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Home My Public Portal AboutZBA Meeting Packet 10/11/22Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only October 11, 2022 at 7:00 PM This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021,. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258 To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/88076668068?pwd=b3lXWnMwM2tybTk4SzlKMk5vT3NTUT09 enter Passcode 047258 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Zoning Board Brian Harrison Chair Jeff Carter Vice Chair Patricia Eggers Bruce MacGregor Trish Metz 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: ZBACase #22-10 Applicant: Michael and Donna Childers, 569 Satucket Road, Map 23, Lot 5, in the RL zoning district. The applicant requests a dimensional variance pursuant to MGL c. 40A §10 and §179-52 of the Brewster Zoning Bylaw from the minimum side setback requirement to construct a one-car garage. New Applications: ZBACase #22-13 Applicant: 178 Bonnie Doone Cartway, LLC, (represented by Attorney Benjamin E. Zehnder) 178 Bonnie Doone Cartway, Map 102, Lot 13, in the RM zoning district. The applicant requests to amend the special permit granted in ZBA # 21-22 pursuant to Brewster Zoning Bylaw §179-25B to modify the approved driveway access to the property. 6.Matters Not Reasonable Anticipated by the Chair 7.Next Meeting: November 15, 2022 8.Adjournment Date Posted:Date Revised:Received by Town Clerk: 9/27/2022 Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, September 13th, 2022, at 7PM Virtual Meeting Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Jeff Carter, Bruce MacGregor, Patricia Eggers and Trish Metz. Also present: James Hardman, Donna and Michael Childers, Paul Mullin, Robert Perry, representing William and Diane O’Connor 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 August 9th meeting minutes: Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by Bruce to approve the August 9th meeting minutes, Jeff seconded the motion, a vote was taken, and the minutes were unanimously approved. Continued Applications: ZBA case #22-09 Applicant: James A Hardman III & Christine S. Hardman, 217 Wayside Drive, Map 129, Lot 7. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. Mr. Hardman informed the Board that he provided additional documents and photos. They were included in the meeting packet. He provided information regarding the elevation of his property and the reasoning behind the request. He indicated that the proposed addition is 6’ from the property line of 26 Grist Mill Rd. He stated that he spoke to the abutting neighbor, and confirmed he is supportive of the proposed addition. He also informed the Board that the addition would not be detrimental to the neighborhood. The abutting lot is partially in Brewster and partially in Harwich and the lot cannot be subdivided due to the elevation. Brian asked who told him he needed a variance. Mr. Hardman confirmed that no one in the Town informed him he needed a variance, he assumed he needed a variance. Brian asked the Board if a special permit is required rather than a variance. The side setback requires 20’ and Mr. Hardman’s plans show 18’ setback which indicates it is pre- existing non-conforming. Pat Eggers disclosed to the Board she knows the applicant but will be fair when hearing the case. The Board discussed the option to grant a special permit due to the property being pre- existing non-conforming. The Board opened to public input, there being no one from the public to speak or any previous public input, a motion was made to close to public input by Pat and Bruce seconded the motion, a vote was taken, and the Board unanimously approved to close to public input. The Board discussed the lot and abutting lot that is split between Brewster and Harwich. After discussion, Trish made a motion to grant a special permit for ZBA #22-09, Pat seconded the motion, Brian listed the findings in support of granting the special permit, a vote was taken, and the Board unanimously voted to grant ZBA case 22-09 a special permit. New Applications: ZBA case #22-10 Applicant: Michael and Donna Childers, 569 Satucket Road, Map 23, Lot 5. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. The applicants Donna Gorton-Childers and Michael Childers provided background on the project. They informed the Board of the intent to build a single car garage requesting a dimensional variance. They stated the proposed project is not detrimental to the neighborhood. Brian Harrison read the findings that must be satisfied in order to obtain a variance. The applicants informed the Board the original plan indicated there were no issues with the setback requirements. They were informed that it was not a certified survey and the architect who drew up the plans obtained a certified survey which indicated the applicants were 4’ over the setback requirement. Brian informed the applicants that in order to grant a variance they must meet all criteria. Brian suggested the Page 2 of 2 applicants consult an attorney that might be able to advise them on satisfying the criteria for a variance. Bruce asked the