137 Lot 1 located in the Rural Residential (RR) Zoning District You have presented an analysis of the property noted above which you claim enjoys development rights either by satisfying current standards of land area and street frontage on Angler's Cartway or in the alternative this property qualifies as a pre-existing condition identified in Brewster Zoning Bylaw, Section 26-A due to a signed Approval Not Required (ANR) plan circa 1967. My primary role as the Building Commissioner for Zoning purposes is to apply Municipal Zoning Bylaws as they are written. While some of my peers will do deep research and use litigated court cases to support their findings, I find this process is quite flawed as I do not believe that I have the authority to act outside of any Municipal Zoning Bylaws unless these same Bylaws grant specific authority. I would grant you that this parcel satisfies the minimum required land area in the (RR) Zoning District pursuant to Brewster Zoning Bylaw, Table 2. What I do not recognize are the "vehicle tracks" as serving as street frontage. Thus, without tangible street frontage, I could not apply the required front yard setback from the front lot line. If the ANR recognized "vehicle tracks" as a way then the plan would have identified three (3) parcels which each parcel would have a specific frontage along the "way" which they could have the opportunity to apply the required front yard for both the 1967 and today's Brewster Zoning Bylaw language. If as you state the Planning Board has determined that this portion of Angler's Cartway is a public road it would certainly be helpful if the Planning Board could help me identify how the required front, side, and rear yard setbacks would be applied to this property. With regard to the portion of your presentation which claims this property qualifies under Brewster Zoning Bylaw, Section 26-A due to the 1994 court case I submit my earlier statement that I do not make determinations based upon former court decisions. If you are aggrieved with either or both of my determinations noted above, please know that you have the right to petition the Board of Appeals pursuant to Massachusetts General Law, Chapter 40A, Sections 8 & 15. Please note that you have 30 days from the date of this determination to initiate an appeal. Sincer ly, or E. Staley Building Commissioner Land Court Cases Reported — January 1994 MITCHELL R. CLARK vs. JANE C. WAGONER, MAX SPRINGER, GEORGE PIERCE, JANE REMY, ROBERT WILKINSON, BRUCE MacGREGOR, HERBERT F, TACH, JR. and STEPHEN ROWAN, as they are the Members of the BOARD OF APPEALS OF THE TOWN OF BREWSTER Miscellaneous Case No. 179250 January S, 1994 Robert V. Cauchon, Chief Justice ORDER GRANTING PARTIAL SUMMARY JUDGMENT rrhe plaintiff herein appeals under G.L. c. 40A § 17 a decision of the Board of Appeals for the Town of Brewster (the Board) upholding the Town Building Inspector's determination rendered August 2, 1990 that plaintiff's property (Locus) shown as Lot 67 on the Brewster Assessor's map 31 and situated on a private dirt road known as Baker's Pond Road is not buildable for residential purposes because it does not have legal frontage on a "street", as that term is used and defined in the Town's current zoning by-law. The definition of street, upon which the Town's determination ofa lot's legal frontage largely rests, was incorporated within the by-law in 1971 when the entire by-law was rewritten.) Prior to that, the Town required simply that, to be buildable, a residential lot must have at least 100 feet of frontage "on a public or private way" — the term "way" being undefined. Locus is a single lot not held in common ownership with any adjoining land and is depicted on a plan drawn by a registered architect and recorded December 7, 1967, well prior to revision of the by-law. Plaintiffcontends among other things that the new definition ofstreet—and hence the critical determination of legal frontage —represents a zoning change, that his lot conformed to the pre -1971 requirement that it have frontage " on a ...private way" and that it should therefore be afforded single lot "grandfather" protection under c. 40A §6 and prior §5a, paragraph I (the antecedent to §6) and under parallel provisions of the Town's zoning by-law. The plaintiff also contends that eight other lots along Baker's Pond road within the vicinity ofLocus have all received residential building permits from the Town's Building Inspector and/or c. 41 §81P "A.N.R." endorsements from the Planning Board, thereby indicating that that road provides legal frontage. In somewhat circular fashion the Board contends that Locus does not meet the by-law's current requirement at § 179.26A that in order to be afforded grandfather protection, a lot must have had as of May 7, 1973 at least 100 feet minimum legal frontage — determined according to the current standards for frontage. The cited provision of the by-law appears to conflict in part with the fourth paragraph of c, 40A §6 which states that, to qualify for the single lot exemption, the required fifty feet of frontage is determined at the time the relevant plan is recorded (or endorsed); and not, as argued by the Board, according to the Town's current zoning standards for frontage. The Board further contends that the definition incorporated in the 1971 zoning ordinance simply codified the working definitions and standards already applied in pre -1971 years by Town officials when determining the legal frontage of lots, and hence these definitions do not constitute a change in zoning from which Locus would be exempt. Finally, the Board contends that it lacked original jurisdiction to hear plaintiff's appeal of the Building Inspector's adverse determination because, by agreement with the Board, he withdrew this appeal without prejudice while seeking an alternate route byway of a variance from the Board coupled with a special permit from the Planning Board under the Town's so-called dirt road by-law both of which would apparently allow him to build a residential structure on Locus. The Board maintains that the appeal was withdrawn and "reinstated" two years later when the Planning Board denied the special permit request2 and, consequently it was not properly filed under c..40A §15 within 30 days after the Building inspector's initial action dated August 2, 1990. Hence, according to the Board, it lacked statutory authority to render its decision in the appeal and consequently this court lacks jurisdiction to adjudicate the merits of the plaintiff's appeal. The material and undisputed facts reveal Locus as a parcel depicted on a"Plan of Land in East Brewster" prepared December,1967 by Arthur L. Sparrow Co., Registered Land•Surveyors, and recorded December 7, 1967 as Plan No. 2601 in Plan Book 216 Page 19. Locus contains 1.2 acres +1-, approximately 490 feet of frontage along the centerline of Baker's Pond Road which is labelled on the Plan as a "travelled way". The Plan also contains the surveyor's certification under c. 41 §81X that the "lines of the...ways shown are those of...private streets or ways already established and that no 1. "Street" is defined at *179.2 of the current by-law as a way which is over twenty four feet in right:of-way width which is dedicated or devoted to public use by legal mapping or by any other lawful procedure. A "street" includes all public ways, a way which the Town Clerk certifies is maintained and used as a public way, a way shown on a plan approvedand endorsed in accordance with the rules and regulations governing subdivision of land in Brewster, Massachusetts, and a way having in the opinion of the Brewster Planning Board "sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses ofthe land abutting thereon or served thereby, and fort he installation of municipal services to serve such land and the buildings erected or to be erected thereon." The second sentence of the definition tracks the wording of c. 41 §81L, which enumerates ways sufficient to exempt lots fronting thereon from the subdivision control process. 2. The appeal from that decision of the Planning Board is pending in this court in a separately captioned action. Land Court Decisions 2 new lines for division of existing ownership or for new ways are shown." This single lot represented by Locus was first established in 1910 and predates the Town's first zoning by-law enacted in 1960 which required frontage of at least 100 feet on a public or private way and a minimum lot area of 15,000 sq. ft. The 1960 by-law contained no definition of street or way. In 1971 the by-law was revised to include the current definitions for lot frontage and streets and also increased the minimum required frontage and lot area within the plaintiff's zoning district to 150 feet and 40,000 sq. ft. respectively. The 1971 by-law also contained at Sect. IX a grandfather clause similar in all material respects to that found in c. 40A §5a as was then in effect 3 • Locus is located in the Residential Low Density (R.L.) Zoning district which currently requires 60,000 sq. ft. of area and 200 feet of frontage. The parties do not dispute that Locus is exempted from any increased area requirements. The 490 foot common boundary line between Locus and Baker's Pond Road far exceeds the dimensional requirements for actual length of frontage. What is here in dispute is the quality of that frontage and specifically whether Baker's Pond Road, because it fails to meet the current designation as a"street" , provides legal frontage of any length. The question of access to Locus lies at the core of the dispute. I deal first with the jurisdictional issue raised by the defendant. A review of the pleadings, affidavits and various memoranda reveals that a triable issue of material fact exists as to whether the plaintiff's appeal before the Board was in fact expressly -- and finally — withdrawn, then reified as a discreetly separate second appeal (and hence barred by Section fifteen's 30 day limit for initiating such appeals); or whether it was simply suspended or placed in abeyance by mutual agreement of the parties while the plaintiff awaited a decision from the Planning Board on his special permit application. The Board's motion for summary judgment that the appeal be dismissed for lack of subject matter jurisdiction therefore is denied. Even if the Board's arguments on this score are supported by evidence and the appeal dismissed, the plaintiff will be back to "square one" but because of the elapsed time may then reinitiate an identical appeal. By my calculations of time.requirements of c. 40A §§7,8,15 and 17 governing such appeals, the plaintiff will likely be back before this court with a new appeal within 6 months time or less from the date of this order. This would hardly serve a policy favoring conservation of judicial resources. It is plain that the revision of the zoning by-law in 1971 to include the definition of" street" that is reproduced supra atp. 2 fn. 1, along with related definitions for "Iot frontage" and "front lot lines", represents a substantive zoning change from which the plaintiff's lot is potentially exempt under c. 40A §6 and under the predecessor §5a. Prior to 1971, the zoning by-law required simply that to be buildable for residential purposes, a lot must have at least 100 feet of frontage "on a public way or private way". The 1971 definition ofstreet adds a threshold requirement ----not present in the pre -1971 by-law — that all roads, public or private, which are devoted to public use must have a minimum layout of twenty four feet. Furthermore, the definition of street is both exclusive and comprehensive: it embraces public and private ways as those terms were used in the previous by-law. And by its terms, the adequacy of certain private ways, such as Baker's Pond Road, is now determined by whether in the opinion of the Planning Board they have sufficient widths, grades and adequate construction to provide for vehicular access to and from the fronting lots and for installation of vital services to those lots. In determining whether Locus is to be protected as a legal nonconforming lot, its status "immediately prior to the [1971] zoning change is controlling" and hence "the most recent instrument of record prior to the effective date of the zoning change" is determinative, Adanrowicz v. Town of Ipswich, 395 Mass. 757, at 762 (1985). By agreement, that instrument is the December 1967 plan which plainly depicts some 490 feet of frontage on a private way that is labelled as an existing "travelled way". Hence on paper at least, the plaintiff's lot complied at the time of its recording with the minimum area and frontage requirements that were then in effect and thus it is to be afforded grandfather protection under c. 40A §6, former §5a, and under Sect. IX of the 1971 zoning by-law. See LeBlanc v. Board ofAppeals of Danvers, 32 Mass. App. 760 (1992), holding that a plan endorsed by the Planning Board under c. 41 §81P as "approval not required" and depicting requisite frontage of a lot on a sufficiently designated, but as yet unconstructed way, is entitled to protection of the single lot grandfather provisions of c. 40A §6 as to subsequent increases in frontage requirements. Id. at 762-63. The grandfather protections of the Zoning Enabling Act are aimed at "protecting a once valid lot from being rendered unbuildable for residential purposes" Id. at 763 quoting Sturges v. Chilmark, 380 Mass, 246, 261(1980). It is noteworthy that in LeBlanc, no actual constructed or passable way on the ground existed in front of the plaintiff's lot. Here by contrast we have on the ground in 1967 an existing travelled way of unknown condition which pre -dates the enactment of zoning in Brewster in 1960. Insofar as the 1971 zoning by-law represents an increase in frontage requirements, Locus is exempted from those requirements. The core determinations of minimum frontage and sufficiency of access such as would entitle Locus to a designation as a buildable lot under the Zoning Ordinance, are therefore to be made according to the pre -1971 zoning standards pertaining to frontage and access. As an example, of this, Locus is exempted from any possible independent requirement in the current zoning by-law that it must front on a way having at least a twenty four foot right-of-way. See Jenckes v. Building Commissioner of Brookline, 341 Mass. 162 (1960), holding confiscatory and hence invalid an amendment to the Town's Zoning By -Law that in effect prohibited erection ofa residential structure on a single lot abutting on a private way less than forty feet wide but furnishing sufficient access to a number of other lots already built on. Simply because an individual lot, as it has been depicted on a plan that is recorded (or endorsed by the Planning Board), is exempt 3. The 1971 version of the zoning by-law and the statute both state in relevant part that"[a]ny lot lawfully laid out by plan or deed duly recorded ...or ...endorsed [by the Planning Board] with the words 'approval under the subdivision control law is not required', ...which complies at the time of recording or endorsement whichever is earlier, with the minimum area, frontage, width and depth requirements of any Zoning Ordinance or Zoning ByLaw in effect ...may thereafter be built upon for residential use ...provided at the time of building it has an area of five thousand square feet or more and a frontage of fifty feet or more.,." 3 Land Court Reporter Volume 2 from increased frontage requirements under c. 40A does not lead to the inescapable conclusion ' that it also meets minimum requirements of vital access which would entitle it to a building permit. LeBlanc, supra at 763-64. In the similar context of subdivision control, the cases consistently hold that endorsement of a plan under c. 41 §81P that access is reasonably guaranteed confers no status that the lots designated on the plan also comply with minimum zoning requirements. Smalleyv. Planning Board of Harwich, 10 Mass. App. 599, at 603 and cases cited (1980); Corrigan v. Board ofAppeals, 35 Mass. App. 514 (1993). And that result does not change where the issue of access and frontage is regulated by the same Board applying the same criteria under both chapter 40A and Chapter 41. Corrigan, supra at 518. A common thread running through the cases that have addressed questions of access is the very practical concern with what actually exists on the ground --not on a plan, "-For the good of the homeowner [and] for the safety of the public, a town can insist that homes not be built on lots lacking adequate access for fire trucks and emergency vehicles" Shea v. Board ofAppeals of Lexington, 35 Mass. App. 519, 523 (1993). Or more simply put, "[a] fire truck cannot drive on a plan". Id. In Shea, the court held that a plan previously endorsed under c. 41 §8 IP showing a lot with required frontage on an extension of an existing street, but which extension did not in fact exist on the ground except as "a [steep] path, some fifteen feet in width ...with boulders and ledge outcroppings" should not necessarily be afforded a building permit as a buildable lot because of the endorsement. See also Spalke v. Board of Appeals of Plymouth, 7 Mass. App. 683 (1979) (roadway passable only to four-wheel drive vehicles not a "street" under Town's Zoning ByLaw and hence single lot located on that roadway did not have access or required frontage for zoning purposes). Id. at 689. The order granting summary judgment that, in light of the December 1967 recorded plan, Locus is exempted from current zoning requirements for frontage should not therefor be construed to mean that basic requirements pertaining to vital access are similarly exempted. See Spalke, supra, at 691 (c. 40A §5a does not exempt a lot from basic access requirements). I merely hold that the determination of minimum required frontage is to be made under provisions of the pre-i9A zoning by-law. The determination of accessibility necessary to obtain a building permit is similarly to be made pursuant to the pre -1971 zoning by-law but involves questions of material fact as to whether Baker's Pond Road in its current condition provides suitable and reasonably convenient access to and from Locus, including access for emergency and fire vehicles. See Spalke v. Board ofAppeals ofPlymouth,7 Mass. App. 683 (1979); Shea v. Board ofAppeals of Lexington, 35 Mass. App. 519 (1993). To summarize: the defendants' motion for summary judgment that the court lacks subject matter jurisdiction to hear the appeal is denied. The plaintiff's motion for summary judgment that the 1971 revision of the zoning by-law to include the currently operative definitions of street, lot frontage, and front lot lines is a substantive zoning change amounting to an increase in frontage requirements is granted. The plaintiff's motion for summary judgment that Locus, as depicted on a recorded plan dated December, 1967, complied with requirements for frontage then in effect, and is therefore exempt under c. 40A §6 from subsequent zoning changes pertaining to frontage requirements is granted. LeBlanc v. Board ofAppeals of Danvers, 32 Mass. App. 760 (1992). The plaintiff's motion for summary judgment that Locus, as depicted on the December 1967 plan, complied with then -existing requirements for frontage and consequently is entitled to a designation as a buildable lot for which a building permit must issue is denied. * * * * * WILLIAM WALDRON, LYNN WALDRON, JOHN KATE, MARY CAROL KATE, CLIFTON ALLEN, ROBERTA ALLEN, ALLEN MANLEY, NANCY MANLEY and VICTOR A. ANDERSON VS. BASIL CASTALDI, JOHN SWANSON, RODERICK CORVELLO, JR., CARLOS VENTURA and LORRI-ANN MILLER, as they are Members of the DARTMOUTH PLANNING BOARD, ROBRIK ASSOCIATES, INC. and MOOREHEAD CORPORATION Misc. Case No. 164542 January 5, 1994 Robert V. Cauchon, Chief Justice ORDER AND JUDGMENTUR GRANTING PARTIAL SUMMARY J his is an appeal under G.L., Ch. 4 §81BB from'the Second 1 Certificate of Action on the Remanded Definitive Subdivision Plan entitled "Millbrook," which approval is based upon a 40,000 square foot lot size zoning requirement. The action of the Board comes after a remand by this Court in the matter of Robrik Associates, Inc. et al. v. Planning Board of Dartmouth, February 11, 1993, Land Court Case No. 122049. The plaintiffs herein were not parties in that matter. This matter was argued by counsel, memoranda of law and various affidavits have been filed. Plaintiffs have moved for summary judgment while Defendant Moorehead has filed a cross -motion for summary judgment. Upon consideration of the foregoing, I find that as to certain issues, there are material facts in dispute, but as to at least one other, there is no dispute; therefore, Plaintiffs' Motion is in part allowed and in part denied, while Defendant's Motion is denied, all as set forth below. The above cited Land Court matter was an appeal from the denial of the Board of a subdivision plan, the Preliminary Plan of which was filed January 14, 1986, just several hours prior to a Dartmouth Town Meeting which voted to change the zoning requirement of lot size in the pertinent area from 40,000 square feet to 80,000 of fld t, flee Q0. / /addsa ,It tt t{x /trp .14.1 IIx„+lu.Vr A1, 6t1S.i)b+ 8.W11tif Y tWat-S//.tty.I/4, • IB[YlltIt ft.i/.'4tW IO.lfd (k,A/RL.., 4r se 0.d / /. 4161)..•,/ \ 4 e5 y •1+ ‘t lbt of • 143''1 .• '� -'curly; uT � �. ~ 10` ` A.- fry/0 � R PLAN OF LAND IN t 4 4y 6.t i ss ) el $U. t,t .111au ftd BREWSTE'R (EAsr), MASS. AS O./IWO BY C trARt4t4 t/.s R�015711Y 011 ATMS ACR2313 2, :11.11? t J11 RICHARD O. STAFF SCALE /fn. ....loft. SCHOF/EL D OOTORER MS? UROMERS RECISI'EHED CIVIL f//Cl//EMS 0 LARD SURVEYORS 010.I'AlIS 6` FR,t4I//ISHALf) iSIASS. 