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HomeMy Public PortalAboutZBA Hearing Packet 02/07/2023�ktirt�`�4��tita�E��lgrr��grrrr II�1d ,jli,tati Zoning 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 February 7, 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 maybe viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (hvestream brewster- ma pov), or Video recording (tv.brewster-ma.g_ov). 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: ht slIris+7? 1AR,ty.700115li[$80766613068?awd=b3llnNnNlwMZtvt1Tk45zIKMk5vT3NT enter Passcode 047258 To request to speak: Tap Zoom "Raise Hand" button or type "Char comment with your name and address, then wait to be recognized. 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Approval of Meeting Minutes 5. Applications: Continued Application: ZBA Case #22-14 Petitioner: Great Cape Co-op, Inc., 2624-2628 Main Street, Map 89, Lot 14. The petitioner appeals from a Cease -and -Desist order of the Building Commissioner dated September 9, 2022, pursuant to MGL Chapter 40A, Section 8 and 15. New Applications: ZBA Case #23-04 Applicants: Preservation of Affordable Housing, Inc/Housing Assistance Corporation, 0 Millstone Road, Map 98, Lot 12-0. The applicants seek a Comprehensive Permit to construct 45 affordable rental units on 16.6 acres, pursuant to MGL Chapter 40B, Section 20-23. ZBA Case #23-05 Owner/Applicant: Whitney Revocable Trust, Karen Millane Whitney and David Christopher Whitney, Trustees, 25 Sumner Lane, Map 51, Lot 65. The applicant seeks a special permit to renovate an existing, detached garage to create a Accessory Dwelling Unit (ADU) in a Zone II. 6. Matters Not Reasonable Anticipated by the Chair 7. Next Meeting: March 14, 2023 8. Adjournment Date Posted: Date Revised: Received by Town Clerk: t,126 10:46A;; l`'LERV Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, January 24, 2023, at 7 PM 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: Jean Leidenfrost (ZBA #23-01 applicant), Julius Smith and Melissa Comeau (ZBA #23-02 applicants), Stevie Carvalho (representing ZBA #23-02 applicants), Steven Souza (ZBA #23-03 applicant), Stephanie Sequin P.E, Ryder & Wilcox, Inc. (representing ZBA #23-03 applicants), 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 December 13th 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 December 13th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were unanimously approved. Brian announced the ZBA will begin in-person meetings in March. He stated that the ZBA has openings for 4 alternate members. All interested parties can obtain the information on the Town’s website under the Select Board section. Continued Applications: 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 ZBA hearing on Tuesday, March 14th. Pat made a motion to approve the requested continuance, Bruce seconded the motion a vote was taken and the Board unanimously approved ZBA case #22-15 be continued until the March 14th hearing. New Applications: ZBA case #23-01 Owner/Applicant: Jean & Francis Leidenfrost, 111 South Orleans Road, Map 142, Lot 2. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. Jean Leidenfrost presented her request for a special permit for an ADU within the Pleasant Bay Watershed. She stated the plans are to build a garage with an apartment above it for their son who works on the cape. She confirmed there is ample parking. Brian asked if the Board has any questions for the applicant. There being no questions from the Board, Pat made a motion to open to public input, Bruce seconded the motion, all were in favor. There being no additional public input besides the letters of support that were included in the meeting packet a motion was made to close to public input by Pat and seconded by Trish, a vote was taken, and all were in favor. Brian read aloud the criteria in order to grant the special permit. The Board determined the request met all of the 13 criteria and a motion was made by Trish to grant the special permit, Bruce seconded the motion, a vote was taken, and the Board unanimously approved the special permit for ZBA #23-01. 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. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. Julius Smith and Melissa Comeau presented the application for a special permit for an ADU within the Pleasant Bay Watershed. They stated when the land was purchased, a site plan with an ADU was included. They are hoping to move forward with the plan for the ADU to help their three adult children. They confirmed the planned septic system will support the ADU as well as the proposed main house. Brian asked the applicants if Page 2 of 2 they planned to do any commercial activity on the property. They informed the Board they have no plans for commercial activity. Bruce questioned why the 2nd sheet of the application under the data section was left blank. Stevie Carvalho from Farland Corporation representing the applicants informed the Board the project meets all the setbacks. He shared his screen to provide the Board with the data table requested. Pat questioned the plan referencing a two bedroom. The applicant informed the Board the office will be a bedroom and has submitted updated plans with the Building Department. The Board requested an updated plan outlining two bedrooms as a condition if the application is granted. Pat asked about the setback on the deck and the applicant informed the Board the deck at its closest is 14ft. from the property line. There being no more questions from the Board, Pat made a motion to open to public input, Bruce seconded the motion and the Board voted unanimously to open to public input. There being no public input besides the documentation received from the public in the meeting packet, Pat made a motion to close to public input, Bruce seconded the motion, a vote was taken, and the Board unanimously approved to close to public input. There being no more discussion, Brian read aloud the criteria in order to grant the special permit. The Board determined the request met all of the 13 criteria and a motion was made by Bruce to grant special permit #23-02 as shown on the plan with an updated floorplan showing two bedrooms and no office, Jeff seconded the motion, a vote was taken, and the Board unanimously approved the special permit for ZBA #23-02. 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. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers and Trish Metz. Stephanie Sequin from Ryder & Wilcox representing the applicants presented the application requesting a special permit for an ADU within the Pleasant Bay Watershed. She provided background on the property indicating the applicant is proposing a detached garage with a one-bedroom ADU on the second floor for their son. She confirmed the proposed garage meets all the setbacks required. They are proposing a new Title 5 system which will connect both the ADU and the main house and include a nitrogen reduction component which has been submitted to the Health Department. The ADU meets the requirements and shows two parking spaces which meets the criteria. There being no more questions from the Board, Pat made a motion to open to public input, Jeff seconded the motion and the Board voted unanimously to open to public input. There being no public input besides the documentation received from the public in the meeting packet, Pat made a motion to close to public input, Trish seconded the motion, a vote was taken, and the Board unanimously approved to close to public input. Jeff made a motion to approve a special permit for an ADU, application #23-03, Steven and Theresa Souza, Map 143, Lot 3, 115 South Orleans Road, Pat seconded the motion, a vote was taken, and the Board unanimously approved ZBA #23-03. Matters Not Reasonably Anticipated by the Chair: none The next meeting of the Brewster Zoning Board of Appeals is scheduled for February 7th, 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 7:40 pm. #22-14 Appeal Petitioner: Great Cape Co-op Inc. 2624-2628 Main Street Building Commissioner's Submission #22-14 Great Cape Co-op Inc. 2624-2628 Main Street 1 ZBA Case No. 22-14, Building Commissioner Memorandum for 2/7/23 Continued Hearing Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Zoning Board of Appeals (ZBA) FROM: Davis Walters, Building Commissioner RE: ZBA Case No 22-4, Zoning Appeal, 2624-2628 Main Street (Map 89 Parcel 14) DATE: January 31, 2023 cc:Appellant, Great Cape Coop, Inc., David Schlesinger, Clerk via email _____________________________________________________________________________________ Summary The following are the Building Commissioner’s responses to open questions or issues raised at the ZBA’s December 13, 2022 hearing on the above-referenced matter, which is an appeal, pursuant to GL C. 40A, Sections 8&15, of the zoning determinations made by the Building Commissioner referenced in the September 9, 2022 Town enforcement letter. In addition, for purposes of orienting the ZBA to the subject property, the Building Department has provided an assessors map of locus for the continued February 7, 2023 hearing on the matter, with the buildings relevant to the appeal and zoning districts identified. September 9, 2022 Town Enforcement Letter Zoning Counts/ Violations 1 through 9 Count 1- “Burgess House” upstairs space. There is building permit information from the 1980’s (BP# 86- 83, copies attached hereto) that permitted finishing the upstairs space including for one studio apartment. However, the Building Commissioner has no knowledge or evidence of, and the appellant has not provided, any zoning approvals allowing the space to be used as two dwelling units. To lawfully establish a second dwelling unit in the upstairs space under the Zoning Bylaw, a special permit for an accessory commercial dwelling unit (ACDU) would be required from the Zoning Board of Appeals. Because there are currently three commercial uses on-site, it appears that up to two ACDUs could be permitted in the upstairs space, subject to all requirements in the Zoning Bylaw including those specific to ACDUs in Section 179-42.3 therein. Count 2- “Burgess House” first-floor space. The first-floor space is currently being used as a limited- service restaurant, which is a defined use under the Zoning Bylaw, requiring a use special permit and site plan review. The Building Commissioner has no knowledge or evidence of, and the appellant has not provided, such approvals for this limited-service restaurant. Further, the Building Commissioner does not recognize this limited-service restaurant use as a preexisting, nonconforming zoning use, including as evidenced in any past decisions of the ZBA. Count 3- Campers. As pointed out by Mr. Carter, the ZBAs Vice Chair, at the last hearing, Section 179- 13(A) of the Zoning Bylaw prohibits campers from being used as dwelling units. Further, a ‘campground’ is not a permitted use in any zoning district per Table 1, Use Regulations, of the Zoning Bylaw. Finally, the general bylaw cited by the appellant at the last hearing session, Chapter 56 of the Office of: Building Department 2 ZBA Case No. 22-14, Building Commissioner Memorandum for 2/7/23 Continued Hearing Brewster Code, “Accommodations,” was adopted in 1953 and has remained unamended since that time, prior to the adoption of zoning in Brewster and establishment of the current State Zoning Act. To the extent that this general bylaw has any relevance or applicability to the matter at hand, it would be legally preempted by the Zoning Bylaw pursuant to the State Zoning Act and its companion case law. In addition, the ZBA has no jurisdiction relative to said general bylaw and thus said bylaw is beyond the scope of the appeal. Count 4- Herb Shop. The existing rear portion of the Herb Shop is not the subject of a special permit but of a building permit (BP#- 13-248, copy attached hereto). The building permit allowed this space to be constructed and used exclusively as accessory storage for the retail use but not for retail use itself, including public access. However, the Building Commissioner does not currently recognize a zoning violation and is not currently pursuing enforcement relative to this space because upon most recent inspection, the space is being used consistent with the building permit and does not otherwise violate the Zoning Bylaw or zoning permits of record. Count 5- Building Setbacks. As shown on the assessors map provided for this hearing, it is the “Red Cottage” and “Gray Cottage” that are the subject of this Count and are within required setback areas per Table 2 of the Zoning Bylaw. The Building Commissioner does not currently recognize a violation and is not currently pursuing enforcement relative to the Red Cottage because there has been a certificate of occupancy discovered for it,issued September 3,2021 (BP# 10-265, copy attached hereto), and it appears that, by virtue of such Certificate, the existing building setbacks have been recognized as conforming or lawfully preexisting nonconforming. On the other hand, the Building Commissioner has no knowledge or evidence of, and the appellant has not provided, such approval for the Gray Cottage, which straddles the southern lot line of locus and the property owner’s other lot to the south (i.e. Assessors Map 89 Parcel 2): this building appears to be a newer and there is no evidence of its presence on locus via the assessing field card. The Gray Cottage would post-date adoption of Section 179-13D of the Zoning Bylaw and, in order to maintain its current location, thus would require either a dimensional variance for setback relief or that the property owner, through the preparation and recording of a perimeter plan, eliminate the common (internal) lot line between the owner’s aforementioned properties. Count 6- Unregistered Vehicles/ Automobile Graveyard. Any wrecked, scrapped, ruined, or dismantled vehicles have since been removed from locus, thus the Building Department does not currently recognize a violation and is not currently pursuing enforcement relative to Section 179-56(B)(8) of the Zoning Bylaw, which prohibits automobile graveyards/ junkyards (as defined in MGL Chapter 140B) anywhere in Brewster. To the extent there are remaining unregistered vehicles on locus that are not wrecked, scrapped, ruined, or dismantled, they are subject to the Town’s general bylaw dealing with the same, codified in Chapter 168 of the Brewster Code, not the Zoning Bylaw. The ZBA has no jurisdiction relative to said general bylaw and thus it is beyond the scope of the appeal. Count 7- Unpermitted Structures. This count relates in primary part to the Gray Cottage, as referenced above. The structure is actually not permitted at all, including as occupiable or habitable space, and in fact appears to be a converted shed. Site inspections revealed that the structure was being occupied, with unpermitted water and electrical service to it. Inasmuch as the structure would require after-the-fact permits even as a shed, it may be infeasible to permit this building to be occupiable or habitable. 3 ZBA Case No. 22-14, Building Commissioner Memorandum for 2/7/23 Continued Hearing Count 8- Structures in Flood Zone. In addition to the primary zoning violation associated with the aforementioned campers, i.e., they were being used as dwelling units, they also violate the Floodplain (Overlay) District’s applicable performance standards, Zoning Bylaw Section 179-7(D), including by being located within mapped special flood hazard zones on the property without meeting wetlands protection requirements. Count 9- Signs. Contrary to the requirements set out in Article VI of the Zoning Bylaw, certain existing signs on locus are unpermitted. The Building Commissioner has no knowledge or evidence of, and the appellant has not provided, Historic District certificates or sign permits authorizing the wall sign on the Burgess House or the master sign at the entrance to locus. The Building Commissioner does not recognize the Burgess House wall sign as a preexisting nonconforming sign. Further, the master sign has recently been altered, thus the provisions of the current Zoning Bylaw apply to it. Per Section 179-20.7 of the Zoning Bylaw, each of the aforementioned signs require a Certificate from the Historic District Committee (both signs are within the portion of the property located in the Old King’s Highway Historic District Committee) and a sign permit from the Building Commissioner. The master sign received a Certificate from the Historic District Committee on November 15, 2022 (HDC File # S22-166). ENC D A B C E Legend A – Herb Shop B – Red Cottage C – Gray Cottage D – Burgess House E – Campers ZBA Case 22-14 - 2624-2628 Main Street, S. Brown Appeal 89-14 89-2 (Brown) S4, ) le 1 +n w 29 73 ce 7▪ 3 rct 3 SC. 41 CL -C �0 �t� n '`,� I. 41.1 V 'z m 0, G rtl Mai The data 'hewn On thi' briC a rc provided bl inlOrrilarc na I and pia noon' purposes only The Town a nd ow con'i,nams tad nat responsible for the misuse or mJrcproaematlon of Inc data. i C.( tft 4 Toe,. Boundary P V, Henw5yy$S rnlerstate US Highway Numbered Routes Abutting Towns Bath ea 5.1011 10.1511 M 15.2011 i 20.3011 ▪ 304011 X40.5011 tl>■ 50.6011 Zomna.2O15 Industnal Muniapa Refuse Oil Res Low Density Res Mid Density Res Rural Wage Business Buuldings Edge of Pavement Trails Parcels NIS Streets r 400 900 ft Printed on 01126/2023 at 01:03 PM 2624-2628 Main Street FERMI)" MAP LOT #....../i.� DL ii-�S- 03/ Town of Brewster FEE $ -BUILDING DEPARTMENT. APPLICATION FOR PERMI O BUILD DATE jam' Inspector of Buildings: Ined hereby applies for a permit to build according to the following specifications. ie • Address nei,'•.•. Addre if 3uilding, (street) Dr: RM RL RR )f: New Alter `' Add 7/es— Tel. Na�'•- Sub-Division C S C H I Llc. No. Demolish Move ng: One family residence Two family residence Other 1st Floor Sq. Ft.( .ies Material of Foundation walls: Poured Blocks Basement: Slab Crawl Space Full ` Finished Unf'in'ished - - Walkout- - Garage Breezeway Shed Pool Deck Fence 2nd Floor Sq. Ft. $ 3rd Floor Sq, Ft. Total Sq. Ft. Carrying Timber: Size, Span...,: •` Headers (largest opening) Size of Floor Timbers: 1st 2nd 3rd Span .•......,,. Exterior Wall Construction Interior Wall Covering l t 1, ` - . Size of Ceiling Joist Span r Size of .Rafters• Span, f.af .!.._;,. Interior Trim O.0 o.c Roofing, Type and Sheathing Size., '' ' i ' Floors Carpet Hardwood Dormers, Finish r Unfinished Fireplaces, How many? Heating, Type Plumbing: Have you filed a Sewage Application? `fW �t i"�''�Q "i Full Bath Rooms Stall Shower Bathrooms 141 - Toilet Rooms Outside Shower Hot Water Heater: Electric Gas Cooking Appliance: Electric Gas Estimated Completion Cost $ a " Lot Size (Sq. Ft.) ` • • i t, How near building to line of street How near the line of adjoining lot? Right •''-"•' Left Rear Do you own any adjoining lots to this lot? Have you owned any adjoining lots to this lot in the past? ..,:'.;:...; Building must be started within six months from above date and completed within 18 months. A Plumbing Permit must be obtain- ed from the Plumbing Inspector. An Electrical Permit must be obtained from Wire Inspector. A Home Fire Alarm Permit must be obtained from Fire Department. If Gas Appliance installed, a Gas Permit must be obtained from Gas Inspector, r Applicant agrees to give the Inspector of Buildings 48 hours notice to inspect footings and before closing in any walls or ceilings on this building. The building must conform to the requirements of the law. Certificate of Occupancy No person shall use or occupy any new building or addition until an application has been filed with the Inspector of Building. Signature of Owner BREWSTER FIRE DEPARTMENT PLAN REVIEW NAME: ? % E P19 r'✓/ f31' 0 LOCATION: C7Fr iv) /71/ / G� C_,G %7) 4:9<' DATE j' tv/ y. OCCUPANCY: C)1717- ( (- C- /' '7 T rt. BUILDING CODE & CMR'S: REQUIREMENTS: Y? 0 1c E ( l IC, 7/ / C _- L A77 'A/ ; (.//' /J f'-'! 7-76- ,v177,--'7) 6 •V r:? r2 Er) . RECOMMENDATIONS: PERSONS TO CONTACT. REVIEWED BY: APPROVED BY: / INSPECTION FILE• APPROVAL RETURNED: V-tS 1 f2oft • f 1 l ; t '1'1111 -e/7' 73 �, ftraGJ'ridG �r li.'b...J . ►,�,ti r t! y L h�C)tf� 5i S t.. 4Ii,''1tt r' �„ rral. (' Zvi r^ 2..11 '3 dd/ . .�.,t V • L � f•�.•r� �' t Gov; _. { � �F, „. � iJ R yti CI (: ", .ir. If 1-� �•. „�,.�.: F. (' 2l A Cc ?t , r catir;::.f l64.' pay jj pl 1 J E\. tl..t t i O ' 'v --r 1' t;' t !: • d:t ( :; .Stfl PIO5,u n. t •�t a r4 A t.( d :;- d : *^ —tom t7 �4 +.1 i G11�: c�+ C. I r> ; /v17 ,0 f ,,, Ar :. !r.:;aidL la• . ••+ r •-• .. • �" ., Or' c; , "r Ir7l3r . / !! t P A,'.7',5;,-‘ A 0177* s . 0-+ (:,,,) 3 O. 1,.f r�,g r • . ( .) D 06 it . 1.--1 `? jl t e, 61..A. -r,• k.,F e.il 1 7'e..•`tf A A }: k. . • 1' t. "` Ci,..71# LAO r % I 1\ t�,. +', } 4 ri„.„, a( •,a,..»d 1, ,ilr , ,)'. `+ % •1 !OS: ", 1,44.41, L /Woei-v, t rF fj_ f�� , • Lap, (It"! fc'.! a '�'. 1 `'���t 4 r' '�f ! •-J add G%!�_ . Cl f / a 1 I FOUNDATION LOCATION PLAN FOR THE PURPOSE OF A BUILDING PERMIT LOCATION: t t ` o L )4 'Z ? . F SCALE REFERENCE: DATE 1'-'/Z1 � ,:>,,,;"eye I HEREBY CERTIFY THAT THE FOUNDATION SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON. James H. Bowman P.E. CIVIL ENGINEER LAND SURVEYOR Route 8A, Orleans, Maas. REGISTERED LAND SURVEYOR Ati Of JAMES H. BOWM 1 N•. TE4sal. neTr LOCATION ISSUED TO MAP # LOT # Town of Brewster Brewster, Massachusetts 02631 FINAL INSPECTION FIELD CORRECTION NOTICE PERMIT NO CHECK ONE BUILDING 0 ELECTRICAL FIRE PLUMBING 0 GAS 0 PERMIT HOLDER AND/OR ALL RESPONSIBLE PARTIES NOTICE DELIVERED TO Upon inspection, violations of the Sec. were in evidence, The following orders are hereby issued for their correction PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN COMPLETED. ACCEPTANCE AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED ON OR BEFORE DATE BY i INSPECTOR MAP # LOT# Town of Brewster Brewster, Massachusetts 02631 FINAL INSPECTION FIELD CORRECTION NOTICE CiiECK ONE: BUILDING Q ELECTRICAL FIRE PLUMAING GA3 LOCATION PERMIT NO ISSUED TO PERMIT HOLDER AND/OR ALL RESPONSIBLE PARTIES NOTICE DELIVERED TO Upon inspection, violations of the Sec. were in evidence. The following orders are hereby issued for their correction. )s ),- , 1)., f k PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN COMPLETED. ACCEPTANCE AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED ON OR BEFORE DATE � BY INSPECTOR DATE LOCATION tJC? MAP* \ 1} Town of Brewster LOT# Brewster, Massachusetts 02631 ROUGH INSPECTION FIELD CORRECTION NOTICE ISSUED TO r' PERMIT`HOLDER AND/OR ALL RESPONSIBLE PARTIES ---, NOTICE DELIVERED TO art CHECK ONE BUILDING 0, ELECTRICAL. FIRE PLUMBING GAS El PERMIT NO Upon inspection, violations of the Sec. were in evidence. The following orders are hereby issued for their correction nId •,1 I v , cz: , , 4Vi'i I, PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN COMPLETED, ACCEPTANCE AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED ON OR BEFORE 4/1 BY INSPECTOR '/i.C) u r fr> l., ,7 <.. 1 '.Gast r Li ?\ LC ?vt 1,_-i •‘;C , L,1 (,.-1 ( f1 ) , . ,°' r a 1 1& if f f ( y �.) rOrr. f ti LOCATION ISSUED TO MAP # LOT# Town of Brewster Brewster, Massachusetts 02631 ROUGH INSPECTION FIELD CORRECTION NOTICE CHECK ONE BUILDING ELECTRICAL. FIRE El PLUMBING GAS o PERMIT NO PERMIT HOLDER AND/OR ALL RESPONSIBLE PARTIES NOTICE DELIVERED TO Upon inspection, violations of the Sec, were in evidence. The following orders are hereby issued for their correction 1 AC r t• I 6 H L) f ' s r, I} ASE CALL FOR INSPECTION VI/HEN CORRECTIONS HAVE BEEN COMPLETED. ACCEPTANCE AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED ON OR BErFORE DATE r 6. BY r r ) 1-0 INSPECTOR MAP # LOT # Town of Brewster Brewster, Massachusetts 02631 ROUGH INSPECTION FIELD CORRECTION NOTICE CHECK ONE BUILDING ELECTRICAL. El FIRE � PLUMBING 0 GAS LOCATION PERMIT NO ISSUED TO PERMIT HOLDER AND/OR ALL RESPONSIBLE PARTIES NOTICE DELIVERED TO Upon inspection, violations of the Sec. were in evidence. The following orders are hereby issued for their correction• , PLEASE CALL FOR INSPECTION WHEN CORRECTIONS HAVE BEEN COMPLETED. ACCEPTANCE AND APPROVAL BY AN INSPECTOR OF THIS DEPARTMENT IS REQUIRED AND MUST BE CORRECTED ON OR BEFORE DATE i f' ,7 j ' . BY INSPECTOR Ot (1,1` uf oartazetts TOWN OF BREWSTER In accordance with the Massachusetts State Code, Section 119.0 this CERTIFICATE OF USE AND OCCUPANCY • is issued to Stephen B. Brown I have inspected the Commercial Premises known as Map 15 113 , located at 2626 Main Street in the town of Brewster, Mass. County of Barnstable, Commonwealth of Massachusetts. To the best of my knowledge, and noted below, the building is in compliance with the. Basic Code and for the purpose stated 1st Floor Mercantile 100 P.S.F. First F1 USEGROUP 2nd Floor Business LNELOAD 50 P.S.F. Second Fl FIRE GRADING unless otherwise below. oor oor 80 P'.S.F. Second Floor Corridor 4 B occ 0AD 55 Persons -F- st Floor sons s=cond Floor D to Certificate Issued The building official shall be notified of any changes in the above information. - - —7/r 7f 31i--% 'S''3 - 3/iyu 1113 h//3—/ • z. • • • 0"; • • • I; Ii 1 k S: / -1 0 o 0 , �rrl co.c. ti 7; , 91,y.