HomeMy Public PortalAboutZBA Hearing Packet 06/13/2023Fiilil•lililgllpl7 `�"\�`\`\`\
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
June 13, 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.
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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 Govemment TV Channel 18), Livestream (livestream.brewster-ma. iov), or Video
recording (i - ter
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1. Ca11 to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement
5. Approval of Meeting Minutes
6. Applications:
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. The
applicant seeks a special permit for a Bed & Breakfast use in an existing accessory building.
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 #23-12 Owner/Applicant: Lea Anne Copenhefer, (represented by Walter Jacob
Architects, LTD.) 8 Shepherds Quay, Map 74, Lot 78, in the RR zoning district. The
applicant seeks a Special Permit under Section 179-25B to build a second story balcony on a
single-family dwelling within a pre-existing non -conforming side yard setback.
7. Reorganization of ZBA
8. Matters Not Reasonably Anticipated by the Chair
9. Next Meeting: July 11, 2023
10. Adjournment
Date Posted:
5-17-2023
Date Revised: Received by Town Clerk:
Page 1 of 4
TOWN OF BREWSTER ZONING BOARD OF APPEALS
MEETING MINUTES
Town Hall Room B
Tuesday, May 9, 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 Marian Rose, Peter Lomenzo, and Kelly Barton (representing ZBA #22-15), Attorney Michael Ford
(representing ZBA #23-08), Attorney Peter Freeman, Judi Barrett (virtual), Vida Shklovsky, POAH (virtual), Dave Quinn,
HAC, Paul Attemann, Union Studio (virtual), Joe Henderson and Brain Kuchar, Horsley Witten Group (virtual), Jefferey
Dirk, Vanasse and Associates, Alanna Jaworski, (representing ZBA #23-04), John Ferris (representing ZBA # 23-10), Jamie
McGrath, Pine Harbor Wood Products (representing ZBA # 23-11), Donna Kalinick, (Assistant Town Manager), Jon Idman
(Town Planner), Jill Scalise, (Housing Coordinator), and Davis Walters (Building Commissioner)
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 March 14th 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 April 11th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were
unanimously approved.
The Chair informed the Board that he would be taking cases out of order and started with ZBA case #23-08.
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, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz.
Attorney Marian Rose addressed the Board. She provided background information on the case requesting a
special permit to change the use to a Bed and Breakfast for the accessory structure on the property referred to
as “the barn” currently used as storage. She provided additional information on the property, outlining the
setbacks. She indicated that “the barn” is considered an accessory dwelling with a setback of approximately
23ft. and is conforming. She outlined the steps taken to reach the final point of presenting to the ZBA. Attorney
Rose explained the layout of the property and informed the Board that most of the property is undeveloped.
She discussed the improvements to the property and the interior of the barn. She indicated that the proposed
plan is for a 3-unit Bed and Breakfast (B&B) with a pool and pool house structure on the property. On the main
floor there will be a group sitting area and a kitchen where breakfast will be prepared for the guests, which is a
requirement for a B&B. The kitchen will not be accessible to guests or rented separately. Attorney Rose
indicated that the property was recently bought by her clients and prior to this the previous owners did not
properly permit the barn referring to letters from an abutter. She indicated although the barn was not properly
permitted it has been there well over 10 years and is considered grandfathered. She read the uses informing
the Board the B&B use is not a separate principle use and is dependent on a primary use, the resident is a full-
time owner and willing to make breakfast. She stated that she believes the size of the barn isn’t relevant to
whether or not it is a primary or accessory use. The B&B is dependent on the primary residential use. If the B&B
Page 2 of 4
is running at full capacity, there will only be a total of 6 guests. She indicated reuse of the barn as the B&B will
not be detrimental to the neighborhood. She outlined the plans for landscaping and lighting and informed the
Board that the Planning Board voted unanimously in favor of the proposed project. After reviewing the project,
Attorney Rose requested the Board approve the use change to a B&B as proposed. The Chair asked if this was
considered a primary residence and would a new nonconformity be created. Attorney Rose suggested that it
would not be because the B&B is dependent on the single-family dwelling, which is the primary residence that is
currently on the property. Trish asked if an accessory structure was an ADU (accessory dwelling unit). Jon
Idman, Town Planner requested to speak and confirmed that an ADU is an accessory use and an accessory
structure. Attorney Rose read the definition in the bylaw of a building accessory residential structure. She
referred to the term guest house in the definition. The Board discussed an ADU, B&B, guesthouse, and primary
residential use.
Pat made a motion to open to public input, Trish seconded the motion, a vote was taken, and the Board
unanimously voted to open to public input. Mr. Foscaldi, 87 A.P. Newcomb Road addressed the Board
expressing his concern that a B&B, which is a commercial business, will be in a residential zone. He stated that
the building is for a principle use for a B&B and if the B&B is taken away there is no principle use. He discussed
the plans of the previous owner and his concerns with the proximity of the structure to his property. He stated
according to the assessor’s office the building was assessed as an accessory building or storage garage. After the
property was sold to the applicant, the building was reassessed as a dwelling. He stated that currently there is
no violation until the use is changed, suggested it become a principle structure. This would prevent any
additional single-family dwelling to be built on the property in the future. He proposed to settle the possible
setback issue for a principle dwelling he is willing to negotiate with the applicant to provide two feet of his
property for a proper setback. Attorney Rose stated this is not a principle use or structure because it is
contingent upon having a single-family dwelling which is part of the definition. Jon Idman, Town Planner spoke
suggesting ensuring additional dwellings are not constructed on the property conditions can be imposed in the
decision. Jillian Douglas joining virtually provided her personal perspective that a B&B is a commercial activity.
Attorney Rose confirmed that B&Bs have been approved in the RM zoning district, the Board agreed it is an
allowed use. Jon Idman also confirmed commercial businesses are allowed in the RM zoning district. He stated
he reviewed the files with the Building Commissioner in depth and there were subsequent building permits for
the barn that legitimized the current structure. The Chair informed Mr. Foscaldi it is a building issue and not in
front of the ZBA. Jon Idman suggested Mr. Foscaldi come to the Town Hall to review the files. The Board
reviewed the plans and photos of the property. Mr. Lomenzo clarified the areas on the plot plan that was
included in the hearing packet.
A motion was made by Pat to close to public input, seconded by Trish, a unanimous vote was made and the
Board closed to public input. The Board discussed the request for a special permit to change the use to a B&B.
Bruce questioned the proposed kitchen on the plan. Attorney Rose confirmed the kitchen will only be for
preparing the breakfast meal and will not be accessible to the guests. The Chair stated that the issue is not two
kitchens it is how the kitchens will be used.
Pat made a motion to grant the special permit for ZBA case# 22-15 for the reasons stated in the application with
the condition that there will be no other dwelling units on the property, Attorney Rose asked for point of order
and requested the Board poll prior to a formal vote. Bruce would oppose, Pat would support, Jeff would
support, Trish would abstain, and Brian would support. Attorney Rose requested to continue ZBA case #22-15
until the June 13th hearing, Brian made a motion to continue, Pat seconded the motion and the Board voted
unanimously to continue ZBA case #22-15 until June 13th.
ZBA case #23-08 Owner/Applicant: Ocean Edge Resort LLC, 2907 Main Street, Map 90, Lot 160.
Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz.
Attorney Michael Ford addressed the Board requesting his client withdraw without prejudice. His client will
operate under the State regulations and continue to work with abutters and possibly return to the Board at a
later date. Pat made a motion to grant the request withdraw without prejudice, Bruce seconded the motion, a
vote was taken, and the Board voted unanimously to grant the request for ZBA case#23-08 to withdraw without
prejudice.
Page 3 of 4
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, Bruce MacGregor, Pat Eggers, and Trish Metz.
Attorney Peter Freeman, representing the applicant, Joe Henderson and David Quinn joining him addressed the
Board outlining the final changes made from discussions at the last hearing and abutter’s input. He referred to
the summary of changes submitted with the hearing materials indicating an updated waiver was also submitted.
Stepping through the changes in the landscape, Dave Quinn proposed additional plantings on the North side
close to Building 3. Using a shared screen they outlined the changes to the site plans, addressing abutters
concerns and highlighting additional screening in the landscape plan.
Attorney Freeman informed the Board in the draft decision he changed the condition, originally drafted by the
consultant, Judi Barrett, on affordability income mix due to the changes in requirements to the tax credit
program and the regulatory agreement that goes with it. This is aligned with Brewster Woods. Judi Barrett
asked the Board if they have all the information, they need to address the decision, and if not please let the
applicant know what is still outstanding. Attorney Freeman stated he believes the Board has all the information
necessary to make a decision and suggested the Board agree to close the hearing and if the Board decides it
needs more time at the next hearing they will extend. Pat commented that she believes the Board has all the
information required and provided her support for the project. The Board discussed if there was any additional
information required before closing the hearing. Jon Idman, Town Planner informed the Board they can close
the hearing and leave the record open for a specific purpose, for example, a complete and final waiver list.
Attorney Freeman agreed. Pat made a motion to open to public input, Bruce seconded the motion, a vote was
taken, and the Board unanimously voted to open to public input. Aileen Linder, 34 Howland Circle, addressed
the Board referring to the Howland Homeowner’s Associations (HOA) I &II petitions that were submitted to the
Board. Speaking for both HOAs, she stated that the proposed buffer between the properties was not sufficient.
She highlighted the terms of the petition requesting the applicant provide a security fence, additional
landscaping and keeping the height of the buildings as low as possible. Glenn Casey, 288 Fletcher Lane
addressed the Board revisiting his previous concerns regarding an impact study for wildlife, additional
landscaping, a security fence and the financials. Diane Bedard, 11 Howland Circle, addressed the Board
reiterating the previous neighbor’s concerns and expressing her concerns for privacy, noise and light pollution.
Amanda Bebrin, 560 Millstone Road, expressed her enthusiastic support for a much-needed project. She
highlighted the positive points of the project and requested the Board move the project forward. There being
no more public input, Pat made a motion to close to public input, Bruce seconded the motion, the Board
unanimously voted to close to public input.
Pat made motion to close the hearing for ZBA case #23-04, but leave the record open for updated waivers, Trish
seconded the motion, a vote was taken, and the Board unanimously voted to close the hearing for ZBA case #23-
04, leaving the record open for updated waivers.
New Applications:
ZBA Case #23-10 Owner/Applicant: John W. Ferris, 138 Fiddlers Lane, Map 48, Lot 38.
Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz.
John Ferris, applicant addressed the Board providing background on the proposed project. He outlined the
changes to the current footprint and asked the Board to consider his request for a special permit for the
proposed additions and a variance for a proposed deck addition. Jeff asked how the deck would be built and
Mr. Ferris indicated the deck would be made of composite material, and accessible to the kitchen. The front of
the house porch and deck will be larger and used for congregating and not interfere with the setback. Brian
asked Mr. Ferris if his lot contained any conservancy soils, Mr. Ferris stated according to his records he is
unaware of any conservancy soils on his lot. Brian asked what is allowed as a matter of right for a setback for a
stoop. Jon Idman responded that with a stoop or a step you can intrude into half the required setback. He
agreed with the Building Commissioner’s determination that the proposed plan is more of a deck and not a
stoop. A step or stoop’s principle use is to provide access to the entry door. Jeff asked if the rear could be
constructed with a stoop and a patio to put a grill on rather than building a deck. The Board discussed the
options of a larger stoop or a deck. Brian asked the applicant if he fully understood the requirements for a
Page 4 of 4
variance. Mr. Ferris stated he believes this is a hardship. Brian suggested the Board vote on the request for a
special permit and treat the request for variance separately allowing Mr. Ferris to have time to research the
criteria for a variance.