0• toll #21-06 Applicant: 2851 Main Street Holdings, Inc. Represented by Ford & Ford Attorneys at Law Nickerson House Current Land+Bldg 1,400,000 Total Renovation Cost Quote 1 Quote 2 Quote 3 Average Renov Cost Contractor Pratt Dellbrook Dupuis Cost 922,750 940,000 1,050,000 970,917 Operating Expenses Water/Sewer RET INS Mgmt Fee R/M+Fire Alarm Landscape/Snow Legal/PS Bldg Depreciation Exp Estimated Expenses Historic 18-20 Assumptions 350.00 593.00 8,006.53 13,559.00 918.00 1,555.00 1,800.00 5,000.00 5,000.00 4,000.00 20,220.00 520.00 520.00 20,872.73 18,794.53 64,119.73 Estimated Debt Service Renovation Cost Loan Value Rate Years Monthly Payments Annual Debt Payment 970,917 70% 679,642 4.50% 30 $3,443.64 41,323.73 69.4% Monthly house rental in Brewster Area 145 Bayview Street, Yarmouth 157 Daniels Island Rd, Mashpee 167 Captain Nickerson Rd, Yarmouth 46 Compass Lane, Dennis 182 South Street, Yarmouth 75 Sturbridge Dr, Barnstable Bed Bath Monthly Rent 3 1 2,400.00 3 2 3,300.00 3 2 1,400.00 3 2 2,250.00 3 2 2,600.00 3 4 3,950.00 Monthly Average per Bed Estimated Annual Rental Income M.R per Bd 800.00 1,100.00 466.67 750.00 866.67 1,316.67 883.33 2,650.00 31,800.00 PROJECTED NOI Average Monthly Rent Total Annual Rent Total Annual Operating Expense Net Operating Income Before Debt 2,650.00 31,800.00 64,119.73 (32,319.73) Ellen Murphy From: Hausser, Peter G <Peter.Hausser@sysco.com> Sent: Wednesday, March 3, 2021 4:18 PM To: brewplan Subject: Nickerson House and Barn restoration project To members of the Brewster Planning Board, I would like to extend my support to Ocean Edge Resort's interest in acquiring and using the Nickerson House and property. I have had a professional relationship with the resort for over 10 years and also have family members as residents of Brewster. During this time, I have observed how the property has been maintained with landscaping and maintenance at an exceptional level. At any time of the year, it is truly a beautiful property to look at and a 'jewel' for the Town of Brewster. The character of the Old Mansion and Carriage House has been be preserved for history's sake, but transformed for use today so many can enjoy visiting the resort and the town. I feel that the Nickerson House, which is currently in disrepair, will quickly benefit from this same level of restoration. Not only will the structures become safe and usable, the property will also receive an upgrade. I also live in a historic part of Cape Cod, but down in West Barnstable. One of the reasons people are drawn to our beautiful Cape Cod is for the history, our coast line and the beauty of these old structures. I am confident that Ocean Edge Resort will follow all of the town zoning laws as they make improvements to the property. Ocean Edge Resort provides consumer services at the highest level of resort hospitality and is an excellent steward for the lifestyle and preservation of Brewster and Cape Cod. Sincerely, Peter G. Hausser Peter G. Hausser Sales Consultant Cell 508-514-0266 Fax 877-878-0230 Customer Service 877-678-6979 Sysco Boston 781-422-2300 Please note that my email has changed: peter.hausser@sysco.com 1 508.385-3252 From: olcbrewster3252@gmail.com (,I Subject: Message from KM_364e Date: March 3, 2021 at 3:10 PM To: wkaliyadan@gmail.com Our .E,ady of the Cape Garish k stJ by Ott Missionaries of Our lady of la Salem 468 Stony Brook Road P.Q Box 1799 Brewster, MA 02631-7799 FAX 508-385.6864 March 3, 2021 Ref: Restoring the Nickerson House and Barn by Ocean Edge Resort Attn: Brewster Zoning Board of Appeals I am inspired to write this letter to support Ocean Edge Resort's proposal to restore the Nickerson House & Barn In two capacities. First, as a member and Vice Provincial of the Missionaries of la Salette who once owned and operated the property for Its Novitiate and Seminary since 1942 and then later sold to Mr. Joseph Corcoran. Second, as Pastor of Our lady of the Cape, who has ministered to numerous weddings In Brewster. Many local families and visitors have shared with me how Ocean Edge has been a haven for many out-of-town people were privileged to have wedding celebrations at the beautiful Ocean Edge Resort in Brewster. I was always proud to hear how well people were welcomed and served at Ocean Edge Resort. I understand that the Nickerson House and Barn are unique historic structures that are currently in disrepair. I believe the proposed restoration is an excellent service to the Town of Brewster, and it will simultaneously enhance the public good and local businesses. It will be an added beauty to the Historic District along Route 6A. I trust that the Ocean Edge is well aware of this precious piece of property's historic significance and will respectfully preserve and enhance the historic value of this property by restoring it diligently and by creating more space to share the spirit of hospitality with all. Respectfully, -ZA • c Rev. r. William V. Kaliyadan, MS Pastor LathamCenters Passage to a brighter firture Dear Members of the Brewster Zoning Board of Appeals, I am writing in support of the plan by Ocean Edge to restore the Nickerson House and Barn. Ocean Edge has been a community partner over the past twenty years to Latham Centers. Ocean Edge has graciously given Latham space for meetings and gatherings and has directly hosted our End -of -Year celebration for our students and their families together. Corcoran Jennison Hospitality's leadership has proven to be thoughtful stewards of the historic properties they manage in Brewster. As the Nickerson House and Barn are part of our renowned Old Kings Highway Historic District, the restoration will be a positive addition to the beauty and cultural character of route 6A. The proposed renovation will also give Ocean Edge enhanced facilities which support the local economy. I hope you will act favorably on their application. Sincerely, Anne McManus President Latham Centers, Inc. Latham Centers, Inc. 1646 Main Street (Route 6A) Brewster, MA 02631-1716 Lalh.uu(;entcrs.urg I (508) 896-5776 TTY and ASCII Users: (800) 720-3480 Latham Centers is an equal opportunity provider and employer. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 Brewplan@ brewster-ma.gov I am writing in support of the Nickerson House development project on behalf of the Club Members of Ocean Edge Resort & Golf Club. As Chairman of the Club Member Advisory Board, I represent over 750 families that enjoy the Ocean Edge Club. As a long-term member of the Ocean Edge Club, a 30 year owner of a condominium at OE, and for the past 6 years a year round resident living on Griffiths Pond Road in Brewster, I have personally witnessed and experienced how Ocean Edge Resort & Golf Club has been a positive influence on our community. Ocean Edge Resort & Golf Club has enhanced the services, amenities and facilities to benefit the community, while promoting the common benefits of all Brewster residents. Ocean Edge is also a very important year round employer for Brewster and the surrounding area. The Nickerson House project will again provide a positive enhancement to the community with the improvement of Main Street and the historic district within which it is located. The Nickerson House and Barn are unique historic structures that will only be a betterment to the streetscape by providing Ocean Edge to renovate and expand the buildings adjacent to the abutting resort. Thank you for your consideration and positive reception to this proposal. Craig A. Mance Sid Wainer & Son® Specialty Produce , =' Specialty Foods March 2, 2021 To Whom it May Concern: 2301 Purchase Street New Bedford, MA 02746 USA 508.999.6408 Fax 508.999.6795 800.423.8333 I am writing on behalf of Ocean Edge Resort to provide our support in restoring the Nickerson House and barn and improving the Old Kings Highway Streetscape. This restoration will provide benefit to Ocean Edge Resort year-round operation of the resort for local business and team members. Ocean Edge has been a beautiful, staple in Cape Cod and will continue to bring tourism and beauty to Brewster. Sincerely, Allie Wainer Regional Vice President, New England Sid Wainer & Son Handpicked from the World's Finest Farms® Ellen Murphy From: Roland Nickerson <rnicke1060@aol.com> Sent: Thursday, March 4, 2021 12:46 PM To: brewplan Subject: Nickerson House I am the previous owner of the Nickerson House and Barn I would like to see the buildings restored and preserved. Roland C. Nickerson P 0 Box 2708 Hailey, ID 83333 208-788-4545 1 Ellen Murphy From: Medeiros, Michael <Michael.Medeiros@oceanedge.com> Sent: Monday, March 1, 2021 9:26 AM To: brewplan Subject: Support of the Nickerson House project for Ocean Edge Resort & Golf Club Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 Brewplan@tbrewster-ma.gov I am writing in support of the Nickerson House development project as proposed by Ocean Edge Resort & Golf Club. I have been with the property for over 15 years and have seen firsthand the positive impact Ocean Edge has had on the community and township of Brewster. Over the past many years, Ocean Edge Resort & Golf Club has enhanced our offerings and facilities to the benefit of the community, the Club membership and our Resort Guests, all while promoting the common benefits of all Brewster residents. The Nickerson House project will again provide a positive enhancement to the community with the improvement of Main Street and the historic district within which it is located. The Nickerson House and Barn are unique historic structures that upon completion of this project will be a betterment to the streetscape of Main Street. Thank you for your consideration and positive reception to this proposal. Sincerely, Michael Michael Medeiros Club Manager — Troon Prive DISCLAIMER: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. 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The sender accepts no liability for any damage caused by any virus transmitted by this email. 1 The BREWSTER HISTORICAL SOCIETY Post Office Box 1146, Brewster Massachusetts 02631 508 896-9521 brewsterhistoricalsociety@comcast.net To: The Zoning Board of Appeals: From: The Brewster Historical Society February 12, 2021 The Brewster Historical Society was asked for a letter of support regarding the Ocean Edge Resort request for a zoning variance on the grounds of hardship. The Historical Society approves of the intent to restore/maintain the Nickerson House and barn and the connection of the two but is opposed to the rest of the additions. We feel any parking should only be enough to service the house and barn. Sincerely, The Board of Directors of the Brewster Historical Society www.brewsterhistoricalsociety.org Ellen Murphy From: rebecca smith <rebecca.smith114@comcast.net> Sent: Wednesday, February 24, 2021 1:07 PM To: brewplan Subject: Ocean Edge Use Variance We are Geoffrey and Rebecca Smith, owners of Aries East Gallery, 2805 Main St., writing in behalf of Ocean Edge regarding the application for a ZBA Use Variance. We have reviewed the plans and designs and are in favor of having the variance issued to Ocean Edge. We think the restoration and new additions would greatly enhance the appearance of the Nickerson house and have no negative affects to the surrounding neighborhood. Sincerely, Geoffrey & Rebecca Smith 1 "Cape Cod's Ecotourism Destination." March 4, 2021 To: Brewster Zoning Board of Appeals brewplan@brewster-ma.gov Re: Nickerson House & Barn at Ocean Edge Resort and Golf Club Ocean Edge has proposed to restore the Nickerson House & Barn (built around 1830) at 2851 Main Street directly adjacent to and to the west of the Ocean Edge Mansion and use the property as meeting space. They also plan to build a replica of the existing barn to the west of the Nickerson House & Barn and connect all three buildings creating a courtyard in the middle. Brewster's Old Kings Highway Historic District Committee voted unanimously to approve this proposal. The Nickerson House and Barn are unique Historic Structures, which are currently in disrepair. The cost of restoration and maintenance of these buildings results in a hardship, which is directly related to the condition of the buildings. This hardship supports the request to use the renovated and expanded buildings as accessory to the abutting resort. This renovation will create more meeting space at Ocean Edge while restoring these historical buildings. We believe this plan would drive more business to Ocean Edge including during the shoulder seasons, which would in turn drive more traffic to other businesses in Town. Thank you for your favorable consideration of Ocean Edge' request for a Use Variance for this project. Sincerely, Ms. S. Kyle Hinkle Executive Director 2198 Main Street, PO Box 1241 Brewster, MA 02631 P: 508-896-3500 F: 508-896-1386 www.Brewster-CapeCod.com #21-05 Applicant: Byfield Cartway LLC. Represented by Attorney Marian S Rose �Y��////////4. 19, 115llllllllllllltll1111\1\\\\\\\ Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov WAIVER/CONTINUANCE FORM DATE 3/04/2021 APPLICATION # ZBA #21-05 APPLICANT Byfield Cartway, LLC. I hereby request the Zoning Board of Appeals to continue the hearing of the above application until April 13, 2021 and agree to an extension of the deadlines for Zoning Board approval and all related deadlines by ninety days. I understand this waives my rights under the statutory time periods and the constructive grant sections of M.G.L. Chapter 40 A §9, §10, and §11 and the Town of Brewster Code Chapter 179. APPLICANT/AUTHORIZED AGENT APPROVED BY THE ZONING BOARD OF APPEALS: BRIAN HARRISON, CHAIR DATE Revised 12-2016 Continuance Form Page 1 of 1 #21-07 Applicant: Dale Bangma Represented by Attorney Benjamin E. Zehnder P' La Tanzi ill Spaulding & Landreth 8 Cardinal Lane 14 Center Street, Suite 4 3010 Main Street, Suite 2E Orleans Provincetown Barnstable January 14, 2021 Colette Williams, Town Clerk Brewster Town Hall 2198 Main Street Brewster, MA 02631 Benjamin E. Zehnder ext. 128 b.zehnder@latanzi.com Via hand delivery Re: Application to Zoning Board of Appeal: (1) appealing from 12/15/2020 zoning determination; and (2) for a variance / 80 Colonial Way (Assessor's Parcel ID 129-21) Dear Ms. Williams: With regard to real property at 80 Colonial Way, please find enclosed for filing with the Zoning Board of Appeals on behalf of Dale Bangma an original application: (1) appealing from a zoning determination by the Building Commissioner dated December 15, 2020; and (2) in the alternative, seeking a variance from the Brewster Zoning Bylaw, § 179-57(A)(1)(a-c) [nitrogen loading], to construct a four bedroom single family dwelling. I have enclosed 11 additional sets of the application and supporting materials, as well as payment in the amount of $300.00 for the filing fee. I will email an electronic copy of these materials to you today pursuant to the filing instructions. Thank you as always for your assistance. I remain — Enc. cc via email w/ attachments: client Linda J. Cronin Stephen Dix Victor E. Staley Very truly yours, Benjamin E. Zehnder 4ae (Beacon. Succe /969 MAILING: P.O. Box 2300, Orleans, MA 02653 T: 508.255.2133 F: 508.255.3786 www.latanzi.com 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 # (1) /) APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) Date + Time Stamped By Town Clerk NAME OF APPLICANT Dale Bangma REPRESENTATIVE Benjamin E. Zehnder PHONE NUMBER (508) 255-2133 ext. 128 MAILING ADDRESS c/o La Tanzi, Spaulding & Landreth P.O. Box 2300 Orleans, MA 02653 PROPERTYADDRESS so colonial Way CURRENT PROPERTY OWNER(S) Dale Bangma REGISTRY OF DEEDS TITLE REFERENCE BOOK 33467 PAGE 169 CERT. OF TITLE # N/A PLAN # Lot 60 on BCRD Plan Book 177, Page 95 TOWN MAP # 129 LOT #21 LAND COURT # N/A OR ZONING DISTRICT RM YEAR BUILT N/A STATEMENT OF PROJECT not conforming under Bylaw s. 57 Performance Standards, ss. A(1)(a-c) regarding nitrogen loading; and (2) in the -alternative seeks a variance from the referenced s. 57(A)(1)(a-c), to build a four bedroom single family dwelling structure. //A' / 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 proposed house STREET ADDRESS 80 Colonial Way MAP # 129 LOT #21 ZONING DISTRICT RM YEAR BUILT N/A Please see Building Commissioner's December 15, 2020 letter and project narrative. Proposed house and septic system are non- conforming as to having four bedrooms, under Bylaws s. 57 Performance Standards, A(1)(a-c) regarding nitrogen loading. 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 • Reauired is the applicable setback required currently in the Brewster zoning bylaw • Pronosect is the setback being requested FRONTAGE: EXISTING 297.99' LOT SIZE: 18,190 sq. ft. REQUIRED 150' LOT COVERAGE EXISTING % o PROPOSED % 13.30 ALLOWED % 25 SIZE OF PARCEL 18,190 sq. ft. BUILDABLE UPLAND 18,190 sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE 2,420 sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft. BUILDING HEIGHT: EXISTING N/A PROPOSED 22'-6" SPECIAL PERMITS: ❑ APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. 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: M 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 M 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 Please see attached project narrative. o APPEAL IN ACCORDANCE WITH M.G.L. 40 A, § 8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. Please see attached project narrative. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page3of4 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 M Professionally engineered site plan M Assessor's map showing the applicant's lot M Building plans, including floor layout, elevations and dimensions M Decision letter from the zoning agent, if applicable PI $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 Project Narrative 80 Colonial Way Assessor's Parcel ID 129-21 Dale Bangma January 14, 2021 Prepared by B. Zehnder /La Tanzi, Spaulding & Landreth Applicant Dale Bangma owns the vacant land at 80 Colonial Way, Assessor's Parcel ID 129-21, in the Residential Medium zoning district and the District of Critical Planning Concern overlay district. Locus was created in 1963 by a Planning Board approved subdivision plan. The property has 18,182 sq. ft. of lot area and is pre-existing and non -conforming under current zoning as to minimum lot size. The lot has 297.99' of frontage along Wayside Drive and Colonial Way and is conforming as to frontage. The applicant originally submitted building plans and applied for a building permit for a proposed four bedroom single family dwelling meeting all dimensional requirements in the zoning and overlay districts. The permit was initially issued (building permit #20-825), however, the Building Commissioner subsequently raised the issue with the applicant and his septic engineer as to whether the proposed four bedroom design would meet the § 179-57 (A)(1)(a-c) nitrogen loading standards ("Performance Standards") (requiring that "new, altered or expanded uses" in Zone I, Zone II, or the DCPC not exceed a nitrogen concentration of 5 parts per million). The applicant's engineer determined, based upon her experience, that a standard septic system for four bedrooms could not be engineered to meet the Performance Standards' 5 ppm cap, and the Building Commissioner then issued his December 15, 2020 zoning determination revoking building permit #20-825 due to the noted conflict with the Performance Standards. The applicant now: (a) appeals from the Building Commissioner's zoning determination pursuant to M.G.L. c. 40A, §§ 8, 15, seeking to have that determination amended or overturned; or, in the alternative, (b) requests a variance from the terms of § 179-57(A), pursuant to M.G.L. c. 40A, § 10 and Zoning Bylaws § 179-52. Please note that the applicant revised his design to reduce the bedroom count from four to three bedrooms, with a newly engineered proposed MicroFAST septic system meeting the Performance Standards (resulting in a conforming 4.43 ppm recharged nitrogen concentration). The revised three bedroom design plans were submitted to and approved by the Building Commissioner, and the applicant intends to build the permitted three bedroom design if the above -requested relief is not granted. However, the applicant would preferentially build the original, four bedroom design, which is why he has filed the instant appeal and request for a variance. In order to keep the two designs clearly separate, in the context of this filing, the included plans all have either a "Three Bedroom Design" or "Four Bedroom Design" handwritten notation. 