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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 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.tgov), 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: httos://us02web.zoom.us/j/88076668068?pwd=b3IXWnMwM2tybTk4SzIKMk5vT3NTlJf09 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. 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 1 . "4"/ 'w.., 1 .r'/ 1 ;d 'it ./ \ lei r a 15 `N. ___ a f a � \ 1 1 41 01 \,, \ k0, b \ \ '' 4. \ 4. �` 1. `` 1 1 :\ 1 t \, \ t t \\ \\ i.1) t t I% \ " 0� \ \ �• b \ A . ` N \ \ \, \ n'`i f '\ \ 1 `� ` vl\\ 4`S 4 \• �xi v•N \e p_�p ` `ti. • `'' 4t \ • .. " 4 •,, \ N \ ., q A9 0.8'/ �`�� f6 iii d vhCJ� ,�.. ,. ✓ ..•• � „ate J /0. .a .; .,. • r / 1.,r ...,:",-;.:2.: ® �'w w•.r'°' `�y'14j tow/C. 4,„, ''r^.� ".\ `„ y ,-j. „.—T s . \ : .r,...,/,'///1~1t. b.,\ :.. ' �c� yz �> �/ I i 1 1 e) i. xhk1 J 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 ;0ul A. 1 I j [1 ►LI -I NI 11---_`�� 0 _ a_'A__ . its o1-4 • L . N,_ to 0 -1 a !e, o¶Sc \ o- r-)ijf -%� go.S,, 1-. ,PC i YAP I ►N I _ vncp _ 4_ _ L TW "Z.Li 'Li 310 g" 06 I1 L.._ Z�I b'x 1%IOy C.15 4- J L L it c - ' ` k\7O SGf�L _AS AIM -�— BENCHMARK TOP OF CONC. BOUND EL. 86.0' M.S.L.± / ~ / 85 84 C.B.D.H. FOUND 85 PCL. 10 / 84 J 01 / 83 0 1 82 7 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' / PCL. OQO / 82 81 80 79 78 \ 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: \\0 �p IIEIIII`'IIVIlS%TO//p/// gZ 5.1 _ O ' i lil j Kati¢.... v, 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 iii/rlinia11111110�� \ t{I•I HMIsU / at,. aGI.I.�rril tfltr 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 Cy rk GO- \.1•L O CA .p/ArtYY f b= v� \ c \a, t.s\, `oc.m 4 01\NLitrem 4-) orrNe.AA-- bp -0-v 'Ay' c �� pL4.'\ 4-(LO(c)v_4: x-3-7 \, �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, ) A/iA/iA/i//rr,./iA/iAiA/i,.i,.,./rA/rAriAiA/iAiAiA/iA/ii,. ArArAiArrA//IA /iA ()/i/i, I I I I 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 1 1 1 I LJ LJ 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 Q 4± LEFT SIDE ELEVATION ( 1/4" = 1' ) 12 12 A i i�%fir./� i�/r�/r /r�//1 r�i�//V/ ./f/ A Ai�/r�/ A././..1/' i�r� �1'r�i?fir A I I I I I I I I II II I I I I I '- —[ I -I. 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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 of 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 2'-0" INSET 2'-0" INSET 36" ht. HAND RAIL STYLE TBD BY OWNER \�J 12' x 38' DECK W/ STAIRS `al down \J 32'-0" DORMER 10'-0" 2'—g" 4,-6" BATH. LAUNDRY _ CLO. d bi—told si 11'-8" H 13'-1" O O I 2,-0" I INSET 10'-6" LIVING ROOM DINING AREA "9" I KITCHEN VERIFY LAYOUT 8' — 1 2-9" I 36'-0" OFFICE AREA L_ 6 bi—fold BEDROOM 1 2-9 I 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 13-3± o loi ; ql -H 3— 2" x 12° PT STAIR STRINGERS 1'-6"* 0.C. 8,-3"* 8'-3"± -"3"t 0 " x 6" COMPOSITE DECKING r x 6" COMPOSITE DECKING 0•\ DECK 36'-0" FOUNDATION 6" x 6" PT POSTS 3-2"x 12" PT STAIR STRINGERS ® l'-6"* 0.C. J 6'-4"± x 6" COMPOSITE DECKING 6'-4"* 2" x 10" PT LEDGER BOLTED TO RIM JOIST PROVIDE 3 r LEDGER— LOK SCREWS (2 PER BAY) 0 / / 16" x 10" 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 LSTHDB HOLDOWNS AS SHOWN x 4'-0" CONCRETE CURB/FROST WALL 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