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HomeMy Public PortalAboutZBA Hearing Packet 01/09/2024``\ ��.0 o\itsk E Wg T UOgi�-. F O.--,;* EReq 9 i ', 1=3i I�If t" — q ° a € __ Zoning Board Brian Harrison Chair Jeff Carter Vice Chair Patricia Eggers Bruce MacGregor Trish Metz David Ayers Corey Gill Department Assistant Ellen Murphy 111,11111111110 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 January 9, 2024 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: hops://us02web.zoom.us/i/88076668068?Dwd=b3IXWnMwM2tybTk45zIKMk5vT3NTUT09 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), Livestream (livestream.brewster-ma.gov), or Video recording (tv brewster-maaov 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 November 14, 2023 Meeting Minutes 7. Notice of Project Change ZBA Case #23-04 Applicants: Preservation of Affordable Housing, Inc. and Housing Assistance Corporation, (represented by Peter L. Freeman, Esq.), Spring Rock Village 0 Millstone Road, Map 98, Lot 12-0. The applicants are requesting the Board determine the proposed changes to the previously approved Comprehensive Permit Project are insubstantial, pursuant to 760 CMR 56.05(11)(a) and (b) and 760 CMR' 56.07(4), and allow the project to proceed as modified without further Board review. 8. Public Hearing ZBA Case #24-01 Owner/Applicant: MOG Real Estate Holdings, LLC (represented by Benjamin E. Zehnder, Esq.), 94 Thad Ellis Road, Map 89, Lot 8, in the CH 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 commercial garage building on the property by razing and replacing it within the pre-existing, nonconforming (north) side yard setback. 9. For your Information 10. Matters Not Reasonably Anticipated by the Chair 11. Next Meeting: February 13, 2024 12. Adjournment Date Posted: 12/21/2023 Date Revised: Received by Town Clerk: Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Town Hall Room B Tuesday, November 14, 2023, at 7 PM Brian Harrison, Chair, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers, Bruce MacGregor, Trish Metz and David Ayers. Also present: Sean Darcy (virtual), Attorney John Kanaga and Tom Ladd (ZBA #22-04 MOD), 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 September 12th 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 September 12th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were approved by a majority vote. Brian welcomed the newest member of the Board, David Ayers who will be joining as an alternate. 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. Members present and voting: Brian Harrison, Jeff Carter, Bruce MacGregor, Pat Eggers, and Trish Metz. Mr. Darcy joining virtually addressed the Board. He requested a modification to the existing decision that limited the shed height to 12 feet. He stated that prior to the installation of the shed, 4 trees were removed, and the ground was excavated, in order to shift the location of the shed 2 ½ feet away from the property line. Mr. Darcy was notified by the Building Commissioner that the Ladds (abutting neighbors) filed a formal complaint that the shed was higher than planned. After being surveyed by Ryder and Wilcox it was confirmed that the shed was 1.2 feet higher than originally planned. Mr. Darcy is requesting the ZBA allow the shed height to remain as is. He referred to the application with exhibits. Pat asked if the excavation was intended to meet the original requirement. Mr. Darcy confirmed that was the intention however when the shed was installed Mr. Darcy was not present. Trish asked if the shed was sitting on something that would make it higher than the 12 ft. Mr. Darcy confirmed that the shed is sitting on sonar tubes which raises the height. Mr. Darcy confirmed the shed is 14 inches over at the peak of the roof. He stated that the shed was the model that was represented to the Historic District and the ZBA for approval. Mr. Darcy indicated that they intended to install the model that was submitted which was smaller than the previous shed. The only difference was the excavation was not deep enough which made the pitch of the roof higher than 12 ft. Jeff asked if the new shed was the same height as the previous shed. Mr. Darcy stated the previous shed was 11 inches shorter as measured by the Building Commissioner. He indicated that the old shed didn’t have a floor and it was built on the ground and due to the topography and where you were standing you would get different measurements. Pat made a motion to open to public input, Trish seconded the motion, all were in favor of opening to public input. Attorney John Kanaga and Tom Ladd (abutter, 81 Considine Road) addressed the Board. Attorney Kanaga stated that that the shed is significantly higher than agreed upon. Trish asked Attorney Kanaga what his client is requesting. Attorney Kanaga stated that his client would like the Darcys to comply with the agreed upon special Page 2 of 2 permit. Trish stated that it doesn’t seem feasible to chop off the top of the shed or sink it into the ground. Brian reminded Attorney Kanaga that the Darcy’s didn’t have to move the shed at all due to statute of limitations and as far as the Town was concerned there was no enforcement action. The shed had been in the location over 10 years. After much discussion the Board decided to close to 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 modify the existing special permit and allow the height of the shed to remain. Jon