1 Appeal from Zoning Determination: The applicant appeals from the Building Commissioner's determination on two grounds: (1) that there is no connection between the purposes of the DCPC and the area of locus, because the property is outside of the Zone II resource the DCPC is intended to protect, and (2) because the enforcement of the Performance Standards as to the applicant's project is arbitrary, where no other projects in the DCPC have been required to meet those standards. The District of Critical Planning Concern at issue is the Brewster Water Protection District, and was designated by Barnstable County Ordinance 08-08, pursuant to the Cape Cod Commission Act. A copy of that ordinance is included with this application. Summarizing the purposes of the DCPC designation, it was made to protect the groundwater and surface water quality of the wellheads serving the Towns of Brewster, Dennis, Harwich, and Orleans, as well as the Pleasant Bay Watershed. To accomplish this purpose, the DCPC exactly corresponds to the two Zone II areas in Brewster (compare `Exhibit A' of Ordinance 08-08 to herewith filed marked up MapsOnline map of Brewster, with Zone II's shaded), with the exception of the triangular area of Brewster adjacent to Harwich and Orleans where locus is situated. As can be seen by comparing the two included maps, although locus is in an area outside of any Zone II, the DCPC nevertheless includes it. There is no rational reason for this inclusion, or for subjecting locus to the Performance Standards, because it is not in any wellhead protection zone. As such, there is no benefit from subjecting the applicant's proposal to those bylaw requirements. See also detail MapsOnline map showing relative location of locus and shaded Zone II, and detail of MassGIS OLIVER map showing Zone II, locus, and the Pleasant Bay ACEC to the east. Secondly, to the best of the applicant's knowledge, prior otherwise conforming residential building projects seeking building permits after the 2008 adoption of the Performance Standards have not been reviewed under or subject to them. Although the applicant has only done a cursory review of Assessing field cards, there is, for example, a nearby four bedroom house in the DCPC, which appears to have a fertilized lawn and an in -ground pool, on a 15,234 sq. ft. lot, which received a building permit and was built in 2014 (see field card for 26 Pleasant Court filed herewith). Upon information and belief, the Performance Standards have not been applied from the time of adoption until this year. As such, the enforcement of them as to the current applicant is arbitrary and capricious, and the zoning determination should be overturned. Request for Variance from Bylaws § 179-57 (A)(1)(a-c): In the alternative, the applicant seeks a variance from the Performance Standards, pursuant to M.G.L. c. 40A § 10 and Bylaws § 179-52 to construct a non -conforming four bedroom single family residential dwelling structure. The applicant responds to the variance granting criteria as follows: 2 (1) A literal enforcement of the provisions of this chapter would involve a substantial hardship, financial or otherwise, to the petitioner or applicant: Under a literal enforcement of the Performance Standards, it is not possible to design a septic system sufficient for a four bedroom dwelling on an otherwise lawful 18,182 sq. ft. lot, even using innovative or alternative treatment systems. The applicant purchased locus understanding that the lot was protected, for single- or two-family residential use, from minimum lot size zoning increases adopted subsequent to the creation of the lot in 1963, and accordingly purchased the property and designed a conforming four bedroom house. However, due to the Performance Standards, the applicant has had to revise his intended design to reduce the number of bedrooms and to remove a fertilized lawn. These changes will result in a less useable and desirable house and grounds for purchasers, and consequently reduce the market value of the improved property compared to the intended original design. These differences in usability, desirability, and potential market value will represent substantial hardships, both financial and otherwise, to the applicant. (2) The hardship is 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: The applicant's hardship is due to the small size of the lot, the fact that it was not developed until now, and its location within a 1960s era subdivision in the DCPC — but outside of the same Zone II which the Performance Standards were enacted to protect. These circumstances affect locus in particular, but do not affect the RM zoning district generally. (3) Desirable relief may be granted: (a) without substantial detriment to the public good; (b) without nullifying or substantially derogating from the intent or purpose of this chapter: The applicant submits that desirable relief may be granted without detriment to the public good and without nullifying or derogating from the purpose of the Performance Standards. As.described above, the triangular area of land in Brewster where locus is situated is in fact outside of any Zone II. Therefore, although the DCPC includes this triangular area of land, there is no rational reason for doing so, especially where the Zone II regions and the DCPC area overlap exactly throughout the remainder of the town. As such, there is no likelihood that allowing the applicant's original four bedroom design will increase nitrogen levels in the area drinking water, and the purposes of the bylaws will in no manner be affected or harmed. —END- -3- TOWN Of BREWSTER 2198 MAIN STREET BREWSTER, MA02631 PHONE: (508) 896-3701 Err 1125 FAX: (508) 896-8089 EMAIL: BUILDING@BREWSTER-MA.GOV WWW.BREWSTER•MA.GOV December 15, 2020 OFFICE OF BUILDING DEPARTMENT Dale Bangma 575 Hazel Street Uxbridge, MA 01569 Re: 80 Colonial Way, Identified on Assessor Map 129 Lot 21 located in both the Residential Medium Density (FM) Zoning District and the District of Critical Planning Concern (DCPC) Overlay Dear Mr. Bangma, Please be aware that your property noted above Is regulated by the Brewster Zoning Bylaw and specifically Tables 1, 2, and 3 and the zoning overlay districts noted above. A plan review of your building permit application revealed that your proposed house design and -location on the property indicated that all items listed in Tables .1, 2, and 3 have been satisfied. The one area that appears to be in conflict with regards to Brewster Zoning Bylaw, Section 57, Performance Standards, Subsection A(1)(a-c) regarding nitrogen loading for this property. If your septic design for four bedrooms cannot satisfy the above -noted nitrogen loading design parameters, then I must revoke building permit #20-825. You may submit a revised site, septic, and building plan confirming compliance with the Zoning Bylaw noted above to maintain the validation of the building permit noted above. If you are aggrieved with this decision, you have the right to petition the Board of Appeals for a Variance to vary from the technical terms of Zoning Bylaw, Section 52 or in the alternative pursuant to Massachusetts General. Law Chapter 40A, Sections 8 & 15 to have my decision amended or overturned. Please be aware that you have 30 days from the date of this letter to initiate an MGL Chapter 40A, Sections 8 & 15 appeal. Since] ely, Victor E. Staley Building Commissioner cc: Board of Appeals Health Department VS/sp 'Medea seem an MS elm ere prwWedfor mlormsdmsl and 'Jennies Femmes only. The Town Milts oatsatarm me not responses* Ice age misuse se mrropn,ae,donofSs data. 0 eon 400 ft Printed on 12/15/2020 at 01:49 PM HARWICH 26 } Edge of Pavement Buildings Parcels tro NHSEP Estimated Habitat NHESP Primary Habitat T , Boundary MA Highways fntersrate US Highway Numbered Routes Abutting Towns ldam 0-5111 5-10 ft 10-15 ■! 15-20 ft 20-30 ft MO 30-0011 X40-50 ft M50-60 ft Streets MapsOnline by PeopleGIS Key: 8682 Town of BREWSTER - Fiscal Year 2021 L E G' A L L A N D E T A C H E B U L D N G CURRENT OWNER LAMY RICHARD B & SMOLLEY PATRICIA ZINZARELLA MARIANNE 2005 MONTROSE LANE WILMINGTON, NC 28405 CD T AC/SF/UN I Nbhd I St Ind 100 S 18,190 13 1.00 TOTAL Nbhd St Ind Infl 18,190 SF NBHD 13 AVERAGE AVERAGE I QUAL J COND 1 A 1.00 ZONING N 0 T Ina A 1.00 PARCEL ID 1 129-21-0 TRANSFER HISTORY LAMY RICHARD B & SMOLLEY LAMY ALFRED A & BARBARA J LAMY PATRICIA J ADJ BASE I SAF T000 153,755 2.39 VB 1.00 LOCATION 80 COLONIAL WAY DOS 12/09/2013 10/20/2006 10/10/1974 F 127869-175 F 1 21447-294 XX 5,000 2107-008 T SALE PRICE BK-PG (Cert) Lpi 1 VC R04 1.15 FY19 Correct Parcel ID from 130-21 to 129-21 DIM/NOTE -YB-I UNITS ADJ PRICE BUILDING I CD' ADJ DESC MODEL STYLE QUALITY FRAME YEAR BLT NET AREA $NLA(RCN) SIZE ADJ DETAIL ADJ OVERALL CAPACITY { UNITS ADJ RCNLD MEASURE UST REVIEW ELEMENT CREDIT AMT 1 ADJ VALUE 153,670 ASSESSED I CURRENT 1 PREVIOUS LAND BUILDING DETACHED OTHER TOTAL 153.700 0 0 0 153.700 153.700 0 0 0 153.700 PHOTO BLDG COMMENTS CD I DESCRIPTION I ADJ 9/24/2020 1:33 pm SEQ #: 8,912 CLASS CLASS% DESCRIPTION BN ID l BN 1 CARD 1300 100 DEV LAND of PMT NO y PMT DT TY I DESC 1 AMOUNT INSP 1 BY 1st I % TOTAL RCN CONDIT ION ELEM CD EFF,YR/AGE COND FUNC ECON DEPR RCNLD MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 11-13-2020 @ 01:35pm Ctl#: 1194 Doc#: 63728 Fee: $432.63 Cons: $126,500.00 QUITCLAIM DEED Bk 33467 Pg169 #63728 11-13-2020 @ 01:35p BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 11-13-2020 @ 01:35pm Ctl#: 1194 Doc#: 63728 Fee: $387,09 Cons: $126,500.00 RICHARD B. LAMY and PATRICIA 3. SMOLLEY, a/k/a Patricia A. Smalley and MARIANNE ZINZARELLA, as tenants in common, having a mailing address of 2005 Montrose Lane, Wilmington, NC 28405 in consideration of ONE HUNDRED TWENTY SIX THOUSAND FIVE HUNDRED and 00/100 ($126,500.00) DOLLARS PAID GRANTS TO: DALE BANGMA, Individually, having a mailing address of 575 Hazel Street, Uxbridge, MA 01569 with QUITCLAIM COVENANTS the vacant parcel of land, situated in Brewster, Barnstable County, Massachusetts, more particularly described as follows: LOT 60 PLAN BOOK 177, PAGE 95 Together with the right in common with others entitled thereto to use the ways as shown on plan for all purposes for which public ways are now used or hereinafter may be used in the Towns of Brewster and Harwich. We, Richard B. Lamy, Patricia A. Smalley and Marianne Zinzarella, do hereby certify that the above described premises is not Homestead property and is not the principal residence of any person. For Grantors' title, Deed duly recorded with the Barnstable County Registry of Deeds in Book 27869, Page 175. Property Address: 80 Colonial Way, Brewster, Massachusetts Bk 33467 Pg170 #63728 Executed as 9 sealed instrument under the pains and penalties of perjury this - D day of Ocib-P , 2020. STATE OF 00f* (xffi f'd1 WtA n( , ss. (County) On this -3b day of ND1a{i , 2020, before me, the undersigned notary public, personally appeared, Richard B. Lamy, proved to me through satisfactory evidence of identification, which was NC" (J L , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it freely and voluntarily for its stated purpose and who swore or affirmed to me that the Homestead certification set forth herein is truthful and accurate to the best of his knowledge and belief. ASHLEY RICKETTS Notary Public New Hanover Co., North Carolina My Commission Expires May 2, 2024 otary Public: My Commission Expires: 5/ 0J Bk 33467 Pg171 #63728 Executed as a sealed instrument under the pains and penalties of perjury this / day of (7L'-{7?be, r , 2020. Egal woo4 (County) On this 4-0.9' day of 0C-,636 , 2020, before me, the undersigned notary public, personally appeared, Marianne Zinz lla, proved o me/ 'ough satisfactory evidence of identification, which was fig `t.4' to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it freely and voluntarily for ' . stated purpose and who swore or affirmed to me that the Homestead certification . et > i t t! a ein is truthful and accurate to the best of her knowledge and belief. STATE OF , ss. Copt -t-,-,(44 Notary Public: My Commission Expires: MARLENE SHIM Notary Public Connecticut My Commission Expires Apr 30, 2024 Bk 33467 Pg172 #63728 Execrated as a sealed instrument under the pains and penalties of perjury this 31 day of liei , 2020. PATRICIA J. S OLLEY 144-11-r STATE OF rk.06„....f.slao, ,SS. (County) On this day of OC;o L t , 2020, before me, the undersigned notary public, personally appeared, Patricia J. SwQlley, proved to me through satisfactory evidence of identification, which was L uit I <Cevi,sL , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it freely and voluntarily for its stated purpose and who swore or affirmed to me that the Homestead certification set forth herein is truthful and accurate to the best of her knowledge and belief. 4h{4'4;2''1 CARISSA WILLIAMSON i :NOTARY.) , My Identification # 783432 1o? oExpires November 29, 2022 Notary )rublic: My Commission Expires: ///;.c 4•2 - JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY 96-X14, 4bl44.0%- ""'kd pa 14 .r w✓✓r. v+ w r>.v .P*I strew' H.7/.11d'6 H/ dIalS.ftads , .?96'77/A' -'S7 20,99 LWA' *WA/ r vois> wroenr RY r 1.04 OWAA.Ar p.m" .e .. .re . e agqiel7ifyr N. • '' '6Y• •• rareerar erre ...our ewe 1 5.1 ,1.41 .raberae ere, WAY., wr ens. rave., " F.., everar iwy nm.«w7.✓ ✓ ✓ NN ^...n...� no. .r.wv tAii �..Xw.. ..w , ., ...... . ... r. +ri mum . moreenne AM" AV/. w rm rrw✓ on.* ✓ I~ we rw ..w nvw.,. ,,w.. ..v.w ,wl 3•'- Y . rr„rr r » • 1 NI ti , el' �, /,, e0 1040 �` 1 G . 150 t i i s li fi 4 a 7 -.J 62157 Zfi'•O _�4'•D" Moo 3'•lB Fe.71 eP i•O.• taus sa. 6•'." •Q DIKE JOIST OR BLOCK BELOW ,ALL PARTITIONS f N _361n5 SGws ftooPr•, 1'o. 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FLOOR PLAN RorL 00,Cir}Y/AN_giyWt sB'•2.,•l.. ratio". -Q• r. 3/U1 •n:FJwtha.HS Mar. D.Q..A.&Jrp..ne,YM STEPHEN DIX - DRAWING & DESIGN P.O. BOX 982 - DOUGLAS, MA 01516-0982 508-476.3938 /GiLb. yatd 4 I1!1112020 STRICT, ONLY ENGINEERED LUMBER BY I. mORALES, P.E. Mac 8I26�2o Scale: '42:1.4=0 - Down tip Clocked By: CuFP Approved By: pa ?RIOR GORY5R ..v0 i Y'TN65GTIM01WL.57U,,"5 M! KITCHEN • W...e l..e., Yr. Ise. 'taunt. p r' IL.. f IL 6 do•MbYR.me, 6.V.A O. Ve.u. Fii bg t.nun..e h. recceR70e.4-ter T,.d Lr.+irna irL.. aVi; m — Cy' .. 10 �0 IO'•u� (/. Aerne Fee.o OM Met w.. re ib.ai.e C.,u.. Iaretryv dG u+'1L Mr Me Dinner', F,r.'e. Cve.e+a.., I MMrt+wi� • Atey�C w...rmn.d.....e. Tye . �:,.is�a. x .r,sa., . .... 7.... .a• , •• •.hi}i4 „,,,,,.....„..„,„. 1X .=YV.ti �e1.•. c -e M She. Ceti + —. BCI j'•. 8'; Ponces • _• I.n. Js w.._Ie,.e IV'•d' a4'•o — BcDRQ•!;.7Z Ho ryE O ,ice r y—ZGnsr. IFn hr Inns. ON.. tide Ne. elOb • mut FAST FLOOR PLaIN ' ;R.Y.au:glNhti 0.:0Yb r.,,O•-e' abet. W/ISlte: .P"bLir Crc.t Nod fi C..:.. Seeme•...•Nw Art 5,o, q. b.t +r.e ROM,: Orret. STEPHEN DIX - DRAWING & DESIGN P.O: BOX 982 - DOUGLAS, MA 01516.0982 508-476.3938 Dick: BJE4f;o Seek: y.:=t'D` Drawn By: Lus.. Checked By: Appbov.d ey: EMER10R CORNER M'OINTERS{ T NO 541.1. STUD: M! • -iiaor" }'C;1/�., /Z- ly -2omv • 3 13E10 -4W )OEs( nl NITROGEN LOADING CALCULATIONS STEe (DESCRIPTION ! EQUATION _ RESULTS 3 11 'Total Land Area i 1000 5F I 18.18 12 !Sewage Flow !as defined in 3 I 0 CMR 15.0001 330.00 13a 3Nltroilen Load/restaurant sewage !Step 2/8.89 ! N/A 1312 (Nitrogen Load/other sewage ;Step 2/1 6.00 x (19/35) ! I I .20 14 !Fertilized Lawn 4 Garden Area 1 1000 5F I 0.00 IS !Nitrogen Load from fertilizer _ Step 4 x1 .80 I _ 0.00 16 !Pavement Area _ 1 1000 SF I 0,7 I 17 _ !Nitrogen Load_fro_mpavement _ !Step 6/3.21 _ _ ! _ 0.22 18 'Roof Area ! 1000 5F ! 2.30 19 !Nitrogen Load from roof area !Step 8/6.4 I ! 0.36 10 !Natural Area !Step I -(Steps 4+6+8) ! 15. 17 1 1 !Nitrogen Load from natural area 15tepl 0/2 14 ! 0.07 11 2 !Total Nitrogen Load __ lste_p_3+5+7+9+ I I„ _ _ I __ _ I I .85 1 1 3 !Recharge from Sewage !Step 2/438.0 _ T _1 _ 0.08_ 1 14 'Total Impervious Area _ _ !Step 6+8 _ _ rt _ _ 1 3.01 115 ViRecharge from imperviousa area !Step 14/40.10 1 0.08 116 !Total Pervious Area .Step 4+ 10 i 15.17 1 1 7 IRecharge from pervious area 'Step 16/89, 10 18 !Total Recharge 'Step 13+15+ 17 119 !Recharged Nitrogen Concentration (ppm) [(Step 12/step 18)/8.34 0.17 0.32 Prepared for: Dale Bangma 80 Colonial Way, Brewster, MA 0263 I Nitrogen Loading Calculations 80 Colonial Way, Brewster, MA CSN ENGINEERING P.O. Box 201 Brewster, MA 02631 Phone: (508)896-1783 BARNSTABLE COUNTY In the Year Two Thousand and Eight Ordinance 08-08 To establish a District of Critical Planning Concern pursuant to the Cape Cod Commission Act in the Town of Brewster, Massachusetts. Barnstable County hereby ordains: SECTION 1.0 Source Of Authority And General Purposes As authorized by Section 10 of the Cape Cod Commission Act, the Barnstable County Assembly of Delegates hereby designates the Brewster Water Protection District, as hereinafter described, a District of Critical Planning Concern ("District" or "DCPC"). The purposes of this District shall be the protection of Wellhead Protection Areas to the town of Brewster's four public water supply wells; the protection of the portions of the Wellhead Protection Areas from Harwich, Orleans, and Dennis that are located within the town of Brewster; the protection of the town's major public investment in its water supply infrastructure; the protection of the water quality of Pleasant Bay; and to manage growth in a manner that is compatible with the resource protection goals of the District. SECTION 2.0 Effective Date The Ordinance shall take effect upon the effective date of this ordinance or upon recording of this Ordinance at the Barnstable County Registry of Deeds, whichever occurs later. SECTION 3.0 Written Description Of The Area The area nominated for District designation is as follows: The proposed boundary of the District is delineated as the boundary of the Zone II -Wellhead Protection Areas in the Town of Brewster as well as the boundary of the Pleasant Bay Watershed that lies within the Town of Brewster. The areas cumulatively consist of approximately 6,538 acres of land area in Brewster. The exact boundaries are shown on the map attached to this Ordinance as Exhibit A that is incorporated by reference. The proposed district encompasses two distinct, non-contiguous areas in Brewster: the south- western most portion lies on the town's boundary with Dennis and Harwich; the south-eastern most portion lies on the town's boundary with Orleans and Harwich. The majority of the land throughout the proposed DCPC is zoned Residential -Rural and Residential -Low Density. Approximately 200 acres of the south-eastern portion is zoned Industrial, and both portions are subject to the town's Ground Water Protection District Overlay Bylaw, consistent with Massachusetts Department of Environmental Protection statutes and regulations related to activities within Zones of Contribution to Drinking Water Wells. BARNSTABLE COUNTY ASSEMBLY OF DELEGATES Ordinance 08-08: Brewster DCPC July 2, 2008 Page 2 of 7 Included within the overall district are approximately 1,829 acres of land owned by the Commonwealth of Massachusetts (1,780 acres in Nickerson State Park), approximately 126 acres of land owned by the Brewster Conservation Trust, and approximately 2,035 acres of land owned by the Town of Brewster (including approximately 779 acres in the Punkhorn Parklands and 444 acres owned by the Brewster Water Department). SECTION 4.0 Type Of District/Reasons For Designation The proposed Brewster Water Protection District as described above qualifies under Section 10(a) of the Cape Cod Commission Act for designation as a District due to the following factors: a) The presence of significant natural, coastal and economic resources, the presence of and the establishment of an area of public investment, as well as values of regional and statewide significance as described below. As the Town of Brewster identified, this area is designated as the following: 1. Water Resources District 2. Major Public Investment District SECTION 4.1 Reasons For The District's Designation The area is of critical concern to the region because it includes the wellhead protection areas for drinking water wells in Brewster, Dennis, Harwich and Orleans, and all land in the Pleasant Bay watershed located within the town of Brewster. The provision of a sustainable supply of high quality drinking water and protecting the ecological integrity of our surface waters is a fundamental goal of the Barnstable County Regional Policy Plan and the Cape Cod Commission Act. Controlling development and redevelopment within the proposed District is important for the protection of groundwater and surface water quality, and the protection of Brewster's water supply infrastructure. There are planning, regulatory, and best management tools available that are likely to be effective in protecting or otherwise meeting the objectives of the District. Current regulatory mechanisms are not in place to control growth, development, and land uses in a manner that would protect the resources of concern within the proposed District. Pre-existing non -conforming uses and uncontrolled activities in the District have not been adequately monitored, potentially threatening water quality and safety of drinking water supplies. Specifically, existing regulatory structures and regulations do not adequately address the town's concerns over the following: 1) numerous fires, incidents of illegal dumping, storage and burying of unknown materials, and breaches of groundwater that are relatively frequent occurrences and pose significant hazards and threats; 2) negative impacts to water quality potentially associated with agricultural uses; 3) the potential for future subdivision and development of un-fragmented land; 4) erosion resulting from the excavation and clearing of larger tracts of forested land causing damage to wetlands and wildlife habitat; 5) management of animal wastes from livestock; 6) the lack of control over the application of fertilizers, herbicides, fungicides and/or pesticides; and 7) nitrogen loading from existing and future development within the Pleasant Bay watershed that has and will BARNSTABLE COUNTY ASSEMBLY 01? DELEGATES Ordinance 08.08: Brewster DCPC July 2, 2008 Page 3 of 7 continue to exceed acceptable water quality limits and has created impaired ecological conditions in the Bay. The Monomoy Lens of the Cape Cod Sole Source Aquifer provides drinking water to the population of the Lower Cape and contributes to fresh and marine water resources of the Cape. Groundwater of the Monomoy lens is particularly vulnerable to a variety of land uses and activities that can release harmful compounds into the aquifer resulting in impairment to drinking water quality and marine water quality resources of the District, • The potential for uncontrolled or inappropriate development exists within the District and has occurred because of limits in the existing town regulatory structure and existing regulations. There is a need for additional land use planning, management and enforcement mechanisms/tools to ensure that the resources of this district will be better protected. Development and redevelopment need to proceed in a more controlled manner; management plans need to be developed and implemented for existing land uses and agricultural uses to reduce and control impacts to drinking and coastal water quality. Set forth below are the reasons why the area is of critical concern to the region, the problems associated with uncontrolled or inappropriate development, and the advantages to be gained by the development of the area in a controlled manner. SECTION 4.1.1 Groundwater/Drinking Water Of the 6,538 acres included within the DCPC nomination area, approximately 5,544 acres are within the existing Groundwater Protection Districts for public supply wells, with 2,173 acres in west Brewster and 3,371 acres in east Brewster. The Groundwater Protection Districts are based on areas designated as Zone 'Is by the Massachusetts Department of Environmental Protection, and are also mapped as Wellhead Protection Areas in the Barnstable• County Regional Policy Plan. These areas are contributing areas (CAs) or watersheds to the public water supply wells and are defined as the land areas on which rainfall enters the groundwater system and flows or is mechanically drawn towards a public supply well or group of wells. Each CA includes the wellhead protection land area of at least one municipal supply well. The CAs within the DCPC boundaries include CAs to wells within Brewster, and CAs to wells within Orleans, Harwich, and Dennis located in Brewster. • The four Brewster public drinking water wells within the DCPC boundaries provide drinking water to approximately ninety-five (95) percent of the Town. The remaining five percent of the town, located primarily in the western sector of Brewster, obtains drinking water from private wells on each individual lot. There are also a number of small public water supplies serving areas in Nickerson State Park (5 wells) and in the area of Slough Pond (2 wells). A substantial portion of the western Brewster Zone 1I is undeveloped, consisting of Water Department lands, the Punkhorn Parklands and the Slough Road Woodlands Conservation Areas; the developed portions generally having 1-2 acre or larger lot sizes. The east Brewster Zone II encompasses a large portion of Roland C. Nickerson State Park, plus Water Department lands, and the Bakers Pond Conservation Area. This area also encompasses the largely undeveloped Clayhole BARNSTABLE COUNTY ASSEMBLY OF DELEGATES Ordinance 08.08: Brewster DCPC July 2, 2008 Page 4 of 7 Road area and the densely developed Millstone