Pat made a motion to open to public input, Bruce seconded the motion, a vote was taken, and the Board
unanimously approved to open to public input. Pete Mayer, 142 Fiddler’s Lane an abutter expressed support for
the proposed plan. Paula Fleming, 113 Fiddler’s Lane, expressed her full support for the proposed plan. There
being no more public input, Pat made a motion to close to public input, Trish seconded the motion, a unanimous
vote was taken. Pat made a motion to grant the special permit, Trish seconded the motion, the Board
unanimously voted to grant a special permit for ZBA case #23-10. Mr. Ferris requested to withdraw the without
prejudice the request for a variance for ZBA case #23-10. Brian made a motion to grant the request to withdraw
without prejudice, Pat seconded the motion, the Board voted unanimously to grant the request to withdraw
without prejudice.
ZBA Case #23-11 Owner/Applicant: Michael Russillo (represented by Pine Harbor Wood Products), 8 Leeds
Lane, Map 50, Lot 91, in the RM zoning district.
Members present and voting: Brian Harrison, Bruce MacGregor, Jeff Carter, Pat Eggers, and Trish Metz.
Jamie McGrath, Pine Harbor Wood Products represented the applicant. He provided the background of the
proposed project to the Board. He indicated that the date of the current structure is unknown, however the
house and lot was created in 1940, well before the zoning bylaws. He referred the Board to the pictures of the
existing structure that were included in the hearing packet. He informed the Board that the current structure is
in disrepair, and they are requesting it be removed and replaced. The new structure will be 8ft. 10in x 18ft. He
indicated there is no adverse effect to the neighborhood. Pat made a motion to open to public input, Trish
seconded the motion, a vote was taken, and the Board unanimously approved to open to public input. There
being no public input, Pat made a motion to close to public input, Trish seconded the motion, a vote was taken,
and the Board unanimously voted to close to public input. There being no more discussion by the Board, Trish
made a motion to grant a special permit for ZBA case #23-11, Pat seconded the motion, a vote was taken, and
the Board unanimously granted a special permit for ZBA case #23-11.
Matters Not Reasonably Anticipated by the Chair:
none
The next meeting of the Brewster Zoning Board of Appeals is scheduled for June 13th, 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. The hearing adjourned at 9:28 pm.
#22-15 Applicant:
Remington’s Trust;
Peter T. Lomenzo
&
Kerry Barton, Trustees
Represented by:
Attorney Marian S. Rose
61-63 AP Newcomb Road
CONTINUANCE/ZBA
8/11/2016 2:51 PM
WAIVER/ CONTINUANCE
TO: ZONING BOARD OF APPEALS
RE: PETITION NUMBER
NAME OF APPLICANT _____
MEETING DATE:
I HEREBY REQUEST THE ZONING BOARD OF APPEALS TO CONTINUE THE HEARING
OF THE ABOVE PETITION UNTIL THE NEXT REGULARLY SCHEDULED HEARING ON
AND AGREE TO AN EXTENSION OF THE DEADLINES FOR
ZONING BOARD OF APPEALS ADMINISTRATIVE ACTION. I UNDERSTAND THIS
WAIVES MY RIGHTS UNDER THE STATUTORY TIME PERIODS AND THE
CONSTRUCTIVE GRANT SECTIONS OF THE M.G.L. CHAPTER 40A.
APPLICANT/AUTHORIZED AGENT
CHAIRMAN, ZONING BOARD OF APPEALS
Town of Brewster
Zoning Board of Appeals
2198 Main Street
Brewster, MA 02631
(508) 896-3701 X1168
FAX (508) 896-8089
Time and Date Stamped
By Town Clerk
#23-04 Applicants: Preservation
of Affordable Housing, Inc. &
Housing Assistance Corporation
Represented by:
Attorney Peter Freeman
0 Millstone Road
DRAFT FOR LOCAL REVIEW
DECISION
BREWSTER ZONING BOARD OF APPEALS
Millstone Road Comprehensive Permit Application
Decision Number: 23-04
Date Application Filed: December 22, 2022
Applicant: Preservation of Affordable Housing, Inc./Housing Assistance
Corporation
Premises Affected: 0 Millstone Road, Assessor’s Map 98 Lot 12
Relief Requested: Comprehensive Permit, G.L. c. 40B, §§ 20-23
Public Notice: January 20, 27, 2023
Public Hearing(s) held: February 7, 2023; March 14, 2023; April 11, 2023; May 9, 2023
Decision of the Board: Approved with Conditions
Members participating: Brian Harrison (Chair), Jeff Carter (Vice Chair), Patricia Eggers,
Bruce MacGregor and Trish Metz
Date of Decision: _______________________, _____ 2023
Millstone Road
Decision No. 23-04
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DECISION
BREWSTER ZONING BOARD OF APPEALS
Millstone Road Comprehensive Permit Application
I. FINDINGS
The Zoning Board of Appeals hereby finds as follows:
Procedural History
1. On December 22, 2023, Preservation of Affordable Housing, Inc. and Housing
Assistance Corp. (“Applicant”) submitted a Comprehensive Permit application to
construct 45 rental units (“Project”) in eleven buildings on approximately 16.6 acres of
land at 0 Millstone Road in Brewster (Tax Assessor’s Map 98 Lot 12) (“Site”). Thirty-
five units will be affordable for households with incomes at or below 60 percent of Area
Median Income (AMI), and ten units will be affordable for households with incomes at or
below 80 percent AMI. Upon receipt of the application, Brewster Planning Department
staff distributed copies of the application to Local Boards and town departments for
review and comment.
2. The Zoning Board of Appeals (“Board”) opened and held a duly-noticed public hearing
on February 7, 2023, and continued the hearing to March 14, 2023; April 11, 2023; and
May 9, 2023. The Applicant consented in writing to extend the opening of the hearing.
The Board closed the public hearing on May 9, 2023. The Board reviewed a draft written
decision and deliberated on the Project at its duly-noticed public meeting on June 13,
2023, and voted to grant the Comprehensive Permit with Conditions .
3. At its hearing on February 7, 2023, the Board received presentations from the Applicant’s
development team. Attorney Peter Freeman provided an overview of the Project and the
basic requirements of G.L. c. 40B, §§ 20-23 (“Chapter 40B”) for the Board. He described
the proposed development as a “friendly 40B” because the project is on land owned by
the Town of Brewster and which will be ground-leased to the Applicant as a result of a
Request for Proposals (RFP) process involving the Brewster Affordable Housing Trust
and Select Board. After designating the Applicant as the developer of the Site, the Select
Board supported a Low-Income Housing Tax Credits (LIHTC) Project Eligibility
Application to the Department of Housing and Community Development (DHCD) by
letter dated August 10, 2022, and on August 17, 2022, DHCD issued a Project Eligibility
Letter to the Applicant. The Applicant’s design team, including Joseph Henderson, P.E.,
from Horsley Witten Group, and Paul Attemann, AIA, from Union Studio Architecture
and Community Design., presented information about the building plans, site design,
stormwater, wastewater disposal, wetlands, traffic, and other information within the
Board’s purview under Chapter 40B.
4. When the hearing continued on March 14, 2023, the Applicant’s traffic consultant,
Jeffrey Dirk, P.E., of Vanasse & Associates, Inc., presented the Traffic Impact
Assessment (TIA) for the project.
Millstone Road
Decision No. 23-04
- 3 -
5. To evaluate the plans, documents, and testimony submitted by the Applicant’s
development team, the Board sought technical assistance and comments from Town staff
and other boards and commissions. The Board received comments and recommendations
from the DPW Director, Planning Board and Planning Department, Housing Coordinator,
Health Department, Assistant Town Manager, Fire Department, and Cape Cod
Commission.
6. Abutters presented several questions and comments to the Board during the course of the
public hearing. Their concerns covered the following topics:
(a) Whether the Project would disturb wildlife habitat;
(b) Adequacy of the proposed parking;
(c) Buffering and fencing as related to claimed visual, noise and privacy impacts;
(d) Traffic impact on Millstone Road;
(e) Building height;
(f) Project cost; and
(g) Whether Brewster needs more affordable housing.
7. The Board also questioned several aspects of the Project during the public hearing,
specifically:
(a) Adequacy of the proposed parking;
(b) The affordability levels and income ranges to be served by the Project;
(c) Whether a financial impact analysis should be conducted; and
(d) Whether portions of the Site not currently proposed for development could be
proposed for additional development in the future.
8. To respond to these questions and comments, the Applicant provided the following:
(a) The Site is not within a state-designated Priority Habitat Area, as noted both by the
Applicant’s engineering consultant and the report from the Cape Cod Commission;
(b) The proposed number of parking spaces was increased by the Applicant during the
course of the hearing, and the plans were revised to show the additional parking,
larger parking spaces, and to allow for reserve parking;
(c) Fencing and additional landscaping was provided where needed and as appropriate,
and the plans were revised accordingly;
(d) The addition of vehicular traffic on Millstone Road will be a de minimis impact on
existing traffic volumes, as reported in the TIA, and safe sight lines for the Project’s
access drive would be provided with the necessary clearing within the Millstone Road
layout.
9. The Assistant Town Manager, the Town’s Housing Coordinator, Town Planner, and
Brewster Housing Partnership provided other comments as well:
(a) The size of the proposed Project represents what is authorized under the Town’s land
Disposition Agreement with the Applicant, and any additional development would
violate the terms of that agreement;
(b) Seventy-two percent of the Site will remain undeveloped open space;
Millstone Road
Decision No. 23-04
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(c) Affordable housing lottery information from the past two Chapter 40B developments
in Brewster indicate there is a continuing regional need for affordable housing. For
Brewster Woods and Serenity, 81 percent of the qualified applicants were residents of
Cape Cod communities, including Brewster.
10. Sitting for the Board and present for the public hearing process were Brian Harrison,
Chair, Bruce MacGregor, Pat Eggers, Jeff Carter, and Trish Metz. The first hearing
session was held virtually; all subsequent public hearing and meeting sessions were held
in person. Mr. MacGregor missed the first hearing session but subsequently reviewed all
evidence from that missed session. Mr. MacGregor’s affidavit certifying to the same,
pursuant to MGL Ch 39, Section 23D, has been accepted into the hearing record.
11. All documents received in connection with this application and the public hearing process
are on file with the Brewster Board of Appeals.
Governing Law
12. The law governing this application is the Comprehensive Permit Law, Massachusetts
General Laws, Chapter 40B, §§ 20-23 (the “Act”), and the regulations promulgated by
the Massachusetts Department of Housing and Community Development (“DHCD”), 760
CMR 56.00 et seq. (the “Regulations”).