Idman, Town Planner addressed the Board. He stated under the Brewster Bylaw a shed is a type of residential accessory use up to 120 sq ft. under 200 sq ft. a shed registration through the Building Department is required. Over 200 sq ft. requires a building permit. He stated that the standard to be considered is whether this request for modification is more detrimental to the neighborhood than what was there in the past. He also confirmed the Building Commissioner believed the shed was under 200 sq ft. After discussion, Pat made a motion to grant the modification of the special permit, Bruce seconded the motion, a vote was taken, and the Board unanimously granted the modification to ZBA #22-04 special permit. For Your Information: None at this time Matters Not Reasonably Anticipated by the Chair: Ellen Murphy, highlighted the 2024 ZBA schedule that was included in the hearing packet. There will be no hearing in December, the next hearing of the Brewster Zoning Board of Appeals is scheduled for January 9th, 2024. Pat made a motion to adjourn the meeting, Jeff seconded the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. The hearing adjourned at 7:56 pm. Notice of Project Change #23-04 Owner/Applicant: Preservation of Affordable Housing, Inc. And Housing Assistance Corporation Represented by: Attorney Peter L. Freeman Spring Rock Village 0 Millstone Road FREEMAN LAW GROUP LC Attorneys at Law Peter L. Freeman pfreeman@freemanlawgroup.com Tel. (508) 362-4700 Mobile (781) 854-2430 Via email to emurphy@brewster-ma.gov and via USPS First Class Mail December 20, 2023 Brian Harrison, Chairman Town of Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 Nancy J. MacPhee Legal Assistant nmacphee@freeemanlawgroup.com Tel. (508) 362-4700 ext. 3 Re: 0 Millstone Road — Spring Rock Village Preservation of Affordable Housing, Inc. and Housing Assistance Corporation Comprehensive Permit ZBA Decision No. 2023-04 NOTICE OF PROJECT CHANGE Dear Mr. Harrison: Reference is made to the above -described Comprehensive Permit issued to my clients, Preservation of Affordable Housing, Inc. and Housing Assistance Corporation by Decision of the Board voted on June 13, 2023 (the "Comprehensive Permit"). On behalf of my clients, this letter is requesting that the Board approve modifications to the plans approved by the Comprehensive Permit. The proposed modifications are shown on the revised Site Plan submitted herewith ("Overall Site Plan" prepared by Horsley Witten Group, Inc. dated October 12, 2023, Sheet C-6) and on the revised Architectural Plans submitted herewith ("Spring Rock Village...Proposed Site Revision" prepared by Union Studio dated December 7, 2023, 12 Sheets). A brief Narrative Description of the changes is provided on Exhibit A attached hereto and incorporated herein by reference. A brief description of the changes is as follows: Approved Proposed - Units 45 45 - Bedrooms 80 80 - Buildings 12 7 Parking spaces — standard 65 66 Parking spaces — standard, ADA, and oversize 79 80 Building Coverage 27,767 SF 25,772 SF Lot Coverage 28.4% 27.4% % Open Space 7L6% 72.6% 1 86 Willow Street ® Yarmouthport, MA 02675 v Phone (508) 362-4700 • Fax (508) 362-4701 The modifications are necessitated by a substantial increase in the cost of construction since the time the Comprehensive Permit was issued, and a need to satisfy the requirements of Commonwealth of Massachusetts Executive Office of Housing and Livable Communities under the Low Income Housing Tax Credit Program as to financial feasibility. My clients have already met with the Town's Affordable Housing Trust, who has endorsed the proposal with the attached support letter. This Notice of Project is provided pursuant to the provisions of 760 CMR 56.05(11)(a), and I request that the Board determine that the proposed changes are insubstantial, in accordance with 760 CMR 56.05(11)(a) and (b) and 760 CMR 56.07(4). As you know, pursuant to these regulations, the Board is required to determine within twenty (20) days whether the changes are insubstantial; if it is determined that they are insubstantial or if notice is not provided by the Board to the contrary within such twenty (20) day period, the Comprehensive Permit shall be deemed modified to incorporate the changes. The above process does not require a public hearing. A public hearing is only required if the Board determines that the changes are substantial changes. The public hearing must be within thirty (30) days of a timely determination that the changes are substantial. In the Chapter 40B Regulations, as described in 760 CMR 56.07(4), there are guidelines indicating that requested modifications are generally considered insubstantial if they do not change the type of housing tenure (in our case, the project will still be rental apartments), and if they do not increase or decrease the number of units by more than ten (10%) percent. We are not proposing any change to the number of units, bedrooms or mix of bedrooms. We further believe that our modifications are insubstantial because they actually will result in a reduction of impacts to abutting properties. We request that this matter be placed on your Agenda for your regular monthly meeting of January 9, 2024, which is the 20th day from the date this letter is being transmitted to you; but if you think you need a slight extension of the 20 day period beyond January 9, 2024, we will cooperate. Thank you. Very truly yours, �fn� Peter