�vaE e,, me.b 7Ea�x 1 /4 a0 . ly �ydJECT,�o yII -7 l i? 711. 7.-Wsg 4r ,o 47,4 U :14 r1cc..D/. rs„iSic,v f ..--77:7-1,-- _,,..fi t :,Yj sr.r s,',444 -R.4)27 -16k,,, I . -'- T . ,z -,;.z..,--2, . ,2 77-.6-r GA, --r �, rj e..l ,72.ys , : - { -(.) •-fq.� , .� .- . o, "yY,,. _.,‘,4„,,,A_, ._ I I 1 7)o /9;Q" 14r /a.•r,C s - 9 77e, SG.. Fj, vli': : t k;kk kt) A ';:zenn - PERMIT # 9)1 MAP LOT # J/3 — DATE ISSUED 7 ~ ZZ - Town of Brewster BUILDING DEPARTMENT APPLICATION FOR PLAN REVIEW AND PERMIT TO BUILD TOTAL $ DEPOSIT $ FEE $ / (.9 7 sH FILING DATE The undersigned hereby applies for a permit to build according to the following specifications and accompanying documents. OWNER'S NAME A -mod W// N. OWNER'S TEL. NO, CO ) p&1 ". 9,aU BUILDER'S NAME W 1 jPI c 4 7>L1 - 212- - S'.3 Is' '? BUILDER'S TEL. NO. (t 3) 6 8�7 ii' ) CONSTR CTION SUPERVIS R'S LICENSE NO, j� tY I Sy �j s 4--k(0, LOT SIZE MAILING ADDRESS ADDRESS 43 Aorr% - r47-14, �l HOME IMPROVEMENT REGISTRATION NO 1 ve 7 5 ci -�. LOCATION OF BUILDING (Street) .2 y �}"'� J , AREA ZONE R M`'R L._..._ R. CH t/.V.B ✓I WATER SOURCE: Town -10'''r -Well CONSTRUCTION OF: NEW ALTER AD t/DEMOLISH_ MOVE MECHANICAL MASONRY TYPE OF BUILDING: ONE FAMILY RESIDENCE _COMMERCIAL BUILDING GARAGE HECK —F�L_ FENCF BRIEF DESCRIPTION OF PROPOSED WORK' .57-0014/1 Ay923A• D F -f U77i sivi5 vitIet3 d f 7 2 X Li ` `,v fct-b / L Lc cSU PROPOSED (Sq. Ft.): BASE./CELLAR t 1st FLOOR �2 ' 2nd FLOOR OTHER TOTAL MECHANICAL CONTRACTOR MASONcd GGOV /i' j/I(C LICENSE NO. %/ HEATING SOURCE, GAS OIL ELECTRIC F H W F W A RADIANT /VA- HOT WATER HEATER: GAS OIL ELECTRIC COOKING APPLIANCE: GAS ELECTRIC HOW NEAR IS BUILDING TO: STREET LINEb? RIGHT SIDE LINE .300 LEFT SIDE LINE' i'6^0 ' REAR LINE �V C.)' HAS A SEPTIC PERMIT APPLICATION BEEN FILED? YES NA DATE STATUS NO ESTIMATED COMPLETION COST? ESTIMATED START `61/.6.-' Building must be started within six months of permit Issuance, and proceed at a reasonable rate. Plumbing, electrical, gas, fire alarm, driveway, septic permits must be obtained if applicable. ACCOMPANYING DOCUMENTS: SITE PLAN (including proposed setbacks) FOUNDATION PLAN C- FLOOR PLANS TYPICAL X -SECTIONS (ice' ELEVATIONS ENERGY CALCULATIONS ❑ H.D.C.N" 9 dG BOARD OF APPEALS ❑ CONSERVATION /VA MATERIAL DISPOSAL Er" FIRE DEPT. MA W.C. AFFIDAVIT(S) ❑ DPW Official Use Only WN OF BREWSTER i DING DEPARTMENT ESTIMATED COMPLETION DATE Applicant agrees to give the Building Dept. 48 hours notice for ail required inspections. The building must conform to the requirements of the Mass. State Building Code, 780 CMR, and all other pertinent laws, bylaws, codes and regulations. Owners pulling their own permit or dealing with unregistered contractors for applicable home improvement work do not have access to the arbitration program or guarantee fund under MGL C. 142A. CERTIFICATE OF OCCUPANCY No person shall use or occupy any new building or addition until a Certificate of Occupancy has been issued by the Building Department, - Owner Agent for Owner Owner: 5' Brewster Building Departrn 2198 Main Street Brewster, MA 02631-189 PLAN REVIEW CHECK CAPE pesigsupti.p "OurCiofismanship Builds Refationship3 14y D. Pricy OwnE 7 .Wes@capedq-4160 .cap:edesigribuik ..col Address: r /r c(7 1(/i Contractor: (,,JL S P 1' 0'40721 Address: C.S.L.: l6 //8' 3 6eitfiy s log- Yok, Insurance: Fire Dept: Health Dept.: H.D,C, Cons Com.: D.P.W.: Water Dept. Well Water: Town Road: _Descr..iption. of_P_roject: Site Plan Review: Map: Lot: Zoning: Setbacks- Front Side/Rear Energy Calc. / lrisulatio�i: Res/Com Check: (Y / N) Floor: Walls (R -value): Roof/Ceilings (R -Value): Foundation Type: Column Spacing; Girt Sizes: Joist Sizes: 1ST Floor: 2ND Floor: Attic: Primary Roof Rafters Pitch/Sizes/Spacing: Secondary Roof Rafters Pitch/Sizes/Spacing:, Header Schedule x > 6': Structure/Addition ft2: Window Light (x > 8%) : Venting (x > 4%) WFCNM Checklist: (Y / N) Arch. / Eng. Stamp: (Y / N) Review Notes: /-ibu.) /90 ,--5 6Lltc: 2/tt - Cvo7 t✓k/7* !Zv /zt 'vf t.c)/!va eoiu&—Poo coal ;2/ 7' Victor Staley From: Sent: To: Subject: Hi Victor, Yes that is accurate. Thank you. Wes Wesley D, Price jmycorestoration@hotmaii.comj Tuesday, December 09, 2014 7:06 AM Victor Staley Re: Brewster Herb Shop, Stephan Brown On DCc 8; 2014; at 6:23 PM, Victor Staley <vstalev@brewster-ma:gov> wrote: - Hi Wes, I hope this e-mail finds you doing well and enjoying life. Stephan contacted me last week and stated that he wanted to begin with his addition on his herb shop, Main Street in Brewster. I asked and he assured me that you are still on board as the Construction Supervisor for this project. If this information is not necessarily accurate may I ask you to contact me. Thank you. Victor Victor Staley Building Commissioner 2198 Main Street Brewster,MA 02631 508-896-3701 ext 1125 Victor Staley Building Commissioner 2198 main Street . Brewster, MA 02631 508-896-3701 ext 1125 1 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 1125 FAx: (508) 896.8089 W W W,TOWN,B RE WSTER,MA, US Field Correction Notice •Type of l'nspection .)V\"\C:)-. \ u MapJ5 OFFICE OF BUILDING DEPARTMENT Lot • I Building 0 Electrical 0 Zoning 0 Plumbing 0 Gas Location n,Vr Issued To C, hC.\\ The following orders are hereby issued for their correction: Permit # 3 -cd/ Please call for inspection when corrections have been completed (if applicable). Acceptance and approval by a Building Department Inspector is required. Date Inspector !�/ O(4)/ TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1125 FAX; (508) 896-8089 W W W.TOWN,EREWSTER.MA,US Field Correction Notice OFFICE OF BUILDING DEPARTMENT Type of Inspection /1(O6i1' r)(- _ Map /5 Lot /12)--42- -•i& Building ❑ Electrical ❑ Zoning 0 Plumbing 0 Gas Location Ai 24- fl I ) (1,i Permit # Issued To ...J-rThnn )rA,on The following orders are hereby issued for their correction: J/ ( /M O�G 4 - Please call for inspection when corrections have been completed (if applicable). Acceptance and approval by a Building Depat ment Inspector is required. Date /7 A1- 1 Inspector 44. M4Wu o1 Oretu tex 2198 MAIN STREET BREWSTER4 MA 0263 T PHONE (So8) 896-3701 EXT II2g FAX (508)896-8o89 www brewster-rna.gov L- ‘-1--) Field Correction Notice Type of Inspection Map AS OPPICE OF BUILDING DEPARTMENT Lot //--) --) 1'Building 0 Electrical 0 Zoning 0 Plumbing 0 Gas Location 2A1 4I4IIt) Issued To -}Qua) Permit # 2 't/V? The following orders are hereby issued for their correction: -- vot 6/a /I ((Oito/,J 1,( C=: 11- )0 (-X4)0-tit) 6• 61)_/)ylUcJ�- .��..�: • u- X1,4- _ • - 1-ri 106-6- 5 - -- --. -OA f �1u t r(ok. (7 (A/0 ()/9. f )100 j 1 yo 71.7 Ewe /i (4A)5e-, i u,� r idq.J r �_ 5AtOd "(00 I7C-c; c!�r�r �' ;��&/'oz c ULia r o, Please call for inspection when corrections have been completed (if applicable). Acceptance and approval by a Building Department Inspector is required. Date 6"(% Inspector /< LF--(/1Uk1 (� Tam of garetiZter 2.198 MAIN STREET BREWSTER, MA oz63 z PHONE (508) 896-3701 FACT 1125 Fax (508)896-8089 www.brewster-ma.gov Field Correction Notice OPPICE OP BUILDING DEPARTMENT Type of Inspection i1. la h or) Map 15 Lot y Building 0 Electrical 0 Zoning 0 Plumbing ❑ Gas Location r;? l i,); )-1 k' vi (t r) J l� Issued To biro on Permit # The following orders are hereby issued for their correction: rcow Please call for inspection when corrections have been completed (if applicable). Acceptance and approval by a Building Department Inspector is required. Date te -,g()- /`5 Inspector V2_ a:, Ma tun of 3greZter 2198 MAIN STREET BREWSTER, MA 02631 PHONE (508) 896-3701 EXT 1125 FAx (508)896-8089 www.brewster-ma.gov Field Correction Notice OFFICE OF BUILDING DEPARTMENT Type of Inspection r13. Map 1 a Lot 113l? TZ Building ❑ Electrical 0 Zoning 0 Plumbing 0 Gas Location (7.--26, 4/ 01/1 Permit # )J Issued To i>>}'h,/,c.7i) The following orders are hereby issued for their correction: ly�ln Ai ,-t. c, /Ns r, •Cx- 1 t D—PALal.vtSC Af6il,...� Please call for inspection when corrections have been completed (if applicable). Acceptance and approval by a Building Departme it Inspector is required. Date 16 Inspector (-2 Page 1 of 1 Richard Leibowitz From: Sent: To: Mark Mckenzie [markm@mckengineers.com] Monday, June 29, 2015 3:40 PM Richard Leibowitz Subject: Brown Project (Cape Herb Shop) Addition, Route 6A, Brewster Hello Richard, 1 have reviewed two items for the addition to the Brown Project on 6A 1) the ledger connections for the rafters and to the wall was completed as per contractor. 2) The plywood run horizontally with a narrow strip requires the edges to be bays,- The contractor will take care of installing the blocking. Mark Mark A, McKenzie, P.E. Pres., McKenzie Engineering Consultants, Inc. 1279 Millstone Road Brewster, MA 02631 (774) 353-2144 nickengineers.conl 6/30/2015 tk tg discussions with the blocked between joist TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE; (508) 896-3701 EXT 1125 FAX: (508) 896.8089 WWW,BREWSTER-MA,GOV September 21, 2014 Mr. Stephen Brown P, O, Box 1206 Brewster, MA 02631 OFFICE OF BUILDING DEPARTMENT Re: Building Permit #2013-248 to ConstructanAttached Storage Area at 2624 Main Street, Identified on Assessors Map 89 Lot 14 (Former Map 15 Lot 113-2) Dear Mr, Brown: Pursuant to State Building Code R105.5 I hereby grant an extension for the building noted above to no later then December 21, 2014, inc rely, ctor E. Staley Building Commissioner Vslmt °`d"` EW.. TOWN OF BREWSTER 4o v,peWgT OFFICE OF V `0� °�"°� ° ��9 2198 Mn�t STxEET BUILDING DEPARTMENT r} > BREWSTER, MA 02631 Pxorls; (508) 896-3701 Ex'r 1125 ° ¢ FAx; (508) 896-8089 nnen+Mo' • W W W.SREWSTER-MA.00V March 21, 2014 Mr. Stephen Brown P.O. Box 1206 Brewster, MA 02631 Re: Building Permit #2013-248 to Construct an Attached Storage Area at 2624 Main Street, Identified on Assessors -Map 89 -Lot 14 (Former Map 15 Lot 113-2) Dear Mr. Brown: Pursuant to State Building Code R105.5 I hereby grant an extension for the building noted above to no later then September 21, 2014. VS/mt Building Commissioner TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE; (508) 896-3701 ExT 1125 FAX; (508) 896-8089 WWW.BREWS FHK-MA,GOV September 21, 2013 Mr. Stephen Brown P.O. Box 1206 Brewster, MA 02631 OFFICE OF BUILDING DEPARTMENT Re: Building Permit #2013-248 to Construct an Attached Storage -Area _at.._ . _ 2624 Main Street, Identified on Assessors Map 89 Lot 14 (Former Map 15 Lot 113-2) Dear Mr. Brown: Pursuant to State Building Code R105.5 I hereby grant an extension for the building noted above to no later then March 21, 2014. ictor E. Stal Building Commissioner VS/mt Great Cape Herbs 2624 Main St. P.O.Box 1206 Brewster, Ma. 02681 508 896 5900 ginkgo@greatcape.com greatcapeocoin A 41, 7271, 14 e. &71- /e7/dV7-7- Great Cape Herbs 2624 Main St. P.O.Box 1206 Brewster, Ma. 02631 508 896 5900 ginkgo@greatcape.com greatcape.co n 4ofriffigex? ph4-7-1 • 1_ E— 21 C'_Fh2OL' • NPE1 LaaV'>N9N s Iyr.V'1 hzf' MO. 1/419011 • 1 oo= l— rZs - sa+�a innarl qtr • Frop ose & • `;;t1:*fb • pc pct w w/R-2( F•b yl�ssB k r �.r OATS - I? • Z j D -.7_, 5 r v. C",,= +-t .w"w I � 'II.' (1 "al ' " J Gi' 'J- 2 c"' O-1 ? ^' c' , "? S a C ' ? C� S/7'v- ' wP/ rC°t J j4-- �" r,"'JD 1.0 . Ilz3j. 9: ^v-nw1,..V' {I a, ,7 -J 1 ivti 'ic %,Z1 -f' 7S?7 Cvof'tij t v4 c J :17o1g i(x $x� crG-`•!t¢t��i 41/.4:'vfY\ (-J %•:7� S C/ 0;11 zit • L ^C aVhge11 110 (31 mol1 0 Po cA�nvd 1T' I'-"•—••70.• TJ( .,' re St1O c M) %�r.0 1,36 11 I~ 5-2/ 44S 2S 49 wl:(aisf vo 0 1' i GeeiA tAtteb SI,u1 262.E Mo;te• St RECEIVED RECEIVED ti • 11 0- T.E5 2W3 • BRE«:.i=P. try 2.4 RAFt : RS r_ '7;1 . r. .I ,14 i 411 I. 11.(41/. L_6'1 -us:-- L� t nJ r o .ern . rP kr� 4 2,S .C,Vps a (AA b,MoN. OCT 16 '_7012' BREWSTER BUILDING DEPARTI1'IEN T A5il4-M Fsn A 04'' Paty R2,9 R « tsa-N-' RA.17 it.'"-cHFG comic.. SP d.6 l�u wit 2l Fber3655 is 1)oc5 "e_, aP 2 nc1's UNer S° \ ' to EoaingC'+ -B Ciro J (G� 4'--0"xeink conc. w°11 on16"`x9° z 6 " Dr -or Att r-vn ea.es 0. 36 /• t a.,,\.^^f i✓ _u_ a,., ym^Lr zt"M61r ) t �—IA ?VT -9 21 —/d s wop `41,-F)73 'I 77(11 SC"; oo 8 x 9) v0 x. s^kk% c. os S F1 o.P •N C� r�Nc��Su IL lruedD C=Xtc�Z �N F �6TAtL g 9- ra/SP¢kN A. C-_LosP 29` -D' Ix" oy c_�,3 on -n-7 Crnrrt7_Lt3Sfib N-P,w Sco,2AAF-' .I 1 2a° t Q.S RECEIVED 1- FEB 0 4 2020 I BREWSTER BUILDING DEPARTMENT 2629 VAA-\N QEJkT M'B, \ 2 gS P1-.••ok PI.A"ry o� ti�w S�y2gAq lht•-,S) CERTIFICATE OF USE AND OCCUPANCY Town of Brewster Office of the Building Commissioner Property Address: 2624 MAIN STREET Description of Work; ADDITION OF STORAGE AREA Use Group. S-1 Occupancy Load; =1 Occupancy: 6 PERSONS STORAGE Building Code Edition Used: 7th Edition Live Load: N/A Construction_Type:_ Automatic Sprinkler Required: No Map; 89 Lot 14 Building Permit #(s): 13-3-248 Stipulation, Conditions, Variances: Automatic Sprinkler Installed: No Town of Brewster, Barnstable County, Commonwealth of Massachusetts. To the best of my knowledge, and unless otherwise noted, the structure hos been inspected and is in compliance with the State Building Code, 780 CMR Date Issued: September 3, 2021 Victor Staley, Building Commissioner: ol 14 -WS RECEIVED MAY 2 4 ?02?_ TOWN OF BREWSTER RIIILDING DEPARTMENT \kl"In3"11101118 4. #ODE^, (S:1; CERTIFICATE �.. Oi'USEAND-OCCUPAlitef //L - !e Town of Brewster Office of the Building Commissioner Property Address: 2624 MAIN STREET Map: 89 Lot: 14 Description of Work: ADDITION OF LAUNDRY AND KITCHEN TO SINGLE FAMILY DWELLING Use Group: R Occupancy Load: N/A Occupancy: ONE BEDROOM Single Family Dwelling Building Code Edition Used: 7th Edition Live Load: N/A Construction Type: 5-B Building Permit #(s): 10-3-94; 10-6-265 Stipulation, Conditions, Variances: Automatic Sprinkler Required: No Automatic Sprinkler Installed: No Town of Brewster, Barnstable County, Commonwealth of Massachusetts, To the best of my knowledge, and unless otherwise noted, the structure has been inspected and is in compliance with the State Building Code, 780 CMR Date Issued: September 3rd, 2021 Victor Staley, Building Commissioner: #22-14 Petitioner's submission Great Cape Co-op Inc. 2624-2628 Main Street RECEIVED JAN 3 1 2023 BREWSTER PLANNING BOARD ZONING BOARD OF APPEALS Timeline For the ZBA 2002 ZBA Hearing 2019 ZBA Hearing February 7th Fire Department Received call from Leah Knowles complaint about campers on property. February 8th Davis Walters inspects property and sends letter about campers. April 29th letter From the Town citing multiple zoning violations. Emails between Stephen and Davis starting on May 4th. 2 site inspections on June 23rd and July 6th September 9th letter from the town saying all zoning violations continued to exist Appeal filed 10/6/2022 ZBA Appeal Hearing on December 13th #22-13 December 14th David Schlesinger reached out to Davis to begin talking about a path forward. December 27th Town Counsel sends email stating" Mr. Walters is willing to meet with you to discuss these issues, however, given the pending appeal that you filed with the ZBA and the potential for litigation related to the ZBA's eventual decision, the Town requests that you acknowledge in response to this email that anything discussed with Mr. Walters during any future meetings will not be referenced as part of the ZBA appeal process or any litigation related thereto." ZBA Hearing on Feb 7th #22-14 1 Victor Vic Staley 1'uilclrlt}t t:: olilnlissicine'r :)190 Main Street Brewster, t\1f\ :2%01 ()\l. I1:",i Fftoc:live July (3, 2021 The Building Department will be open to the public on Tuesdays, Wednesdays and Thinsdoys during normal working hours of 11:30 to 4:00. If you need fhrrther assistance please call 508 896-370:1 ext. 112 or email at buildingebrewster_ ma.gpv. Prach and Recycle Permits are not available in person but can be purchased on line or ram. through our mail -in pro For the latest updates on Town services, please g program. visit www.brewster-ma.gov. Thank you for your continued understanding and cooperation. The Commonwealth of Massachusetts Secretary of State has determined that e- mail is a public record. From: Victor Staley Sent: Monday, August 16, 2021 2:44 PM To: Peter -Lombardi <plombardi@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster.- ma.gov>; Ryan Bennett <rbennettObrowster-rna.gov> Cc: building <building@brewsler-ma.gov>; brewplan <brewplanL brewsler-ma.gov>; Richard Leibowitz <rieibowilzQaPbrewsier-ma.gov>; Heath Eldredge <heldredge@brewster-ma.gov>; Amy von Hone <avonhone@ brewsler-ma.gov>; Sherrie McCullough <smccullough . brewster- ma.gov>; Tammi Mason <tmason@brewsler-ma.gov> Subject: Camping Hello All, I recently came across a situation where someone was occupying a camper trailer on someone else's property. I told both them (the campers) and the owner that they could not occupy a camper trailer unless it was located in a licensed facility (campground). The people thought that they were not violating any laws or regulations as when they did some research in the -lawn's Code Ilrey read Chapter 77 as allowing them to slay at this persons properly because iliey received permission. I could understand this confusion. Since there is clearly a conflict between Chapter 77 recognition threshold for camping on any property and Chapter 179 (Zoning Bylaw) more restrictive language (see attached) I would suggest that 01 'mint in the future That these two regUlationr, he reconciled. l baulk you. VicIol Victor Staley Building Commissioner 2198 Main Slreet Brewster, MA 02(31 sj[)8-896-3701 Effective July 6, 2021 The Building Department will be open to the public on Tuesdays, Wednesdays and Thursdays during normal working hours of 8:30 to 4:00. If you need further assistance please call 508-896_-3701 ext. 1125 or email at building@brewster- ma.gov. Beach and Recycle Permits are not available in person but can be purchased on line or through our mail -in program. For the latest updates on Town services, please visit www.brewster-rna.gov. Thank you for your continued understanding and cooperation. The Commonwealth of Massachusetts Secretary of State has determined that e- mail is a public record. 1 )( i sc:an0001.1AI! '.1 MB of e Tanumouturaltil ark Inatisadwrits TOWN OF BREWSTER In accordance with the Massachusetts State Code, Section 119.0 this CERTIFICATE OF USE AND OCCUPANCY is issued to Stephen B. Brown I have inspected the Commercial Premises known as located at 2626 Main Street Map 15 113-1 in the town of Brewster, Mass. County of Barnstable, Commonwealth of Massachusetts. To the best of my knowledge, and unless otherwise . noted below, the building is in compliance with the Basic Code and lot. the purpose stated below. 1st FloOr Mercantile 1 0 P.S.F. First Floor USE GROUP 2nd Floor Business LIVE LOAD 50 P.S.F. Second Floor 80 P.S.F. Second Floor -Corridor FIRE GRADING 4 B OCCL'ANCY OAD 55 Persons -F, st Floor oor D to Certificate Issued The buildis'g official shall be notified of any changes in the above information. S'3 7/PJ .F// 1/4)-6 TOWN OF BREWSTER, MASSACHUSETTS t Permit —Z3 -- S Map&Lot No. •13-' No BUILDING DEPARTMENT This is to certify that a permit is granted to WNER OFF/ ,f LOCATION To Build fteldrift: Alter Apr U4i.f $ Repair 00 a- -- provided -that- the -person accepting this permit- shall -is- every -respect conform to- --- - 2GZ8 • 114444, Fee £ q0 ti& I9-13 St TYPE OF BUILDING the terms of the application on file in this office, and to the provisions of the Statutes and the Ordinances relating to the Construction, Maintenance and Inspection of Buildings in the Town of Brewster and shall begin work on said bnilriing within six months from the date hereof, and prosecute the work thereon to a speedy completion Any violation of any of the terms above noted is an immediate revocation of this permit. This permit is Valid for 18 months from date of issue. If building not completed within 18 months a new permit must be obtained. Footings & Foundation Framing R. • S. Electrical C R. Plumbing C. Per Order of Selectmen of Brewster CERTIFICATE OF USE AND OCCUPANCY Town of Brewster Office of the Building Commissioner Property Address: 2624 MAIN STREET Description of Work: ADDITION OF STORAGE AREA Use Group: S-1 Occupancy Load: 6 Occupancy: 6 PERSONS STORAGE Building Code Edition Used: 7th Edition Live Load: N/A Construction Type: 5-B Automatic Sprinkler Required: No Map: 89 Lot: 14 Building Permit #(s): 13-3-248 Stipulation, Conditions, Variances: Automatic Sprinkler Installed: No Town of Brewster, Barnstable County, Commonwealth of Massachusetts. To the best of my knowledge, and unless otherwise noted, the structure has been inspected and is In compliance with the State Building Code, 780 CMR Date Issued: September 3, 2021 Victor Staley, Building Commissioner: CERTIFICATE OF USE AND OCCUPANCY Town of Brewster Office of the Building Commissioner Property Address: 2624 MAIN STREET Map; 89 Lot: 14 Description of Work: ADDITION OF LAUNDRY AND KITCHEN TO SINGLE FAMILY DWELLING Use Group: R Occupancy Load: N/A Occupancy: ONE BEDROOM Single Family Dwelling Building Code Edition Used: 7th Edition Live Load: N/A Construction Type: 5-B Automatic Sprinkler Required: No Building Permit #(s): 10-3-94; 10-6-265 Stipulation, Conditions, Variances: Automatic Sprinkler Installed: No Town of Brewster, Barnstable County, Commonwealth of Massachusetts. To the best of my knowledge, and unless otherwise noted, the structure has been inspected and is in compliance with the State Byilding Code, 780 CMR Date Issued; September 3, 2021 Victor Staley, Building Commissioner: 1 TOWN OF BREWSTER ZONING BOARD OF APPEALS DECISION NO. 02-26 In the matter of he Zoning -Bo ra,of Appeals hearing # 02-26, filed by Stephen B. Brown, --2628 Main st., ap i5; Lort1-3�j2. re-qVest-fora-Special-Permit-Is-under-Brewster Zoning Bylaw, Art. 11, c=-1�9-5-(E); to extend "retail and services" use under Sec, 179-11 into the "RM" portion of the property, As required by law, a duly advertised public hearing was held on August 13, 2002, at the Brewster Town Offices. Members of the Board hearing the petition were Messrs. Freeman, Harrison, Jackson, MacGregor and Stewart Preserit: Attorney David W, Woods, Jr. for Stephen Brown The Board found the following: • Subject building is located partially in the V -B District and partially in the R -M district and was formerly used in conjunction with a nursery center under a variance issued by the town. The R -M portion of the petitioner's property abuts the V -B portion of the petitioner's property to the east, Route 6A to the north, the Catholic Church to the west and the CH portion of the petitioner's property to the south. • Current usage. includes sale of both culinary and medicinal herbs, sale of take-out foods and sale of agricultural and nursery products. Proposed new usage includes Internet workstations and limited indoor/outdoor seating. • Petitioner plans to renovate the current structure which renovation will include additional floor space of about 266 square feet of which about 119 square feet will be In the R -M zone, as shown on drawing received 8/13/02 titled "Proposed addition for: • Great Cape Herb Shop, #2628 Main Street Brewster MA, Scale 1/a" = lft. dated 8/12/02 drawing #A1 0f 2" shows these proposed changes and is made part of this decision. • The espresso sign extends into the the R -M zone and is therefore not permitted. • The drainage basin at the entrance of the petitioner's premises is Inadequate to handle heavy runoff. The BoarsJ.determined that a special permit could be granted without the changes being substantially more detrimental to the neighborhood than the existing use., with -the following conditions: 1) Petitioner shall maintain a minimum of 800-sq. ft of agricultural including nursery use throughout the building, based on the revised building plans. 