13. The Act promotes regional distribution of low- or moderate-income housing by
preventing individual cities and towns from using exclusionary zoning to block
construction of such housing. Toward these ends, the purposes of the Act are satisfied if:
(a) a town has low or moderate income housing in excess of 10 percent of the total
number of year-round housing units reported in the latest decennial census or (b) which is
on sites comprising 1.5 percent or more of the town’s total land area zoned for
residential, commercial, or industrial use, or (c) if the application results in the
commencement of low and moderate income housing construction on sites comprising
more than 0.3 percent of such total area or 10 acres, whichever is larger, in one year.
14. DHCD’s Regulations expand the definition of what constitutes satisfaction of the statute
to include such methods as “recent progress” toward the statutory minima or compliance
with a DHCD-approved Housing Production Plan (HPP), all as described in 760 CMR
56.03(1). The Town of Brewster has an approved HPP, and as of the date of the
Application, the Town’s HPP was certified for one year (expiring on May 15, 2023).
Accordingly, the Board issued a Reservation of Rights letter to the Applicant within 15
days of opening the public hearing. Nevertheless, the Board (and Applicant) proceeded
with the public hearing process. DHCD acknowledged receipt of a copy of said letter in
writing.
15. The Board’s decision on a comprehensive permit must balance the regional need for low-
or moderate-income housing against the Town’s long-range planning goals, local
requirements and regulations to the extent that they are applied equally to subsidized and
unsubsidized housing, and valid concerns about the health and safety of residents of the
Millstone Road
Decision No. 23-04
- 5 -
proposed housing, the surrounding neighborhood, or the Town as a whole. A board of
appeals may approve a project subject to reasonable conditions to mitigate its impacts.
16. At present, the Town of Brewster does not meet the statutory minima set forth in G.L. c.
40B § 20 or 760 CMR 56.03(3).
Jurisdictional Findings
17. The Applicant meets the jurisdictional requirements under Chapter 40B. The Subsidizing
Agency for the Project is DHCD. The Applicant has demonstrated its eligibility to
submit an application for a Comprehensive Permit to the Board, and the development
fulfills the minimum project eligibility requirements set forth in 760 CMR 56.04(1).
Specifically:
(a) Applicant’s Status. The Applicant is a partnership of Preservation of Affordable
Housing, Inc. (POAH, Inc.”) and Housing Assistance Corp. (“HAC”), both of which
are non-profit organizations, and the partnership agrees and intends to enter into a
Regulatory Agreement with DHCD under the Federal Low Income Housing Tax
Credit (“LIHTC”) Program (the “LIHTC Regulatory Agreement”). Therefore, as
found by DHCD in the Project Eligibility Letter described below, the Applicant is an
eligible Applicant pursuant to 760 CMR 56.04(1)(a).
(b) Fundable Project. The Applicant has submitted a Project Eligibility Letter from
DHCD dated August 17, 2022, which confirms the project’s eligibility for receiving a
governmental subsidy under the LIHTC Program and the suitability of the site.
Therefore, the Applicant fulfills the requirement of 760 CMR 56.04(1)(b), which
states: “The project shall be fundable under a subsidizing agency under a low- and
moderate-income subsidy program.”
(c) Site Control by Applicant. Housing Assistance Corporation and Preservation of
Affordable Housing LLC, an affiliate of Preservation of Affordable Housing, Inc.,
have entered into a Land Disposition Agreement dated 8/25/22 with the Town of
Brewster and Brewster Affordable Housing Trust to develop the Site. Therefore, the
Applicant controls the site as required by 760 CMR 56.04(1)(c).
Findings of Fact
18. The Site is in the Residential Low Density (R-L) Zoning District with lot frontage on and
direct access from Millstone Road. The Site meets the zoning bylaw’s minimum lot
width and frontage requirements.
19. The Project consists of 45 rental units with a mix of one-, two-, and three-bedroom units
(80 total bedrooms) in ten multifamily residential buildings, a community building with
laundry facilities and other amenities, and supporting infrastructure such as driveways,
parking, and wastewater and stormwater facilities, depicted and described in the
application materials, as revised and supplemented (“Project”).
20. The Project will provide 45 units of affordable housing, consistent with needs identified
in the Town of Brewster Housing Production Plan, which was approved by the Brewster
Select Board and Planning Board in July 2022.
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21. The Site is owned by the Town of Brewster, previously acquired and designated for
community housing purposes by Brewster Town Meeting, and the Town administration
together with the Affordable Housing Trust and the Town’s Housing Coordinator, and
other Town departments, spent considerable time developing a Request for Proposals
(RFP) which called for the type of development that the Applicant is proposing. The
Town received and used an MHP Technical Assistance grant to help develop the RFP. A
robust, professionally facilitated community engagement process preceded drafting of the
RFP. The Town had prepared a Watershed Study and Due Diligence Report by Bohler
Engineering to assess and inform future development of the Site pursuant to the RFP.
22. In response to the RFP, the Applicant submitted a proposal and the Town selected the
Applicant to develop the site for affordable housing consistent with the RFP.
23. The Applicant is proceeding under a Land Disposition Agreement (LDA) with the Town.
The Project as described in the application, including as revised and supplemented, is
consistent with the material terms of the LDA.
24. Consistent with the terms of the RFP, the Applicant intentionally clustered the proposed
buildings and infrastructure on approximately 4.7 acres of the 16.6 acres of the Site in
order to preserve as much undisturbed area as possible.
25. The Site is not in an Area of Critical Environmental Concern nor is it in or does it include
any other environmentally sensitive areas, including without limitation a water recharge
area/ Zone II, special flood hazard zone, wetlands or wetland buffer zones, and it is not
upgradient of a nitrogen sensitive tidal embayment and not upgradient of any freshwater
ponds.
26. The Site has no Priority Habitat Area designated by the Natural Heritage and Endangered
Species Program on the Site and is not subject to any regional or state filings or
determinations with respect to habitat protection.
27. The Applicant had prepared by its consultant Horsley Witten and submitted with its
application an Existing Conditions Report/ Natural Resource Analysis, a Stormwater
Analysis and Drainage Report, and a Phase 1 Environmental Site Assessment, all dated
December 2022. The Town has a Stormwater Management Bylaw and corresponding
regulations; the Applicant’s Stormwater Analysis and Drainage Report complies with
said bylaw and regulations, without Waiver.
28. The Site is not located in an historic district, though Millstone Road is a locally
designated Scenic Road. Millstone Road is a public (town) way.
29. The Project is not located in the “District of Critical Planning Concern” Groundwater
Overlay District of the Zoning Bylaw, and thus no Water Quality Certificate or review by
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Decision No. 23-04
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the Water Quality Review Committee is required for the Project, and no Waiver is
required relative thereto.
30. The Project completed formal staff review (Brewster Code Ch. 83) prior to filing the
comprehensive permit application. The Town Planner issued a staff review report to the
Applicant, a copy of which was provided to the Zoning Board of Appeals for the hearing
record.
31. The Project is subject to the Scenic Roads Act and Shade Tree Act, and the approval of
this Comprehensive Permit includes approval of tree clearing within the Millstone Road
layout as shown on the Applicant’s plans.
32. The Applicant has communicated with the Cape Cod Regional Transit Authority
(CCRTA) about on-call, off-route service that will be available to the Project, and the
potential for a future fixed route stop at the Site.
33. The Town of Brewster Planning Board heard a presentation from the Applicant at its
January 25, 2023 meeting, and 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” (citation from Planning Board
Memorandum to the Board dated January 30, 2023).
34. There is an acute rental housing shortage in the Town of Brewster and the Cape Cod
region.
35. The Applicant has complied with all rules and regulations of the Board of Appeals as
they pertain to the application for a Comprehensive Permit, except as waived in this
decision.
36. The Applicant requested certain Waivers from the Town’s applicable requirements,
bylaws and regulations in the application, and revised and supplemented its request
throughout the hearing process. A list of said Waivers and Board’s corresponding
Findings about the Waivers is attached hereto as Exhibit B.
37. No fee waivers are granted hereunder. Should the Applicant desire to pursue fee waivers
related to building permits, disposal works construction permits or municipal water
service, it shall pursue the same with the Select Board, Board of Health and Water
Commission, respectively. The Select Board has adopted a Fee Waiver Policy, revised
12/21/20, which specifically exempts Town-sponsored projects including affordable
housing development from certain applicable permit and license fees.
38. The Select Board will consider and it is anticipated that the Select Board will pursue
approval of “local preference” for initial lease-up of the Project from DHCD, potentially
up to a maximum 70% permitted under DHCD guidelines. The Select Board will be
required to provide evidence satisfactory to the Subsidizing Agency of the need for the
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Decision No. 23-04
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level of local preference requested and to obtain approval of the categories of persons
qualifying for the same. The Applicant shall provide reasonable and timely assistance to
the Town in providing this evidence, as requested. In no event shall the Applicant be in
violation of the terms of this Comprehensive Permit to the extent the Subsidizing Agency
disapproves local preference or any aspect thereof.
39. Subject to the conditions imposed by this decision, the Project is “Consistent with Local
Needs” within the meaning of G.L. c. 40B, § 20, and Section 56.02 of DHCD’s Chapter
40B Regulations (760 CMR 56.02).
II. DECISION
In consideration of all of the foregoing, including the plans, documents, and testimony given
during the public hearing, the Board hereby grants the Applicant a comprehensive permit under
Chapter 40B for the development described herein, subject to the Conditions set forth below. The
Board notes that the Applicant has not identified any of the following conditions as requirements
that will render the Project uneconomic. Said Conditions are consistent with Local Concerns.
The Board also grants the Waivers substantially as requested by the Applicant, a list of which are
attached hereto and incorporated herein by reference as Exhibit B. The Waivers are Consistent
with Local Needs and are required to permit the construction and operation of the Project.
III. CONDITIONS
General
1. The holder of this Comprehensive Permit is the Applicant, Preservation of Affordable
Housing, Inc., and the Housing Assistance Corporation. The Applicant, its successors and
assigns shall comply with this Decision and all applicable requirements of Chapter 40B and
the regulations adopted thereunder. The provisions of this Comprehensive Permit Decision
and Conditions shall be binding upon the Applicant and the successors and assigns of the
Applicant, and the obligations shall run with the land, as set out in this Condition. In the
event that the Applicant sells, transfers, or assigns its interest in the development, this
Comprehensive Permit shall be binding upon the purchaser, transferee, or assignee and any
successor purchasers, transferees or assignees. Prior to substantial completion of construction,
this Decision may be transferred pursuant to the provisions of 760 CMR 56.05(12)(b), subject
to approval of the Subsidizing Agency with notice to this Board. After substantial
completion, this Decision shall be deemed to run with the land pursuant to 760 CMR
56.05(12)(b).
2. Except as may otherwise be provided in the following Conditions, the Project shall be
constructed substantially in conformance with the plans, documents and drawings listed in
Exhibit A attached hereto and incorporated herein by reference, which for purposes of this
Comprehensive Permit shall be considered the Approved Plans for the Project (“Approved
Plans”). The Project includes all features shown on the Approved Plans or as otherwise
required by this Comprehensive Permit.