L. Freeman Enc. cc: David Quinn, Housing Assistance Corporation Vita Shklovsky, Preservation of Affordable Housing Donna Kalinick Jill Scalise Jon Idman 2 EXHIBIT A MEMORANDUM Horsley Witten Group Sustainable Environmental Solutions 90 Route 6A - Unit 1 • Sandwich, MA 02563 508-833-6600 • horsleywillen.co,n To: Brian Harrison, Chair, Brewster Zoning Board of Appeals From: Brian Kuchar, RLA, P.E. — Horsley Witten Group Date: December 18, 2023 Re: Millstone Road Comprehensive Permit (ZBA Case No. 23-04) Revised Plan Summary (Revision Date: December 18, 2023) cc: Peter Freeman (Freeman Law Group LLC), Vita Shklovsky (POAH), David Quinn (HAC); Joe Henderson (HVV) On behalf of the Preservation of Affordable Housing, Inc. (Applicant), the Horsley Witten Group (HW) is providing the following summary of proposed revisions to the site plan included on the revised Overall Site Plan, sheet C-6 of the final plan set submitted to the Zoning Board of Appeals (ZBA) as part of the package transmitted on May 2, 2023. Site Design Revision The overall changes to the site design have created a more compact development, which has reduced the limit of work area, the length of roadway, and impervious (pavement) cover while allowing more of the wooded site to remain undisturbed. Below is a summary of the proposed changes and impacts to the overall site design. • Total Buildings and Unit Count: o The total number of buildings has been reduced from 12 to 7 while the total number of units and bedrooms remains the same. o The overall limit of work has been reduced from 205,000 sf to 186,000 sf o The overall building coverage has been reduced. • Roadway and Parking Layout. o The length of the internal road has been reduced. o The total number of parking spaces provided has been increased from 79 to 80 spaces. o The interior loop connection road between Building 2 and the community center has been eliminated to create more interior green space. o The overall % lot coverage has been decreased and the % of open space has been increased by 1%, respectively. • Grading HorsleyWitten.com @HorsleyWittenGroup ® Horsley Witten Group, Inc. Brewster ZBA December 18, 2023 Page 2 of 2 o The proposed new building foundations stepped to match the proposed site grading to reduce the earthwork (cut and fill) required. • Stormwater Management o The stormwater management approach remains unchanged and relies on green stormwater infrastructure (GSI) for treatment and underground infiltration to manage the stormwater peak rate attenuation, volume control, and provide groundwater recharge. o Due to the reduction in roadways/impervious cover the increase in stormwater runoff be reduced. This allows the overall size of both the GSI and underground chambers to be adjusted accordingly. • Wastewater o The wastewater flow and treatment system remains unchanged. The location of the treatment system and leachfield will be adjusted accordingly, but will remain in the area of the proposed open field located at the rear of the proposed development. • Utilities o The utility services provided remains the same, with a reduction in the length of piping and conduit needed, due to the more compact development. • Landscape o The landscape design approach remains unchanged and relies on the same plant species with adjustments being made to the foundation plantings as it related to the new building footprints. o All proposed landscape/vegetated buffers remains the same, with the buffer along the northern property line between the proposed development and the existing Ocean Edge development increasing from 80 feet to 130 feet. o The reduction in roadway length also relocates the proposed perpendicular parking further away from the Ocean Edge property line. C:Users\peterfreeman\Datto Workplace\New FLG Files\CASES\POAH\BREWSTER MILLSTONE ROAD\NOPC PLAN CHANGES 12- 18-231EXHIBIT A NARRATIVE TO NPC 12-19-23.docx 20 -SCALE VIEW BOX (SEE SHEET G8) 20 -SCALE NEW BOX (SEE SHEET 67) P=10 SP I.C.DPG CONE (TALI OUTLINE OF RESONE P"RpN) MCA W EAK:ES) 'FT D571CT qm er, r.0 OVERLAY DAVIRICr Am, LACER LABaRrm j_=sum L_fammo..J DT SOX MO PENIMOS NMN1A LOT FM U'1 rut :1'4'1,', e COVERAGE CF .r. “OvDIAG, AA AlcAOILI LOT fRONUOE IA) PAC. YARD 5,101-Ot Ow, MA MONO Yll ill Tn. PROPOSED BUILDING TYPES WILDS. 17 UDR (1SIIBR PIKE III BBR BEBIDIIGI A A. 24 UNn (S)maven TOTAL MR COUNT: ES PARKING NOTE: OVERSL£ 0 .T20,-, I, .40.0 SPA,FS NA A MIER. PARKING AREA WEELI 11 SPACES HAS MEM TO TAI AM/Wed 1.71aCCI,� a. r 'AI MTGA.,ARCAVVEOF s''R"e`B�IONOT NTTOST. "FAUKIAll AL ',BACKS STANDARD SPACE TOR PAD NM OS LOT 11 TOWN OF BREWSTER DEED BOON 31.00-81, DEEM BOOK ISESIDE 11AIACJIES PROPOSED UR.Of CLEARING E.d,TOIEROAD NIP DERBRDI SET VAOE 230 Parwl SAM PILLSTONE ROAD FUTURE=EWAN STIE TENNI OF u D) vq.nv SIGNMIT 0F VROETADEN GT II" ES (IF LONG NOT COMPLETED PI ADVANCE P DURING SOEWALKNIPRO E.IRERn PROJECT) GIS AOLLSTaS ROAD RE WS10 CONNECT TO FUTURE SROEWAI( NOT FOR CONSTRUCTION GRAPHIC SCALE Po NJ 10 71NCH =,10 FEET �e4111.144 SPR NG ROCK VILLAGE WOODLOT WAY MILLSTONE ROAD - BREWSTE , MA PROPOSED SITE REVISION Housing 1',��� Assistance Corporation on Cape Cod DECEMBER 7. 