applicants if they considered repositioning the proposed garage by sliding it towards the street. The applicants will consult their contractor to redesign the proposed garage. Brian suggested the applicants request a continuance to provide them additional time to consult their contractor. Brian made a motion to continue ZBA case #22-10 until the next meeting on October 11, 2022, Bruce seconded the motion a vote was taken, and the Board unanimously approved to continue to the next meeting. ZBA case # 22-11 Applicant: Paul Mullin, 159 Millstone Road, Map 101, Lot 100. Members present and voting: Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. Paul Mullin, the applicant is requesting a section 9 special permit to add an ADU to his property. Pat Eggers disclosed to the Board she knows the applicant but will be fair when hearing the case. The applicant informed the Board he has an apartment in his basement. He referred to the pictures provided and informed the Board he has a 3-bedroom septic with a two-bedroom house. He is requesting a section 9 special permit for an ADU with a 30,000 sq ft lot. Brian confirmed the comments from the Health Department. Jeff asked about the parking and the applicant informed him there is plenty of parking for at least 4 cars. Bruce asked if Mr. Mullin lives in the house. He informed the Board that he currently does not live in the house but is planning to move in. Pat made a motion to open to public input, Trish seconded the motion and the Board voted unanimously to open to public input. There being no public input, Pat made a motion to close to public input, Trish seconded the motion and the Board voted unanimously to close to public input. Bruce made a motion to grant ZBA case #22-11 a section 9 special permit, Pat seconded the motion, Brian read the section 9 criteria. The Board voted unanimously to approve ZBA case #22-11. ZBA case #22-12 Applicant: William F and Diane O’Connor, (represented by Robert Perry, Cape Cod Engineering), 108 Kingfisher Cartway, Map 91, Lot 11. Members present and voting: Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. Bob Perry representing the applicants presented to the Board the request for a special permit or an alternative a dimensional variance. Mr. Perry provided background on the project, informing the Board that they have approval from the Conservation Commission and will be working with the Health department. The applicants are requesting a raze and replace of the current non-conforming single-family dwelling. The only footprint changes relate to a cellar access and door stoops. He referred to the narrative and the plans provided in the meeting packet. Mr. Perry informed the Board that there have been several surrounding properties that have undergone similar changes. The Board felt the narrative and the plans were very complete. Jeff made a motion to open to public input, Pat seconded the motion and the Board voted unanimously to open to public input. There being no public input, Bruce made a motion to close to public input, Jeff seconded the motion and the Board voted unanimously to close to public input. Trish made a motion to grant ZBA case #22-12 a special permit for the reasons stated in the application, Pat seconded the motion, the Board voted unanimously to approve ZBA case #22-12. Mr. Perry will draft the decision and send it to Ellen. Pat made a motion to withdraw the variance request for ZBA #22-12, Bruce seconded the motion. The Board voted unanimously to withdraw the variance request. Matters Not Reasonably Anticipated by the Chair: Ellen informed the Board that the November 8th meeting will need to be rescheduled due to the election. She suggested to move the meeting to November 15th. The Board agreed to meet on November 15th. The next meeting of the Brewster Zoning Board of Appeals is scheduled for October 11th, 2022. Pat made a motion to adjourn the meeting, Bruce seconded the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. Meeting adjourned at 8:02 pm. #22-10 Applicant: Michael and Donna Childers 569 Satucket Road \\\U111 t l l l I I I I I HUNT pp� oa oWSTF��'%� (508) 896-3701 * 17°(;74C`.;11:1'° E i infilli111 \\6\' o' Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 FAX (508) 896-8089 Pk 11I ION TO WITHDRAW WITHOUT PREJUDICE TO: Board of Appeals RE: Application/Petition No. 22-10 Date: September 28, 2022 OFFICE OF: BOARD OF APPEALS I hereby request the Board of Appeals to permit me to WITHDRAW the above petition without Prejudice and waive my rights under the Constructive Grant sections of M.G.L. Chapter 40A. Applicant/Petitioner/Authorized Agent: / Donna M. Gorton/Childers Approved by the Board: Brian Harrison, Chairman 7 /a' Date #22-13 Applicant: 178 Bonnie Doone Cartway, LLC (represented) by Attorney Benjamin E. Zehnder 178 Bonnie Doone Cartway 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 Date + Time Stamped By Town Clerk ZBA CASE FILE # APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) NAME OF APPLICANT 178 Bonnie Doone Cartway, LLC REPRESENTATIVE Benjamin E. Zehnder PHONE NUMBER (508) 255-7766 MAILING ADDRESS 62 Route 6A, Suite B, Orleans, MA 02653 