2) Petitioner shall eliminate or substantially reduce driveway flooding through the installation of a professionally designed drainage system approved by the Brewster Department of Public Works, prior to the issuance of an occupancy permit for the addition to the original building. 3) Petitioner shall delineate standard 10'x20' parking spaces via the use of devices such as car bumpers based on the attached drawing marked exhibit "A". 4) The current espresso sign extension, may remain In the R -M zone and Is therefore permitted as is. 5) Petitioner Shall limit the number of chairs to eighteen (18), both inside and out, with no more than (6) chairs in the R -M zone 6) • -Petitioner shall maintainthebalance-of the -R -M portion_of the_Iot_as_It_(s presently and the granting of the Special Permit applies only to the extension of the V-13 District use Into the R -M Zone portion oftheBuilding and its addition. Role call vote to grant the special permit: Harvey Freeman grant Brian Harrison grant Philip Jackson grant Bruce MacGregor grant Arthur Stewart grant rvey ye an, Chairman Thls decision is flied with the Town 0 , 2002. The twenty -day appeal has lapsed thl --' day o a" pAR 2002. Town Cler actin Gard( r, Cie Gmail David Schlesinger <davyboy808Cgmail.com> Path Forward 8 messages David Schlesinger <davyboy808@gmail.com> To: Davis Walters <dwalters@brewster-ma.gov> Bcc: spiffy926@gmail.com, Tina Sylvester <thersey83@icloud.com> Hi Davis Wed, Dec 14, 2022 at 1:14 PM I am reaching out to hopefully schedule a time to meet and look at potential paths forward out of this mess as was suggested by the board last night. Let me know what your availability is Thank you David David Schlesinger 1 Project Developer 831 Main Street (Rt 6A), Dennis, MA 02638 cell: 808-854-3661 office: 508.694.7889 1 ph2/fax: 508.694.7886 david@e2solarcapecod.com 1 www.e2solarcapecod.com Davis Walters <dwalters@brewster-ma.gov> To: David Schlesinger <davyboy808@gmail.com> Thanks for reaching out. Thu, Dec 15, 2022 at 9:07 AM I am home sick now but am happy to schedule a time to get together - perhaps next week, assuming that have just a cold and not COVID, etc. I am open Monday early afternoon, if you are available. I am also inviting Jon Idman, Town Planner, to join us. Is 2pm OK for you? Davis From: David Schlesinger <davyboy808@gmail.com> Sent: Wednesday, December 14, 2022 1:14:37 PM To: Davis Walters <dwalters@brewster-ma.gov> Subject: Path Forward [Quoted text hidden] David Schlesinger <davyboy808@gmail.com> To: Davis Walters <dwalters@brewster-ma.gov> Hi Davis Thu, Dec 15, 2022 at 9:21 AM Sorry to hear you are sick and I hope you get better fast. It's going around, my kids and wife have all been sick this last week, but somehow I've avoided catching it. No Covid, just some type of cold I guess. I have a 3 pm phone call I have to make at the office here in Brewster Would 130 Monday work? Best wishes David [Quoted text hidden] Davis Walters <dwalters@brewster-ma.gov> To: David Schlesinger <davyboy808@gmail.com> Cc: "Lynn St. Cyr" <Istcyr@brewster-ma.gov>, Jonathon Idman <j Idman@brewster-ma.gov> Thu, Dec 15, 2022 at 5:06 PM David - I have confirmed with Planning that 1:30p on Monday will work. We can meet in the Planning Dept. assuming that you will be the only one joining us. Davis From: Davis Walters Sent: Thursday, December 15, 2022 9:45:37 AM To: Lynn St. Cyr <Istcyr@brewster-ma.gov>; Jonathon Idman <jldman@brewster-ma.gov> Subject: Re: Path Forward Thanks Lynn. Perhaps I should ask or insist that this will be an entourage -less meeting On Dec 15, 2022, at 9:23 AM, Davis Walters <dwalters@brewster-ma.gov> wrote: He is asking for 1:30p on Monday.... Begin forwarded message: From: David Schlesinger <davyboy808@gmail.com> Date: December 15, 2022 at 9:21:41 AM EST To: Davis Walters <dwalters@brewster-ma.gov> Subject: Re: Path Forward [Quoted text hidden] Davis Walters <dwalters@brewster-ma.gov> To: David Schlesinger <davyboy808@gmail.com> Cc: "Lynn St. Cyr" <Istcyr@brewster-ma.gov>, Jonathon Idman <jIdman@brewster-ma.gov> David — Fri, Dec 16, 2022 at 11:34 AM I apologize but Jon and I are unable to meet with you on Monday as scheduled. I will be in touch next week. Regards, F. Davis Walters (him/he) Building Commissioner Town of Brewster 2198 Main Street Brewster, MA 02631 (508) 896-3701 ext. 1125 Beginning July 6th, Brewster Town Offices will be open to the public Monday, Tuesday, Wednesday, and Thursday from 8:30 to 4:OOpm. Beach and Recycle Permits are not available in person but can be purchased online or through our mail -in program. For the latest updates on Town services, please visit www.brewster-ma.gov The Commonwealth of Massachusetts Secretary of State has determined that e-mail is a public record [Quoted text hidden] David Schlesinger <davyboy808@gmail.com> To: Davis Walters <dwalters@brewster-ma.gov> Cc: "Lynn St. Cyr" <Istcyr@brewster-ma.gov>, Jonathon Idman <jldman@brewster-ma.gov>, Peter Lombardi <plombardi@brewster- ma.gov> Bcc: corey brown <cbbunh@gmail.com> Hi Davis Mon, Dec 26, 2022 at 3:22 PM Following up here to see about scheduling a time to talk and what I need to do to make that possible. Peter Lombardi, copied here, mentioned that I need to sign a waiver of some sorts to do so. Please let me know what next steps are Thank you David [Quoted text hidden] Davis Walters <dwalters@brewster-ma.gov> To: David Schlesinger <davyboy808@gmail.com> Cc: Peter Lombardi <poombardi@brewster-ma.gov>, Donna Kalinick <dkalinick@brewster-ma.gov> Good Morning — Tue, Dec 27, 2022 at 8:28 AM will reach out to town counsel about drafting an exclusion agreement. I will keep you apprised of the details. Regards, Davis F. Davis Walters (him/he) Building Commissioner Town of Brewster 2198 Main Street Brewster, MA 02631 (508) 896-3701 ext. 1125 Beginning July 6th, Brewster Town Offices will be open to the public Monday, Tuesday, Wednesday, and Thursday from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but can be purchased online or through our mail -in program. For the latest updates on Town services, please visit www.brewster-ma.gov The Commonwealth of Massachusetts Secretary of State has determined that e-mail is a public record [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] [Quoted text hidden] David [Quoted text hidden] David Schlesinger 1 Project Developer 831 Main Street (Rt 6A), Dennis, MA 02638 cell: 808-854-3661 1 office: 508.694.7889 1 ph2/fax: 508.694.7886 david@e2solarcapecod.com 1 www.e2solarcapecod.com David Schlesinger 1 Project Developer 831 Main Street (Rt 6A), Dennis, MA 02638 cell: 808-854-3661 1 office: 508.694,7889 1 ph2/fax: 508.694.7886 david@e2solarcapecod.com 1 www.e2solarcapecod.com David Schlesinger Tue, Dec 27, 2022 at 10:21 <davyboy808@gmail.com> AM To: Tina Sylvester <thersey83@icloud.com>, corey brown <cbbunh@gmail.com> [Quoted text hidden] [Quoted text hidden] Stephen Brown <ginkgo@greatcape.com> To: Davis Walters <dwalters@brewster-ma.gov> Cc: Stephen Brown <ginkgo@greatcape.com>, David Schlesinger <davyboy808@gmail.com>, Tina Sylvester <thersey83@icloud.com>, Donna Marie Wright <allsoulsnight@hotmail.com>, Manuel Ainzuafn <mainzuain@gmail.com>, Peter Duff <peter.duff@rocketmail.com> Hello Davis, from the Azores, Wed, May 4, 2022 at 11:38 AM Here is a beginning response to your letter of April 29, which I received Monday, May 2, 2022 via email. I will need much more information and explanation of these issues. You must read them over and have some answers before we can proceed on this. I am booking a flight back to Boston from my little retirement home oon Terceira Island in the Azores in order to deal with, and resolve, all of this. I will be available from Monday forward, so just let me know when you want to continue our discussion. Thank you Stephen Brown TOWN OF-BREWSTER 2198 MAIN STREET BREWSTER MA 02631 508-896-3701 Offices of: Building Health Fire Department Friday, April 29, 2022 MY Mak f s_ -a. NS. i. Alma i ii amob. , L 1t1i/NI KIM. ILI Y b IMAM. 1 Li Y •• ie, i= ci i r ' ==\ •Vrrar V/- [7RLWU'r3ILIM ra Offices of: Building 11 QQ IAAIW! CTRFFT Hea Rrisumro►a 6116 PYSRa9 t1r.•vvIe11•.r• r/Yi. Yr.� page 1 image22558320.png :,page l image22560192.png NOTICE OF VIOLATIONS AND ORDER TO CEASE AND DESIST — 2624-2628 MAIN STREET, BR.EWSTER Stephen B. Brown, Trustee of the Brown Realty Trust 2624 Main Street Brewster, MA 02631 Mr. Brown: This enforcement order shall serve to inform you of numerous ongoing violations of state and local laws relative to the property owned by you at 2624 and 2628 Main Street (the "Property"). SBB: the "Property" is 2628 Main St as per Town tax records. 2624 and 2620 are house numbers given by the Fire Department and do not refer to the property. As noted more fully below, the known violations ( SBB: Several of these alleged "violations" are surmised, and have no evidence of truth at this time) at the Property are extensive and many present immediate life safety concerns for the inhabitants of the Property. Your immediate attention to these matters is required. ( SBB: No specific time requirement) The violations noted herein are non-exclusive and there may be other violations unknown to the Town of Brewster (the "Town") at this time. Please also note that this order does not include known wetland violations which are currently being enforced through litigation in Barnstable Superior Court. SBB: Would "resolved" be a better choice of words, as there has been no "enforcement" necessary. Any "litigation" is being done co-operatively among myself, the Comm of Mass Mosquito Control Department, Environmental Consulting & Restoration, LLC of Plymouth, Ma., and the Brewster Cons Com. The Town requests that you allow access to all Town Officials with enforcement authority to determine the status of compliance with the violations noted herein particularly those which present immediate life and safety concerns. SBB: "The Town" ? Please clarify. Are you speaking for the Health Department, and the Fire Department, who seem to be signers of this document ? Or does your allusion to "The Town" include ALL other employees and Departments of the Town of Brewster ? I have always respected and allowed visits and inspections to my property over the past 49 years upon a request for same having been made by Town representatives. Just have the courtesy to call, as civilized people do. While the Town desires to work amicably with you to develop a plan to bring your Property into compliance, the Town reserves the right to pursue necessary relief in a court of competent jurisdiction should you not work in good faith to timely bring the Property into compliance with all applicable local and state laws. SBB : Davis, I find this sentence shocking in that, WITHOUT a civilized and neighborly face to face discussion of these issues as follow-up to our previous discussions,you have. issued these orders that are not only business -killing, but life threatening to a young family who you are, apparently, throwing into the streets with no hope of shelter and therefore safety. Please see attached documents as to the constitutionality of your actions. To the extent that you claim to operate a Farm Labor Camp on the Property SBB: I am very sorry but I have NEVER `claimed to operate a Farm Labor Camp'. I have told many people, yourself included along with the Housing Assistance Corporation and Brewster Housing Trust, that a Farm Labor Camp is one possible solution to the immediate housing crisis on Cape Cod, and specifically Brewster. I have been very actively pursuing Eversource Electric Company, and local electrician (Leon) Knight Electric to install a new service to the rear of the property so that we WILL be able to provide inspected and certified electricity to a POSSIBLE Farm Labor Camp, as well as to buildings on the property not presently serviced. I am 100 percent certain that, as building inspector, you are acutely aware that a devastating result of the Covid Crisis and the drastic supply line disruptions and profit gouging, is that nothing in the building trades is getting done in the same timeframe as three years ago. I have been a very "squeaky wheel" with Leon and Eversource for well over SIX MONTHS ( refer to Planning Board meetings that discussed night lighting in the gardens as far back as November, 2021 ). So for you to demand IMMEDIATE resolution and performance is unreasonable and un-doable. The Farm Labor Camp will possibly be manifested only when the infrastructure is completed. In the meantime the occupancy of mobile homes, trailers, and tents are allowed in Brewster in certain circumstances. Tina has a better handle on this than me. And I am sure that you will hear from her. , the Town orders ( SBB: "the Town"? or the Building Department ? ) that you provide all approvals obtained from the Massachusetts Department of Public Health pursuant to G.L. c. 111, Section 128G for operation of such a Farm Labor Camp including but not limited to a certificate of occupancy for the camp. ( SBB" See above ) Please note that use of mobile homes for housing of any farm workers on the Property is prohibited pursuant to 105 CMR 420.133 and the Town's Zoning Bylaw. SBB: I believe that the use of mobile homes for housing is permitted in circumstances. VIOLATIONS OF THE BREWSTER ZOINING BYLAW, MASSACHUSETTS STATE BUILDING CODE AND UNREGISTERED VEHICLES BYLAW 1) Structure referred to as "Burgess House" contains at least two (2) rental units (advertised on Airbnb) which were never approved as part of an Accessory Single-family Dwelling Unit (ADU) which requires a special permit from the Zoning Board of Appeals as this portion of the Property is located within the V -B Zoning District. The Building Department only has a record of one unit being approved in this structure. There are also no records of any required Certificates of Occupancy being issued for any units in this structure. You are hereby ordered to cease and desist continued rental of the units in this structure until all required permits are obtained from the Zoning Board of Appeals and Building Department. Occupancy of uninspected structures lacking a Certificate of Occupancy constitutes an imminent life/safety concern requiring your immediate attention. SBB: CO's for this building were first issued in 1986 when Miss Roger's Flower Shop entered as our first tenant ( The Putnam Family of Orleans ). They were followed by Vision Quest Art School, Great Locations, Great Vacations, Way To Go take out dinners, Pat Madry's take out vegetarian lunches, Kitchen Port kitchen design, Karma Foods and Wellness, Fare and Just Kitchen, a lady who did a business service, and artist, and the second floor units were made into apartments in 1986, for which we have the Building Permit but no one can find the CO from back then. So this conversion to apartments did not at that time, require any hearings with ZBA or Planning Board, and I expect to be treated accordingly. I am sure that you will do all in your power to help with resolving this. My tenants are responsible for obtaining their own CO's in the running of their individual businesses, so I do not know why you are saying that I am responsible ? Please clarify. 2) Burgess House has a commercial kitchen which has not received a special permit from the ZBA as required to operate the kitchen as part of a limited -service restaurant ("LSR"). You are hereby ordered to cease and desist further operation of the commercial kitchen until you receive all required peitnits from the ZBA and Building Department. SBB: See above. This is the responsibility of the owner of the business, Peter Duff. Please have a conversation with him. 3) Campers are not permitted in a Flood Zone. See Zoning Bylaw Section 179-7(F)(6)(a- c). A campground is a prohibited use in all zoning districts pursuant to Section 179-13(A) of the Zoning Bylaw. SBB: At present no one knows where the wetlands are on my property because the Cons Com told me I cannot use previous `wetland surveys'. We seem to be very close to having a new wetland survey plan soon, and in fact the Cons Corn representatives are supposed to cone around 4:30 this very day. If you know more about where campers and flood zones are, please share. Transfer of septage from the campers on the Property violates Section 179-13(C) of the Zoning Bylaw. You are hereby ordered to cease and desist from allowing further occupation of any campers on the Property within 21 days of issuance of this Order. SBB: Despite my 12 years' experience of camper travel around the USA, I have never heard that emptying a holding tank into a "septic dump out" receptacle into an approved septic system is illegal. You enlightenment will be greatly appreciated. 4) The addition on back of Coffee/Herb Shop building was allowed by a special permit limiting use to agricultural purposes. ( SBB: I do not recall this, but can check my files when I return home this weekend ) This building is now being used for retail and retail storage in violation of the special permit. You are hereby ordered to cease and desist further retail use until you obtain required zoning relief. SBB: Well, this is shocking and puzzling. Please explain why Great Cape Herbs is not engaged in agricultural purposes. I have been engaged in `agricultural purposes' since May of 1973 when Eastleigh Nurseries was opened for business. Yes, I am very much involved in "retail and retail storage" as I have been for 49 years. Please refer to my variance of 1973 to do exactly this. Are you really saying that, at age 76, I am to shut down my livelihood of 49 years ?!? I need an explanation forthwith. 5) Structure originally permitted as an agricultural storage shed which was converted to a cottage violates Section 179-13(D) of the Zoning Bylaw as it is located within a required side yard setback. You are hereby ordered to cease and desist further use of the shed structure until such time as you obtain a variance from the Zoning Board of Appeals or record a plan at the Registry of Deeds lawfully combining 2624 Main Street and 2628 Main Street. SBB: I have NO idea what building you are referring to. Or what you are talking about when you say— " lawfully combining 2624 Main Street and 2628 Main Street.". What ever is this ?? 6) All unregistered and dilapidated cars, trailers and buses on the Property in excess of one unregistered vehicle violates the Town's Unregistered Vehicles Bylaw Section 168-4. Operation of an automobile graveyard use is also prohibited by Section 179-56(B)(8) of the Zoning Bylaw. You are hereby ordered to forthwith remove all but one unregistered vehicle and/or trailer from the Property. SBB: Please clarify #6 above — "All unregistered and dilapidated cars, trailers, and buses". Does this mean 'all unregistered vehicles AND all dilapidated vehicles " or does it mean 'all vehicles that are both unregistered and dilapidated' ? I have no vehicles that are both unregistered and possibly dilapidated on my property. I have functional "farm trailers" that are used for agricultural purposes and never leave the property, thus do not require any registration. And I have non-functional trailers that we are rehabilitating into useable farm equipment. There are no buses on the property, .and have not been for about 4 months. To my knowledge as of this writing there are no' unregistered motor vehicles on my property, save my two farm tractors — a small Kubota and a John Deere 3320. It would be very helpful for the future to know exactly what is meant by "dilapidated", and who makes that determination. That definition, combined with whether or not "dilapidated" is combined with "unregistered", will allow me to make a more accurate determination as to whether or not any vehicles on my property are unlawful. 7) A review of the records of the Building Department has revealed that several structures on the property were constructed without required building permits and/or are being occupied without a Certificate of Occupancy. The construction and occupation of such structures without these perinits constitutes a violation of the Massachusetts State Building Code. You are hereby ordered to cease and desist further occupancy of these structures until such time as you obtain all required permits from the Building Department. Occupancy of uninspected structures lacking a Certificate of Occupancy constitutes an imminent life/safety concern requiring your immediate attention. SBB: Please specify what "several structures" you are referring to, as none come to mind. 8) Sheds which have been converted into dwelling units must be designed in compliance with FEMA Flood Zone standards. See Zoning Bylaw Section 179-7(D)(1)(a). SBB: Please specify what "several structures" you are referring to, as none come to mind. 9) Sign on building (Burgess House) never received a permit from the Building Department or Old King's Highway Historic District Committee as required by Zoning Bylaw Section 179-20(A). SBB: This is the responsibility of the owner of the business and therefore the sign. To the extent you are aggrieved by any orders issued herein pursuant to the Brewster Zoning Bylaw, you may appeal such orders to the Brewster Zoning Board of Appeals pursuant to G.L. c. 40A, §§8 and 15. Appeals of this Order relative to Building Code violations may be made to the Building Code Appeals Board within 45 days of the mailing of this Order pursuant to 780 CMR 113.4.1. I will cease my responses here as I have already burned up an entire day, and the issues below can be discussed after I receive answers to my questions and comments. Please note, however, that throughout your edict you have noted a range of times that I am `required' to act within, from "Immediately", to 21 days, to 45 days. Thus there is really no way to understand how or when I am to do the acting that you are demanding. As I have heard for many decades— "We need to talk". Soon Stephen VIOLATIONS OF MASSACHUSETTS STATE SANITARY CODE MINIMUM STANDARDS OF FITNESS FOR HUMANHABITATION (105 CMR 410.000), TITLE 5 (310 CMR 15.000), AND BREWSTER BOARD OF HEALTH REGULATIONS 1. Campers being used for human habitation on the property violate 105 CMR 410.430: Temporary Housing Allowed only with Board of Health Permission. 105 CMR 410.431: Any Exceptions to Minimum Standards Must be Specified "Temporary Housing means any tent, mobile dwelling unit, or other structure used for human shelter which is designed to be transportable, and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than 30 days. fl 2. Sanitary drainage system not provided for camper(s); 410.300: Sanitary Drainage System Required "The owner shall provide, for each dwelling, a sanitary drainage system connected to the public sewerage system, provided, that if, because of distance or ground conditions, connection to a -public sewerage system is not practicable, the owner shall provide, -and. - - shall maintain in a sanitary condition, a means of sewage disposal which is in compliance with 310 CMR 15.00: Subsurface Disposal of Sanitary Sewage (Title V5). (See 105 CMR 410.840.) In dwellings that are compliant with the requirements of M.G.L. c. 186, § 22, the owner may charge the occupants for the cost of sewer service in accordance with M.G.L. c. 186, § 22." 3. Unapproved or lack of access to utilities such as water, electricity, sewage system; 410.180 Potable Water, 410.190 Hot Water, 410.256 Temporary Wiring, 410.351, 410.352, 410.350 Plumbing Connections 4. Campers or overcrowded apartments may not offer adequate habitable space for each occupant; 410.400 Minimum Square Footage 5. Existing conditions may endanger or impair the health, or safety and well-being of occupants; 410.750 Conditions Deemed to Endanger or Impair Health or Safety The aforementioned Sanitary Code violations present immediate life and safety concerns for the individuals inhabiting the campers at the Property. You are hereby ordered to remedy these violations within 24 hours of receipt of this notification. 6. If there are ten or more chickens or one rooster on the Property, you will require a license from the Board of Health in accordance with the Brewster Board of Health Animal Regulations. 