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HomeMy Public PortalAboutZBA Hearing Packet 04/11/20230, s).nn 4; rGElDEfl6cf`� q` e //11111111111‘10 Zoning Board Brian Harrison Chair Jeff Carter Vice Chair Patricia Eggers Bruce MacGregor Trish Metz Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 MEETING AGENDA April 11, 2023 at 7:00 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting In person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific Item on this agenda, which Includes an applicant and its representatives, should make plans for in -person vs. virtual attendance accordingly. Members of the public who wish to access the meetings may do so in the following manner: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar; https://us02web.zoom.us/j/88076668068?pwd=b3lXWnMwM2tybTk4SzIKMk5vT3NTUT09 enter Passcode 047258 To request to speak: Tap Zoom "Raise Hand" button, then wait to be recognized. When required by law or allowed by the Chair, person wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). 1. Ca11 to Order Department Assistant 2. Declaration of a Quorum Ellen Murphy 3. Meeting Participation Statement 4. Recording Statement 5. Approval of Meeting Minutes 6. Applications: Continued Applications: 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. 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. New Applications: ZBA Case #23-07 Owner/Applicant: Stephen G and Catherine C McInnes, 6 Pilots Way, Map 15, Lot 83, in the RM zoning district. The applicants seek a variance pursuant to section 179-52 of the Brewster zoning bylaw to construct a shed to be located 2ft. from both the side and rear property line. ZBA Case #23-08 Owner/Applicant: Ocean Edge Resort, LLC, 2907 Main Street, Map 90, Lot 160 in the RM zoning district. The applicant seeks a special permit pursuant to section 179-25B of the Brewster zoning bylaw to change, extend or alter the non -conforming use of the property to include outdoor dining. ZBA Case #23-09 Owner/Applicant: Janice Marinello, 439 Paines Creek Road, Map 38 Lot 1 in the RM zoning district. The applicant seeks special permits pursuant to sections 179-25B & 179-42.2B of the Brewster zoning bylaw to raze and replace a detached non -conforming single-family residential structure for use as an accessory dwelling unit (ADU). The lot is approximately 23,943 sq.ft. 7. Matters Not Reasonable Anticipated by the Chair 8. Next Meeting: May 9, 2023 9. Adjournment Date Posted: Date Revised: Received by _Town Clerk 3-16-2023 3-28-2023 Aw ,' . Page 1 of 4 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Town Hall Room B Tuesday, March 14, 2023, at 7 PM Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers, Bruce MacGregor and Trish Metz. Also present: Attorney Andrew Singer (representing ZBA #22-15), Attorney Christopher Senie (representing ZBA# 22-14), David Schlesinger, Attorney Peter Freeman (representing ZBA#23-04), Judi Barrett, Vida Shklovsky, POAH, Dave Quinn, HAC, Paul Attemann, Union Studio, Joe Henderson and Brain Kuchar, Horsley Witten Group, Jefferey Dirk, Vanasse and Associates, Jon Idman (Town Planner), Davis Walters (Building Commissioner) and Ellen Murphy (Department Assistant) The Chair read the Recording or Taping Notification: This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly. To submit public comment or questions to the Zoning Board of Appeals, please email: zbameeting@brewster-ma.gov. Review and Approval of February 7th 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 February 7th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were unanimously approved, Bruce abstained due to absence at the February 7 th meeting. 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, in the RM zoning district. Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz. Attorney Andrew Singer representing the applicants, informed the Board that Attorney Marian Rose from Law office of Singer and Singer LLC submitted a request for continuance until the May 9 th ZBA hearing. The continuance will provide the opportunity to submit revised plans to the Board. Jeff Carter made a motion to grant the continuance for ZBA case #22-15 until the May 9th ZBA hearing, Pat Eggers seconded the motion a vote was taken, and the Board unanimously approved the continuance.  ZBA case #22-14 Petitioner: Great Cape Co-Op, Inc., 2624-2628 Main Street, Map 89, Lot 14. Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers and Trish Metz. Attorney Chris Senie and David Schlesinger addressed the Board. They requested a continuance until the April 11th ZBA hearing in order to provide the Board with a final order to address the Cease and Desist or of the Building Commissioner. Bruce MacGregor made a motion to grant a continuance for ZBA #22-14 until the April 11th ZBA hearing, Trish seconded the motion a vote was taken, and the Board unanimously approved the continuance. The Chair informed the Board that he would be taking cases out of order and the Board will hear ZBA case #23- 06 next.  ZBA case #23-04 Owner/Applicant: Preservation of Affordable Housing, Inc./Housing Assistance Corporation, 0 Millstone Road, Map 98, Lot 12-0. Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers and Trish Metz. Page 2 of 4 Attorney Peter Freeman representing the applicant addressed the Board. He introduced the team: Joe Henderson, Horsely Witten Group and Dave Quinn from HAC, Vida Shklovksy, POAH and Paul Attemann, Union Studio. Attorney Freeman informed the Board since the last meeting they revised the site plan based on parking and trash removal. He indicated that Dave Quinn reached out to some of the neighbors in response to their concerns. Attorney Freeman handed the meeting over to Joe Henderson who shared his screen with the Board displaying the updated site plan that outlined additional parking, road site distance and trash enclosures. Six additional parking spaces were added, trash and recycling areas are displayed in more detail on the updated site plan, also included were walkways and sidewalks on the plan. Joe Henderson addressed the letter that was sent responding to the Town Department comments. He touched on a few major comments indicating the team is working closely with the Health Department and the Fire Department to address any concerns. Attorney Freeman addressed Irene Szturo, an abutter’s comments regarding endangered species. He indicated the site is not in a mapped priority habitat subject to state law and there will be supplemental plantings on the site to buffer light. Dave Quinn informed the Board he reached out to two of the neighbors with requests for additional fencing on the property line. After his discussions the team will take a look at additional plantings for the buffer where it makes sense to fill in any gaps. Attorney Freeman suggested after discussion the hearing could be closed and a decision could be drafted. Bruce referenced the previous month’s hearing regarding the cost of the project from Mr. Casey a concerned resident. He asked if a financial study was performed. Attorney Freeman stated the information from the resident was not accurate and when it was discussed at the last hearing it was addressed. Bruce questioned the traffic study and asked why queuing on 6A and sunshine visibility was not considered. During high season queuing can be backed up to the Orleans line. Attorney Freeman suggested the traffic study indicates it is an existing condition and de minimis. Daniel La Civita, traffic engineer, addressed the summer traffic question and informed the Board it was 34% higher than the average month. Bruce clarified the queuing is on 6A not coming out of Millstone onto 6A. Daniel La Civita informed the Board based on the traffic analysis the impact of the project to the existing condition of the 6A queuing is 1 additional car. Bruce did not agree. Attorney Freeman tried to clarify it is an existing condition and not an impact to the Millstone project. The Board discussed parking including other development properties in Brewster and access to public transportation. Trish expressed concern that the project doesn’t understand the location and the impact of the location. She asked about access to public transportation from the Millstone project. She highlighted the lack of parking issue, the impact on the people who will be living there and the surrounding residents. She also questioned if the Fire Department does not allow parking on the street, where are residents of the development going to park if they have more than one vehicle or guests. Attorney Freeman disagreed, indicating the parking is sufficient and the project is creating a desirable environment for the people who will be living there. Brian Harrison questioned parking for service people. It was suggested overflow parking be considered. Vita Shklovsky indicated that increasing the parking spaces has now made it a 