HomeMy Public PortalAboutZBA Hearing Packet 01/24/2023Zoning Board
Brian Harrison
Chair
Jeff Carter
Vice Chair
Patricia Eggers
Bruce MacGregor
Trish Metz
Department Assistant
Ellen Murphy
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
January 24, 2023 at 7:00 PM
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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
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1. Ca11 to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Approval of Meeting Minutes
Continued Applications:
ZBACase #22-15 Owner/Applicant: Remington's Trust; Peter T. Lomenzo & Kerry
Barton, Trustees, 61-63 A. P. Newcomb Road, Map 25, Lot 75, in the RM zoning district.
The applicant seeks a special permit for a Bed & Breakfast use in an existing accessory
building.
New Applications:
ZBA Case #23-01 Owner/Applicant: Jean & Francis Leidenfrost, 111 South Orleans
Road, Map 142, Lot 2 in the RM/DCPC zoning district. The applicant seeks a special
permit for an accessory dwelling unit (ADU) within the Pleasant Bay Watershed
ZBA Case #23-02 Owner/Applicant: Julius Smith (represented by Stevie Carvalho,
E.I.T., Farland Corporation, Inc.), 0 South Orleans Road, Map 142, Lot 9 in the
RM/DCPC zoning district. The applicant seeks a special permit for an accessory
dwelling unit (ADU) within the Pleasant Bay Watershed
ZBA Case #23-03 Owner/Applicant: Steven S. & Theresa M. Souza (represented by
Stephanie J Sequin, P.E., Ryder & Wilcox, Inc.), 115 South Orleans Road, Map 142, Lot
3 in the RM/DCPC zoning district. The applicant seeks a special permit for an accessory
dwelling unit (ADU) within the Pleasant Bay Watershed
5. Matters Not Reasonable Anticipated by the Chair
6. Next Meeting: February 7, 2023
7. Adjournment
Date Posted:
12/19/2022
Date Revised: Received by Town Clerk:
EREW TER TOR CLERK
44 i EL19 91....1401
Page 1 of 3
TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Tuesday, December 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: David Schlesinger, Tina Sylvester, Stephen Brown, Alex Weisheit (KP Law, Town Counsel), Jon Idman
(Town Planner), Davis Walters (Building Commissioner) 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 October 11th meeting minutes:
Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by Pat
to approve the October 11th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes
were unanimously approved.
New Applications:
ZBA case #22-14 Petitioner: Great Cape Co-op, Inc., (represented by David Schlesinger) 2624-2628 Main Street,
Map 89, Lot 14.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz.
Brian informed David Schlesinger representing the petitioner the ZBA’s role is to rule on zoning issues only. Mr.
Schlesinger acknowledge that he understood the Board could only decide on zoning issues but expressed
confusion on the department review comments, specifically from the Health Department. He expressed his
disappointment in the Cease and Desist from the Town and believed there were some facts but also some fiction
stated and therefore it was difficult to sort through. He questioned who is responsible from the Town. Brian
informed Mr. Schlesinger zoning and building code issues are directed to the Building Commissioner who is the
Zoning Enforcement officer. Brian suggested if there is still confusion on the petitioner’s part after the hearing
then he should reach out to the Building Commissioner to gain a better understanding. Brian started the
discussion with the list from the petitioner. It was suggested by the Building Commissioner that a possible
solution for the apartments above the Burgess House would be an ADU (Accessory Dwelling Unit), however
according to the materials in the review packet for the Board there are no building or occupancy permits. Mr.
Schlesinger indicated there are occupancy permits from 1985 but not for an ADU. Jeff asked if the occupancy
permit was for commercial or residential. Mr. Schlesinger indicated that the building permit was for apartments
and the occupancy permit is for commercial. He informed the Board that originally the building was housing for
workers. Brian questioned whether is was legally permitted. Mr. Schlesinger understood the building was not
legally permitted but they are working with an architect to get the building up to code. Brian highlighted the
petitioner agrees that this is a code violation. Mr. Schlesinger agreed it is a violation but the apartments have
been used for 37 plus years. Brian highly recommended the petitioner work with the Town Planner and the
Building Commissioner to decipher what is permitted and what needs to be permitted. Mr. Schlesinger agreed.
Brian moved on to the next item on the list, a restaurant lacking a Limited Service Restaurant (LSR). The
commercial kitchen did not receive a special permit as part of a limited service restaurant. Mr. Schlesinger
disagreed with this violation and informed the Board that permits had been granted. The owner/operator of the
restaurant Peter Duff met with the town. Alex Weisheit, Town Counsel suggested the Building Commissioner
comment. Building Commissioner, Davis Walters informed the Board he had no recollection of meeting with
anyone regarding a special permit for the restaurant. Brian asked the Building Commissioner if he had any
Page 2 of 3
building permits for the apartments in the Burgess House. The Building Commissioner indicated he has a
building permit for when the building was originally moved and remodeled. He informed the Board the only
indication he has that there were apartments on the second floor are on the plans that list “APT” in the two
spaces. There is no wording to that effect in the building permit narrative. There is no certificate of occupancy
for the building which is required. Brian informed Mr. Schlesinger that at the very minimum he will need a
certificate of occupancy and he may be required to re-apply for the building permit if it has expired. Mr.
Schlesinger reverted back to the limited service restaurant discussion displaying a written letter from the
owner/operator of the Fair and Just restaurant that he provided the town with the special permit the day after
the cease and desist order. Brian strongly suggested again that Mr. Schlesinger meet with the Building
Commissioner and provide the documents. He reminded Mr. Schlesinger the reason he is in front of the ZBA, is
to appeal zoning issues if he has building code issues there is a Board in Boston to appeal building code issues.
The Building Commissioner indicated he did have a conversation with the restaurant owner/operator during an
onsite inspection and informed him that it is the responsibility of the owner of the building to obtain the
appropriate permits.
Tina Sylvester, working with Mr. Schlesinger, joined the meeting to discuss the next violation involving
campgrounds, campers in a flood zone and the septic. She shared her screen displaying the zoning for campers
and provided background on the camper she and her family were living in. She argued that campers are allowed
as long as you have permission from the owner. She indicated that they are in the process of moving the
campers out. She informed the Board she has temporary housing until April but after April her and her family
will be homeless. Alex Weisheit, Town Counsel stated the bylaw refers to overnight cabins not campers. Ms.
Sylvester disagreed and referred to the reference of automobile trailers. Jeff commented on the trailer and
indicated there is a bylaw 71-13 prohibiting trailers. The Building Commissioner acknowledge there may be
conflicts in the bylaws but we need to stick to the zoning bylaws. Brian indicated the zoning bylaw is clear that
there is a violation.
Brian suggested continuing down the list. They discussed the herb shop retail use special permit requirement.
Ms. Sylvester informed the Board that they use part of the herb shop for storage and processing of the herbs,
and they have a special permit for retail. Brian suggested the Board review the special permit. Mr. Schlesinger
highlighted the area used for retail and the area used for storage or processing on the field card. Brian
reminded Mr. Schlesinger that the Board needs to see the special permit to justify the use. The Building
Commissioner stated the original order for the herb shop which he believes was sent out in April, was ignored.