PROPERTYADDRESS 178 Bonnie Doone Cartway CURRENT PROPERTY OWNER(S) 178 Bonnie Doone Cartway, LLC REGISTRY OF DEEDS TITLE REFERENCE BOOK 34940 PAGE 320 CERT. OF TITLE # N/A LAND COURT # N/A PLAN # N/A TOWN MAP # 102 LOT # 13 ZONING DISTRICT RM STATEMENT OF PROJECT OR YEAR BUILT 1969 (all) Applicant seeks to amend the special permit granted in ZBA No. 21-22 to modify General Condition 19 in order to relocate driveway access to the property from the previously approved located. SIGNATURE OF OWNER OR AGENT FOR OWNER p,7aq/2-o9.y 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 ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 DATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other _________________ STREET ADDRESS ________________________________ YEAR BUILT ___________ MAP # _______ LOT #________ ZONING DISTRICT ___________ List only the nonconformities below:Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ Location is used to identify the setback: I.E. front, back, left side, right side, N-north, S-south, E-east, W-west, Existing is the setback that currently exists on the ground Required is the applicable setback required currently in the Brewster zoning bylaw Proposed is the setback being requested FRONTAGE: EXISTING __________ REQUIRED __________ LOT SIZE: __________________________ LOT COVERAGE EXISTING % __________ PROPOSED % __________ ALLOWED % _________ SIZE OF PARCEL __________ sq. ft. BUILDABLE UPLAND ____________sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE ___________sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES ___________sq, ft. BUILDING HEIGHT:EXISTING _________ PROPOSED _________ SPECIAL PERMITS: 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. 10,137 sq. ft. (proposed) / four buildings *** to amend Special Permit in ZBA No. 21-22 *** four dwelling structures 178 Bonnie Doone Cartway 1969 (all) 102 13 RM 225'150' 412,078 sq. ft. 0.80 2.96 25 412,078 412,078 3,295 (existing) 2,067 approx. 17'29'-11.5" 4 ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ VARIANCES: APPLICATION FOR VARIANCE AS SET FORTH IN M.G.L. 40A, § 10 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE VARIANCE IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. In order to grant a Variance, the ZBA must find all three of the following to be true:  Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and  A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and  That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Applicant seeks approval to modify driveway access to the property under Condition 19 of the special permit granted in ZBA No.21-22,pursuant to Bylaws s.179-25(B).Please see project narrative filed herewith. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 4 of 4 ZONING BOARD OF APPEALS FILING PROCEDURES Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am – 4:00 pm Monday- Friday. Complete application (12 copies) checklist:  Application  Professionally engineered site plan  Assessor’s map showing the applicant’s lot  Building plans, including floor layout, elevations and dimensions  Decision letter from the zoning agent, if applicable  $300 Filing Fee (made payable by check) Photographs are recommended. Please also provide one (1) pdf or electronic copy of the completed application package. An Abutter’s List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted of the Meeting Board on the main floor of the Town Offices. A copy of the Zoning-By-Law, Chapter 179, is available at the Brewster Ladies’ Library. It may also be purchased at the Town Offices for $25.00 or downloaded without charge from The Town of Brewster e-code website: http://www.ecode360.com/BR1068 Any Decision of the Board of Appeals may be appealed to Superior Court, Land Court or District Court within twenty (20) days from the time that the decision is filed with the Town Clerk. *** waiver requested; please see narrative *** 4 4 4 4 - 1 - Project Narrative 178 Bonnie Doone Cartway Assessor’s Parcel ID 102-13 ________________________________________________________________________ August 24, 2022 Prepared by Benjamin E. Zehnder 178 Bonnie Doone Cartway, LLC owns the property at 178 Bonnie Doone Cartway, a 9.46 ± ac. parcel of land in the RM zoning district. The lot was created by deed description prior to 1892 and is improved with four wood-framed cottages built in 1969. There are three separate sets of wooden stairs and landings on the property, as well as miscellaneous internal dirt and brick pathways and three sewage systems. Locus has conforming frontage along Bonnie Doone Cartway and deeded access rights under a 1923 deed from the then-current owner of the cartway land. The property and all improvements are dimensionally conforming under current zoning in the district; the dwellings are pre-existing, non-conforming under Bylaw § 179 Attachment 2 (Area Requirements), Note 1 (only one principal structure allowed on one lot, and under § 179- 6(C)(1) (no residential structures in a Brewster Wetlands Conservancy District). The applicant through its representative Benjamin E. Zehnder applied for and received a special permit in ZBA No. 21-21 pursuant M.G.L. c. 