1.8 ratio to each unit. She indicated that other POAH and HAC properties have a range of 1.5 and 2.0 ratio for each unit. Bruce asked what the policy is for boat trailers. Dave Quinn indicated that they are not allowed on the property. He also informed the Board that although there is no public transportation, HAC and POAH have a good relationship with Cape Cod Regional Transit Authority and will reach out to them. Attorney Freeman will look into the possibility of shadow parking. Brian asked if the questions that were sent to the consultant Judi Barrett had been addressed. Judi informed the Board she did not have the email that was sent handy but would answer any questions or concerns of the Board. Brian questioned the risk if the development project was not complete due to financial issues. Judi indicated it was not an issue for ZBA but for Town Counsel and the Select Board. Trish asked why the ratio of low-income housing and affordable housing changed and the number of bedrooms changed from the original proposal. Dave Quinn provided information on the process of designing the development according to the guidelines and requirements set forth in the proposal. Donna Kalinick, Assistant Town Manager addressed the affordability question in terms of the RFP. She indicated there is a range of affordability. The highly advantageous category all of the units at 80% of the Area Median Income (AMI) or below with affordability Page 3 of 4 ranging from 30% AMI to 80% AMI. It was not prescribed how many units were determined in each affordable category. She stated there is a whole financial structure that goes along with each of the categories of the AMI. Bruce asked if solar was included in the design. Donna stated the design is solar ready. Judi Barrett located the email sent regarding questions from the Board. She addressed the questions stating additional land development would be a decision of the Town since the Town owns the land. She suggested if the Board is concerned with parking the Town needs to change their zoning requirements. Jon Idman, Town Planner addressed the parking bylaw. He paraphrased the Brewster bylaw for parking saying the presumptive standards are the beginning of the negotiation for the Board to discuss parking appropriate to the project. The Planning Board is usually the Board addressing parking issues. He indicated it is not necessary for the Planning Board to change the Zoning bylaw for parking because the parking is inflexible. There is nothing in the bylaw that limits the ZBA from staying at 1.5 or 1.8 spaces. Brian Harrison stated that if that is the case asking for shadow parking should be agreeable. Jon Idman informed the Board that reserved parking is in the bylaw and is allowable. He also spoke about the land disposition agreement, and the parameters of the project. Expanding the footprint of the project to increase parking may be a breach of the agreement and would need additional approval from the Select Board. Jeff asked about the 10x20 size parking and if 9x18 is more standard. Jon informed the Board that the Planning Board supported the 9x18 size parking. Pat asked if a proposed location for shadow parking could be updated on the site plan. Attorney Freeman will provide updated plans displaying a shadow parking location at the next meeting. Bruce asked if some of the parking spaces could accommodate a pick up truck. They will be considered. Jon Idman highlighted the importance of maintaining the drive aisle lanes as proposed on the plan when considering additional parking. Donna will provide the land disposition agreement. The Board opened to public input, Rick Gaffney, 598 Millstone Road expressed a concern regarding the 18ft buffer as opposed to a 25ft buffer. Joe Henderson addressed the question, informing the Board on the Millstone side there is a 25ft buffer, at the back there is a 49.8 ft buffer. Mr. Gaffney also requested a fence to deflect lights at night from turning cars into Millstone Road. Dave Quinn will meet with the design team and come back next month with an update. Glenn Casey joining remotely had technical difficulties and was not responding when called upon. Jillian Douglas addressing the Board expressed her support for the project. After several tries, Aileen, having her hand up, did not respond when called upon. There being no more public input, Pat made a motion to close to public input, Jeff seconded the motion a vote was taken and the Board unanimously voted to close to public input. Attorney Freeman suggested Judi Barrett, the consultant, provide a draft decision to review at the next hearing. Judi agreed to provde a draft decision for review at the next meeting. Pat made a motion to continue ZBA case #23-04 until the next ZBA hearing on April 11th, Trish seconded the motion, a roll call vote was taken and unanimously approved. New Applications:  ZBA Case #23-06 Applicant: Joshua Schiff, 3038 Main Street, Map 101, Lot 26, in the RM zoning district. Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers and Trish Metz. Attorney Andrew Singer represented the applicant Joshua Schiff, farm manager at Chatham Bars Inn (CBI) Farm. Attorney Singer introduced the applicant and Gary Thulander, general manager of Chatham Bars Inn. Attorney Singer informed the Board this is the 6th season for CBI Farms. He indicated there are absolutely no changes proposed from what has been requested and done in the past. He referred to the event dates, stating all necessary permits will be obtained and they will continue to work with all of the town departments as necessary. He expressed the importance financially to the Farm and the positive asset to the Community. The events are a mix of both private to CBI and open to the public. Brian Harrison asked if there have been any complaints in the past, Attorney Singer indicated there have been no complaints. Jeff Carter asked if a police detail has been used, Josh Schiff stated that they have attempted to request a police detail when necessary, often times the police are not available, but they are requested. He indicated CBI Farms hired a parking/valet service that was very successful. The Chair opened to public input. Abutter Fran Schofield from 161 Fox Meadow Drive expressed her support as long as the previous conditions remain. Terrance Walsh 157 Fox Page 4 of 4 Meadow Drive also expressed his support. There being no additional input the Board voted unanimously to close to public input. Pat Eggers made a motion to approve the special event permit for ZBA case# 23-06, Bruce MacGregor seconded the motion a vote was taken and the special event permit for ZBA case# 23-06 was unanimously approved. Matters Not Reasonably Anticipated by the Chair:  none Brian announced the ZBA is in need of members. Please reach out to the Select Board if you are interested. The next meeting of the Brewster Zoning Board of Appeals is scheduled for April 11 th, 2023. Pat made a motion to adjourn the meeting, Trish seconded the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. Hearing adjourned at 9:00 pm. #22-14 Appeal Petitioner: Great Cape Co-op Inc. 2624-2628 Main Street #23-04 Applicants: Preservation of Affordable Housing, Inc. & Housing Assistance Corporation 0 Millstone Road FREEMAN LAW GROUP LLC Attorneys at Law Peter L. Freeman pfreemann freemanlawgroup.eom Tel. (508) 362-4700 Mobile (781) 854-2430 April 4, 2023 Nancy J. MacPhee Legal Assistant nmacphee@freeemanlawgroup.com Tel. (508) 362-4700 ext. 3 Via email to Ellen Murphy at emurphy(a)brewster-ma.gov Town of Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 Re: 40B Application — 0 Millstone Road Preservation of Affordable Housing, Inc., and Housing Assistance Corporation 0 Millstone Road, Brewster Dear Board Members: In connection with the above -referenced Application, please find enclosed the following for filing: 1. Revised overall site plan dated March 28, 2023 (a summary of the revisions is being transmitted to you separately by Horsley Witten Group); 2. Landscape Plan dated 04-03-23; 3. Vanasse & Associates, Inc. traffic response letter dated March 31, 2023; 4. Cape Cod Regional Transit Authority letter dated March 24, 2023; and 5. Waiver List revised 04-04-24 (revisions as to building height). We look forward to meeting with you on April 11, 2023. Thank you. Very truly yours, Peter L. Freeman PLF: njm Enclosures cc: Vitalia Shklovsky David Quinn 86 Willow Street ., Yarmouthport, MA 02675 -- Phone (508) 362-4700 Fax (508) 362-4701 N/F CAPTAINS VILLAGE HOMEOWNERS 598 MILLSTONE ROAD N/F DAFFINEE 606 MILLSTONE ROAD N/F O'BRIEN 616 MILLSTONE ROAD N/F GUSKI 626 MILLSTONE ROAD N/F SMOLLER 636 MILLSTONE ROAD N/F CHIPMAN 648 MILLSTONE ROAD N/F MOUNT 560 MILLSTONE ROAD N/F BERBRIN N/F OCEAN'S EDGE RESORT LLC MAP 98 LOT 12 TOWN OF BREWSTER DEED BOOK 31410-87 DEED BOOK 5233-64 16.61 ACRES ± 14 + 6 7 0+00 1+00 2+00 3+00 4+00 5+006+007+00 8+ 0 0 9+ 0 0 10+00 11+00 12+00 13+ 0 0 14 + 0 0 47.3' 35 . 