He indicated that it wasn’t until the September 9th enforcement letter was sent out that they chose to close the
herb shop. He expressed disappointment that no one reached out to discuss prior to the enforcement letter.
Ms. Sylvester did not believe the herb shop was in violation. Brian suggested more information is required for
the Board to continue the hearing. Stephen Brown joined the hearing but unfortunately was no able to connect.
Next, they reviewed the yard side setback for the red cottage. Mr. Schlesinger indicated that the site plan it is
closer to 50 ft. The Building Commissioner asked what site plan Mr. Schlesinger was referring to. Brian asked
for a copy of the site plan. He informed Mr. Schlesinger the Board needs to see a certified site plan. The
Building Commissioner stated he needs a certified site plan of the two properties. Alex Weisheit, Town Counsel
stated the owner, Mr. Brown in terms of liability, is legally responsible for addressing the violations. Mr.
Schlesinger will provide the certified site plan to the building department so the violations can be addressed.
Unregistered vehicles are in the process of being moved off the property. The Building Commissioner agreed
that all but one vehicle has been removed. This issue has been resolved. Mr. Schlesinger informed the Board it
is their intention to bring the property in good standings with the town. The next two items on the list were
determined to be a building code issues and not zoning.
The Board decided they cannot rule against the zoning enforcement letter until additional information from the
petitioner is provided. The Chair suggested any special permits and a certified site plan is needed. He also
suggested the petitioner meet with the Building Commissioner to sort out any confusion in order to move
forward. The Board agreed and a suggestion was made to continue the hearing until February 7th. Ms. Sylvester
Page 3 of 3
and Mr. Schlesinger requested the Building Commissioner allow the herb shop to be opened until a decision has
been made by the ZBA. The Building Commissioner agreed to allow the herb shop to be opened as long as the
storage space remain as storage space. Brian made a motion to continue ZBA case #21-14 until February 7th, Pat
seconded the motion a vote was taken, and the Board approved unanimously to continue ZBA case #21-24.
ZBA case #22-15 Owner/Applicant: Remington’s Trust; Peter T. Lomenzo & Kerry Barton, Trustees, 61-63 A. P.
Newcomb Road, Map 25, Lot 75.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz.
The Chair informed the Board the applicant is requesting a continuance until the next ZBA hearing on Tuesday,
January 24th. Brian made a motion to approve the requested continuance, Pat seconded the motion a vote was
taken and the Board unanimously approved ZBA case #22-15 be continued until the January 24th hearing.
Matters Not Reasonably Anticipated by the Chair:
Ellen informed the Board that the proposed 2023 ZBA schedule was included in the meeting packet and asked if
anyone had any conflicts. Bruce informed the Board he will not be attending the February 7th ZBA hearing.
There were no other unforeseen conflicts.
The next meeting of the Brewster Zoning Board of Appeals is scheduled for January 24th, 2023.
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 8:15 pm.
#22-15 Applicant:
Remington’s Trust;
Peter T. Lomenzo
&
Kerry Barton, Trustees
Represented by: Attorney
Marian S. Rose
61-63 AP Newcomb Road
Ellen Murphy
From: Robert Foscaldi <bobfosc1@gnnail.com>
Sent: Thursday, January 5, 2023 5:19 PM
To: Ellen Murphy; Jonathon Idman
Cc: Building
Subject: ZBA Case #22-15 - More concerns regarding this zoning appeal
Attachments: Bob Foscaldi - Letter to Zoning Board ZBA Case # 22-15 .docx; 2002 FAX from Victor
Staley.pdf
A few weeks ago, I contacted the Building Department and requested all plans, permits and
documentation associated with the building of this "barn". I wanted to verify that the barn
was built with the proper permits, inspections were done, and the building was built according
to codes. Jessica was nice enough to send me all the information. I discovered that according
to this information, this building (the barn) has several violations. Therefore, I am opposed to
this special Zoning Appeal for the Bed and Breakfast.
The attached letter describes in detail why I am opposed to this zoning appeal. My previous
emails to the Zoning Board of Appeals can be ignored and replaced with this one letter that
includes all my comments and concerns.
Please read my attached letter and confirm that it will be presented to the Zoning Appeals
Board prior to the meeting scheduled on January 24tH
Thank you,
Bob Foscaldi
1
January 3, 2022
From: Robert Foscaldi
87 AP Newcomb Road (abutter to 61-63 AP Newcomb Road)
(508) 954-1003
To: Brewster Zoning Board of Appeals
Cc: Davis Walters — Building Commissioner
Subject: Comments/Concerns - ZBA Case # 22-15
61-63 AP Newcomb Road - Special permit for a Bed & Breakfast
I am opposed to this zoning appeal to convert the existing barn into a three -unit
Bed and Breakfast for reasons explained below.
Prior to receiving the notification of this zoning variance, I assumed that this
existing structure (the barn) had been built with the proper plans, permits,
inspections and was within the bylaw setback distance from my property line.
However, I wanted to verify it for myself, so I contacted the Building Department
recently and requested that all plans, permits, and documentation associated
with the building of this "barn" be sent to me. Jessica was nice enough to send me
all the information. What I found was that this barn has several violations:
• This building (the barn) was not constructed according to the plans that were
submitted to the Building Department. A much larger structure was built and is
in violation of the setback code.
• The existing structure was built without plans and without a building permit.
• Milestone inspections were not done, and the as -built structure was never
approved by the Historical District Commission.
This "Utility Barn" was first proposed in 2002 and according to the assessor's
database the structure that exists today was built in 2005. Back in October 2002,
Peter Mullin, the previous owner/builder of 61-63 AP Newcomb, submitted plans
to build a "Utility Barn". I as an abutter, I was notified of the proposed
construction. At that time, I contacted the Building Department and asked for
information and the proposed plan. Victor Staley, who was then the Building
Commissioner, FAXed the plan to me. I have attached a copy of that FAX with the
plan. This plan shows:
• The "Utility Barn" dimensions are 24 x 42.
pg. 1
Internal
January 3, 2022
• The location of the Utility Barn is set back 335 feet from the street and
located adjacent to the existing shed.
• The setback distance from the Utility Barn to my lot line is shown to be 23
feet. (However, the zoning bylaw is 25 feet in a R -M District.)
• A fence is to be erected on my lot line extending some 700+ feet back to
the rear corner.
With the exception of the incorrect setback distance from my lot line, I had no
objection to this original plan. I assumed that the building department would
correct this obvious setback error on the plan and the Utility Barn and fence
would be built appropriately according to plans and codes. I also assumed that as
an abutter I would be informed if there were any changes to this plan.
However, the location and size of the building that is there today is totally
different than the plan I received from Victor Staley, and the building that is there
today does not match the plans that I recently received from the Building
Department. Documents at the building department show that on 7/16/04 a
permit application with plans was filed for a 24 x 48 Utility Barn. It also shows the
setback location from the street was changed from 335 feet to 270 feet (moved
closer to my house) compared to the drawing that Victor Staley sent me. As an
abutter, I should have been informed of these changes. But neither myself nor the
other abutters were ever notified.
