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Home My Public Portal AboutZBA Hearing Packet 08/08/2023Zoning Board Brian Harrison Chair Jeff Carter Vice Chair Patricia Eggers Bruce MacGregor Trish Metz Department Assistant Ellen Murphy Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 ZBA MEETING AGENDA 2198 Main Street Room B August 8, 2023 at 7:00 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in -person vs. virtual attendance accordingly. Members of the public who wish to access the meetings may do so in the following manner: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: httns:lius02web.zoom.us/i188076668068?Qwd=b3IXWnMWM2WbTk4SzIKMk5vT3NTUT09 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, persons 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.qov), or Video recording ( _, ,,.,.., _ r.r a Please note that the ZBA may take official action, including votes, on any item on this agenda. 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement: As required by the Open Meeting Law we are informing you that the Town will be video and audio taping as well as broadcasting this public meeting. In addition, if anyone else intends to either video or audio tape this meeting they are required to inform the chair. 5. Public Announcements and Comments: Members of the public may address the ZBA on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's discretion. The ZBA will not reply to statements made or answer questions raised during public comment but may add items presented to a future agenda 6. Approval of Meeting Minutes 7. Applications: New Applications: ZBA Case #23-13 Owner/Applicant: Russell Karasik, 24 Oak Lane, Map 125, Lot 13, in the RR zoning district. The applicant seeks a special permit pursuant to Section 179-25B of the Brewster Zoning Bylaw to alter and extend the pre-existing, non -conforming single-family dwelling by expanding the deck and building an addition which encroach further into the required rear yard setback. ZBA Case #23-14 Owner/Applicant: Captain Del Associates, Inc, (represented by Andrew L. Singer, Esq.), 261 Linnell Landing Road, Map 103, Lot 12-0, in the RM zoning district. The applicant seeks a special permit pursuant to Sections 179-25B and 179-28 of the Brewster Zoning Bylaw to change the pre-existing, nonconforming accommodations use to another nonconforming use, i.e., year-round multi -unit dwelling use. ZBA Case #23-15 Owner/Applicant: George E. Martin and Lorraine M. Spenie (represented by Mark H. Boudreau, Esq.), 169 and 173 Paines Creek Road, Map 36, Lot 15, in the RM zoning district. The applicant seeks a variance pursuant to Section 179-52 of the Brewster Zoning Bylaw to divide a parcel of land containing two principal single-family dwellings into two lots, each containing a principal single-family dwelling, where one of the proposed lots will not comply with the minimum required lot frontage in the district and the other will not comply with the minimum required lot area in the district. peel EW s ppi O'CC g1.oErt a• CO • ZBA Case #23-16 Owner/Applicant: Maura and David Clancy, (represented by Thomas A. Moore, Design Co.) 216 Commons Way, Map 97, Lot 76, in the RR zoning district. The applicant seeks a special permit pursuant to Section 179-25B of the Brewster Zoning Bylaw for an addition to a pre-existing, non -conforming single-family dwelling which encroaches further into the required rear and side yard setbacks. S. For your Information 9. Matters Not Reasonably Anticipated by the Chair 10. Next Meeting: September 12, 2023 11. Adjournment Date Posted: 7/13/2023 Date Revised: Received by Town Clerk: Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Town Hall Room B Tuesday, July 11, 2023, at 7 PM Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers, and Trish Metz. Bruce MacGregor was absent. Also present: Donna Kalinick, (Assistant Town Manager), Jon Idman (Town Planner), Davis Walters (Building Commissioner), Jill Scalise, (Housing Coordinator), Amanda Bebrin (Planning Board Chair) and Ellen Murphy (Department Assistant) The Chair read the Recording or Taping Notification: This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly. To submit public comment or questions to the Zoning Board of Appeals, please email: zbameeting@brewster-ma.gov. Review and Approval of June 13th meeting minutes: Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by Pat to approve the June 13th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were unanimously approved. Continued Applications: ZBA case #22-15 Owner/Applicant: Remington’s Trust; Peter T. Lomenzo & Kerry Barton, Trustees. 61-63 A.P. Newcomb Road, Map 25, Lot 75. Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers, and Trish Metz. Brian informed the Board of the request to withdraw without prejudice. Pat made a motion to approve the request for ZBA case #22-15 to withdraw without prejudice, Jeff seconded the motion and the Board voted unanimously to grant ZBA case #22-15 to withdraw without prejudice. Chair Brian Harrison informed the Board he will not be present at the next hearing on August 8. Jeff Carter, Vice Chair will chair the hearing. Discussion on Accessory Dwelling Unit (ADU) provisions of the zoning bylaw including comments on potential bylaw amendments. Jon Idman, Town Planner and Amanda Bebrin (Planning Board Chair) addressed the Board. Amanda informed the Board that the Planning Board has taken on the ADU bylaw and has expressed a will to amend the bylaw to allow usability for all residents and create additional year-round housing. The ZBA, as a stakeholder in the ADU process, by granting Special Permits, is being asked by the Planning Board for their input. Amanda referred to the Powerpoint presentation prepared by Jon Idman that was included in the ZBA hearing packet. She informed the Board a Listening session was held with the public, stepping through the definition of an ADU, the current bylaw and a series of changes that could be considered. Jon Idman clarified Section 9 is from the Massachusetts General laws and Section 51 of the Brewster Zoning Bylaw set standards for evaluating Special Permits. He asked the Board if these standards should continue to be employed for ADUs. Pat asked if they could share the feedback from the Listening session. Amanda informed the Board the Listening session was very positive and highlighted the concerns of the participants. Some of the concerns were the barriers and the jurisdiction of the Planning Board. Where there are barriers, they should remove if it is Page 2 of 2 practical. Jon informed the Board that the Brewster ADU bylaw was adopted in 2018 and there has been a significant change in zoning since the ADU bylaw was adopted. The Board discussed possible changes and agreed more flexibility is needed. They were all in agreement that the ADU must be year-round, but the owner may not necessarily need to be a year-round resident. After the discussion Amanda Bebrin informed the Board, they will continue to provide an update. Brian encouraged the Planning Board to continue to update the ZBA and offered ZBA support throughout the process and during the Town Meeting. Jon provided the Board with a timeline outlining next steps for a draft of the changes through discussions with the public and scheduling a workshop to gather input. Once a draft is available, they will present it to the ZBA for feedback. This will also assist the Building Department in tracking during the building process. Donna Kalinick addressed the Board stating the ADU process is separate from the ACDU (Accessory Commercial Dwelling Unit). Donna thanked the ZBA for all the work they have done in the past hearing special permits for ADUs. Jon confirmed the focus is on ADUs not ACDUs. Amanda Bebrin, Chair of the Planning Board and Jon Idman, Town Planner thanked the Board for their time. Matters Not Reasonably Anticipated by the Chair: none The next meeting of the Brewster Zoning Board of Appeals is scheduled for August 8th, 2023. Pat made a motion to adjourn the meeting, Jeff seconded the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 4-0-0. The hearing adjourned at 7:54 pm. #23-13 Owner/Applicant: Russell Karasik 24 Oak Lane Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov ZBA CASE FILE # 073 -13 APPLICATION F REWSTER ZONING BOARD OF APPEALS SPECIAL PERMITLVARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) NAME OF APPLICANT Russell Karasik REPRESENTATIVE PHONE NUMBER 18459439220 MAILING ADDRESS 24 Oak Lane, Brewster MA 02631 PROPERTYADDRESS 24 Oak Lane, Brewster MA 02631 CURRENT PROPERTY OWNER(S) Russell Karasik & Pamlyn Atkins REGISTRY OF DEEDS TITLE REFERENCE BOOK 35124 PAGE 224 OR 3 ' CERT. OF TITLE # LAND COURT # PLAN # TOWN MAP # 125 LOT # 13 ZONING DISTRICT RR YEAR BUILT 1984 STATEMENT OF PROJECT Addition of one bedroom and accessible bathroom, and reconfiguration of existing deck. A section of the current deck will be removed and replaced by the room, and the remaining portion of the deck would be expanded by 11'. June 14, 2023 SIGNATURE OF OWNERORAGENT 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 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 Deck STREET ADDRESS 24 Oak Lane, Brewster MA 02631 MAP # 125 LOT # 13 ZONING DISTRICT RR YEAR BUILT Prior to 2006 List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED Back 9.9 feet 20 feet 8.93 feet • Location is used to identify the setback: I.E. front, back, left side, right side, N -north, S -south, E -east, W -west, • Fxisting 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 120' REQUIRED LOT SIZE: 15,120 sq. ft. LOT COVERAGE EXISTING % 10.76 PROPOSED % 14.26 ALLOWED % 15 SIZE OF PARCEL 15,120 sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE 1627 sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES 80 sq, ft. BUILDING HEIGHT: EXISTING PROPOSED No change SPECIAL PERMITS: 4 APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT tS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. 