9 ' 47. 2 ' 21 . 4 ' 10 8 . 0 ' 48.9' 23 . 8 ' 24.3' 31.8' LIM I T O F 1 0 ' ( M I N . ) V E G E T A T E D B U F F E R LIMIT OF 10' (MIN. ) V E G E T A T E D B U F F E R LIMIT OF 30' ( M I N . ) LI M I T O F 3 0 ' ( M I N . ) V E G E T A T E D B U F F E R LIMIT OF 30' (MIN.) VEGETATED BUFFER ZO N I N G S E T B A C K ZONING SETBACK ZONING SETBAC K ZO N I N G S E T B A C K VEGETATED B U F F E R ZONIN G S E T B A C K 25 . 0 ' 25 . 0 ' 25 . 0 ' 25.0' 25.0' 40.0' 25 . 0 ' 20 . 0 ' 21 . 2 ' 8 6 6 6 6 9 8 11 7 34 2 38.2' 46 . 6 ' BLDG 1 BLDG 2 BLDG 3 BLDG 4 BLDG 5 BLDG 6 BLDG 7 BLDG 8 BLDG 9 BLDG 10 BLDG 11 22 . 0 ' PROPOSED DRIVEWAY STOP SIGN FOOTPRINT OF PROPOSED PRESBY LEACHFIELDS INNOVATIVE/ALTERNATIVE TECHNOLOGY SEWAGE TREATMENT SYSTEM (DESIGN T.B.D.) PROPOSED LIMIT OF CLEARING PROPOSED LIMIT OF CLEARING BIKE RACK (TYP.) SIDEWALK (TYP.) STORMWATER BIORETENTION AREA (TYP.) MAINTENANCE BUILDING OVERLOOK DECK STANDARD 9'X19' PARKING SPACE (TYP.) PROPOSED LIMIT OF CLEARING ADA ACCESSIBLE PARKING SPACE & LOADING ZONE (TYP; 8'X19') CONNECT TO FUTURE SIDEWALK BENCH (TYP.) CC B VCC VCC VC C VCC CCB 19.0' 9.0 ' 19 . 0 ' 9.0' 9.0' 18 . 4 ' 0+00 1+00 1+34 24 . 5 ' 29.2' 324.9' FERN LANE M I L L S T O N E R O A D FUTURE SIDEWALK BY THE TOWN OF BREWSTER (FINAL LAYOUT T.B.D.) COMMON GREEN TRASH & RECYCLE ENCLOSURE TRASH & RECYCLE ENCLOSURE 3 BLDG 12 GRAVEL MAINTENANCE ACCESS DRIVE VCC GENERATOR PAD LIMIT OF VEGETATION CLEARING ALONG MILLSTONE ROAD FOR VEHICLE SIGHT LINES (IF NOT COMPLETED IN ADVANCE DURING SIDEWALK IMPROVEMENTS PROJECT) (8) OVERSIZED 10'X20' PARKING SPACES OUTLINE OF RESERVE PARKING AREA (10 SPACES) Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 DE C E M B E R 2 0 , 2 0 2 2 M C L / E W H M C L / E W H RA C O V E R A L L S I T E P L A N 0 M I L L S T O N E R O A D CO M P R E H E N S I V E P E R M I T S E T BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 Ph o n e : (50 8 ) 8 3 3 - 6 6 0 0 Fa x : (50 8 ) 8 3 3 - 3 1 5 0 Da t e d : Oc t o b e r 1 0 , 2 0 2 2 Pr e s e r v a t i o n o f A f f o r d a b l e Ho u s i n g , I n c . 2 O l i v e r S t r e e t , S u i t e 5 0 0 Bo s t o n , M A 0 2 1 0 9 Ph o n e : - Fa x : --- - 22084 la s t m o d i f i e d : 0 3 / 2 8 / 2 3 p r i n t e d : 0 3 / 2 8 / 2 3 b y m l H: \ P r o j e c t s \ 2 0 2 2 \ 2 2 0 8 4 M i l l s t o n e R o a d B r e w s t e r \ D r a w i n g s \ 2 2 0 8 4 - S T . d w g (in feet) GRAPHIC SCALE 040 20 40 80 160 1 INCH = 40 FEET Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . PROPOSED PARKING SUMMARY: STANDARD PARKING SPACES:72 ADA ACCESSIBLE SPACES:6 TOTAL PARKING SPACES:78 PARKING RATIO:1.7 SPACES/UNIT NOTE: A RESERVE PARKING AREA WITH 10 SPACES HAS BEEN DELINEATED ON THE WEST SIDE OF THE DEVELOPMENT. IF THIS AREA WERE CONSTRUCTED IN THE FUTURE, THERE WOULD BE A NET GAIN OF 8 SPACES, BRINGING THE TOTAL COUNT TO 80. PROPOSED BUILDING TYPES BUILDING 2 BUILDING 3,7,10 BUILDING 4,5,6,9 BUILDING 8 & 11 BUILDING 1 13 Units (9) 1BR, (3) 2BR, (1) 3BR 12Units (2) 1BR, (2) 2BR each 16 Units (4) 2BR each 4 Units (2) 3BR each Community Building Community Room, Laundry, and Management Offices TOTAL UNIT COUNT: 45 Sheet : O V E R A L L S I T E P L A N 6 19of 6C - PERMITTING SET ONLY NOT FOR CONSTRUCTION 20-SCALE VIEW BOX (SEE SHEET C-8)20-SCALE VIEW BOX (SEE SHEET C-7) JH 03 / 0 7 / 2 3 M L Ad d p a r k i n g , d u m p s t e r & s i d e w a l k s . ISSUED FOR ZBA REVIEW 03/28/23 JH 03 / 2 8 / 2 3 KF In c r e a s e p a r k i n g s p a c e s i z e a n d a d d re s e r v e p a r k i n g a r e a 95 100 105 100 95 90 8889 105 10 5 10 4 101 101 102 10 3 100 100 100 100 105 98 98 99 99 101 101 102 103 104 106 10 09899 10 1 10 1 10 2 10 2103 10 3 106 104 10 0 96 97 98 99 101 105 103 104 8 6 6 6 11 BLDG 1 BLDG 4 BLDG 5 BLDG 6 BLDG 7 BLDG 8 BLDG 9 BLDG 10 D D D D D D D 99 10 0 105 10 5 99 10 1 10 2 10 3 103 103 10 4 104 100 97 98 99 101 102 103 98 9 9 101 10 2 10 0 101 10 2 10 3 10 4103 104 105 10 5 10 4 10 3 103 104 105 102 103 102 103 104 101 103 100 9 9 10099 9 8 9 7 9 7 9 8 9 5 10 3 10 4 9 7 99 100 101 102 99 100 9 9 98 9 7 9 8 9 9 98 99 98 97 10 0 9 9 101 103 10 2 101 100 9 5 9 6 102 10 0 9 5 101 101 101 9 4 9 4 96 9 3 9 3 96 9 6 96 9 8 99 10 3 100 9 6 9 5 10 2 10 0 9 9 10 2 10 0 101 102103 10 0 101 101 102 101100 10 2 101 104 102 10 4 10 3 102 S S S S S S SS SSS S S S S S S S S S S S W W W W W W W W W W W W W W W W W W W W W W W W W HY D HY D WV WW WW WW WW WW WV WV WV WV WV WV E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/T/C E/ T / C E/T/C E/T/C E/T/C E/T / C E/T / C E/T / C E/ T / C E/ T / C E/ T / C E/T/C WW E/T/ C E/T / C E/ T / C CO CO BIORETENTION AREA 6 BIORETENTION AREA 5 BIORETENTION AREA 1 SNOW STORAGE BIORETENTION AREA 7 SCREENING PLANTING TYP. SCREENING PLANTING TYP. STREETSCAPE PLANTING AREA TYP. EXISTING VEGETATION TO BE PRESERVED STREET TREE TYP. SEED MIX 2 SEED MIX 1 BRUSH LINE 40' DISTANCE TYP. BETWEEN STREET TREES STREET TREE TYP. LARGE DECIDUOUS TREE TYP. VEGETATED INFILTRATION BASIN40.0' LIMIT OF 30' VEGETATED BUFFER 20' ZONING SETBACK M A S S S T A T E P L A N E EXISTING TREE TO REMAIN STREET TREE LARGE DECIDUOUS TREE UNDERSTORY TREE EVERGREEN TREE MEDIUM EVERGREEN TREE LEGEND: SEED MIX: SEED MIX #1: HARMONY SEED MIX (MOW BI-WEEKLY) Coastal/Wavy Hair Grass (Deschampsia flexuosa) Sheep Fescue (Festuca ovina L.) Blue Fescue (Festuca glauca) Hard Fescue (Festuca brevipila) SEED MIX #2: ENHANCED HARMONY SEED MIX (MOW ANNUALLY AS NEEDED) Coastal/Wavy Hair Grass (Deschampsia flexuosa) Little Bluestem (Schizachyrium scoparium) Big Bluestem (Andropogon gerardii) Upland Bentgrass (Agrostis perennans) Blue Fescue (Festuca glauca) Hard Fescue (Festuca brevipila) Assorted Native Wildflowers Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 DE C E M B E R 2 0 , 2 0 2 2 KJ K / H L C KJ K BR K PL A N T I N G P L A N ( 1 ) 0 M I L L S T O N E R O A D CO M P R E H E N S I V E P E R M I T S E T BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 Ph o n e : (50 8 ) 8 3 3 - 6 6 0 0 Fa x : (50 8 ) 8 3 3 - 3 1 5 0 Da t e d : Oc t o b e r 1 0 , 2 0 2 2 Pr e s e r v a t i o n o f A f f o r d a b l e Ho u s i n g , I n c . 2 O l i v e r S t r e e t , S u i t e 5 0 0 Bo s t o n , M A 0 2 1 0 9 Ph o n e : - Fa x : --- - 17 1922084of la s t m o d i f i e d : 0 4 / 0 4 / 2 3 p r i n t e d : 0 4 / 0 4 / 2 3 b y k k K: \ P r o j e c t s \ 2 0 2 2 \ 2 2 0 8 4 M i l l s t o n e R o a d B r e w s t e r \ D r a w i n g s \ 2 2 0 8 4 - L A . d w g (in feet) GRAPHIC SCALE 020 10 20 40 80 1 INCH = 20 FEET 1L - Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s w w w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . PERMITTING SET ONLY NOT FOR CONSTRUCTION PROPOSED PLANT LIST: PLANTING LAYOUT NOTES 1.ANY DISTURBED AREAS AROUND THE BUILDING TO BE PLANTED WITH SEED MIX #1. 2.SEED THE BIORETENTION AREAS WITH SEED MIX #2. 3.FOR AREAS WITH MIXED PERENNIALS AND/OR GRASSES (SHOWN AS HATCHED AREAS ON PLANS), DO NOT PLANT IN A PATTERN OR WITH LARGE AREAS OF THE SAME SPECIES. RANDOMLY PLANT AS INDICATED ON THE PLANTING PLANS INTO SMALL GROUPINGS OF THE SAME SPECIES TO CREATE A MORE NATURALISTIC APPEARANCE. PLANT THE SAME PLANT SPECIES IN GROUPS OF 3-7 AND NOT LARGER THAN 7, DEPENDING ON THE OVERALL NUMBER OF PLANTINGS. ISSUED FOR ZBA REVIEW 04/03/23 04 / 0 3 / 2 3 KJ K JH Up d a t e d s c r e e n i n g p l a n t i n g 35 New England Business Center Drive Suite 140 Andover, MA 01810 www.rdva.com (978) 474-8800 (978) 688-6508 Ref: 9564 March 31, 2023 Mr. Brian Harrison, Chair Zoning Board of Appeals Town of Brewster 2198 Main Street Brewster, MA 02631 Re: Response to Zoning Board of Appeals Comments Proposed Multifamily Residential Development – Millstone Road Brewster, Massachusetts Dear Chair Harrison and Members of the Zoning Board of Appeals: Vanasse & Associates, Inc. (VAI) is providing responses to the questions that were posed by the Zoning Board of Appeals (ZBA) at the March 14, 2023 public hearing for the proposed construction of a multifamily residential development to be located off Millstone Road in Brewster, Massachusetts (hereafter referred to as the “Project”). Specifically, we are responding to comments that were raised by the ZBA concerning: i) the drive aisle width that was recommended in the January 2023 Transportation Impact Assessment prepared by VAI in support of the Project (the “January 2023 TIA”); ii) the impact of the Project under peak summer month conditions; and iii) the parking ratio that will be provided. The following summarizes our responses to these comments. DRIVE AISLE WIDTH In the Recommendations section of the January 2023 TIA, VAI recommended the following under “Site Access”: Where perpendicular parking is proposed, the drive aisle behind the parking should be a minimum of 23 feet in width in order to facilitate parking maneuvers. The drive aisle within the Project site is proposed to be 