Included in the information that I received from the Building Department is a
Building — Foundation report from building inspector Richard Leibowitz dated
9/15/05. In the report it says, "Foundation Not According To Plan — Submit New
Plans w/ corrections".
This is because the foundation that was installed is much larger than what is
shown on the plans at the Building Department. The plans submitted to the
Building Department show a 24 x 48 foundation but the foundation that was
installed is 24 x 64.
Also included in the information at the Building Department is a letter from
building inspector Richard Leibowitz to Peter Mullin dated July 12, 2010. Richard
states that the foundation permit issued on 7/5/05 still remains active (five years
later) and that "The actual building permit for your utility barn has never been
issued." Richard then asked if Peter could submit the required 3 copies of his as -
built site plan and copy of his signed foundation permit so the Building
Department can issue your building permit.
pg. 2
Internal
January 3, 2022
So, in 2010, six years after applying for a building permit, a larger foundation was
put in, no certified plot plan or updated plans were ever submitted, and the
structure was built without a building permit.
Question — After the foundation is in, doesn't it have to be inspected and a
certified as -built site plan submitted showing foundation dimensions and lot line
distances prior to issuing a building permit and prior to starting construction?
(Apparently, this did not happen.)
In this zoning appeal # 22-15 under the section Statement of Project, in the
second paragraph, third sentence, it states, "The principal structure is conforming
to setbacks ...". This is not true. Included in the documentation I received from the
Building Department is the certified as -built plot plan by J.M. O'Reilly & Associates
dated 1/4/10 (five years after the barn was built). This plan shows the actual
setback measurement from the "Existing Barn" to my property line is only 23.3
feet. The building permit application for the Utility Barn specifies that the
distance from the right property line is 25 feet. Brewster Zoning Bylaw 179,
Attachment 2 also indicates 25 feet in an R -M district.
There is no reason for this setback violation. Prior to the barn being constructed I
had all my lot lines professionally surveyed. There are two official concrete
markers in the ground located adjacent to the front and rear of where the barn is
today. Before this barn was built, I ran a string between the two concrete markers
and drove some pipes in the ground to accurately mark the lot line. However,
when the barn was being built, the line was removed, and the pipes were pulled
out. After the foundation was poured it looked to be too close to my lot line.
However, I trusted that the error would be shown on the certified plot plan and
that the building inspector would take appropriate action before allowing the
barn to be built. This did not happen, and the barn was built on a foundation that
is not in compliance with the setback code.
Included in the documentation I received from the Building Department is the
"Certificate of Appropriateness" for the Historic District Committee. This was
approved - but the specifications and drawings submitted with the application are
for a 24 x 48 building and do not match what was actually built. An application
was never submitted to the Historic District Committee for approval of the
extensive changes that were made to the building from the original plan.
This project was originally proposed in 2002 as a 24 x 42 "Utility Barn" as shown in
the FAX from Victor Staley. Then that was changed, and different plans were
submitted to the Building Department that showed a 24 x 48 structure in a
pg. 3
Internal
January 3, 2022
different location on the lot. Then after that, the builder (Peter Mullin) decided to
build a much bigger 24 x 64 structure without submitting new plans for required
permits and approvals. Substantial changes were also made to the appearance of
the building. For example, on the original plan, there are no windows on the wall
that faces my property. As built this wall was expanded to 64 feet and eleven
windows were added.
Construction of this building was not monitored, milestone inspections apparently
not done, and abutters were never notified of the extensive changes. As built, this
structure looks like a commercial building, or an odd -looking house, and it is twice
the size of the main house. It remained unfinished for over fifteen years. I planted
Leyland Cypress trees along my property line to block the view of this huge
imposing eyesore. Jim Gallagher, the town assessor told me that this building is
described and assessed by the town as a "house" and is listed as RESIDENTIAL.
I am opposed to this oversized illegal building being converted into a 3 -unit Bed &
Breakfast. This building shouldn't even be there. It was built without plans,
without a building permit on a foundation that is not in compliance with the
setback bylaw and built without approval of the Historic District Commission.
Furthermore, a 3 -unit B&B will have a lot of activity associated with transient
guests, cars, parking, required lighting, maintenance, and other such activities
that more resemble a hotel/motel business rather than a quieter residential area
as is intended by current zoning.
If this building had been built as a 24 x 48 Utility Barn according to plan with a
building permit, proper setbacks, inspections done as required, etc., I would not
be opposed to it being converted into a one -unit Bed & Breakfast.
Another concern I have is that the Brewster Zoning Bylaw Section 179-16, Table 2
Note 1, states a single lot may contain two single-family units. This zoning bylaw is
not clear concerning whether two single family units or dwellings would still be
allowed on the property along with another separate Bed & Breakfast building. As
mentioned, this "barn" is described and assessed by the town as a house.
Therefore, this building should be considered as a second dwelling on the
property and an additional house or dwelling should not be allowed.
Thank you,
Bob Foscaldi
pg. 4
Internal
January 3, 2022
Peter Mullin
61 A P Newcomb Road
Brewster MA 02631
July 12, 2010
TOWN OF BREWSTER °Filets Olt
2198 MAIN STREET
13REWSTER, MA 02631
PHONE: (508) 896.3701 Exr 125
FA X: (508) 896.8089
WW W,TOWM,HRF."WSTIMMA.V'S
Re: 61 A P Newcomb Road, Identified on Assessors Map 22 Lot 51-7, Foundation
Permit # 361 issued on 7/5105 to construct a Utility Bam
Dear Mr. Mullin,
The above noted foundation permit for a Utility Barn was issued on 7/5/05 and
still remains active. The actual building permit for your utility barn has never been
issued. Our records indicate that your last inspection was a foundation Inspection which
too c ce on 9/15/05. We would like to receive the required 3 copies of your as -built
site plan and a copy of your signed foundation permit so that we can issue your building
permit.
We further ask that you check to make sure that your rough electrical inspection
and any other rough inspections have been completed, so that we can do a frame
inspection in preparation for a required Certificate of Occupancy,
If you have any questions regarding this notice you may contact the Brewster
Building Department at the phone number listed above.
Sincerely,
c,1/44t 1E1 c�Ji
Ri
Richard Leibowitz
Local Building Inspector
pg. 5
Internal
January 3, 2022
BREWSTER CODE
District
R -R Any permitted structure or prindpal use
R -L Any permitted structure or prindpal use
C -H
V -B
I
Use
Any permitted structure or prindpal use
Row contmerdal
Multifamily dwellings
Hotel and motel
Row house or townhouse
Any other permitted stmcture or principal use
Any permitted structure or prindpal use
Any permitted structure or use, other than those
listed above for the CH Zone (footnote l%)°
Area
(square feet)
Yards*'0"
Lot Frontage* Front Side Rear
(feet) (feet) (feet) (feet)
100,000 plus 100,000 for the second 200 40 25 25
dwelling nnit of a duplex
60,000 plus 60,000 for the second dwelling
unit of a duplex
60,000 phis 60,000 for the second dwelling 150 40 ® 25
unit of a duplex
40,000
130,000 plus 10,000 per bedroom
130,000 plus 2,000 pes unit
130,000 plus 10,000 per bedroom
15,000
15,000
20,000
150 40 25 25
150 30 20 20
200 100 30 30
200 100 30 30
200 100 30 30
80 30 15 15
80 30 15 15
100 30 15 40
DETAIL •
NOT TO SCALE
CERTIFIED PLOT PAN
SHOWING EXISTING BARN
AT
6.1 A.P. NEWCOMB ROAD, BREWSTER, MA
PREPARED FOR
MR. AND MRS. PETER MULLIN
0 40 60 1 20
SCALE 1 "=A0'
JANUARY 4, 20 I 0
GMJobs\MulIn\6232 A.P, Newcomb'dwg\6232.CPP.dwg Drawn byi Jaw JMO-6232
J.M. O'REILLY & ASSOCIATES, INC. 1573 Main Street, P.O. Box 1773.