2023 UNION STUD[O APCkilTECTURE DESIGN w w. .. .r i o n x t u d% .a u r c }. cam POAH Housing 14 Lifir Assistance 11 Corporation POAH UNION STUDIO SPRING ROCK VILLAGE ! ' I I L, ' , I I , in Housing el k Assistance Corporation nn (.ipe C.M POAL-1 MiVVIC *011010 UNION STUDIO SPRING ROCK VILLAGE Ah Housing IA Assistance Corporation Ape t POAH mum zrelatli iigia UNION STUDIO SQUARE FOOTAGE TOTALS Total I Ieated-12,5'iS sl First Floor llealed - 6,175 l;;l Second Floor Heated - 6.36o _sl SPRING ROCK VILLAGE c1 -.1„r, / i UNITS (S) 1 BEDROOMS (_;) 2 BEDROOMS (2) _; RGDROONIS � Housing !' ,\A Assistance Corporation POAH UNION STUDIO 1 1111 II II\'I I r. 1 1 `1 u1 II II Ai Mt Iry r IIVI"I 1 1;11, II\ -�Y-1--I�—' II\I ; 1111 IINr1 1 14K SQUARE FOOTAGE TOTALS Total I I(.aled - t s, 102 sf First Floor 1 -leased 8,065 gs[ Serum' Floor Floated -7,235 gsl SPRING ROCK VILLAGE I'(11((.I GROUP 2 1D 17 UNITS ( L2) 1 (BEDROOMS I (3) 2 BEDROOMS (2) 3 BEDROOMS • Housing 'I,\� Assistance Corporation on Carr Cod -q 11 )\ LIWArz rteWa , al POAH UNION sTUDIo 1 j 0 0 0 0 APPROVED OD APPROVED I - I PROPOSED Housing r LiftAssistance' II Corporation SPRING ROCK VILLAGE POAH nal UNION STU1)IO APPROVED PROPOSED PROPOSED t..�� APPROVED [f I a AMIPA SPRING ROCK VILLAGE •=- Housing sisan ,I ,\A Assistance Corporation POAH UNION STUDIO f G• 1 n M APPROVED U APPROVED PROPOSED • MUM % i► I» y r SPRING ROCK VILLAGE I I � I l l i p Housing i4 Assistance ► Corporation Cape Cwt POAH UNION STUDIO APPROVED APPROVED a PROPOSED I LLL, �;�r•I PROPOSED LUILLIIIL r; L I7 ELIL I SPRING ROCK VILLAGE II - I , ' 1 ! I -I - I I ►\A Housing 1 Assistance • Corporation (apeC.d POAH UNION STUDIO BUILDING 1t3 BUILDING #4 APPROVED BUILDING #3 PROPOSED NORTHERN STREETSCAPE SPRING ROCK VILLAGE BUILDING #5 •' Housing '1 Assistance II Corporation POAH 3tikg UNION STUDIO BUILDING 116 BUILDING #7 BUILDING 118 APPROVED BUILDING 115 PROPOSED BUILDING #9 SOUTHERN STREETSCAPE BUILDING #10 BUILDING 114 BUILDING 116 SPRING ROCK VILLAGE ,\� Housing '' Assistance Corporation 1111 POAH BUILDING 111 UNION STUDIO Y '�rriruwntn+�n��' December 19, 2023 Mr. Brian Harrison, Chair Zoning Board of Appeals Brewster Town Hall 2198 Main Street Brewster, MA 02631 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 RE: BAFIT Support for Spring Rock Village Notice of Project Change Dear Chair Harrison. Office of: Housing Tnist The Brewster Affordable Housing Trust (BAHT) unanimously voted at its December 7, 2023 meeting to support the requested Spring Rock Village Project Change and to send this letter of support to the Zoning Board of Appeals (ZBA). At that BAHT meeting, Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC), along with their development team from Union Studio and Horsely Witten Group, presented the proposed changes to the Spring Rock Village Comprehensive Permit plans. POAH and HAC stated that they would be sending a Notice of Project Change to the Brewster Zoning Board of Appeals containing these proposed changes. The BART is supportive of the Spring Rock Village redesign which is needed because of increased project costs. The proposed updated design is consistent with the original Development Objectives, the Comparative Evaluation Criteria of the Town's October 2021 Request for Proposals (RFP) and the terms of the Land Disposition Agreement. The redesign provides a compact, sustainable neighborhood of 45 affordable rental homes in multiple buildings, development remains in the prescribed area of the property, buffers are increased in the northern vicinity of' Ocean Edge, the majority of the wooded lot remains untouched, parking spaces are retained, and no additional waivers or revisions to the granted waivers are needed. The proposed changes arc similar to the proposed changes for Brewster Woods that the ZBA found insubstantial. The BAHT supports a ZBA finding that the proposed changes for Spring Rock Village are insubstantial so the project can proceed without further review. Thank you for your work on behalf of the Town of Brewster. Ti;( ``�C,�<q�� Tim Hackert, Chair Brewster Affordable Housing Trust 1 MEMORANDUM Date: January 4, 2024 To: Zoning Board of Appeals From: Town Planner Housing Coordinator Re: Comprehensive Permit, ZBA Case No. 2023-04 Notice of Project Change, Spring Rock Village, Millstone Road (Map 98 Parcel 12) _____________________________________________________________________________________ Staff Recommendation Staff recommends that the Board find that the requested project changes are insubstantial and allow the project to proceed with the requested changes without further review by the Board. Discussion The Board approved the above-referenced Comprehensive Permit (“40B”) in June 2023. Because of escalating construction cost and funding concerns, the applicants have now requested changes to the approved project. The applicants submitted a detailed request and supporting information on 12/20/23, in advance of the Board’s next regularly scheduled meeting on 1/9/24. Under the controlling State Regulations (760 CMR 56), the Board has 20 days from the filing of the applicants’ notice to review the proposed changes and determine whether they are “substantial.” If the Board determines that the changes are insubstantial, the project may proceed as modified without further review by the Board. The terms and conditions of the Comprehensive Permit decision apply as originally approved unless specifically modified. If the Board determines that the changes are substantial, the requested changes are subject to further Board review through a public hearing and notice process. The State Regulations further provide that the following are general factors or examples to consider in determining whether