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3. Minor changes to the Approved Plans (e.g., changes that do not materially affect the location
of, or increase the height or massing of the structures, or increase the number of units
contained in the residential buildings) shall be submitted to the Building Inspector who shall
have the authority to approve such changes as immaterial changes. If the Building Inspector
determines that the proposed changes do not conform to the requirements of this
comprehensive permit, s/he shall so notify the Applicant and the Applicant shall either bring
the plans into conformance with this decision or seek modification in accordance with 760
CMR 56.05(11).
4. The Project shall consist of not more than 45 units with a mix of one-, two-, and three-
bedroom units in ten multifamily residential buildings as shown on the Approved Plans.
5. There shall be 79 off-street parking spaces, as well as a reserve area for possible future
additional parking spaces which would result in a net gain of 8 spaces (87 in total), all as
depicted in the Approved Plans (5 accessible spaces are proposed as part of the 79 spaces).
(a) Three years after the issuance of the last/ final Certificate of Occupancy for the
Project, or earlier if identified by the Building Inspector and communicated to the
Applicant, the Applicant shall submit to the Building Inspector an assessment as to
whether the 79 constructed parking spaces are adequately serving the parking needs
of the Project; such assessment shall include the number of vehicles owned by the
tenants, the number of spaces that are assigned to the units, the number of spaces
available to guests; and the average number of vacant spaces, if any.
(b) If in the Building Inspector’s opinion additional parking spaces are needed, then the
Building Inspector shall so notify the Applicant in writing and inform the Applicant
of how many of the reserve parking spaces must be constructed in the area denoted
for reserve parking in the Approved Plans; and the Applicant shall do so within three
(3) months of such notice, subject to reasonable extension due to weather conditions
or the like.
(c) Such construction may include any necessary grading or drainage facilities; the
reserve parking area may be constructed of pervious surface adequate for parking
purposes.
(d) Further review by the Board or modification to this Decision shall not be required to
construct the reserve spaces if consistent with this Condition.
6. All dwelling units approved under this Comprehensive Permit shall be rental units.
7. The Applicant shall comply with all local regulations of the Town of Brewster and its boards
and commissions unless specifically waived herein or as otherwise addressed in these
conditions.
8. The Applicant shall copy the Building Inspector on all correspondence by and between the
Applicant and any federal, state, or Town official, board, or commission concerning the
conditions set forth in this decision, including but not limited to all testing results, official
filings, environmental approvals, and other permits issued for the Project.
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Decision No. 23-04
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9. Except as otherwise specifically provided herein, where this Decision provides for the
submission of plans or other documents for approval by the Building Inspector or other Town
Departments, the Applicant shall pay all permit application fees normally charged by the
Town. The Building Inspector or applicable Department Head will use reasonable efforts to
review and provide a written response within thirty (30) days following submission and
payment of application fees. For submissions that require assistance from an outside
consultant, as determined by the Building Inspector or applicable Department Head, the
thirty-day time period shall not begin until the consultant’s fee has been fully funded by the
Applicant.
10. Nothing herein shall affect the Applicant’s obligations to the Town under the LDA.
11. The sidewalks, driveways, roads, utilities, drainage systems, wastewater disposal systems,
water system, and all other infrastructure shown on the Approved Plans as serving the Project
shall remain private in perpetuity unless otherwise agreed to and accepted in writing by the
Town, consistent with all applicable laws and regulations. Subject to the foregoing, the Town
of Brewster shall not have, now or in the future, any legal responsibility for the operation or
maintenance of the infrastructure, including but not limited to snow removal, trash removal,
recycling, and landscape maintenance.
12. Unless the language of a Condition suggests that it is intended to have shorter duration, all
Conditions in this Comprehensive Permit shall be “in perpetuity” and remain in full force and
effect for the life of the Project.
13. Prior to commencement of any Project construction, the Applicant shall record this
Comprehensive Permit with the Barnstable County Registry of Deeds, at the Applicant’s
expense, and provide proof of the same to the Building Inspector. The Board reserves the
right to cause this Decision to be recorded at the Barnstable County Registry of Deeds at any
time.
Affordability Requirements
14. All of the units on the Site shall be affordable in perpetuity: of the forty-five (45) total units,
thirty-five (35) units shall be affordable to and occupied by households with incomes at or
below 60 percent of AMI (the “Low Income Households”) and the remaining ten (10) units
shall be affordable to and occupied by households with incomes at or below 80 percent of
AMI (the “Moderate Income Households”). All units required to be affordable to and
occupied by Low Income Households or Moderate Income Households are referred to herein
as “Affordable Units.” Notwithstanding the foregoing, in the event of foreclosure, a
minimum of 45% of the units on the Site shall be and remain Affordable Units: 25% of the
units shall be permanently affordable to and occupied by Moderate Income Households, and
an additional 20% of the units shall be permanently affordable to and occupied by Low
Income Households. However, in the event of a conflict between this condition and the
DHCD requirements under the LIHTC Program, the DHCD requirements shall control,
including without limitation the provisions of the LIHTC Program and Regulatory Agreement
concerning foreclosure.
Millstone Road
Decision No. 23-04
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15. All Affordable Units shall be eligible for inclusion in DHCD’s Subsidized Housing Inventory
“(“SHI”) in accordance with 760 CMR 56.02(2).
16. To comply with the requirements of the LIHTC Program, the Affordable Units shall be
available to and restricted for rent and occupancy as required by the LIHTC Program and as
approved by DHCD (which currently requires the Affordable Units to be available to and
restricted for rent and occupancy to eligible households, as determined by HUD, provided
that the average household income does not exceed 60 percent HUD area median income).
17. The Applicant and the Town shall enter into a Local Regulatory and Use Agreement,
incorporating the provisions of Conditions 14 and 15 hereof, in form and substance
reasonably acceptable to Applicant and the Town, and approved by DHCD under the relevant
provisions of the Massachusetts General Laws and DHCD’s regulations and Guidelines (the
“Local Regulatory Agreement”), sufficient to include all the Affordable Units in the SHI,
which Local Regulatory Agreement shall be recorded with the Barnstable Registry of Deeds
prior to the issuance of a building permit. Notwithstanding the foregoing, the terms of the
LIHTC Regulatory Agreement and any applicable rent restrictions of the federal low-
income housing tax credit program under Section 42 of the Internal Revenue Code of
1986, as amended, set forth in the LIHTC Regulatory Agreement, shall take precedence
over the Local Regulatory Agreement until such time as the LIHTC Regulatory Agreement
expires, terminates or is otherwise no longer in effect and there is no other substitute
regulatory agreement in effect. Any reference herein to a Regulatory Agreement herein shall
refer to the LIHTC Regulatory Agreement or substitute regulatory agreement for so long as
the same is in effect, after which all references to a Regulatory Agreement shall mean the
Local Regulatory Agreement. Execution and recording of a “Restriction” approved by the
Town in accordance with the LDA will satisfy the foregoing requirement for a Local
Regulatory Agreement.
18. The Affordable Units shall be dispersed throughout the Project in accordance with the
DHCD’s Comprehensive Permit Guidelines (it being understood that the location of
Affordable Units can change over time as provided in the Regulatory Agreement).
19. The Applicant shall be responsible for maintaining records sufficient with DHCD guidelines
for the rental of such Affordable Units by income-eligible households.
20. The Applicant shall obtain the Subsidizing Agency’s approval of an Affirmative Fair
Housing Marketing Plan prior to making any of the Affordable Units available for rent. The
Plan approved by the Subsidizing Agency shall be provided to the Planning Department and
Brewster Housing Partnership for informational purposes.
21. The Subsidizing Agency is responsible for regulating, monitoring, and enforcement in
accordance with the LIHTC Regulatory Agreement. The Applicant and successors and
assigns as owners of the Project, shall pay, in perpetuity, any reasonable fees charged by the
Subsidizing Agency’s monitoring agent and any subsequent monitoring agent retained by the
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Decision No. 23-04
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Town when the LIHTC Regulatory Agreement is no longer in effect, as set forth in the Local
Regulatory Agreement. The Town of Brewster shall not be responsible for paying such fees
or for monitoring the Project’s compliance with the Regulatory Agreement.
Submission Requirements
22. Prior to any construction on the Site, whether or not pursuant to a building permit, the
Applicant shall:
(a) Submit Final Engineering Drawings and Plans that conform to the requirements of this
Comprehensive Permit and incorporate the conditions herein (“Final Plans”) to the
Building Inspector for review and approval as to conformity with this Decision. The Final
Plans shall incorporate all conditions and requirements of permitting agencies having
jurisdiction. Applicable sheets of the Final Plans shall be signed and sealed by the
Professional Land Surveyor of record, the Registered (Civil) Engineer of record, the
Registered Landscape Architect of record, or the Registered Architect of record. No
construction of buildings, structures, or improvements shall be performed on the Site
unless they are substantially in accordance with the Approved Plans and the Final Plans;
(b) Submit a final landscaping plan consistent with the Approved Plans, signed and sealed by
a Registered Landscape Architect, depicting the following:
i. Overall planting plan that includes a demarcation of clearing and the limits of
work; including areas where the existing vegetated buffer will be enhanced
with additional plantings;
ii. Planting plans for drives showing shade trees and lighting fixture locations;
iii. Plans of walkways in open space and recreation areas;
iv. Prototype planting plans for each building that include shade trees, ornamental
trees, shrubs, and groundcovers;
v. Planting details for coniferous and deciduous shade trees, ornamental trees,
and shrubs;
vi. Planting schedules listing the quantity, size, height, caliper, species, variety,
and form of trees, shrubs, and groundcovers;
vii. Tree protection and preservation plans;
viii. Construction details; and
ix. Location of fencing on southeast property line near the Site’s access to
Millstone Road, designed to shield the neighboring property from vehicular
headlights in the driveway area.
x. All plantings shall consist of non-invasive, drought-tolerant species. Plantings
installed along drives and walkways shall be salt-tolerant as well.
(c) If the Project is to be phased, provide a Phasing Plan, in form and substance satisfactory
to the Building Inspector, showing, among other things, construction of the access drives
and utilities sufficient to serve the current phase(s) proposed, and protection of
landscaping, plantings and improvements. The Phasing Plan shall be provided to the
Building Inspector at least seven days prior to the start of construction;
(d) Obtain approval of proposed fire hydrant locations from the Brewster Fire Department.
23. The Applicant and the site general contractor shall attend a preconstruction conference with
the Building Inspector and other Town department heads as the Building Inspector may
determine.