Professional Engineering & Surveying Services Brewster, MA 02631 (508)896-66601
pg. 6
Internal
Oct 01 02 11:14a Brewster Town Hall
5088368080
p.1
Date Sent: � J
To: �.
Town of rewster
BUILDING DEPARTMENT
2198 Main Street
Brewster, Massachusetts
02631-1898
FAX
Fax Na. S-6' � � C (29 SZ3
No. of Pages (Including cove)) .-
OFFICE OF
Building Commissioner
TEL: (508) 896.3701
EXT, 125
FAX: (508) 896••8089
•
! rom:___ r-
REMARKS
pot 01 02 11114a
Brewster Town Hall 5088968089
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Archive d: Tuesday, January 17, 2023 10:25:03 AM
From: Robert Foscaldi
Se nt: Wed, 11 Jan 2023 20:03:54
To: Ellen Murphy
Subje ct: Re: ZBA Case #22-15 - More concerns regarding this zoning appeal
Se ns itivity: Normal
Attachme nts :
Massachusetts General Laws Chapter 40A Zoning.docx;
Hi Ellen,
I attached is a section from the first paragraph of Massachusetts General Laws, Chapter 40A Zoning which I believe is
applicable to this meeting.
Please also include this with the meeting materials.
Thank you again,
Bob Foscaldi
O n Tue, Jan 10, 2023 at 1:28 PM Ellen Murphy <emurphy@brewster-ma.gov> wrote:
Hello Mr. Foscaldi,
Thank you for your email. I will include it in the meeting materials to be reviewed by the Board.
Regards,
Ellen Murph y
Ad mi nistra ti ve Assistant
Zo n ing Board o f Appea ls
5 0 8 -89 6 -370 1 x 116 8
Beginning March 21, Brewst er Town Of f ices will be open t o t he public Monday through Thursday f rom 8:30am t o
4:00pm, and by appoint m ent on Fridays. For the lat est updates on Town serv ices, please v isit www.brewst er-ma.gov
Internal
Massachusetts General Laws - Chapter 40A ZONING
Section 7: Enforcement of zoning regulations; violations; penalties; legally
nonconforming structures; notice of action; jurisdiction of superior court
The inspector of buildings, building commissioner or local inspector, or if there
are none, in a town, the board of selectmen, or person or board designated by
local ordinance or by-law, shall be charged with the enforcement of the zoning
ordinance or by-law and shall withhold a permit for the construction, alteration or
moving of any building or structure if the building or structure as constructed,
altered or moved would be in violation of any zoning ordinance or by-law; and no
permit or license shall be granted for a new use of a building, structure or land
which use would be in violation of any zoning ordinance or by-law.
#23-01 Applicant:
Jean & Francis Leidenfrost
111 South Orleans Road
Q co /* 9F+i• o j
0 11 (tCi'iai ri
0 _ j I_l I I - 0
B`4
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 # d3'6/
APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS
SPECIAL PERMIT/ ZBA APPEAL APPLICATION
NAME OF APPLICANT -Jr. �r) ("--`101/4n6-5 )G1 1 -awl
D
REPRESENTATIVE
to + Time Stamped
By Town Clerk
BREl'15TER CLEW:
,72 N� p) ,24
PHONE NUMBER fz,ine qt)i'-2,D-025'4
MAILING ADDRESS /) `.je()- °Aeon)nS
E- MAIL ADDRESS v‘c',kscc.\\e_er:0 e_lou ()yr%
PROPERTYADDRESS / II 6ryo4\ Cchms
0,A
\ (2al-3a.t-1.a9&CBeeil- tn60.\
-/-ace. h
CURRENT PROPERTY OWNER(S) c n 4 Y c
REGISTRY OF DEEDS TITLE REFERENCE BOOK
CERT. OF TITLE # LAND COURT #
PLAN #
MAP # LOT #
ZONING DISTRICT 1 YEAR BUILT
STATEMENT OF PROJECT
i�Laras C -1.,6t <ifs w 7 APO PBoVs
PAGE OR
FLOOD PLAIN AE
VEI
SIGNA
NER
DATE ///9,
NOTE: it•n is NO COM"LETE until :II information is provided. Accuracy of this
informa ' n is the responsibility of the petitioner.( Initial )
N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance
APPLICATION UPDATED 07.18.18.doc Page 1
7/19/2018 12:02 PM
Complete this fo
Identify structure
STREET ADDR:
MAP #
ZONING DISTR
List onl the no
LOCATION
FRONTAGE
LOT SIZE
Location is use
W -west,
Existing is the s
Required is the
Proposed is the
LOT COVERAG
SIZE OF PARC
BUILDING COV
N:\Planning\ZONIN
APPLICATION UP
7/19/2018 12:02 P
MGL 40A, Section 6B, Brewster Zoning Bylaw 179-27,
DATA SHEET
m for every structure on the site that is in some wa
primary house, garage, tool shed, other
SS
LOT #
CT
Article 8
nonconforming.
YEAR BUILT
conformities below: Identify all nonconforming set
EXISTING REQUIRED PROPOSED
EXISTING REQUIRED
(Gc1 'entm'i.)
acks.
to identify the setback: I.E. front, back, left side, right side, N -north, S-sout
•tback that currently exists on the ground
applicable setback required currently in the Brewster zoning bylaw
setback being requested
EXISTING % PROPOSED % ALLOWED %
L sq. ft. BUILDABLE UPLAND sq. ft.
RAGE/PRIMARY STRUCTURE sq, ft.
1, E -east,
BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance
TED 07.18.18.doc Page 2
•
BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft.
BUILDING HEIGHT: EXISTING PROPOSED
SPECIAL PERMITS:
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
I
SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL
PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL.
( ? rasz. 1111 (-1 Z .z. Js2) 3yt.,oW I
ACT.
S, c\/L. A11- t2- vN 9 iN wA sc._ 1'tz.o- csVA-S 2VS. rx*Cr)
'p 5/W '
TAA1 wA19.--5}-3E-D .
g-oSdSE 2c1' X Z.f crhri+v5s APJ AS36,1gr .
i
ADDITIONAL COMMENTS:
APPEAL IN ACCORDANCE WITH G.L.C. 40 A:8, 14
CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE
OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL.