40A, § 6 and Bylaw § 179-25(B) and § 179-51 to alter pre-existing, non-conforming structures and uses, to demolish three of the existing cottages and construct three new single family dwellings with accessory structures. The special permit includes pre-construction, during construction, post construction, and general conditions. General condition 19 concerns entryways off of Bonnie Doone Cartway and provides that: 19. The existing entryways off of Bonnie Doone Cartway to the 178 Bonnie Doone property will continue to be used as shown and widened on the site plan. No additional entryways onto Bonnie Doone Cartway will be created. The entry and driveway to the Treetops property will remain as is. The initial 50-75 feet of the driveway into the larger property will remain as is and will be utilized as the main drive. The new driveway will be merged with the existing driveway approximately 50-75 feet from the existing driveway. A copy of the as-approved site plan showing the entryway and driveway is included with this application. The applicant proposes relocating the entryway and driveway approximately 115' south along Bonnie Doone Cartway from the approved location and changing the internal driveway layout in order to provide better driveway layouts for the individual dwellings, and to provide a single turnaround to serve the two easterly dwellings with enough room in the middle of the turnaround for one of the two new septic systems. - 2 - The applicant submits that the proposal will not be substantially more detrimental than the existing non-conforming residential use in the district, and respectfully asks for amendment of the special permit granted in ZBA No. 21-20 to alter the approved driveway location as shown on the amended site plan filed herewith. Building Plan Requirement Waiver Request: The applicant requests a waiver of the application requirement to file building plans and elevations. There are no proposed changes to any building approved in ZBA No. 21-20 and the plans and elevations from that matter will be available to Board during hearing of this application to amend the decision in that case. As such there would be no benefit to submitting the documents again. – END – 931 SEQ #: 95710/7/2021Key:Town of BREWSTER - Fiscal Year 2022 2:17 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofMULTIPLE HSES178 BONNIE DOONE CARTWAY102-13-0 11 41090 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi 0RMFRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND 4,594,600 3,882,600 BUILDING 43,700 38,800 NBHD 7Nbhd DETACHED 1,200 1,200 St Ind AVERAGE OTHER 263,700 235,900 AVERAGEInfl TOTAL RCNLDTY MODEL 1 RESIDENTIAL QUAL COND ADJ PRICEDIM/NOTE UNITSYB LQUALITY LOW COST [100%] 0.75 STYLE 6 1.05 COTT/BUNGLW [100%] FRAME 1 1.00 WD FRAME [100%] 1969YEAR BLT MEASURE NF2/3/2021 EFF.YR/AGE LIST EST2/3/2021 REVIEW MR3/4/2021 $NLA(RCN) NET AREA 1.000 420 63,302 31 31 %COND 0FUNC 0ECON DEPR 31 % GD 69 $43,700 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ SHF SHF A A 1.00 1.00 50 50 0.50 0.50 80 36 1 4 2 1 3 0 0 0 1 STORIES ROOMS BEDROOMS BATHROOMS FIXTURES GARAGE SPACES % BSMT FIN # 1/2 BATHS # OF UNITS 1.00 1.00 1.00 1.00 $2,633 1.00 1.00 1.00 1.00 100 200 300 S A A 60,000 1.377 6.375 7 7 7 1.00 1.00 1.00 A A A 1.00 1.00 1.00 A A A 1.00 1.00 1.00 1,845,600 1,015,200 100,800 1.00 1.00 1.00 A A A 1.00 1.00 1.00 BEX BEX BEX 12.00 12.00 12.00 2,554,100 1,397,930 642,600 VC [PLAYHOUSE] FY2020 Map Correction combine 102-12 & 102-13 to remain 102-13 per Plan Bk 87 Pg 109 & Bk 680 Pg 60 $151 100 NA 728 777 2020-9 10/11/2006 12/29/2005 10/15/1923 CYCLICAL NON ALTERATIONS ALTERATIONS SPLIT/SUB/LA 3,373 4,500 10/30/2007 10/30/2007 10/30/2007 07/29/2019 JH JH JH JMG 100 100 100 100 100 100 100 100 COBB PREBLE & MARTHA E TR COBB PREBLE & MARTHA E 03/07/2013 03/16/1990 F A 1 100 27190-106 7094-133 9.129 Acres ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ 12 7 7 13 DETAIL ADJ OVERALL 1.000 0.900 EXTERIOR INTERIOR KITCHEN BATHS HEAT/ELEC A A A A A BN ID CONDITION ELEM CD CD ADJ DESC 1969 / 51 BAS PTA L N 420 96 142.47 8.69 59,835 834 BASE AREA PATIO A B 19691.00 1.00 1.00 1.00 1.00 1.00 0.90 0.95 1 1 1 1 4 3 13 8 FOUNDATION EXT COVER ROOF SHAPE ROOF COVER FLOOR COVER INT FINISH HEATING/COOL FUEL SOURCE PIER WD SHINGLE GABLE ASPH/CMP SH ASPH TILE WD PANEL NONE NONE PHOTO 02/03/2021 BUILDING 4,158,500 4,903,200 COBB PREBLE & MARTHA E TRSTEES THE COBB FAMILY TRUST C/O RUTH HANGOSKY 868 BRANDY CREEK DRIVE GREENVILLE, NC 27858-9488 19.74 20.57 800 400 8X10 6X6 931 SEQ #: 95810/7/2021Key:Town of BREWSTER - Fiscal Year 2022 2:17 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofMULTIPLE HSES178 BONNIE DOONE CARTWAY102-13-0 22 41090 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi FRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND BUILDING 118,300 Nbhd DETACHEDSt Ind OTHER Infl TOTAL RCNLDTY MODEL 1 RESIDENTIAL QUAL COND ADJ PRICEDIM/NOTE UNITSYB -QUALITY MINUS AVE [100%] 0.90 STYLE 4 1.02 CAPE [100%] FRAME 1 1.00 WD FRAME [100%] 1969YEAR BLT MEASURE NF2/3/2021 EFF.YR/AGE LIST EST2/3/2021 REVIEW MR3/4/2021 $NLA(RCN) NET AREA 1.000 864 171,490 31 31 %COND 0FUNC 