2!legit() o-rs vwfl- i vn, Z'te- 441A Oiled - 07e - ti J I r e, '1; VARIANCES: APPLICATION FOR VARIANCE AS SET FORTH IN M.G.L. 40A, § 10 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE VARIANCE IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. In order to grant a Variance, the ZBA must find all three of the following to be true: 0 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 LJ A literal enforcement of the provisions of the ordinance or by -taw 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 u 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. s ZBA SPECIAL PERMIT/VARIANCE/APPEAL APP REVISED 10-02-2017 Page 3 of 4 ZONING BOARD OF APPEALS FILING PROCEDURES Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am — 4:00 pm Monday- Friday. Complete application (12 copies) checklist: II Application Professionally engineered site plan Assessor's map showing the applicant's lot S Building plans, including floor layout, elevations and dimensions LI 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. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 4 of 4 125-0095 20 W z 125-0092 N125-0097 G 125-0022 HOa—Y�q,VENU� 125-0041 114-0063 1_125-1921i 88 12008/ 69 125.0005 - 89 125-0007 The dela shown on Ihls she are prov ided for in formational and planning purposes only. Th0 Town and is consultants are no t resp onsible fo r the misuse or misrepresentatio n of 100 data. 124-0017 125-0073 • 2943,02 32-2 ;125-0016 -8 0- 7 1 125-0006 125-0011 125.0004. 40 28, 16 1g4a0019 124=8020 124-0013 <9o8. 1250072 ,' 125-0071 125-00 345 125-0098 -P OND- 357 365 HOL*Y-AtVENVE 125-0017 -61 OAK.LpNE i125.000A 124.0016 200 400 ft Printed on 06/14/2023 at 03:04 PM ! 25 10 137-0019 137.0008 25 _ ,■ 5 1 7 137.0003 125-0101 13%-00D2` _` -0004 �l`wP .P Q 1 106052 1245 40021 �• .=kk 395 O 411 I2,-0023 4x 4-23 O VV �• 3 124.0007". 124.0009 137-0001 124-0005 Buildings Street Surface MINI Unimproved Gr avel/Slone Surface -Treated MMIBitunlino usConcrete Parcels Str eet s 7 MapsOnline by PeopleGIS N 3,3'49.56" VI 120,00' 0. oFcl,.. ] ,.��I f�%�%TT _ - 4 4Q 37.94,--,..)-4 .- ,--/ � —III f�,��li(? r- ' r /w IAii7 I:ri—---,/fE:fiSrlNc uuLitlric•.a% �r : ( f rfloGEv 127,03' `i a 7gf�tfi1.32 % `f i T 913..`. 0.04' 99,^ IRON PIPE t (FND) { 29 .56 ^v 0 co 0 'U 77.:9 �� h•?0 —140 3' 4y e\b 6', I20 UU' IRON PIPE r- OAK LANE 40' WIDE ZONING CLASSIFICATION RR AREA REQUIRED 20,000 S.F. SETBACKS FRONT 30' SIDE(R) 20' SIDE(L) 20' REAR 20' COVERAGE EXISTING BUILDING 10.76% EXISTING PROPOSED 15,120 S.F. ± NO CHANGE 58.09' NO CHANGE 26. 94' 20.96' 37. 04' NO CHANGE 9.99'(DECK) 8.93'(DECK) PROPOSED 14. 26% THIS PROPERTY FALLS IN FLOOD ZONE "X. AS SHOWN ON M AP NO. 25001C0419J DATED JULY 16, 2014 /C8/DH (END) LOT 120 15,120 SQ.FT. t 0.35 ACRES± SEPTIC LOCATION IS PER AS —BUILT ON FILE AT THE BREWSTER BOARD OF HEALTH '4? N O O to O .79 99 ;i x 98 .52 N --'U 1.9 4 xis ttNs O72LL Pi{• fir:, PIOGC'n 12: G3 ' /7 7,j. 1Rr-,11;1 E ,•69 ' ( &="1 L.L./ PROPOSED DECK EXTENSION a.s . _ ` 4 t. 19'56 X8.90 L_�— OAK LANE 40' WIDE 16..81' r 4.98' at;.so :IRON PIPE I \ (PI0) IRON PIPE (FND) PROPOSED ADDI EXISTING/PROPOSED CONDITIONS PLAN OF LAND IN BREWSTER, MASSACHUSETTS AS PREPARED FOR RUSSELL KARASIK & PAMLYN ATK TO: RUSSELL KARASIK & PAMLYN ATKINS ON THE BASIS OF MY KNOWLEDGE AND INFORMATION, I FIND, THAT AS A RESULT OF A SURVEY MADE ON THE GROUND TO THE NORMAL STANDARD OF CARE OF PROFESSIONAL LAND SURVEYORS PRACTICING IN THE COMMONWEALTH OF MASSACHUSETTS, THE LOCATION OF THE D WELLING I5 AS SHOW N HEREON . �� JUNE 6, 2023 6,E1 . DATE PROFESSIONAL LAND SURVEYOR PLAN REFERENCE: PLBK .245 PG.145 (LOT 120) LOCUS ADDRESS: 24 OAK LANE BREWSTER SCALE: 1.30' DATE DRAWN: APRIL 26, 2023 REV.06-06-23 FILE: 3069-00 PAUL E. BESET -A N PROFESSIONAL LAND SUR' P .O. BOX 1146 DENNISPORT, !IA 0261 (508)737-7880 Erika Glidden From: Building Sent: Monday, June 5, 2023 10:02 AM To: drmallard@gmail.com Subject: 24 Oak Lane - Special Permit Friday, June 2, 2023 To: Zoning Board of Appeals Cc: Mr. Russell Karasik From: Building Commissioner, Davis Walters Re: Special Permit for 24 Oak Lane, Map 125 Lot 13 I have reviewed the proposal to expand your deck and house as we had discussed. Given that the existing deck already extends into the rear property line setback, I refer you to the Zoning Board of Appeals to apply for a Special Permit to allow an increase of this existing dimensional pre-existing, non- conforming condition as shown on the plan you provided. Should you have any questions, please contact this office or Ellen Murphy in the Planning Department. Regards, F. Davis Walters, M.C.B.O. Building Commissioner Town of Brewster Building Department 508-896-3701 x 1226 Beginning March 21, Brewster Town Offices will be open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov 1 EXISTING FIRST FLOOR ( 1/8".