OFFICIAL
N:\Planning\ZONING BOARD ofiAPPEALS\FORMS
APPLICATION UPDATED 07.18.18.doc
7/19/2018 12:02 PM
AND APPLICATIONS\Special Permit ZA Appeal
Page 3
and Variance
❑ 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 sect on eleven and by mailing
to all parties in interest to grant upon appeal or upon petition with respect tcb 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 desi able relief may by 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 PN
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FOUND
85
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/
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/
83
0
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82
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83
84
i
SURVEY PLAN REFERENCE: 85
THIS PLAN IS FOR SEPTIC SYSTEM
DESIGN PURPOSES ONLY.
THIS PLAN IS NOT FOR BOUNDARY
DETERMINATION. 86
PROPERTY OWNER AND
CONTRACTORS TO VERIFY
ALL WATER LINES AND GAS
UTILITIES ON PROPERTY. C.B.D.H.
FOUND
86
83
7— -_ 1
1'
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/ 82 81
80 79 78
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LOT 5
83,940 S.F.±
R
R --M
BENCHMARK
TOP OF CONC.` BOUND
EL. 86.47' M.S.L.±
SEPTIC SYSTEM MODIFICATION PLAN
/
APPROX.
EXISTING
S.A.S.
SUBJECT:
111 SOUTH ORLEANS ROAD
BREWSTER, MA
PREPARED FOR:
FRANCIS & JEAN LEIDENFROST
111 SOUTH ORLEANS ROAD
BREWSTER, MA 02631
ASSESSOR'S
MAP 142 PARCEL 2
SCALE: 1"=30'
DATE: NOVEMBER 28, 2021
SHEET 1 OF 2
LOCUS MAP
BREWSTER
HARWICH
/L --MEETINGHOUSE RD
NOT TO SCALE
GRAVEL DRIVEWAY
N 85'59'10" E 78
EXISTING
D -BOX
(REPLACE) __
86
PCL. 1
339.78'
N 83'45'35"
JASON C. ELLIS, R.S.
-- 88
87
—
9
1
GRAVEL
\ ' DRIVEWAY
\'
87
\
5'
EXCAVATION
1
I
DISTRIBUTION
LINE TYP.
DISTRIBUTION S.A.S. DETAIL
BOX
INSPECTION
PORTS TYP.
i
BENCHMARK
TOP OF CONC. BOUND
EL. 80.33' M.S.L.±
80 N 85'59'10" E
•
U.P.
LEACH
CHAMBER TYP.
ki/N
84
85
86
(Y
PCL. 34
CAPE & VINEYARD EASEMENT
C.B.D.H.
0 (LEANING)
PCL. 31
90' WIDE
U.P.
GARDEN
N
O
0
0
0)
O
O
Cn
rn
0
PCL. 3
S 86'08'25"
343.91
1
TO ROUTE 39---_
336.05'
N 86'08'25"
PCL. 000
DESIGN CALCULATIONS
1=1 I I=1 I I I I II -11I III+ "�
111=111=i I hl 11=T= �'"
SECTION DETAIL - COMPONENTS
NOT TO SCALE
PROPOSED
SEPTIC TANK
II I I II III I I I I I I -III_ :: :^ � III III=III I I I
COVER i I III=III=III=III-III=1 COVER T=III=111=III=1 I I
W/IN 6' I ' W/IN 6'
Of CRAOE / 'j •'. • • ,� '., = *1 OF GRADE
FLOW RATE:
1 BEDROOM GARAGE APARTMENT = 110 G/P/D REQUIRED
(110 G/P/D PER BEDROOM x 1 BEDROOM)
NO GARBAGE GRINDER ALLOWED
PROPOSED SEPTIC TANK:
110 G/P/D x 2 = 220 G/P/D REQUIRED
USE 1500 GALLON SEPTIC TANK
PROPOSED SOIL ABSORPTION SYSTEM:
PERC RATE = <2 MIN/IN - CLASS I SOIL
SIDEWALL = (24 + 12.83)(2)(2) = 147.32 S.F.
BOTTOM: (24)(12.83) = 307.92 S.F.
(147.32 + 307.92)(0.74) = 336.87 G/P/D PROVIDED
USE: (2) 500 GALLON LEACH CHAMBERS W/STONE
AS SHOWN IN DETAIL.
JASON C. ELLIS, R.S.
QQ
PROPOSED 1,500 GALLON
SEPTIC TANK
INSTALL GAS BAFFLE AT OUTLET
NOTES
EL. 79.0'
PROPOSED
DISTRIBUTION BOX
-I I1=11=�= III -III_
111=111 •...1=M=11
1. ALL PRECAST COMPONENTS TO BE H-10 RATED. ALL
COMPONENTS WITH ANY ANTICIPATED VEHICULAR TRAFFIC
TO BE H-20 RATED.
2. ELEVATION DATUM IS FROM USGS QUAD MAP.
3. MUNICIPAL WATER IS AVAILABLE.
4. ALL CONSTRUCTION TO CONFORM WITH 310 CMR 15.000
AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL
CODES AND REGULATIONS.
5. INSTALLER/CONTRACTOR TO REVIEW & VERIFY ALL
ELEVATIONS AND DETAILS AND REPORT ANY DISCREPANCIES
TO DESIGNER PRIOR TO CONSTRUCTION OR ASSUME ALL
RESPONSIBILITY.
6, INSTALLER/CONTRACTOR IS RESPONSIBLE FOR MAINTAINING
SAFE WORK AREA, VERIFING ALL UTILITIES AND NOTIFYING
DIG SAFE PRIOR TO CONSTRUCTION.
7. ANY CHANGES TO OR DEVIATIONS FROM THIS PLAN MUST
BE APPROVED IN WRITING BY J.C. ELLIS DESIGN CO. AND
BOARD OF HEALTH.
8. FINISH COVER OVER COMPONENTS IS NOT TO EXCEED 3'
PER 310 CMR 15.000.
9. ALL ABANDONED SEPTIC SYSTEM COMPONENTS TO BE
PUMPED DRY AND FILLED WITH CLEAN SAND OR REMOVED
AND REPLACED WITH CLEAN SAND.
10. ALL COMPONENTS TO BE PROVIDED WITH WATERTIGHT
ACCESS PORTS WITHIN 6" OF FINISH GRADE.
11. ALL SEPTIC TANKS, DISTRIBUTION BOXES AND PIPING TO
BE INSTALLED WATERTIGHT.
12. NO KNOWN WELLS EXIST WITHIN 100' OF PROPOSED
LEACH AREA.
13. THIS IS NOT A CERTIFIED PLOT PLAN AND UNDER NO
CIRCUMSTANCES IS THIS PLAN TO BE USED FOR BUILDING
OR ZONING PURPOSES.
14. LEACH AREA TO BE PROVIDED WITH AT LEAST ONE
INSPECTION PORT CONSISTING OF A PERFORATED FOUR INCH
PIPE PLACED VERTICALLY DOWN INTO THE STONE TO THE
NATURALLY OCCURING SOIL OR SAND FILL BELOW THE STONE.
THE PIPE SHALL BE CAPPED WITH A SCREW TYPE CAP AND
ACCESSIBLE WITHIN 3" OF GRADE.