Road/ Route 137/Freeman's Way area that tends to have smaller (1/4-1/2 acre) lot sizes. Brewster's east and west wellfields also overlap with contributing areas to supply wells in the Towns of Dennis, Harwich, and Orleans. There are approximately 5,871 acres, or approximately 1/3 of the land in Brewster, of land in Brewster that provide wellhead protection/recharge area for its neighboring towns. It is critical that Brewster remains vigilant when it comes to protecting all recharge areas for this shared resource. None of the five towns sharing the Monomoy Lens has all of the recharge areas for all of their wells within their own town boundaries. SECTION 4.1.2 Pleasant Bay Watershed Management Brewster's portion of the Pleasant Bay Watershed, consisting of 3,308 acres, is included within the proposed DCPC. This watershed was delineated as part of the Massachusetts Estuaries Project (MEP) to develop nitrogen thresholds for estuaries in southeastern Massachusetts. The nitrogen thresholds for Pleasant Bay developed by the MEP have been adopted as Total Maximum Daily Loads (TMDLs) by the Massachusetts Department of Environmental Protection and have been approved by the United States Environmental Protection Agency under the federal Clean Water Act. The Pleasant Bay MEP report indicates that the nitrogen thresholds for the Bay are exceeded by existing development within its watershed. Meeting these thresholds will require development of creative nitrogen management strategies by each of the towns in the watershed both on an individual basis, as well as a cumulative regional basis. These strategies will have to address both existing and future development and all of the various nitrogen sources, such as wastewater, stormwater runoff, and fertilizer applications. Since each of these sources will require different methods, these methods will have to be integrated to meet the thresholds. Key activities for achieving this integration will be the development of town -focused Comprehensive Wastewater Management Plans that are coordinated with neighboring towns. SECTION 4.1.3 Major Public Investment Protection Brewster has invested millions of dollars in the development and protection of the public drinking water supply wells within the proposed DCPC. The expected revision of the regulatory structure will reinforce the existing protective efforts and ensure that these investments are protected in the long term. The Brewster water system was established by a Special Town Meeting vote on November 9th, 1970. The vote approved a bond issue of $3,220,000 for the establishment of a public water system. Since that time the Water Department has kept pace with water demands and major infrastructure improvements. Brewster has four groundwater wells pumping water from the Monomoy Lens, one of the six groundwater lenses that make up the Cape Cod Sole Source Aquifer. Each of the wells has large tracts of undeveloped land surrounding them for water quality protection. The two original wells, BARNSTABLE COUNTY ASSEMBLY OF DELEGATES Ordinance 08.08: Brewster DCPC July 2, 2008 Page 5 of 7 #1 and #2, south of Freeman's Way and near Route 6, respectively, were constructed in 1971 and are approximately 76 feet deep. Well #3, built in 1986, is north of Freeman's Way near Route 6 and is 90 feet deep. Well #4, built in 1991, is at the north edge of the Punkhorn Parklands, near Run Hill Road and is 101 feet deep. In 2005, the Brewster Water Department pumped over 473 millions gallons of water (or approximately 1.3 million gallons per day) from these four wells. The Monomoy Lens Capacity report indicates these wells have a capacity of 3.89 MGD for 16 hours and that Brewster's water demand will increase by 34% in the year 2020. The Massachusetts' Source Water Assessment and Protection (SWAP) Report indicates that Brewster's drinking water wells are located in an aquifer with a high vulnerability to contamination due to the absence of hydrogeologic barriers (i.e., clay) that can prevent contaminant migration. The SWAP report recommends pollution prevention strategies for residential land uses, household hazardous materials, heating oil storage, and stormwater, The SWAP also identifies transportation corridors that run through the contributing areas and recommends pollution prevention strategies to minimize the impacts of oils spills and provide better response mechanisms. The SWAP ranks the following uses as high and medium threats to water quality: fertilizer use, pesticide storage, boat yards, golf courses, sand and gravel mining washing, industrial uses, fuel oil storage, lawn care, septic systems, clandestine dumping, landfills and transportation corridors. It is also clear that meeting the Pleasant Bay TMDLs is likely to require significant public wastewater infrastructure investment. Development of appropriate management and regulatory tools for development in the proposed District will help to minimize the Town's future water and wastewater infrastructure expenditures. SECTION 5.0 Suggested Guidelines For Development The following guidelines shall serve as the basis for future establishment of implementing regulations to be adopted by the Town pursuant to Section 11 of the Cape Cod Commission Act to control development with the Brewster Water Protection District. SECTION 5.1 Introduction And General Guidelines The town of Brewster and stakeholders shall develop and review Implementing Regulations consistent with the Guidelines described herein. Implementing Regulations for the District may take the form of zoning ordinances, general bylaws, regulations, best management initiatives, or other means identified by the Town, which help to achieve the goals and interests of the District. Commission staff will assist the town of Brewster in drafting appropriate regulations. The town of Brewster shall propose Implementing Regulations for the District to the Cape Cod Commission. In order to be approved, Implementing Regulations adopted by the town must be found by the Commission to be consistent with these Guidelines, pursuant to Section 11 (d) of the Act. The town of Brewster shall adopt and incorporate Implementing Regulations within twelve (12) months of the District's designation by ordinance, If the town of Brewster fails to adopt and incorporate Implementing Regulations that are consistent with these Guidelines within twelve (12) BARNSTABLE COUNTY ASSEMBLY OF DELEGATES Ordinance 08-08: Brewster DCPC July 2, 2008 Page 6 of 7 months, the Commission may grant an additional ninety (90) days. After the additional ninety (90) days, the Commission may propose, and the Assembly and the County Commissioners may adopt by ordinance, Implementing Regulations for the District. Upon the adoption of certified Implementing Regulations, the local permitting previously stayed by the DCPC nomination may proceed consistent with the newly adopted Implementing Regulations. SECTION 5.2 Goals and Interests The objective of these Guidelines is to ensure full protection of the following goals and interests of the District through the establishment of implementing regulations by the town of Brewster. The goals and interests of this District shall be to: • Improve and maintain groundwater and drinking water quality within all Zone II/Wellhead Protection Areas located in the town of Brewster; • Manage and reduce existing and future nitrogen loads to restore and protect the water quality of Pleasant Bay; • Protect and support the major public investment in the Brewster water supply system; • Manage structures, pervious and impervious area, and land uses in a manner that will not result in adverse impacts to water quality; and • Manage development, redevelopment, and land uses to limit negative water quality impacts. SECTION 5.3 Guidelines 5.3,1 Implementing regulations should be developed to protect ground and surface water quality, such as through improvements, amendments, or development of a Water Quality Protection Bylaw, a Clearing and Grading Bylaw, re -vegetation requirements, performance standards and best management practices, Board of Health Regulations, Conservation Commission Regulations, and any other appropriate mechanism. 5.3.2 Implementing regulations should be developed to allow the Town to support local agriculture without compromising surface or drinking water quality. 5.3.3 The Town should consider adopting additional enforcement mechanism for inspections, monitoring and compliance penalties for ongoing existing uncontrolled activities. 5.3.4 Implementing Regulations should seek to address the District's high vulnerability to water quality contamination, such as by implementing the SWAP Report and any other appropriate pollution prevention strategies and by managing the land uses and their impacts to water quality. 5.3.5 The Town should develop Implementing Regulations that will reduce existing levels and significantly reduce future levels of nitrogen in order to comply with the Pleasant Bay TMDL. The Town's Comprehensive Wastewater Management Planning activities will be undertaken in coordination with this DCPC process. SECTION 5.4 Review of Developments of Regional Impact (DRI) within the DCPC BARNSTABLE COUNTY ASSEMBLY OF DELEGATES Ordinance 08-08: Brewster DCPC July 2, 2008 Page 7 of 7 The regulations adopted pursuant to these Guidelines in no way alter the process for the referral and review of Developments of Regional Impact according to the Act and Regulations of the Cape Cod Commission. EXHIBIT A Town of B rewste r ater Protection District of Critical Planning Concern February 18, 2008 Legend m DCPC Boundary 0 Brewster Parcels 20 ~Regional Roads '5,11: d.'4,444RaTeR 97. ,,Z'd ✓fnps::.T§e ' fi#map vrs produced by010Cape Cod Comndcdon, a didson r Barnstable Gassy,, Cr, Fal ruary fa, 270a The inlamaa'on dapleod an &assmapaisfor planning p pazac ordy it is not adag(L#e for legal boundary definition, regulatory Warpmlation, orpecoIWet ielysz Nalrat& irof., eartCy actual o.7ale survey: or�parnde dead retearch. The dots shown on Mb ant ore presided torlmonmstWnat and planning purposes only. The Town and Its consonant; are not reapannslelefor the misuse at mbrepresestatlonof the data. MapsOnline by PeopleGIS 6500 13000 ft Printed on 01/13/2021 at 03.35 PM r l ORLEANS 1\ jj 1' Edp e.ot Pavement BulldI gs. Parcels 6ne Zone2 To,/ Boundary MA High= N fevey u bend Routes Abutting Towns Ba0tTO-5 t 5.10 ft 10-156 =� 15-20 ft X20-30 ft 11183040 ft ®4050ft 50-60 ft Streets r Locus 7.0 NE �- The dab shown an Otte Cite ere prpNded tar Informational end planwropurposes adK The Town and Its consultants are not responsible fordo mbaso or mYrep enavaeen or me doe.. D 800 1600 ft Printed on 01/13/2021 at 03:33 PM LO S HARWICH ORLEANS Ed t of Pavement Bulbktgs Parcels z,»,ez NIB Town QBBoundd5ary " Inteers>ete N "Bred Rotes Abutting Towns Bathtt W 0-5 ft 5 -lo ft 10-15 ft =915-2011 it 20-30 ft 30-40 ft r40-50rt Ell 50-60 ft Streets r MapsOnline by PeopleGIS _124 ,24 LocvS J SC, r IA 100001 N Key: 8755 E G A A N D E T A C H E D B U D N G CURRENT OWNER COHANIM BABAK E & MAJOR LAURA M 18 HASTINGS ROAD BELMONT, MA 02478 Town of BREWSTER - Fiscal Year 2021 PARCEL ID I LOCATION 142-60-0 26 PLEASANT COURT TRANSFER HISTORY COHANIM BABAK E & MAJOR L GILLIS KEVIN M & JENNIFER FLYNN ARTHUR E & EILEEN T DOS I T SALE PRICE 06/04/2019 05/18/2012 10/17/1984 CD ITI AC/SF/LIN I Nbhd I St Ind I InQ I ADJ BASE SAF I Topo ! Lal 100 SI 15,234 13 1.00 A 1.00 167,125 1,080,000 170,000 BK-PG (Cart) 32065-346 26344-128 4287-194 TOTAL Nbhd St Ind Intl 15,234 SF NBHD 13 WOODSTOCK AVERAGE 13N 1.00 ZONING RM FRNT 0 278 A 1.00 RO8 1.25 TY I QUAL I' COND I DIM/NOTE I YB I UNITS ADJ PRICE RCNLD IPG A 1.0010 0.9016X32 2015 512 46.66 21,500 BUILDING MODEL STYLE QUALITY FRAME YEAR BLT NET AREA $NLA(RCN) CD ( ADJ I 1 4 1.02 G+ 1.45 1 1.00 DESC RESIDENTIAL CAPE 1100%1 GOOD +11004'1 WD FRAME 1100%1 MEASURE UST 8/20/2014 8/20/2014 5/27/2020 RJM RJM JMG CREDIT AMT 1 ADJ VALUE 162,201) /ASSESSED I CURRENT LAND BUILDING DETACHED OTHER PHOTO 05/122016 162,200 687.000 21.500 0 BLDG COMMENTS 2014 3207 $225 SIZE ADJ DETAIL ADJ OVERALL 0.980 1.000 1.050 CAPACITY UNITS I ADJ i STORIES ROOMS BEDROOMS BATHROOMS FIXTURES GARAGE SPACES %BSMT FIN # 1/2 BATHS # OF UNITS 1.7 8 4 2 11 2 0 1.00 1.00 1.00 1.00 $21,772 1.00 1.00 1.00 1.00 ELEMENT FOUNDATION EXT COVER ROOF SHAPE ROOF COVER FLOOR COVER INT FINISH HEATING/COOL FUEL SOURCE 4 2 9 2 DESCRIPTION FLR & WALL WD SHINGLE GABLE ASPH/CMP SH HARDWOOD DRYWALL WARM/CL AIR GAS 1.00 1.00 1.00 1.00 1.00 1.00 1.03 1.00 PREVIOUS 162,200 587.900 15.200 0 765.300 9/24/2020 1.33 om SEQ #: 8,996 CLASS I CLASS% I DESCRIPTION I HNC I BN I CARD 1010 100 SINGLE FAMILY 1 I 1 of 1 PMT NO I PMT DT TY DESC I AMOUNT)( 1NSP I BY { 1st % 08/04/2019. 16 MLS REVIEW 1,080,000 05/27/2020 JMG 100 100, 104 02/23/2015 10 INGRDUND POO 45,000 05/12/2016 WFF 100 100 224 03/24/2014 5 OTHER 15,000 08/20/2014 RIM 100 100 1078 12/18/2013 1 NEW CONSTRUC 08/20/2014 RJM 100 100 1078 12/18/2013 1 NEW CONSTRUC 550,000 08/20/2014 RJM 100 100 S BAT i T I DESCRIPTION I UNITS YB I ADJ PRICE RCN + BMU N BSMT UNFINISHED 1,610 46.57 74,977 + BAS L BASE AREA 1,610 2014 215.57 347,070 + USF L UPPER STORY FIN 1,597 2014 146.92 234,635 C WDK N WOOD DECK 370 35.66 13,194 D BIG N BUILT-IN GARAGE 596 44.38 26.450 GFP 0 GAS FIREPLACE 1 Z846.80 2,847 ODS 0 OUTDOOR SHOWER 1 2,199.30 2,199 TOTAL RCN 723.144 CONDITION ELEM I CD EXTERIOR INTERIOR KITCHEN BATHS HEAT/ELEC EFF.YR/AGE 2014/5 A A A COND FUNC ECON DEPR RCNLD 55% 0 0 5 I% GD I 95 $687,000 1vP1O400TM N400 amiregoriadreIntopow /502,u/a/ 5b -71C TANK 0120€ O -BOX FLOW PROFILE Nar TO 5041L CONSTRUCTION NOTES IJHLvao1wL0.a 0110TR9rAR CN44d1ROZLTmWSCIO Cale ISCCOh AID M 2022/2OO1C a 112IO4JL 04310 a ifDmt 44 /Orr SCm 9Y91p1 W 14GOIr 11CTN., N A LOGrw 1122 1125{0 O r01dc W. 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M51.1152125112W11014 BOYTOR 1N61R'RC IOOr1MC WI= 21201.2 Mh ulolo 2501.Ieea7l10M 85104 OCTCU5000101554 0/4551410 2521.12 0510O1YR40AL .4 ROUT T9 a IOM AT A6 FLOM 0102 n125152220211512.03.0212517=11,25 N wetTO5000EA WATmc145ML 14NM0m1M.OR4IWL104 SILOMIDro 448 AIICHI IKIDA1540C55055 0@LCAL 100 01.1211.511-C COILS a COE180044 0.11C SP51ML 104 II ACCORDANCE 4511 510 OP 15.221. NL 57010[11OMITS 5M1122.10:2,11415 16110.21C wNOCA/L I Lyme AR IC 01,221500/2 0815 MTIa 1000`0110.19 m 50k 3011401 5151154. 1!3510110 MR Or= 215155Aln14M 5°. 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TEST HOLE LOGS Test Mee el el-ee.isl N em 1yer 0001 Oa. 5.IColor 01110. 0.2 040 ra.M.4u. 5000100 1021002 2371 7.23' a 0 to142.4n Dana Mahn Way 510 10,1511 101240 2,120 CI Coarse.. 10,2 5.1 Tut new 12 0-51.011 0x)0000 PJ' 5K' C3> 20.220 DAROr109MC 07)3010 Sat 50,00000 DADA 4, 012 N, r.e., COM CHC4NR510 20Auo or 11.1.111 MDR; DntAbt ODAI M1e00UT011301 , 100T1W12Maa ONLM M 0131192 co CROuROWATERT4000N17200 OW r * 3220 W. Madam 1w Melmm Warty DMA Coarse SAM IpR12 1018041 10Tt0K 10TR 1C Poo at CC t 4 9013020. .11000,00 M¢2:.00.007ON 0 I/O ODi20.00. - 9.1,0 pro 1200r2n sa0000100110071100w7. norm CAUONte4CH 0.1.0,0.1014.0,1700 0AL A*0120 m -052311140.9)...:73.1.5 00 11.E 11 n.74 IMONDLII 413 00 120170 0/ 0..1000 P0511QD er1xr4MecA Aevte7 3 0a 0aro,mo05 eeoen WON. "MX >4MIGMCIIYIR..ID 1c0050130071002 ATM,. /41000119T 05 IMP/LW MO , 40750001004101111171250)1?.W0 0,01 r,W 06508100' 980 0d 22' COLONIAL Tea M3a aD 171-01.021 wpm Lap 500 One Dal Cmer Gomel* 000' CM 1.04.ADDIon.Oy loon 101900 3.47 0 AI*Onl IM11 as am cl =S.1O1dw 500121 100.54 ran 8 201 1...44 01.072011 18011• aA CI 50 ea Fa..0*2120y lean Mao bend 204.80m.y3. Co.** 5. 5x110301 Via 30,1 91.120' Pale an 10)8 WI 10)1441 l0'RL0 w 73 002102 +00.7 24.6 LEGEND easntlG SPOT GRADE PROPOoEDSrOT GRADE EXISTING CONTOUR X14- 1801090E CONTOUR - - WATER SERVICE UNE -0- OVERHEAD UITUIY UINC5 UNDERGROUND 5111.1111.340 - - C- GAS SERVICE UNE - EDGE or CLEARING PENCE TEST HOLE LOCATION 501112 TAM/TREATMENT TANK 055TR18UT1ON BOX SOIL ABSORPTION SYSTEM EXISTING IT/DRM4T SITE PLAN 0511. 1' - 20' 6011 DO SAS 0tl511NG CATCH 500114 WAY Stephen Doyle 4 A0100ate0 P. O. Box 621 East 10011011th Massachusetts 02536 Telephone: 508 540-2534 sloburveyesol.com 0 20 40 60 SCALE C1o13001CAena80905C30S50L09 M3AAy BREWSTER 11112200 SITE LOCUS NxTD6CA41 1.1 Ass0S.oh Map 129 Pat05 2) 2.) Deed Book 270:9 Paye 175 3.) Plan Book 177 Page 95 4.) 20* Property 0 cot 0 00 2000Cola 0020 Water Supply 5.) r00.07011:R NITROGEN LOADING CALCULATIONS • W LK-Y29Ce141"Jn1+.11.rr u� 400 NC, 00 •1ere A1reM PLAN VIEW SCALE: 1' w 100 IK V 1500 0 1,1 JRO21 r A40A 2121011 tap I/2020/ Its,m4 5100 a S..ee.s 1001 %n1mM. X042102 Calm Proposed Sewage Disposal System B0 2310181 Way. Brewster, MA 1002714 hm 0410 540318 ref 50 Ccl*wl Rey Mown, MAO2CSI 0.21/2020 CSN P.O. B0V201 301321,r. AMA 22031 P9en01(500) 0901170.9 ENGINEERING 90541, 15510100 0011* 0303 JDONT 2020270 3 EE D 2 6o wt D E v�1 G A) R R402a.12 TESTING. THE !tRLDIN6 OR 1.02.11N6UNITSHALL Be TESTEDANP VERI?IED AS. HAVIN6AN AMLEARAOE RATE NOT MELDING PNE AIRO)tAN6E. .. RR HOURIH CLIMATE EONE51 AND 2. AND TERSEAIROI0.N&eA CRS' NQUR IN CJMATEZONES S THROUGH& TESTING SNAIL BE C• ONDUCTED*, ACCORDANCE PYITIIMTH E TTq ORASPH E 1D771{,A�HD REPORTED', A PRESSURE O? 02INCHVt&. ISO PASLKE).YOIERE • REQUIRED BY rue core QTRHJAL,TE5TIN6 SHALL BECO DUG Et, AN APPROyW0T11IR0 PARTY:' mrrreN REPORT Or T eltE5ULT501' THE TEST MOLL PERISHED SYTHE PARTY CONDUCTING tHETEST • AND PROVIDED WINE CODE Or INCL.-TEEMED 8.441L20 PERPORMEOATANY TIME AFTER CREATION OPALL PENETRATIONS OP ' THC5UILDR16THERIAAL ENVELOPE ENCRAL No'C$ MINIMUM D..tgn Loads P100r 1 llvinq apse. Floor 1 al..ping spa. 00100 Pldor (ltd. seora041 ' 1.1.111.3 ROOT Solt E.O:Ing C.paelty - assumed to t. min. 1.5 tens/.q, It.. 4110E401.3..11303.4010. l0leor) wan qTpstur ceiling beloIF 0/350 NO„gyOagR,eblll iQ';bilg4: 1/240. .0 2.0.0. IIo./ top. s. T. dead 00 2.e.E. Ltva/•10P•3. 1.. acid 20 p.a.1. Live/. 102.3.1. 4.ed 40 p.m.l. l[ve/'t0p.a.E. 4002 $L p.a.E. I lye/ 13p...1. 4.ad Ada- 44444 11/11/2020 STRUCT. ONLY $PrTA.L.ra0I ,Ill Poarn0120m 6.1 5- 3- Vadaxlm Rim 3- Ns ohm ob. T..er man.an 25ad HIo3TA eww Awl FOR N N.' Nam AM wL —w 16M M1I..4aM` Aral' Ont3 � mein* 1203. � �wrlsi /ammr Ar a Rw3OaA .ma..{ 12.01 s..a.e. NOUN er a 0300 R Ib2 •.0 . r aft.:D RK R1(4 71 A . o .r64i,:i.iDrir• srlr Str TAr«.442.44I00 :emm. ;We& DwuaeY a a Wit *MAN?% 1 ! L4 faoHT .ELE A-NOV N (3.02 1n 415 Z'M m 10°x00 X I IO N, Z W• o le m co 2 • Ptgleell)4o Corot: Ra f.LE.i:.PWK'),%..a11grt<.. _ DrowiogPJeND.: Sbeslltld:' I DrowiesNo.: 9"t't1 2:�3� iYpJ(Z1d0.- 7 �.._ -•-?: • . , -. —•+lriaiaE'si'..r.5'viFTc!'�ill''v:+%7i!'W,!gr'".v5 :1':' 41�di It fi:1'�Rf1'• a':?+•,ta'-",. .4x t �3yr..1,,N- rr,' t P i 7.— 4 >:,. .,1.,. T .r.. ., :r.;� 2Y * ti•5,'.J.-1 $. A"•.ti.a�.r�.,T��' ?Ii�Ij.:eCo��^.� ..1'�,1avEyLr ,.Y�' .�'(�;:�,T°i��13"d�;yi1�,.. -':i:. :::',�;�' *'T` S Imo= on menu/Wm, , R310.13 Mudd rllw7Tolmlmd(a rU1y wleddW l p Iteluil be.tmW 9rbovk feet (0.4 011Atillnv.r- aaw "4' .d' 'o`ion 'O1" • ; m t pryraon and me r not l l n 16 maha (9u I1 1 etn..Tba=mafte e. ce shall eLow tm.amert.m7. ueepe a=macuepem= bbfhlly paWtt moumo �i �yy'..I emend.: Then Ladd= or maps molt= by fn I R31p 13.1 mall ha prmltled l encroach not on Ma 6 no. os3 la= imo du /reubal Lintemdam of Om win- dewwrii. ?'Nlydew well. In wont et amrn eancy eam tea- ow aryl t- = cue epcnin0. aloe have minimum olio ravel/anent. • Those prwl8Nm eddrme those aniefgancy maps' wlnnewe Thal =cur below grade. mJ I dpplylnp em eneard ammgency ewe= window a lerle to these 66 II 111=""1N hl �• eHcr S,xi • 'Mk wia'a� wR amnotiwcw _Tloulmlm Cwan tadt•daa ma., met.. ede0me. Flan 0.116]3 W WDDW WgU-g V L._ wlNlahn wm (welt In an opening dlbt otyPenC Von ne di. mkm medkd b,S.1. M07.t ar by . pallhtaigh. but A lO Wndow well MayomtpiyVanil. wd apem.d votmdtdd. ettup.espagalmt die =Wing WHOM Notadlni br Aar uml evbanlveireztnee. lorptdrkgng foreM a.epRA Adribugdm• f piwlawwdb I hell Ryhl rbenlw Vee teNdema mgd.ry bt S e fended le an vrelllallie dim, • T o Jnlmum can Ivgdrhmp .In epar Ingalt d-paaal ml 16 In adiard se Whit the D It1 paler . dm detergency eempe end opmdry altar= Selli0 ID la 49�h'a tp Igor. u. tleolkd l' Ihetf=Npyuraro.dlcbnl; padCvanvninel tre In' tameRMdn' dllow'br Vm eeeepe ar mpupmro a Ina enaY d fne.� a 1Na.eMdn rdpuh,.g Ihd MndeSr wail 1p tie proper; darer Mega requirement .bhomalne,eta.. : I IS b.a.=enla0(ts,dl Mhnhre eIntr pros- leo depthy1Ladd.o=taslalu:Wlndwe wane with vent= bbamtn. lraper.belbaendn br.It dye In lao p.v daplh ed.. then 44 lash= I(111 mm) aa11 be equipped t ear. dhe bkwduperodnvoecl+pbd tbo.T='n0=4 with . immanently affixed ladder or tint usable with la r eels mjuj•. oy ed rwintld:.4yen Mdinog a lra trauma window in the full)) open povWon. Led=ar mope sam.at anwthtpancyaampe wadpw.lvD0d.dmoltaarsll, byll.) need=ehdl ant ha/teal/of to comply with 9mtaes ;- atefam,pedro:ll tram bViWmbn ropnvrdthdnlnaadeno &111.] Wed Ras lie Iaddan or many mall hive . itnide • the aedpticn 0.rptp. deiWmlbf llw dniinhpe ymletn. IIon Moe] l aemat Imo dmn IR ba=le (303 mm). aha11 be ap m1 on oe]lmba(]6 atm)hen).wall .o.aR ba rand 1 act awn then tir ircbm (43] mm) en =ear vankally far du Full height of to wtmbw w.. _amen ten deplh,010 eMdpwwa1 de eveee 44 Irtlrag tm (1118 nl. d Tedder d alaps hem the Mnder.'a • rdwlred Teo Eer.ps folk tcn.ttuttlon or tiara arm net Ideni lied In IM Piovrob(,a, however: Vie Carlon oft= ladder deaperLM Ily oiaroseed. Re000sa ladder. end. atone M whlddvi Welke ere peAa.d torryam.rpency use • they lor MVltwey. found In Bectio.. R311.7.the ProvL • 831110.3.1 Drainage. Window wells roll he designed for paper drainage by ma Fleeting to dm belWkg', foutdaden 4I I. I I I I I I ' �• - t a Nr+aa.%wrti Rre'e. rda Bobur.ereeve gsere 4.1feroveHtww+M-ft alo.2.3 • • I ' • . -,-- LEF1 WE_—EVAtLQLJ__.:. 2#5 'DOWELS AT STEPS IN CONC, 11/1112020 STRUCT. ONLYI Z m 0o Za m O i3 etiE CZ2 an a 6r. ? co a 0 q• .0. do 00 W °J zo wm ya 1t ij II Rolat7iSai CoToM"%t/IT'J'6i'•%:i6.94/74G 040r S. am I A =-. 01%-ziiiiYiz -'.._Biirl✓3raa; .. Duman ):rlc No.: Stoat Titim DrawingNa:'_. 12 L_ r 4 • __R/GHT_$IDE ELEVITIQN ANCHOR BOLT SPACING Lq PONY WALLS: 24" 0/C MAX. NIl 11Va• .1 I. I I I I I I I I I I I' I I 1 •� • aaw Na.3.174 aflnlGTOPG�uRLL 11/11/2020 STRUCT. ONLY t:. � 4 RojectTilla CQ470H' 1N0/,`R+Rdll:.""tehR/e4. Z3p Cq(QNML'Wiry -.BREWa11R1• M11;. DrswingHa No.: Sheet 1111c ving No.: O=1z7Fisja=- 4LgvAriaN _ . 'Drn...3 I0 Le, T -r I2A4 ALL AROUND OPENINGS, LAPPEDI 1,4464 11/11/2020 STRUCT. ONLY Dmwing Filc No.: Sle:Tiuc I - Drawing No.: 625157 14'0' IA 4 Pte i33 fr 111A' W c'aa. Res"1 I f • 1 I i• \ Ircuur ttesi,+a1w,Ee- 7tiri:-l5tdverl'.,.:'—=( • 1- 140* an ties•." AY- P..e.. I I 11 .