0ECON DEPR 31 % GD 69 $118,300 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ 1.5 5 2 1 3 0 0 0 1 STORIES ROOMS BEDROOMS BATHROOMS FIXTURES GARAGE SPACES % BSMT FIN # 1/2 BATHS # OF UNITS 1.00 1.00 1.00 1.00 $3,054 1.00 1.00 1.00 1.00 VC STAIRS TO BEACH (EDGE O PINES) $198 100 ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ DETAIL ADJ OVERALL 1.000 0.870 EXTERIOR INTERIOR KITCHEN BATHS HEAT/ELEC A A A A A BN ID CONDITION ELEM CD CD ADJ DESC 1969 / 51 CRL BAS ATU WDK F21 N L N N O 864 864 432 296 1 14.72 151.71 29.36 21.53 5,578.90 12,718 131,081 12,685 6,374 5,579 BSMT CRAWL BASE AREA ATTIC UNF WOOD DECK FPL 2S 1OP A A A + 1969 1.00 1.00 1.00 1.00 1.00 1.00 0.90 0.95 1 1 1 1 2 3 13 8 FOUNDATION EXT COVER ROOF SHAPE ROOF COVER FLOOR COVER INT FINISH HEATING/COOL FUEL SOURCE PIER WD SHINGLE GABLE ASPH/CMP SH SOFTWOOD WD PANEL NONE NONE PHOTO 02/03/2021 BUILDING COBB PREBLE & MARTHA E TRSTEES THE COBB FAMILY TRUST C/O RUTH HANGOSKY 868 BRANDY CREEK DRIVE GREENVILLE, NC 27858-9488 931 SEQ #: 95910/7/2021Key:Town of BREWSTER - Fiscal Year 2022 2:17 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofMULTIPLE HSES178 BONNIE DOONE CARTWAY102-13-0 33 41090 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi FRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND BUILDING 51,200 Nbhd DETACHEDSt Ind OTHER Infl TOTAL RCNLDTY MODEL 1 RESIDENTIAL QUAL COND ADJ PRICEDIM/NOTE UNITSYB MQUALITY MINIMAL [100%] 0.55 STYLE 6 1.05 COTT/BUNGLW [100%] FRAME 1 1.00 WD FRAME [100%] 1969YEAR BLT MEASURE NF2/3/2021 EFF.YR/AGE LIST EST2/3/2021 REVIEW MR3/4/2021 $NLA(RCN) NET AREA 1.000 609 74,180 31 31 %COND 0FUNC 0ECON DEPR 31 % GD 69 $51,200 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ 1 4 2 1 3 0 0 0 1 STORIES ROOMS BEDROOMS BATHROOMS FIXTURES GARAGE SPACES % BSMT FIN # 1/2 BATHS # OF UNITS 1.00 1.00 1.00 1.00 $1,823 1.00 1.00 1.00 1.00 VC [EDGE O SEA] $122 100 ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ DETAIL ADJ OVERALL 1.000 0.850 EXTERIOR INTERIOR KITCHEN BATHS HEAT/ELEC A A A A A BN ID CONDITION ELEM CD CD ADJ DESC 1969 / 51 CRL BAS WDK OPA F11 ODS N L N N O O 609 609 304 84 1 1 9.28 95.44 12.86 16.41 2,505.80 792.40 5,652 58,120 3,908 1,378 2,506 792 BSMT CRAWL BASE AREA WOOD DECK OPEN PORCH FPL 1S 1OP OUTDOOR SHOWER A A + D 1969 1.00 1.00 1.00 1.00 1.00 0.95 0.90 0.95 3 1 1 1 2 5 13 8 FOUNDATION EXT COVER ROOF SHAPE ROOF COVER FLOOR COVER INT FINISH HEATING/COOL FUEL SOURCE FOUN WALL WD SHINGLE GABLE ASPH/CMP SH SOFTWOOD MIN/OTHER NONE NONE PHOTO 02/03/2021 BUILDING COBB PREBLE & MARTHA E TRSTEES THE COBB FAMILY TRUST C/O RUTH HANGOSKY 868 BRANDY CREEK DRIVE GREENVILLE, NC 27858-9488 931 SEQ #: 96010/7/2021Key:Town of BREWSTER - Fiscal Year 2022 2:17 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofMULTIPLE HSES178 BONNIE DOONE CARTWAY102-13-0 44 41090 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi FRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND BUILDING 94,200 Nbhd DETACHEDSt Ind OTHER Infl TOTAL RCNLDTY MODEL 1 RESIDENTIAL QUAL COND ADJ PRICEDIM/NOTE UNITSYB LQUALITY LOW COST [100%] 0.75 STYLE 6 1.05 COTT/BUNGLW [100%] FRAME 1 1.00 WD FRAME [100%] 1969YEAR BLT MEASURE NF2/3/2021 EFF.YR/AGE LIST EST2/3/2021 REVIEW MR3/4/2021 $NLA(RCN) NET AREA 1.000 800 136,476 31 31 %COND 0FUNC 0ECON DEPR 31 % GD 69 $94,200 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ 1 3 2 1 3 0 0 0 1 STORIES ROOMS BEDROOMS BATHROOMS FIXTURES GARAGE SPACES % BSMT FIN # 1/2 BATHS # OF UNITS 1.00 1.00 1.00 1.00 $2,633 1.00 1.00 1.00 1.00 VC [TREETOPS] $171 100 ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ DETAIL ADJ OVERALL 1.000 0.900 EXTERIOR INTERIOR KITCHEN BATHS HEAT/ELEC A A A A A BN ID CONDITION ELEM CD CD ADJ DESC 1969 / 51 BMU BAS N L 800 800 29.51 137.79 23,608 110,236 BSMT UNFINISHED BASE AREA A A 1969 1.00 1.00 1.00 1.00 1.00 1.00 0.90 0.95 3 1 1 1 2 3 13 8 FOUNDATION EXT COVER ROOF SHAPE ROOF COVER FLOOR COVER INT FINISH HEATING/COOL FUEL SOURCE FOUN WALL WD SHINGLE GABLE ASPH/CMP SH SOFTWOOD WD PANEL NONE NONE PHOTO 02/03/2021 BUILDING COBB PREBLE & MARTHA E TRSTEES THE COBB FAMILY TRUST C/O RUTH HANGOSKY 868 BRANDY CREEK DRIVE GREENVILLE, NC 27858-9488 The data shown on this site are provided for informational and planning purposes only. The Town and as consonants are not responsible for the misuse or misrepresentation of the data. 0 230 460 ft Printed on 08/15/2022 at 03:00 PM Egli of Pavement Buildings Parcels with Orthos Parcels r Town Boundary MA Hi hwa s Interstate US Highway Numbered Routes Abutting Towns Bathymetrryy 0-5ft 5-10 ft 10-15 ft 15-20 ft d 20-3011 =30-40 ft =40-50 ft =50-60 ft Streets r MapsOnline by PeopleGIS Bk 34940 Pg320 #10929 03-01-2022 @ 02:34p QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS that I, Ruth Mark Cobb Hangosky, Trustee of the Cobb Family Trust, U/D/T dated March 5, 2013, as amended by instruction dated September 6, 2017, recorded with Barnstable County Registry of Deeds herewith, having an address of 868 Brandy Creek Drive, Greenville, NC 27858, for consideration paid and in full consideration of Four Million Two Hundred Fifty Thousand and 00/100 Dollars ($4,250,000.00), Grant to: 178 