22-feet wide in an effort to reduce the amount of impervious area and land disturbance. The 22 foot dimension is acceptable to accommodate parking maneuvers, particularly in a residential development where there the turn-over of parking spaces is limited and the users are familiar with the parking layout. The 23 foot wide drive aisle is a recommended dimension for all parking facilities and allows for larger vehicles to accomplish parking maneuvers in one movement. The 22-foot dimension will allow most vehicles to complete parking maneuver in one movement; larger vehicles (vehicles 19-feet in length, such as a large pick-up truck or similar) may need to make an additional backing maneuver to enter or exit a parking space when a vehicle is parked on either side. Mr. Brian Harrison, Chair Zoning Board of Appeals Town of Brewster March 31, 2023 Page 2 of 3 G:\9564 Brewster, MA\Letters\Response to ZBA Comments 03.31.23.docx PEAK SUMMER MONTH IMPACTS The January 2023 TIA includes an assessment of traffic volumes and operating conditions on the roadways serving the Project site under both average and peak summer month conditions. As defined in the January 2023 TIA, the Project is expected to generate between 37 and 40 vehicle trips during the weekday peak commuter hours. Approximately 35 percent of these trips are expected to be oriented to/from Route 6A and the remaining 65 percent are expected to be oriented to/from Route 132. The incremental increase in traffic to these roadways is less than 30 vehicle during the weekday peak hours, or fewer than one additional vehicle every 2-minutes. While it is acknowledged that traffic volumes, delays and vehicle queuing are pronounced during the peak summer months, during this 2 to 3 month period, the Project’s impacts were minor and characterized as a potential increase in vehicle queuing of up to two (2) additional vehicles, which is not considered significant. During the majority of the year, the impact of the Project will not be readily apparent. PARKING RATIO Table 1 summarizes the ITE peak parking demand data that is derived from parking demand observations performed at conventional multifamily residential communities situated in a general urban/suburban setting. The ITE data was obtained for a mid-rise residential community as the available data set for a low- rise residential community is limited. Table 1 ITE PEAK PARKING DEMAND DATA Peak Parking Demand per Dwelling Unit Land Use Code/Time Period Average Rate 85th Percentile Multifamily Housing (Low-Rise)a Weekday Saturday 1.31 1.22 1.47 1.33 aITE Land Use Code 221, Multifamily Housing (Mid-Rise). As can be seen in Table 1, the ITE parking demand data for a multifamily residential community indicates that the average peak parking demand on a weekday is 1.31 parking spaces per unit, with an observed 85th percentile peak parking demand1 of 1.47 parking spaces per unit. On a Saturday, the average observed peak parking demand was observed to be 1.22 parking spaces per unit, with the observed 85th percentile peak parking demand found to be 1.33 parking spaces per unit. Given that the weekday peak parking demands are higher than those on a Saturday, the weekday data is used for design purposes. 1The 85th percentile peak parking demand is defined as the parking demand at which 85 percent of the observed peak parking demands fall below and 15 percent are above. Mr. Brian Harrison, Chair Zoning Board of Appeals Town of Brewster March 31, 2023 Page 3 of 3 G:\9564 Brewster, MA\Letters\Response to ZBA Comments 03.31.23.docx Given that the Project will provide a parking ratio of 1.7 parking spaces per unit, the proposed parking supply is sufficient to accommodate the parking demands of the Project and exceeds peak parking demand ratios for a multifamily residential community as documented by the ITE. We trust that this information is responsive to the questions that were raised at the March 14, 2023 ZBA hearing. If you should have any questions or would like to discuss our responses in more detail, please feel free to contact me. Sincerely, VANASSE & ASSOCIATES, INC. Jeffrey S. Dirk, P.E., PTOE, FITE Managing partner Professional Engineer in CT, MA, ME, NH, RI and VA JSD/jsd eR77l* 1 CAPE COD REGIONAL TRANSIT AUTHORITY ADVISORY BOARD OFFICERS Robert C. Lawton, Jr., CHAIRMAN George Slade, VICE CHAIRMAN George H. Dunham, CLERK Thomas S. Cahir, ADMINISTRATOR BARNSTABLE BOURNE BREWSTER CHATHAM DENNIS EASTHAM FALMOUTH HARWICH MASHPEE ORLEANS PROV/NCETOWN SANDWICH TRURO WEILELEET YARMOUTH Dear Mr. Quinn: Please consider this letter as the Cape Cod Regional Transit Authority's (CCRTA) commitment to provide a future deviation bus stop in support of the proposed 45 -unit affordable housing project in Brewster on Millstone Road. The CCRTA is pleased to provide transportation in support of this outstanding project that addresses the severe housing shortage on the Cape through the provision of these affordable housing units. Please do not hesitate to contact me if you have any further questions regarding this commitment letter and looking forward to providing CCRTA public transportation in support of your project. Sincerely, Thomas 5. Cahir Administrator Box 1988 Hyannis, MA 02601 508/75.8504 9p SMARTDART C4 BART 1 TRANSPORTATION AVENUE P.O. BOX 1988 HYANNIS, MA 02601 www.capecodrta.org REQUESTED WAIVERS -REVISED 04-04-23 APPLICANT: Preservation of Affordable Housing, Inc. (POAH) & Housing Assistance Corporation (HAC) SUBJECT PROPERTY: 0 Millstone Road, Brewster, MA PROJECT NAME: To be determined PROJECT: 45 Rental Units on 16.6 Acres The Applicant seeks waivers from the Brewster local Bylaws, rules and regulations, as shown below. The Applicant also requests that waivers be granted from any requirements to apply to the Town or other municipal Boards or departments, including but not limited to the, Board of Health, Board of Selectmen, Department of Public Works, Planning Board, and Water Department, if normally required; and the Applicant requests that the Comprehensive Permit be issued in lieu of all of the aforementioned permits, inclusively, including but not limited to the permits and approvals to connect to the municipal water system (please note that the Applicant will comply with all technical requirements related to the municipal water system). If in the course of the hearings it is determined that there are other local by-laws, rules and regulations that would otherwise be applicable to this development that have not been requested in this application, the Applicant reserves the right to so amend the Requested Waivers. The Applicant also requests waivers from otherwise applicable building permit and water department fees, as to the affordable units. I Pursuant to 760 CMR 56.05(7), waivers are not needed from Special Permit provisions of a zoning bylaw, but only from the requirements of the underlying as of right zoning provisions. 1 Comprehensive Permit Rules of the Zoning Board of Appeals Section 3.01 (h). Applicant will submit a list of requested exemptions or exceptions to local. requirements and regulations, including local codes, ordinances, by-laws or regulations as required by this section and the Comprehensive Permit regulations (760 CMR 56.05(2)(h). However, the requirement of a `written explanation of why, but for the failure to grant the requested waiver, the proposed project would be uneconomic' should be determine in the aggregate during the scope of the local hearing process and be based on consistency with local need (760 CMR 56.05(4). Thus, to the extent necessary, applicant requests a waiver from this requirement of a written explanation to the requested exemptions of rendering the project uneconomic. Section 3.01 (k). Applicant requests waiver from the submission of proof of filing of a Project Notification Form ("PNF") with the Massachusetts Historical Commission ("MHC). Applicant will prepare and file a PNF with MHC at such time as a final project is approved. Section 3.01 (I). Applicant requests waiver from the submission of proof of filing of a Rare Species Information Form with the Massachusetts Natural Heritage and Endangered Species Program ("NHESP"). The project is not located within an Estimated Habitat of Rare Wildlife or Priority Habitat as indicated in the Massachusetts Natural Heritage Atlas (14t11 Edition). This has been confirmed by the Massachusetts Division of Fisheries & Wildlife. Section 3.01 (m). Financial information such as a pro forma is not applicable as it is in conflict with 760 CMR 56.05(6). To the extent necessary, Applicant requests waiver from the submission of project pro forma. Section 3.01 (o). Applicant requests a waiver from submission of appropriate attention to impact on town services, including fire, police, and schools. All local boards and departments will have the opportunity to provide comments relating to any impact on town services to the Zoning Board of Appeals and those comments can be addressed during the scope of the hearing process. Additionally, applicant along with development team members attended an informal town staff meeting in April 2017 to review these matters and took the comments presented into account. Section 3.01 (q). Application request a waiver from the submission of project impacts to the extent necessary. As stated above under Section 3.01 (o), all local boards and departments will have the opportunity to provide comments relating to any impact on town services to the Zoning Board of Appeals and those comments can be addressed during the scope of the hearing process. Notwithstanding this request, the applicant will be submitting a Traffic Impact Assessment and a Stormwater Management Report. Additionally, applicant along with development team members attended an informal town staff meeting in April 2017 to review these matters and took the comments presented into account. 