Millstone Road
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24. Prior to the issuance of a building permit for the Project, the Applicant shall:
(a) Submit the Final Plans for administrative review by the Board (no public hearing
required) as to conformity with this Decision;
(b) Submit the Final Plans and specifications for the wastewater treatment facilities to the
Board of Health for review and approval as to conformity with this Decision prior to the
issuance of a foundation permit;
(c) Submit to the Building Inspector final Architectural Plans prepared and sealed by an
architect with a valid registration in the Commonwealth of Massachusetts. The
Architectural Plans shall be submitted in such form as the Building Inspector may require
pursuant to the State Building Code;
(d) Obtain and file with the Building Inspector a written review from the Brewster Water
Department of the Applicant’s construction plans and engineering details to tie into the
public water distribution system, and to undertake any work and improvements within
public ways, all in a manner consistent with the Approved Plans and the Conditions of
this Comprehensive Permit; provided, however, permission is granted by this Decision
for the project to connect to the municipal water system;
(e) Submit to the Building Inspector a copy of the fully executed LIHTC Regulatory
Agreement for the Project; provided, however, due to the fact that such Regulatory
Agreement is not executed by DHCD until the funding closing for the Project, this
Condition shall be deemed satisfied if the Building Inspector issues a “will issue” letter as
to the Building Permits indicating that they will be issued upon submission by the
Applicant of the fully executed LIHTC Regulatory Agreement and the payment of the
applicable fess for the Building Permits;
(f) Submits to the Building Inspector a copy of the Local Regulatory Agreement duly signed
by the Applicant, the Town, and DHCD and recorded with the Barnstable Registry of
Deeds and/or the Barnstable Registry District of the Land Court. All mortgages and other
liens on the Site shall be subject to the Local Regulatory Agreement.
(g) Obtain and file with the Building Inspector a copy of all federal, state, and local permits
and approvals required for the Project;
(h) Obtain all necessary building, electrical, plumbing, and associated permits for the Project
required by state law.
Construction Completion; Certificate of Occupancy
25. Prior to issuance of the first certificate of occupancy or certificate for any portion or phase of
the Project, the Applicant shall:
(a) If the Project is built in Phases, submit interim as-built utilities plan and profiles for each
Phase as completed, showing actual-in ground installation of the utilities and stormwater
management systems, to the Department of Public Works;
(b) Obtain acceptance from the Fire Department of testing of all smoke and carbon monoxide
detectors within the dwelling units, for the portion or phase as applicable;
(c) Provide evidence in a form satisfactory to the Building Inspector that the Applicant
complies with the Traffic Safety conditions listed under the Section below.
26. Prior to issuance of the last/ final certificate of occupancy for the Project, the Applicant shall:
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Decision No. 23-04
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(a) Submit to the Department of Public Works (DPW), in digital file format, a final as-built
utilities plan including profiles, showing actual-in ground installation of all utilities,
roadway, sidewalk and associated construction, and stormwater management systems.
The file format shall be in accordance with the DPW’s requirements. The digital file shall
include property boundaries, dimensions, easements, rights-of-way, edge of pavement,
edge of sidewalk, edge of water bodies, wetland boundaries, topographic contours, spot
elevations, parking areas, road centerline and associated text. Said digital data shall be
delivered in the Massachusetts State Plane Coordinate System, North American Datum
1983 and North American Vertical Datum 1988, in U.S. Survey Feet (or Meters, as
required by the Town);
(b) Submit to the Building Inspector as-built plans for all buildings in the Project;
(c) Complete all items on a site construction “punch list” that might be developed by the
Department of Public Works.
Project Design and Construction
27. The Applicant shall allow the Board and Town employees, agents, and representatives to
observe and inspect the Site and construction progress until such time as the Project has been
completed.
28. The Applicant shall ensure that nuisance conditions do not exist in and around the Site during
construction operations. The Applicant shall at all times use reasonable means to minimize
inconvenience to businesses and residents in the surrounding area.
29. Soil material used as backfill for pipes, access drives, infiltration beds, porous pavement
areas, and other underground drainage structures shall be certified by the Design Engineer to
the Building Inspector as meeting design specifications.
30. Construction activities shall only be conducted between the hours of 7:00 AM., and 6:00
PM., Monday through Friday, and between 9:00 AM and 3:00 PM on Saturday. For purposes
of this Condition, construction activities shall be defined as: start-up of equipment or
machinery, delivery of building materials and supplies; removal of trees; grubbing; clearing;
grading; filling; excavating; import or export of earth materials; installation of utilities both
on and off the site; removal of stumps and debris; and erection of new structures. All off-site
utility work shall be coordinated and approved by the Department of Public Works and shall
not be subject to the timing restrictions set forth above. Finish work inside a structure once
fully enclosed (walls, doors, windows and roof) is not restricted by this condition. Parking of
all vehicles and equipment must be on site during construction.
31. During construction, the Site shall be secured against unauthorized entry or vandalism by
fencing, or other appropriate means, and all construction materials shall be stored or
stockpiled in a safe manner.
32. No building areas shall be left in an open, unstabilized condition longer than sixty (60) days.
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33. As set out in more detail in Section 5 of the Applicant’s Stormwater Analysis and Drainage
Report, temporary stabilization on the Site shall be accomplished by hay bales, hay coverings
or matting; final stabilization shall be accomplished by loaming and seeding exposed areas.
34. Exterior lighting on the Site shall be downlit, full cut-off and fully shielded in order to
minimize glare or trespass onto or into any adjacent property.
35. During the pendency of construction, the Applicant shall erect barriers to prevent turtles from
entering the limit of work for the Project, and conduct sweeps to remove any found turtles
and move them elsewhere on-site outside said limit of work.
Traffic Safety Conditions
36. The Applicant shall provide a bus stop area or bench on-site and continue to work with the
CCRTA on serving the Site.
37. The Applicant shall implement the “Recommendations” of Vanasse & Associates, Inc., in its
Traffic Impact Assessment Report dated January 2023 (as revised by letter dated March 31,
2023) concerning on- and off-site traffic mitigation for safe, multi-modal travel into and out
of the Site. Specifically:
The Project site driveway should be a minimum of 20-feet in width where parking will
not be permitted and designed to accommodate the turning and maneuvering
requirements of the largest anticipated responding emergency vehicle. If the minimum
driveway width is used, “No Stopping Any Time” signs shall be installed along both
sides of the driveway.;
(a) Where perpendicular parking is proposed, the drive aisle behind the parking should be a
minimum of 22 feet in width in order to facilitate parking maneuvers;
(b) Vehicles exiting the Project site should be placed under STOP-sign control with a marked
STOP-line provided;
(c) All signs and pavement markings to be installed within the Project site should conform to
the applicable standards of the Manual on Uniform Traffic Control Devices (MUTCD);
(d) A sidewalk and marked crosswalks are provided within the Project site that connect the
proposed buildings to the amenity building and parking area, and extend along the
driveway to Millstone Road where a future sidewalk is to be constructed by the Town. It
is recommended that a widened sidewalk area be provided at Millstone Road to serve as a
school bus waiting area;
(e) Existing trees and vegetation located along the west side of Millstone Road within the
sight triangle areas of the Project site driveway shall be selectively trimmed and/or
removed as necessary in order to provide the required sight lines to and from the
driveway. The Applicant should continue to communicate with Brewster DPW and
coordinate the Project with work that will be required to complete the proposed Millstone
Road improvements, which includes sidewalks, that is being advanced by the Town
independent of the Project. The Applicant shall not, pursuant to this Decision, be
responsible to construct or pay for the construction of any portion of the Town’s said
Millstone Road improvements program;
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(f) Signs and landscaping to be installed as a part of the Project within the intersection sight
triangle areas of the Project site driveway should be designed and maintained so as not to
restrict lines of sight;
(g) Snow accumulations (windrows) within the sight triangle areas of the Project site
driveway will be promptly removed where such accumulations would impede sight lines.
(h) Approval of the foregoing measures are granted by this Decision, provided however, the
Applicant shall comply with technical requirements of the Town of Brewster DPW.
Water, Wastewater Disposal, Stormwater Management, and Utilities
38. Utilities shall be installed underground by the Applicant using methods standard to those
installations. Utilities shall be defined as electric service lines, telephone lines, water service
lines, CATV lines, municipal conduit, stormwater management systems, and the like.
39. The water, wastewater, drainage, and stormwater management systems servicing the
buildings shall be installed and tested in accordance with applicable Town of Brewster
standard requirements and protocols, except as Waived by this Decision.
40. The Stormwater design shall function consistent with the Approved Plans, as revised, and the
Applicant’s Stormwater Analysis and Drainage Report. Specifically, without limitation, the
Applicant shall comply with the construction period erosion and sedimentation controls set
out in Section 5 of said Report, and Appendix G- the Operation and Maintenance Plan.
41. The Applicant shall comply with the following as to the wastewater system:
(a) The Leach Facility shall be pressure dosed per Title 5 requirements for flows greater
than 2000 gpd unless a state approved technology is used that eliminates the requirement
for pressure dosing;
(b) Installation of an I/A Technology under DEP General Approval;
(c) Quarterly effluent sampling and field testing for pH, dissolved oxygen, turbidity, and
color;
(d) Quarterly effluent sampling for settleable solids and total nitrogen to be analyzed at a
certified laboratory;
(e) Annual measurements of depth ponding in the soil absorption system and thickness of
scum layer in the septic tanks and other process tanks;
(f) Preparation of annual summary reports to be submitted to the Brewster Board of Health
and presented to same once per year by the system operator/consultant or more
frequently as needed for noncompliance.
(g) After the first year of system operation, the frequency of sampling can be reduced upon
written request and approval by the Board of Health, or its designated agent, without the
requirement for further review by the ZBA or modification to this Decision.
Other Conditions
42. Upon submission of any documents or plans that must be submitted to the Board for
administrative approval, the Board shall notify the Applicant in writing within thirty (30)
days of submission either that such documents and/or plans have been approved by the Board
or its designee, or that that they are not approved (with a statement of the specific reasons
Millstone Road
Decision No. 23-04
- 17 -
why they are not approved). If the Board does not so notify the Applicant within said thirty
(30) days, such documents and/or plans shall be deemed approved.
43. This decision will be deemed to be final upon the expiration of the appeal period with no
appeal having been filed or upon the final judicial decision following the filing of any appeal,
whichever is later. In accordance with 760 CMR 56.05(12)(c), this Comprehensive Permit
shall expire three (3) years from the date that the permit becomes final, unless (i) prior to that
time substantial use of the Comprehensive Permit has commenced or (ii) the time period is
otherwise tolled in accordance with law. The Applicant may timely apply to the Board for
extensions to the Comprehensive Permit as permitted by law.
44. This Comprehensive Permit prohibits the parking or storage of any unregistered vehicle on
the Site, and likewise prohibits the service of any vehicles on the Site.
45. If any default, violation or breach of these conditions by the Applicant is not cured within
thirty (30) days after notice thereof (or such longer period of time as is reasonably necessary
to cure such a default so long as the Applicant is diligently and continuously prosecuting such
a cure), then the Town may take one or more of the following steps: (a) by mandamus or
other suit, action or other proceeding at law or in equity, require the Applicant to perform its
obligations under these conditions; (b) have access to, and inspect, examine and make copies
of all of the books and records of the Applicant pertaining to the Project; or (c) take such
other action at law or in equity as may appear necessary or desirable to enforce these
conditions. If the Town brings any claim to enforce these conditions, and the Town finally
prevails in such claim, the Applicant shall reimburse the Town for its reasonable attorneys’
fees and expenses incurred in connection with such claim.