Bonnie Doone Cartway, LLC, a Massachusetts Limited Liability Company, Having an address of 8 Lot Phillips Lane, Norwell, MA 02061 with Quitclaim Covenants, LOCUS: 178 Bonnie Doone Cartway, Brewster, MA 'fhe land with buildings and improvements thereon, situate in Brewster, Barnstable County, Massachusetts, shown as property of Charles W. Cobb, on a plan dated October 15, 1923 by WM Bard Johnstone, C.B. recorded with the Barnstable County Registry of Deed in Plan Book 87, Page 109, bounded and described as follows: Beginning at the southwest corner of the premises on the eastern side of a roadway, thence following a fence N 89° E distance 37 feet to an angle in the same; Thence S 19° B by said fence distance 64 feet; Thence by said fence S 74° E distance 114 feet to an angle in the same; Thence S I4° E by said fence about 41 feet to an angle; Thence easterly distance 262 feet to a corner of the fence aforesaid; Thence by a fence and an old ridge northerly to Cape Cod Bay; Thence by the Bay aforesaid westerly distance 661 feet to lands bought by Leslie Giffen Cauldwell from Merey A. Young; Thence by said Cauldwell's land following the eastern side of a roadway southerly to the starting point or place of beginning. The above described premises containing an area of eight acres be the same more or less, together with a right of way southerly over said roadway to the State Highway. File No. 33,300 MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 03-01-2022 @ 02:34pm Ct1#: 652 Doc#: 10929 Fee: $14,535.00 Cons: $4,250,000.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 03-01-2022 @ 02:34pm Ct1#: 652 Doc#: 10929 Fee: $13,005.00 Cons: $4,250,000.00 Bk 34940 Pg321 #10929 Being the same premises shown on "Plan of Land in Brewster, MA prepared for The Cobb Family Trust," dated May 28, 2019 by Demarest Land Surveying and recorded with the Barnstable County Registry of Deeds in Plan Book 680, Page 60. Subject to and with the benefit of all rights, rights of way, easements, restrictions, reservations, taking and appurtenances of record, insofar as the same are in force and applicable The grantor releases any and all homestead rights created either automatically by operation of law or by a written declaration that is recorded, and we hereby warrant and represent that there are not any other persons entitled to any rights of Homestead under M.G.L. c. 188 in the premises conveyed by this deed. For title, see deed recorded with the Barnstable County Registry of Deeds in Book 27190, Page 106. [Remainder of Page Intentionally Left Blank] Bk 34940 Pg322 #10929 Witness my hand and seal this ,,2,eday of F{.h/'o u i y 2022. County of PITT Ruth Marie Cobb Hangosky, Trustee of the Cobb Family Trust STATE of Wall+ C441.6(.../A/4. FtLos1 2022 Before me, the undersigned notary public, personally appeared Ruth Marie Cobb Hangosky, Trustee as aforesaid, proved to me through satisfactory evidence of identification, being (check whichever applies): ❑ driver's license or other state or federal governmental document bearing a photograph image, o oath or affirmation of a credible witness known to me who knows the above signatory, or i-tny own personal knowledge of the identity of the signatory, to be the person whose name is signed above, to be the person who signed the preceding or attached document in my presence, and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief and signed the foregoing instrument voluntarily of her own free act and deed. Notary Public My commission expires: G - / S -0-3 W. GLENN Pa.RRY NOTARY PUBLIC Pitt County North Carolina My Commission Expires June 15, 2075 JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY Bk 34769 Pg242 #82714 12-21-2021 @ 11:47a -1- "M MOO& ChA W S , 'Ut '0;4\ s S 'w Benjamin E. Zehnder, Agent 8 Cardinal Lane Orleans, MA 02653 APPLICATION: Town Of Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 November19, 2021 ZBA No. 21-22 At open meetings held on September 14, 2021, October 12, 2021 and November 9, 2021, the Brewster Zoning Board of Appeals considered the Application for Special Permit No. 21-22, submitted by Mr. Benjamin Zehnder for property located at 178 Bonnie Doone Cartway, Map 102 Lot 13, in the RM zoning district, described in Barnstable County Registry of Deeds Book 27190, Page 106 for property owned by Ruth Marie Cobb Hangosky as Trustee of the Cobb Family Trust. Present and voting were Board Members: Brian Harrison, Patricia Eggers, Arthur Stewart, J. Bruce MacGregor and Jean LR Kampas. APPLICATION REQUEST: The applicant seeks a special permit pursuant to MGL c. 40A s. 6 and Brewster Zoning Bylaw Section 179- 25B to alter or expand a pre-existing nonconforming use, ie multiple dwellings on one lot, by demolishing three of four existing dwellings and constructing three new single family dwellings with accessory structures. TESTIMONY: • Applicant/Attorney Benjamin Zehnder and site engineer John O'Reilly presented the request. • Abutters living along Bonnie Doone Cartway, spoke against the request, citing concerns about damage to and permanent alteration of the rural and bucolic Bonnie Doone Cartway, intensification of the nonconforming use, timing of proposed construction and the possibility of two proposed garage/habitable space structures being converted to separate dwellings. • Prior to the November 9, 2021, hearing, the applicant and interested abutters negotiated and presented to the Board a set of conditions for management of the project and Bonnie Doone Cartway. These conditions are numbered 1-21 in this Decision. • Abutters remained concerned about conversion of two garage structures into separate dwellings. FINDINGS: 1 Bk 34769 Pg243 #82714 -2- 1. The property comprises 412,078 ± sq. ft. / 9.46 ± ac. of land developed parcel of land in the RM zoning district and is improved with four pre-existing cottage type single family residences. 