2 ZONING - CHAPTER 179 OF THE CODE OF THE TOWN OF BREWSTER (in effect October 2017) Article IV. Use Regulations Section 179-10. Applicability of use regulations. Applicant requests a waiver from the requirement that no building, structure or land shall be used except for the purposes permitted in the district as described in the Use Regulation section. Section 179-11. Table of Use regulations. Applicant requests a waiver from the requirement of conformance to the Table of Use Regulations (Table 1) as follows: Residential 8. Multifamily dwelling units are not permitted in the R -L district. The proposed affordable housing project consists of (45) multi -family dwelling units to be permitted under a Comprehensive Permit. Article IV. Use Regulations Section 179-16. Tables of regulations. Table 2 Area Regulations Minimum Required Lots: Applicant requests a waiver from Table 2 Area Regulations Minimum Required Lots within the R -M zoning district, including minimum lot frontage and minimum side yard setback: Required Proposed Side Yard Setback 25 feet 17 feet Applicant requests a waiver from Table 2 Area Regulations Minimum Required Lots footnote 1 from the requirement that generally, only one principal structure shall be permitted on one lot. The proposed project will consist of 10 residential buildings and a one community building to be permitted under a Comprehensive Permit. Table 3 Height and Bulk Regulations Applicant seeks a waiver from Table 3 Height and Bulk Regulations within the R -M zoning district from the Maximum Permitted Height of thirty (30) feet to a maximum height of up to thirty-six (36) feet. See Chart of building height calculations attached hereto. 3 Article VII. Off -Street Parking and Loading Section 179-23. Parking and loading lot standards. Applicant requests a waiver §179-23(A.)(4) from the requirement that all parking spaces be 10 x 20 feet in dimension. The parking spaces as shown on the project plans are 9 x 18 feet in dimension. Article IX. Special Regulations Section 179-34. Multifamily dwellings. Applicant requests a waiver from this section of the zoning bylaw as applicable to permit the construction of multifamily dwellings on the site in the R -L zoning district as shown on the submitted Site Plans. The proposed project will be permitted under a Comprehensive Permit. Article XL Water Quality Protection District Section 179-61. Water quality review. Applicant requests a waiver from the requirement of obtaining a certificate of water quality compliance from the Water Quality Review Committee. Article XII. Site Plan Review Section 179-64. Applicability. Applicant requests a waiver from the applicability of Site Plan Review. Under Chapter 40B, the Zoning Board of Appeals sits in lieu of all other local boards and departments, and all such boards and departments in any event have the opportunity to provide comments and suggestions to the Zoning Board of Appeals. 4 TOWN OF BREWSTER BOARD OF HEALTH REGULATIONS Water Quality Report Regulation (Effective January 15, 1988) Applicant requests a waiver from the applicability of this Water Quality Report Regulation. The proposed wastewater system is designed and sited to comply with Title V requirements and Board of Health requirements. The Project Site is not in a well recharge area, not upgradient of a nitrogen sensitive tidal embayment, and not upgradient of any freshwater ponds. Design, Operation, and Maintenance of Small Wastewater Treatment Facilities (Effective March 15, 20071 Applicant requests a waiver from the applicability of this regulation pertaining to the Design, Operation, and Maintenance of Small Wastewater Treatment Facilities. The proposed wastewater system design flow is less than 10,000 gpd and is not regulated under MassDEP groundwater discharge permit regulations. The proposed wastewater system is designed and sited to comply with Title V requirements and Board of Health requirements. The Project Site is not in a well recharge area, not upgradient of a nitrogen sensitive tidal embayment, and not upgradient of any freshwater ponds. TOWN OF BREWSTER GENERAL BYLAWS (in effect October 2017) Chapter 83. Staff Review Applicant requests a waiver from the applicability of Staff Review. Under Chapter 40B, the Zoning Board of Appeals sits in lieu of all other local boards and departments, and all such boards and departments in any event have the opportunity to provide comments and suggestions to the Zoning Board of Appeals. SCENIC ROAD ACT AND PUBLIC SHADE TREE ACT Applicant requests a waiver from obtaining approval from the Planning Board of any tree cutting within the Millstone Road public right of way, and asks that the Zoning Board of Appeals grant such approval. 0 MILLSTONE ROAD BUILDING NUMBER AVGEXIST GRADE FFEPER CIVIL BUILDING HEIGHT (FROM(.FETOTOPOF RIDGE) BUILDING HEIGHT (FROM AVERAGE EXISTING GRADE TO TOP OF RIDGE) BUILDING HEIGHT :(FROM AVERAGE EXISTING GRADE TO TOP OF RIDGE IN FEET & INCHES) ALLOWABLE BUILDING HEIGHT (BREWSTER ZONING ORDINANCE) HEIGHT BEYOND ZONING ORDINANCE (FEET AND INCHES) 1 95.70 99.7 21.25 25.25 25'-3" 30'-0" 0'-0" 2 99.37 100.8 33.166 34.596 34'-8" 30'-0" 4'-8" 3 96.86 99.7 31.166 34.006 34'-1" 30'-0" 4'-1" 4 98.69 101.0 31.166 33.476 33'-6" 30'-0" 3'-6" 5 103.60 104.5 31.166 32.066 32'-1" 30'-0" 2'-1" 6 104.75 104.5 31.166 30.916 30'-11" 30'-0" 0'-11" 7 102.10 103.0 31.166 32.066 32'-1" 30'-0" 2'-1" 8 97.25 100.5 29 32.25 32'-3" 30'-0" 2'-3" 9 94.30 98.3 31.166 35.166 35'-2" 30'-0" 5'-2" 10 94.35 97.8 31.166 34.616 34'-8" 30'-0" 4'-8" 11 95.10 98.2 29 32.1 32'-2" 30'-0" 2'-2" Archived: Wednesday, March 29, 2023 8:30:30 AM From: Jarrod West Sent: Tue, 28 Mar 2023 20:44:46 To: brewplan Subject: Millstone affordable housing permit Sensitivity: Normal ___________________________________ My wife, my son and myself are totally against this whole project! It’s a terrible location for it! To clear the 16 acres of woodland just is not right! Will add to much traffic to that road! I wish we could be there to vote against it but we will be in VA that week. Is there any absentee voting for this? Thanks Jarrod West Kimberly West Jason West 44 Cummings rd Brewster #23-07 Owner/Applicant: Stephen G and Catherine C McInnes 6 Pilots Way � 11,INff:gp... ''cB RPOflti B03�r i� id o s` p eai.P 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov ZBA CASE FILE # c APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ ZBA APPEAL APPLICATION Late 4-I !me 6.camped By Town Clerk NAME OF APPLICANT c ((1 Ca REPRESENTATIVE MAILING ADDRESS - E- MAIL ADDRESS rc i -h PROPERTYADDRESS CURRENT PROPERTY OWNER(S) tfi Si I f 1r,- PHONE NUMBER 5-0 (L= i a REGISTRY OF DEEDS TITLE REFERENCE BOOK CERT. OF TITLE # 5 7 C PLAN # I 0 ( L( I ee;. MAP # 5 ZONING DISTRICT I\ STATEMENT OF PROJECT LOT # iS Yi A 0_ CCorYN LAND COURT # fQ PAGE I tcL , OR YEAR BUILT ,2 C FLOOD PLAIN AE DATE c V1/D SIGNATURE OF OWNER OR AGENT FOR OWNER NOTE: This petition is NOT COMPLETE until all information is provided. Accuracy of this information is the responsibility of the petitioner.( Initial) C `. (L VE N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 1 7/19/2018 12:02 PM MGL 40A, Section 6B, Brewster Zoning Bylaw 179-27, Article 8 DATA SHEET Complete this form for eve structure he site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other (Inn a Pau O STREET ADDRESS t( P 1 I 0 +5 W a YEAR BUILT 20 0 0 a., MAP # 7 9 LOT # 1014 ZONING DISTRICT '1 P1 List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING 1; isle✓, I � N _11L_ _c2,1 -e. a on q " y REQUIRED PROPOSED 15-0 5 FRONTAGE EXISTING rT 3 REQUIRED CO LOT SIZE 1 6 S , -` • Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, Existing is the setback that currently exists on the ground Required is the applicable setback required currently in the Brewster zoning bylaw Proposed is the setback being requested _ r• 1 LOT COVERAGE EXISTING % I j • ¶6 PROPOSED % 17 L ALLOWED % SIZE OF PARCEL sq. ft. BUILDABLE UPLAND Lig 1 sq, ft. BUILDING COVERAGE/PRIMARY STRUCTURE $3 0 scot. G g )( 1 o `) N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 2 7/19/2018 12:02 PM BUP .DING COVERAGE ALL OTHER STRUCTURES BUILDING HEIGHT: EXISTING PROPOSED SPECIAL PERMITS: sa, ft. ❑ APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN G.L.C. 40A, #9, SECTION 179-51, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. ADDITIONAL COMMENTS: U APPEAL IN ACCORDANCE WITH G.L.C. 40 A:8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZAgAppeal and Variance APPLICATION UPDATED 07.18.18.doc 7/19/2018 12:02 PM ❑ VARIANCE: in accordance with MGL 40A§ 10 MGL 40A Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that; 1. Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and 2. A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and 3. That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. The Board must find that applications for a variance meet all three findings. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 4 7/19/2018 12:02 PM ZONING BOARD OF APPEALS FILING PROCEDURES Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am — 4:00 pm Monday- Friday. Completed application packages include twelve (12) copies of the following: APPLICATION • PROFESSIONALLY ENGINEERED SITE PLAN • ASSESSOR'S MAP SHOWING THE APPLICANT'S LOT • BUILDING PLANS; INCLUDING FLOOR LAYOUT, ELEVATIONS AND DIMENSIONS • DECISION LETTER FROM THE ZONING AGENT, IF APPLICABLE • CHECK IN THE AMOUNT OF THREE HUNDRED ($300) DOLLARS Photographs are recommended. Please also provide one (1) pdf or electronic copy of the completed application package. An Abutter's List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted on the Meeting Board on the main floor of the Town Offices. A copy of the Zoning -By -Law, Chapter 179, is available at the Brewster Ladies' Library. It may also be purchased at the Town Offices for $25.00 or downloaded without charge from www.town.brewster.ma.GOV Please be advised that it is improper for the Chairman or any member of the Board of Appeals to give legal advice or to discuss the merits of any petition prior to the public hearing. AFTER YOUR HEARING: Within two weeks a formal decision will be written, signed and time stamped with the Town Clerk. A 20 -day appeal period the follows. If NO appeals are taken, you will receive your final sealed decision, file with Barnstable Registry of Deeds and proceed with obtaining your Building Permit. Any Decision of the BOA may be appealed to Superior Court, Land Court or District Court within twenty (20) days from the time that the decision is. filed with the Town Clerk. N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 5 7/19/2018 12:02 PM t] 1311 52 AC; ) FEri 84 4's4C 5 85 .26 AC _45 AC i 0 1 1 3 1 18 .91 AC UPLAND 24 AC WETLAND 1 15 AC TOTAL 2235 (2) ; • . .►;1 _ ._! _ CAPE COD 6 s 39 -�5 49 07 27 37 48 7-16 26 36 47 6 ', 15 25 35 46 5 14 24 34 45 '4 j 13 23 33 44 12' 22 32 43' U12 11 21 31 42 Z1 10, 20' 30 41i Wg 18 g 29=40 „. FEET SCALE 0 50 100 REVISED TO: BREWSTER ZONING BOARD OF APPEALS Applicants: Stephen G. and Catherine C. Maclnnes Property: 6 Pilots Way, Map 79 Lot 104, RM District Applicants seek side lot and rear lot variances from the Brewster Zoning By-laws in order to construct a maximum size of eight feet by ten feet (8' x 10') shed to be located two (2') feet from both the rear yard and left side yard set -back requirements. The locus is approximately 100' by 75.' The set- back requirements for shed registration are forty (40') feet from street frontage and ten (10') feet from the side and rear lines. The locus is a corner lot with street frontages on Pilots Way and Captain Higgins Way. The attached septic system as -built plan dated February 24, 2016, prepared by Jason C. Ellis, certifies the location of all underground septic construction. After research, Mr. Ellis concluded its current location was the only viable spot. The existing soil absorption system (S.A.S.), an essential component to the property's septic system, is located 10 1/2 feet from the side lot line and just over eight feet from the rear lot line. Previously, the Board of Health advised that a structure is not permitted to cover a septic system component. The house located to the rear of the locus, known as parcel 87, is approximately 10 feet from its rear lot line. Parcel 88 has seven feet high row of arborvitae shrubs surrounding its side and rear lot lines. The lot line abutting parcel 103 is wooded over 20 feet before its house. The topography, i.e., location of septic system, prevents applicants from meeting the zoning requirements for a shed. The proposed location of the shed will not be detrimental to abutters and the public good. In fact, it will enhance abutting properties by providing much needed lot line privacy for them. The applicants are aging since they purchased the property in 2000. This past Fall, we were unable to move our 3' x 6' table down the cellar stairs. Also recently given to the 2 applicants was a gas grill that also cannot be moved down 12 cellar stairs. Our rear yard abutter is installing a fence from the branched cedar tree on the right to the tall pine tree, giving her much needed privacy for her new paved patio. The proposed shed location will be on the other side of that pine tree toward the tall row of hedges, providing much needed privacy while using the picnic table. Note the location of the 7' hedges outlining parcel 88's lot lines. Those abutters will not see the shed. Without any variance, the applicants are permitted to erect a fence, similar in height to a shed, directly on their property line. The requested relief is no more detrimental than a permitted fence, the applicants humbly state. Thank you for your time and consideration. SURVEY PLAN REFERENCE: L.C.P. 120148 SHEET 2 CERTIFIED PLOT PLANS PREPARED BY PETER W. SOULE, P.L.S. DATED 12-26-2001 & 2-12-2002 PCL. 77 REBAR & CAP FOUND PCL. 103 S 84'54'10° W CAPTAIN HIGGINS ROAD THIS PLAN IS FOR SEPTIC SYSTEM LOCATION ONLY J.C. ELLIS DESIGN P.O. BOX 81 NORTH EASTHAM, MA 02651 (508)240-2220 Email: jceliisdesign©veriaon.net PCL. 88 EXISTING D -80X EXISTING SEPTIC TANK A B SEPTIC TANK IN 29.2' 15.1' SEPTIC TANK OUT 24.5' 12.8' D —BOX 22.3' 13.2' CHAMBER 1 19.4' 24.1' CHAMBER 2 17.7' 19.9' CHAMBER 3 17.4' 15.8' SEPTIC SYSTEM AS UILT PLAN SUBJECT: 6 PILOTS WAY BREWSTER, MA PREPARED FOR: STEPHEN & CATHERINE MACINNES 78 ISLAND ROAD MILLIS, MA 02054 MAP 79 PARCEL 104 SCALE: 1"---=2: MICHAEL LADUE, P,L.S. DATE: FEBRUARY 24, 2016 SHEET 1 Application#23-07 www.brewster-ma.gov Page 1 of 1 4/3/2023 DEPARTMENT REVIEWS Application #23-07 APPLICANT: Stephen G and Catherine C McInnes REPRESENTATIVE: MAP/LOT: Map 15, Lot 83 PROPERTY ADDRESS: 6 Pilots Way Received from: Police Dept. Comments received from Lt. Charles Mawn The police dept has no comments to add at this time. Health Dept. Comments received from Sherrie McCullough The existing Title 5 compliant septic system was installed in 2016. Due to the lot size (6,034 SF) and configuration the plan was approved with setback variances granted by the Brewster Board of Health. The Health Department is fine with the proposed location of the new shed as it will not hinder access to any existing septic components and there are no Title 5 setbacks to sheds. Fire Dept. Comments received from Chief Moran  FD has no comments. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 79/104/0 78/77/563 and othegs 19 LANDING LAN 79/9o/0 y BlYD�tS AW �IC1� {k9(T H. ROA 36 PILOTS WAY I '1 y }; _ ' V ? /x79/89/0 'y 3 , CHOIRS AW IdH. ROA i 1, 1 1 9/103;0-' —. 1�i y` \ 22 PILOTS 09188/0 15 NCHORS AWqI ,H. ROAD -J y � 79/87/0'y 1 1 J 3 AWEGH ROAD-- r AY i `I _i i PILOTS T-- Certified by: lames M. Gallagher, MAA Deputy Assessor 1 #23-08 Owner/Applicant: Ocean Edge Resort, LLC 2907 Main Street Archive d: Thursday, April 6, 2023 4:09:14 PM From: Michael Ford Se nt: Thu, 6 Apr 2023 20:05:14 +0000ARC To: Ellen Murphy; John O'Reilly Cc: Devane, Tom; jmostyn@corcoranjennison.com; Jeffrey Ford Subje ct: RE: ZBA Hearing 4-11-2023 Se ns itivity: Normal Attachme nts : CCE04062023.pdf; Bre wster Zoni ng Board of Appe als, c/o Ell e n Murphy Admi ni strati ve Assi stant, I write on be hal f of our cli e nt, Ocean Edge Re sort LLC, the Appl i cant for a Spe cial Pe rmi t i n ZBA Case #23-08 to re que st a conti nuance of the publi c he ari ng sche duled for Apri l 11, 2023 to the Board’s ne x t meeti ng on May 9th , 2023. In support of thi s re que st the Appl i cant’s re pre sentati ve s are in discussi on wi th some abutte rs to the proj e ct and addi ti onal ti me is ne e de d to conti nue that process. I have attached an e x e cuted waiver f orm. Thank you for your atte nti on to thi s matter. Re gards, Mi ke Ford FORD & FORD ATTORNEYS AT LAW MICHAEL D. FORD, ESQ. 72 MAIN STREET, P.O. BOX 485 W EST HARW ICH, MA 02671 TEL. (508)430-1900 FAX (508)430-9979 EMAIL: m ike@fordandfordattorneys .com Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov Date & Time Received Town Clerk's Office TIME EXTENSION/WAIVER/CONTINUANCE FORM DATE 4-6-2023 PETITION # 23-08 APPLICANT _Ocean Edge Resort, LLC I hereby agree to extend the time limits for hearing decisions on the above petition required under M.G.L. Chapter 40A and Brewster code Chapter 179 by 90 days. I understand and agree that this waives my rights to claim a constructive grant based on the time 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: BRIAN HARRISON, CHAIR if7C/?