� r,' Po l+,'.51n 1• jerw+now .1 •= - 474 Ow: R:ua'ak.G.ar•ri� - 'SIMPSONLCC- LY ��• CAPS TYP. . AMID STRIP FTG. AROUND STAIR EA. SIDE dktrras to 7r..04.i:Crx. 4/wei: /-Qqi. 2i 'N/I 6'10•MAX.W/254 TOP 2' CLEAR SIZE/SPCG PER STAMPED CODE CK'LIST BY M.CUDILO,P.E. 7oeW4}t rA...C, Feat%mi 414 Mnu Po. F' -o Ot..ferseKtAimitCPS. 41s1.'23eits :,:--. SrtrloN;S)r.71 a-Lbrress. 1L7 RAMMJ.2(46iwr R -I- rri -T ss LV ru .r?1' F - a • O 1 19. 16=4' o.+. Date O.T S L i .Fa . bees. I O' i • ENGINEERED LUMBER: SEE STAMPED CALC•S BY JUAN MORALES, P.E. E6'-0• cJ tl' __EOLIWIY 1:ON...PLAN • • asecas..Ssa.smgaml.asset.oluseisdaS• y.r4rr N...,.v.. a .. •.Yy—dski—31dsees—'- .ie.W past • ra.«:allsol4l. .00l.lapps S -M err >As V4 3.0 tsar PW' .»' t f• 1>•u 1�� .ae.m..wiv 3. ..e o.. A: m ae c�edar.+v..a...wbr..zw w .s . ..l :.wwrx,: Seliai0ala lyc2IY - STEPHEN DIX - DRAWING &.DESIGN P.O. BOX 982 - DOUGLAS, MA -01516-0982 506-476.3936' •Dare: salt: nnwnny Checked By: AgaovedRy: I 11.5144.1 PuraledW Ste>}+8 basstrstts,e.etsestpist kaL-Yiaelti 334 fest a SectoAns1.b6fe!=ah+as to dm o. kd SISte).kbs!.Jlbe.P•.sS rWu.Brag resit lust, RsMSS beesGz.s O:a!gjles S.lbyi.ad ri>cm Mssdaib aka v lees dgaa [...1eet CersifisonsyttositshssrAtbesISSIssits.Ref..«,usc: ail lS3ISKI.L •••••.---••G.L6.dd Y 6cAW4•b noe riot alts US. • (SI=OS. I, itap:s3. bohciv(lll ea)'.. . TbleOW S.I waatrsa Iiisszess WSW or ttoesss watm p•yl hY a d:S II. b Ml SS 77 • -C TS 1 -St It ss 21 31 TAN1nl/.G.lh)'YRlPinto SA.. ixt .a. • .4477014 ava� 4U. Ma. .o®9i1s MISSI ICn c+rrtrtY.vertw.LLMr it .e2.1.t.4e a 1.efilaSSASSI r sec. I. On NOW 16.1b111.6 0Sipdb..r 11sa.;sso eNsa rmai Oe1Yar.tlb1Stasr tayratal sr•e.1w..4w.IN..MY,iw.i S•SZ.:ateat Y®a•4a.yo.mseaNSM istSmS mutt..* ISS stemerasos •1641ealips.na.nwrea stetas.. ' I: • 0r I4'•0 DBLE JST. OR BLOCK BELOW PARTITIONS 2.2et2 iD.n i6lx 1DN. 3'. to* f 4'-1 2•telt prl. x•:ere 10 12.2%70 (30/21) Su. Room Majri2. Su Ire •34x1 FAT, --- T- 0 1,0 Rte 2- 2852 PN IL -0 Ktr, HeN • nw..r hawr tit ;era. r �-� �2•e�w � p�T egcVn (2)2.6 DE .❑Y .__�R: EA7N o o wee 6R 4006 Rr r lie. Imc. W to -o• / "Lt.' w 14.t x"Etyma 6,,2.0 0.. W4 at.4ws t.. 34rnee 2ae,v,n.n he T es 030RL`SW Etta,/ GOO: 20' Stock 2.Pty11.7A1•LVL ENGINEERED LUMBER PER KOOPMAN LUMBER SHOP DWG'S, STAMPED BY J. MORALES, P.E. t▪ 6t�lAt�e� brtL`-•6�+`•wr Woe 11.4' O.,I! ywe •- - 10 -G I - Z GRer'T Room DINING S od, 'b(c . C,T. Ito Site. SPly7.1H-LVL 2) IRS ON Etch N,4 Ho,E OatcE 3• ec 2`e; ,2 4 ( ate I 6'i L' Ponc, aHM'ifri(Hlrs)4lswswaslasswwawwwaw••••••• •• P81:25 Goa .P58.14' LVL (l) 2s6 DN Each End Zr: Baortao:i"2 i:1i 60. 3-7 a 5025 90. 1744 —I • st ,Y b'Z� I, s' -s" 174- i 2.6 ON V❑ a ..w. n.,nu I."e..".�n`�Im a.ms. ro n..•.,.0, mow .""e,.tan"wt es.0 BD ro ▪ -•"•a w m4 µL)0 u.°"ira°'.Yeewwn"eea 46•6 0666 60 660, 606,61600.nn 6063 666 11 6062 1046i Ica O 66616 60000 61.600. ,6106.600 411.1. W .I. 006606,6, Yee 6006 6 •0010 1.46VPAACI ti= 0/ 4t ba 2� c i 5 r z a _i 0 4. tb.t, Ptot,. It". re as00, 0 C...,en o00I4.o...I ate 104'R lS. An 0t,A,ai, BNa Cm, '..4A.A;Wn• non• a.,•.14.. — t0,,.... w -ma.t • l..h.....0“... ,:.1oeWY L .e.00,10.em.5 mtl..at.ew F0.0.044.Mkor 4 nos ` .... e2 w'ri0o. 4.wu.•I i..... Y• • -' 11,abee0d_ pp2q.Lw mi.e...r6-. ietar:)l2.AT2,.oe �'✓..Y.s.EY FRST FLOOR PLAN 'Regis one:V73ito: Lii4 et .404, . r. ,,e-o•, *Net. 18/LIL,, . 4i:, CNnwe 6btY A Q.1080, S,Mwne.N.. .1,0100: Rows A.n w t..e Rya' w., 0,0,01. STEPHEN DIX - DRAWING & DESIGN P.O: BOX 982 .- DOUGLAS, MA 01516-0982 508.476-3936 Date: 8.12t120 Drawn Sr Cow. Checked Hy: Approved By. lead- 44141,f 'REV. 1 12/142020 STRUCT. ONLY EXTERIOR CORNER SNO INTES8055IN6 WALL STIRS :knit Inth.n4 . lyoV.,.I.o.00m++. Fleur.roli.]j WIR OOWWE1L 1 A «*4. • 1'I Ur�sa 4Mu F rit q \ Ai lw R3142. $ROROOM 43 'r wl 7i UTILITY or lust. BAR AREA Lew room Urp*g 4u "ni 0000 G4rk RE V.1 1211412020 ST RUCT. ONLY •3 ••p• it . 8 $33 . i ii2 7 pp t 8 ! a 1 2 1 1 i C$C 3@ x. :31461 18i3 �� °aIN i ' , _ 11illhil . .e�"�mx� � an3� n'Ttaaaata n ,� 8 o0 tt 1E a a 231; g �j B i i • • � i �g [ 7 3 111-4-10 .: oo 4310 -y is<'.iF €2 4 1.04P -'4N3.3 33c�g " fi3 °:u �.i E� 33z•�• .�, ..� °�3 RE CRC ATIO N RN • 4 r - [♦44 . r- FINISHED BASEMENT R. PLAN de F.. Ws a. S.e. YAT OP, 2' CLEAR. MAX. WALL HT. = 8.10' F,n,su — m N 0O u Ri O Z t0 CJ -c/5 C7 0 OD 4 Clo atoG, 8,, ' i ny. ,. 0 p U) r•�sraoaar.o.ck I c'D0 � •O N y ry W0 D� a q FINISH VSMT. ,thI4t . SE ert oN G Pmlect TalCC. 43TOM RAN CH E TR CN 4 GAR.IGE PNject Fa r. D.+4. 4.0 PIA GO Coovtom Wm - 8nrwsrrn, HR Dmwiog File No.: Sheet Tidc: Drrwirg N o.: Q 21-42-,13 8 E smr . RArr, 7 Staff Memo Date: March 4, 2021 To: Zoning Board of Appeals From: Ryan Bennett, Town Planner RE: Case #21-07 Town of Brewster Planning Department 2198 Main Street Brewster, MA 02631 508-896-3701 As an abutter to property located at 80 Colonial Way, subject of case #21-07, and as required by the Conflict of Interest Law (G. L. c. 268A, § 23(b)(3), I have filed a Disclosure of Appearance of Conflict of Interest. In performing my typical duties as Town Planner, I offer the following staff comments for the Board's consideration/deliberation of this case: • In 1987 the Towns of Orleans, Chatham, Harwich and Brewster submitted to the Commonwealth an application to designate Pleasant Bay an Area of Critical Environmental Concern (ACEC). The Commonwealth's ACEC designation led the four towns to develop a resource management plan for Pleasant Bay and form the Pleasant Bay Alliance to coordinate management activities. • In 2001, the Massachusetts Estuaries Project (MEP) was created to determine nitrogen loads in coastal estuaries. The MEP model to evaluate nitrogen inputs to estuaries is used by MassDEP to develop Total Maximum Daily Loads (TMDLs) for each estuary studied. TMDLs calculate the maximum amount of a nitrogen that a waterbody can assimilate and still support a healthy ecosystem. The MEP also provides technical guidance to support appropriate wastewater, watershed, and embayment management techniques to reduce nitrogen loading. This technical guidance is used by communities to support the development of Comprehensive Wastewater Management Plans (CWMPs). li • Project locus is located in the Pleasant Bay Watershed. • In 2006, the MEP project identified a TMDL for Pleasant Bay. • The Brewster Water Protection District of Critical Planning Concern (DCPC) was adopted by County Ordinance (08-08) in 2008 for the following purposes: a) Protecting the Wellhead Protection Areas to the Town of Brewster's four public water supply wells; b) The protection of the portions of the Wellhead Protection Areas from Harwich, Orleans, and Dennis that are located within the Town of Brewster; c) The protection of the Town's major public investment in its water supply infrastructure; d) The protection of the water quality of Pleasant Bay; and, e) To manage growth in a manner that is compatible with the resource protection goals of the District. • In 2009, the implementing regulations of the DCPC were incorporated into the Brewster Water Quality Protection District zoning bylaw and adopted by Town Meeting. The Nitrogen Loading Performance Standards of the bylaw (179-57) are as follows: o No new, altered or expanded uses within Zone 1, Zone 11 and/or the DCPC area shall exceed a five -parts -per -million (ppm) nitrogen loading standard based on the methodology contained in the Cape Code Commission's Nitrogen Loading Technical Bulletin 91-001. The concentration of nitrate nitrogen resulting from domestic wastewater disposal and from fertilizer application, when diluted by rainwater recharge on the lot, shall not exceed five parts per million (5 ppm). 1. Compliance with this standard is presumed under the following conditions: For the purposes of calculating nitrogen generation, the following standards shall be used: a. Nitrogen from dwelling units that use septic systems (assuming three persons per dwelling): 35 mg/I; b. Nitrogen from lawn fertilizers: two pounds per 1,000 square feet (25% leached); c. Nitrogen in background precipitation: 0.05 mg/l; d. Runoff from roads and ways: 1.50 mg/I; e. Runoff from roofs: 0.75 mg/I. The Board may wish to discuss whether the proposed 3 -bedroom design meets these standards. • In 2014, Brewster Town Meeting adopted a Fertilizer Nutrient Control Bylaw (Chapter 119) to provide a regulatory framework that results in the planting and maintenance of minimally managed turf areas to help support the goals of the Brewster Water Protection DCPC. • In 2015, the County adopted the Cape Cod Area Wide Water Quality Management Plan Update, or "208 Plan". The plan identified strategies for improving water quality in nitrogen impaired estuaries and embayment's, including Pleasant Bay. • In 2018, Massachusetts DEP approved a 20 -year Pleasant Bay Watershed Permit which includes an Inter -municipal Agreement (IMA) among Orleans, Brewster, Harwich and Chatham to implement policies and strategies to meet targeted nitrogen reduction levels determined for each Town as part of the permit. APPLICANT/OWNER: REPRESENTATIVE: MAP/LOT: PROPERTY ADDRESS: Received from: Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov DEPARTMENT REVIEWS Application #21-07 Dale Bangma Attorney Benjamin Zehnder Map 129, Lot 21 80 Colonial Way Building Department Comments received from Victor Staley, Building Commissioner • The applicant is properly before the Board of Appeals pursuant to MGL Chapter 40-A Sections 8 & 15 to have my decision overturned or amended and in the alternative seek a Variance pursuant to Section 52 of the Brewster Zoning Bylaw. • While I agree that the enforcement of the Zoning Bylaw may at first appear capricious due to the fact that errors were made in the past by the Building Commissioner in not applying this Bylaw upon earlier applicants. But this claim could be made upon any person who first gets captured by a regulation. I would also note that after 80 Colonial Way was flagged there have been two other applicants for new dwellings captured by this specific Zoning Bylaw. • It is also my understanding that the purpose of reaching outside the Zone I & II wellhead recharge regions to include the Pleasant Bay Watershed in the entirety of the DCPC is because of the unnatural problems cause by nitrogen occurring in Pleasant Bay. Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator • The Conservation Committee has no comments to add Fire Dept. Comments received from Chief Robert Moran • The Brewster Fire Department has no issues with this application Historic District Corn. Comments received from Sara Provos, Senior Department Assistant • The Historic District Commission has no issues with this application. Police Dept. Comments received from Lt. George Bausch • The Brewster Police Department has no issues with this application. Health Dept. Comments received from Amy von Hone • The Health Department has completed an extensive review of the Building Permit Application and Title 5 septic design of the subject property. The subject lot consists of 18,182 square feet of land area located outside the Public Well Zone II, is to be serviced by municipal water, and is located within the Brewster Water Protection District of Critical Planning Concern. • The lot is not subject to nitrogen loading restrictions under the MA Title 5 Regulations since the lot is serviced by municipal water and is located outside the delineated Zone II of the Brewster public well supply. The lot is located within the DCPC, and is therefore, subject to nitrogen loading restrictions as outlined in the Brewster Zoning Bylaw. The Health Department has reviewed and approved an application for a maximum 3 bedroom dwelling with 0 square feet of www.brewster-ma.gov 3/4/2021 Page 1 of 2 lawn area and a Title 5 compliant septic system enhanced with a MicroFAST nitrogen reducing innovative and alternative technology to meet the maximum 5 ppm average nitrogen load (4.96 ppm per nitrogen loading calculations). The size of the structure (impervious roof area), number of bedrooms, size of impervious paved areas, and 0 square feet of lawn area all factor into the final nitrogen load. Any proposed alterations beyond the current proposal may significantly affect the nitrogen load and must be reviewed prior to approval to ensure compliance with the required 5 ppm maximum nitrogen load. • The Town of Brewster is currently engaged in long term planning for the remediation of excess nitrogen contributed from Brewster properties into the Pleasant Bay Watershed. This subject lot is located within the Pleasant Bay Watershed and development of the lot is anticipated to contribute additional nitrogen to Pleasant Bay which currently exceeds acceptable nitrogen thresholds per the MA Estuaries Project. It is the Health Department's recommendation to minimize development of nitrogen sensitive areas, such as the Pleasant Bay Watershed, to the greatest extent possible while the Town of Brewster continues to develop our nitrogen remediation plans and goals. www.brewster-ma.gov Page 2 of 2 3/4/2021 To: Zoning Board of Appeals From: Abutters Robert H. Findlay and Lorena Lyon, Trustees of the Findlay Lyon Realty Trust, 95 Wayside Drive, Brewster MA Re: Offered comments ZBA Case #21-07 We strongly request that the Zoning Board of Appeals reject the applicant's appeal of the Building Commissioner's Determination that the locus is not conforming in accordance with M.G.L. Chapter 40A Section 8 and 15. We strongly request that the Zoning Board of Appeals not grant a Variance from the terms of Bylaws §179-57(A) to build a 4 bedroom single family dwelling structure. These requests are based on our opinion that the proposed structures would degrade the nature of the neighborhood and exceed established target nitrogen loadings, as well as, concerns to the operation of the proposed MicroFAST system. We detail our objections in the paragraphs below. 80 Colonial Way is a small (18,000 square feet) corner lot within Meeting House Village, a long-established residential neighborhood within the Pleasant Bay watershed which straddles the Brewster -Harwich line and consists of mainly 2 bedroom homes with a few grandfathered 3 -bedroom homes. The subdivision was established in the late 1960's, current zoning laws have been in force for decades and current laws regulating nitrogen loadings since 2008. In our opinion, allowing the applicant to build a dwelling of the size proposed will significantly degrade the nature and character of this long established neighborhood. Attorney Benjamin E. Zehnder representing the applicant writes extensively that the enforcement of current zoning regulations will cause the applicant hardship. In our opinion, the hardships detailed in the application for appeal/variance are of the applicant's own making. Ignorance, willful or otherwise, of existing regulation does not, in our opinion, justify relief from hardship. The argument presented by Zehnder that the 2008 Performance Standards should be struck down due to arbitrary and capricious enforcement is particularly offensive. It is our understanding that as long as the town makes a good faith effort to uniformly enforce its ordinance, a rare error does not set a binding precedent. It is our opinion that this site is too small to legally support either the proposed 4 bedroom dwelling or the proposed 3 bedroom compromise under the 2008 Performance Standards. We find the information contained in the applicant's Nitrogen Loading Calculations table a mystery. There are no units included except on lines 1, 4, 6 and 8 where the quantities 1000 SF are entered. These entries are odd, as they are within a column entitled "equation" and do not reflect the square feet of the locus, the roof, the driveway nor the lawn. Due to this lack of clarity and the 0.00 for the nitrogen loading from fertilized lawn and garden areas (indicating that the lot will not be landscaped?), we have calculated the expected nitrogen loading from a 3 bedroom dwelling cited on the locus. We used the "Example of Residential Loading Calculations" (p. 17 of Technical Bulletin 91-001 (Final) Nitrogen Loading from the Cape Cod Commission Water Resources Office; https: / /www.capecodcommission.org/resource- library / file / ?url= / dept / commission / team / Website Resources /_regulatory / NitrQgenL oadTechbulletin.pdf; accessed 3/1/21). We used their suggested values except for wastewater nitrogen concentration; we reduced the wastewater NO3 -N concentration to 1 15.75 ppm (this the standard 35 ppm adjusted for an average nitrogen removal of 55% for the MicroFAST model 0.5 (p. 20, Figure 3. Costa et al. 2002. Environmental Cape Cod 5:15-24; https: / /buzzardsbay.org/etistuff /results / costaenvccarticle2.pdf; accessed 3/1/21)). We estimated roof area using the plans within the project narrative and an on-line estimator https: / /www.improvenet.com/r/roofing-calculator. Driveway surface area was estimated from dimensions given on the project narrative. We assumed that 5000 square feet of the available 14,011 square feet of natural area will be used for lawn and landscaping. We justify this assumption by the fact that the applicant has already clear cut —80% of locus. Using the algorithm in Technical Bulletin 91-001, we calculate that the nitrogen loading from the proposed structure to be 5.34 ppm. It is this finding that supports our opinion this site is too small to legally support the either the proposed 4 bedroom dwelling or the proposed 3 bedroom compromise under the 2008 Performance Standards. Details of calculations performed using the algorithm from Technical Bulletin 91-001 are given in Table 1. The applicant indicates that a MicroFast sewage treatment system (presumably a model 0.5) will be installed. These systems are generally considered effective at removing a little over half of the nitrogen from waste water. However, these systems are complex enough to require professional management and the application provides no provision for such management. The MicroFast sewage treatment system is essentially an activated sludge bioreactor in a septic tank. Activate sludge bioreactors are a bulwark of municipal secondary sewage treatment. That said, secondary sewage treatment does produce offensive odors. The Model 0.5 pumps 200 cubic feet of air per minute into the sewage and release an equivalent amount of gas back into the atmosphere. We are concerned by on-line reports that these system, especially when not functioning at top efficiency, are malodorous. We find the revised three bedroom design cynical. The applicant has removed a single door and renamed the space "home office". This space by any other name is still a bedroom. We find it equally as cynical that the locus will be developed without landscaping. In conclusion we find the applicant is attempting to shoehorn an oversized building into an undersized lot, a lot that the applicant should have known was not sufficient support such a dwelling. We find the hardships detailed in the application to be of the applicant's own making and not worthy of relief. We feel the town should maintain a strong commitment to the 2008 Performance Standards and not allow siting of structures that cannot reasonably meet target nitrogen loadings. Thank you for your kind considerations, Robert H Findlay, Trustee Lorena Lyon, Trustee Findlay/Lyon Realty Trust Findlay/Lyon Realty Trust 2 Table 1. Calculation of residential loading for 80 Colonial Way following Technical Bulletin 91-001 (Final) Flows are shown is Bold; Loadings are shown in Bold Italics Home: 3 bedrooms Lot size: 18,182 sq. ft. Roof area: 3311 sq. ft. Paving area: 860 sq. ft. Natural area: 14,011 sq. ft. Lawn area: 5,000 sq. ft. Wastewater*: Title V (NO3 -N concentrations modified for MicroFAST treatment) 3 bedrooms x 110 gpd/bedroom x 3.785 L/g =1,249.0 L/d x 15.75 mg/L =19671.8 mg/d Actual (assume 2.5 people / unit occupancy) 3 bedrooms x 110 gpd/bedroom x 3.785 L / g x 2.5/6 = 520.4 L/d x 15.75 mg/L =8196.6 mg/d Impervious surfaces: Roof 3311x40in/yx1ft/12inx28.32L/ft3xlyr/365d=856.3L/d x0.75mg/L = 642.2 mg/d Paving 860 x 40 in / y x 1ft / 12 in x 28.32L/ft3 x 1 yr/365 d = 222.4 L/d x 1.5 mg/L = 333.6 mg/d Lawn and Landscaping 5000 x 3 lbs fertilizer/1000 ft2*yr x 1 yr/365 d x 454,000 mg/lbs x 0.25 = 4,664.4 mg/d Natural 14011 x 1.5 ft / y x 28.32 L/ ft3 x 1 yr/365 d =1630.9 L/d Summary Title V (19671.8 + 642.2 + 333.6 + 4,664.4 mg/ d) / (1,249.0 + 856.3 + 222.4 + 1630.9) = 6.39 ppm Actual (8196.6 + 642.2 + 333.6 + 4,664.4 mg/d) / (520.4 + 856.3 + 222.4 + 1630.9) = 4.24 ppm Final Calculation (6.39 + 4.24) / 2 = 5.34 ppm * We adopt the terminology of Title V and Actual for consistency with Technical Bulletin 91-001 although the calculations are based on installation of a MicroFAST system. 