7. A review of the Board of Health's records relative to the septic system on the Property reveals serious concerns about the capacity of the current system relative to the current usage of the Property. You are hereby ordered to provide a certification from a professional engineer stating that the currently configured systems are adequate for the current usage of the Property and all existing sewer connections to the existing septic systems were properly approved and permitted. Submittal of a septic application with a redesigned system to accommodatethecurrent usage of the Property will be required within thirty (30) days of receipt of this notification if proof of engineer certification is not provided. You may request a hearing before the Board of Health relative to the Sanitary Code violations described herein within seven (7) days after service of this Order. To the extent you are aggrieved by any orders herein relative to violations of Title 5, you may appeal to a Court of competent jurisdiction pursuant to 310 CMR 15.421. The Fire Department has observed the use of extension cords providing electricity to campers at the Property. The use of extension cords to provide electricity to the campers on the Property is a violation of the Fire Code. 527 CMR 11.1.5.5 Extension cords and flexible cords shall not be affixed to structures; extend through walls, ceilings, or floors, or under doors or floor coverings; or be subject to environmental or physical damage. 527 CMR 11.1.5.6 Extension cords shall not be used as a substitute for permanent wiring. You are hereby ordered to immediately cease and desist from further use of extension cords to provide electricity to any campers on the Property. This violation presents an immediate life/safety concern. The Fire Department also observed the use of a wood burning stove in a bus on the Property. The use of this unpermitted wood stove presents an imminent danger condition. You are hereby ordered to immediately cease and desist further use of the wood stove in the bus on the Property pursuant to 527 CMR 1.7.8. This violation presents an immediate life/safety concern. To the extent you are aggrieved by any orders issued herein pursuant to the Fire Code, you may appeal same to the Fire Prevention Regulations Appeals Board within 45 days of service of this Order pursuant to 527 CMR 1.10.1.1. Thank you in advance for your prompt attention and response to the above listed violations. F. Davis Walters Building Commissioner Zoning Enforcement Officer (508) 896-3701 ext. 1125 Amy L. von Hone, R.S., C.H.O. Health Director (508) 896-3701 ext. 1120 Chief Robert Moran Brewster Fire Department 508-896-7018 i.revAter Pianniiig" ISoard 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewpian@brewster-ma.gov BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, June 12, 2019 at 6:30 pm Brewster Town Office Building Approved: t)7/fti719` Vote: 6-0-1 • Chair Kari Hoffmann convened the Planning Board meeting at 6:33 pm in the Brewster Town Office Building with members: Roberta Barrett, Ned Chatelain, Charlotte Degen, Madalyn Hillis -Dineen, Elizabeth Taylor, and Paul Wallace. Also present: Ryan Bennett, Town Planner, Lynn St. Cyr, Senior Department Assistant, and Robin Stein, Town Counsel. The Chair read the Recording or Taping Notification: "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting. In addition, if anyone else intends to audio or video tape this meeting he or she is required to inform the Chair." 6:34 PM CITIZEN'S FORUM No citizen comment, 6:35 PM PLANNING DISCUSSION Reorganization of Planning Board. Motion by Chatelain to Nominate Degen as Clerk of the Planning Board. Second by Taylor. Vote: 6-0-1 (Degen abstained). Motion by Taylor to Nominate Wallace as Vice Chair of the Planning Board. Second by Degen. Vote: 6-0-1 (Wallace abstained). Motion by Hoffmann to Nominate Hillis -Dineen as Chair of the Planning Board. Second by Taylor. Vote: 6.0.1 (Hillis -Dineen abstained). Hillis -Dineen took over as Chair. The Board reviewed the committee assignments. All members remained In their current assignments. 6:41 PM PLANNING DISCUSSION CONTINUED Continued discussion on Abby Road Drainage. Documents: • 05/12/10 Memo from Robert Bersin Attorney Matt Terry of Ament Klauer LLP was present on behalf of the Abby Road homeowners. Terry noted that John and Pat Kenney reviewed the Planning Department files. He noted the Planning Staff memo dated May 22, 2019 and the limited recourse available because the developer had no known assets. Terry stated that he had researched the assets of Newcomb Knolls LLC and found approximately $720,000 in assets assigned to the developer Including property and mortgages. Terry stated that assets were available to satisfy any judgment the Planning Board issued. Terry referenced Massachusetts General Laws Chapter 41, Section 81Y and Subdivision Rules and Regulations Chapter 290, Section 34B. Terry stated that the last lot was released almost two years ago and the homeowners are up against a two year deadline for developer accountability. He stated that a vote by the Board tonight would preserve the time frame in which the homeowners needed to act. Terry noted that the final lot was released in 2017 but the homeowners were unaware of the release. Terry stated that there are sufficient assets under Newcomb Knolls LLC for a judgment to be enforced. Terry stated that Planning Board minutes from 2010 identified the drainage problem as did the Bersin memo. In May and June 2010 the Planning Board further discussed the issue. Te,rry stated that it appears that the Board did not have the Bersin memo or 2010 minutes when the last lot was released in 2017. Terry stated that the Planning Board is the last recourse for the homeowners as they cannot afford litigation with the developer or road repairs. Terry stated that the homeowners seek an enforcement finding so that the developer will fix the drainage. PB Minutes 06/12/2019 Page 1 of 4 Robin Stein, Town Counsel, stated that Chapter 290 Section 34 discussed road repairs not defecte and in her opinion the Board did not have a viable enforcement option under this regulation. Bennett noted the Greenland Pond Association bond of $3500 which was used toward catch basin cleaning as an example of a maintenance bond. Bennett stated that there was no evidence of a problem persisting in the record and that Section 81Y shifts the legal burden to the Board for which they would need authorization from the Select Board and possibly the Finance Committee. If the Board was going to vote to take such action, it would need to happen at a future meeting and the developer would need to be notified, Barrett expressed concern that the problem existed from 2010 to 2017 yet the Board was just being notified. Terry stated that over the years owners have tried to deal with the developer and the DPW and Terry himself has been working with the homeowners for 18 months. He further stated that the sale of the final lots which sold more recently created a sense of urgency. In discussions with the developer, he did indicate that he would come out and fix the issues and small remediation steps were taken. Wallace stated that he agrees with Town Counsel that Chapter 290 Section 34 is for maintenance, not this type of issue. Wallace does not think the Board has a good case against the developer. The Board discussed subdivision rescission. Terry stated the homeowners were looking for enforcement not rescission. He stated that a condition of the subdivision approval was basin cleaning once every two years and that had not been done. Because of lack of maintenance, the catch basins were no longer functioning properly. Terry stated that the Board has a strong case based on evidence and lack of maintenance. Bennett stated that the Board had never received a request to enforce an obligation of this subdivision decision. Terry stated that the 2017 final lot release should have prompted a report from an independent engineer. Bennett referenced Chapter 290 Section 35 for clarification. Hoffmann asked when final pavement was done and Terry stated there is no record of final paving being done. Terry stated that the homeowners have refused to take over the road because of the drainage issue and hoped that would spur the developer to deal with the issue. Degen noted that a licensed engineer signed off on the as built. Degen also inquired as to whether it was possible that the drainage worked in 2010 but significant change in precipitation over the years caused issues. Terry stated that the intensity of storms may have increased but there has been a persistent problem since 2010. Taylor asked about the continued discussions with the DPW and the weight they carried. Stein stated that rescission of the subdivision approval was not an option. Terry noted a recent lot purchase in which the developer made representations that the drainage problem would be fixed, however there was no written agreement to repair. Wallace asked the Board to consider whether this was a defect or a maintenance issue. Barrett stated that the Board has not been presented with an engineering report regarding the problem and there was no communication from the homeowners between 2010 and 2017. Rick Bridgman, 25 Abby Road, stated that the homeowners do not own or control the road and the Board has not heard from them over the years because they were dealing directly with the developer. Pat Tammar, 33 Abby Road, stated that the first three homes built were at the end of the street where there was no drainage issue. Tammar stated that from 2010-2012 the homeowners were told that the remedy would be final pavement completion. She also noted growth in the catch basins. Hoffmann asked whether final paving was completed and Terry responded that the homeowners did not know. Terry stated that the catch basins appear to have been installed higher than they should have been but final paving may resolve that issue. The Board discussed options for moving forward. Motion by Wallace for Further Discussion between Staff, Administration and Town Counsel regarding Abby Road Options. Second by Barrett. Vote: 6-0.1 (Chatelain abstained). Taylor requested Terry provide any correspondence he had with the DPW. Pat Kenney, 24 Abby Road, stated that the developer's engineer noted puddling on the road and indicated that it could be resolved when final paving was completed. Hillis -Dineen stated that the Board may need to talk to the developer about possible options. Terry stated that he reached out to the developer's counsel about the Board meetings. John Kenney, 24 Abby Road, asked about Planning Board approval of the final plan and the as built that was submitted. Kenney asked what the Board was signing off on and what they reviewed to sign off. Wallace stated the Board relied on the engineered plans when making their decision to release the lot. PB Minutes 06/12/2019 Page 2 of 4 7:38 Prilf PUBLIC HEARINGS CONTINUED Special Permit and Site Plan Review Application #2019.01: Applicant/Owner: Stephen Brown for property located at 2624 Main Street and shown on Assessor's Map 89, Lot 14 in the Village Business (V -B), Commercial High Density (C -H), and Residential Medium Density (R -M) zoning districts. Pursuant to Brewster Zoning Bylaw Chapter 179-5E, 179-51, and 179-66, the Applicant proposes to expand an existing commercial use from the Village Business (V -B) zoning district into the Residential Medium Density (R -M) zoning district and construct a new building. (Continued from May 22, 2019.) Documents: • 05/16/19 Site plan • 06/03/19 Parking detail • Photo of proposed building Chatelaln recused himself due to previous absence and left the room. Stephen Brown was present and noted changes to the location of the dumpster and parking. Hoffmann asked about lighting specificallyone light at the front of the property that was facing upward. Brown stated that he would have the light adjusted so that it is facing downward. Hoffmann also stated that when she visited the site there were cars and a trailer possibly parked in the 100' buffer. Hoffmann stated that the Conservation Department would need to be contacted regarding any activity in the 100' buffer. Hoffmann noted that a 10' buffer exists between Brown's property and the church. Taylor stated that any work done within the 100' buffer needs to be discussed with the Conservation Department. Taylor asked for clarification on parking space #52. Taylor stated that dumpsters had to be enclosed and confirmed that Brown will have the dumpsters enclosed. Hoffmann asked about parking in spaces 24, 25, 26 since trash will be located near those spaces. Brown stated that those spaces will be blocked off with cones on scheduled trash pick-up days. Hijlis-Dineen stated that she appreciated all the work Brown has done and the community space that has been created. The Board discussed conditions for the draft decision including that parking has to be as shown on the plan, that there shall be no parking in the 100' buffer, and trash must be enclosed. Hoffmann noted that there was a tree that may be impeding parking in spaces 47 and 48 as well as the traffic flow. Wallace suggested a condition that all parking spaces have to meet the 10' x 20' size requirement so that there is ample room to back out of spaces without impeding traffic flow. Motion by Barrett to Approve the Site Plan for Special Permit and Site Plan Review Application #2019-01 with the Conditions Discussed and to Direct Staff to Draft the Decision. Second by Wallace. Vote: 6-0-0. Motion by Wallace to Close the Public Hearing on Special Permit and Site Plan Review Application #2019- 01. Second by Hoffmann. Vote: 6-0-0. 8:12 PM PUBLIC HEARINGS CONTINUED CONTINUED Special Permit and Site Plan Review Application #2019.07: Applicant: Ocean Edge Custom Homes. Owner: Joanne and Frank Mason. Representative: John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc. for property located at 0 Independence Way and shown on Assessor's Map 76, Lot 33 in the Commercial High Density (C -H) zoning district. Pursuant to Chapter 179-51 and 179-64B of the Brewster Zoning Bylaw, the Applicant is proposing to construct a three (3) bay commercial building for use as a building and construction trade shop or garage with an 800 SF security dwelling. (Continued from May 8, 2019.) Documents: • 05/30/19 Foundation plan, floor plan, and elevations • 06/05/19 Revised site plan • 06/06/19 Letter from John O'Reilly with parking agreement and lighting specifications Wallace recused himself from this application and left the meeting. John O'Reilly was present on behalf of the Applicant, Ocean Edge Custom Homes. David Crosbie of Ocean Edge Custom Homes was also present. O'Reilly noted that the Applicant has submitted lighting specifications as requested by the Board. He referenced the revised floor plans for the bays and apartments, noted a parking agreement the Applicant entered into with his neighbor, reviewed changes made to the site plan including that the proposed apartment was now detached, the trash area has been removed, a row of Leland Cypress has been added, asphalt has been eliminated by including native gravel and a bike rack has been added, PB Minutes 06/12/2019 Page 3 of 4 7:58 I'M PUBLIC HEARINGS CONTINUED Special Permit and Site Plan Review Application #2019-01: Applicant/Owner: Stephen Brown for property located at 2624 Main Street and shown on Assessor's Map 89, Lot 14 in the Village Business (V -B), Commercial High Density (C -H), and Residential Medium Density (R -M) zoning districts. Pursuant to Brewster Zoning Bylaw Chapter 179-5E, 179-51, and 179-66, the Applicant proposes to expand an existing commercial use from the Village Business (V -B) zoning district Into the Residential Medium Density (R -M) zoning district and construct a new building. (Continued from May 22, 2019.) Documents: • 05/16/19 Site plan • 06/03/19 Parking detail • Photo of proposed building Chateiain recused himself due to previous absence and left the room. Stephen Brown was present and noted changes to the location of the dumpster and parking, Hoffmann asked about lighting specifically one light at the front of the property that was facing upward. Brown stated that he would have the light adjusted so that it is facing downward. Hoffmann also stated that when she visited the site there were cars and a trailer possibly parked In the 100' buffer. Hoffmann stated that the Conservation Department would need to be contacted regarding any activity in the 100' buffer. Hoffmann noted that a 10' buffer existsbetweenBrown's property and the church.. Taylor_ statedthatany work done within the. 100'_ bufferneeds_ to be discussed with the Conservation Department. Taylor asked "for clarification on parking space #52. Taylor stated that dumpsters had to be enclosed and confirmed that Brown will have the dumpsters enclosed. Hoffmann asked about parking in spaces 24, 25, 26 since trash will be located near those spaces. Brown stated that those spaces will be blocked off with cones on scheduled trash pick-up days. Hillis -Dineen stated that she appreciated all the work Brown has done and the community space that has been created, The Board discussed conditions for the draft decision including that parking has to be as shown on the plan, that there shall be no parking in the 100' buffer, and trash must be enclosed. Hoffmann noted that there was a tree that may be impeding parking in spaces 47 and 48 as well as the traffic flow. Wallace suggested a condition that all parking spaces have to meet the 10' x 20' size requirement so that there is ample room to back out of spaces without impeding traffic flow. Motion by Barrett to Approve the Site Plan for Special Permit and Site Plan Review Application #2019.01 with the Conditions Discussed and to Direct Staff to Draft the Decision. Second by Wallace. Vote: 6.0-0. Motion by Wallace to Close the Public Hearing on Special Permit and Site Plan Review Application #2019- 01. Second by Hoffmann. Vote: 6.0.0. 8:12 PM PUBLIC HEARINGS CONTINUED CONTINUED Special Permit and Site Plan Review Application #2019-07: Applicant: Ocean Edge Custom Homes. Owner: Joanne and Frank Mason. Representative: John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc. for property located at 0 Independence Way and shown on Assessor's Map 76, Lot 33 in the Commercial High Density (C -H) zoning district. Pursuant to Chapter 179-51 and 179-64B of the Brewster Zoning Bylaw, the Applicant is proposing to construct a three (3) bay commercial building for use as a building and construction trade shop or garage with an 800 SF security dwelling. (Continued from May 8, 2019.) Documents: • 05/30/19 Foundation plan, floor plan, and elevations • 06/05/19 Revised site plan • 06/06/19 Letter from John O'Reilly with parking agreement and lighting specifications Wallace recused himself from this application and left the meeting. John O'Reilly was present on behalf of the Applicant, Ocean Edge Custom Homes. David Crosbie of Ocean Edge Custom Homes was also present. O'Reilly rioted that the Applicant has submitted lighting specifications as requested by the Board. He referenced the revised floor plans for the bays and apartments, noted a parking agreement the Applicant entered into with his neighbor, reviewed changes made to the site plan including that the proposed apartment was now detached, the trash area has been removed, a row of Leland Cypress has been added, asphalt has been eliminated by including native gravel and a bike rack has been added. PB Minutes 06/12/2019 Page 3 of 4 Taylor a ked about fire: do aart.m n:..egress requirements and the Applicantresponded that the proposed buildings meet those requirements. Hoffmann confirmed the size of the apartment. Hoffmann asked about the distance between driveways and noted the 120' requirement. O'Reilly stated that the distance between the Applicant's driveway and the business next door is approximately 95' and the Applicant is seeking a waiver from the requirement of 120'. Bennett stated that the Board could issue a finding on driveway distance. Barrett noted the parking agreement that the Applicant provided and the Applicant confirmed that the agreement will renew annually, if necessary. ,Barrett stated that the Applicant has met the parking requirement. Taylor inquired about maintenance of the fence and the Applicant stated that the fence did not belong to him but if the fence is damaged during work he will repair it. Hoffmann asked for the height of the tallest part of the building and O'Reilly stated that it was 20'. Motion by Hoffmann to Close the Public Hearing on Special Permit and Site Plan Review Application #2019- 07. Second by Degen. Vote: 6-0-0. The Board reviewed the special permit checklist. Bennett asked the Applicant to confirm the distance between the two driveways so a finding could be included in the decision. Motion by Chatelain to Approve the Special Permit and Site Plan for Special Permit and Site Plan Review Application #2019-07 with Conditions and Findings, as discussed. Second by Degen. Vote: 6.0.0. Taylor requested a condition be added to the decision for storm water management. Motion by Chatelain to Direct Staff to Draft Decision for Signature by the Chair on Special Permit and Site Plan Review Application #2019-07. Second by Barrett. Vote: 6-0-0. 8:37 PM PLANNING DISCUSSION CONTINUED Approval of Meeting Minutes: April 24, 2019 and May 22, 2019. The Board reviewed the April 24, 2019 meeting minutes, Motion by Hoffmann to Approve April 24, 2019 Meeting Minutes, as amended. Second by Taylor. Vote: 6-0-1 (Degen abstained). The Board reviewed the May 22, 2019 meeting minutes. Motion by Degen to Approve May 22, 2019 Meeting Minutes. Second by Barrett. Vote: 5-0-1 (Chatelain abstained). 8:40 PM TOPICS THE CHAIR DID NOT REASONABLY ANTICIPATE Degen summarized the June 3, 2019 Select Board meeting including the presentation of the Municipal Vulnerability Preparedness Report, Degen thanked Hoffmann for all her work as Chair of the Planning Board, Bennett noted that the Water Quality Review Committee will be presenting housekeeping revisions to the Water Quality Protection District Bylaw, Bennett expects the presentation to take place at the July 10th meeting and a public hearing will take place thereafter. Hoffmann announced the One Cape Conference which will take place on July 29 and July 30, 2019 and encouraged board members to attend. Motion by Hoffmann to adjourn. Second by Chatelain. Vote: 6-0.0. Meeting adjourned at 8:46 pm. Next Planning Board Meeting Date: 06/26/19 Respectfully submitted, E'RE6iETER TOM CLERK '19 AUG15 1 OP1 PB Minutes 06/12/2019 Page 4 of 4 Nil: pail * ;'�a„na4x.n�''o Rea. R5.1003 \\0\01111111,V � � /• E W iiii x .r� Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewsterrma.gov Date & The Received Town Clerk's Office LREWSTER HIM (:l '23JAN 5. G1= TIME EXTENSION/WAIVER/CONTINUANCE FORM DATE 12/13/2022 PETITION # 22-14 PETITIONER Great Cape Co-op (Represented by David Schlesinger, clerk) I hereby agree to extend the time limits for hearing decisions on the above petition required under M.G.L. Chapter 40A and Brewster cede Chapter 179 by 90 days. I understand and 'agree that this waives my rights to claim a constructive grant based on the WO) limits required under sections of M.G.L. Chapter 40 A and the Town of Brewster Code Chapter 179. APPLICANT/AUTHORIZED AGENT AGREED BY THE ZONING BOARD OF APPEALS: BR RftON C AIR 1 /'--t DATE Revised December- 2022 Continuance Form Page 1 of 1 .ERK Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, February 13, 2019 at 6:30 pm Brewster Town Office Building Approved: 02/27/19 Vote: 3-0-1 '19 HAR15 91.25M BREWSTER TOWN CLERK Vice Chair Madalyn Hillis -Dineen convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members: Roberta Barrett, Charlotte Degen, Elizabeth Taylor, and Paul Wallace. Ned Chatelain and Kari Hoffmann were not present. Also present: Ryan Bennett, Town Planner, Lynn St, Cyr, Senior Department Assistant, and Mary Chaffee, Select Board Liaison. The Chair read the Recording or Taping Notification: "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting. In addition, if anyone else Intends to audio or video tape this meeting he or she is required to inform the Chair." 6:31 PM CITIZEN'S -FORUM No citizen comment. 6:32 PM PLANNING DISCUSSION Approval of Meeting Minutes: November 27, 2018 and January 23, 2019. The Board reviewed the November 27, 2018 special meeting minutes. Motion by Degen to Approve November 27, 2018 Special Meeting Minutes. Second by Wallace. Vote: 4-0-1 (Barrett abstained). The Board reviewed the January 23, 2019 meeting minutes. Motion by Taylor to Approve January 23, 2019 Meeting Minutes, as amended. Second by Degen. Vote: 6.0.0. Review 2018 Planning Board Annual Report. The Board reviewed and discussed edits to the Planning Board annual report including the addition of information on each member's term and more detail as to the number of public meetings and hearings that took place on zoning bylaw amendments. Bennett will revise the annual report and review revisions with the Vice Chair before submitting the revised report to the Town Administrator's office. 6:41 PM COMMITTEE REPORTS Taylor stated that she attended the screening of "One Big Home" at the Brewster Ladles' Library. The documentary chronicles a builder on Martha's Vineyard. Taylor recommended all Board members view the documentary. Taylor discussed a follow-up forum being arranged through the Brewster Community Network. Bennett will let the Board know the date for the forum. Wallace also requested an e-mail with the name of the documentary. Hillis -Dineen attended the Municipal Affordable Housing Trust meeting which included training from Community Development Partnership on 40B housing developments. Judi Barrett facilitated the training. Bennett noted Brewster's current "safe harbor" status meaning that if a 40B Comprehensive Permit was filed with the Zoning Board of Appeals (ZBA), the ZBA would not be required to approve it. Hillis -Dineen noted that Brewster is considered a model community for its work on affordable housing. Motion by Wallace to Recess. Second by Degen. Vote: 6.0.0. 7:01 PM PUBLIC HEARINGS CONTINUED Special Permit Subdivision Application #2019-02: Applicant: Town of Brewster. Owner: Chester A, Robinson, I II, Kenneth A. Robinson, Judith Marshall, and Beth Ann Robinson for properties located at 180 WH Besse Cartway and shown on Assessor's Map 84, Lot 54; 206 WH Besse Cartway and shown on Assessor's Map 83, Lot 5; and 224 WH Besse Cartway and shown on Assessor's Map 84, Lot 22. All properties are located in both PB Minutes 02/13/2019 Page 1 of 4 the Residential Medium Density and Residential Rural zoning districts. A portion of the proposed subdivision is located within the Water Quality Protection District and the District of Critical Planning Concern. Pursuant to Brewster Zoning Bylaw 179-51 (Special Permits), Section 179-69 (Natural Resource Protection Design), and Brewster Town Code Chapter 290, Subdivision Rules and Regulations, the Applicant proposes to subdivide the properties to create four lots with the Owner retaining three of the lots with existing dwellings (approximately 6 acres total) and conveying one lot (approximately 41 acres) to the Applicant to be held as open space. (Continued from January 23, 2019.) Documents: None. Bennett stated that the Applicant has requested a continuance to the Board's March 13, 2019 meeting. Motion by Wallace to Continue the Public Hearing on Special Permit Subdivision Application #2019-02 to March 13, 2019. Second by Degen. Vote: 5-0-0. 7:04 PM PUBLIC HEARINGS CONTINUED Special Permit and Site Plan Review Application #2019.01: Applicant/Owner: Stephen Brown for property located at 2624 Main Street and shown on Assessor's Map 89, Lot 14 in the Village Business (V -B), Commercial High Density (C -H), and Residential Medium Density (R -M) zoning districts. Pursuant to Brewster Zoning Bylaw Chapter 179-5E,_179-51, and 179-66, the Applicant proposes to expand an existing use with a new building proposed as an herbal shop. Documents: • 06/09/15 Septic System Design Plan • 11/08/17 Floor Plans • 11/08/17 Elevations • 11/10/17 Site Plan • 12/06/18 Planning Board Application • 02/06/19 Department Review Comments • 02/11/19 Email from Stephen Brown • 02/12/19 Planning Staff Memo • 02/12/19 Revised Site Plan • 02/12/19 Revised Floor Plans • 02/12/19 Revised Elevations Matt Christiana of Aline Architecture and Donna Wright, associate of Stephen Brown, were present on behalf of the Applicant. Christiana reviewed the proposed addition and noted that the addition was two floors and would also have a basement. The herb shop would be located on the first floor of the proposed building; the second floor would either be a two bedroom apartment or treatment rooms for use by independent, alternative practitioners. The basement of the proposed building would contain an office for the Applicant and an apothecary. Wright stated that in the future the Applicant hopes to incorporate a medical doctor from the holistic medical field for the treatment rooms. Snowy Owl is planning to expand into the current herb shop space but not immediately. Bennett stated that she had spoken to the Building Commissioner and a review by the Planning Board may not be necessary for the Snowy Owl expansion because it is an expansion to existing space. Bennett further stated that she discussed the proposed options for the second floor with the Building Commissioner and the two bedroom apartment would not be allowed without a use variance as there are already two dwellings on the property and a medical office could be allowed on the second floor through a special permit to extend the use from the Commercial High Density (C -H) into the Residential Medium Density (R -M) zoning district. Hillis -Dineen asked for clarification on the Board's vote since the Applicant is presenting two proposals for the second floor. Bennett stated that the Applicant is requesting a special permit which the Board could approve with conditions stating that the medical office could be allowed through the extension of the use from the C -H to the R -M zoning district but that a second floor apartment would not be allowed without removal of one of the other two PB Minutes 02/13/2019 Page 2 of 4 dwellings on the property. Christiana stated that the Applicant may petition the ZBA for a variance to allow for the second floor apartment. Bennett acknowledged that the Applicant could proceed with a variance application to the ZBA. Barrett noted the existing dwelling as shown on the site plan and asked for clarification on the second dwelling. Christlani stated that there are two apartments on the second floor of the Karma Foods building. Barrett stated that the current site plan does not show parking for Karma Foods or the two apartments above Karma Foods and she would like that information to be shown on the site plan. Bennett stated that Karma Foods and the Snowy Owl have both undergone separate site plan reviews. Bennett noted that the Applicant has applied as a Planned Business Development and if the Board feels they need more information on the site they should request that information. Barrett noted that the Board has been asked to look at this as a mixed use project and it would be helpful to have information on all parking on site as well as traffic flow and site circulation information. Taylor asked if the Board should be reviewing this as a Planned Business Development. Bennett stated that one path the Applicant could pursue is a Special Permit to expand the retail use of the apothecary from the C -H to the R -M zoning district or the Applicant could move forward with a Planned Business Development for the entire site. Wallace confirmed that any modifications to the slte would come back before the Board. Degen read department comments into the record, Degen would -like -to see the entire development shown on the plan so the Board can fully understand traffic flow and - lighting on the site, Taylor asked for the size of the parking spaces and Christlani stated that that the spaces were designed in accordance with the town's parking guidelines. Taylor also requested that the Applicant provide a project narrative. Hillis -Dineen noted that the Board previously approved a stand up paddle board rental on the site and asked if the operation occupied a permanent structure on the site and Wright confirmed that the rentals were set up on racks and did not use a permanent structure on the site, Barrett asked for more information on the outdoor coffee shop the Snowy Owl has during the summer and asked for that area to be noted on the plan. Taylor stated that all buildings needed to be shown on the site plan. Degen asked if there was a walking path, bicycle rack, or any trash receptacles that need to be added to the plan. Barrett asked the Applicant to consider adding lighting for the new parking spaces (29-42) in the back of the building. Bennett stated that the Board would like more information on the site plan including exterior lighting. Bennett noted that the Fire Department has requested a swept path analysis and she will follow up with the Applicant on this request. Bennett further stated that the Board would like to see site circulation indicated on the plan, a list of all uses on the property, all sheds and outbuildings should be identified, and walking paths should be shown on the plan. Bennett stated that the Board could approve the special permit and site plan tonight contingent upon submittal of a revised site plan with the revisions discussed or the Board could ask the Applicant to revise the site plan and provide the requested information before voting. Wallace confirmed that the Applicant will need a special permit for both of the proposals he has presented. Wallace also stated that a complete site plan will benefit the Applicant during the building permit process. Barrett stated that she would like to see a revised site plan before voting on the special permit. Taylor requested a project narrative. Taylor referred to the existing dirt road shown on the plan and stated that it appears to be passing through the 100' buffer, Christlani stated that it is an existing dirt road that is not used for vehicle traffic but to access land in the back of the property. Taylor suggested the Applicant speak to the Conservation Administrator about the road. Degen stated she would like to see additional information on the plan for the Board to review before taking a vote on the application. Barrett suggested the Applicant choose one of the two options presented for the second floor upon his return with a revised site plan. Wright stated that the Applicant was hoping to get both concepts approved. Wallace asked if the Board can condition the special permit to allow for the apartment so long as a variance Is obtained through the ZBA. Bennett stated that the Applicant should choose one of the two proposals for the second floor for the Board to vote on. Taylor asked if an apartment would be allowed for each building in a Planned Business Development and Bennett responded that the zoning bylaw is not that prescriptive when it comes to apartments in Planned Business Developments. Taylor asked if the Applicant could have both security apartments and accessory dwelling units on the site and Bennett stated the question needed further review. The Board suggested the Applicant speak further PB Minutes 02/13/2019 Page 3 of 4 with the Building Commissioner regarding options for on -site apartments. Wallace mentioned the Fire Department comments regarding a 20' width requirement behind the parking spaces and he recommended the Applicant to show the width on the plan. Motion by Barrett to Continue the Public Hearing on Special Permit and Site Plan Review Application #2019- 01 to March 13, 2019. Second by Degen. Vote: 5-0.0. 7:52 PM PUBLIC HEARINGS CONTINUED CONTINUED Special Permit and Site Plan Review Application #2018-23: Applicant/Owner: Christopher Dias, Cape Cod Grow Lab, LLC for property located at 1399 Freemans Way and shown on Assessor's Map 131, Lots 7 and 8 and Map 143, Lot 7 In the Industrial, Residential Medium Density and residential Rural zoning districts. Pursuant to Brewster Zoning By-law §179-51(Special Permits), §179-64 (Site Plan Review), §179-38.2 (Recreational Marijuana Establishments), and §179-56 (Water Quality Protection District), the Applicant seeks to construct a cannabis cultivation facility. (Continued from January 9, 2019.) Documents: • 01/19 Article titled "Marijuana, Mental Illness, and Violence" submitted by Fred Budreski, 02/13/19 • 01/18/19 Memorandum from Water Quality Review Committee to Planning board • 02/05/19 Email correspondence between Ryan Bennett and Suzanne Watson • 02/11/19 Draft decision • 02/12/19 Revised Site Plan Ben Zehnder of LaTanzl, Spaulding & Landreth and Becky Sheridan of Ryder & Wilcox were present on behalf of the Applicant. Barrett recused herself from the hearing on this application as she was not present for the previous hearing and not eligible to participate through a Mullin Affidavit, Barrett left the meeting. Hillis -Dineen stated that the application was approved at the Planning Board's January 9th meeting and the Board would be reviewing and approving the decision on the application during the meeting tonight. She referenced an article received from Fred Budreski and correspondence received from Suzanne Watson and noted that copies of both were available through the Planning Department. The Board discussed condition number 5 of the Special Permit and Site Plan Review Decision. It was suggested that revised language to be added stating that the Applicant will use "reasonable best practices" for odor control. Motion by Degen to Close the Public Hearing on Special Permit and Site Plan Review Application #2018-23. Second by Taylor, Vote: 4-0.0. Motion by Wallace to Approve the Draft Decision, as discussed and amended, and to Direct Staff to Make Revisions, as discussed, and the Vlce Chair to Sign the Revised Decision on Special Permit and Site Plan Review Application #2018.23. Second by Taylor. Vote: 4-0-0. TOPICS THE CHAIR DID NOT REASONABLY ANTICIPATE Bennett mentioned the recent approval of the short term rental tax by the state and stated that the Select Board is working on a policy for the town. Motion by Wallace to adjourn. Second by Taylor. Vote: 4-0-0. Meeting adjourned at 8:08 pm. Next Planning Board Meeting Date: 02/27/19 Respectfully submitted, -Dineen, Vlce Chair PB Minutes 02/13/2019 Page 4 of 4 • Introduction • Violations in Buildings • Campers • Conclusion 2 The Great Cape Co -Op was formed with the intention to buy the Jewel of Brewster from Stephen Brown and continue the dream of creating a place for the community to come, sit out in nature, learn about the plants, and give local businesses a chance to thrive in the center of town without losing the beautiful gardens that the townspeople have come to love and enjoy for many years. 3 Left is a picture of how unit 3 looks in the main living space Above is the "cracked tile" the Health Department took issue with. Left- the floor in the bathroom of unit 3, which has since had a bead of caulking put around the base of the toilet. Above- This is the shower ceiling in unit 3, due to a leak that we have been working on repairing, we accept that this needs to be fixed and were already trying to get it repaired before this was even brought up Left_This is the back emergency exit hallk.yay between Units 3 & 4, where, again, we had been attempting to locate the leak that caused the damage in both units and here in the ceiling. Above- Unit 4 Bathroom Ceiling, we don't deny that these need to be repaired and were already in the process even before these CcD's went out. The base ment was deemed by the health de partment not a habitable space, we agree, this space has been used for storage and at this time we don't intend to ask for it to be a habitable space. is` e room where t ► artrnent Nave aot b1049h p how't tot'a sec d' ans o -: oom cas.everadvertise iacation site. The Red cottage itself is .ecognized as a one bedroom 'welling yet a C&D was issued for the .ed cottage "any occupation AND/OR •ental advertising". This order to not )ccupy or use seems like an overreach 3s this house has the proper permits 'or occupancy. It appears the real issue the town has is with the use of RV's for people who have no other housing options. • This was brought up with the previous Building commissioner who sent a large email to all in town hall. • This email stated that there was "clearly a conflict" between Chapter 77 (the camping bylaw) and Chapter 179 (Zoning bylaw) • The two families who this affects the most did not intend to break any laws or cause problems. They just don't have anywhere else to go. Presentation title The Bylaws • Chapter 77- states that nobody can camp WITHOUT PERMISSION FROM THE OWNER Chapter 56-4 (Accommodations) states that it should not be construed to prohibit a property owner from accommodating trailers of guests, nor shall it be construed as ABROGATING the right of any property owner to erect "overnight cabins" • Chapter 179-8 (Zoning) implies that the chapter is not meant to impare or interfere with anu lawfully adopted bylaw, regulation, or rule. 10 Chapter 56 Accommodations overnight cabin, trailer, tent or motel. ❑ § 56-2 Spacing requirements. No overnight cabin, trailer, tent or motel shall be closer to another than 3o feet, and no unit shall be permitted to accommodate more than one overnight cabin, trailer, tent or motel. ❑ § 56-3 Proximity to street. No trailer camp or tent site shall be located closer to a street or public way than 200 feet. ❑ § 56-4 Exceptions. The provisions of this chapter shall not, however, be construed to prohibit any property owner, residing upon his own land, from accommodating auto trailers of nonpaying guests; nor shall they be construed as abrogating the right of any property owner to erect "overnight cabins," as they are commonly known, under the above unit rules and under such sanitary restrictions as the Town may establish. Presentation title 11 Chapter 77 Camping Town of Brewster, MA/ Division 1 Town Meeting Enactments/ Part II: General Legislation Chapter 77 Camping [HISTORY: Adopted 3-3-1969 Annual Town Meeting, Art. 33. Amendments noted where applicable.] ❑ § 77-1 Restricted activities. [Amended 5-14-1984 ATM, Art. 61] A. No person shall, between the hours of 8:oo p.m. and 8:00 a.m., set up on any property, public or private, without permission of the owner thereof, a camp, tent or sleep in the open on any property, public or private, within the territorial limits of the Town of Brewster. B. Any person violating this chapter shall be punished by a fine of $ioo for each offense. [Amended 5-7-2012 ATM, Art. 21] Presentation title 12 Chapter 179-8 Zoning Article 11! interpretation and ApF icatior_ ❑ § 179-8 Interpretation. ❑ § 179-9 Application. ® § 179-8 Interpretation. The provisions of this chapter shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals or the general welfare of the Town of Brewster, Massachusetts; and except for the Brewster Zoning Bylaw, dated 196o, and all amendments thereto, the provisions of this chapter are not intended to repeal or in any way impair or interfere with any lawfully adopted bylaw, regulation or rule. Whenever the regulations made under the authority hereof differ from those prescribed by any bylaw or other regulations, that provision which imposes the greater restriction or the higher standard shall govern. Presentation title 13 Presentation title Herb Shop Fare and Just Statement The businesses that are at this site have been threatened and ordered to Cease and Desist unlawfully and have caused immense distress to the owners and employees. This has also caused damages to the reputations and images of these businesses. I Peter Duff verity that the following Is accurate: Regarding the Apnl 29th cease and desist letter from the Tom of Brewster to Stephen Brown. Trustee of Broom Realty Trust the claim was made that the commercial kitchen located in the Burgess House had not received the required LSR (Limited Service Restaurant) permit. and was issued a cease and desist order. Upon receipt of the notice. I. Peter Duff. the owner of Vie aforementioned commercial kitchen. thought my restaurant was geeing shut down. and didn't understand why because 1 did In fact have a valid LSR permit I brought the existing LSR permit 10 town hall and was reassured 15311 d40T need to cease and desist from operating my badness. I was not provided any reason for why a cease and desist order was brought upon eie spare from which I run my business despite the existence of the permit in question. and the entire ordeal mused me and my business Immense distress. including my business being named Ina number of follow up news articles regarding the clears of pertaining issues. Peter Duel: 1P-64":7-- 12/132022 14 In Conclusion The Great Cape Co -Op is and has shown a willingness to work with the town to clear up violations on the property. We understand this is a large piece of property and it has several different zonings. Some of the violations, while true, are easily remedied and in some cases, already have been. We seek a path forward to help bring the property into compliance and also relief from what feels like harassment and discrimination. Presentation title Arboretum - Herbal Apothecaty 1 .��Y1pe �yr 15 ' #23-04 Applicants: Preservation of Affordable Housing, Inc. & Housing Assistance Corporation 0 Millstone Road STORMWATER ANALYSIS AND DRAINAGE REPORT 0 Millstone Road Comprehensive Permit Plans Brewster, Massachusetts Prepared for: Preservation of Affordable Housing, Inc. 2 Oliver Street, Suite 500 Boston, MA 02109 Prepared by: Horsley Witten Group, Inc. December 2022 Horsley Witten Group Sustainable Environmental Solutions 90 Route 6A • Uni1 1 • Sandwich, MA 02563 506-633-6800 • horsleywillen cam TABLE OF CONTENTS 1.0 STORMWATER AND DRAINAGE NARRATIVE 1 1.1 Existing Conditions 1 1.1.1 Soils 2 1.1.2 Stormwater Management 3 1.1.3 Drainage Area 3 1.2 Proposed Conditions 4 1.2 1 Stormwater Management 5 1.2.2 Drainage Area 6 2.0 DRAINAGE DESIGN METHODOLOGY AND ANALYSIS 7 3.0 CONSTRUCTION ACTIVITIES 10 4.0 ANALYSIS OF MASSACHUSETTS STORMWATER STANDARDS 11 5.0 CONSTRUCTION PHASE POLLUTION PREVENTION PLAN 15 5.1 Structural Practices 15 5.2 Stabilization Practices 16 5.3 Other Types of Controls 16 6.0 STORMWATER OPERATION AND MAINTENANCE PLAN 19 7.0 REFERENCES 19 TABLES Table 1: Rawls Infiltration Rates 3 Table 2: Existing Land Coverage 4 Table 3: Proposed Land Coverage 6 Table 4: Peak Flow and Volume Comparison 9 APPENDICES Appendix A: Soil Data Appendix B: Drainage Area Maps Appendix C: Water Quality Volume (WQv) Sizing Calculations Appendix D: HydroCAD® Modeling Appendix E: Recharge Calculations Appendix F: Pollutant Removal Calculations Appendix G: Storniwater Operation and Maintenance 1.0 STORMWATER AND DRAINAGE NARRATIVE This Stormwater Analysis and Drainage Report provides a summary of the stormwater management system for the proposed Millstone Housing development project located at 0 Millstone Road in Brewster, Massachusetts. The purpose of this report is to describe the pre - and post -development site conditions .and the practices to be used for reducing stormwater discharges and pollutants during and after construction. The proposed project has been developed to incorporate a series of stormwater infiltration and green stormwater infrastructure (GSI) practices into the overall site and landscape design. The design includes natural practices such as vegetated bioretention areas and grass swales, as well as underground chambers to store and infiltrate runoff generated within the development area. As there are no regulated wetland resource areas on or near the site, the proposed project is not subject to the requirements of the Massachusetts Stormwater Handbook (revised in January 2008), including the ten associated Stormwater Standards. However, the size of the project (disturbance of greater than 20,000 square feet) necessitates compliance with the Town of Brewster Stormwater bylaws and the project was therefore designed to meet the Stormwater Standards. The overall goal of the proposed stormwater management design is to mimic the existing hydrologic properties of the site through the use of thoughtful grading, vegetated swales, GSI practices and underground recharge chambers, to ensure that all applicable water quality and groundwater recharge standards are met and that peak rates of runoff are attenuated during the range of design storms through the 100 -year event. Refer to Section 2.0 — Drainage Design Methodology and Analysis and Section 3.0 — Analysis of Massachusetts Stormwater Standards for detailed information about the proposed design. The proposed stormwater controls will be maintained appropriately during regular operation of the site, per the Operation and Maintenance Plan (Appendix G), as well as during construction as indicated on the Drawings. 1.1 Existing Conditions The proposed project site, owned by the Town of Brewster, is undeveloped with no identified environmental contamination or hydrologic concerns. The site, designated as parcel 12 of tax assessor map 98, is a 16.6 -acre parcel located on the west side of Millstone Road, directly east of the Ocean Edge Golf Club golf course and condominium development. The other adjacent parcels are residential. The project site is currently wooded with no wetlands, and it is classified within FEMA Flood Zone X (above the 100 -year floodplain). The topography of the project site generally varies between elevation 80 and 120 feet, with natural valleys, ridge lines and depressions; landforms that were created by the dynamic glacial environment. The parent soil material varies between outwash, ablation till and glaciofluvial deposits. The site is currently densely vegetated, with the trees comprising mainly scrub oaks and pitch pines. Some large glacial erratic boulders are apparent on the site. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 1 of 20 The northeast part of the site drains northeast, to the natural depression and to the roadway. The rest of the site generally drains west across abutting properties toward Ocean Edge Golf Club, as depicted on the Existing Conditions Plan (Sheet C-4) and the Drainage Area Maps (Appendix B). 1.1.1 Soils The United States Department of Agriculture Natural Resource Conservation Service (USDA NRCS) Web Soil Survey indicates that the project site soils consist of very bouldery Barnstable - Plymouth -Nantucket complex (494C), Plymouth loamy coarse sand (435B), and very stony Plymouth loamy coarse sand (436B). The Plymouth -Nantucket complex underlies nearly all of the area where development is proposed, with the other two minor components lying to the east and south of the proposed development. On -site soil testing, which consisted of nine deep hole observation test pits, was conducted by Horsley Witten Group on December 6, 2022; the findings generally confirmed the information contained in the Web Soil Survey. The topsoil and subsoil horizons were classified as sand and loamy sand, while a coarse sand was encountered at the bottom of each hole. In some holes, namely TP 2, TP 6, TP 7, and TP 8, a sandy loam layer was present above the coarse sand. No indication of seasonal high groundwater was observed in any of the test holes, but redoximorphic coloration due to the sudden textural change between loamy and sandy horizons was frequently apparent. Two Title 5 percolation tests were performed, which were witnessed by the Town Board of Health. The first test was performed in TP 2 at a depth of 45", in fine sandy loam, and yielded a perc rate of 5 minutes per inch. The second test, in TP 4, was performed at a depth of 36", in medium sand and resulted in a perc rate of less than 2 minutes per inch. Design infiltration rates will be applied to the various soil textural classes according to the Rawls classification (Table 1). The background soils information for the project site can be found in Appendix A of this report. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 2of20 Table 1: Rawls Infiltration Rates Texture Class MRCS Hydrologic Soil Infiltration Rate Group (HSG) Inches/Hour Sand Loamy Sand Sandy Loam Loam Silt Loam Sandy Clay Loam Clay Loam Slily Clay Loam Sandy Clay Silty Clay Clay A A a a C C D D D D D Source: Rawls, Brakenslek and Saxton, 1982. 8.27 2.41 1.02 0.52 0.27 0.17 0.09 0.08 0.05 0.04 0.02 1.1.2 Stormwater Management There is no existing stormwater management on site. Due to the underlying soils (Hydrologic Soil Group A), undeveloped condition of the site, and topography, very little stormwater runoff is generated. The majority of runoff generated eventually drains to the south, toward a forested valley flowing west through the open space associated with the Captain's Village Lane development. A natural ridgeline on the northerly portion of the property prevents runoff from flowing in that direction toward Ocean Edge. HW has carefully reviewed the previous Watershed Study prepared by Bohler for the project site (dated January 4, 2021), and generally concurs with their findings. Existing drainage problems were documented at the low point of Fletcher Lane, which appear to be the result of poorly designed drainage infrastructure or improper maintenance at this natural low point. The proposed Millstone Road housing development, as designed, is not expected to negatively affect the Ocean Edge property due to the mitigation provided for all storm events up to and including the 100 -year storm. Rainfall amounts for the specified storm recurrence intervals are based on the 90th percentile precipitation estimates from the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Point Precipitation Frequency Estimates for the area. These rainfall numbers are the most conservative values used in the industry and are meant to account for the increased storm intensities that have been experienced in recent years. 1.1.3 Drainage Area The existing drainage analysis was performed on 6.85 acre (298,458 sf) section of the subject property, focused only on the area within and around the proposed limit of work. The areas outside the limit of work will not be disturbed and will maintain their existing drainage conditions. The existing drainage analysis is based on the following land cover breakdown: Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 3 of 20 Table 2: Existing Land Coverage Coverage Area (sq ft) Area (acres) Paved 115 0.003 O 1% Gravel 0 0.000 60% TOTAL f 298,458 f 6.852 100% The study area was delineated into four catchment areas. A small area, DAO, in the northeast section of the site drains towards Millstone Road. DA1 drains north towards the adjacent property at 560 Millstone Road. DA2a consists of the central area of the site and drains to a local low point within the limit of work. DA2 is the largest of the drainage areas, comprising the southern section of the site and draining to a forested valley which continues sloping downhill to the south and west of the project site. The drainage area map for existing conditions is provided in Appendix B. 1.2 Proposed Conditions The Applicant proposes to construct the following: • Ten multi -family buildings containing 93 total bedrooms, as follows. o Building 2: Nine 1 -Bedroom, two 2 -Bedroom, and two 3 -Bedroom units (13 units) o Buildings 4, 6, & 10: Two 1 -Bedroom and two 2 -bedroom units (12 units) o Buildings 3, 5, 7, & 9: Four 2 -Bedroom units (16 units) o Buildings 8 & 11: Two 3 -Bedroom units (4 units) • One community building (Building 1), one maintenance building (Building 12), and common green space; • API roof areas equipped with gutters and downspouts to convey stormwater runoff directly to underground recharge systems via drain pipes; • Approximately 325 linear feet of paved access driveway leading to a circular paved site roadway with attached paved parking; • ADA accessible paved sidewalks • Landscaped areas, open spaces, and lighting; • Underground electric/communication and public water utility infrastructure; • Centralized on -site sanitary wastewater disposal system; Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 4 of 20 The proposed development envelope is limited to approximately 4.88 acres of the 16.6 acre property. The remaining 11.72 acres will remain undeveloped in its current wooded condition. 1.2.1 Stormwater Management The proposed stormwater management design is based upon a GSI approach to capture, treat, infiltrate, and detain runoff by using the following BMPs: Bioretention Areas (BIO AREA) A bioretention area (also referred to as a "rain garden" or a "biofilter") is a stormwater management practice used to treat stormwater runoff using a conditioned planting soil bed or "filter" media and plants to filter runoff captured in a shallow depression. The method combines physical filtering and adsorption with bio-geochemical processes to remove pollutants. The system consists of an inflow component, a pretreatment element, an overflow structure, and shallow ponding area. Infiltration Basins An infiltration basin is a stormwater management practice meant to infiltrate stormwater by capturing runoff and directing it towards a depression in the ground, similar to a bioretention area. The bottom of the depression contains planting soil used to improve the infiltration of the stormwater runoff and filter out pollutants. The system consists of an inflow component, a spillway structure, and shallow ponding area. Underground Recharge Chambers (URC) Underground recharge chambers are intended to store and infiltrate stormwater collected from surrounding drainage areas. The proposed bioretention areas are equipped with grated drain inlets to direct surface stormwater to the subsurface recharge systems. Treated stormwater is infiltrated directly into the ground, mimicking pre -development conditions. Use of stormwater recharge chambers provides an effective and low -maintenance means of storing excess stormwater, allowing it to infiltrate and recharge groundwater. Rain Guardian Inlets Rain Guardian "Turret" pretreatment structures are proposed as the inlet to all stormwater bioretention areas, which are designed to filter sediment from the incoming stormwater runoff using a screen system. A Rain Guardian "Fortress" unit is specified for pre-treatment at the surface infiltration basin, which allows for the proposed sidewalk crossing. Due to the lack of a sump for sediment storage, these structures require more frequent cleaning as described in the Stormwater Operation and Maintenance Plan. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 5 of 20 t2.2 Drainage Area The proposed drainage area is 6.852 acres (298,458 sf) with the following land cover: Table 3: Proposed Land Coverage Coverage Paved Area Ng ft) Area (acres) , 62,826 04. 1A42 r 21.0% Grave I 0 0.000 0.0% Grass I 113,280 I 2.6.01 37.9°, TOTAL 298,458 6.852 Q 100% The proposed site drainage is divided into 15 subcatchments: DAO is comprised of a small area that drains directly to Millstone Road (SPO). DA1 and DA1a drain to a surface infiltration basin which has been sized for zero discharge during the 100 -year storm (8.53 inches of rain in 24 hours), eventually draining to SP1. DA2 through DA2k are routed through green stormwater infrastructure and underground recharge chamber systems which have all been sized for zero discharge during the 100 -year storm. The underground recharge systems are equipped with catch basin "bubbler" overflows, which will only see flow during storm events greater than the 100 -year storm and are intended to provide a controlled, low velocity outflow. The study point for DA2 through DA2k is SP2, which is the forested valley to the south. The remaining area comprises rooftops which drain directly to underground recharge chambers via gutters and downspouts. Pre- and Post -Development Drainage maps can be found in Appendix B and the routing of all drainage areas can be found in the HydroCAD modeling in Appendix D. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 6 of 20 2.0 DRAINAGE DESIGN METHODOLOGY AND ANALYSIS The drainage design was completed by performing the following series of tasks: • Site soil evaluation. See Section 1.1.1 and Appendix A for the description of soils and infiltration rates based on NRCS data and results from the on -site soils investigations conducted by Horsley Witten Group on December 6, 2022. • Delineation of existing and proposed drainage areas (Appendix B) • Sizing the bioretention areas (Appendix C) • Modeling the proposed drainage and infiltration system with HydroCADO software (Appendix D) • Recharge Calculations (Appendix E) • Pollutant Removal Calculations (Appendix F) • Operations and Maintenance Manual (Appendix G) The proposed stormwater management system has been designed in accordance the Massachusetts Stormwater Handbook, to accomplish the following major objectives: • To capture and treat, the "first flush" water quality volume from the impervious surfaces to provide water quality treatment for the proposed development. Treatment is achieved with a combination of aboveground treatment practices for the first half -inch of runoff, followed by underground recharge chamber systems which are sized to completely store and infiltrate the 100 -year event. • To provide groundwater recharge in conformance with the Massachusetts Department of Environmental Protection groundwater recharge criteria. • To evaluate runoff discharging off -site from the post -development conditions at the study points located along the site periphery to ensure no off -site flooding or erosion will occur. These objectives are met using the following stormwater management measures: • GSI practices, as described in Section 1.2.1, sized to provide water quality treatment for the roads, walkways, and parking area runoff. Each practice is designed with overflow structures to convey runoff from larger storm events into proposed underground recharge chambers. • Underground recharge chambers sized to retain and infiltrate onsite runoff during all design storm events up to and including the 100 -year events, which ensures that predevelopment rates of runoff with be maintained or reduced in the developed condition. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 7 of 20 The proposed stormwater management system was designed to accommodate pre - development site hydrologic conditions as well reduce stormwater pollution from the proposed site conditions. Stormwater runoff rate and volume was evaluated for the WQV, 2 -year, 10 -year, 25 -year and 100 -year Type III, 24 -hour storm events for both pre -development and post - development conditions. Pre- and post -development conditions were modeled using HydroCAD software, which combines USDA Soil Conservation Service hydrology and hydraulic techniques (commonly known as SCS TR-55 and TR-20) to generate hydrographs (See Appendix B for both "Pre - development" and "Post -development" Drainage Area Maps). Rainfall amounts for the specified storm recurrence intervals are based on the 90th percentile precipitation estimates from the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Point Precipitation Frequency Estimates for the area (accessed September 2022). Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 8 of 20 Table 4: Peak Flow and Volume Comparison SPO MILLSTONE ROAD Event Pre -development Post -development Change Flow, cfs Volume, cf Flow, cfs Volume, cf Flow Volume 2-yr 0.01 32 0.05 163 0.04 131 10-yr 0.01 62 0.07 252 0.06 190 25-yr 0.02 99 0.09 328 0.07 229 100-yr 0.04 178 0.12 461 0.08 283 *Note: The minor increase in runoff toward Millstone Road is considered negligible and is not expected to create any adverse off -site impacts. The proposed driveway was graded such that the majority of the runoff flows toward the surface infiltration basin SP1 NORTHEAST Event Pre -development Post -development Change Flow, cfs Volume, cf Flow, efs Volume, cf Flow Volume 2-yr 0.00 0 0.00 0 0.00 0 10-yr 0.00 52 0.00 70 0.00 18 25-yr 0.02 464 0.01 330 -0.01 -134 100-yr 0.18 1868 0.16 1373 -0.02 -495 SP2 SOUTH Event Pre -development Post -development Change Flow, cfs Volume, cf Flow, cfs Volume, cf Flow Volume 2-yr 0.00 0 0.02 75 0.02 75 10-yr 0.01 216 0.03 479 0.02 263 25-yr 0.07 1934 0.09 1578 0.02 -356 100-yr 0.67 7783 0.58 4676 -0.09 -3107 *Note: The minor increase of 0.02 cfs in the 2-yr, 10-yr, and 25-yr event is considered negligible and is not expected to create any adverse off -site impacts. All underground recharge systems are sized to completely attenuate runoff from the 100-yr event, and the results document a decrease in both peak rate and volume during that event. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 9 of 20 3.0 CONSTRUCTION ACTIVITIES Construction activities will involve site preparation and earthwork necessary for construction of the proposed project. These activities primarily include the following: • Erosion control installation • Clearing and grubbing of existing vegetation within the proposed limits of work • Excavation stockpiling, and hauling of excavated topsoil, and subsoils • Rough grading of all disturbed areas • Construction of new housing units • Construction of stormwater management system • Installation of utilities • Paving • Finish grading, final site stabilization and landscaping Erosion and sediment control (ESC) measures will be installed per the construction plans and specifications prior to commencement of any soil disturbing activities. ESC measures will remain in place until final site stabilization is complete. Topsoil will be separated from the remaining soil and stockpiled on -site for use during site finish grading. The stockpiled topsoil will be protected to prevent erosion and sedimentation. Refer to Section 5.0 — Construction Phase Pollutant Controls for more detailed guidelines to be followed during construction. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 10 of 20 4.0 ANALYSIS OF MASSACHUSETTS STORMWATER STANDARDS The Massachusetts Stormwater Standards were revised in February 2008 to include ten stormwater management standards, established jointly by the DEP and the Office of Coastal Zone Management, and published in the 2008 update of the Stormwater Management Handbook. Projects that are within the jurisdiction of the Wetlands Protection Act Regulations, 310 CMR 10.00 are subjected to these Stormwater Management Standards For this Project, adherence to the Handbook is not required as the Project is not within the jurisdiction of the Wetlands Protection Act. The Massachusetts Stormwater Handbook, Volume 1 Chapter 1, provides ten Stormwater Management Standards, which have been reproduced below. The stormwater management systems proposed for this project were designed to comply with these standards to the maximum extent practicable. Standard 1: No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or waters of the Commonwealth. No new untreated stormwater will discharge to wetland areas. The proposed GSI practices and underground recharge chambers have been sized to exceed the water quality volume (WQV) storage requirements. Stormwater runoff will flow through the GSI practices before being infiltrated or reaching the site's study points. There are no wetlands or waters within or adjacent to the site that could be impacted. Standard 2: Stormwater management systems shall be designed so that the post - development peak discharge rates do not exceed pre -development peak discharge rates. Discharge rates for pre- and post -development were calculated using HydroCAD® 2010, a SCS-TR20 based stormwater modeling computer program (Appendix D). The existing site is 99% wooded and comprised of HSG A soils, therefore any Iandcover changes (i.e., woods to grass) generally result in an increase in runoff. The proposed surface infiltration basin and underground recharge chambers systems were each designed to capture and infiltrate all runoff generated during the 100-yr event from new pavement, roof and yard areas. As documented in Table 4, there are negligible increases of 0.02 cfs in the post - development condition, which is a result of the existing site being entirely wooded with HSG A soils in its existing condition. HW feels that all practical measures have been taken to ensure that there will be no adverse off -site impacts during all design storm events. Standard 3: Loss of annual recharge to groundwater shall be eliminated or minimized through the use of infiltration measures including environmentally sensitive site design, low impact development techniques, stormwater best management practices, and good operation and maintenance. At a minimum, the annual recharge from the post - development site shall approximate the annual recharge from pre -development conditions based on soil type. This Standard is met when the stormwater management Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 11 of 20 system is designed to infiltrate the required recharge volume as determined in accordance with the Massachusetts Stormwater Handbook. The proposed project was designed with low impact development techniques and green stormwater infrastructure (GSI) practices to mimic the groundwater recharge potential of the site under existing, undeveloped conditions. The majority of stormwater runoff generated is being directed to bioretention systems and underground recharge chambers to recharge groundwater as required by Standard 3. The project recharges more than is required. See Appendix E for recharge calculations. Standard 4: Stormwater management systems shall be designed to remove 80% of the average annual post -construction load of Total Suspended Solids (TSS). This Standard is met when: • Suitable practices for source control and pollution prevention are identified in a long-term pollution prevention plan, and thereafter are implemented and maintained; • Structural stormwater best management practices are sized to capture the required water quality volume determined in accordance with the Massachusetts Stormwater Handbook; and • Pretreatment is provided in accordance with the Massachusetts Stormwater Handbook For infiltration of stormwater runoff from land uses with higher potential pollutant loads, discharges to the ground within an area with a rapid infiltration rate (greater than 2.4 inches per hour), a Zone 11 or Interim Wellhead Protection Area, and discharges to the ground near any of the following critical areas: Special Resource Waters, Outstanding Resource Waters, bathing beaches, shellfish growing areas, or cold -water fisheries, at least 44% of the total suspended solids must be removed prior to discharge to the infiltration structure. The stormwater management pretreatment and treatment systems for the sites have been selected and sized for the most removal of the average annual load of TSS possible. These removal rates were obtained from the MA Stormwater Handbook and based on the use of a pretreatment practice for each GSI (sediment forebay or Rain Guardian Fortress units). Rain Guardian Turret or Foxhole structures: Bioretention: Underground Rechargers: Infiltration Basin: Recommended design rate: 25% Recommended design rate: 90% for 1" WQV Assumed design rate: 50% (min.) for %" WQV Recommended design rate: 80% Recommended design rate: 80% Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 12 of 20 TSS calculations are provided in Appendix F. The proposed Operation and Maintenance Plan was developed to ensure that the stormwater system continues to function as it was designed into the future. Standard 5: For land uses with higher potential pollutant loads, source control and pollution prevention shall be implemented in accordance with the Massachusetts Stormwater Handbook to eliminate or reduce the discharge of stormwater runoff from such land uses to the maximum extent practicable. Not applicable. Standard 6: Stormwater discharges within the Zone II or Interim Wellhead Protection Area of a public water supply, and stormwater discharges near or to any other critical area, require the use of the specific source control and pollution prevention measures and the specific structural stormwater best management practices determined by the Department to be suitable for managing discharges to such areas, as provided in the Massachusetts Stormwater Handbook. Not applicable. Standard 7: A redevelopment project is required to meet the following Stormwater Management Standards only to the maximum extent practicable: Standard 2, Standard 3, and the pretreatment and structural best management practice requirements of Standards 4, 5, and 6. Not applicable. Standard 8: A plan to control construction -related impacts including erosion, sedimentation and other pollutant sources during construction and land disturbance activities (construction period erosion, sedimentation, and pollution prevention plan) shall be developed and implemented. An Erosion and Sediment Control Plan is included in the design plans, and a Construction Phase Pollutant Prevention Plan is included in this Report. Silt fence and/or silt socks are proposed at the limit of work; silt socks are proposed along the downgradient edges of the area of disturbance. Disturbed areas will be stabilized with seeding and/or erosion control blankets, if necessary, as soon as possible to minimize erosion and sedimentation. A Stormwater Pollution Plan (SWPPP) is required as part of the NPDES Construction General Permit and will be submitted prior to construction. The contractor will be required to establish erosion controls prior to beginning any other project - related work. The Erosion and Sediment Control Plan will also establish the limit of work, beyond which the contractor will not be allowed to perform any project work. It is the contractor's responsibility to monitor and correct erosion control practices throughout the duration of the project. Erosion control measures will not be removed until the project reaches completion as directed by the project engineer or landscape architect. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December2022 Page 13 of 20 Standard 9: A Long -Term Operation and Maintenance Plan shall be developed and implemented to ensure that stormwater management systems function as designed. An Operation and Maintenance Plan (O&M) is provided with specific needs for each best management practice. See Appendix G. Standard 10: All illicit discharges to the stormwater management system are prohibited. There will be no illicit discharges to the proposed system. The Long -Term Pollution Prevention Plan provided includes measures to prevent illicit discharges. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December2022 Page 14of20 5.0 CONSTRUCTION PHASE POLLUTION PREVENTION PLAN A phased approach will be used to reduce erosion and increase sediment control during the construction period. Perimeter controls and sediment settling devices will be installed during construction to minimize sediment movement in stormwater and to protect the adjacent property. 5.1 Structural Practices The following are the structural practices that will be implemented as part of the construction activity. • Silt Fence & Sediment Silt Sock Barrier will be installed prior to commencement of construction. This type of practice creates erosion control barriers to intercept sediment in diffuse runoff. The Town will be informed upon installation so that it may inspect these barriers prior to construction. Portions of the erosion control barriers will be replaced and/or repaired as necessary to prevent erosion. Barriers will be installed parallel to land slope at the perimeter of the work site. In addition, silt fence barriers will be installed around the bioretention areas during construction. • Silt Sacks (or approved equivalent) will be installed at identified existing catch basins and structure following construction of the proposed catch basins to prevent sedimentation during the any additional construction. The Silt Sack will be replaced and disposed of off -site if damage is observed. • Stormwater Management areas will be graded to within one foot of design elevations until the site is fully stabilized to capture sediment during construction. Heavy equipment will not be allowed to operate on the surface location where the systems are planned because soil compaction would adversely impact their long-term performance. Silt fence will be utilized around the perimeter of the bioretention systems during construction. Light earth -moving equipment will be used for excavation and construction of the systems. All excavated materials from the area will be removed and disposed of in an approved location. All bioretention areas will be inspected at least once every seven calendar days and immediately after storm events by the Site Superintendent. • Slope Stabilization will be installed immediately upon obtaining final grades as shown on the project site plans. Areas that fail to stabilize will be re -graded to final grade and stabilized, as necessary. Amount of land disturbed will be minimized to reduce potential for erosion and sedimentation, Stabilization measures shall be initiated within 14 days following the end of construction at each portion of the site and as soon as practicable. The entire stormwater management system will be inspected upon completion of construction. Sediment will be removed from all elements of the stormwater management system. All control measures must be installed and maintained in accordance with manufacturer's specifications, good engineering practices, and in accordance with this report (every seven -calendar days and Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 15 of 20 after storm events). If inspections show that a control has failed or been installed incorrectly, the Contractor must replace or modify it within 24 hours. 5.2 Stabilization Practices The amount of land disturbed during construction will be minimized to reduce the potential for erosion and sedimentation. Prompt surface stabilization will be practiced thereby controlling erosion in areas where disturbances cannot be avoided during construction. Stabilization measures will be initiated within 14 days following the end of construction at each portion of the site. Exceptions to this requirement will be allowed allowable when snow cover prevents the initiation of stabilization within 14 days, in which case such measures shall be undertaken as soon as possible. Stabilization measures that may be used during construction are described below: • Temporary Seeding — Temporary seeding of disturbed surfaces with fast-growing grasses (annual rye) to provide greater resistance to stormwater runoff and/or wind erosion for areas where construction has temporarily ceased. • Permanent Seeding — Permanent seeding of surfaces with vegetation, including but not limited to grass, trees, bushes, and shrubs, to stabilize the soil. Establishing a permanent and sustainable ground cover at a site stabilizes the soil while reducing the sediment content in runoff. • Permanent Planting — the contractor shall install and adequately establish all planting as required at the completion of the project. • Mulching/Hydro mulching — hydro mulch will be placed on the soil surface to cover and hold in place disturbed soils. Temporary seeding or other soil stabilization measures will be provided where construction activities have ceased at the site. Topsoil stockpiles will be temporarily seeded or covered to prevent erosion and will be surrounded with silt fence. When the site's final grade has been established, permanent vegetation will be planted on the disturbed areas. The vegetation will consist of grass, shrubs, bushes, and trees. 5.3 Other Types of Controls Additional controls/practices will be undertaken to reduce pollution in stormwater runoff flows which include, but are not limited to, control of off -site mud tracking from construction site, dust suppression, proper sanitary waste disposal, earthwork procedures timed and conducted in manners aimed to minimize erosion and sedimentation, snow removal plans, proper management of waste materials, proper management of hazardous waste, proper material stockpiling, and spill prevention and control measures. • Dust Suppression — Water sprays shall be used to control dust during extended dry periods during construction, Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 16 of 20 • Sanitary Wastes — All sanitary wastes will be collected from the portable units by a licensed sanitary waste management contractor (as required by local regulations). • Earthwork — The exposure of disturbed surfaces to stormwater and potential stormwater erosion will be minimized by well -organized earthwork procedures. Stabilization procedures shall be undertaken in accordance with this report. Grubbing during wet seasons will be avoided if feasible. • Snow Removal Plan — Plowed snow collected from the parking areas will be deposited onto free draining, pervious surfaces, away from the site's drainage conveyance structures to maximize infiltration. Snowmelt runoff that is not infiltrated will be directed to the site's stormwater management system. Snow is not to be plowed or piled onto the stormwater management facilities. • Waste Materials — Dumpsters rented from a licensed solid waste management company will be used to store solid waste and debris that cannot be recycled, reused, or salvaged. The dumpsters will meet all local and state solid waste management regulations. Dumpsters will be covered when refuse is not being directly deposited or withdrawn from them. Potentially hazardous wastes will be separated from normal wastes, including segregation of storage areas and proper labeling of containers. Removal of all waste from the site will be performed by licensed contractors in accordance with applicable regulatory requirements and disposed of at either local or regional approved facilities. Waste materials will not be buried on -site. All site personnel will be instructed regarding the correct procedures for waste disposal. Notices stating these procedures will be posted at the site. Solvents and flushing materials used during construction and pre- operational cleaning will be provided, handled, managed, and removed by the contractor for appropriate off -site disposal. • Hazardous Waste Materials — Any disposal of hazardous materials will be completed using the required paperwork. Copies will be provided to the Engineer and to the Town. • Spill Prevention and Control Measures — To minimize the risk of spills or other accidental exposure of materials and substances to stormwater runoff, the following material management practices will be used throughout the project: o An effort will be made to store only enough products required to do the job. o All materials stored on -site will be stored in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. o Products will be kept in their original containers with the original manufacturer's label. o Substances will not be mixed with one another unless recommended by the manufacturer. o Whenever possible, the maximum amount of a product will be used before disposing of the container. o Manufacturers' recommendations for proper use and disposal will be followed. Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 17 of 20 o The site superintendent will conduct daily inspections to ensure proper use and disposal of materials. To reduce the risk associated with hazardous materials used on the site, the following practices will be used: o Products will be kept in original containers unless they are not resealable. • Original labels and material safety data sheets will be retained and kept on -site; they contain important product information. o If surplus product must be disposed of, manufacturers' or local and state recommended methods for proper disposal will be followed. • Materials List - Materials or substances listed below are expected to be present on -site during construction: - Concrete Fertilizers - Asphalt - Petroleum Based Products - Paints (enamel and latex) - Cleaning Solvents - Metal Studs - Wood - Concrete - Tar - Sealants - Adhesives The following product -specific practices will be followed on -site: • Petroleum Products - All on -site vehicles will be monitored for leaks and receive preventative maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which area clearly labeled. Any asphalt substances used on -site will be applied according to the manufacturers' recommendations. • Fertilizers -. Fertilizers used will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure to stormwater. Products will be stored in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sealable plastic bin to avoid spills. • Paints — All containers will be tightly sealed and stored indoors when not required for use. Excess paint will not be discharged to the storm sewer system but will be properly disposed of according to the manufacturers' instructions or state and local regulations. • Concrete Trucks — Concrete trucks will not be allowed to wash out or discharge surplus concrete or drum wash water on the site. In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup: Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 18 of 20 • Manufacturers' recommended methods for spill cleanup will be clearly posted, and site personnel will be made aware of the procedures and location of the information and cleanup supplies. • Materials and equipment necessary for spill cleanup will be kept in the material storage area on -site. Equipment and materials will include, but not be limited to, brooms, dustpans, mops, rags, gloves, goggles, speedi-dry, sand, sawdust, and plastic and metal trash containers specifically for this purpose. • All spills will be cleaned up immediately after discovery. Spills large enough to reach the storm water system will be reported to the National Response Center at 1-800-424- 8802. • The spill area will be kept well ventilated, and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. • Spills of toxic or hazardous material will be reported to the appropriate state or local government agency, regardless of the size. • The site superintendent responsible for the day-to-day site operations will be the spill prevention and clean-up coordinator. He will designate at least three other site personnel who will receive spill prevention and cleanup training. These individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible spill personnel will be posted in the material storage area and in the on -site office trailer. 6.0 STORMWATER OPERATION AND MAINTENANCE PLAN All stormwater management measures and controls identified in this Drainage Report shall be operated and maintained appropriately during the construction phase of the project and during regular operation of the site in the post -construction period as required on the construction drawings and a separate Stormwater Management Maintenance Plan (Appendix H). 7.0 REFERENCES 1. MADEP (Massachusetts Department of Environmental Protection). 2008. Massachusetts Stormwater Standards Manual. 2. NOAA's National Weather Service: Hydrometeorological Design Studies Center, Precipitation Frequency Data Server for Atlas 14 Point Precipitation Frequency Estimates: MA https'l/hdsc nws noaa oov/hdsc/pfds/pfds map cont html?bkmrk=ma 3. Northeast Regional Climate Center and Natural Resources Conservation Service. 2010- 2018. Extreme Precipitation for New York and New England. Version 1.12. http://precip.eas.cornell.edu/ Stormwater Analysis and Drainage Report Horsley Witten Group, Inc. 0 Millstone Road, Brewster, MA December 2022 Page 19 of 20 STORMWATER ANALYSIS AND DRAINAGE REPORT APPENDICES A -G CAN BE VIEWED IN THE PLANNING OFFICE Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Mr. Brian Harrison, Chair, Zoning Board of Appeals FROM: Jon Idman, Town Planner RE: ZBA Case No 23-04, Millstone Road Comprehensive Permit DATE: January 30, 2023 _____________________________________________________________________________________ Please be advised that, at its meeting of January 25, 2023, the Planning Board heard a presentation by the applicants in the above-referenced matter. After questions and robust discussion among the members and with the applicants’ team, the Planning Board voted unanimously to communicate to the Zoning Board of Appeals its support of the project and of the requests for waivers relating to matters within the Planning Board’s purview. The Planning Board hopes this recommendation is helpful to the Zoning Board in its review and decision- making on the project. cc:Planning Board Members via electronic mail Donna Kalinick, Assistant Town Manager via electronic mail Jill Scalise, Housing Coordinator via electronic mail Peter Freeman, Esq., Applicants’ Counsel, via electronic mail Office of: Building Department Application#23-04 www.brewster-ma.gov Page 1 of 1 1/31/2023 DEPARTMENT REVIEWS Application #23-04 APPLICANT: Preservation of Affordable Housing, Inc./Housing Assistance Corporation REPRESENTATIVE: Attorney Peter Freeman, Freeman Law Group, LLC MAP/LOT: Map 98, Lot 12-0 PROPERTY ADDRESS: 0 Millstone 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 Amy von Hone  The proposed development is located outside the District of Critical Planning Concern and Zone II (Wellhead Zone of Contribution).  Sewage design flows over 2000 gal/day will be subject to the Brewster Design, Operation and Maintenance Regulations for Small Wastewater Treatment Facilities and Reporting Requirements for All Wastewater Treatment Facilities That Discharge Over 2000 Gallons Per Day which limits the Total Nitrogen Load to 10 mg/Liter on the property.  Recommend onsite property management or 24-hour access to emergency management services for occupants of the facility. Full review of the proposed project upon application will be required prior to formal approval. Natural Resources Comments received from Chris Miller Natural Resources does not have any comments on this application Administration Comments received from Donna Kalinick Please see attached comments Fire Department Comments received from Chief Moran and Deputy Chief Varley Please see attached comments Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Dept. Review Comment Form DEP DEPARTMENT REVIEW COMMENT FORM January 5, 2022 From:Zoning Board of Appeals To: __ James Gallagher, Assessor’s Department __ Jessica Gelatt, Historic District Committee __ Davis Walters, Building Department __ Chris Miller, Natural Resources Department __ Bill Grafton, Conservation Department __ Lieutenant Charlie Mawn, Police Dept __ Griffin Ryder, Department of Public Works __ Peter Lombardi, Town Administration __ Chief Robert Moran, Fire Department __ Donna Kalinick, Town Administration __ Deputy Chief Kevin Varley, Fire Department __Jon Idman, Planning Department __ Amy von Hone, Health Department/WQRC __Paul Anderson, Water Department Your comments are requested for: ZBA Case #23-04 Owner/Applicant: Preservation of Affordable Housing, Inc./Housing Assistance Corporation, 0 Millstone Road, Map 98, Lot 12-0. The applicant seeks a Comprehensive Permit to construct 45 affordable rental units on 16.6 acres, pursuant to MGL Chapter 40B, Section 21. COMMENTS: As the Assistant Town Manager and a member of the Brewster Affordable Housing Trust (BAHT) and with the technical expertise of Jill Scalise, Housing Coordinator, we have worked on behalf of the town to create affordable housing on this 16+ acre parcel of municipal land since 2017. The BAHT was given oversight of the parcel by the Select Board in 2018. The BAHT performed due diligence on the parcel, through a technical assistance grant with Mass Housing Partnership and also, commissioned a watershed study. A copy of both documents from Bohler Engineering should be made available to the ZBA. The BAHT also underwent a robust community engagement process which informed the Request for Proposals (RFP). The BAHT developed an RFP for the parcel after determining there were no constraints to the development of housing on the parcel. The RFP was issued through Town Administration with the approval of the Select Board. A copy of the RFP is available for review by the ZBA. The BAHT recommended award for the Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 508-896-3701 x1168 brewplan@brewster-ma.gov Dept. Review Comment Form development and management of up to 45 units of rental housing to the Select Board who entered a Land Development agreement with Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC) on behalf of the Town. The Town has worked in partnership with POAH & HAC since the award of the LDA, including coordinating road access and utilities between the Millstone Road re- Construction team and the Millstone Housing Team. Multiple Brewster Town Department heads have worked together on our town housing initiatives. Town Administration and the Town Housing Coordinator will be available throughout the ZBA process to answer any questions or provide any necessary support and to ensure that any conditions are in line with current Town of Brewster and Select Board policies. For example, the Select Board now has a fee waiver policy that waives fees under their purview for any town sponsored affordable housing projects. In terms of the requests for waivers of height variance as noted in the application for Building C which has the highest height waiver request, it should be considered that it is important to have at least one building that has an elevator in it for accessible access and that the proponent has placed this building in the most advantageous location on the site. The proponent has strived, in accordance with the RFP, to minimize disturbance on the site, preserve land, create energy efficient buildings, provide on-site management and proposes a compact community that reflects local character in design. Kindly respond by Thursday, January 26 , 2023. A public hearing is scheduled for Tuesday, February 7 , 2023. Please feel free to email your comments to Ellen Murphy, emurphy@brewster-ma.gov.Thank you. The application, plans and any additional documents submitted by the Applicant are also available for viewing in the Planning Department at Town Hall, Monday – Friday from 8:30 am – 4:00 pm. Fire Department Comments Millstone Housing Staff Review 1. A computer -generated apparatus swept path and turn simulation analysis shall be provided to the fire department for review and approval. 2. Fire department access roads including roadways, fire lanes, and parking lot lanes shall be no less than 20' in width. 3. Minimum inside turning radius of fire department access roads shall be 25'. The developer may be required to increase this minimum turning radius to accommodate fire department apparatus. 4. A fire department access road shall be no less than 50' from at least one (1) exterior door that can be opened from the outside that provides direct access to the interior of the building. *"If the building is protected by an NFPA 13D or 13R sprinkler system this distance can be increased to 150' 5. No "on street" parking shall be allowed. All vehicles shall be parked in designated parking spaces. 6. All access roads shall be designated as fire lanes. All signage and road markings shall be approved by the fire department prior to installation. 7. The developer shall install five (5) fire hydrants. The locations shall be approved by the fire department prior to installation. 8. In the event the buildings are protected by an automatic sprinkler system the fire department shall approve the location and type of fire department connections prior to installation. 9. If required the fire department shall approve the location of all fire detection system reporting panels. 10.An Emergency Responder Radio Communication System shall be installed in each building per section 916.1 of the Massachusetts State Building Code. 11.A Knox box key vault shall be installed on each building. Location and type shall be approved by the fire department prior to installation. 12. Street name, addresses, and building unit numbers shall be approved by the fire department prior to installation. VIA EMAIL January 30, 2023 TO: Brewster Zoning Board of Appeals ATTN: Jonathan Idman, Town Planner FROM: Cape Cod Commission Staff RE: 0 Millstone Road Comprehensive Permit Application Cape Cod Commission Staff Comments Pursuant to Section 13(j) of the Cape Cod Commission Act (“Act”), the Cape Cod Commission (herein, “Commission” or “CCC”) is considered a “Local Board” for purposes of MGL Ch. 40B, ss. 20-23. Accordingly, the Commission provides the following comments through its staff on the above- referenced matter. Commission staff commend the Town on its local planning process for the project, which has shaped the project to its benefit. The project site is a parcel of town-owned land that was made available for affordable housing via a Town-issued RFP addressing the concerns and priorities identified during the local planning and visioning process. The Applicant’s bid and successive project design in turn reflect those local concerns and priorities. Affordable Housing The Act and Cape Cod Regional Policy Plan (“RPP”) aim to preserve the social diversity of the region by promoting the development of affordable housing for low- and moderate-income households. The project meets these concerns. There continues to be an acute need for affordable housing in all towns on Cape Cod, especially for affordable rental units. According to the state’s most recent Subsidized Housing Inventory 5.6% of Brewster’s existing housing stock is considered affordable. The project is being developed under the Massachusetts Department of Housing and Community Development’s Local Initiative Program. The applicant proposes 45 rental units with a mix of unit types in 11 buildings. All 45 proposed units will be affordable, well exceeding Ch. 40B’s 20-25% minimum affordability requirement. The proposed unit mix includes 15 one-bedroom units, 25 two-bedroom units, and 5 three-bedroom units. Of the units, 35 will be deed restricted for rental by households earning no more than 60% of Area Median Income (AMI) and 10 for households earning no more than 80% of AMI. Community Design The proposed development includes 11 buildings arranged around a central core on a currently undeveloped parcel of land. The buildings are of varying sizes and forms, with only one (Building 2) Millstone Road Comprehensive Permit Application Cape Cod Commission Comments January 2023 - Page 2 of 3 exceeding a roughly 30-foot by 60-foot building footprint. Building 2 is comprised of several sections with differing heights and step backs in the walls that effectively break the building down into smaller elements. The design of all the proposed buildings includes varying gable or hip roof forms that highlight changes in the building massing and traditional exterior building materials. The multi- story building designs and parking provided along the internal access road reduce the amount of impervious area needed. Cultural Heritage While the proposed site is outside the boundaries of any historic district in Brewster, the design appears consistent with historic forms in the community. The slightly curved access road and landscape plantings will screen most views into the property from Millstone Road. An area of existing vegetation preserved at the end of the access drive will also limit views into the development. No inventoried historic resources have been identified on the project site or in close proximity that would be impacted by the proposal. Massachusetts Historical Commission stamped the Project Notification Form on January 11, 2023, acknowledging the project is unlikely to affect significant historic or archaeological resources. Transportation Based on the sight distance assessment performed by the Applicant, the site driveway as currently proposed does not meet safe sight distance standards. The Town and the Applicant should continue to work together to ensure safe stopping sight distance will be provided for the site driveway. Options to achieve this may include vegetation clearing or roadway realignment during the reconstruction of Millstone Road. Commission staff are pleased to see sidewalks throughout the development with a connection to the proposed sidewalk on Millstone Road and a bicycle rack for use by residents. Commission staff suggest that the feasibility of providing electric vehicle (EV) charging infrastructure as part of the project should be considered. If the upfront cost of the installation of EV charging stations is prohibitive, “EV-capable” spaces, which include the installation of conduit and appropriately sized electrical panel capacity, could be considered to allow for more cost-effective charger installation in the future. State programs may be available to offset some of the costs of EV infrastructure. Water Resources The project proposes to construct 45 affordable rental units, ranging from one to three bedrooms per unit, on a 16.6-acre undeveloped parcel currently owned by the Town of Brewster. Wastewater from the rental units would be treated with a nitrogen-reducing innovative/alternative (I/A) septic system. The project site is not located in a Commission-mapped Wellhead Protection Area, Potential Public Water Supply Area, Freshwater Recharge Area, or Marine Water Recharge Area. Groundwater is expected to flow toward Cape Cod Bay, and there do not appear to be any private or public drinking water wells downgradient of the project within at least one mile. Wastewater from the project is expected to have a negligible impact on local water resources due to the project’s location outside of sensitive resource areas and the use of a nitrogen-reducing I/A septic system. The project has been designed with a compact footprint and shared community spaces that maintains the majority of the site as open space and minimizes creation of new impervious areas. Millstone Road Comprehensive Permit Application Cape Cod Commission Comments January 2023 - Page 3 of 3 Stormwater from the project will be managed through a system of distributed infrastructure including subsurface infiltration below parking/roadway areas that will mimic pre-development recharge patterns and bioretention facilities spread throughout the developed portion of the site to provide treatment for runoff generated by new impervious surfaces. Natural Resources The project site is not within a Wellhead Protection Area, FEMA flood zone, or NHESP BioMap Core Habitat or Critical Natural Landscape; there are no wetlands, vernal pools, or their buffers, on the site; and there is no protected open space on the site. As there are no mapped sensitive natural resources, the project is outside of the Commission’s Natural Areas Placetype. The site also abuts other existing residential development. Therefore, staff suggest the project is appropriately sited for the purposes of natural resource protection. The design minimizes the clearing of trees and other vegetation by clustering development to the north and east of the site, which allows for the preservation of approximately 11.9 acres of natural woodland. The Land Disposition Agreement with the Town restricts the Applicant from altering or reducing these undeveloped areas and buffers which should serve to protect the remaining woodland on the site. To maximize the habitat and plant value of the project site, staff recommend that the planting plan only use species that are native to New England and avoid cultivars. Staff encourage the Applicant to control the invasive species documented on the site to minimize the potential for their persistence and spread. Landscape maintenance should avoid or minimize irrigation and the use of fertilizers, herbicides, and pesticides. Construction, operations, and maintenance best management practices, such as those included in the Stormwater Management Operation and Maintenance Guide, will further protect natural resources. Staff encourage the Applicant to control the invasive species documented on the site to minimize the potential for their persistence and spread. Conclusion Based on the application materials, Commission staff conclude that the proposed project is generally consistent with the regional planning objectives as set forth in the Act and RPP. The project is outside of sensitive natural resource areas, responsive to local context, and designed to protect and enhance community resources. Importantly, the project addresses the urgent and growing need for affordable housing in both the Town of Brewster and the broader Cape Cod region. Commission staff are available to answer any questions you might have about these comments. Sincerely, Kristy Senatori Executive Director CC: Project File Brewster Cape Cod Commission Representative via email Cape Cod Commission Chair via email Archived: Monday, January 30, 2023 1:28:43 PM From: Elisabeth Verde Sent: Sat, 28 Jan 2023 20:47:59 +0000ARC To: zbameeting Subject: ZBA Case#23-04 Letter from Abutter Sensitivity: Normal  Hi- I am an abutter to 0 Millstone Road, Map 98, Lot 12-0. I am writing in support of the applicant of Case # 23-04. Cape Cod has a housing crisis and affordable units are desperately needed. I ask that you approve the application for a Comprehensive Permit. Thank you, Elisabeth Verde, 9 Howland Circle, Brewster, MA 02631 TOWN OF BREVVSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 98/1210 Ceti!fled by: M James M. Gallagher, MAA Deputy AMS4f #23-05 Applicant: Whitney Revocable Trust, Karen Millane Whitney and David Christopher Whitney, Trustees, 25 Sumner Lane 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 # ta - APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ Dafe + Tim.e Stamped By Town Clerk BR'USTE TOWN CLE: '22 DEC2r • ($300 Filing Pee) Whitney Revocable Trust NAME OF APPLICANT Karen Millane iitney and David Christopher Whitney, Trustees REPRESENTATIVE Mark H. Boudreau, Esq. PHONE NUMBER 508 775-1085 MAILING ADDRESS 396 North Street, Hyannis, MA 02601 PROPERTYADDRESS 25 Sumner Lane CURRENT PROPERTY OWNER(S) Karen and David Whitney, Trustees (Whitney Revocable Trust) REGISTRY OF DEEDS TITLE REFERENCE BOOK PAGE OR CERT. OF TITLE # 216343 PLAN# TOWN MAP # 51 LOT # 65 LAND COURT # 38505-A (Sheet 2) LOT 10 House 1977 ZONING DISTRICT R -L YEAR BUILT Garage 2007 STATEMENT OF PROJECT Renovation of first floor of existing, detached garage to create an Accessory Dwelling Unit. SIGNATU,R OF OWNS OR AGENT FOR OWNER DATE • NOTE: This petition is NOT OMPLETE until all information is provided. Accuracy of this information is the responsibility of the petitioner. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 1 of 4 PATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other detached garage STREET ADDRESS 25 Sumner Lane:: YEAR BUILT 2007 MAP # 51 LOT # 65 ZONING DISTRICT R -L List only the nonconformities below; Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED Rear of house Garage 25 18 ■ j,ocatiprt is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, • Ajsting, Is the setback that currently exists on the ground' • Reauired is the applicable setback required currently in the Brewster zoning bylaw • proposed is the setback being requested FRONTAGE: EXISTING 172.17 LOT SIZE: 1.2 acres REQUIRED LOT COVERAGE EXISTING To 9.8 PROPOSED % 9.9 ALLOWED % SIZE OF PARCEL 51,204 sq. ft. BUILDABLE UPLAND 51,204 sq. ft. BUILDJNG COVERAGE/PRIMARY STRUCTURE 3,420 sq, ft. 6.7% BUILDING COVERAGE ALL OTHER STRUCTURES 576' sq, ft. BUILDING HEIGHT: EXISTING PROPOSED SPECIAL PERMITS: APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9.and SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. Chapter 179-42.2 Accessory single-family dwelling units (ADUs) The applicant proposes to renovate,the first floor of an existing garage to create an Accessory Dwelling Unit to be occupied by Mrs. Whitney's father. The existing garage is'the subject of a previous variance and modification thereto, both regarding sideline setback violations. The applicants .are seeking another variance modification relative to this request for a Special Permit. VARIANCES: ❑ APPLICATION FOR VARIANCE AS SET FORTH IN M.G.L. 40A, § 10 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE VARIANCE IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. In order to grant a Variance, the ZBA must find all three of. the following to be true: Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and ❑ That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law o APPEAL IN ACCORDANCE WITH M.G.L. 40 A, § 8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. ZBA SPECIAL. PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4 ZONING BOARD OF APPEALS FILING PROCEDURES Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am — 4:00 pm Monday- Friday. Complete application (12 copies) checklist: ® Application • Professionally engineered site plan M Assessor's map showing the applicant's lot • Building plans, including floor layout, elevations and dimensions O Decision letter from the zoning agent, if applicable El $300 Filing Fee (made payable by check) Photographs are recommended. Please also provide one (1) pdf or electronic copy of the completed application package. An Abutter's List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted of the Meeting Board on the main floor of the Town Offices. A copy of the Zoning -By -Law, Chapter 179, is available at the Brewster Ladies' Library. It may also be purchased at the Town Offices for $25.00 or downloaded without charge from The Town of Brewster e -code website: http://www.ecode360.com/BR1068 Any Decision of the Board of Appeals may be appealed to Superior Court, Land Court or District Court within twenty (20) days from the time that the decision is filed with the Town Clerk. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 4 of 4 BREWSTER ZONING BOARD OF APPEALS 3 (Revised) L`AA/ Appeal No. 2023- 3I 43 PETITIONERS: Karen Millane Whitney and David Christopher Whitneysa Trustees of the Whitney Revocable Trust OWNERS: Karen Millane Whitney and David Christopher Whitney, Trustees of the Whitney Revocable Trust HEARING DATE: February 7, 2023 MEMORANDUM I. Procedural Background The Petitioners, Karen Millane Whitney and David Christopher Whitney, Trustees of the Whitney Revocable Trust, filed an Application for a Special Permit in accordance with Section 179-42.2 of the Zoning Ordinance of the Town of Brewster. The subject property is located at 25 Sumner Lane and is shown on the Brewster Town Map #51 as Lot 65. The property has the benefit of two (2) Variances, being Appeals #84-46 and #07-12 respectively. The first variance allowed the construction of a garage with the sideline setback. The second variance allowed use of the second floor of the garage as a home office. I am filing herewith floor plans and exterior elevations. II. Proposed construction and Relief Requested The applicants propose to renovate the first floor of an existing, two -car garage to establish living quarters for Mrs. Whitney's father. Under Section 179-42.2 of the Brewster Zoning Ordinance, a Special Permit is required as the subject property is located in the Zone II, zone of contribution to a public drinking water well. III. Special Permits under Section 179-42.2 The applicants/owners live year round at the subject property and it is anticipated that Mrs. Whitney's father will occupy the Accessory Dwelling unit on a year-round basis as well. The applicants understand that the rooms within an ADU cannot be sublet and/or used for short-term rentals. My clients shall file an annual Affidavit indicating compliance with the occupancy provisions under this Bylaw. A separate parking space will be provided for the ADU. The Accessory Dwelling Unit will be located on the first floor of what is now a 2 -car garage and shall be clearly subordinate to the primary home. The outward appearance of the property will be that of a single-family residence. The septic system will upgraded to upgrade to a multi - compartment septic tank as per the accompanying plans. By providing a private, additional dwelling unit, the applicants will be fulfilling the intent and purpose of Chapter 179 — 42.2, Accessory single-family dwelling units. RESPECTFULLY SUBMITTED this 31th day of January, 2023. Karen Millane Whitney and David Christopher Whitney, Trustees of the Whitney Revocable Trust By their attorney, Mark H. Boudreau, Esq. Boudreau and Boudreau, LLP 396 North Street Hyannis, MA 02601 (508) 775-1085 GENERAL NOTES: 1. THIS PLAN IS INTENDED FOR THE PERMITTING AND CONSTRUCTION OF THE SEWAGE DISPOSAL SYSTEM AND ASSOCIATED SITE WORK. 2. ALL CONSTRUCTION METHODS AND MATERIALS SHALL CONFORM TO 310 CMR 15.000 AND BREWSTER BOARD OF HEALTH REGULATIONS. 3. THERE ARE NO KNOWN OR PROPOSED PRIVATE WELLS LOCATED WITHIN 150 FT. OF THE PROPOSED LEACHING FACILITY. 4. IF AN OVERDIG IS SPECIFIED, REMOVE ALL TOPSOIL, SUBSOIL AND OTHER UNSUITABLE MATERIALS. 5. IF AN OVERDIG IS SPECIFIED, REPLACE ALL EXCAVATED MATERIALS WITHIN THE OMIT OF EXCAVATION WITH CLEAN GRANULAR SAND, FREE FROM ORGANIC MATERIAL AND DELETRIOUS SUBSTANCES. MIXTURES AND LAYERS OF DIFFERENT CLASSES OF SOIL SHALL NOT BE USED. FILL SHALL NOT CONTAIN ANY MATERIAL LARGER THAN 2 INCHES. A SIEVE ANALYSIS USING A #4 SIEVE SHALL BE PERFORMED ON A REPRESENTATIVE SAMPLE OF FILL. UP TO 450 BY WEIGHT MAY BE RETAINED ON THE #4 SIEVE. SUCH ANALYSES MUST DEMONSTRATE THAT THE MATERIAL MEETS EACH OF THE FOLLOWING. SPECIFICATIONS: 1000 MUST PASS #'4 SIEVE 100 MUST PASS #50 SIEVE 0-200 MUST PASS #'100 SIEVE 0-50 MUST PASS #200 SIEVE 6. EXISTING UTILITIES WHERE SHOWN ON THE PLANS ARE APPROXIMATE. THE ENGINEER DOES NOT GUARANTEE THEIR ACCURACY OR THAT ALL SUBSURFACE STRUCTURES ARE SHOWN. CONTRACTOR SHALL VERIFY THE SIZE, LOCATION AND ELEVATION or INVERTS OF UTILITIES AND STRUCTURES, WITHIN THE OMIT OF WORK, PRIOR TO THE START OF CONSTRUCTION. IF ANY DISCREPANCIES ARE DISCOVERED OR FIELD CHANGES REQUIRED, THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY. 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROPERLY COORDINATING THE PROPOSED CONSTRUCTION ACTIVITIES WITH DIG -SAFE AND THE APPLICABLE UTILITY COMPANIES, AND SHALL COMPLETE THE PROPOSED WORK WITHOUT ANY INTERRUPTIONS IN SERVICE. 8. CONTRACTOR IS REQUIRED TO 14011E7 DIGSAFE, PER MASS. STATUTE CHAPTER 82, SECTION 40 AT (888) 344-7233 A MINIMUM OF 72 HOURS PRIOR TO THE START OF CONSTRUCTION. 9. THIS SYSTEM IS NOT DESIGNED FOR THE USE OF A GARBAGE GRINDER. INSTALLATION OR USE OF A GARBAGE GRINDER AT THIS PROPERTY 15 NOT ALLOWED PER 310 CMR 15.240(4). COMPOST FILTER SOCK SCALE: NONE FILTREXX SDXX OR APPROVED EQUAL (12'-18') ►--WORK AREA AREA TO BE PROTECTED -0-+ HAND EXCAVATE 3'-4' TO CRADLE FILTER SOCK-. 1' X 1' X 36" WOODEN STAKES PLACED 10' 0.5. NOTES: 1. ALL MATERIAL TO MEET FlLIREXX SPECIFICATIONS. 2. FILTER NEON FILL TO MEET APPLICATION REOUIREXIEMS. 3. COMPOST MATERIAL TO BE DISPERSED ON 55E, AS DETERMINED BY THE ENGINEER. SCHEMATIC SYSTEM PROFILE NOT TO SCALE PRIMARY DWELLING 60.1.=83.8 ADU SLAB FL. 81.95 INV.= 79.35 INV.=79.58 FROM ADU, 'Y CONNECT TO EXISTING SEWER PROPOSED INV.=79.35 SEPTIC TANK PRIMARY DWELLING, WEE; SIDE OF TANK MAGNETIC REFLECTIVE TAPE SHALL BE PROMDEO IN THE TRENCH OVER ALL PVC PIPING LIMIT OF DISTURBANCE INV. ---- 79.10 EXI311X0 DISTRIBUTION BOX SEX. LEACHING CHAMBERS EXISTING GRADE OVER SOIL ABSORPTION SYSTEM EL -64.2-63.2 DESIGN CALCULATIONS EXISTING & PROPOSED DESIGN FLOE( (NO MODIFICATION) 5 BEDROOMS 0 110 GPO/BEDROOM = 550 GPD REQUIRED SEPTIC TANK 2 COMPARTMENT TANK REQUIRED 550 GPD X 300% = 1,650 GALLONS (MIN.) 2,000 GAL 8.20, 2 -COMPARTMENT TANK PROVIDED SI74 OF 610IIIRFO I WHIM: FA0I IIY DESIGN PERC. RATE X2 MIN/INCH LON5 TERM APP. RATE: 0.74 GP0/50 550 GPD 0 0.74 GPO/SF = 744 5F 0171 OF EXISTING 1 111441 J5 FACE RY PROYI00Q EXISTI95 SOIL ABSORPTION SYSTEM TO REWVN. SYSTEM CONSISTS OF FOUR (4) 500 -GALLON PRECAST CONC. LEACHING CHAMBERS IN TRENCH CONFIGURATION. BOTTOM AREA 42' X 12:83' = 538.8 5F S10EWALL - 2 X (2' X (42' + 12.83')) = 219.3 5F TOTAL EFFECTIVE LEACHING AREA = 758.1 5F 758.1 5F X 0.74 GP0/50 = 561 GPD (INSTALLED CAPACITY) 75 60 0 .. T7 b T5 - ,LOT 10 51,204± SF. SUMNER LANE 40'461DE MINIMUM LOT SIZE: EXISTING LOT SIZE: NITROGEN SENSITIVE ZONE: FEMA FLOOD ZONE 015TR157: OVERLAY DISTRICT: EX. BUILDING COVERAGE: /%%7277i7'7T/, 1=80.50 341.69' PROPOSED 3/4' POLY WATER SERVICE LOCUS INFORMATION CURRENT OWNER: DAVID C. & KAREN M. WHITNEY C/O WHITNEY REVOCABLE TRUST TITLE REFERENCE: CERT 8216343 PLAN REFERENCE: LC. PLAN 38505-A SHEET 2 A55E650RS MAP: 51 RARCEL: 65 ZONING DISTRICT: R-1 5ET5ACKS: FRONT 40' SIDE 25' REAR 25' 60,000 S.F. 51,204* S.F. ZONE 11 "X' DATED 7/16/2014 PANEL #25001C06023 D.C.P.C. 3,420± S.F, (6.70) 1=81.50 1 Y CONNECT W/515494057 0 (=79.58 77,4 2.000 GALLON 2 -COMPARTMENT SEPTIC TANK NOT TO SCALE NOTES; 1. SEPTIC TANK SHALL 8E 51000 REINFORCED CONCRETE 2. SEPTIC TANK SHALL BE CAPABLE OF WITHSTANDING H-20 LOADING. 3. ALL PIPE CONNECTIONS AND CONCRETE CONSTRUCTION SHALL 8E 881095GHT. 4. TEES SHALL BE 5CH. 40 PVC, LOCATED NINON 12' OF TANK WALL AND ACCESSIBLE FROM TANK COVER. 5. FILL ALL UNUSED KNOCKOUTS WITH HYDRAULIC CEMENT. 6' MINIMUM 3/4' 70 1-1/2' CRUSHED STONE PLAN VIEW REMOVE AND DEMOUSH EX. SEPTIC TANK AND REPLACE W/2,000 -GALLON TWO -COMPARTMENT TANK INV. IN=79.35 INV. our=79.10 CUT EX. 64E7 AND 0065TPIPES A5 NECESSARY TO INSTALL SEP11C TANK. RECONNECT EX. PIPING TO TO NEW SEPTIC TANK S1LT5000, COMPOST ALTER, SOCK (T71) - PROPOSED 4' 5541. 40 PVC BUILDING SEWER' CB/DISK FOUND & HELD RAISE R'6E1 AND OUTLET COVERS TO WITHIN 6' OF FINISHED GRADE USING SEWER BRICK AND MORTAR AS NECESSARY 4 LOAM & SEED T3- (( UOUID DEPTH 4' PVC TEE 6' EX, SOIL ABSORPTION SYSTEM TO REMAIN 4THOUT MODIFICATION CROSS-SECTION VIEW 24' COVER 0 LOCUS RD 0R647 s 24 LOCUS o 50MNER (i< gx MAP NOT TO SCALE H OF BRIAN6 YEPOATUR ,' -� _ av YA. � q �p'BR� P ` /ss/ONALE '. 12/6/22 BRIAN G. YERGA11AN DATE PROFESSIONAL ENGINEER SEPTIC COMPONENT UPGRADE FOR ADU CONVERSION 25 SUMNER LANE IN BREWSTER MASSACHUSETTS (BARNSTABLE COUNTY) SEPTIC PLAN DECEMBER 6, 2022 REVISIONS: N0. DATE DESC. PREPARED FOR: DAVID & KAREN WHITNEY 25 SUMNER LANE BREWSTER, MA 02631 91 BSC GRoup 349 Main Street- Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 © 2022 BSC Group. Inc, SCALE: 1" 20' 0 02 10 20 40 ntir FILE: YAR\5072600\C\D\5072600-SP.dwg DWG: DWG SHEET 1 0P 1 JOB. N0: 5-0726.00 COASTA4 / 0 0 Bath 4 O r. 0 0 00 0 p Bedroom 10' 0 0 4 dies Living Room GAS FIREPLACE 24 A 1 A First Floor A3 AM SCALE: 5/5" = T-0" 0 0 n OAPU Second Floor A5 SCALE: 5/8" = 1l-0" 4 Ad Building Area (Gross) Name Area First Floor 662 SF Second Floor 584 SF Total 1246 SF 4665 Route 6 Eastham, MA 02642 Tel: 508-240-2114 Fax. 508-240-0134 www.bulldwithcoartal.com Owner APmpery Location: 25 Sumner Lane j General Note. 'Ihc dowings and all of the ideas, concepts, designs and plans indicated thereon or represented are owned by and swain the pmperty of Land Cape, Inc None ofthe designs, details oaideaa shall be utilized by any person, firm or mapotation for any purpose crept with specifawdnen pearission of Lend Cape, We Owner ofRe d: General Contractor Coastal Custom Builders 4665 Route 6 Eastham, MA 02642 En dmmeotal Consultant Issue Date 08/31/2022 Drawn By: REG DmaingNsmber. A3 COASTAL Front SCALE: 3/8" = 1'-0" II 1 1 ti:._ Left SCALE 3/8" = 1'-0" Rear SCALE 3/8" = 1'-O" d 11 T.O. Roar ilk 21 13-1/4“ Bearing 1Y - D. 1/4' Second Floor oh 8 - II I/8 Bearing 8 - 1 1/8" T.O. FIntehed floor D'-0" Ri4ht SCALE: 3/8" = 1'-O" T.O. ROOf 21 -91/4 Bearle 1 l9 -DV4 Second_ Floor 8 - II 1/8" Bearino 5' - 1 1/8' T.D. FInIshed floor 0" CL s 4665 Route 6 Eastham, MA 02642 Tel: 508-240-2114 Fax: 508-240-0134 wenebuildwidacom W.co m & I+.topm7 Location: The Whitney Residence 5) a in PP General Note. The drawings and all of the ideas, concepts, designs and Omni indicated thereon or represented am owned by and remain the property of Land Cape, Inc. N hoc of the designs, details or ideas shnil Le otitued by any peeaoo, two or corpnm oe for any impose weeps wider speofie written permission of Land Cape, Owner of Record: General C : tmctow Coastal Custom Builders 4665 Route 6 Eastham, MA 02642 Euvaamenud Consolnnt: Issue Date: 08/31/2022 Dean By: REG Drawing Number, A4 COASTAL2O CC)MPAN1CS 4065 Rvutr 6 East ham, M. 02642 '1-cI; 508-240-2111 www.buildwithcoastal.com May 12, 2022 Town of Brewster 2198 Main Street Brewster, MA 02631 Re: Permit Authorization To whom it may concern, 1, David & Karen Whitney of 25 Sumner Lane Brewster, hereby authorize Timothy Klink of The Coastal Companies to apply for and sign all permit applications on our behalf Authorized Signature: Printed Name: l� 1i/,>6y7 Date of Acceptance: S/ Authorized Signature: Printed Name: le -0-4 Wit!jbAL) Date of Acceptance: �-- Custom Building - Renovations - Additions • Planning & Design Landscape Architecture - Landscape Construction - Pools & Spas 51171'0 �J HARD JIGH ROAD / 51166/ a 5117110 TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 51/65/0 51/6310 133.135 LAKE SHORE DRIVE 61/64/0 `\ 145 LAKE SHORE DRIVE 51/65/0 ‘iet_ / 25 SUMNER LANE ) / 6116710 --� 8 SUMNER LANE 2SUMNER %LACKBERRY LANE 1 f 51/72/0 rf 1+ 41LACKBERRY 51/70/0 - 20 BLACKBERRY ONE/ $ LA '�f Certified by: lames M. Gallagher, MAA Deputy Assessor 51/711,0 El HARWICH. ROAD