2. Based on the size of the lot, only two dwellings are permitted, therefore the four dwellings are non -conforming. 3. The proposal is to demolish three of the cottages and replace them with new larger single- family residences. One residence will have an attached garage and two will have separate garages with habitable space in them. 4. The property will continue to be used for four residential dwellings. 5. The lot contains adequate land area for location and use of the new dwellings. 6. The Conservation Commission has approved those portions of the improvements located within conservation jurisdiction. 7. The construction and use of the three new dwellings in addition to the fourth dwelling will not be substantially more detrimental to the town or the neighborhood that the use of the dwellings as presently located and constructed The Board moved and voted unanimously to grant the special permit upon the following conditions: Prior to Start of Construction Activities: 1. The applicant (or their designated representative) and the Ten Lots Association, Inc. (TLAI) shall establish an appropriate point of contact for both groups. 2. The Applicant and TLAI representatives will agree on the frequency of inspections of the roadway, during the different phases of construction process. 3. The applicant and TLAI shall establish a complaint line mechanism (phone and email) for TLAI representatives to expeditiously notify project developers of road damage and road repair requirements and other issues associated with the construction. The contractor must digitally respond within 24 hours and provide a written action plan with measurable action items within three (3) days to address the issue. 4. Contractor shall video and photograph the roadway prior to any work being started on the project. Copies shall be made available for distribution, if requested. S. The Applicant and TLAI representative will walk the roadway so as to determine and agree upon the necessary trimming along the roadway so as to ensure smooth access for the larger trucks. 6. At the time of the installation of the limit of work line for the dwellings, the Conservation Commission Agent, engineer and contractor shall walk the roadway so as to determine the locations of straw wattles so as to protect the adjacent wetland areas from wash out or erosion. 2 1 Charlie Zehnder Subject:FW: Water Department Easement at 178 Bonnie Doone Cartway Attachments:JOR SDS PLAN Revised Driveway 9-8-22.pdf From: Paul Anderson <panderson@brewster-ma.gov> Sent: Friday, September 16, 2022 10:01 AM To:tdevanejr@gmail.com; Alex Provos <aprovos@brewster-ma.gov> Subject: Re: Water Department Easement at 178 Bonnie Doone Cartway Hi Tom, What you have outlined is fine with us. Best-Paul Sent from my iPhone On Sep 15, 2022, at 3:19 PM, tdevanejr@gmail.com wrote: Hi Paul, as discussed, we would like to send a copy of this email with your approval to the Brewster ZBA for our meeting with them next month to request a change in our approved entrance to 178 Bonnie Doone Cartway. I hope my interpretation of our discussion is accurate. I understand that the Brewster Water Department would use the proposed new entrance at 178 Bonnie Doone Cartway to access their water line easement if the new entrance is approved (see attached plan). I also understand that the Water Department would allow the brush to grow over their existing easement near the intersection of Bonnie Doone Cartway and that they would use a brush hog to open up a path to access their easement if necessary and that we could remove the existing gate. The neighbors are concerned about having two entrances into the 178 Bonnie Doone Cartway lot. We also would like just one entrance as proposed on the attached plan. Entering the property through the proposed new driveway and allowing the existing easement to over grow with bush would solve our concerns. The main reason for the change in the driveway location is to save as many trees as possible. Thanks. Tom Application#22-13 www.brewster-ma.gov Page 1 of 1 9/27/2022 DEPARTMENT REVIEWS Application #22-13 APPLICANT/OWNER: 178 Bonnie Doone Cartway LLC REPRESENTATIVE: Attorney Benjamin Zehnder MAP/LOT: Map 102, Lot 13 PROPERTY ADDRESS: 178 Bonnie Doone Cartway Received from: Natural Resources Comments received from Chris Miller No issues Police Dept. Comments received from Lt. Charles Mawn  The police department has no issues Health