°).-3 DATE Revised December - 2022 Continuance Form Page 1 of 1 ,01 tt1eN. 11 el -DER' T /i 4' iji>[�i1 Qom: • $ 1 RoR1 ens//670111111111110 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 # '276 -09 APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ ZBA APPEAL APPLICATION NAME OF APPLICANT Ocean Edge Resort,LLC REPRESENTATIVE John M. O'Reilly, P.E., P.L.S. PHONE NUMBER 508-896-6601 MAILING ADDRESS P.O. Box 1773, Brewster, MA 02631 E- MAIL ADDRESS joreilly@jmoreillyassoc.com PROPERTYADDRESS 2907 Main Street CURRENT PROPERTY OWNER(S) Ocean Edge Resort,LLC (OER) and Baypines Condominium Assoc. (BCA) REGISTRY OF DEEDS TITLE REFERENCE BOOK 32280 32280 (BCA) CERT. OF TITLE # LAND COURT # PLAN # Book 679, Page 81, Lot 6 and Book 649, Page 82, Lot 7 MAP # 90 ZONING DISTRICT RM PAGE 256 (BCA) OR LOT # 160 (OER) and 160-2381 (BCA) YEAR BUILT 1909 FLOOD PLAIN AE VE 1 STATEMENT OF PROJECT Refer to Project Narrative SIGNATURE OF OWNER OR AGENT FOR OWNER z. 2b 202-3 DATE NOTE: This petition is NOT COMPLETE until all information is provided. Accuracy of this information is the responsibility of the petitioner.( Initial ) N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 1 7/19/2018 12:02 PM MGL 40A, Section 6B, Brewster Zoning Bylaw 179-27, Article 8 DATA SHEET NOT APPLICABLE Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other STREET ADDRESS YEAR BUILT MAP# LOT# ZONING DISTRICT List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED FRONTAGE EXISTING REQUIRED LOT SIZE Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, Existing is the setback that currently exists on the ground Required is the applicable setback required currently in the Brewster zoning bylaw Proposed is the setback being requested LOT COVERAGE EXISTING % PROPOSED % ALLOWED % SIZE OF PARCEL sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE sq, ft. N:1Planning\ZONING BOARD of APPEALSIFORMS AND APPLICATIONSISpecial Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 2 7/19/2018 12:02 PM BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft. BUILDING HEIGHT: EXISTING PROPOSED SPECIAL PERMITS: in APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN G.L.C. 40A, #9, SECTION 179-51, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. SEE ATTACHED NARRATIVE ADDITIONAL COMMENTS: ❑ APPEAL IN ACCORDANCE WITH O.L.C. 40 A:8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. N:\Planning\ZONING BOARD of APPEALSIFORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 3 7/19/2018 12:02 PM ❑ VARIANCE: in accordance with MGL 40A§ 10 MGL 40A Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that; 1. Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and 2. A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and 3. That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. The Board must find that applications for a variance meet all three findings. N:IPlanning\ZONING BOARD of APPEALS\EORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 4 7/19/2018 12:02 PM Application#23-08 www.brewster-ma.gov Page 1 of 2 4/3/2023 DEPARTMENT REVIEWS Application #23-08 APPLICANT: Ocean Edge Resort LLC REPRESENTATIVE: MAP/LOT: Map 90, Lot 160 PROPERTY ADDRESS: 2907 Main Street Received from: Planning Dept. Comments received from Jon Idman  Various staff, including me, met with the applicant and its representatives for informal staff review several months ago. It was determined that the outdoor dining proposal does not require site plan review from the Planning Board because the proposal does not meet or exceed any of the site plan review thresholds under Section 179-64 of the zoning bylaw.  Further, it was determined that the proposal does not implicate or require modification to the existing special permit from the Planning Board, which authorizes certain special events on the front lawn.  We did advise the applicant that it should be mindful to coordinate the various front lawn activities to avoid potential conflicts. Health Dept. Comments received from Sherrie McCullough  In June of 2020, in accordance with Governor Bakers COVID-19 Order No. 35, the Town of Brewster, with approval from Building, Health, Police, Fire and Licensing, allowed Food Establishments to provide temporary outdoor seating and restaurant service in response to the Re-Opening Plan due to the Pandemic.  Ocean Edge Resort created an extension of their existing indoor food service to extend into food service on the front lawn of the Mansion.  To date, this operation has run very smoothly with no health code violations. Ocean Edge Resort has requested to come before the Brewster Board of Health on April 5, 2023, to request approval for the continued use of the existing outdoor food service venue associated with the front lawn operation. Town Administration Comments received from Donna Kalinick  Entertainment: - Current license is through June 30, 2023, licenses are attached. They are currently not licensed to have music on the lawn, related to outdoor dining.  Liquor Licenses: They hold multiple liquor licenses, for various parts of the property: • Linx Tavern- All Alcoholic Club License on-premises consist of the dining room, bar, attached deck/patio, two (2) waiting rooms, pool area, seven (7) entrances/exits, Fletcher Pool, 18- hole golf course and driving range, and the café in the fitness building. • Ocean Edge Inn & Conference Center- All Alcoholic Club License on-premises consists of multiple areas including: the mansion, the carriage house, guest wings, beach and adjacent areas, the pool area and tennis courts. EXCLUDES the main lobby and main entrance porch. • Ocean Edge Resorts- Wines & Malt Package Store License- not to be consumed on premises; premises includes 517sq. ft. lobby area and main entrance porch of the mansion building.  There is no mention of alcohol to be served on the front lawn in relation to outdoor dining on their licenses. They have been doing so under the expansion of patio service and takeaway/delivery of alcohol by on-premises licensees of pandemic provisions. If this is going to be a permitted and licensed use, they will have to amend their liquor license to include the lawn area where outdoor dining is taking place. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Application#23-08 www.brewster-ma.gov Page 2 of 2 4/3/2023 Police Dept. Comments received from Lt. Charles Mawn  The police dept has no comments to add at this time. Fire Dept. Comments received from Chief Moran  Fire lanes shall be kept clear of all vehicles to ensure FD access.  Ocean Edge shall submit all required permits for the storage of propane. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov RESTRICTIONS FOR WEEKDAY AND SUNDAY ENTERTAINMANE LICENSE OCEAN EDGE RESORT AND CONFERENCE CENTER 1.No music will allowed after 10:00 PM at the Bay Pines Pavilion, the terrace above the ballroom, the Mansion second floor terrace or the Carriage house terrace. 2.No amplified live music will be permitted at any time on the terrace above the ballroom, the Mansion second floor terrace or the Carriage house terrace. 