CONCLUSION
For all the reasons stated above and pursuant to the Board’s authority found in G.L. c.40B, §§
20-23, the comprehensive permit application from Preservation for Affordable Housing, Inc.,
and Housing Assistance Corporation for the residential Project at 0 Millstone Road, Brewster,
Massachusetts is hereby APPROVED WITH CONDITIONS, along with Waivers substantially
as requested.
(Signature Page Follows)
Millstone Road
Decision No. 23-04
- 18 -
SIGNATURES
Approving ZBA Members:
Millstone Road
Decision No. 23-04
- 19 -
CERTIFICATION
I, Colette Williams, Town Clerk of the Town of Brewster, Massachusetts do hereby certify that
twenty days have elapsed since the above referenced decision of the Board of Appeals, which
was filed in the office of the Town Clerk on ______________________ _____, 2023, and that
no appeal has been filed with the Town Clerk.
Colette Williams
Town Clerk
Brewster, Massachusetts
Millstone Road
Decision No. 23-04
- 20 -
EXHIBIT A
The following are the civil engineering and architectural plans submitted to the Board; to the
extent that certain plans were modified since submission to the Board, the latest date of such
plans constitute the “Approved Plans” per Condition (General) 3:
Civil Engineering Plans
Wet-stamped plan set entitled, “0 Millstone Road Comprehensive Permit Set, Brewster,
Massachusetts, December 20, 2022, Revised: May 2, 2023,” prepared by Horsley Witten Group,
Inc. for Preservation of Affordable Housing, Inc., consisting of the following sheets:
L-1 PLANTING PLAN (1)
L-2 PLANTING PLAN (2)
L-3 PLANTING DETAILS
Architectural Plans
Wet-stamped Floor Plans and Exterior Elevations Buildings 1 through 11, prepared by Union
Studio for Preservation of Affordable Housing and Housing Assistance Corporation, 0 Millstone
Road Comprehensive Permit, consisting of 11 sheets, dated 12/20/2023.
Millstone Road
Decision No. 23-04
- 21 -
EXHIBIT B
The following are Waivers approved by the Board, revised and supplemented through the review
process, substantially as requested by the Applicant. Associated Board Findings accompany the
Waivers, below.
Brewster ZBA Comprehensive Permit Regulations
The Board waives the following provisions of its Chapter 40B Regulations:
Section 3.01(k): The Subsidizing Agency will file a Project Notification Form with the
Massachusetts Historical Commission (“MHC”) in compliance with the state MHC
regulations.
Section 3.01(l): The Project does not require review by the Natural Heritage and
Endangered Species Program (“NHESP”) because none of the Project locus falls within a
Priority Habitat of Rare Species or an Estimated Habitat of Rare 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); a pro forma is more properly within DHCD’s purview.
Section 3.01(o) and (q): Submission of an analysis of impacts on town services is not
necessary. All town boards and staff have had an opportunity to comment on the
Applicant’s plans.
Brewster Zoning Bylaw
The Board grants the following waivers of Chapter 179 (Zoning) of the Code of the Town of
Brewster:
Sections 179-10 and 179-11, Applicability of Use Regulations and Table 1 (Article IV,
Use Regulations): The Applicant proposes eleven buildings for multifamily development.
Strict compliance with the Zoning Bylaw would prohibit the proposed multifamily
dwellings because they are not allowed in the R-L district.
Section 179-16, Table 2, Area Regulations, R-L zoning district, minimum side yard
setback and footnote 1 (generally, only one principal structure shall be permitted on a
lot):
Required Proposed
Side Yard Setback 25 feet 17 feet
The proposed project will consist of 10 residential buildings and a one community
building to be permitted under a Comprehensive Permit. The proposed (south) side
yard setback abuts undevelopable open space for the neighboring cluster subdivision
development.
Section 179-16, Table 3, Height and Bulk Regulations. 30’ maximum height limit in the
R-L district. Ten of the eleven proposed buildings will exceed 30’ in height, including the
tallest “Building C” which is to be constructed with a maximum height of approximately
36 feet. This height is necessary, among other things, to reduce the development
footprint of the Project and to allow the proposed elevator in Building C.
Section 179-23, Off-Street Parking and Loading. Some of the proposed parking spaces
are to be 9’ by 19’ and the drive aisle width is 22’, both as shown on the Approved Plans,
Millstone Road
Decision No. 23-04
- 22 -
where the required parking space dimension is 10’ by 20’ and drive aisle width is 24’.
The reduction in parking space size and drive aisle width allows the total development
footprint of the Project to be reduced.
Section 179-34. Multifamily Dwellings not a use permitted in the R-L district. The
proposed multi-family development is permitted under a Comprehensive Permit.
Section 179-64, Site Plan Review applicability. As this is a Comprehensive Permit, all
local approvals, including Site Plan Review, fall within the jurisdiction of the Zoning
Board of Appeals.
Brewster Board of Health Regulations
Water Quality Report Regulation (Effective January 15, 1988)
The Board grants 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. The Applicant prepared
a nitrogen loading report and submitted it as part of its application. Site-wide nitrogen loading at
3.8 ppm is substantially lower than required under any federal, state or local standard.
Design, Operation, and Maintenance of Small Wastewater Treatment Facilities (Effective
March 15, 2007)
The Board grants 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 5 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. Without limiting the Waiver, certain sections are described below:
1.00 Disposal Works Construction Permit. Applicant will apply for a Disposal Works
Construction Permit under Massachusetts DEP Title 5 and the I/A Technology DEP General
Use Approval.
4.00 SWWTF Financial Assurance Mechanism. The Applicant should not be required to
establish and maintain a financial assurance mechanism to provide for repair and
replacement of the septic system.
5.00 SWWTF Effluent Test Frequency Parameters and Limits. The I/A system is designed
to meet an effluent Total Nitrogen concentration of 19 mg/L. Rather than monthly testing,
Applicant agrees to quarterly effluent field testing of pH, dissolved oxygen, turbidity, total
nitrogen and color and laboratory testing of settleable solids. Annual measurements of
ponding depth in the soil absorption system and thickness of scum layer in the septic tanks
and other process tanks will also be performed.
6.00 Groundwater Monitoring Installation. The Applicant should not be required to install
groundwater monitoring wells.
Millstone Road
Decision No. 23-04
- 23 -
7.00 Reporting of all SWWTFs and Wastewater Treatment Facilities that discharge over
10,000 gallons per day. Not applicable; however, the Applicant has agreed to file an annual
report with the Board of Health concerning the operations of the septic system.
8.00 Variances. Not applicable; the Board of Appeals is the permit granting authority under
M.G.L. c. 40B, §§20-23.
9.00 Enforcement. Not applicable for the reason stated above. The Board of Health retains
enforcement authority under Massachusetts DEP Title 5; and the Applicant agrees that the
Board of Health may enforce the modified effluent testing requirement under Section 5.00
that the Applicant has agreed to as described above.
Town of Brewster General Bylaws
Scenic Road Act and Public Shade Tree Act
The Board grants a waiver from obtaining approval from the Planning Board of any tree cutting
within the Millstone Road public right of way.
#23-12 Owner/Applicant:
Lea Anne Copenhefer
Represented by:
Walter Jacob Architects, LTD
8 Shepherds Quay
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Brewster Zoning Board of Appeals
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x 1168
FAX (508) 896-8089
www.brewster-ma.gov
ZBA CASE FILE # -/a
APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS
SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION
($300 Filing Fee)
Date + Time Stamped
By Town Clerk
NAME OF APPLICANT Lea Anne Copenhefer
REPRESENTATIVE Walter Jacob Architects LTD. PHONE NUMBER 781.631.7440
MAILING ADDRESS 3 Pleasant St, Marblehead, MA 01945
PROPERTYADDRESS 8 Shepherds Quay, Brewster, MA 02631
CURRENT PROPERTY OWNER(S) Lea Anne Copenhefer & Scott Kafker
REGISTRY OF DEEDS TITLE REFERENCE BOOK PAGE
CERT. OF TITLE #216145
PLAN # 20339-B (Sheet 3)
TOWN MAP # 74
ZONING DISTRICT R -R
LOT # 78
LAND COURT # 14
OR
YEAR BUILT 1988
STATEMENT OF PROJECT
This project includes a new balcony on the second level which encroaches on the side -yard
setback on an existing non -conforming building that encroaches on the side -yard setback.
04.24.23
SIGNATURE OF OWNER OR AGENT FOR OWNER DATE
NOTE: This petition is NOT COMPLETE until all information is provided. Accuracy of this
information is the responsibility of the petitioner.
ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017
Page 1 of 4
ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4
DATA SHEET
Complete this form for every structure on the site that is in some way nonconforming.
Identify structure: primary house, garage, tool shed, other _________________
STREET ADDRESS ________________________________ YEAR BUILT ___________
MAP # _______ LOT #________
ZONING DISTRICT ___________
List only the nonconformities below: Identify all nonconforming setbacks.
LOCATION EXISTING REQUIRED PROPOSED
_________ _________ _________ _________
_________ _________ _________ _________
_________ _________ _________ _________
_________ _________ _________ _________
_________ _________ _________ _________
Location is used to identify the setback: I.E. front, back, left side, right side, N-north, S-south, E-east, W-west,
Existing is the setback that currently exists on the ground
Required is the applicable setback required currently in the Brewster zoning bylaw
Proposed is the setback being requested
FRONTAGE: EXISTING __________ REQUIRED __________
LOT SIZE: __________________________
LOT COVERAGE EXISTING % __________ PROPOSED % __________ ALLOWED % _________
SIZE OF PARCEL __________ sq. ft. BUILDABLE UPLAND ____________sq. ft.
BUILDING COVERAGE/PRIMARY STRUCTURE ___________sq, ft.
BUILDING COVERAGE ALL OTHER STRUCTURES ___________sq, ft.
BUILDING HEIGHT: EXISTING _________ PROPOSED _________
SPECIAL PERMITS:
APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and
SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED
TO ACT.
ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4
APPLICATION FOR VARIANCE AS SET FORTH IN M.G.L. 40A, § 10
SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE VARIANCE IS
SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. In order to grant a Variance, the
ZBA must find all three of the following to be true:
Owing to circumstances relating to the soil conditions, shape, or topography of
such land or structures and especially affecting such land or structures but not
affecting generally the zoning district in which it is located, and
A literal enforcement of the provisions of the ordinance or by-law would involve
substantial hardship, financial or otherwise, to the petitioner or appellant, and
That desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or purpose
of such ordinance or by-law
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
APPEAL IN ACCORDANCE WITH M.G.L. 40 A, § 8, 14
CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL
OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL
PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. On behalf of our client Lea Anne Copenhefer, Walter Jacob Architects LTD. is seeking a special permit for dimensional
setback relief for a proposed second level balcony on a pre-existing non-conforming structure. The property is located within
a cluster development. According to Brewster Zoning bylaw Section 179-35B part 4, lot setbacks in cluster developments are
to be reduced exactly 1/2 of that which is shown in Section 179 Attachment 2 Table 2 setbacks, which for the R-R district is
40' front, 25' sides and rear. The existing side-yard dimension is ±10' and the proposed side-yard dimension is ±5.8'.