the proposed changes are substantial or insubstantial: Substantial Insubstantial 1. An increase of more than 10% in the height of the building(s) 2. An increase of more than 10% in the number of housing units proposed 3. A reduction in the size of the site of more than 10% in excess of any decrease in the number of housing units proposed 4. A change in building type (e.g., garden apartments, townhouses, high-rises) 5. A change from one form of housing tenure to another 1. A reduction in the number of housing units proposed 2. A decrease of less than 10% in the floor area of individual units 3. A change in the number of bedrooms within individual units, if such changes do not alter the overall bedroom count of the proposed housing by more than 10% 4. A change in the color or style of materials used 5. A change in the financing program under which the Applicant plans to receive a subsidy, if the change affects no other aspect of the proposal Town Of Brewster 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x1150 Office of: Planning Department Housing Office 2 As described in its request, the type of changes proposed appear to be examples of insubstantial changes relative to the factors set out in the Regulations: e.g. the number of bedrooms and units, the housing rental tenure, the size of the site, and the general multi-family type of building proposed remain unchanged from the approved project. The proposed changes do not significantly affect the conditions of the approved Comprehensive Permit Decision, nor do they invoke the need for new or modified waivers from local regulations. Other factors the Board might consider in its change determination relate to the Town’s Request for Proposals (RFP) for the Project; the Land Disposition Agreement (LDA) for the project between the Select Board and the applicants; the general land use impacts associated with the proposed changes; and the terms and conditions of the Comprehensive Permit decision. With the requested changes, the project still:  would exceed the ‘highly advantageous’ criteria and meet the intent of the RFP, including that the project is designed with the dwelling units in at least four separate buildings;  meets the terms and intent of the LDA, without the requirement for further amendment to the LDA; and  maintains the conditions of the Comprehensive Permit decision with essentially the same requirements, including the issues the Board seemed especially concerned with during the public hearing (e.g. number and size of parking spaces, drive aisle widths. In fact, the number of parking spaces will be increased with the proposed changes).  The general land use impacts of the project are arguably reduced with the changes by reducing and compacting the overall development footprint. At its meeting in December 2023, the Brewster Affordable Housing Trust voted to support and recommend the proposed project changes as “insubstantial,” which is reflected in the Trust’s letter submitted to the Board. The Trust was directly involved with preparing and issuing the above-referenced RFP for the Town. #24-01 Owner/Applicant: MOG Real Estate Holdings, LLC Represented by: Attorney Benjamin E. Zehnder 94 Thad Ellis Road wster 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 # APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) Date + Time Stamped By Town Clerk EREUSsTE__ i€ .. LW. NAME OF APPLICANT MOG Real Estate Holdings, LLC REPRESENTATIVE Benjamin E. Zehnder PHONE NUMBER (508) 255-7766 MAILING ADDRESS 972 Stony Brook Road, Brewster, MA 02631; 62 Route 6A, Suite B, Orleans, MA 02653 PROPERTYADDRESS 94 Thad Ellis Road CURRENT PROPERTY OWNER(S) MOG Real Estate Holdings, LLC REGISTRY OF DEEDS TITLE REFERENCE BOOK 35360 CERT. OF TITLE # N/A PLAN # N/A TOWN MAP # 89 ZONING DISTRICT CH LOT#8 STATEMENT OF PROJECT PAGE213 LAND COURT # N/A OR YEAR BUILT 1958 Demolition of existing dwellin4 parade and two sheds. construction of new aaraeiie / workshop, grading, site work and landscaping; installation of new septic system, wastewater holding tank, and inage syst . 1 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. existing garage 94 Thad Ellis Road 1962 89 5 CH side (N)14.0'15'10.0' 112'80' 16,800 sq.ft. 20.1 28.5 40 16,800 sq.ft.16,800 sq.ft. 3,376 ex./4,800 prop. <30'27.6' 4 ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ VARIANCES: APPLICATION FOR VARIANCE AS SET FORTH IN M.G.L. 40A, § 10 SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE VARIANCE IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. In order to grant a Variance, the ZBA must find all three of the following to be true:  Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, and  A literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and  That desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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.179-25(B)(change,extension,or alteration of pre-existing,non-conforming structure). Applicant proposes demolishing all structures including a non-conforming garage (side yard setback -N)and building one 60'x80'4-bay commercial garage,which will intensify the existing side yard setback. 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. 