= 1 ) IBC Dcatgne . LLC A 50 R. CABP.V. fl7Ta2e1 BATH. 01 j, CLO. KITCHEN CLO. BEDROOM CLO. #1 DECK 3 SEASON RM. DINING LIVING LJ LJ CLO. BATH. cLo. ��— BEDROOM #2 I - -I I I LJ LOFT OPEN TO BELOW I--I r1 I I I I LJ LJ EXISTING SECOND FLOOR ( 1/8" = 1' ) ALL CONSTRUCTION TO BE PERFORMED IN STRICT COMPLIANCE WITH THE MASSACHUSETTS STATE BUILDING CODE, NINTH EDITION AND W000 FRAME CONSTRUCTION MANUAL FOR ONE- AND TWO-FAMILY OWEWNGS FOR EXPOSURE B WIND LOADS - 110 MPH ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY, IS AT THE DISCRETION OF THE BUILDING COMMISSIONER AND WILL BE THE RESPONSIBILITY OF THE OWNER GARAGE r 1 1 I ! I 1 { { EXISTING DWELLING 1 jn EXISTING GARAGE PROPOSED ADDITION (BEYOND) PROPOSED GARAGE EXPANSION n n❑I n❑ n �❑ 1-1 I-1 I-1 11 ❑ n❑nom❑ r j 1J DOOR a WINDOW SCHEDULE AT1MS — KANSK KEY REE1 QUA. CECMP110N A MAKRI 1 MEA 8=0 CA GENT Fr x E0 2/e• e ROUGH OPENc Ro. one CAS]OR 24 5/e• x 00 AMY AWL /1M10.2 OH 20 1/e• x 40 7/e• RFPI/mET4T XAMBOA, F IM', ARE ROT MCLUDED 1 FAND.I0*0. 1 Ara 1FTe1e0e9 APIR T1• . eo• A 44 FR.Re.GLCG 2 Fro. #F6OFxe a 00 2/4' x eu• 1oFF1ED GLASS HOLD HEADER HEIGHTS 0 6'-8 UNLESS OTHERWISE INDICATED 6* STAI1OWir - USE ANDERSEN SERIES 400 H -P LOW E GLASS COLOR TO BE DETERMINED BY OWNER - OPTIONN. INIERIOR / EXTERIOR GRILLE SYSTEM - VERIFY ALL ROUGH OPENINGS PRIOR TO CONSTRUCTION - VERIFY AU_ MILLWORK PRIOR TO PURCHASE �2 5CAL FRONT ELEVATION (1/4•-1') 0 1 2 4 8 I LJ 12 I IMOilll■ IJ1y'IL MI NE =II PROPOSED ADDITION RUSSELL KARASIK and PAMLYN ATKINS 24 OAK LANE BREWSTER —FRONT ELEVATION —EXISTING FLOOR PLANS —DOOR & WINDOW SCHEDULE JANUARY , 2023 1 OF 4 PROPOSED GARAGE EXPANSION PROPOSED ADDITION EXISTING DWELLING ARV Dci(gne , LLC NMI R CABRN. eae.'rn.emt LJ PROPOSED EXPANDED DECK EXISTING GARAGE (BEYOND) I I I I LJ I I LJ PROPOSED GARAGE EXPANSION I I LJ I I LJ I I LJ EXISTING DWELLING , .. fC4r`GIrr I I LJ PROPOSED ADDITION I I LJ RIGHT SIDE ELEVATION ( 1/4- - l ) PROPOSED EXPANDED DECK ALL CONSTRUCTION TO BE PERFORMED IN STRICT COMPLIANCE WITH THE MASSACHUSETTS STATE BUILDING CODE, NINTH EDITION AND WOOD FRAME CONSTRUCTION MANUAL FOR ONE— AND TWO—FAMILY DWELLNGS FOR EXPOSURE 8 WIND LOADS — 110 MPH ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY, IS AT THE DISCRETION OF THE BUILDING COMMISSIONER AND WILL BE THE RESPONSIBILITY OF THE OWNER %2 5CA1, 0 1 2 4 REAR ELEVATION (1/4 -1') 8 12 PROPOSED ADDITION RUSSELL KARASIK and PAMLYN ATKINS 24 OAK LANE —REAR ELEVATION —RIGHT SIDE ELEVATION JANUARY , 2023 BREWSTER 2 OF 4 LEGEND ARC Design. . 1.1.0 ALAI RCABRAL 50M1TS)2Al1 DENOTES WALLS. DOORS. ETC. TO BE REMOVED NEW LAYOUT 11.-0'* UPDATED SITE PLAN TO VERIFY SETBACK TO REAR LOT UNE oasnac DECK MODIFIED ADD SUPPLEMENTAL INSULATION TO FLOOR. WAILS AND CLUNG KITCHEN LCLO. CLO. CLO. CLO. u EXISTING FAMILY ROOM REMOVE EXISTING SLIDER DINING NG AREA PROPOSED GAS FIREPLACE INSERT (WOOD FRAMED) REMOVE EXISTIN5118G WINDOW UNE OF OPEN LOFT (ABOVE) 1 —1 EXISTING I---1 I I LIVING I I I ROOM I I L —J VAULTED L —J CEIUNG ALL CONSTRUCTION TO BE PERFORMED IN STRICT COMPLIANCE WITH THE MASSACHUSETTS STATE BUILDING CODE, NINTH EDITION AND WOOD FRAME CONSTRUCTION MANUAL FOR ONE- AND TWO-FAMILY DWELLINGS FOR EXPOSURE B WIND LOADS - 110 MPH ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY, IS AT THE DISCRETION OF THE BUILDING COMMISSIONER AND WILL BE THE RESPONSIBILITY OF THE OWNER EXISTIN0 LANDING & STAIRS UP FROM GARAGE r EXTENDED DECK RELOCATED STAIRS UP TO EXISTING / EXTENSION DECK 5'-0' s'-2 Y 5'-G' NEW BEDROOM #3 A=403 ± SF. --- L--- L ixil pocket dr. ( W —IN CLO. pock* dr. NO 12'-10' NEW BATH. 42' runny LA' PROVIDE r RATED REMOVE SHFETROCK CK IN IN GARAGE EXISTING ALONG PROPOSED ADDITION DOOR i I II II II II II REMTNE WALL / CONCRETE CURB —RUN SLAB THRU INTO EXPANDED GARAGE II II EXISTING — EXPANDED I I GARAGE A = 1µI * SF. Ti I NEW 14' W. x 7' ht GARAGE DOOR 8'-0' GARAGE EXTENSION EXTEND 1I APRON u OVERALL �2 CCAI, 0 1 2 4 8 T -I PROPOSED ADDITION 12 TITLENI O�—l— -�- FIRST FLOOR 1/4" = 1' ) RUSSELL KARASIK and PAMLYN ATKINS 24 OAK LANE BREWSTER —PROPOSED FIRST FLOOR ADDITION PLAN JANUARY , 2023 3 OF 4 ADDITION FOUNDATION PLAN ( 1/4"=1') • VERIFY ALL DETAILS WITH BUILDER ADJUST AS REQUIRED COSTING DECK 11'-0't DECK EX1QI5ION. 5'-5'* 3'-8' NEW r x 8" COMPOSITE DECKING (tj" SPACING) (4) 12" x 48" CONCRETE PIERS a �ol D(TENDED gym DECK o (ABOVE) 22'-5" ADDITION 11 r 16" x 10' CONTINUOUS FOOTING 8' x CONCRETE FROST/KNEE WALL ADJUST WALL HEIGHT AS SIZE CONORIONS DICTATE EXISTING FAMILY RM. PROVIDE 38" x 36" CRAWL SPACE ACCESS DOOR (VERIFY LOCATION W/ OWNER FOUNDATION VENT (TYP.) 2" x 10" FLOOR JOISTS, 16" 0.C. POCKET (TIP.) • CRAWL SPACE 2" CONC. DUST SLAB 2" x 10" FLOOR JOISTS, 18" O.C. 11'-2 }' 11'-2 }" DOWEL NEW FHUSI