15. EXCAVATE ALL UNSUITABLE SOIL, ONLY IF NECESSARY, 5'
AROUND AND UNDER S.A.S. DOWN TO C LAYER AND REPLACE
WITH CLEAN MEDIUM SAND.
16. SUITABLE SOIL CONDITIONS IN AREA OF PROPOSED S.A.S.
TO BE VERIFIED BY J.C. ELLIS DESIGN CO. INC. AT TIME
OF INSTALLATION.
PROPOSED
SOIL ABSORPTION SYSTEM
(2) 500 GALLON LEACH CHAMBERS
EL. 80.51 f
7 11I1=1I1 1-I III=1II�II111 1 _ I I 1 II II -1
�I 11=111-111=1 11=1 11=1 I I� 11=1 11=! I •
COVER =111--7.111=1117--111:---111=-111=-ME
2" OF 1/8" TO 1/2" " W/IN 6'
DOUBLE WASHED PEASTONE
3/4" TO 1 1/2'
DOUBLE WASHED STONE
2.0'
OF GRADE
24' LONG x 12.83' WIDE x 2' DEEP
DEEP HOLE DATA
PERFORMED BY: BERNARD YOUNG, P.E., S.E.
WITNESSED BY: TOM MCINERNEY, BREWSTER BOH
TEST DATE: MAY 20, 1999
DEPTH
0.00'
0.16'
0.66'
2 25'
10.0'
0
ORGANIC
A
LOAMY SAND
10YR5/4
BW
LOAMY SAND
10YR5/8
C
COARSE SAND
10YR7/4
PERC RATE
<2 MIN./IN.
ELEV. DEPTH
85.9' 0.00'
85.74' 0.16'
0.33'
85.24'
83.65'
0.75'
2.0'
#2
0
ORGANIC
E
LOAMY SAND
10YR5/2
A
LOAMY SAND
10YR3/3
BW
LOAMY SAND
10YR5/6
c
COARSE SAND
10YR6/8
PERC RATE
<2 MIN./IN.
ELEV,
83.8'
83.64'
83.47'
83.05'
81.8'
75.9' 10.0'- 73.8'
NO WATER ENCOUNTERED NO WATER ENCOUNTERED
J.C. ELLIS DESIGN
P.O. BOX 81
NORTH EASTHAM, MA 02651
(508)240-2220
Email: josoncjcellisdesign.com
SEPTIC SYSTEM MODIFICATION PLAN
SUBJECT:
111 SOUTH ORLEANS ROAD
BREWSTER, MA
PREPARED FOR:
FRANCIS & JEAN LEIDENFROST
111 SOUTH ORLEANS ROAD
BREWSTER, MA 02631
ASSESSOR'S
MAP 142 PARCEL 2
DATE: NOVEMBER 28, 2021
SHEET 2 OF 2
Application#23-01 www.brewster-ma.gov Page 1 of 1
1/17/2023
DEPARTMENT REVIEWS
Application #23-01
APPLICANT: Jean and Francis Leidenfrost
REPRESENTATIVE:
MAP/LOT: Map 142, Lot 2
PROPERTY ADDRESS: 111 South Orleans Road
Received from:
Police Dept. Comments received from Lt. Charles Mawn
The Police Dept. does not have any comments for this application
Health Dept. Comments received from Sherrie McCullough
Health Department files indicate an existing 1999 Title 5 compliant system with a maximum of
four-bedroom capacity servicing an existing 4-bedroom dwelling. The dwelling is located on an
83,940 SF lot which lies within the District of Critical Planning Concern (DCPC). It lies outside
the Zone II and is serviced by town water. A Disposal Works Construction Permit (No. DWCP-
22-83) dated August 22, 2022, was submitted to this department by Robert Waters Septic
Service for review. The application included a septic plan dated November 28, 2021, designed
by J. C. Ellis Design for a new Title 5 septic system for a one-bedroom accessory dwelling and
garage. Daily flow required is 110 gpd however, 337 gpd is provided. Proposed floor plans and
Nitrogen Loading Calculations were also submitted as part of the application. The DWCP was
signed off on November 10, 2022. The permit will expire on November 10, 2023.
A Building Waiver Application must be submitted to this department for full review prior to final
approval.
Water Dept. Comments received from Paul Anderson
The applicant should request a mark out of water service directly from the Water Department.
There is currently proposed title 5 reg changes that may affect them
Natural Resources Comments received from Chris Miller
Natural Resources does not have any comments on this application
Fire Department Comments received from Chief Moran and Deputy Chief Varley
Proposed garage/ADU building shall meet all MA comprehensive fire safety and building code
requirements for smoke, heat and carbon monoxide detector compliance.
Brewster Zoning Board of Appeals
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1168
brewplan@brewster-ma.gov
Fred Cheney
87 White Rock Road
Brewster, MA 02631
November 19, 2022
To whom it may concern:
I am writing this letter in reference to ZBA Case #23-01. I recently discussed this planned
project with Francis and Jean Leidenfrost of Brewster, Massachusetts, regarding the construction
of an accessory dwelling on their property at 111 South Orleans Road in Brewster. As a neighbor
and an abutter, I believe that this project would be an asset to the neighborhood and 1 hereby
express my full support of the project.
Fred Cheney
Steven and Theresa Souza
115 S Orleans Rd
Brewster, MA 02631
November 25, 2022
Town of Brewster
Zoning Board of Appeals
RE: ZBA Case 23-01
Francis and Jean Leidenfrosst, 111 S Orleans Rd, Brewster, MA
Dear Zoning Board of Appeals,
We are writing to you today to express our full support of the Accessory Dwelling Unit (ADU) that
Francis and Jean are proposing to build on their property. We are neighbors and abutters of the
Leidenfrosst's property, they are wonderful neighbors, and we believe this would be a positive addition to
our neighborhood.
Please let us know if anything else is needed.
Sincerely,
Steven and Theresa Souza
Certified by:
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TOWN OF BREWSTER, MA
BOARD OF ASSESSORS
2198 Main Street Brewster, MA 02631
Abutters List Within 300 feet of Parcel 142/2/0
James M. Gallagher, MAA
Deputy Assessor
O SOL--k1-ORLEANS RO
142R/0 42!3!0
111 SOUTH ORLFIA0!&ORLEANS 70A+ Jf
` j /421341{1
3011010 ` 1421110 THEf ORLEAS
87. WHIT ROCK R04D7 O UTH.ORL9E 1�J4UTOH.00RLEANS 201 D ---------/
/130/11/0
15= GRIST. r\4M
3012510
ORLEAN
100 0 100 ft
#23-02 Applicant:
Julius Smith
(Represented by: Stevie
Carvalho, E.I.T., Farland
Coporation, Inc.)
0 South Orleans Road
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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/ ZBA APPEAL APPLICATION
NAME OF APPLICANT -ILA \ v 5 A V\
Date + Time Stamped
By Town Clerk
ERFWSTF, 4!,' CLFRK.
'71 ts-inv22 2:4a
REPRESENTATIVE '-f e U!