Dept. Comments received from Amy von Hone  The proposed driveway revisions will have minimal impact on the proposed septic systems as currently shown on the revised plans. A full review of the septic system plan will be required prior to final approval of the septic installations to ensure compliance with the Title 5 Regulations and the minimum standards required for vehicular traffic loads over any system components. DPW Comments received from Griffin Ryder  A driveway permit will be required for the new driveway location. A stormwater permit may be required. Building Comments received from Davis Walters Building Dept. has no concerns. Fire Department Comments received from Chief Moran  The fire department is currently working with John O’Reilly on the proposed modified entrance and roadway to ensure fire department access and egress to the new structures. We have also requested the installation of a fire hydrant for fire suppression operations on the roadway near the dwellings. I am hopeful that any amendment or modification to the special permit that is granted to the applicant will include a provision that requires them to satisfy these fire department requests. Conservation Comments received from Andreana Sideris  If the portion of the driveway is within 100’ of wetlands, we would require a minor change request to their existing permit to document the change. Water Dept. Comments received from Paul Anderson Water Dept has no concerns. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov 27 September 2022 Ten Lots Association, Inc. Response to ZBA #21-22 Page 1 of 2 Memo: ZBA Case #22-13 178 Bonnie Doone Cartway Amendment Request Ten Lots Association, Inc. To: Brewster Zoning Board of Appeals From: Ten Lots Association, Inc. Board of Directors Date: 27 September 2022 Re: ZBA Case #22-13 178 Bonnie Doone Cartway Amendment Request Response On 27 August the Ten Lots Association, Inc. (TLAI) held an Annual Meeting. During this meeting one of the issues discussed was the request by the owners of 178 Bonnie Doone Cartway to move the driveway for their planned development from what was originally agreed upon in the special permit granted in ZBA #21-22. All members of TLAI unanimously voted to request that the Zoning Board of Appeals not approve the request to move the driveway for 178 Bonnie Doone Cartway. This decision was not taken lightly and only after a significant amount of discussion on the effect on the character of the Lane, and the recognition that in the end we will all need to be neighbors. Our reasons for requesting ZBA disapproval for this request are noted below: During the ZBA meetings on 14 September 2021, 12 October 2021, and 9 November 2021 there was significant discussion on the effect this development would have on the TLAI community and especially on the look and character of the Lane that members of the community use every day. After these discussions we and the owners of 178 Bonnie Doone Cartway mutually agreed to retain as is the initial 50-75 feet of the existing entrance as the only entrance so as to maintain the character of the Lane. Merging the new driveway with the existing one 50-75 feet into the property was meant to both retain the character of the Lane, and to create a barrier. This mutual agreement was documented in clause #19 (see below) of the Findings for ZBA application No. 21-22, accepted and signed by the ZBA Chairman on 23 November 2021. o Clause #19-- The existing entryways off Bonnie Doone Cartway to the 178 Bonnie Doone property will continue to be used as shown and widened on the site plan. No additional entryways onto Bonnie Doone Cartway will be created. The entry and driveway to the Treetops property will remain as is. The initial 50-75 feet of the driveway into the larger property will remain as is and will be utilized as the main drive. The new driveway will be merged with the existing driveway approximately 50-75 feet from the existing entryway. TLAI members are able to get a sense for how much the proposed driveway location and sweep will affect the character of the Lane by viewing a new driveway cut already made from the Lane into the property in contravention of clause #19 noted above. While this new cut is small, the proposed driveway width of 15 feet will undeniably be a major change to the look and feel of the Lane as you travel towards the Bay. The new cut has allowed all members of TLAI to assess which driveway location is preferred, hence the unanimous vote against changing the driveway location. As noted in the Supplemental Plan Filing, the mutually desired objective “is to save as many trees as possible”. It appears from the new site plan and opening that more square footage will need to be cleared to accommodate the septic systems, new driveway location and length, and turnaround circle. TLAI members are concerned the second proposed driveway will be substantially more detrimental to the character of the Lane and neighborhood than the previously agreed upon use of the existing drive. We ask the board that the Corcoran’s unequivocally demonstrate that their new proposal reduces impact on the Lane and neighborhood.