WALL INTO GARAGE FROST WALL GARAGE EXTENSION FOUNDATION PLAN ( 1/4"=1') • VERIFY ALL DETAILS WITH BUILDER ADJUST AS REQUIRED ARC Deafens . HAN RCABRAL� 506.13]5281 /r 16' x 10" CONTINUOUS i0'RNG( mlPa �3a nr DOWEL rncAu WALL INTO DOSING FOUNDATION WALL REMOVE WALL / CONCRETE CURB -RUN SLAB 'EMU INTO EXPANDED GARAGE EXISTING GARAGE w SET TOP OF FOUND. TO MATCH EXISTING GARAGE FOUNDATION Z N Aco SO DROP WALL 12' AT GAR DOOR 14' ht. OVERHEAD GARAGE DOOR /0 i CONCRETE � CItRACE SLAB RUN SLAB TE6*5 A5 APRON (0TTEN0 APRON ALL CONSTRUCTION TO BE PERFORMED IN STRICT COMPLIANCE WITH THE MASSACHUSETTS STATE BUILDING CODE, NINTH EORION AND WOOD FRAME CONSTRUCT10N MANUAL FOR ONE- AND TWO-FAMILY DWELLINGS FOR EXPOSURE B WIND LOADS - 110 MPH ANY STRUCTURAL ENGINEERING REVIEW, IF NECESSARY, IS AT THE DISCRETION OF THE BUILDING COMMISSIONER MID WILL BE THE RESPONSIBILITY OF 11-10 OWNER 5 0 E 8" x 4'-0"± CONCRETE rltuST/CURB WALL Z` 0 44 INSULATION: 9" FG INSUL •• R30 FLOORS 8" FG INSUL - R20 WALLS 7 }" CLOSED CELL SPRAY FOAM INSUL •• R51 CE1UNGS ASPHALT SHINGLES/ 1/2" PLYWOOD —1 SHEATHING PROVIDE r P1RE-RATED SHEETROCK IN GARAGE ALONG PROPOSED ADDITION opINSU1 GARAGE INSULATION: 3 0 DOM CELL SPIRY FO• - 822.1 0115 T 0 0x6E0 CELL SPRAY FONT -161 LTx60S tog SA 10. SPI/NINOIO5I'-0' 0.0. Oral- �GpER VIOL 110 T a Y x 1/4" PRATE 519ER5 6'-0" EV CORNER STRAPS, PROVIDE (2) SIMPSON LSTHD8 HOLDOWN5 AS SHOWN 5/8" ANCHOR BOLTS O.C. MAX. &W/IN 1' OF ALL CORNERS USE 3' x 3' x 1/4" PLATE WASHERS lir PLY0300 VOW 06110 1101 DEIAE 91PSON HZ'N IORRICHE CUPS EA RK106 CORER 0RIP6 PROBE Sip% 15006 *0 94054 5151.50 (SOLI®) 1C x t0' COMINDSUS CONCRETE FrO. Oro.) L_ ADJUST TO MATCH E0I5RNG FAMILY RM. ROOF PITCH 1�2 2 } ± — BUILT-UP 2" x 4" STUD WALL 0 18" O.C. 2" x 10" FLOOR JOISTS 0 16" 0.C. 3/2 010" T x 10. NOCE 1 ADAM 10 KOOI DARN GARAGE RCCF FITO1 I2 03 r PROVIDE SOUD BLOCKING AT PANEL EDGES PERPENDICULAR TO FRAMING MEMBERS IN THE FIRST TWO JOIST BAYS 0 4'-0" (FLOOR & ROOF) FRAMING SECTION "M" ( 1/4" = 1' ) • VERIFY ALL DETAILS WITH BUILDER 2" x 10" RAFTERS, ADJUST AS REQUIRED 0 16" 0.C. • ALL ENGINEERED LUMBER PER MANUFACTURER'S SPECIFICATIONS 3/4" T & G ADVANTECH SUB FLOOR (N & G) 0 1 2 * VERIFY ALL DETAILS WITH BUILDER ADJUST AS REQUIRED %2 SCAL FROOE36'a3C Mat SPACE ACCESS 00R A5 50000 t CONC. DUST SLAB (3) 3 X" LALLY COLUMNS ON 30"x30"x12" FTG'S. (TYPICAL) PROROE SOLO MOCKING R PANEL EDGES PFIVEIQIpW1 10 MHG Walla M IRE FIRST IVO JOIST 0055 • P-0' (ROOF) MATCH DUSTING TRIM DETAIL SIMPSON H2.5A HURRICINE CUPS EA RAFTER 2" x 6' x 7'-4"± 1/2" PLYWOOD — STUD WALL — EXTERIOR 0 16" O.C. SHEATHING (RUN CONTINUOUS TO (TO MATCH ENGAGE SILL & 0051190 51UO5) TOP PLATE) PROVIDE SOLID BLOCKING FOR FULL PERIMETER NHUNG — 2"x 6' PT SILL ON SEALER (BOLTED) •• SET TOP OF FOUNDATION TO MATCH COSTING FLOOR ELEVATION - T a C-0'2 - MAW WALL IEECT CONCRETE AS 51E 000006 FROST FAL 12051E Y x T RAFTERS, 101511 003100 0 18. 00. CANOE M 10" a 10' CONCRETE FT0 LT103 1/2. PI -09000 EXMOOR SHEARING (RUN D 5y. 6 TOP RIO6J PRIME MOO ROOMS FOR FULL PB0EIER 11AA610 4 T x CONROE CIRIB/FW5T •• SET TOP OF FOUND. TO MATCH 00511NG GARAGE FOUNDATION 8 USE 5 8" x 10" BOLTS SPACED 5'-0" O.C. W/INCRNERS ALL USE 3" x 3"x 1/4' PLATE WASHERS 12 1111• — -�- - -err PROPOSED ADDITION RUSSELL KARASIK FRAMING SECTION "N" (3/16'= 1' ) • VERIFY ALL DETAILS 1111111 BUILDER ADJUST AS REQUIRED and PAMLYN ATKINS 24 OAK LANE —FRAMING SECTION "M" —FRAMING SECTION "N"' —GARAGE EXTENSION / ADDITION FOUNDATION PLANS JANUARY , 2023 BREWSTER 4 OF 4 Application#23-13 www.brewster-ma.gov Page 1 of 1 7/31/2023 DEPARTMENT REVIEWS Application #23-13 APPLICANT: Russell Karasik REPRESENTATIVE: MAP/LOT: Map 125, Lot 13 PROPERTY ADDRESS: 24 Oak Lane Received from: Health Dept. Comments received from Sherrie McCullough The health department file indicates an existing 1984 Title 5 compliant system with a total daily flow of 330 gallons per day (gpd) servicing an existing two-bedroom dwelling. The dwelling is located on a 15,120 SF lot and is serviced by town water. The lot does not lie with the zone of contribution (Zone II) or the District of Critical Planning Concern (DCPC). It does lie with the Namskaket Creek Embayment. The existing septic system has not been inspected since 2006. A current Title 5 Inspection Report will need to be submitted and a Building Waiver Application as well. A full review of the proposal will be required by the health department prior to final approval. Fire Dept. Comments received from Chief Moran The addition of bedroom requires full upgrade of smoke and carbon monoxide detection system to current standards, FD plan review and final inspection required. Building Dept. Comments received from Building Commissioner Davis Walters The Building Dept has no comments to add at this time. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Town of Brewster Board of Appeals As an abutter am writing to support ZBA Case #23-13 Owner/Applicant, 24 Oak Lane, Map 125, Lot 13, in the RR zoning district. This project will add value to the homeowner as well as the neighborhood. Respectfully, Greg and Marybeth Mangini 41 Oak Lane Brewster, Mass 02631 RECEIVED JUL 27 2023 BREWSTER PLANNING BOARD ZONING BOARD OF APPEALS RECEIVED JUL 282023 Jacquelyn Tellier BREWSTER PLANNING BOARD ZONING BOARD OF APPEALS George Penner Town of Brewster, Board of Appeals 2198 Main Street, Brewster, MA 02631 July 20, 2023 55 Oak Lane Brewster, MA 02631 J-508.344.4422 jetxoxPgmail.com G-617.593.3302 gpennerPaol.com We received the attached abutter notice for our neighbor Russell Kirasik, 24 Oak Lane. TdIvri of 1411 er Board of_Appeals 2148 Main* Sprees, Bet water, MA 02631 508-896-3701, ext- 1168 To the Abutters: You arc hereby notified that a public hearing will be held at 7:00 p.m. at the Town Hall with respect to this petition/appeal requested by the appellant therein stated. As an abutter, you have the right to offer comments if you so desire by appearing in person or by letter addressed to the Brewster Board of Appeals, on the petition of 26A Case a73-13 Owner/Applicant: Russell Karasik, 74 Oak Line, Map 125, Lot 13, in the RR zoning district. The applicant set $ a special permit pursuant 10 Section 179-250 of the Brewster Zf-ring Bylaw to W1ter and extend the pre-existing, nun containing s=? e• family dwelling oy expanding the deck and building an : dditici which encroach turttter intn the reqdred rear yard setback. Hearing date: Tuesday, August 8, 7023, at 7:00 PM, Town reap Any plans or additional materials which have been filed with the Board may be reviewed during business hours at the Board of Appeals Office. We are writing this letter to notify the Board that we approve of Mr. Kirasik's plans for his renovation and addition without any reservations. We hope that the Board will also make an affirmative decision of approval. Warm regards, Jacquelyn Tellier George Penner Page 02 #23-14 Owner/Applicant: Captain Del Associates, Inc. Represented by: Andrew L. Singer, Esq. 261 Linnell Landing Road 1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 _____________ www.singer-law.com Myer R. Singer (1938-2020) Brewster Board of Appeals Case File # 23-14 SUMMARY OF REASONING Captain Del Associates, Inc. [“Applicant”], owns the property at 261 Linnell Landing Road in Brewster [“Property”], which is commonly known as Linger Longer By the Sea. The Property is located in the R-M Zoning District and is pre-existing nonconforming as to use and number of principal structures (accommodations and multi-family dwelling uses in eight buildings). The main residential building (six units total) was built in the early twentieth century. The seven detached residential buildings (seven units total) were built in the early-mid-part of the twentieth century, and six of them have previously been redeveloped after review by the Board of Appeals. The long-time owners of the Property, the Delahanty Family, are retiring after operating the property for several generations. The proposal by the Applicant regards use only. No requests are being made to make physical changes to any of the buildings at this time. A variance was granted in 1973 (Decision 73-14) to allow multifamily dwelling use in the main building. Special permit decisions were granted in 1996 and 2006, respectively (Decision 96-36 and 06-04), to raze and replace several of the detached residential buildings as pre-existing nonconforming structures. In order to best preserve the existing development and character of the Property, the Applicant desires to confirm year-round use of each of the thirteen (13) existing residential dwelling units. It is the Family’s sincere belief that the proposal is the best way to ensure continuation of the traditional setting and ambiance of the Property as opposed to a single sale that would likely result in demolition and redevelopment as a large, estate-style single-family property. 2 The Applicant is applying to either modify the prior relief (Decisions 73-14, 96-36, and 06-04), if and as necessary, or for a new special permit under Sections 179-25B and 179-28 of the Brewster Zoning By-Law [“Zoning By-Law”] and M.G.L. Chapter 40A, Section 6, to confirm year-round use of the entire Property in the existing main building and detached dwellings. The Brewster Building Commissioner referred the proposal to the Board of Appeals for a “…Special Permit…under Brewster Zoning Bylaw Section 179-25B to change, alter or extend a pre-existing nonconforming accommodations use, provided that the Board finds under Section 179-28A that the proposed multi-unit residential use is not a substantially different use from the current one.” Accompanying the Application are site and floor plans as well as photographs of the Property. The Board of Appeals is authorized by Section 179-25B of the Zoning By-Law to grant special permits to allow changes, extensions, and alterations to pre-existing nonconforming structures and uses if the Board finds that such change, extension or alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming uses. In addition, Section 179-28A of the Zoning By-Law authorizes the change of any nonconforming use to another nonconforming use, provided that such requested change is not a substantially different use and that the Board of Appeals grants a special use permit as an exception. The Zoning By-Law clarifies that the analysis of “substantially different use” is to consider whether, “by reason of its normal operation, [the use] would cause readily observable difference in patronage, service, sight, noise, employment or similar characteristics from the existing nonconforming use or from any permitted use in the district under question.” The Applicant respectfully submits that the proposal will not be substantially more detrimental than the existing nonconforming conditions nor will it result in a substantially different use because: 1. The existing thirteen (13) residential dwelling units will continue to be individually used for residential use by one family each, and the multifamily use of the main building permitted by the 1973 variance will remain the same; 2. Confirming year-round use of all of the dwelling units will effectively result in a change of operation and not a change in use. There will be no readily observable differences in patronage, service, sight, noise, employment or similar characteristics at the Property; 3. The existing open space, stone walls, and beach access will remain the same; 3 4. The principal goal of the proposal is to best ensure the preservation of the long-time character of the site. There will be no physical changes to the buildings, and any future changes to any of the buildings will require appropriate zoning review and approval; 5. With one exception (the rear setback of Building 3), the buildings conform to all front, side, and rear yard setback requirements applicable to the Property; 6. Building coverage on the Property (10.5%) is conforming and will not change; 7. The existing parking throughout the Property, which has historically been sufficient for the use of the buildings, will remain the same but be better marked to identify each dwelling unit’s dedicated spaces plus general visitor parking; 8. It is anticipated that the consistent renting of the dwellings on the Property that has historically taken place for many decades will be reduced in intensity as individual owners use their units more often; 9. There will be no negative impact on traffic flow and circulation; 10. There will be no negative impact on water supply or drainage; and 11. The proposal will not adversely affect the public health, safety, convenience or general welfare of the Town. If there is a question as to potential applicability of Attachment 2 (Footnote 11) of the Zoning By- Law, the Applicant further submits that this Footnote is a) not applicable, and b) even if it were, the provisions are satisfied in this instance. The term, cottage, is not defined in the Zoning By-Law, and a so-called cottage is the same as a one-family detached dwelling as defined. In addition, the underlying lot not only meets the minimum zoning requirements, but it also complies with the minimum single-family requirements in the RM Zoning District. For all of the above reasons, the Applicant respectfully requests that the Board make findings that the proposal will not be substantially more detrimental to the neighborhood nor will it result in a substantially different use and grant a Special Permit to confirm year-round use of the entire Property in the existing main building and detached dwellings. Application#23-14 www.brewster-ma.gov Page 1 of 1 8/3/2023 DEPARTMENT REVIEWS Application #23-14 APPLICANT: Captain Del Associates Inc. REPRESENTATIVE: Andrew L. Singer, Esq. MAP/LOT: Map 103, Lot 13 PROPERTY ADDRESS: 261 Linnell Landing Road Received from: Town Administration Comments received from Donna Kalinick, Asst. Town Manager Please note that it appears that the applicant is turning the units into condominiums to be sold off individually. Though the applicant is stating, they will be year-round use, it is more likely that these will be condos that are purchased by second homeowners or for investment as short term rentals, given the proximity to Linnell Landing and the historical use. The requested change will not result in the creation of more year-round housing opportunities for Brewster residents. It would be good to know how much the owner intends to sell each unit for. If this is considered a variance, it is not in-line with variances that the ZBA has granted in the past, such as Serenity Brewster, that resulted in both affordable and market rate year-round rental