0
PHONE NUMBER 50 g1 --
MAILING ADDRESS I `) () (AL_ (Apoom C-119 \O l S Ol r f A () LQ `I
'
E- MAIL ADDRESS v \, , .S rn,AA,A v n,kDc A.
PROPERTYADDRESS 0 5 ` 0 [ALA . z' 4
CURRENT PROPERTY OWNER(S) '(`VV\ C/OY\tibu
REGISTRY OF DEEDS TITLE REFERENCE BOOK
CERT. OF TITLE #
PLAN #
MAP # LOT #
ZONING DISTRICT
STATEMENT OF PROJECT
PAGE OR
LAND COURT #
YEAR BUILT N 1 p\ FLOOD PLAIN • AE
VE
r
9/ /.2 //z"
SIGNATURE OF OWNER OR AGENT FOR OWNER DATE
NOTE: This petition is NOT COMPLETE until all information is provided. Accuracy of this
information is the responsibility of the petitioner.( Initial )
N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance
APPLICATION UPDATED 07.18.18.doc Page 1
7/19/2018 12:02 PM
MGL 40A, Section 6B, Brewster Zoning Bylaw 179-27, Article 8
DATA SHEET
Complete this form for every structure on the site that is in some way nonconforming.
Identify structure: primary house, garage, tool shed, other
STREET ADDRESS YEAR BUILT
MAP # LOT #
ZONING DISTRICT
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 % PROPOSED % ALLOWED %
SIZE OF PARCEL sq. ft. BUILDABLE UPLAND sq. ft.
BUILDING COVERAGE/PRIMARY STRUCTURE sq, ft.
N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance
APPLICATION UPDATED 07.18.18.doc Page 2
7/19/2018 12:02 PM
BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft.
BUILDING HEIGHT: EXISTING PROPOSED
SPECIAL PERMITS:
La APPLICATION FOR SPECIAL PERMIT EMPOWEREsD TO ACTON
179-51, BREWSTER BYLAW UPON WHICH THE BOARD IS
SECTION(S) PARAGRAPH(S) OF BREWSTER
BYLA UNDER W
PROPOSAL THE SPECIAL
PERMIT IS SOUGHT AND A BRIEF DESCRIPTION
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\, �4'� L 6 n i`2�, tc 1- 03a r<,Ll'
1-kar L- 1 I(
ADDITIONAL COMMENTS:
Nx,
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
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.brewster.ma.GOV
Please be advised that it is improper for the Chairman or any member of the Board of Appeals to
give legal advice or to discuss the merits of any petition prior to the public hearing.
AFTER YOUR HEARING:
Within two weeks a formal decision will be written, signed and time stamped with the Town Clerk.
A 20 -day appeal period the follows. If NO appeals are taken, you will receive your final sealed
decision, file with Barnstable Registry of Deeds and proceed with obtaining your Building Permit.
Any Decision of the BOA may be appealed to Superior Court, Land Court or District Court within
twenty (20) days from the time that the decision is: filed with the Town Clerk.
N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit P Appeal and Variance
APPLICATION UPDATED 07.18.18.doc
7/19/2018 12:02 PM
FRONT ELEVATION
( 1/4"=1')
•
I I I I 1 1
I I 1 1 1 1
LJ LJ LJ
ARC Designs , LLC
ALAN R. CABRAL
508.255.2589
RIGHT SIDE
ELEVATION
( 1/4" = 1, )
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ALL CONSTRUCTION TO BE PERFORMED IN STRICT
COMPLIANCE WITH THE MASSACHUSEt IS STATE BUILDING
CODE, NINTH EDITION
ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY,
IS AT THE DISCRETION OF THE BUILDING COMMISSIONER
AND WILL BE THE RESPONSIBILITY OF THE OWNER
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0 1 2 4
8 12
PROPOSED GARAGE / APARTMENT
JULIUS SMITH
LOT 9 0 SOUTH ORLEANS ROAD - ROUTE 39
-FRONT ELEVATION
-RIGHT SIDE ELEVATION
JANUARY , 2022
BREWSTER
1 OF 6
12
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ARC Designs , LLC
ALAN R. CABRAL
08.255.2589
ALL CONSTRUCTION TO BE PERFORMED IN STRICT
COMPLIANCE WITH THE MASSACHUSETTS STATE BUILDING
CODE, NINTH EDITION
ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY,
IS AT THE DISCRETION OF THE BUILDING COMMISSIONER
AND WILL BE THE RESPONSIBILITY OF THE OWNER
REAR ELEVATION
( 1/4"= 1' )
0 1 2 4
8 12
PROPOSED GARAGE / APARTMENT
JULIUS SMITH
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LOT 9 0 SOUTH ORLEANS ROAD - ROUTE 39
-LEFT SIDE ELEVATION
-REAR ELEVATION
JANUARY , 2022
BREWSTER
2 OF 6
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DECK
(ABOVE)
36'-0"
NO WINDOWS
io
ARC Designs , LLC
ALAN R. CABRAL
508.255.2589
0
a
USE APA NARROW WALL.
BRACING METHOD AROUND
GARAGE DOOR OPENINGS
2'-0" SHEARWALL
PANELS, NAILED
3" O.C. (EA. SIDE)
• ALL. ENGINEERED LUMBER
PER MANUFACTURER'S
SPECIFICATIONS
9' w. x 8' ht. o.h.
garage door
verify style w/ owner
1 r
GARAGE
4" CONCRETE
GARAGE SLAB
9' w. x 8' ht. a.h,
garage door
verify style w/ owner
11" FIRE —RATED
GWB (CEILING)
1 r 1
9' w. x 8' ht. o.h.
garage door
verify style w/ owner
CONCRETE APRON
6'-6"
11'-6"
36'-0"
11'-6"
6'-6"
ALL CONSTRUCTION TO BE PERFORMED IN STRICT
COMPLIANCE WITH THE MASSACHUSETTS STATE BUILDING
CODE, NINTH EDITION
ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY,
IS AT THE DISCRETION OF THE BUILDING COMMISSIONER
AND WILL BE THE RESPONSIBILITY OF THE OWNER
0
FIRST FLOOR
( 1/4„ = 1' )
AREA = 864 ± SF.
0 1 2 4 8 12
PROPOSED GARAGE / APARTMENT
JULIUS SMITH
LOT 9 0 SOUTH ORLEANS ROAD - ROUTE 39 BREWSTER
-FIRST FLOOR PLAN
JANUARY , 2022 3 OF 6
ARC Designs , LLC
ALAN R. CABRAL
508.255.2589
F
38'-0" DECK
down
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ALL CONSTRUCTION TO BE PERFORMED IN STRICT
COMPLIANCE WITH THE MASSACHUSETTS STATE BUILDING
CODE, NINTH EDITION
ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY,
IS AT THE DISCRETION OF THE BUILDING COMMISSIONER
AND WILL BE THE RESPONSIBILITY OF THE OWNER
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2'-0"
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3'-4"
SECOND FLOOR
( 1/4„ = 1I ' )
sloped ceiling
5 knee wall
2'-0"
INSET
12'-0" DECK
0 1 2 4
8 12
PROPOSED GARAGE / APARTMENT
JULIUS SMITH
LOT 9 0 SOUTH ORLEANS ROAD — ROUTE 39
—SECOND FLOOR PLAN
JANUARY , 2022
BREWSTER
4 OF 6
ARC Designs , LLC
ALAN R. CABRAL
508.255.2589
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3— 2" x 12° PT
STAIR STRINGERS
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/
/
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CONTINUOUS
FOOTING (TYP.)