4 4 4 4 4 - 1 - Project Narrative Brewster Zoning Board of Appeals Special Permit Application 94 Thad Ellis Road Assessor’s Map 89, Parcel 8 MOG Real Estate Holdings, LLC ________________________________________________________________________ November 22, 2023 Prepared by Benjamin E. Zehnder Alexander Wentworth and Kristen Wentworth are the managers of MOG Real Estate Holdings, LLC, owner of the developed property at 94 Thad Ellis Road in the Commercial High Density zoning district and the location of the applicants’ automotive repair business, Wentworth Motorsports. They seek a special permit for their proposal to demolish all structures on the lot and redevelop the property with a new automotive garage and associated site work. The lot is conforming under current zoning in the CH district. It is improved with four structures: a dwelling, a garage, and two sheds. The property is pre-existing, non- conforming with regard to having more than one principal structure located on a single lot. The applicants’ automotive repair business is operated in the garage. That use is permitted by right in the C-H district. The dwelling is pre-existing, non-conforming as to minimum (northerly) side yard setback distance (15' allowed; 14.0' existing) under the Area Regulations and as to residential one-family detached dwelling unit use under the Use Regulations. There is a paved driveway from Thad Ellis Road to the garage, and there are gravel driveways and parking areas on the property. The applicants propose site redesign consisting of demolition of the four existing structures, construction of a new garage, grading, site work, and landscaping, and installation of a new septic system, wastewater holding tank, and drainage system. The proposed new 60' x 80' (2,400 s.f.) four bay building will be placed on a new concrete slab foundation. The proposal will reconfigure the site layout so that vehicles enter via the northerly curb cut and can either drive into the garage bays or travel over the southerly access driveway to the customer parking area at the back of the property. There is a proposed narrower partial access driveway on the north side of the building. The driveways and front parking area will be gravel and the rear parking area will be paved. The applicants propose landscaping along the southerly and westerly sides of the property, as well as along the northerly side of the rear parking area, and a stand-alone rain garden island adjacent to Thad Ellis Road. The applicants’ proposal will eliminate two existing non-conformities: the current multiple principal structures on one lot non-conformity and the residential use non- conformity. The existing northerly side yard non-conformity will be increased by four feet, with a proposed 10.0' setback to that line. - 2 - The proposal requires a special permit to extend the existing side yard setback non-conformity pursuant to Bylaw § 179-25-B. The applicants have separately applied for Planning Board Site Plan Review is required pursuant to Bylaw §§ 179-64-A (development requiring staff review), -C (existing commercial use increasing floor area by more than 500 s.f.), and -E (increase in lot coverage 10% or more). The applicants’ proposal has previously completed staff review pursuant to Bylaw Chapter 83. The applicants respond to the required Bylaw § 179-51(A)(5)(a)(1-13) special permit findings as follows: 1. The proposed use is consistent with the purpose and intent of the Town of Brewster’s Comprehensive Plan. Automotive service use is permitted by right and consistent with the 2023 draft comprehensive plan. Wentworth Motorsports provides excellent, reasonably priced repair service to its customers while providing full-time skilled employment. The use and the business contribute to the town’s continued economic stability. The proposed new garage is an example of the type of “growth that is appropriately scaled and sited within the context that it is proposed” encouraged by the plan while remaining compatible with Brewster’s small-town character. The proposal will improve the appearance of the property and support our year-round economy by growing a successful small business. 2. The location, type, character and size of the use/building, or other structure in connection therewith, will be in harmony with the visual character of the neighborhood, including views and vistas and, where applicable, the historic character of the neighborhood. The location, type, size, and use of the proposed garage will be similar to the nearby 78 Thad Ellis Road property improved and used as an automobile service center, however, the new structure and site layout will be more modern in appearance and construction. Due to the historical development pattern along Thad Ellis Road there is not a unified visual or historic character to the neighborhood. The area was developed as a mix of residential and commercial structures built before the adoption of the current commercial district. The proposal will contribute to improving the visual appearance of the area, both through the new structure and site design but also by removing the current dwelling and garage, which are not noteworthy buildings, and by cleaning and unifying the appearance of the grounds. There are no views or vistas near the property. - 3 - 3. The site is suitable for the proposed use. The property is a suitable location for the proposed continued automotive service use. It is located in a commercial district where the use is permitted by right, and it has been used for that purpose for many years. 4. Adequate access will be provided for the purpose of fire protection, police protection, and other emergency services. The proposal includes adequate access to the property from Thad Ellis Road and to the back of the building from the southerly driveway, which provides 22' of clearance between the side property line and the building, sufficient for emergency vehicle passage. 5. The streets serving the proposed use are adequate (width, grade, construction, overall safety and design capacity) to carry all prospective traffic and adequate provision is made for entering and leaving the proposed site such that no undue hazard to traffic will be created. Thad Ellis Road is an approximately 0.20 mile long, 40' wide paved, two-lane dead-end public road off of Route 6A. Because of the road’s short length and because it does not connect to any other roads drivers typically drive slowly. It is adequate for the current and expected traffic to and from the applicants’ business. The proposed design includes two curb cuts to the property which will provide excellent visibility. The applicants do not expect any undue traffic hazard from the proposal. 6. The proposed use/development has incorporated applicable trip reduction measures, where possible, in order to minimize vehicular trips to and from the site. These include company sponsored carpooling/vanpooling, bicycle and pedestrian incentives, and/or variable work-hour or flextime programs. The applicants propose a new bike rack on the site. Due to the nature of the automobile repair business it is inherently difficult to reduce vehicle trips because customers must drive to and from the property. 7. Adequate parking and loading facilities are provided in accordance with § 179-22. Please see site plans filed herewith. The proposal includes eight delineated spaces and one handicap space at the back, as well as parking at the front of the property. The proposed new garage will contain four bays with enough room for vehicles being serviced. - 4 - 8. The site will be suitably landscaped to protect the character of the neighborhood and adjacent property. The applicants propose landscaped areas along the southerly and rear property lines, and a portion of the northerly property line. They also propose a landscaped rain garden with plantings and shrubs at the front of the property. The landscaped areas will contribute to protecting the character of the neighborhood and the adjacent properties. 9. The proposed use has an adequate method of sewage disposal, source of water, and drainage. The existing septic system will be serviced and the perimeter soil replaced with clean medium sand which will provide adequate flow for the new service building. The applicants propose a new non-hazardous industrial wastewater holding tank and leaching pits. The property is connected to town water service. 10. Adequate utilities and other public services will be provided. The property has existing electrical, telephone, and data services which are adequate for the existing and proposed continued automotive service use. 11. The proposed use will not result in the degradation of groundwater quality or coastal water quality off site. The proposal has been designed to minimize any potential impact on groundwater. There are no nearby coastal waters. 12. The location and design of buildings, roads, parking, and loading areas will not cause avoidable damage to wildlife habitats or corridors or to any plant species listed as endangered, threatened, or of special concern by the Massachusetts Natural Heritage and Endangered Species Program. The Blueberry Pond Wildlife Management Area is located to the southeast of the property. The proposed improvements will be more than 100' from any protected resource area. The applicants are not aware of any wildlife habitats or corridors or any plant species listed as endangered, threatened, or of special concern on the property. 13. The proposed use complies with all applicable provisions of this Zoning Bylaw. The proposed use complies with the current Brewster Zoning Bylaw. Based on the foregoing the applicants submit that the requirements for granting of a special permit have been met and that the proposed automotive service use and site improvements will be in harmony with the purpose and intent of the Bylaw and will not be detrimental or injurious to the neighborhood, public, or town. x 5 3275 SEQ #: 3,4789/22/2022Key:Town of BREWSTER - Fiscal Year 2023 2:56 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofSINGLE FAMILY94 THAD ELLIS ROAD89-5-0 11 11010 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi 0CHFRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND 164,000 136,600 BUILDING 151,900 126,900 NBHD 13Nbhd DETACHED 1,400 1,400 St Ind AVERAGE OTHER 0 0 AVERAGEInfl TOTAL RCNLDTY MODEL 1 RESIDENTIAL QUAL COND ADJ PRICEDIM/NOTE UNITSYB -QUALITY MINUS AVE [100%] 0.90 STYLE 6 1.05 COTT/BUNGLW [100%] FRAME 1 1.00 WD FRAME [100%] 1958YEAR BLT MEASURE TCK12/22/2020 EFF.YR/AGE LIST JH3/8/2007 REVIEW MR2/12/2021 $NLA(RCN) NET AREA 1.000 1,120 253,122 40 40 %COND 0FUNC 0ECON DEPR 40 % GD 60 $151,900 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ DGF SHF A A 1.00 1.00 90 90 0.10 0.10 288 240 1 5 2 1 3 0 0 0 1 STORIES ROOMS BEDROOMS BATHROOMS FIXTURES GARAGE SPACES % BSMT FIN # 1/2 BATHS # OF UNITS 1.00 1.00 1.00 1.00 $3,686 1.00 1.00 1.00 1.00 100 S 16,800 13 1.00 A 1.00 A 1.00 166,140 2.56 A 1.00 RM3 0.90 164,000 VC INFO @ DOOR (12/22/20) $226 100 440 10/20/1992 OTHER 1,500 100100MOG REAL ESTATE HOLDING L WENTWORTH ALEXANDER TRUST WENTWORTH DONALD B TRUSTE 09/13/2022 04/11/2022 07/23/2018 B ML F 1 1 35360-213 31420-131 31420-131 16,800 SF ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ 5 DETAIL ADJ OVERALL 1.000 1.050 EXTERIOR INTERIOR KITCHEN BATHS HEAT/ELEC F F F A A BN ID CONDITION ELEM CD CD ADJ DESC 1931 / 90 BAS WDK EPA ODS L N N O 1,120 236 240 1 202.07 31.19 57.66 1,922.10 226,315 7,360 13,840 1,922 BASE AREA WOOD DECK ENCLOSED PORCH OUTDOOR SHOWER A B C 19581.