According to Brewster Zoning bylaw Section 179-25B, pre-existing nonconforming structures or uses may be changed,
extended, or altered on special permit from the Board of Appeals, if the Board of Appeals finds that such change, extension or
alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming use.
ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 4 of 4
ZONING BOARD OF APPEALS FILING PROCEDURES
Completed application packages are required to be submitted and time stamped by the Town
Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30
am – 4:00 pm Monday- Friday.
Complete application (12 copies) checklist:
Application
Professionally engineered site plan
Assessor’s map showing the applicant’s lot
Building plans, including floor layout, elevations and dimensions
Decision letter from the zoning agent, if applicable
$300 Filing Fee (made payable by check)
Photographs are recommended.
Please also provide one (1) pdf or electronic copy of the completed application package.
An Abutter’s List will be requested by the Zoning Board Clerk when the application is filed.
In accordance with Massachusetts General Laws, Chapter 40A, Section 11, the Appeal will be
advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The
agenda will also be posted of the Meeting Board on the main floor of the Town Offices.
A copy of the Zoning-By-Law, Chapter 179, is available at the Brewster Ladies’ Library. It may
also be purchased at the Town Offices for $25.00 or downloaded without charge from The Town
of Brewster e-code website: http://www.ecode360.com/BR1068
Any Decision of the Board of Appeals may be appealed to Superior Court, Land Court or District
Court within twenty (20) days from the time that the decision is filed with the Town Clerk.
01
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04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440DRAWING INDEX
CS.1
-
P.1
P.2
X.1
A.1
X.2
A.2
X.3
A.3
X.5
A.5
X.6
A.6
X.7
A.7
Cover Sheet
Survey
Assessor's Map
Existing Conditions Photographs
Existing Basement Level Plan
Proposed Basement Level Plan
Existing First Level Plan
Proposed First Level Plan
Existing Second Level Plan
Proposed Second Level Plan
Existing Roof Plan
Proposed Roof Plan
Existing Elevations
Proposed Elevations
Existing Elevations
Proposed Elevations
1"
SYMBOLS
PROJECT TEAM
ARCHITECT
Walter Jacob Architects LTD.
3 Pleasant Street
Marblehead, MA 01945
T: 781-631-7440
F: 781-631-7441
E: walter@architectwaj.com
CLIENT
Lea Anne Copenhefer
Scott Kafker
8 Shepherds Quay
Brewster, MA 02631
SURVEYOR
David Lyttle
Ryder-Wilcox
P.O. Box 439
South Orleans, MA 02662
t: 508.255.8312
e: davidlyttle@ryder-wilcox.com
ROOM/AREA DESIGNATION
EXISTING WALL TO REMAIN
NEW WALL
WALL TO BE DEMOLISHED
EXTERIOR ELEVATION REFERENCE
WINDOW TAG
NORTH ARROW
DOOR AND DOOR DIMENSION
(WIDTH & HEIGHT)
1
A2.1
ROOM
100
32x84
X
N
DIMENSION STRING
PROJECT LOCATION
8 Shepherds Quay
Brewster, MA 02631
ZONING INFORMATION
PROJECT DESCRIPTION:
Zoning District: R-R (Cluster Subdivision)
REQUIRED EXISTING PROPOSED
BUILDING COVERAGE 15% (MAX.) 8.427% 8.671%
LOT AREA 5,000 sf (MIN.) ± 37,748 sf ± 37,748 sf
FRONTAGE 115' (MIN.) ± 151.8' ± 151.8'
FRONT SETBACK 20' ± 108.3' ± 108.3'
SIDE SETBACK 12.5' ±10' ±5.8'
REAR SETBACK 12.5' ±158.8' ±158.8'
HEIGHT/STORIES 30' (MAX.) ±29.8' ±29.8'
This project includes a new balcony on the second level which encroaches on the side-
yard setback on an existing non-conforming building that encroaches on the side-yard
setback and is located within a cluster subdivision.
WJa
Walter Jacob architects
Ryder,lcox
SURVEYING •ENGINEERING
HOME PLANNING & DESIGN
3 GIDDIAII HILL ROAD P.O. BOX 439
SO. ORLEANS, MASSACHUSE 1 1S 02662
TEL: 508.255.8312 FAX: 508.240.2306
Reference.-
Assr's. Map 74 Pcl. 78
L. C. P. 20339B, Sht. 3
PROPOSED
2ND STORY
DECK WITH
STORAGE
BELOW
Job No. 2033
Certified Plot Plan
Location
8 Shieptzerd's Quay Dr.
Brewster, "WA
prepared for
Lea Anne
Copenhefer
Scale: 1" = 50'
Bate: January 27, 2023
I certify that the dwelling shown hereon is
located as it exists on the ground.
Profession Land Surveyor
Date..
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04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
ASSESSOR'S MAP
SOURCE: MAPSONLINE.NET - TOWN OF BREWSTER
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04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
LOCATION OF PROPOSED
DECK
LOCATION OF PROPOSED
DECK
FRONT PERSPECTIVE
FRONT PERSPECTIVE
REAR PERSPECTIVE
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Existing Basement Level Plan
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
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04.26.23 Brewster Zoning Board of Appeals
±60'-1/2"
±3
3
'
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3
/
4
"
33
'
-
1
1
1
/
2
"
± 6
7
'
-
1
/
4
"
±24'-5 1/2"± 44'-8"
±1
0
'
-
0
"
±2
4
'
-
0
"
± 69'-1 1/2"
UP
GARAGE SLAB
ABOVE
PROPERTY LINE 12.5' SIDE YARD SETBACK
12
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5
'
S
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A
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PR
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±10'
2
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A.7 UP
E
D
EX. BASEMENT AREA
1,826 sq ft
EXISTING BULKHEADOUTLINE OF EXIS. STRUCTURE
& STEPS ABOVE
OUTLINE OF EXIS. DECK & STEPS ABOVE
OUTLINE OF EXIS.
OUTDOOR SHOWER ABOVE
OUTLINE OF EXIS.
BREEZEWAY ABOVE
ZONING AREAS
Ex. Basement Area 1,826 sf
B
G
C
SCALE: 1/8" = 1'-0"1 Existing Basement Level Plan
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04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
±60'-1/2"
±3
3
'
-
3
/
4
"
33
'
-
1
1
1
/
2
"
± 6
7
'
-
1
/
4
"
±24'-5 1/2"± 44'-8"
±1
0
'
-
0
"
±2
4
'
-
0
"
± 69'-1 1/2"
-8'-5 1/2"
-8'-5 1/2"UP
GARAGE SLAB
ABOVE
PROPERTY LINE 12.5' SIDE YARD SETBACK
12
.
5
'
S
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A
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D
S
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B
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PR
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5
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±10'
±5.8'
2
A.7
1
A.6
2
A.6
A A
F F
1
A.7 UP
E E
D D
-6'-5 1/2"
PR WINDOW WELL
AREA
42 sq ft
EX. BASEMENT AREA
1,826 sq ft
NEW WINDOW WELL
EXISTING BULKHEADOUTLINE OF EXIS. STRUCTURE
& STEPS ABOVE
OUTLINE OF EXIS. DECK & STEPS ABOVE
OUTLINE OF EXIS.
OUTDOOR SHOWER ABOVE
OUTLINE OF EXIS.
BREEZEWAY ABOVE
OUTLINE OF NEW WD. DECK &
ENCLOSURE ABOVE
(POSTS DOWN TO SONOTUBE FOOTINGS)
ZONING AREAS
Pr Basement Area 1,868 sf
(Ex. 1,826 + Pr. 42)
B B
G G
C C
SCALE: 1/8" = 1'-0"1 Proposed Basement Level Plan
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
X.2
Existing First Level Plan
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
F
13'-1/2"31'-2"15'-10 1/4"
±60'-1/2"
±3
3
'
-
3
/
4
"
±9
'
-
1
1
1
/
2
"
±2
4
'
-
0
"
±24'-5 1/2"±44'-8"
±69'-1 1/2"
-6"
-1'-4"
2
A.7
1
A.6
2
A.6
GARAGE
BREEZEWAY
PROPERTY LINE
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
PR
O
P
E
R
T
Y
L
I
N
E
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
±10'
A
F
1
A.7
E
D
B
G
C
EX. FIRST LEVEL AREA
2,530 sq ft
EX. DECK & STEPS AREA
462 sq ft
EX. STEPS AREA
123 sq ft
EX. OUTDOOR SHOWER
34 sq ft
ZONING AREAS
Ex. First Level Area 2,530 sf
Ex. Decks & Steps 585 sf
Ex. Outdoor Shower 34 sf
SCALE: 1/8" = 1'-0"1 Existing First Level Plan
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
A.2
Proposed First Level Plan
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
F
10
'
-
0
"
7'-
0
"
13'-1/2"31'-2"15'-10 1/4"
±60'-1/2"
7'-
0
"
10
'
-
0
"
5'-0"
±3
3
'
-
3
/
4
"
±9
'
-
1
1
1
/
2
"
±2
4
'
-
0
"
±24'-5 1/2"±44'-8"
±69'-1 1/2"
-6"
-1'-4"
2
A.7
1
A.6
2
A.6
NEW A/C CONDENSER
GARAGE
BREEZEWAY
PROPERTY LINE
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
PR
O
P
E
R
T
Y
L
I
N
E
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
±10'
±5.8'
A A
F F
1
A.7
E E
D D
B B
G G
C C
±9'-1"±13'-0"±2'-4 1/2"
EX. FIRST LEVEL AREA
2,530 sq ft
EX. DECK & STEPS AREA
462 sq ft
EX. STEPS AREA
123 sq ft
EX. OUTDOOR SHOWER
34 sq ft
NEW WOOD ENCLOSURE BELOW
PROPOSED DECK
NEW WINDOW WELL BELOW
ZONING AREAS
Ex. First Level Area 2,530 sf
Ex. Decks & Steps 585 sf
Ex. Outdoor Shower 34 sf
SCALE: 1/8" = 1'-0"1 Proposed First Level Plan
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
X.3
Existing Second Level Plan
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
2
A.7
1
A.6
2
A.6
±60'-1/2"
±3
3
'
-
3
/
4
"
±3
4
'
-
0
"
±6
7
'
-
3
/
4
"
±9
'
-
1
1
1
/
2
"
±2
4
'
-
0
"
±24'-5 1/2"±44'-8"
±69'-1 1/2"
EXIS. ROOF AT
GARAGE &
BREEZEWAY TO BE
REPLACED
±10'
PROPERTY LINE
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
A
F
1
A.7
E
D
B
G
C
EX. SECOND LEVEL AREA
1,733 sq ft
ZONING AREAS
Ex. Second Level Area 1,733 sf
SCALE: 1/8" = 1'-0"1 Existing Second Level Plan
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
A.3
Proposed Second Level Plan
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
2
A.7
1
A.6
2
A.6
7'-
0
"
10
'
-
0
"
7'-
0
"
5'-0"
±60'-1/2"
±3
3
'
-
3
/
4
"
±3
4
'
-
0
"
±6
7
'
-
3
/
4
"
±9
'
-
1
1
1
/
2
"
±2
4
'
-
0
"
±24'-5 1/2"±44'-8"
±69'-1 1/2"
NEW WOOD DECK w/ S.S. CABLE
GUARDRAIL SYSTEM TO MATCH EXISTING
NEW EXTERIOR DOOR
NE
W
A
D
D
I
T
I
O
N
/
D
O
R
M
E
R
S
W
I
T
H
I
N
EX
I
S
.
B
U
I
L
D
I
N
G
F
O
O
T
P
R
I
N
T
±10'
±5.8'
PROPERTY LINE
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
NEW DORMER
NE
W
DO
R
M
E
R
NEW DORMER
NEW
DORMER
A A
F F
1
A.7
E E
D D
B B
G G
C C
EX. SECOND LEVEL AREA
1,733 sq ft
AREA OF ADDITION
659 sq ft
NEW DECK AREA
50 sq ft
ZONING AREAS
Pr. Second Level Area 2,392 sf
(Ex. 1,733 + Pr. 659)
Pr Decks & Steps 50 sf
SCALE: 1/8" = 1'-0"1 Proposed Second Level Plan
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
X.5
Existing Roof Plan
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
12
:
1
2
12
:
1
2
2
A.7
1
A.6
2
A.6
EXIS. WD. SHAKE ROOF
@ MAIN HOUSE TO BE REPLACED
EXIS. ROOF AT
GARAGE &
BREEZEWAY TO BE
REPLACED
PROPERTY LINE 12.5' SIDE YARD SETBACK
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
PR
O
P
E
R
T
Y
L
I
N
E
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
A
F
1
A.7
E
D
B
G
C
12
:
1
2
12
:
1
2
6:1
2
12
:
1
2
6:1
2
6:1
2
12:1212:12
12:1212:12
SCALE: 1/8" = 1'-0"1 Existing Roof Plan
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
A.5
Proposed Roof Plan
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
12
:
1
2
12
:
1
2
12
:
1
2
12
:
1
2
2
A.7
1
A.6
2
A.6
NEW WD. SHAKE ROOF
@ MAIN HOUSE
PROPERTY LINE 12.5' SIDE YARD SETBACK
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
PR
O
P
E
R
T
Y
L
I
N
E
12
.
5
'
S
I
D
E
Y
A
R
D
S
E
T
B
A
C
K
PR
O
P
E
R
T
Y
L
I
N
E
A
F
1
A.7
E
D
B
G
C
12:1212:12
5:1
2
5:1
2
5:1
2
13:12
6:12
12
:
1
2
12
:
1
2
4:1
2
6:12
13:12
12
:
1
2
12
:
1
2
12
:
1
2
12
:
1
2
12
:
1
2
6:1
2
12
:
1
2
6:1
2
6:1
2
12:1212:12
NE
W
D
O
R
M
E
R
S
&
W
D
.
S
H
A
K
E
R
O
O
F
@
G
A
R
A
G
E
&
B
R
E
E
Z
E
W
A
Y
SCALE: 1/8" = 1'-0"1 Proposed Roof Plan
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
X.6
Existing Elevations
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
8'-
1
1
"
9'-
1
/
4
"
5'-
8
"
NEW WD. SHAKE ROOF
@ MAIN HOUSE
NEW WD. SHAKE ROOF
@ MAIN HOUSE
+23'-7 1/4"
Top of Garage Roof
+17'-11 1/4"
Top of Exis. Breezeway Roof
EXIS. ROOF AT GARAGE & BREEZEWAY TO BE REPLACED
29
'
-
9
1
/
2
"
B
U
I
L
D
I
N
G
H
E
I
G
H
T
FR
O
M
M
E
A
N
F
I
N
.
G
R
A
D
E
± 0
First Level
+8'-11"
Second Level
± 0
First Level
+8'-11"
Second Level
+23'-7 1/4"
Top of Garage Roof
+17'-11 1/4"
Top of Exis. Breezeway Roof
EXIS. ROOF AT GARAGE & BREEZEWAY TO BE REPLACED
29
'
-
9
1
/
2
"
B
U
I
L
D
I
N
G
H
E
I
G
H
T
FR
O
M
M
E
A
N
F
I
N
.
G
R
A
D
E
NEW WOOD SHAKE ROOF
AT MAIN HOUSE
± 0
First Level
+8'-11"
Second Level
SCALE: 1/8" = 1'-0"1 Existing East Elevation
SCALE: 1/8" = 1'-0"2 Existing North Elevation
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
A.6
Proposed Elevations
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
8'-
1
1
"
9'-
1
/
4
"
5'-
8
"
NEW WD. SHAKE ROOF
@ MAIN HOUSE
NEW WD. SHAKE ROOF
@ MAIN HOUSE
+23'-7 1/4"
Top of Garage Roof
+17'-11 1/4"
Top of Exis. Breezeway Roof
NEW DORMERS & WD. SHAKE ROOF AT
GARAGE & BREEZEWAY
29
'
-
9
1
/
2
"
B
U
I
L
D
I
N
G
H
E
I
G
H
T
FR
O
M
M
E
A
N
F
I
N
.
G
R
A
D
E
20
'
-
1
1
/
2
"
T
O
P
O
F
N
E
W
B
R
E
E
Z
E
W
A
Y
R
O
O
F
2'-
2
1
/
4
"
3'-
5
3
/
4
"
± 0
First Level
+8'-11"
Second Level
± 0
First Level
+8'-11"
Second Level
+23'-7 1/4"
Top of Garage Roof
+17'-11 1/4"
Top of Exis. Breezeway Roof
NEW DORMERS & WD. SHAKE ROOF AT
GARAGE & BREEZEWAY
29
'
-
9
1
/
2
"
B
U
I
L
D
I
N
G
H
E
I
G
H
T
FR
O
M
M
E
A
N
F
I
N
.
G
R
A
D
E
NEW WD. DECK
w/ WD. ENCLOSURE BELOW
NEW WOOD SHAKE ROOF
AT MAIN HOUSE
± 0
First Level
+8'-11"
Second Level
SCALE: 1/8" = 1'-0"1 Proposed East Elevation
SCALE: 1/8" = 1'-0"2 Proposed North Elevation
01
.
0
3
.
2
3
_
8
S
h
e
p
h
e
r
d
s
Q
u
a
y
.
p
l
n
4/2
6
/
2
3
X.7
Existing Elevations
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
Pri
v
a
t
e
R
e
s
i
d
e
n
c
e
8 S
h
e
p
h
e
r
d
'
s
Q
u
a
y
,
Br
e
w
s
t
e
r
,
M
A
0
2
6
3
1
04.26.23 Brewster Zoning Board of Appeals
29
'
-
9
1
/
2
"
B
U
I
L
D
I
N
G
H
E
I
G
H
T
FR
O
M
M
E
A
N
F
I
N
.
G
R
A
D
E
8'-
1
1
"
9'-
1
/
4
"
5'-
8
"PREP OPENING FOR
NEW EXTERIOR DOOR
NEW WD. SHAKE ROOF
@ MAIN HOUSE
+23'-7 1/4"
Top of Garage Roof
+17'-11 1/4"
Top of Exis Breezeway Roof
EXIS. ROOF AT GARAGE & BREEZEWAY TO BE REPLACED
± 0
First Level
+8'-11"
Second Level
8'-
1
1
"
9'-
1
/
4
"
5'-
8
"
29
'
-
9
1
/
2
"
B
U
I
L
D
I
N
G
H
E
I
G
H
T
FR
O
M
M
E
A
N
F
I
N
.
G
R
A
D
E
NEW WOOD SHAKE ROOF
AT MAIN HOUSE +23'-7 1/4"
Top of Garage Roof
+17'-11 1/4"
Top of Exis. Breezeway Roof
EXIS. ROOF AT GARAGE
BEYOND
TO BE REPLACED
± 0
First Level
+8'-11"
Second Level
SCALE: 1/8" = 1'-0"1 Existing West Elevation
SCALE: 1/8" = 1'-0"2 Existing South Elevation
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Proposed Elevations
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04.26.23 Brewster Zoning Board of Appeals
Walter Jacob Architects LTD
3 Pleasant Street
Marblehead, MA 01945
781.631.7440
29
'
-
9
1
/
2
"
B
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T
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.
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8'-
1
1
"
9'-
1
/
4
"
5'-
8
"
20
'
-
1
1
/
2
"
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E
W
B
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W
A
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.
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2'-
2
1
/
4
"
3'-
5
3
/
4
"
NEW A/C CONDENSER
BELOW WD. DECK
NEW WD. ENCLOSURE
AT OPEN SPACE BELOW DECK
NEW EXTERIOR DOOR
NEW WD. SHAKE ROOF
@ MAIN HOUSE
NEW WOOD DECK w/ S.S. CABLE
GUARDRAIL SYSTEM TO MATCH EXISTING
+23'-7 1/4"
Top of Garage Roof
+17'-11 1/4"
Top of Exis Breezeway Roof
NEW DORMERS & WD. SHAKE ROOF AT
GARAGE & BREEZEWAY
NEW WINDOW WELL
AT BASEMENT
± 0
First Level
+8'-11"
Second Level
8'-
1
1
"
9'-
1
/
4
"
5'-
8
"
29
'
-
9
1
/
2
"
B
U
I
L
D
I
N
G
H
E
I
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H
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I
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.
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A
D
E
NEW WD. DECK
& WD. ENCLOSURE BELOW
NEW WOOD SHAKE ROOF
AT MAIN HOUSE +23'-7 1/4"
Top of Garage Roof
+17'-11 1/4"
Top of Exis. Breezeway Roof
NEW DORMERS &
WD. SHAKE ROOF
@ GARAGE &
BREEZEWAY
± 0
First Level
+8'-11"
Second Level
SCALE: 1/8" = 1'-0"1 Proposed West Elevation
SCALE: 1/8" = 1'-0"2 Proposed South Elevation
Application#23-12 www.brewster-ma.gov Page 1 of 1
5/30/2023
DEPARTMENT REVIEWS
Application #23-12
APPLICANT: Lea Anne Copenhefer
REPRESENTATIVE: Walter Jacob Architects, LTD.
MAP/LOT: Map 74, Lot 78
PROPERTY ADDRESS: 8 Shepherds Quay
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 lot lies outside Zone II and outside the District of Critical Planning Concern,
(DCPC).
The existing four-bedroom dwelling is serviced by a 1997 Title 5 septic system on a 37,748
square foot lot.
A Title 5 Septic Inspection Report is on file dated March 1, 2018.
The proposed work will not add an increase to the existing septic flow and the proposed work
will not encroach upon the existing septic components.
The applicant will need to submit a Building Waiver Application for final approval by health.
Brewster Zoning Board of Appeals
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1168
brewplan@brewster-ma.gov
Certified by:
TOWN OF BREWSTER, MA
BOARD OF ASSESSORS
2198 Main Street Brewster, MA 02631
Abutters List Within 300 feet of Parcel 74/78/0
James M. Gallagher, MAA
Deputy Assessor