W/ 2— #5 HORIZ. BARS
DROP WALL 9"
AT PASS. DOOR
DROP WALL 12"
AT GAR. DOOR
* ALL ENGINEERED LUMBER
PER MANUFACTURER'S
SPECIFICATIONS
GARAGE
4" CONCRETE
GARAGE SLAB
PROVIDE 6 MIL. POLY.
BARRIER UNDER SLAB
9INSPECT BEFORE SLAB
PLACEMENT)
DROP WALL 12"
AT GAR. DOOR
CORNER STRAPS;
PROVIDE (4) SIMPSON
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AS SHOWN
x 4'-0"
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ON FOOTING
W/ 2— #5 HORIZ. BARS
(TOP & BOTTOM)
DROP WALL 12"
AT GAR. DOOR
9 w. garage door
9' w. garage door
CONCRETE APRON
RUN SLA9 THRU
AS APRON
9' w. garage door
6'-6"
11'-6°
1 1'-6"
6'-6"
36'-0"
ALL CONSTRUCTION TO BE PERFORMED IN STRICT
COMPLIANCE WITH THE MASSACHUSETTS STATE BUILDING
CODE, NINTH EDITION
ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY,
IS AT THE DISCRETION OF THE BUILDING COMMISSIONER
AND WILL BE THE RESPONSIBILITY OF THE OWNER
'-O" FOUNDATION
USE 5/8" x 10"
ANCHOR BOLTS
SPACED 38" 0.C.
W/IN 12" OF ALL
CORNERS (2 MIN.
PER PANEL)
USE 3° x 3" x 1/4"
PLATE WASHERS
FOUNDATION
PLAN
( 1/4" - 1' )
* VERIFY ALL DETAILS WITH BUILDER
ADJUST AS REQUIRED
0 1 2 4
8 12
PROPOSED GARAGE / APARTMENT
JULIUS SMITH
LOT 9 0 SOUTH ORLEANS ROAD — ROUTE 39
—FOUNDATION PLAN
JANUARY , 2022
BREWSTER
5 OF 6
Application#23-02 www.brewster-ma.gov Page 1 of 1
1/17/2023
DEPARTMENT REVIEWS
Application #23-02
APPLICANT: Julius Smith
REPRESENTATIVE: Stevie Carvalho
MAP/LOT: Map 142, Lot 9
PROPERTY ADDRESS: 0 South Orleans Road
Received from:
Police Dept. Comments received from Lt. Charles Mawn
The Police Dept. does not have any comments for this application
Health Dept. Comments received from Sherrie McCullough
Health Department files indicate an undeveloped 59,586 SF lot which lies within the District of
Critical Planning Concern (DCPC) and outside the Zone II. A Disposal Works Construction
Permit (No. DWCP-22-122) dated November 28, 2022, was submitted to this department by
Brundage Site Work, Inc. for review. The application included a septic plan dated October 3,
2022, designed by Farland Corp for a new Title 5 septic system for a four-bedroom single
family dwelling and a detached garage with a two-bedroom accessory unit (ADU). Both
dwellings will be serviced by town water. Daily flow required is 660 gpd however, 686 gpd will
be provided. Proposed floor plans submitted indicate four bedrooms in the main dwelling
however, the floor plans submitted for the ADU indicate a one-bedroom unit. Nitrogen Loading
Calculations were also submitted based on six bedrooms as part of the application. The DWCP
Application dated November 28, 2022, is currently under review by this office. The proposed
septic plan includes an Innovation and Alternative (I/A) component to mitigate nitrogen loading
requirements for this property.
A Building Waiver Application must be submitted to this department for full review prior to final
approval.
Water Dept. Comments received from Paul Anderson
The applicant should request a mark out of water service directly from the Water Department.
There is currently proposed title 5 reg changes that may affect them
Natural Resources Comments received from Chris Miller
Natural Resources does not have any comments on this application
Fire Department Comments received from Chief Moran and Deputy Chief Varley
Proposed garage/ADU building shall meet all MA comprehensive fire safety and building code
requirements for smoke, heat and carbon monoxide detector compliance
Application narrative proposed one bedroom above garage, engineering drawings identify a
proposed two-bedroom unit
Fire Department suggests the driveway be no less than 14’x14’ high in clearance to allow fire
and EMS apparatus access to the site.
Brewster Zoning Board of Appeals
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1168
brewplan@brewster-ma.gov
#23-03 Applicant:
Steven S. & Theresa M. Souza
(Represented by: Stephanie J.
Sequin, P.E., Ryder & Wilcox,
Inc.)
115 South Orleans Road
Application#23-03 www.brewster-ma.gov Page 1 of 1
1/17/2023
DEPARTMENT REVIEWS
Application #23-03
APPLICANT: Steven S. & Theresa M. Souza
REPRESENTATIVE: Stephanie J sequin, P.E., Ryder & Wilcox, Inc.
MAP/LOT: Map 142, Lot 3
PROPERTY ADDRESS: 115 South Orleans Road
Received from:
Police Dept. Comments received from Lt. Charles Mawn
The Police Dept. does not have any comments for this application
Health Dept. Comments received from Sherrie McCullough
Health Department files indicate an existing 1988 Title 5 compliant system servicing an existing
3-bedroom dwelling. The dwelling is located on an 42,670 SF lot which lies within the District of
Critical Planning Concern (DCPC). It lies outside the Zone II and is serviced by town water. A
Disposal Works Construction Permit (No. DWCP-23-1) dated December 19, 2022, was
submitted to this department by F.L. Quinn for review. The application included a septic plan
dated November 29, 2022, designed by Ryder & Wilcox, Inc., P.E. & P.L.S., for a new Title 5
septic system for a new one-bedroom accessory dwelling and the existing three-bedroom
dwelling. Daily flow required is 440 gpd however, 556 gpd is provided. The existing septic tank,
d-box, and leach pit will be abandoned, pumped dry, removed, and replaced with clean sand.
Proposed and existing floor plans and Nitrogen Loading Calculations were also submitted as
part of the application. The proposed septic plan includes an Innovation and Alternative (I/A)
component to mitigate nitrogen loading requirements for this property. The DWCP was
approved and signed off on January 12, 2023.
A Building Waiver Application must be submitted to this department for full review prior to final
approval of this proposal.
Water Dept. Comments received from Paul Anderson
The applicant should request a mark out of water service directly from the Water Department.
There is currently proposed title 5 reg changes that may affect them
Natural Resources Comments received from Chris Miller
Natural Resources does not have any comments on this application
Fire Department Comments received from Chief Moran and Deputy Chief Varley
Proposed garage/ADU building shall meet all MA comprehensive fire safety and building code
requirements for smoke, heat and carbon monoxide detector compliance.
Brewster Zoning Board of Appeals
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1168
brewplan@brewster-ma.gov