3.No entertainment will be permitted after 10:00 PM on the Front Lawn. Tent sides must be rolled down when there is entertainment at any time. Office of: Select Board Town Administrator #23-09 Owner/Applicant: Janice Marinello 439 Paines Creek Road 24 School Street PO Box 186 West Dennis, MA 02670 t: 508.394.3090 IS S U E / R E V I S I O N S M a r i n e l l o R e s i d e n c e 43 9 P a i n e s C r e e k Br e w s t e r , M A Da t e : J a n u a r y 0 5 , 2 0 2 3 IS S U E / R E V I S I O N S #1 M J K 02 / 2 7 / 2 0 2 3 ZB A S U B M I T T A L COVER PAGE A1 439 PAINE'S CREEK BREWSTER, MA 02631 MARINELLO RESIDENCE LOCUS ABBREVIATIONS SHEET LIST A_________________________________ ACT ACOUSTIC CEILING TILE ADJ ADJUSTABLE AFF ABOVE FINISH FLOOR ALT ALTERNATIVE B_________________________________ B.O.BOTTOM OF C_________________________________ CLG CEILING CLST CLOSET CLR CLEAR CONC CONCRETE CT CERAMIC TILE D_________________________________ DET DETAIL DIA DIAMETER DWG DRAWING E_________________________________ ELEV ELEVATION EQ EQUAL EXIST EXISTING F_________________________________ FAB FABRIC WALLCOVERING FDN FOUNDATION FIN FINISH FLR FLOOR G_________________________________ GYP GYPSUM WALLBOARD H_________________________________ H HIGH HDR HEADER HDWR HARDWARE HGT HEIGHT I__________________________________ INCL INCLUDE M_________________________________ MAT MATERIAL MIN MINIMUM MOLD MOLDING MTD MOUNTED O_________________________________ OC ON CENTER P_________________________________ PLAS PLASTER PNL PANEL PTD PAINTED PR PAIR PT PRESURE TREATED R_________________________________ REF REFERENCE REQ'D REQUIRED S_________________________________ SH SHEET T_________________________________ T.O.TOP OF TYP TYPICAL U_________________________________ UNO UNLESS NOTED OTHERWISE V_________________________________ VIN VINYL W________________________________ WD WOOD W/WITH W/O WITHOUT Sheet List Sheet Number Sheet Name A1 COVER SHEET ■ A2 ELEVATIONS ■ A3 FLOOR PLANS ■ TW3856TW3856 TW34410TW34410 TW2856 A A B F F G* ** FRONT ELEVATION SCALE: 1/4" = 1'-0" 29 ' - 8 " + / - B E H* RIGHT SIDE ELEVATION SCALE: 1/4" = 1'-0" B B B B B D D TW3856 A* TW3856TW3856 A*A* B B B B B B E E D D I I** LEFT SIDE ELEVATION SCALE: 1/4" = 1'-0" B B B 7' - 6 " D D REAR ELEVATION SCALE: 1/4" = 1'-0" B B B B I I 24 School Street PO Box 186 West Dennis, MA 02670 t: 508.394.3090 IS S U E / R E V I S I O N S M a r i n e l l o R e s i d e n c e 43 9 P a i n e s C r e e k Br e w s t e r , M A Da t e : J a n u a r y 0 5 , 2 0 2 3 IS S U E / R E V I S I O N S #1 M J K 02 / 2 7 / 2 0 2 3 ZB A S U B M I T T A L Proposed Elevations A2 DW D W 36" REF. 51 ' - 6 " 72"x42" TABLE 3'- 0 " x 6 ' - 8 " 3'- 0 " x 6 ' - 8 " 2'- 6 " x 6 ' - 8 " 2'- 6 " x 6 ' - 8 " 2'- 6 " x 6 ' - 8 " 1'- 6 " x 6 ' - 8 " 1'- 6 " x 6 ' - 8 " DOWN 3' - 4 1 2" 22'-6"4'-6" FIRST FLOOR PLAN SCALE: 1/4" = 1'-0" 1346 SQFT 13 ' - 3 " 21'-6" 15 ' - 2 1 2" 8'-0" 3' - 6 " CABINETS A A4 B A4 C A4 KITCHEN LIVING ROOM DINING ROOM BEDROOM 1 W.I.C HALL WAY PA N T R Y UP 6'- 7 " 6' - 8 " 6' - 7 " 9' - 8 " 4'- 9 " 4' - 1 1 " 5' - 5 " 5'- 5 " 10 ' - 5 " 28 ' - 7 " 3' - 1 1 1 2" 24 ' - 5 " 19 ' - 1 0 " 2' - 1 1 " 1' - 8 " 18 ' - 0 " 1' - 1 0 " 8' - 2 " 3' - 1 0 " 4' - 4 " 18 ' - 5 " 5' - 1 1 2" 3' - 4 " 4' - 4 " 5' - 7 1 2" 10 ' - 0 " 3'- 6 " 6' - 6 " 3'-10"7'-5"7'-5"3'-10" A A B E D D B B B B B B ** BSD S/CO S/CO BAR 2'- 6 " x 6 ' - 8 " (P O C K E T ) 2'- 6 " x 6 ' - 8 " (P O C K E T ) 2'- 6 " x 6 ' - 8 " (P O C K E T ) BENCH SHOWER (3'-5"x4'-0") 54" VANITY 3'- 0 " x 6 ' - 8 " 2'- 6 " x 6 ' - 8 " B 3'- 2 " SUN ROOM 13'-6" 13 ' - 0 " A* A* A* SO A K I N G T U B (6 ' - 0 " x 3 ' - 0 " ) 2'- 6 " x 6 ' - 8 " SHOWER (5'-0"x3'-0") HALF WALL OPEN BELOW A A4 BEDROOM 2 BEDROOM 3 BATHROOM 2 BATHROOM 3 DOWN 22'-6" 13 ' - 5 1 2" A A4 B A4 6'- 7 " 10 ' - 3 3 4" 3' - 1 3 4" 9' - 4 1 2" 1'- 8 " 5'- 8 1 2" 5' - 3 " 16 ' - 1 1 " 5' - 6 1 4" 11 ' - 4 3 4" 8' - 2 " 3' - 1 0 " 4' - 4 " 28 ' - 5 " 5' - 0 " 7'-8"7'-2"7'-8" 15 ' - 5 " 8' - 0 " 4' - 0 " 4' - 0 " 5' - 3 " 15 ' - 5 " 8' - 0 " 4' - 0 " 4' - 0 " 2' - 0 " F F G E E I I H 36" VANITY 30 " V A N I T Y * ** * SECOND FLOOR PLAN SCALE: 1/4" = 1'-0" 598 SQFT SD SD ATTIC ACCESS 2'- 6 " x 6 ' - 8 " 2'-6 " x 6 ' - 8 " 2'- 6 " x 6 ' - 8 " 2'- 6 " x 6 ' - 8 " 1'- 6 " x 6 ' - 8 " 1'-6 " x 6 ' - 8 " SD S/CO FWG 8068 SH E L V E S FURNITURE *SEE PLANS FOR TEMPERED GLASS LOCATIONSX TOTAL 31 VERIFY QUANITIES AND SIZING BEFORE ORDER SIZE E C A TAG ROUGH OPENING W I N D O W S C H E D U L E AW31 3'-0 1/2" x 2'-4 7/8" F A61 TW34410 6'-0 3/8" x 2'-0 5/8" QUANITY 2 1 4 2 B TW3856 3'-10 1/8" x 5'-8 7/8" 11 D 3'-6 1/8" x 5'-0 7/8" 6 TW2846 2'-10 1/8" x 4'-8 7/8" G 1 AXW281 2'-8" x 2'-8" H 2 TW2856 2'-10 1/8" x 5'-8 7/8" AX61 6'-0 3/8" x 2'-8" I 2 A21 2'-0 5/8" x 2'-0 5/8" 24 School Street PO Box 186 West Dennis, MA 02670 t: 508.394.3090 IS S U E / R E V I S I O N S M a r i n e l l o R e s i d e n c e 43 9 P a i n e s C r e e k Br e w s t e r , M A Da t e : J a n u a r y 0 5 , 2 0 2 3 IS S U E / R E V I S I O N S #1 M J K 02 / 2 7 / 2 0 2 3 ZB A S U B M I T T A L PROPOSED FLOOR PLANS A3 FRONT ELEVATION 24 School Street PO Box 186 West Dennis, MA 02670 t: 508.394.3090 IS S U E / R E V I S I O N S M a r i n e l l o R e s i d e n c e 43 9 P a i n e s C r e e k Br e w s t e r , M A Da t e : J a n u a r y 0 5 , 2 0 2 3 IS S U E / R E V I S I O N S #1 M J K 02 / 2 7 / 2 0 2 3 ZB A S U B M I T T A L COVER PAGE A1 439 PAINE'S CREEK BREWSTER, MA 02631 MARINELLO RESIDENCE LOCUS ABBREVIATIONS SHEET LIST A_________________________________ ACT ACOUSTIC CEILING TILE ADJ ADJUSTABLE AFF ABOVE FINISH FLOOR ALT ALTERNATIVE B_________________________________ B.O.BOTTOM OF C_________________________________ CLG CEILING CLST CLOSET CLR CLEAR CONC CONCRETE CT CERAMIC TILE D_________________________________ DET DETAIL DIA DIAMETER DWG DRAWING E_________________________________ ELEV ELEVATION EQ EQUAL EXIST EXISTING F_________________________________ FAB FABRIC WALLCOVERING FDN FOUNDATION FIN FINISH FLR FLOOR G_________________________________ GYP GYPSUM WALLBOARD H_________________________________ H HIGH HDR HEADER HDWR HARDWARE HGT HEIGHT I__________________________________ INCL INCLUDE M_________________________________ MAT MATERIAL MIN MINIMUM MOLD MOLDING MTD MOUNTED O_________________________________ OC ON CENTER P_________________________________ PLAS PLASTER PNL PANEL PTD PAINTED PR PAIR PT PRESURE TREATED R_________________________________ REF REFERENCE REQ'D REQUIRED S_________________________________ SH SHEET T_________________________________ T.O.TOP OF TYP TYPICAL U_________________________________ UNO UNLESS NOTED OTHERWISE V_________________________________ VIN VINYL W________________________________ WD WOOD W/WITH W/O WITHOUT Sheet List Sheet Number Sheet Name A1 COVER SHEET ■ A2 ELEVATIONS ■ A3 FLOOR PLANS ■ FRONT ELEVATION SCALE: 1/4" = 1'-0" (STREET SIDE) 20 ' - 9 " + / - RIGHT SIDE ELEVATION SCALE: 1/4" = 1'-0" REAR ELEVATION SCALE: 1/4" = 1'-0" (POOL SIDE) LEFT SIDE ELEVATION SCALE: 1/4" = 1'-0" 24 School Street PO Box 186 West Dennis, MA 02670 t: 508.394.3090 IS S U E / R E V I S I O N S M a r i n e l l o R e s i d e n c e 43 9 P a i n e s C r e e k Br e w s t e r , M A Da t e : J a n u a r y 0 5 , 2 0 2 3 IS S U E / R E V I S I O N S #1 M J K 02 / 2 7 / 2 0 2 3 ZB A S U B M I T T A L Proposed Elevations A2 (2 ) 3 ' - 0 " x 6 ' - 8 " 2'- 6 " x 6 ' - 8 " 3'- 0 " x 6 ' - 8 " W D 3'- 0 " x 6 ' - 8 " 3'-0 " x 6 ' - 8 " 2'- 8 " x 6 ' - 8 " 3'-0 " x 6 ' - 8 " 11 ' - 6 " 12 ' - 6 " 10 ' - 0 " 11 ' - 0 " 13 ' - 0 " 10 ' - 0 1 2" 26'-0"5'-0"5'-0" 8'-3"8'-3"19'-6" GARAGE 35'-0" 16'-8" POOL CABANA 18'-6" 9'-8" FIRST FLOOR PLAN SCALE: 1/4" = 1'-0" FINISHED AREA = 216 SQ FT TOTAL = 723 SQ FTTOTAL = 723 SQ FT FWG 6068 36 " R E F . qu e e n SHOWER (4'-1"x3'-0") 2'- 6 " x 6 ' - 8 " BUILT IN BENCH 2'- 6 " x 6 ' - 8 " ROOF DEC 19'-6" 10'-6" ITCHEN 12'-4" 8'-0"LIVING AREA 10'-7" 11'-6" BEDROO 13'-3" 10'-2" BATHROO 7'-7" 10'-2" 18'-0"4'-0"4'-0" 3' - 8 " 13 ' - 4 " 7' - 0 " 8'- 6 " 14 ' - 6 " 1'-0"1'-0"24'-0" 19'-6" SECOND FLOOR PLAN SCALE: 1/4" = 1'-0" FINISHED AREA = 507 SQ FT TOTAL = 723 SQ FT 24 School Street PO Box 186 West Dennis, MA 02670 t: 508.394.3090 IS S U E / R E V I S I O N S M a r i n e l l o R e s i d e n c e 43 9 P a i n e s C r e e k Br e w s t e r , M A Da t e : J a n u a r y 0 5 , 2 0 2 3 IS S U E / R E V I S I O N S #1 M J K 02 / 2 7 / 2 0 2 3 ZB A S U B M I T T A L PROPOSED FLOOR PLANS A3 Application#23-09 www.brewster-ma.gov Page 1 of 1 4/3/2023 DEPARTMENT REVIEWS Application #23-09 APPLICANT: Janice Marinello REPRESENTATIVE: MAP/LOT: Map 38, Lot 1 PROPERTY ADDRESS: 439 Paines Creek Road Received from: Police Dept. Comments received from Lt. Charles Mawn The police dept has no comments to add at this time. Health Dept. Comments received from Sherrie McCullough The Health Department file indicates an existing 1991 Title 5 compliant septic system with a total daily flow of 495 gallons per day (gpd), servicing an existing three-bedroom dwelling. The existing dwelling is located on a 23,943 Sf lot and is serviced by town water. The lot does not lie within the Zone of Contribution, (Zone II) or the District of Critical Planning Concern (DCPC) and is not deemed an Environmentally Sensitive Area (ESA) therefor there are no current restrictions for increased flow. Full review of the proposal will be required by the Health Department prior to final approval. Water Dept. Comments received from Paul Anderson  The applicant would need to contact us and request a cut and cap, so the service is turned off and cut outside the work zone. The meter will be removed and reinstalled once the new service is installed. There are fees associated that Sherry could explain when they contact us. I’ve cc’d both Sherry and Alex in case they have comments. Fire Dept. Comments received from Chief Moran  Paine’s Creek Road shall remain open to traffic during all facets of the proposed project.  FD requests discussion with owner on potential use of the dwelling being razed for training purposes. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov