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Home My Public Portal AboutZBA Hearing Packet 11/14/2023ocke. WS EIDERBA .9 =0i 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 ZBA MEETING AGENDA 2198 Main Street Room B November 14, 2023 at 7:00 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in -person vs. virtual attendance accordingly. Members of the public who wish to access the meetings may do so in the following manner: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://'us02web.zoom.us ji88076668068?pwd=b3IXWnMwM2tybTk4SzIKMk5vT3NTUT09 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 8), Llvestream (i've streeam.bref4ster-ova go,v), or Video recording () 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 September 12, 2023 Meeting Minutes 7. Applications: New Applications: ZBA Case #22 -04 -MOD Owner/Applicant: Sean and Ellen Darcy, 61 Considine Road, Map 66, Lot 5, in the RM zoning district. The applicant seeks a modification to Special Permit Decision #22-04, requesting revision to the condition concerning the allowable height of the subject residential accessory building. 8. For your Information 9. Matters Not Reasonably Anticipated by the Chair 10. Next Meeting: December 12, 2023 11. Adjournment Date Posted: Date Revised: Received by Town Clerk: ' iic i6 'f BREUSTFR ioN ER!'( Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Town Hall Room B Tuesday, September 12, 2023, at 7 PM Brian Harrison, Chair, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers, Bruce MacGregor, and Trish Metz. Also present: Andrew L. Singer, Esq. (ZBA #23-17), Jon Idman (Town Planner), 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 August 8th 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 August 8th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were approved by a majority vote, Brian Harrison was absent at the last meeting and did not vote. New Applications: ZBA case #23-17 Owner/Applicant: Allen and Jodie Cash-Eddy, Trustees of Jodie A. Cash Revocable Trust, 23 and 33 Franklin Cartway, Map 50, Lot 11 and 12 in the RM zoning district. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz. Attorney Andrew Singer, representing the applicants addressed the Board informing them the request is for a Special Permit to raze and replace, however the lot is changing. Currently the lot is very small, and the house is close to the lot line. The applicants negotiated with the neighbors to the rear to purchase a portion of their land to square off the lot and place the dwelling in the center of the property. Although it will decrease some of the non-conformities it will not eliminate any. The footprint of the dwelling will be slightly larger on the new lot. The increase is not detrimental to the neighborhood. It will provide the applicants with a larger home to accommodate their growing family. Attorney Singer indicated there is no change of use, no wetlands, number of bedrooms are remaining the same and no new non-conformities. He referred to the letters of support provided in the hearing packet. Attorney Singer respectfully requested the Board grant the special permit. Brian asked what mechanism was used to add on to the lot. Jon Idman, Town Planner informed the Board an ANR plan was submitted to the Planning Board, there is a section under the zoning bylaw 179-27 which allows pre-existing non-conforming lots to be reconfigured either by right or by special permit. The Town Planner and the Building Commissioner discussed this with the applicant’s attorney. It was the Town Planner and the Building Commissioner’s opinion that the configuration could be done as a matter of right. He indicated the zoning bylaw has a special dispensation for reconfiguring pre-existing non-conforming lots. Attorney Singer informed the Board that the Planning Board approved the ANR plan and if the ZBA grants the special permit a new deed will be drafted and recorded. Attorney Singer highlighted lot 23 on the plan provided with the hearing materials. He referred to the department comments included in the hearing packet and informed the Board the applicants will follow up regarding the Water Department comments. Pat made a motion to open to public input, Trish seconded the motion, all were in favor of opening up to public input, there being no public input, Pat made a motion to close to public input, Jeff seconded the motion, all were in favor to close to public input. The Board discussed the request to grant a special permit. After Page 2 of 2 discussion, Trish made a motion to grant a special permit with the condition to record the ANR plan and the deed, Pat seconded the motion, a vote was taken, and the Board unanimously granted the special permit. For Your Information: Jon Idman, Town Planner addressed the Board providing an update on the amendments to the Accessory Dwelling Unit (ADU) Bylaw. He indicated through a series of listening sessions and public meetings the Planning Board has now prepared draft amendments to the ADU provisions to the Select Board. They are about to begin the statutory zoning hearing process under Chapter 40A. A hearing will be held on Wednesday, September 13, 2023. The Planning Board received a lot of positive comments from the public sessions and the draft being presented reflects the goal to liberalize the creation of ADUs for the purpose of a tool for the year-round housing issues facing the area while including more conservative language around not allowing use for commercial and short-term rentals. It was proposed the Planning Board would be the issuing body for ADUs going forward. He stated the Planning Board is hoping this will go to Town Meeting on November 13th. Matters Not Reasonably Anticipated by the Chair: The Board discussed the Volunteer Day scheduled for Saturday, September 30th. Ellen will provide an information sheet and applications for vacancies on the Board. There will be no hearing in October, the next hearing of the Brewster Zoning Board of Appeals is scheduled for November 14th, 2023. Trish made a motion to adjourn the meeting, Pat seconded the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. The hearing adjourned at 7:36 pm. \\o\a0"x'E vs14 r' F 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 # 22-04—r1O1 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 Sean & Ellen Darcy REPRESENTATIVE PHONE NUMBER 617-939-1988 MAILING ADDRESS 61 Consodine Rd, Brewster, MA 02465 PROPERTYADDRESS 61 Consodine Rd, Brewster, MA 02465 CURRENT PROPERTY OWNER(S) Sean & Ellen Darcy REGISTRY OF DEEDS TITLE REFERENCE BOOK PAGE OR CERT. OF TITLE # LAND COURT # PLAN # TOWN MAP # 66, LOT # ZONING DISTRICT i2 t" YEAR BUILT 1991 STATEMENT OF PROJECT Request to modify the condition in the existing Special Permit 22-04 that was granted at the ZBA hearing held on 12 April 2022 to a new ''As Built" Shed measuring 11'3"W x 18'3"L and 13'2" H has been built and completed on site. As described in our previous applications to the Historic Commission and Zoning Board of Appeals, the model standard sized shed proposed and since selected to conincide with the Cape Cod and Brewster Historic District has been completed and we are requesting a memoralizing for this project. SIGNATURE OF OWNER OR AG ` T FOR OWNER DATE Zoz NOTE: This petition is NOT COMP - E until all information is provided. Accuracy of this information is the responsibility of the petitioner. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 1 of 4 PATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other N/A STREET ADDRESS YEAR BUILT MAP # LOT # ZONING DISTRICT List only the nonconformities below: Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED • j,ocatiork 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 • Reauired 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: 0 APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. VARIANCES: w 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 A. The new structure does not affect soil conditions, shape or topography ofthe land. B. Tile G1ic1116A I moats 1.11 dlld wlislauul 11.111b iiew ahed IIIddIIGuii lu dli (IHe leydt (Alb t5 denwn56dtmy tlidL 11 le previous shed was in it's existance for greater than 20 years has been significant. f. The new stricture is out of public viewaligns with the Cape Cod architecture and the Brewster Historic District_ v APPEAL IN ACCORDANCE WITH M.G.L. 40 A, § 8,14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3of 4 ZONING BOARD OF APPEA!S 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 (12copies) checklist: v Application v Professionally engineered site plan Assessor's map showing the applicant's lot v Building plans, including floor layout, elevations and dimensions Decision letter from the zoning agent, if applicable v $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.corn/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 02 October 2023 Dear Brewster ZBA Chairman/Committee, Thank you for hearing both our appeal to Commissioner Walter's notice received in June 2023 and the special permit application for a variance to memorialize our new shed as built. Following to the approval of the ZBA in April 2022, our old shed was demolished and per our application "Exhibit A" to Old Kings Highway and the Brewster ZBA that standard shed was ordered per "Exhibit B." In order to reduce the height of the new shed (a smaller shed would have to have been custom built) we requested excavation of the site to reduce elevation of the natural ground. Prior to building our new shed we engaged a local surveyor Ryder & Wilcox to support our request "Exhibit C." A certified plot plan is attached for reference. In March 2023, our new shed was registered with the town of Brewster and completed. In June 2023, Commissioner Walters notified us that our neighbors, the Ladds, provided measurements of our new shed to the town which were apparently larger than we had ordered. At that time, they also requested of the town that a gutter and downspout be added to the new structure. The Darcys and the Ladds entered into an agreement in early 2022 whereby the Darcys agreed that should the old shed remain; a gutter and a downspout would be added. However, the Darcys in a good faith effort to reconcile a situation not created by us, agreed to proceed with demolishing the old shed and building a new shed 2 feet back from the property line (the new erected shed as built is 2.5 feet back from the property line). To accommodate the 2 -foot setback, mature trees including native Pines and Oaks were removed. As part of that agreement the Ladds agreed to remove their "No Trespassing" signage "Exhibit D" they hung on our side of the fence in addition to removing any and all concrete boundaries installed by the Ladds on the property line. The Ladds never sought permission to trespass and survey or measure any objects on the Darcy property at any time. During this past summer we engaged builders and surveyors to explore options to lower our new shed by 1 foot 2 inches. In July we discussed our options with the Brewster Building department. The costs of Page 1 of 2 altering the height of the new shed were extraordinary. We appeal to the ZBA to grant us approval of this new shed "Exhibit E" as built. We note that in recent cases in Brewster, the ZBA has approved sheds greater than 12 feet and in one particular case on a lot line and not required a setback. When the Ladds applied to the town of Brewster to erect the only solid 6 -foot wood fence between neighbors in this historic neighborhood, we did not contest. We ask that the ZBA consider all the facts presented on this case and our best intentions to remain in compliance with the Brewster Zoning By -Laws and the Brewster Building Department. Sincerely, Sean & Ellen Darcy 61 Consodine Rd, Brewster, MA 02631 Page 2 of 2 Exhibit "A" Application of Sean Darcy and Ellen Darcy for Special Permit or in the Alternative for Variance relative to the demolition and construction of a storage shed at 61 Consodine Road, Brewster. Cape Cod Style Shed • 30 Yr Architectural Roofing Shingles to Match House • 10/12 Roof Pitch (2x6 Fir Rafters) • Standard Trim • Gutter/Downspout (18ft/10ft) North Wall only • Fir Timber Frame • 8' Wall Height • Floor Joists 2x8 —14" O.0 • Sonotube or Concrete Piers • 1x12 Pine Board Roofing or 5/8" Tongue/Groove Plywood • 1x12 Pine Board Siding Pre -Primed Clapboard Siding to Match House Color • 5/8" Tongue/Groove Plywood Flooring • Double Door Panels Front with Primed Handles • Singlepoor Panel Rear with Primed Handle • 12" Hinges Black (9) • 2 Windows 24X41 PVC with Screens Style Example "Exhibit B" PINE HARBOR Mill) 1'krw1;t. C', 1 326 Yarmouth Rd. 1 Hyannis, MA 02601 1 508.771.5007 1 Fax 508.771.70701 ltyannis@pineharbor.com 259 Queen Anne Rd. 1 Harwich, MA 026451508.4330.28001 Fax 508.430.11151 info@pincbarbor.cotn 1.800.368.SHF.D 1 www.pineharbor.com Ship To Sean Darcy 61 Consodine Road Brewster, MA 02631 Customer Phone Customer AIR. Phone Qty Item Description -- Price ! Cape Coddcr Sign... Custom Size 11' x 18' Cape f s+d r r 10" Sonotuhe Footings 6 10" Sonotubes 3/4' Advantech T... 3/4" Advantech Tongue & Groove Flooring 6' Double 2 panel ... 6 Double 2 Panel Beaded Doris - Ponied Cottage Trim P.V.C. Cottage Trim 2 24"x44" Double 24X44" vinyl Double Hung Windows with Grilles applied Primed Cedar CIa... Primed Clapboards Front Wall Primed Cedar CM . Primed Clapboards Gable Endo + Back Wall Bracket Door Can... Door Canopy Installation Cape Installation Cape Cockier Timberpanet Fir Frame System, Loft. Ramp, (2) p.v.c. Vents. pi. floor frame Shed Site Work Crushed Stone Exhibit C Summary E-mail sent to Ryder & Wilcox — January/February 2023 "I am requesting your guidance/proposal for a new shed install (11 X 18 X 12ft high) located at 61 Consodine Rd, Brewster, MA and am looking for the following; A measure from the "natural" ground before excavation and that it is irrelevant if the new shed structure is more than 12' from its base to its top, only that it be no more than 12' from the level of the ground before excavation. This is because 1. The Brewster ZBA decision on my application for special permit, attached, provided as a condition that "The proposed structure shall not be more than 12 feet in height as measured by the Brewster zoning bylaw." and 1. It is my understanding that the Brewster zoning bylaw provides this definition of "Height": The vertical distance from the mean level of the adjacent natural ground to the top of the structure, measured at the highest roof beams of a flat roof or the highest gable or slope of a hip roof. [Amended 5-14-1990 STM, Art. 5; 5-2-2005 ATM, Art. 29] §179-2 Definitions https://ecode360.com/7606500 The measurements I am looking for your services (based on my understanding) include: 1. horizontal: two feet from the south of the Ladd (Thomas Ladd)/Darcy common property line north to the location where the new shed is to be constructed on our property. 2. vertical — before construction of the new shed: the location of the "natural ground": 3. vertical — after construction: to confirm that the new shed is " not more than 12 feet in height as measured by the Brewster zoning bylaw" Thank you, Sean Darcy" Exhibit D Pr ofess ional Lan. Survey or RYderilcox SURV EYING •ENGINEERING HOME PLANNING & DESIGN 3 G IDD IAH HILL ROA D P.O. BO X 439 SO . O RLEANS, MASSA CHU SETTS 02662 TEL: 508.255.8312 FAX: 508. 240.2306 SHED RIDGE EL = 62. 5' AVG FINAL GRADE = 49.3' HEIGHT = 13.2' ) cn H- 216. 57' 49x 49x2 SHED O0 (18'3"x11'3' H---42.2'_-� HE 278.54' .1 cer tify that the structures shown here on are loc ate d as the y e xist on the ground Date. 157. 0'± LOT 3 62,803 S.F. ± 1.44 AC. ± Certified Pl ot Plan Location 6/ C onsocline Road Brewst er, AM prepa red for Sean Dar cy Scale: 1" = 40' Dat e: May 8, 20 23 Reference: A ssr' s. Map 66', Pol. 5 Pr Bk . 451, P g. 9 59.84' 5 86 '19'24" W CB FND • co CB FND Job No. 4401 2024 Zoning Board Filing Deadline November 28 Hearing Date* Advertisement Dates December 22, 29 January 9 January 2 February 13 January 26, February 2 March 12 January 30 February 22, March 1 February 27 April 9 March 22, March 29 April 2 1 May 14 April 26, May 3 April 30 June 11 May 24, 31 May 28 July 9 June 21, 28 July 2 August 13 July 26, August 2 July 30 September 10 August 23, 30 August 27 October 8 September 20, 27 October 1 November 12 October 25, November 1 October 29 December 10 November 22, 29 *Zoning Board of Appeals meets the 2nd Tuesday of each month unless noted revised 9-18-2023