units. The Town Landing and parking lot has not been and will not be available for overflow parking. During the season, the current owner has had management on-site- what will be the new arrangement for management oversight, particularly during the busy summer season. Health Dept. Comments received from Sherrie McCullough The Health Department has no additional comments or requirements for proposed changes from seasonal to year-round use of the Linger Longer dwelling units. Fire Dept. Comments received from Chief Moran The Fire Department requests signage to ensure parking in assigned spaces only and no parking fire lane signage. FD shall approve fire lane signage prior to install. Building Dept. Comments received from Building Commissioner Davis Walters The Building Department has no comments to add at this time. Planning Dept. Comments received from Town Planner, Jon Idman It does not appear that the proposed use would trigger site plan review or staff review. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov #23-15 Owner/Applicant: George E. Martin and Lorraine M. Spenie Represented by: Mark H. Boudreau, Esq. 169 and 173 Paines Creek Road Application#23-15 www.brewster-ma.gov Page 1 of 2 7/31/2023 DEPARTMENT REVIEWS Application #23-15 APPLICANT: George E. Martin and Lorraine M. Spenie REPRESENTATIVE: Mark H. Boudreau, Esq. MAP/LOT: Map 36, Lot 15 PROPERTY ADDRESS: 169 and 173 Paines Creek Road Received from: Health Dept. Comments received from Sherrie McCullough After review of the proposed work to divide the above referenced parcel of land containing two principal single-family dwellings into two lots, each containing a principal single-family dwelling, is Title 5 and local Brewster Board of Health required minimum setback distances to existing and future septic components must be maintained. Fire Dept. Comments received from Chief Moran The establishment or continuance of a 14’ wide x 14’ high driveway by owner is recommended to ensure fire department access to dwellings during emergency incidents. Building Dept. Comments received from Building Commissioner Davis Walters The Building Department has no comments to add at this time. Planning Dept. Comments received from Town Planner, Jon Idman Should the ZBA grant the variance, the applicant will also require ANR plan endorsement from the Planning Board for the land division. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov #23-16 Owner/Applicant: Maura and David Clancy Represented by: Thomas A. Moore Design 216 Common’s Way Application#23-16 www.brewster-ma.gov Page 1 of 1 7/31/2023 DEPARTMENT REVIEWS Application #23-16 APPLICANT: Maura and David Clancy REPRESENTATIVE: Thomas A. Moore Design MAP/LOT: Map 97, Lot 76 PROPERTY ADDRESS: 216 Common’s Way Received from: Health Dept. Comments received from Sherrie McCullough Health Department files indicate an existing 2002 Title 5 system with a design flow of 330 gallons per day (gpd) servicing an existing three-bedroom dwelling. The existing dwelling is located on a 18,918 SF lot and is serviced by town water. The lot does lies within our Zone of Contribution (Zone II), the District of Critical Planning Concern (DCPC), and the Pleasant Bay Embayment. The proposed work will not increase flow to the existing septic system however, this department will need a current Title 5 Septic Inspection Report as well as a Building Waiver Application. Full review of the proposal will be required by the Health Department prior to final approval. Fire Dept. Comments received from Chief Moran Proposed addition requires full upgrade of smoke and carbon monoxide detection system to current standards, FD plan review and final inspection required. Building Dept. Comments received from Building Commissioner Davis Walters The Building Department has no comments to add at this time. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Thursday, July 20, 2023 Zoning Board of Appeals Attn Ellen Murphy 2198 Main Street Brewster MA 02631 ZBA Case #23-16 Dear Members of the Zoning Board of Appeals, I am writing in support of the application for a variance at the property 216 Commons Way, Brewster. The application for an addition to a pre-existing, non-conforming SFD would not only enhance the home and property but also be beneficial to the neighborhood. My Husband and I are abutters at 211 Commons Way and have no objection to the plan submitted. The applicants (Maura and Jeff Clancy) have discussed the project with us and we feel the addition will further improve the aesthetic and quality of our street. In addition, I am familiar with the designer they have chosen (Thomas A Moore) and feel very confident in the quality of his work and the respect he demonstrates for Brewster as a town resident. I encourage you to grant the variance as requested. Kindest Regards, Jessica and Curtis Gelatt 211 Commons Way Brewster MA 02631 (585) 469-1364