3 Ellen Murphy From: Joe Boruch <jaboruch@yahoo.com> Sent: Thursday, February 18, 2021 12:10 PM To: zbameeting Subject: ZBA Case #21-07 80 Colonial Way I received notification today, as an abutter, about the requested zoning change for 80 Colonial Way, ZBA Case 21-07. We are opposed to the zoning change. A 4 bedroom house would not be appropriate/fitting for the neighborhood. It would be too large. Additionally, with present concerns about septic systems on Cape Cod, there would be additional nitrogen loading with the additional bedroom. Please do not approve this zoning change. Also, are the owners of 80 Colonial Way aware that there are deed restrictions as to the type of house that can be built? Thank you for your consideration. Anna Marie and Joseph Boruch 68 Colonial Way 1 March 1, 2021 To: From: The Brewster Zoning Board of Appeals Janina (Nina) Kaars / VO-ZI.J<.4-* I have received the Abutter Notification of Public Hearing notice for 80 Colonial Way and am responding to a request for comments. I live directly across the street from what would be the front of the new home being built at that location. I am saddened to see the wooded lot already cleared but I do understand the desire of people to want to live in our beautiful town. I do not object to a nice home being built in our neighborhood and look forward to welcoming new neighbors someday in the future. The designs of the home appear to be a nice looking home. I am sure that the new neighbors will find this to be a very comfortable neighborhood. However, I do object to a variance or waiver for the septic fields plans. The rules in our area for septic fields were put in place for good reasons, our water quality and the protection of our coastal systems. By making an exception to these rules, a precedent will be set for others to do the same. That would impact the water quality issue for several towns in our overall system. The owner's justification for a variance/waiver is based upon a financial impact and this should not be considered. He should have understood the limitations when he purchased the lot and had plans created. This is not enough to negatively impact the public safety for hundreds of people now and in the future. The plans that the Town of Brewster and neighboring towns put together decades ago were based upon careful scientific analysis. Because the water quality of our water and waterways has not substantially improved during these years there should be no relaxation of those plans now. In order to resolve this issue, perhaps the owner can invest in a high tech septic system which would meet the septic requirements that are already in place, subject to the analysis of experts for the Town. The implications of the Board's decision will impact well beyond our neighborhood and our town, so I hope that you will take this into consideration very carefully. Thank you for the opportunity to voice my concerns. I moved here 14 years ago for the very reason we all have... to live in a beautiful area which considers our environment and safety as a priority. #21-08 Applicant: Brewster Historical Society, Inc. Represented by Attorney Stephen Jones 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 # o2/ SPECIAL PERMIT APPLICATION — Special Event Venue Use VENUE INFORMATION Applicant/Property Owner: Brewster Historical Society, Inc. Street Address: 51 Drummer Boy Road Mailing Address: P.O. Box 1146, Brewster, MA 02631 Phone: 508-896-9521 Map: 26 Lot: 28 Business Name: Brewster Historical Society Farmers Market Email: treasurer@brewsterhistoricalsociety.org EVENT INFORMATION Date(s): 6/23; 6/30; 7/7; 7/14; 7/21; 7/28; 8/4; 8/11; 8/18; 8/25; 9/1; 9/8; 10/10. Alternate make up dates: 9/15; 9/22; 9/29; 10/6 — only 13 markets will be run Maximum Number of Guests Anticipated: 1000 Estimated Number of Vehicles at One Time: vendors & workers: 30 / guests: 40 Proposed Hours: 3 PM — 6 PM Open to Public X Invitation Only Test Use: Yes (if yes, then obtain a permit from the Building Department) FOOD, ALCOHOL & ENTERTAINMENT Will there be food offered: Yes X No (If yes, then applicant shall obtain a food service permit from the Health Department) Will there be alcohol drinks* offered? Yes No X (If yes, then applicant shall obtain a separate, one -day liquor license from the Select Board) Will there be entertainment* provided? Yes X No (if yes, a separate entertainment license shall be obtained from the Select Board) *The Liquor and Entertainment licenses may be obtained in one meeting at the Select Board SUBMIT WITH APPLICATION • Narrative describing the proposed event(s) • Scaled site plan indicating property boundaries, existing building locations, driveway, proposed parking, location of event activity and location of portable sanitary facilities (if applicable) The BREWSTER HISTORICAL SOCIETY Post Office Box 1146, Brewster Massachusetts 02631 508 896-9521 brewsterhistoricalsociety@comcast.net January 21, 2021 SPECIAL PERMIT APPLICATION — SPECIAL EVENT VENUE USE NARRATIVE — BREWSTER HISTORICAL SOCIETY, INC. The Brewster Historical Society would like to continue its farmers market in 2021, but with a new day and time: Weds. 3 PM — 6 PM, June 23rd through September 8'h, plus an additional Harvest Market October 10t. LOAM —1 PM, for a total of thirteen markets. (Several additional rain dates will be reserved in Sept.) When BHS first offered this market, it listed the following goals: • To educate and inform the public on the benefits/availability of local produce/products • To support the local agricultural community (and The Brewster Historical Society) while reconnecting with the town's rich agricultural history • To promote a sense of community and inclusiveness (SNAP, WIC, senior discounts) • To encourage environmentally sustainable behavior. In 2021 BHS wishes to continue to advance these goals. In 2019 almost 8,000 visitors came through the market, learning about the variety and availability/non-availability of produce in a way often camouflaged on our grocery shelves. We heard again and again how wonderful it was to be able to access fresh, local produce right here in town. The vendors also appreciated the new customer base and remarked on the quality and "good vibe" of this market. Many Brewster residents made their first tour of the historic Higgins Farm Windmill, Hopkins Blacksmith Shop, and Harris -Black House while visiting this market. They learned how Brewster's early farmers processed their meal, forged their tools, and lived simply day-to-day without the modern conveniences and distractions. They also learned how much BHS has contributed to Brewster by providing and maintaining these historic structures. Conversations among vendors and visitors opened eyes to the importance of sustainable practices and community involvement. The community organizations who participated with educational tables voted it well worth the time spent. The single handicapped toilet we provide is more than ample for the market needs. We have also worked agreeably to share parking with other parties who rent the park. Attached is a copy of the Special Permit received last year and we ask that the Zoning Board grant the Special Permit under the same conditions. With sincerest thanks to all the depai linents who cooperate to make this market happen, Sally C. Gunning, President www.brewsterhistoricalsociety.org DRS 126.05` • • .•r.'rJinr�:i.�a: .• 9�.v., J+•r 7' J.•1'.•G.''�W:. Apia, I��y�1�r �:i :..: �t�y�3s':Jti�'�S'�.tz ._rr1�r r• • �''�' �. Ven�►�r �"�f d11.�Y� � way . W[r.���yLT�h+Ff�i �... �aG1L..t., a.4._;S,Ti. i MWY 2g • --- 20 NON -ROAD 1.250. AC. ROAD 0.106. AC, tOTAL .. w'�4 �i \. 1�� The data shown on this site ate provided for Informational and planning purpose. only. "Mc Town and ha cons intents are not roaponslblo for the misuse or misrepresentation of the data. iim moulosmoisim 0 160 320 ft Mapsonline by PeopleGIS /1. Printed on 01/20/2021 at 05:16 PM Edge of Pavement Buildings Parcel s Tow, Boundary MA Higphwayys Ur rolerstate US Highway Numbered Routes Abutting Towns BethYo-55N 5-10ft 8 1110-15 ft t<"rl 15.20 ft It= 20-30 ft 50 30-40 ft EMI 40-50 ft ® 50-00 ft Streets #21-09 Applicant: Janet L. Ross & Rick Ross Represented by Rick Ross \\\u�umiinnrirufii r lai00/11111 II a� D 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 # Of APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION �, ($300 Filing Fee) �' NAME OF APPLICANT Nf7�i/ i - - / 2 J�� k/e /ASS REPRESENTATIVE Z1L 451C PHONE NUMBER A) J 7> / 7 go MAILING ADDRESS / Lo igk/'U /4 L , % ;.,L� (1 s 7151Z /7i4 0.24 / PROPERTYADDRESS / 1.06-727/A) #//, CURRENT PROPERTY OWNER(S) �/�AV k / , S c REGISTRY OF DEEDS TITLE REFERENCE BOOK 2 Pi --7D PAGE o 7 p OR CERT. OF TITLE # LAND COURT # PLAN # TOWN MAP # ,, �/! LOT # 61 ZONING DISTRICT 4--P( STATEMENT OF PROJECT Date + Time Stamped By Town Clerk YEAR BUILT /9 3 P tr:e eAiark ATURE OF OWNER OR AGENT FOR OWNER /'1 1"2'l - em/�'�2��t Gar nevi -- %iiz 7 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 LA VOINVI dee STREET ADDRESS I P-o6/o/%l S- M C/ 4/, YEAR BUILT C /1(9-13/ "T MAP # I LOT # 4-9 ZONING DISTRICT List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING. 11,31 REQUIRED 21/ PROPOSED 1q, ■ Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, ■ Fxisting is the setback that currently exists on the ground ■ Required is the applicable setback required currently in the Brewster zoning bylaw ■ Proposed is the setback being requested FRONTAGE: EXISTING I 0 0 REQUIRED 100 LOT SIZE: �i oJG� LOT COVERAGE EXISTING % S1 PROPOSED % Ito 3 ALLOWED %S SIZE OF PARCEL sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE 01- 1 / 3 sq, ft. BUILDING COVERAGE. ALL OTHER STRUCTURES -7 sq,; . BUILDING HEIGHT: EXISTING 3 'el I f/ PROPOSED ,9.‘3 ,-/- SPECIAL PERMITS: XAPPLICATION 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 PNMT IS SOUGHT SID ABRIEF DESCRIPTION OF THE PROP l. d VARIANCES: ❑ APPLICATION FOR VARIANCE AS SET FORTH IN M.G.L. 40A, § 10 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE VARIANCE IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. In order to grant a Variance, the ZBA must find all three of the following to be true: ❑ Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and ❑ A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and ❑ That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law ❑ APPEAL IN ACCORDANCE WITH M.G.L. 40 A, § 8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4 Rick Ross From: DGONSALVES@DOWNCAPE.COM Sent: Tuesday, January 19, 2021 1:30 PM To: Rick Ross Cc: tobyfarm31@gmail.com Subject: RE: Ross 31 Robbins Hill Brewster Site Plan - Set Backs Rick, Below are the listed square footages and % lot coverage numbers as requested. Existing house -1754 s.f. (11.4%) Existing deck - 279 s.f. (1.8%) Proposed kitchen addition —195 s.f. (1.3%) Proposed addition behind garage —164 s.f. (1.1%) Proposed sunroom expansion - 54 s.f. (0.4%) Proposed deck - 324 s.f. (2.1%) Please let me know if you need anything else. Thanks, Danny E. Gonsalves, PE Professional Engineer Down Cape Engineering, Inc. Tel: 508-362-4541 Fax: 508-362-9880 This Electronic Message. contains information from the engineering firm of down cape engineering, inc., which may be privileged. The information is intended to be for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited. LEGEND 09-- 006000 CONTOUR X 9A, p95T SPOT ELLS. -{9o}- PROPOSED CONTOUR (0543 PROPOSED SPOT EL TN1 TEST HOLE SLOPE OF GROUND UTMY PO. V FIRE HITRANT NOM NOT N.111111101.1 WY MPON NNW, DCE #14-202 OKH Seale: i'- 20' 0 10 20 30 40 50 FEET NOTES 1. DATUM IS ASSUMED 2. MUNICIPAL WATER IS 0151100 3. THIS PLAN IS FOR PROPOSED WORI( ONLY AND NOT TO BE USED FOR LOT UNE STAKING OR ANY OTHER PURPOSE 4. CONTRACTOR SHALL BE RESPONSIBLE FOR CAWNC DICSAFE (1-888-344-7233) AND VERIFYING THE LOCATION OF ALL UNDERCRe1ND OVERHEAD 011211E5 PRIOR TO COMMENCEMENT OF WORK 5. EXISTING SEPTIC SYSTEM 15 510014 BASED ON THE ASBUILT ON FILE AT THE HEALTH DEPARTMENT. DATE DANIEL A. OJALA, P.E., P.L.S. LOCUS MAP NOT TO SCALE ASSESSORS MAP 49 PARCEL 49 ZONING SUMMARY ZONING DISTRICT: R -M MIN. LOT SIZE 60,000 5.F. MIN. LOT FRONTAGE 150' MIN. FRONT SETBACK 30'• MIN. SIDE SETBACK 20'• MIN. REAR SETBACK 25 MAX. BUILDING HEIGHT 30' MAX. BUILDING COVERAGE 25% PROPOSED BUILDING COVERAGE 15.6X 'LOT CREATED PRIOR TO ZONING CHANGE IN APRIL OF 1973 OWNER OF RECORD JANET L ROSS 61 HIGH RIDGE REDOING, CT 06696 REFERENCES DB 28270 PG 278 PB 276 PG 53 & 54 SITE PLAN OF 31 ROBBINS HILL ROAD BREWSTER, MA PREPARED FOR RICK & JANET ROSS DATE NOVEMBER 10, 2020 off 508-362-4541 for 506-362-9880 downcope.com O down cape engineering inc. civil engineers land surveyors 939 Main Street ( Rte 6A) YARMOUTNPORT MA 02675 14-202 ROSS 2020.DWO -6 rG LLi: >:r iiarirMs:oim 1 : iue aa6atauiaMa6d I . i OR raaa11leirealraw XS aossru■asa Mt ssau®reru : tolls smauieratee WM MIastsriimtw■ va ��ae11 �r M®JpAA®orrt : : is 1itinf :,: 6A!'alrISE%lt.6Ire _. _ _ LB f667s L. . i14 lr,rl4Etilr � NVEri ll _ --' F;! tl n •Pflsaee�1 .II ariaasabl►nexta.,. 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TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 65 feet of Parcel 49/49/0 Owner 150/0 39 ROBBINS HILL ROAD s, 49/101/0 30-32 ROBBINS HILL ROAD 49/49/0 31 ROBBINS HILL, ROAD Key Parcel ID 2081 49-43-0-R (19-3-18) FAMILY TRUST OF 2000 SPEVAK RONALD &MARGARET Location Mailing Street 42 SALT WORKS ROAD 42 SALT WORKS ROAD Mailing City BREWSTER ST ZIpCd/Country MA 02631 2082 49-44-0-R SUHOZA KEITH & KATHRYN (19-3-19) 32 SALT WORKS ROAD 8 LAUREL ROAD NEWTOWN CT 06470 2083 49-45-0-R KALAW JOSE A & LINDSAY V 20 SALT WORKS ROAD 187 MELROSE AVE (19-3-20) NEEDHAM MA 02492 2086 49-48-0-R MCCABE CLIFFORD A (19-3-23) 19 ROBBINS HILL ROAD 396 GREAT ROAD BEDFORD MA 01730 2087 49-49-0-R ROSS JANET L (19-3-24) 31 ROBBINS HILL ROAD 31 ROBBINS HILL ROAD BREWSTER MA 02631 2088 49-50-0-R FRANCO CAPE COD LLC (19-3-25) 39 ROBBINS HILL ROAD 5 KINGS ROAD CANTON MA 02021 2001 49-101-0-R STROLLER CHARLES & LISA J (18-2) 30-32 ROBBINS HILL ROAD 14 SHERATON LANE RUMSON NJ 07760 2002 49-102-0-R HAYES JEFFREY L & (18-3) HAYES REGINA MCDONNELL TRUSTES Certified by: 393 LOWER ROAD P 0 BOX 308 74 James M. Gallagher, MAA Deputy Assessor BREWSTER MA 02631 10/5/2020 Page 1 LEGEND 99 — X 99.1 (99)--- [98.42 TH1 2% CO—) EXISTING CONTOUR EXIST. SPOT ELEV. PROPOSED CONTOUR PROPOSED SPOT EL TEST HOLE SLOPE OF GROUND UNUTY POLE FIRE HYDRANT NOTE NOT ALL $11801.5 WY APPEAR N DRAWING C4 O 0 DCE #14-202 OKH BENCH MARK — CORNER OF CONC. GAR.APRON. EL = 34.1 NCE 143.03' 156.90' Scale:1"= 20' 0 10 20 30 40 50 FEET ONE DATE DANIEL A. OJALA, P.E., P.L.S. NOTES 1. DATUM is ASSUMED 2. MUNICIPAL WATER IS EXISTING 3. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE USED FOR LOT UNE STAKING OR ANY OTHER PURPOSE. 4. CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING DIGSAFE (1-888-344-7233) AND VERIFYING THE LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES PRIOR TO COMMENCEMENT OF WORK. 5. EXISTING SEPTIC SYSTEM IS SHOWN BASED ON THE ASBUILT ON FILE AT THE HEALTH DEPARTMENT. LOCUS MAP NOT TO SCALE ASSESSORS MAP 49 PARCEL 49 ZONING SUMMARY ZONING DISTRICT: R -M MIN. LOT SIZE 60,000 S.F. MIN. LOT FRONTAGE 150' MIN. FRONT SETBACK 30'* MIN. SIDE SETBACK 20'* MIN. REAR SETBACK 25' MAX. BUILDING HEIGHT 30' MAX. BUILDING COVERAGE 25% PROPOSED BUILDING COVERAGE 15.6% SLOT CREATED PRIOR TO ZONING CHANGE IN APRIL OF 1973 OWNER OF RECORD JANET L. ROSS 61 HIGH RIDGE REDDING, CT 06896 REFERENCES DB 28270 PG 278 PB 276 PG 53 & 54 SITE PLAN OF 31 ROBBINS HILL ROAD BREWSTER, MA PREPARED FOR RICK & JANET ROSS DATE: NOVEMBER 10, 2020 off 508-362-4541 fox 508-362-9860 downcope.com down cope engineering, inc. civil engineers land surveyors 939 Main Street ( Rte 6A) YARMOUTHPORT MA 02675 14-202 ROSS 2020.DWG 038-0028 38-007 38-0069 038-0046 037-0041 37-0019 03710020 037-0021 3703 3q -u032 037-003 03 -003: The data shown on this site are provided for informational and planning purposes only. The Town and its consultants arc not responsible for the misuse or misrepresentation of the data. 1, , 7f/ Z-0061037-0062 \ dri7 6yx„7-01171 38-0083 0 0 8-0082 38-008 Q 03826 038-0093 038-0094� 037-0042 e 038-0047 038-0044 038-0 87 -0d8 038-00 49-0079 09.402 0 9-004 09-0158 9_000 "Vp 049-0157 C3 4499--0000` 049-0002 5f50.0006' 0504101- -R 50-001- 05 -00 0 050-000 %870 -008: 04944086 alms x049-0091 049-0093 049-0 049-00 5 49-009 049-0105 1049-0100 049-005' 49-0043 rl _"049-0101 �-� 049.0049 • .049-0044 049=0048 - 049-0102 9V0045 0049R-01(•04 - 049-0046—r'4 �v" �"Ot9`o �u 049-0i53 049-0155 049-0156 037-0045 37937-004' 050 SPR I NG NE/ if � 37-0▪ 0 37-0054 741,247 -00 2 (% ' o , 048-0L a8- 121 m oae-ad�ka 048.0022 048-0021 048-0029 048-0019 048-0050 048-0010 D r Z 048-0051 048-0053 01241183 I 048-2Ogl LI4 048.0052 048-0014 050:00 8-0028 048.0030 048-0031 048-0032 43153 • 4too W`+ '5 -0'5- _504 t 6 ill=�0 � OQ63 . 5-- 050/0072 050-0073 05E40751 050,0084 50-0074.__, 08 050-0085 u t 86 49-011 -0i16,,� 04%-012 049-0146 048-0036 710 1420 ft Printed on 01/21/2021 at 03:39 PM 048-0063 048-0065 048-0073 048-0071 048-0074° 048-006 048-0067 48-006 • t�v 048-0064 049-0135 049-0136 049-0137 °e0�[�4-0139 Ts 0 046. 81 057-0002 057-0060 057 059 056-0006 056-000 05 6-0091 -POND- 056-0 Buildings Edge of Pavement Parcels 049;0111 MapsOnline by PeopleGIS L E G A L L A N D D E T A C H E D B U L D N G Key: 2087 Town of BREWSTER - Fiscal Year 2021 CURRENT OWNER PARCEL ID LOCATION ROSS JANET L 31 ROBBINS HILL ROAD BREWSTER, MA 02631 49-49-0 31 ROBBINS.HILL ROAD TRANSFER HISTORY ( DOS T I SALE PRICE BK-PG (Cert) ROSS JANET L FLAGG BETTY M FLAGG PAUL & BETTY M 07/18/2014 04/03/2008 08/31/1983 QS A XX 548,000 100 28270-278 22807-242 3848-161 1 CD TI AC/SF/UN Nbhd I St Ind I Infl I ADJ BASE I SAF I Topo I Lpi I VC CREDIT AMT I ADJ VALUE 100 S 15,330 2 1.00 A 1.00 A 1.00 294,140 2.76 A 1.00 R10 2.20 285,780 TY I QUAL 1 COND I DIM/NOTE I YB I UNITS ADJ PRICE BUILDING CD i ADJ MODEL STYLE QUALITY FRAME YEAR BLT NET AREA $NLA(RCN) 1 4 A+ 1 1.02 1.20 1.00 1983 1,727 $217 DESC RESIDENTIAL CAPE [100%1 AVG + [100%1 WD FRAME [100%1 SIZE ADJ DETAIL ADJ OVERALL 1.000 1.000 0.970 CAPACITY UNITS ADJ STORIES 1.75 1.00 ROOMS 5 1.00 BEDROOMS 3 1.00 BATHROOMS 2 1.00 FIXTURES 6 $9,079 GARAGE SPACES 1 1.00 % BSMT FIN 0 1.00 # 1/2 BATHS 0 1.00 # OF UNITS 1 1.00 RCNLD MEASURE 3/7/2018 NF LIST 8/17/2007 JH REVIEW 12/19/2019 MR ASSESSED I CURRENT I PREVIOUS LAND BUILDING DETACHED OTHER TOTAL BLDG COMMENTS 285,800 288,400 0 0 1 ELEMENT I CD I DESCRIPTION ADJ 1 FOUNDATION 4 FLR & WALL 1.00 EXT COVER 1 WD SHINGLE 1.00 ROOF SHAPE 1 GABLE 1.00 ROOF COVER 1 ASPH/CMP SH 1.00 FLOOR COVER 3 W/W CARPET 1.00 INTFINISH 2 DRYWALL 1.00 HEATING/COOL 5 ELECTRIC BB 1.00 FUEL SOURCE 3 ELECTRIC 0.95 574,200 285,800 274,700 0 0 560,500 9/24/2020 1:33 pm SEQ #: 2,232 CLASS I CLASS% I DESCRIPTION BN ID I BN CARD 1010 100 SINGLE FAMILY 1 1 of 1 1 PMT NO I PMT DT TY DESC I AMOUNT 11 INSP BY 1st % 423 NP 06/12/2012 7 12 ALTERATIONS CYCLICAL NON 1,000 01/31/2013 08/17/2007 MR JH 100 100 100 100 S BAT J T I DESCRIPTION I UNITS YB ADJ PRICE RCN + BMU N BSMT UNFINISHED 1,064 40.10 42,669 + BAS L BASE AREA 1,064 1983 185.69 197,577 + EPA N ENCLOSED PORCH 212 51.54 10,927 C AGR N ATT GARAGE 376 29.28 11,008 D WDK N WOOD DECK 279 27.82 7,762 F USF L UPPER STORY FIN 663 1983 130.61 86,596 F21 0 FPL 2S 10P 1 7,212.10 7,212 ODS 0 OUTDOOR SHOWER 1 1,715.70 1,716 TOTAL RCN 374 545 CONDITION ELEM CD EXTERIOR A INTERIOR A KITCHEN A BATHS A HEAT/ELEC A EFF.YR/AGE 11983 / 36 COND 23 23 % FUNC 0 ECON 0 DEPR 23 1% GD 1 77 RCNLD $288,400 10'-0" 1-1556 X 4 X -1N N -IN N 20'-0" II p -IN 1- Z9 4'-6" EXISTING DECK TO BE REPLACED 10'-1 I" \ a / • A/ r iii// ///4 )1/2' (2) 1 *' X STEEL PLA 4' LVL WI! /2" X 9" E HSS 4X4X4' 2J \- TW 24410 \ \ (TYP) CsJ, \ \ 2J ��i \ 0 , N 2J \ \ PROPOSED \\ DINING 2 8' H554X4X4' TW2446 \ \ \ REBUILD SUNROOM 4'-6" TW2446 4'-6" f 9'-0" ± NEW TW2446 U 3K,2J 0" 3 -0 SHIP LAP THIS WALL t— d TRUSS= (2) 1 4" X 9 4" LVL W/ X 9" STEEL PLATE WELDED @ RIDGE TO FORM RIGID TRUSS FRAME TO SUPPORT HIPS $ SHORT RIDGE REMOVE WINDOW FILL IN EXISTING GARAGE LJ 20'-0" 10-0" m U 3K,2 1r I VELUX M08 I FIXED SKYUTE • NEW KITCHEN 4'-4" 3'-10-2" ISLAND 13'-1 1" REF. 7 4X6 NEW 8068 m (2) 1 4" X 9 4' HEADER NEW 36" REMOVE SLIDER $ FILL IN C.O. N CO EXISTING DINING TO BECOME PART OF LIVING AREA EXISTING LIVING REPLACE EXIST. REPLACE EXIST. 4 X 6 POST LEAVE WALL FOR EXIST'G PLUMBING OR MOVE STACK IF POSSIBLE R ALL SMOKE - CO DETECTORS TO BE BROUGHT UP TO CODE. ADD HEAT DETECTOR IN GARAGE AS REQUIRED PSL EXISTING MUDROOM NEW TILE FLOOR REMOVE DOOR * WINDOWS REUSE WINDOW UPSTAIRS --tee i \ REMOVE WALL- REPLACE WITH W 10 X 30 FLUSH SEAM WITH NO POST OR (2) 14"X 118°LVL W/POST @ ISLAND REPLACE EXIST. 34'-0" b -NEW- - CL0SET D: EXISTING BEDROOM REPLACE EXIST. d JD NEW 30" DO 4X6 NEW 3 DOG l'-6" ()ORS NEW 3 DOG 5D NEW V TILE FLOOR 5' B.F. r REMOVQ W LLS * REPLACE AS SOWN F. REMODEL BATHROOM X 4' TILE FLOOR OWER REPLACE EXIST. SAFETY GLASS 7 REPLACE I EXIST. 1 :SMOKE CO DETECTOR :SMOKE DETECTOR :HEAT DI: FECTOR 10-0" PROPOSED FIRST FLOOR PLAN SCALE 4" = I'-0" REPLACE EXIST. REPLACE EXIST. 0o O, r r ti ti r ti r ti '• 12 Q 3 I/2" 12 Q3 r 1 1 L I RYderilcnx SURVEYING ENGINEERING HOME PLANNING & DESIGN PROPOSED ADDITION/RENOVATION FOR: JANET $ RICK ROSS IN: BREWSTER, MA. SCALE: NOTED ON: 3 I ROBBI NS HILL ROAD DRAWN BY: BAM DATE: REVISED: 4/22/20 JOB #- 11385 520 S.F. PROPOSED ADDITIONS 3 GIDDIAH HILL ROAD P.O. BOX 439 SO. ORLEANS, MASSACHUSETTS 02662 TEL: 508.255.8312 FAX: 508.240.2306 ryder—wilcox.com ALL MATERIALS AND METHODS OF CONSTRUCTION SHALL CONFORM DRAWING NUMBER: TO THE MASSACHUSt 115 STATE BUILDING CODE.ABSENCE OF SPECIFIC ITEMS FROM DRAWINGS DOES NOT RELIEVE ANY PARTY FROM CODE REQUIREMENTS. A 1 OF 4 EXISTING LEFT ELEVATION 1 r C II r 1 19'-0" EXISTING DECK 8'-0" 33'-0" 22'-0" EXISTING GARAGE r L EXISTING BREEZEWAY 10'-0" 1-r rr ,� LL JJ EXIdTING SUf POOM 6" STEP DOWN ++ it [L JJ 11 -I-4- I I II 8'-0" 9 N EXIST! EXISTING DINING VG LIVING II 34-0" 0 0 LJ lJ EXISTING KITCHEN EXISTING BEDROOM n EXISTING LAUNDRY W if EXISTING BATHROOM • 0 0 N 0 oo 0 10'-0" EXISTING EI RST FLOOR PLAN 00 r 0 7 r r EXISTING FRONT ELEVATION i i -; On r 1 r 1 EXISTING REAR ELEVATION EXISTING RIGHT ELEVATION SCALE 1/8" = I'-0" RYder ilCox SURVEYING ENGINEERING HOME PLANNING & DESIGN EXISTING CONDITIONS PLAN FOR: JANET $ RICK ROSS IN: BREWSTER, MA. SCALE: NOTED DRAWN BY: SAM DATE: 1/25/2 I ON: 3 I ROBBI NS HILL ROAD REVISED: JOB #` I 1385 SCALE 4' = 1 '-0" 3 GIDDIAH HILL ROAD P.O. BOX 439 SO. ORLEANS. MASSACHUStIlb 02662 TEL: 508.255.8312 FAX: 508.240.2306 ryder—wilcox.com ALL MATERIALS AND METHODS OF CONSTRUCTION SHALL CONFORM TO THE MASSACHUStI IS STATE BUILDING CODE.ABSENCE OF SPECIFIC ITEMS FROM DRAWINGS DOES NOT RELIEVE ANY PARTY FROM CODE REQUIREMENTS. DRAWING NUMBER: A I OP I 0"11oflW 1111111110 IS Eq'bT4sS 4 Of B9F • lc 3 ,1 i Iriii O//////lllllllll fIII611111\\\\\\\�� APPLICANT/OWNER: REPRESENTATIVE: MAP/LOT: PROPERTY ADDRESS: Received from: Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov DEPARTMENT REVIEWS Application #21-09 Janet L Ross & Rick Ross Rick Ross Map 49, Lot 49 31 Robbins Hill Rd Building Department Comments received from Victor Staley, Building Commissioner • The applicant for Case #21-09, 31 Robbins Hill Road is properly before the Board for the proposed reconstruction of a nonconforming structure. • This portion of the building is nonconforming pursuant to MGL Chapter 40-A, Section 7 where a setback violation occurred over 10 years ago and no resulting violation notice was recorded at the Barnstable County Registry of Deeds. Conservation Corn. Comments received from Noelle Aguiar, Conservation Administrator • This property does not appear to be within the jurisdiction of the Conservation Commission so there are no comments to add Fire Dept. Comments received from Chief Robert Moran • The Brewster Fire Department has no issues with this application. Historic District Corn. Comments received from Sara Provos, Senior Department Assistant • The HDC approved this project via Application #H-12-20-194 Police Dept. Comments received from Lt. George Bausch • The Brewster Police Department has no issues with this application. Health Dept. Comments received from Amy von Hone • Per Health Department review, the replacement of the existing sunroom and deck will not impact the existing 2014 Title 5 septic system servicing the existing house. www.brewster-ma.gov Page 1 of 1 3/4/2021 #21-10 Applicant: Joshua Schiff 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 # 1' /0 Date + Time Stamped By Town Clerk Kt:_W_ : :,.. �:;;; %Lick:. SPECIAL PERMIT APPLICATION - Special Event Venue Use VENUE lN'vL"JRMATION Applicant/Property Owner: Joshua Schiff Street Address: 3038 Main St. Brewster, MA 02631 Mailing Address: 297 Shore Rd. Chatham, MA 02633 Business Name: Chatham Bars Inn Farm (CBI Operations LLC) EVENT INFORMATION Date(s): 5/13, 5/19, 5/27, 6/5, 6/7, 6/13, 6/19, 6/21, 6/28, 7/5, 7/8, 7/9, 7/12, 7/14, 7/15, 7/19, 7/21, 7/22, 7/26, 7/28, 8/2, 8/5, 8/9, 8/16, 8/19, 8/21, 8/26, 9/1f 9/18, 9/24, 10/7, 10/14, 10/21. 11/4, 11/11, 11/18 Maximum Number of Guests Anticipated: 40-150 (Dependant on currrent COVID-19 regulations) Estimated Number of Vehicles at One Time: 12-20 (Not exceeding # of defined parking spots) Proposed -',ours: 4PM - 10 PM Open to Public lr'Invitation Only V Test Use: Yes (if yes, then obtain a permit from the Building Department) No ❑ FOOD, ALCOHOL ` \?MEAT Will there be food offered: Yes ✓No ❑ (If yes, then applicant shall obtain a food service permit from the Health Department) Will there be alcohol drinks* offered? Y& -;✓No ❑ (If yes, then applicant shall obtain a separate, one -day liquor license from the Select Board) Will there be entertainment* provided? Yes No (if yes, a separate entertainment license shall be obtained from the Select Board) *The Liquor and Entertainment licenses may be obtained in one meeting at the Select Board SUBMIT WITH APPLICATION Phone: 1-773-744-9693 Map: Lot: Email: jschiff(a�chathambarsinn.com • Narrative describing the proposed event(s) • Scaled site plan indicating property boundaries, existing building locations, driveway, proposed parking, location of event activity and location of portable sanitary facilities (if applicable) ?ONING BOARD OF APPEALS Special Event Venue Procedure 1. Applicant submits a completed application to the Zoning Board Clerk with appropriate supporting documents as indicated on application. 2. Application and supporting documents will be distributed to municipal departments including (but not limited to) Health, Building, Fire, Police, Conservation, Natural Resources and Planning for comments. 3. If applicable, municipal departments shall advise the Zoning Board on affecting rules and regulations concerning the proposed special event. 4. The Zoning Board will hold a hearing to consider the application. 5. Special Event permits shall expire on the last day of the calendar year of issuance. 6. Special Event permits shall run with the original applicant. If there is a change in property ownership or applicant then a new permit shall be required. 7. Special Event permits, when issued, comes with the understanding that the Zoning Board has the option to call a hearing to review a Special Event permit upon: a. Any change of use or nature of use, or b. Any traffic problems that arise, or c. Any other unforeseen concerns that are raised that warrant attention. d. Notification of violations of the terms of the Special Event permit: This hearing would have full rights to amend or revoke the original Special Event permit. 8. The Zoning Board has full authority to condition the Special Event permit. Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am — 4:30 pm Monday - Friday. Completed application packages include twelve (12) copies of the following: • APPLICATION ■ SITE PLAN (to scale) ■ ASSESSOR'S MAP SHOWING THE APPLICANT'S LOT ■ CHECK IN THE AMOUNT OF THREE HUNDRED ($300) DOLLARS Please also provide one (e) pdf or electronic copy of the completed application package. An Abutter's List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, this petition will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted of the Meeting Board on the main floor of the Town Offices. Please be advised that it is improper for the Chairman or any member of the Board of Appeals to give legal advice or to discuss the merits of any petition prior to the public hearing. Any Decisicn of the BOA may be appealed to Superior Court, Land Court or District Court within twenty (20) days from thetime that the decision is filed with the Town Clerk. CBI Farm Specozil Permit Application (2021) Narrative Description of Proposed Events Chatham Bars Inn Farm 3038 Main St., Brewster MA 02631 After a successful second season of events, The Chatham Bars Inn Farm would like to request 36 event permits for events to be held at the farm for the 2021 season. The Chatham Bars Inn will submit all necessary permits on a per -event basis (including catering license and one day liquor license). Entertainment will be limited to acoustic performances only, with applications sought for events that will feature performers. All tenting and tent permitting will be handled by Chase Canopy or Sperry Tent. Transportation to and from the hotel will be offered to limit traffic concerns, with the option for individuals to park in our on -premises parking lot for those with accessibility concerns. Transportation will be provided by Cape Destinations. Valet assisted self -parking will also be available for larger events. The menu will be centered on locally grown produce sourced from our own farm and procured from local vendors. We look forward to building a stronger connection with the community and highlighting the importance of local agriculture with these events. Events will be both public and private. The majority of scheduled events will be private and smaller in size. Public events will be available to Brewster residents, hotel guests and the community at large. All necessary COVID related precautions will be implemented in accordance with guidance provided by the state of MA and local health department, including social distancing procedures, cleaning and disinfection protocols, mask wearing, contact tracing documentation and limitations regarding the size of events. We understand the shifting nature of these guidelines and are committed to providing a safe and healthy environment for our guests. TEST HCCE LO GS s1san0 c611.12n445 �aJ -7i 44LL K CP 677 * 2. • PFER3Kss TITLE 5 SITE PLAN 3038-3044 MAIN STREET B IEW STE R, MA PR IROAM .0E191 surP4 ds: '49L1tllor a%d 1' y ),.15 1-21"1`9% Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov DEPARTMENT REVIEWS Application #21-10 APPLICANT/OWNER: Joshua Schiff REPRESENTATIVE: MAP/LOT: Map 101, Lot 26 PROPERTY ADDRESS: 3038 Main Street Received from: Building Department Comments received from Victor Staley, Building Commissioner • The application identifies the incorrect affecting Sections of the Brewster Zoning Bylaw. The appropriate identifier of the Brewster Zoning Bylaws is Article VI, Table 1, Commercial, Item #15 rather than Article 20, Section 5, Item #16 noted in the application. • I would refer the Board to the definition of Licensed Special Event Venue Use relative to the word "infrequent" and to the history of the adoption of Special Event Venue Use. Attachment. Conservation Corn. Comments received from Noelle Aguiar, Conservation Administrator • This property does not appear to be within the jurisdiction of the Conservation Commission so there are no comments to add Fire Dept. Comments received from Chief Robert Moran • The Brewster Fire Department has no issues with this application. Historic District Corn. Comments received from Sara Provos, Senior Department Assistant • This is within the OKH but will only require an application if a structure or sign is erected as part of the special event. Police Dept. Comments received from Lt. George Bausch • The shift Sergeant will evaluate parking during the events. Health Dept. Comments received from Sherrie McCullough • At this time, all event venues to be conducted in Brewster must meet the MA Department of Public Health and MA Governor's COVID-19 Orders effective during the dates of the planned events. Currently, events and gatherings are limited to a maximum of 25 people in an outdoor setting. Gathering limits effective March 22nd, subject to public health data, may increase to 150 in an outdoor setting. Prior to final approval, the Health Department requires another review at least one month prior to the May 13, 2021, event start date to confirm the state COVID orders in place at that time and to confirm if the events fall within the parameters of the state orders. Additionally, a detailed plan/sketch of the events describing the proposed COVID safety protocols is to be submitted to the Health Department for review and approval. • The Health Department has concerns related to the increased number of events planned for 2021, as it relates to food permitting for the events as well as Title 5 septic capacity. • In the past, the events have been permitted for food service under a "Temporary Food Service Establishment Permit". This permit is designated for a food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or www.brewster-ma.gov 3/4/2021 Page 1 of 2 celebration. The proposed increased number of events requested is expanding on the intent of the state food codes definition of a "Temporary Food Establishment". If Chatham Bars Inn food establishment is a licensed Caterer, events could be covered by submitting a Caterer's Registration Form in lieu of a Temporary Food Service Establishment Permit. • The increased number of events raises the question of septic capacity of the existing system servicing the farm stand. The existing system was designed for retail flow with very low capacity. Confirmation is needed as to whether or not the farm stand bathroom facilities will be used for these events or will portable toilets be provided. The increased volume of use related to the increased number of events may not be meeting the intent of the current septic system design. • Lastly, if the farm stand will be offering products other than whole farm products (fresh uncut fruits and vegetable, unprocessed honey, maple syrup, and farm fresh eggs stored below 45 degrees) it will need to be properly licensed as a Retail Food Establishment. www.brewster-ma.gov Page 2 of 2 3/4/2021 #21-11 Applicant: Thomas R. Meyer and Susan E. Meyer Oco 9F,R1, zQ _ + „ ,11 FE$ RP Of pi N41 M IlI1U11O� Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov ZBA CASE FILE # APPLICATION FOR BREWSTER ONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) NAME OF APPLICANT Thomas R. Meyer and Susan E. Meyer REPRESENTATIVE Marian S. Rose, Law Office of Singer & Singer, LLC PHONE NUMBER 508-398-2221 MAILING ADDRESS do Law Office of Singer & Singer, LLC - P.O. Box 67, Dennisport, MA 02639 PROPERTYADDRESS 361 Slough Road, Brewster CURRENT PROPERTY OWNER(S) Thomas R. Meyer and Susan E. Meyer REGISTRY OF DEEDS TITLE REFERENCE BOOK 30860 CERT. OF TITLE # 214504 PLAN # Plan Book 375, p 97 and Plan 38473 - A TOWN MAP # 11/50 LOT # 2 PAGE 286 LAND COURT # 1,333,149 OR ZONING DISTRICT RR YEAR BUILT 1983 STATEMENT OF PROJECT The Applicant seeks permission to raze preexisting nonconforming deck, retaining wall and stairs and construct a slightly expanded replacement deck,stairs and retaining wall within the fifty foot wetlands buffer. S GNATURE OF 81WNER OR AGENT FAR OWNER !•z6.20L DATE NOTE: This petition is NOT COMPLETE until all information is provided. Accuracy of this information is the responsibility of the petitioner. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 1 of 4 DATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other Primary house STREET ADDRESS 361 Slough Road, Brewster MAP # 11/50 LOT #2 ZONING DISTRICT RR YEAR BUILT 1983 List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED See Attachment A See Attachment A See Attachment A See Attachment A Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, Existing is the setback that currently exists on the ground Reauired is the applicable setback required currently in the Brewster zoning bylaw proposed is the setback being requested FRONTAGE: EXISTING LOT SIZE: 22,600 square feet (.519 acres) REQUIRED 200 LOT COVERAGE EXISTING % PROPOSED % ALLOWED % SIZE OF PARCEL 22,600 sq. ft. BUILDABLE UPLAND 21,470 sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE 1,211 sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES 1,127 sq, ft. PROPOSED No change BUILDING HEIGHT: EXISTING Conforming SPECIAL PERMITS: APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 Town of Brewster Zoning Board of Appeals Applicants/Owners Thomas R. Meyer and Susan E. Meyer Property: 361 Slough Road, Brewster, MA Attachment A Nonconformities: Fifty (50) foot wetlands buffer — The existing deck, stairs and retaining wall are within the wetlands buffer. Proposed increase of redevelopment in buffer: 153 sq. ft. (existing 707 sq.ft., proposed 860 sq. ft.) (Including portion of dwelling, deck, stairs, steps, walkway, walls and shower as shown on plan.) SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. 179§25B - See Narrative attached 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 o APPEAL IN ACCORDANCE WITH M.G.L. 40 A, § 8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. ZBA SPECIAL PERMIT/VARIANCE/APPEAL APP. REVISED 10-02-2017 Page 3 of 4 Town of Brewster Board of Appeals Project Narrative Applicants: Susan E. and Thomas R. Meyer Property Address: 361 Slough Road, Brewster The Applicants request a special permit in accordance with Section 179.25B of the Brewster Zoning Bylaws in order to raze a pre-existing nonconforming (as to wetlands buffer but otherwise conforming) deck, stairs and wall and replace the deck with a slightly larger deck and replace the stairs and wall to provide access to the basement level on a lot that is pre-existing nonconforming as to size (40,000 square feet required, 22,600 square feet existing) and to frontage (150 feet required, 0 feet existing). There will be a net increase in square footage of 153 square feet including deck, stairs, steps, walkway and outdoor shower. The proposed work to be done within the fifty foot buffer has been reviewed and approved by the Brewster Conservation Commission. 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 E Assessor's map showing the applicant's lot 2 Building plans, including floor layout, elevations and dimensions ❑ Decision letter from the zoning agent, if applicable /J�1 Et $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 $25.00 or downloaded without charge from The Town of Brewster e -code website: http://www.ecode360.com/BR1068 Any Decision of the Board of Appeals may be appealed to Superior Court, Land Court or District Court within twenty (20) days from the time that the decision is filed with the Town Clerk. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 4 of 4 Edge. of Pavement Bulldings Parcels Town Boundary MA Highways ::,1 Interstate :i US HighwayY Numbered Routes Abutting Towns Bathy0 5 ft s...:r:.5-10 ft "'m:_`910-15 ft 15-20 ft @'I 20-30 ft NM 30-4D ft EN 40-50 ft NMI 50-60 ft Streets N The data shown on this site are provided for Informational and planning purposes only, The Town and Its consultants are not responsible ler the misuse or misrepresentation of the data, 150 300 ft Printed on 01/26/2021 at 11:06AM MapsOnline by PeopleGIS January 17, 2020 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER; MA 0261 PHONE: (508) 896=3701 f xr 1125 FAX: (508) 896-8089 EMAIL: BUILDING@BREWsTER-MA.GOV WWW,BREWSTER-MA:GOV Thomas and Susan Meyer 7 ivorthstar Drive• Troy NY 12180 OFFICE OF BUILDING DEPARTMENT Re: 361 Slough Road, Identified on Assessors Map 11 Lot 50 Dear Mr, and Mrs. Meyer, If has come to my attention that you are proposing to demolish an existing deckfand reconstruct a larger deck in its place atyour property noted above. Please be aware that you Will need to obtain a Special Permit from the Board of Appeals pursuant to BrewsterZon_ing Bylaw, Section 25$ for this deck expansion. Whereas the current deck is closer to the wetland/pond than therequired fifty (50) foot setback identified in the Brewster Zoning Bylaw,.Table 2 - Note 4 it is classified as=a pre-existing non‘ conforming structure. In order to extend a non conforming structure, the Board of Appeals must first review -the -proposal for a Special Permit pursuant to Section 2513. Once a Special Permit has been obtained and recorded, the Building Department can act upon a building permit application for this deck replacement if youhave any questions, please do hesitate to contact me. cc: Board of Appea Is Vs/sp Bu ldingtommissioner LEGEND Existing Contour ley\ Proposed Contour x 37.5 Existing Spot Grade Proposed Spot Grade w Water Service ohu — Overhead Utility Line(s) u— Underground Utility Une(s) 9 Cos Line • Concrete Bound (CB) rEE rcb 1 50 48 46 44 42 40 38 36 34 32 30 28 26 24 22 20 0+00 Utility Pole Catch Basin Fire Hydrant Tree or Hedge line 0+10 0+20 Approximate Location of Existing Septic Components per the Inspection form on file with the \i- DBrewster Board of Health 0+30 PROFILE A -A Scale 1" = 10' 0+40 0+50 CB Fnd. U.P. 48.5 Existing 4 Bedroom Dwelling Ridge EL=71.9 1st Fl. EL. -49.4 T.O.F. El=48.4 Walkout EL.=41.0 CRB Fnd. 'O) BENCHMARK' Top of Concrete Monument - Elev.=49.61 NGVD29 Approx. 13j 100 Ft. from Top of Bank 49.4 �n 49.3 %27,4 Upland to Top of Bonk=21,470 S.F.f CRB Fnd. ;„ /, P /,' Computed Area=22,600 S.F.f or 0.519 Ac.± )27.4 4 e, 27.7 II 27.5 Existing Aluminum Dock /J '' 0 20 40 60 ,,, ,e \" o Brewster, Mass. 0 Pine ° c, ad Rd Feather Pond i Fohd tz od Qo it se'Ye LOCUS PLAN ZONING REQUIREMENTS Zone R —R Front Yard Setback 40 Ft. Side and Rear Yard Setbacks 25 Ft. Maximum Building Coverage 15 % Assessors' Map 11, Parcel 50-0 OWNER OF RECORD: Thomas R. Meyer Susan E. Meyer Certificate N. 214504 Land Court Plan 38473—A Plan Book 375, Page 97, Lot 2 BUILDING COVERAGE Existing Dwelling 1,211 S.F. Or 5.6 % THOMAS MEYER SUSAN MEYER CLARK ENGINEERING LLC 156 Crowell Road Suite B, Chatham, MA. 02633 Tel.: (508) 945-5454; Fax.: (508) 945-5458 EXISTING CONDITIONS PLAN 361 Slough Road, Brewster, MA Rev. , Description of Revision Date Date: 09-12-2019 Scale: 1" = 20' Drawing No.: Sheet No.: 1583010A 1 of 1 1 1 (i : : • t IL, l• Lip. 1_,_ t_ylir_6 _i.i1 ct Y ■■M■ 1 , 44Pr. of rir 3.tt— t ■■1■ 17 ; y ' k t T tl : it 11 y ?+'li� 11 y(' 1 I)II 3 Iiit 1...ii' l1i 1) 113I 3ilr ii t E3 €I ✓) IiE i i � i tl . )� 1 �t E -'211 1:''''CJ ' t 1 4l11' 'it' h lty. 'iri 1 14'i"I#'':i'L _ii�ti it 1 'I tE . t..i�)':�;E-.,4!,,- l�lV E:0 1755.1i iLtl: ii Ti�iiia t <: t.t- 1 1. ■ ._ :. III MI 14.i f'twrr s i-i i. Ts. Za'ii'ii�' �s' iOAS ���3'NNW _ .-{rte MI ••! �Eim� i�S nn.1a. �1I...Hfm..Itsiainn •t n l.�IIRIfft=iLtim11 r! O - :::::::=.7. 'Zi - - ----:.=..-.12X15 _ .. - '- DE DEC-K. 1 r - - -- \ b _O - m r I t1l\� ` �- - } `• \ p r -I Bc2Wt�__ J1P p cad i i �i \ \• U \\ 1 3 i \ ' t4 p~p \ \/ I Tj l ,.• U U M /\ a Oa O d o 0 KITCHEN BEDROOM �1 DINING O P s .°Y" \ N _; U _ •UP. ....' .I. • -r -1I I DOWN c�.o.� '` �' I. _ '0 I/4" y t EES.E_ ' r__33__� � ii `-=� E : _33== ==?3___ __St_`_Ep a a� NM Or onmxwsE NOTED) -WS /, LIVING - - BEDROOM BEDROOM ,l .. UP \/ CLO. - UP • �J1 3 e M N EXISTING FOUNDATION PLAN 11 1 W 0 O EXISTING 1ST FLOOR PLAN tCALE: v4' • I -C • SCALE, V4• • 1'-0• ��,■ -'r® Ce .■■■■■■ / z _1 1_ ._r G 1-1 DOIN MASTER II Ocnce 1 CO LL ATTIC -- CLOSET II R / /// / % / Thursday, September 12, 2019 EXISTING SECOND FLOOR PLAN EXISTING CONDITIONS EC2 0 FT TO 50 FT. CONSERVATION BUFFER COVERAGE (Area=10,982 SF.) Existing Dwelling Existing Deck Existing Steps,WalkWays & {Falls TOTAL or Existing Dwelling Proposed Deck & Stairs Prop. Steps, Walk Way, Walls & ShoWer TOTAL or Net Increase 293 S.F. 194 S.F. 220 S.F, 707 S.F. 8.4 X 293 S.F. 327 S.F. 240 5.F, 800 S.F. 7.8 R,' 153 S.F. 50 FT TO 100 FT. CONSERVATION BUFFER COVERAGE (Area=8,004 S.F.) Existing Dwelling Existing Steps & Walk Existing Drive TOTAL or Existing Dwelling Proposed Deck Proposed ShoWer & AC Proposed Patio Proposed Drive TOTAL or Net Increase 50 48 46 44 42 40 38 36 34 32 30 28 26 24 22 20 0+00 0 Cr 0 CD 918 S.F. 135 S.F. 761 S.F, 1,814 S.F. 22.7 X 918 S.F. 114 S.F. 24 S.F. 422 S.F. 642 S.F. 2,133 S.F. 25.5 X 305 S.F. CRB Fnd. BUILDING COVERAGE Existing Dwelling 1,211 S.F. or 5.,6 A' 0+10 0+20 0+30 PROFILE A -A Scale 1 " = 10' BENCHMARK:: Top of Concrete Monument Elev.=49.61 NGVD29 Approx. Approximate Location of Existing Septic Components per the Inspection form on file with the Brewster Board of Health CB Fnd. U.P. Proposed Underground —r <P-5,� Utilities " �^ Proposed Lamp Post Lot 1 Proposed Underground Gas Service 0+40 CB Fnd. Existing 4 Bedroom Dwelling Ridge El.=71.9 1st Fl. EL=49.4 T.O.F. El=48.4 Walkout El.=41.0 0+50 0 Proposed Relocation of AC X \ stone \ ♦\/ \ CR 20 Proposed Outdoor Shower 40 60 Proposed Driveway _ Remove & Reconfigure Existing Grovel Driveway i3't / �4 I,! C /•%ii• r ; / • /01 /Il , Existing I Aluminum Dock CRB Fnd. I, // 1 11 / 11 // 11 11 Proposed Silt Fence & Wattles Proposed Patio Proposed Deck Existing Deck & Steps to be Removed Proposed Basement Access Existing Wall & Stairs to be Removed & Replaced Proposed Walkway over Existing Gravel Footpath �•) 4‘" Upland to Top of Bank=21,470 S.F.± Computed Area=22,600 SF.f or 0.519 Ac.f I hereby certify that the existing structures and physical features depicted on locus as shown hereon ore located as they exist on the ground. Date P.L.S. LEGEND x 37.5 W— ohu — ac Q Existing Contour Proposed Contour Existing Spot Grade Proposed Spot Grade Water Service Overhead Utility Line(s) Underground Utility Une(s) Gas Line Concrete Bound (CB) Utility Pole Catch Basin f7re Hydrant Tree or Hedge Une N Brewster, ------=‘, o =__>_ Mass. AR d. Pine Pond , go^d /P^e d ii R°a ea Vvweh LOCUS PLAN ZONING REQUIREMENTS Zone R —R Front Yard Setback 40 Ft. Side and Rear Yard Setbacks 25 Ft. Maximum Building Coverage 15 A' Assessors' Mop 11, Parcel 50-0 OWNER OF RECORD: Thomas R. Meyer Susan E. Meyer Certificate N. 214504 Land Court Plan 38473—A Plan Book 375, Page 97, Lot 2 THOMAS MEYER SUSAN MEYER CLARK ENGINEERING LLC 156 CroWell Road Suite B, Chatham, MA. 02633 Tel.: (508) 945-5464; Fax.: (508) 945-5458 OUTERMOST LAND SURVEY, INC. 46 Main Street, Brewster, MA 02631 Tel.: (508) 255-0477 SITE PLAN 351 Slough Rood, BreWster, MA Rev. / Description of Revision Date Reduced the size of the deck. added patio in 50-100 setback Added new underground utilities 10-09-20 2 12-28-20 3 Added lamp post & AC condenser 01-06-21 Date: Scale: 02-25-2020 1" = 20' Drawing No.: 15830108 Sheet No.: 1 of 1 I:. III PBTo,Whuit: Tig -Do .4.57:a.; 0 Ill ✓ I-rt ✓ rrr D - 4 z J JER 0 0 N m itl - 4 m r m x\ Y 'I 0 z pl H H A TO U 0 m m 0 0 z 0 z II PI • R, MEW D 4® 1I1R ® lullllulll-T I ■■ ■. MN NM MM IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII .. . ,:_. ..,.IIIIIII ■ a.„.v0 ilobI 1' n F 6 } TOM AND SUE MEYER 361 SLOUGH ROAD BREWSTER MA. 02631 g 0 RICK ROY CONSTRUCTION 123A Qu een An ne Road H arwich, MA 02631 508-432-6840 508-432-4814 FA X rroycon@comcast.n et - (1 .0 6 Q C1 C1 0 7C - O ✓ z TOM AND SUE MEYER 361 SLOUGH ROAD BREWSTER MA. 02631 1 RICK ROY CON STRUCTION 123A Qu een A nn e Road Harwich, MA 02631 508-432-6840 508-432-4814 FAX rroycon@comcast. net (3)2X10 BF 4 PT BEAM OW 2X10 PT JOISTS® 16" OC H2,5A U210 ( r �9 r 0 -L ll / gg LEDGER LOK'e r ;2) EVERY 16" OC./ 1 8 /2X8 PT JOISTS. E / PROPOSED DECK FRAME SCALE. 54' EXISTING EXTERIOR WALL LEDGERLOK TO FACE OF BUILDING W/2 PER FOOT SIMPSON U2I0 OUTDOOR SHOWER PLAN SCALE: 1/211 1X6 GREY TREX DECK, WIRE RAIL SYSTEM TO MA, CODE, MANUF. TBD. 2X10 PT JOIST 916" OC, SIMPSON U210 I' CANT. (3) 2X10 BEAM ACS TOP CAP PT 6X6 POST ABU66 1 ABU66 W/5/8" DIA, ANCHOR BOLT tgV 10" CONC. PIER W/BIGFOOT BASE nq 4' BELOW GRADE TYP. J L DECK SECTION SCALE: 1/2" = 11-0" RICK ROY CONSTRUCTION 508-432-4814 F rroycon@comca 1/4" = MLE5S Ofl. A$SE NOTED) Thursday, January 1, 2021 A3 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) Tel: (508) 398-2221 Fax: (508) 398-1568 www.singer-law.com Brewster Board of Appeals Case File # 21-xx SUMMARY OF REASONING Susan and Thomas Meyer [collectively "Applicants"] own the property at 361 Slough Road in Brewster ["Property"]. The Property, which is located in the R -R Zoning District, is pre-existing nonconforming as to lot size and frontage and conforming as to property line setbacks. It is located on Walker's Pond, and the existing single-family dwelling is partially within the fifty -foot wetlands buffer and, as such is pre-existing, nonconforming. The rear deck, stairs, outdoor shower and retaining wall, where the majority of the proposed work will take place, are entirely within the wetlands buffer area. The only additional work needing relief from the Board, the outdoor shower, straddles the fifty -foot buffer, with part of the shower within the fifty -foot buffer and part within the fifty to one -hundred foot buffer. A proposed patio and reconfigured driveway are outside of the fifty -foot buffer and conforming as to property line setbacks. The Applicants request a special permit in accordance with Section 179.25B of the Brewster Zoning By -Laws in order to replace a pre-existing nonconforming (as to wetlands buffer but otherwise conforming) deck, stairs and wall with a slightly larger deck, outdoor shower, reconfigured stairs and wall to provide access to the basement level, and gravel 1 walkways connecting the deck to the existing stairs to the dock on Walker's Pond. The lot is pre-existing nonconforming as to size (40,000 square feet required, 22,600 square feet existing) and to frontage (150 feet required, 0 feet existing). It is also nonconforming in that a dwelling exists within the fifty -foot wetlands buffer, in contradiction to prohibition found in Footnote 4 of Table 2, Area Regulations, of the Brewster By -Law. Under Brewster Zoning By -Law Section 179-25B, a special permit may be granted for the extension or alteration of a pre-existing nonconforming structure or use if the Board of Appeals finds that such a change, extension or alteration to a structure or use will not be substantially more detrimental to the neighborhood than the existing nonconforming structure or use. Here, the Applicants respectfully submit that the proposal will not be substantially more detrimental to the neighborhood than the existing nonconforming conditions because: 1. The conforming single-family use will remain unchanged; 2. The proposed replacement deck, new shower stall, reconfigured stairs and retaining wall will conform to all front, side, and rear yard property line setback requirements applicable to the Property. The dwelling will otherwise remain unchanged, and, thus, will create no new non -conformities; 3. Building height for the existing dwelling will remain unchanged and conforming; 4. Building coverage (1,211 square feet (5.6%), existing; 1,211 square feet (5.6%) proposed) will be unchanged and conforming (15% maximum allowed); 5. While the proposed work will not increase building coverage, it will increase development within the fifty -foot buffer by 153 square feet (deck, stairs, steps, walkway and outdoor shower). The proposed deck will be, at its closest, thirty feet from Walker's Pond whereas the existing deck is thirty-one feet from the 2 Pond. It was noted in Conservation review that the slight increase in size of the deck discouraged walking between the deck and water because the slope made the area beyond the deck practically unwalkable. Thus, the slight increase in the deck's net effect was to protect the slope to the Pond. The proposed walkways linking the deck to the dock stairs and showers along with the plantings similarly provide protection to the sensitive areas by focusing foot traffic on the walkways rather than earthen paths. The proposed work has been reviewed and approved by the Brewster Conservation Commission. All work will be performed in accordance with the Order of Conditions so that environmental issues will be minimized; 6. There is adequate off-street parking for the continued residential use of the Property, and there will be no decrease in traffic safety; 8. The replacement deck, walkways and outdoor shower will be in keeping with and compatible with the character of the neighborhood. The Property is wooded and is well -screened; 9. There will be no negative impact on water supply or drainage; and 10. The proposal will not adversely affect the public health, safety, convenience or general welfare of the Town. It is respectfully submitted that there will be no detrimental impact, substantially or otherwise, to the neighborhood. For all of the above reasons, the Applicants respectfully request that the Board make a finding that the proposal will not be substantially more detrimental to the neighborhood and grant a Special Permit to allow the proposal to be completed as shown on the plans. 3 www.brewster-ma.gov Page 1 of 1 3/4/2021 DEPARTMENT REVIEWS Application #21-11 APPLICANT/OWNER: Thomas R. Meyer and Susan E. Meyer REPRESENTATIVE: MAP/LOT: Map 11, Lot 0 PROPERTY ADDRESS: 361 Slough Road Received from: Building Department Comments received from Victor Staley, Building Commissioner  The applicant noted above is properly before the Board of Appeals to alter and extend a pre- existing deck and wall system. Please see attached. Conservation Com.Comments received from Noelle Aguiar, Conservation Administrator  This property is within the jurisdiction of the Conservation Commission and a permit has been issued for the work as proposed. Fire Dept.Comments received from Chief Robert Moran  The Brewster Fire Department has no issues with this application. Historic District Com.Comments received from Sara Provos, Senior Department Assistant  This does not fall within the OKH, therefore nothing is required from the HC. Police Dept.Comments received from Lt. George Bausch  The Brewster Police Department has no issues with this application Health Depart. Comments received from Sherrie McCullough  The proposed work will not be adding habitable space nor will the work encroach upon the existing septic system thus this department has no further comments. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov #21-12 Applicant: Saumil Patel 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 # p?% APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ ZBA APPEAL APPLICATION Date + Time Stamped By Town Clerk E' L' i 1 ! I Ci NAME OF APPLICANT Saumil Patel REPRESENTATIVE PHONE NUMBER 617-669-9148 MAILING ADDRESS 2771 Main St, Brewster, MA 02631 E- MAIL ADDRESS saumil5691@gmail.com PROPERTYADDRESS 2771 Main St, Brewster, MA 02631 CURRENT PROPERTY OWNER(S) G&B Patel LLC REGISTRY OF DEEDS TITLE REFERENCE BOOK 29393 CERT. OF TITLE # PLAN # MAP # 90 ZONING DISTRICT VB LOT # 99 LAND COURT # PAGE 127 OR YEAR BUILT 1950 FLOOD PLAIN AE STATEMENT OF PROJECT Addition on the second floor of the mixed -use building. Match existing roofline and add dormers. VE PTV SIGNATURE OF OWNER OR AGENT FOR OWNER 1/26/2021 DATE NOTE: This petition is NOT COMPLETE until all information is provided. Accuracy of this information is the responsibility of the petitioner.( Initial ) CP 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 Mixed Use STREET ADDRESS 2771 Main St, Brewster, MA 02631 MAP # 90 LOT # 99 ZONING DISTRICT VB YEAR BUILT 1950 List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED FRONTAGE EXISTING REQUIRED LOT SIZE Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, Existing is the setback that currently exists on the ground Required is the applicable setback required currently in the Brewster zoning bylaw Proposed is the setback being requested LOT COVERAGE EXISTING % 16.8 PROPOSED % 16.8 ALLOWED % SIZE OF PARCEL 56,628 sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE 7,356 sq, ft. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 2 7/19/2018 12:02 PM BUILDING COVERAGE ALL OTHER STRUCTURES 2,160 BUILDING HEIGHT: EXISTING 28 ft SPECIAL PERMITS: sq, ft. PROPOSED 28 ft ® APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN G.L.C. 40A, #9, SECTION 179-51, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. Addition on the second floor of the primary mixed -use commercial building. Addition will be a storage space. Match existing roofline and add dormers. There will be no increase or modification in the building coverage on the parcel. Sole purpose of the addition is to create a symmetric building design. ADDITIONAL COMMENTS: ❑ APPEAL IN ACCORDANCE WITH G.L.C. 40 A:8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 3 7/19/2018 12:02 PM U VARIANCE: in accordance with MGL 40A§ 10 MGL 40A Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that; 1. Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and 2. A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and 3. That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. The Board must find that applications for a variance meet all three findings. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 4 7/19/2018 12:02 PM ZONING BOARD OF APPEALS FILING PROCEDURES Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am — 4:00 pm Monday- Friday. Completed application packages include twelve (12) copies of the following: ■ APPLICATION • PROFESSIONALLY ENGINEERED SITE PLAN • ASSESSOR'S MAP SHOWING THE APPLICANT'S LOT • BUILDING PLANS, INCLUDING FLOOR LAYOUT, ELEVATIONS AND DIMENSIONS • DECISION LETTER FROM THE ZONING AGENT, IF APPLICABLE ■ CHECK IN THE AMOUNT OF THREE HUNDRED ($300) DOLLARS Photographs are recommended. Please also provide one (1) pdf or electronic copy of the completed application package. An Abutter's List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted on the Meeting Board on the main floor of the Town Offices. A copy of the Zoning -By -Law, Chapter 179, is available at the Brewster Ladies' Library. It may also be purchased at the Town Offices for $25.00 or downloaded without charge from www .town . b yews to r. m a. G O V Please be advised that it is improper for the Chairman or any member of the Board of Appeals to give legal advice or to discuss the merits of any petition prior to the public hearing. AFTER YOUR HEARING: Within two weeks a formal decision will be written, signed and time stamped with the Town Clerk. A 20 -day appeal period the follows. If NO appeals are taken, you will receive your final sealed decision, file with Barnstable Registry of Deeds and proceed with obtaining your Building Permit. Any Decision of the BOA may be appealed to Superior Court, Land Court or District Court within twenty (20) days from the time that the decision is filed with the Town Clerk. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 5 7/19/2018 12:02 PM The data shown on this site are prodded for Informational and planning purposes only. The Town a nd ill consultan ts are not responsible for the misuse or misrepresentation of the data. 0 2727 130 260 ft Printed on 01/26/2021 at 12:32 PM 282 // 2 .8'x, `� V Edge of Pavement B uildi ngs I__.I Par cels Town Boundary MA Highways Interstate US Highway Numbered Routes Abutting Towns B athyO 6o ft 5-10 ft L' J 10-15 ft ®15-20ft In 20-30 ft 30-40 ft =40-50 ft MI 50-60 ft Streets MapsOnline by PeopleGIS APCHITCCTIIPC. PLANNING. OCSIGN JANUARY 20, 2021 FACADE RENOVATION 2771 MAIN STREET, BREWSTER, MA EXISTING 1ST FLOOR 5600 SF NO PROPOSED WORK EXISTING 2ND FLOOR 2912 SF 1 ST FLOOR 2ND FLOOR GENERAL BUILDING PLAN SCALE: 1" = 20' 2ND FLOOR ADDITION 782 SF STORAGE AAIDESIGN ,3 MONROE AVE. WOACESTEP.M.16,1 BREWSTER FARMS LOCATION 2771 MAIN STREET BREWSTER, MA PROJECT BUILDING FACADE RENOVATION SHEET NAME 1 ST FLOOR PLAN DATE: 1-20-2021 PROJECT NO: 12-28-2020 REVISIONS: 1 ARCHITECTURE. PLANNING. GE.IG AA ESIGN 43'-0 OE AVE. WORIESTER,E.01602 SE 5415 soo 75.4.55,2 "1111 1r 1 1 1 I 1 \I L_11 UP 8'-48 EXISTING BREWSTER FARMS MARKET 5600 SF NO PROPOSED WORK 81'-2" 1 ST FLOOR PLAN SCALE: 1 /8" = 1' BREWSTER FARMS LOCATION 2771 MAIN STREET BREWSTER, MA PROJECT BUILDING FACADE RENOVATION SHEET NAME 1 ST FLOOR PLAN DATE, 1-20-2021 PROJECT NO, 12-2R-2020 REVISIONS: ARCHITECTURE. PLANNING. OESIG AAUESIGN EXIST. FLAT ROOF 4) MONROE AVE WOREESTER.MA01602 T. OD 754 5415 F. SOO 754 55,2 N EXIST. ROOF EXIST. ROOF EXIST. KITCHEN BATHR. ri EXIST. LIVING RM OFFICE EXIST. FLAT ROOF u G G EXIST. BEDROOM EXIST. BEDROOM 1.1 41 EXIST. BEDROOM EXIST. BEDROOM 60'-10" PROPOSED STORAGE 20'-4" 81'-2" ROOF BELOW 2ND FLOOR PLAN SCALE: 1 /8" = 1 I 02 0 0 M O 0 BREWSTER FARMS LOCATION 2771 MAIN STREET BREWSTER, MA PROJECT BUILDING FACADE RENOVATION SHEET NAME 2ND FLOOR PLAN DATE 1-20-2021 PROJECT NO: 12-28-2020 REVISIONS: 3 ARCHITECTURE. PLANNING. DESIGN 6Dr-10" EXIS11NG 2ND FLOOR "-NEW GABLE ROOF OVER MAIN ENTRANCE PROPOSED FRONT ELEVATION SCALE: 1/8" = 1' 20'-4" NEW 2ND FLOOR NEW ROOF SYSTEM TO MATCH EXISTING ROOF NEW DORMERS NEW WOOD SIDING SYSTEM TO MATCH SIDING ON FRONT OF BUILDING NEW WINDOW AND SHUIItRS TO MATCH EXISTING _ _ _____ ___ _ _ _ _ ,„_. . lis 1 I 1 r: T,,____4=.4... - - I --= EXISTING FRONT ELEVATION SCALE 1 /8" = 1' AADESIGN 1.1 DWE AVG. walla STER.MAeno1 T. RN. s .SAo I. NUR. 54.5397 BREWSTER FARMS LOCATION 2771 MAIN STREET BREWSTER, MA PROJECT BUILDING FACADE RENOVATION SHEET NAME FRONT ELEVATION DATA 1-20.2021 PROJECT NO, 1248-2020 REVISIONS, ARCHITECTURE ',ANSI,. DESIGN AAUEsics NEW GABLEEROOF 0 MAIN ENTRANCE PROPOSED R. SIDE ELEVATION SCALE: 1 /8" = 1' NEW ROOF PITCH TO MATCH EXISTING NEW ROOF SYSTEM TO MATCH EXISTING ROOF NEW WOOD SIDING SYSTEM TO MATCH SIDING ON FRONT OF BUILDING ATTIC 2ND FLOOR 1ST FLOOR S I'I!I , ' 1 1 1 1 1 I I I II 1 ! I � I I ATTIC 2ND FLOOR TJac cYU Nu_ 1 1 1 _I I I I I I I II I I, EXISTING -IOW -LOLL I I EXISTING RIGHT SIDE ELEVATION SCALE 1 /8" = 1' 1ST FLOOR A) MONROE AVE. WOREESTER,MA01.502 BREWSTER FARMS LOCATION 2771 MAIN STREET BREWSTER, MA PROJECT BUILDING FACADE RENOVATION SHEET NAME SIDE ELEVATION DATE, 1-20-2021 PROJECT NO: 12-28-2020 REVISIONS, Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov DEPARTMENT REVIEWS Application #21-12 APPLICANT/OWNER: Saumil Patel REPRESENTATIVE: MAP/LOT: Map 90, Lot 99 PROPERTY ADDRESS: 2771 Main Street Received from: Building Department Comments received from Victor Staley, Building Commissioner • The applicant for the Case noted above is properly before the Board of Appeals to alter and extend a pre-existing nonconforming building pursuant the Brewster Zoning Bylaw Section 25- B. Please see attached. Conservation Com. Comments received from Noelle Aguiar, Conservation Administrator • This property may have wetlands abutting the western boundary. I will check my files to compare abutting properties. If our records indicate any additional information I will send updated comments. Fire Dept. Comments received from Chief Robert Moran • MGL 148 Section 26G states "Buildings of more than 7,500 square feet (aggregate) shall be protected by an automatic sprinkler system. The existing square footage of the building according to the application is 8,512. The addition will add an additional 782 sq.ft., for a total of 9,294. Based on the MA MGL law the entire building will need to be protected by an automated sprinkler system. Historic District Com. Comments received from Sara Provos, Senior Department Assistant • The HDC approved this project via Application #H-1-21-12. Police Dept. Comments received from Lt. George Bausch • The Brewster Police Department has no issues with this application Health Depart. Comments received from Sherrie McCullough • This address is outside the Zone II and is serviced by municipal water. It is a 1995 Title 5 system for a four bedroom apartment with 5,650 sq. ft. of retail space. (plus or minus). There is an existing 1000 gallon grease trap (H-10 rated), a 1500 gallon septic tank (H-10 rated), and an H-10 D -box. The proposed work will not affect the existing capacity of the septic system. • A current Title 5 Inspection is on file dated 5/4/2015. The proposed work will not trigger the need for a new inspection. • Prior to construction plans will need to be submitted to the Health Department for an official Building Permit Waiver Review Sign -Off. www.brewster-ma.gov 3/4/2021 Page 1 of 1 Victor Staley From: Victor Staley Sent: Thursday, January 21, 2021 5:33 PM To: 'saumi15691 @gmail.com' Cc: Sara Provos; Ryan Bennett; Lynn St. Cyr; Amy von Hone Subject: FW: Addition for 2771 Main St, Brewster, Map 90 Lot 99 Attachments: 2771 MAIN ST 1-20-2021.pdf; scan0023.pdf; scan0024.pdf Hi Saumil, I hope that you and your loved ones are doing well through all of these challenging times. Instead of having Lynn be the middle person I figured to answer your question directly. Your property is classified as a pre-existing nonconforming situation. Grandfathered is the general catch term for situations as your property. Current Zoning Bylaws would prohibit having more than one principle building on one property and also having no more than two dwellings on one property. Each of the cottages are classified as dwellings and are therefore principle buildings. Now the construction and use of all of the buildings on this property predated the controlling Zoning Bylaws which makes them pre-existing and in not conforming to current Zoning Bylaws classifies them as nonconforming. The Zoning Bylaws allow the continued use of pre-existing nonconforming buildings but if one of the buildings was to add volume or even things such as a deck system I do not have the authority to act upon a Building Permit application without first verifying that a Special Permit was issued by the Board of Appeals that the addition is not substantially more detrimental to the neighborhood than the existing building (see attached). So it really isn't so much about the use but rather the addition itself. I cannot speak for the Board of Appeals but even if this space was living space or even storage for the store, I personally cannot see that it is creating a substantially detrimental effect on the neighborhood. The second floor addition will comply with the side, rear and front setbacks so long as the attached site accurately reflects the building's position on the lot. The height of the building does not appear to exceed the 30 foot height limitation nor are you adding to the footprint of this building so we do not have to consider lot coverage limitations. So this proposal is complying with all of the dimensional standards identified in the Brewster Zoning Bylaws. Yet it still needs to obtain a Special Permit as discussed above. I believe that you received a Certificate of Appropriateness for a project last March? If it was for this project I would suggest that you submit an email or letter to the Historic District Committee requesting an extension. Or contact Sara in the Building Department for other possible options. Phone number below. Please let me know if you have any questions or if I can be of assistance in any way. Victor Victor Staley Building Commissioner 2198 Main Street Brewster, MA 02631 508-896-3701 xt 1125 Effective December 22, 2020 until further notice: 1 § 179-2 ZONING § 179-2 which access to the individual units is provided by common interior corridors. The individual units do not have cooking facilities. [Added 5-7-2012 ATM, Art. 23] INN — See "lodging house." [Added 5-7-2012 ATM, Art. 23] JUNK — Scrap or waste material of any kind or nature collected or accumulated for resale, disposal or storage. [Added 5-7-2012 ATM, Art. 23] JUNKYARD — Any privately owned space more than 200 square feet in area outside of a building, used for storage, keeping, processing, salvaging or abandonment of junk.[Added 5-7-2012 ATM, Art. 23] KENNEL — An establishment where dogs, cats or other small household pets are boarded for compensation. [Added 11-15-2010 FYTM, Art. 13] LICENSED SPECIAL EVENT VENUE USE — A property, not specifically designed or permitted to be used for infrequent events occurring within a twenty -four-hour period such as, but not limited to, art or theatrical exhibitions, concerts, dinners, parties, and weddings, to be attended by the public, including properties not expressly permitted to be rented for such occasions. Applications for five or fewer events per year must receive a license from the Select Board. Applications for greater than five events per year must receive a Special Permit from the Board of Appeals; provided, however, that such venue has first received a license from the Select Board for such event. Special Permits for Special Event Venue Uses shall be renewed annually. [Added 5-6-2013 ATM, Art. 23; amended 11-13-2017 FYTM, Art. 13; 12-3-2018 FYTM, Art. 11] LOADING SPACE — An off-street space used for loading or unloading not less than 12 feet in width, 30 feet in length and 14 feet in height and containing not less than 360 square feet, including both access and maneuvering area. LODGING HOUSE — A structure originally designed for single-family use which may be converted to provide rooms (not more than 12) for the use of one or more individuals not living as a single housekeeping unit and may provide a common dining facility. It shall include boardinghouse, tourist homes and rooming houses but does not include motels or hotels. LOT — An area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the administrator of this chapter by its owner or owners as a parcel to be used, developed or built upon as a unit under single ownership or control. Any subsequent subdivision of a "lot" into two or more "lots" shall be subject to and conform to all the regulations of the district. Therefore, for purposes of this chapter, a "lot" may or may not have boundaries identical with those recorded in the Barnstable County Registry of Deeds. 179:11