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 5 1 4 1 3 2 3 1 FOUNDATION EXT COVER ROOF SHAPE ROOF COVER FLOOR COVER INT FINISH HEATING/COOL FUEL SOURCE OTHER WD SHINGLE FLAT/SHED ASPH/CMP SH W/W CARPET DRYWALL RADIANT OIL PHOTO 12/22/2020 BUILDING 264,900 317,300 WENTWORTH DONALD B TRUSTEE C/O MOG REAL ESTATE HOLDING LLC 972 STONY BROOK ROAD BREWSTER, MA 02631 34.71 18.69 1,000 400 24X12 12X20 The data shown on this site are provided for informational and planning purposes only. The Town and its consultants are not responsible for the misuse or misrepresentation of the data. Edge of Pavement Buildings Parcels Town Boundary MA Highways s r "`-" Interstate US Highway Numbered Routes Abutting Towns Bathvm-5 ftetrryy 0 5-10 ft `510-15ft 15-20 ft ▪ 20-30 ft ▪ 30-40 ft ▪ 40-50 ft ▪ 50-60 ft Streets r MapsOnline by PeopleGIS 0 140 280 ft Printed on 05/04/2023 at 09:27 AM Bk 35360 Pg213 #45487 09-13-2022 @ 01:56p QUITCLAIM DEED I, ALEXANDER WENTWORTH, as I am Trustee of The Donald B. Wentworth 2018 Living Trust u/t/a dated June 21, 2018, for which a Trustee Certificate pursuant to M.G.L. c.184, §35 is recorded herewith, with a mailing address of 972 Stony Brook Road, Brewster, MA 02631, For consideration in the amount of ONE AND 00/100 ($1,00) DOLLAR, Grant to MOG Real Estate Holdings, LLC, a Massachusetts Limited Liability Company, with a mailing address of 972 Stony Brook Road, Brewster, MA 02631, With QUITCLAIM COVENANTS, Property Address: 94 Thad Ellis Road, Brewster, MA 2631 The land in Brewster, Barnstable County, Massachusetts, together with the buildings thereon, bounded and described as follows: Located at 94 Thad Ellis Road, also known as Country Club Road and Golf Course Road, Brewster, Massachusetts, as shown on a plan entitled "Pleasant Acres, A subdivision in Brewster, Mass. Property of Warren E. Burgess, Scale 1 inch = 60 feet, Feb. 1951, Nickerson & Berger, Civil Engineers, Eastham, Mass." and being recorded in Barnstable County Registry of Deeds in Plan Book 97, Page 155 and being the lot labeled thereon "George C. and Janice M. Dunsford" and Beginning at the Northeast corner of the granted premises at a stake on the West side of a Town Road, called Proprietors Road leading to the Brewster Golf Course Road, said stake being two hundred thirty-two (232) feet northerly from the northerly line of land now or formerly of Old Colony Railroad Company; Thence running westerly by land now or formerly of Warren E. Burgess, one hundred fifty (150) feet to a stake at the Northwest comer; Thence running southerly by other land now or formerly of said Warren E. Burgess, one hundred twelve (112) feet to a stake at the Southwest comer; Thence running easterly by other land now or formerly of said Warren E. Burgess, one hundred fifty (150) feet to a stake at the Southeast comer in said Proprietors Road; and Thence running northerly by said Proprietors Road, one hundred twelve (112) feet to the stake at the point of beginning. 1171129.v1 Bk 35360 Pg214 #45487 The grantor hereby releases all rights of Homestead in the within -described property and certifies under pains and penalties of perjury that no person occupies the premises as a primary residence and no person has or can claim the benefit of a Homestead therein. Said property is hereby conveyed subject to and together with the benefit of all rights, restrictions and easements of record, insofar as the same are in force and applicable. The manager of MOG Real Estate Holdings, LLC is the son of Donald B. Wentworth, therefore, no consideration is required. For title, see deed recorded with Barnstable County Registry of Deeds in Book 31420, Page 131. TITLE NOT EXAMINED. 1171129.v1 Bk 35360 Pg215 #45487 Signed under the pains and penalties of perjury this day of S CPI 2021. THE DONALD B. WENTWORTH 2018 LIVING TRUST, By: ALEXANDER WENTWORTH Trustee COMMONWEALTH OF MASSACHUSETTS County of V.'Y5 6.., ss. y On this I day of , 2022, before me, the undersigned notary public, personally appeared ALEXAND R WENTWORTH, Trustee as aforesaid, proved to me through satisfactory evidence of identification, which was photographic identification with signature issued by a federal or state governmental agency, oath or affirmation of a credible witness, personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his knowledge and belief. Pub My Commission Expires:kk)V d .20,Y7 Gailynn G Miller Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires November 4, 2027 1171129.v1 XXXXXXXXXXXX These drawings are for conceptual and descriptive purposes only. They are NOT intended for construction use. WE N T W O R T H M O T O R S P O R T S File Path: Original Issue Date Plan Name: Drawing Number: Drawing of *DISCLAIMER* Ben Mayo Unaffiliated Designer mayoben21@gmail.com (912) 398-2274 DESIGNER Lo c a t i o n : 9 4 B T h a d E l l i s R d . B r e w s t e r , M A 0 2 6 3 1 Cli e n t : A l e x W e n t w o r t h Isometric A100 08/10/23 UP UP 1 A103 1 A103 158 SFCUSTOMER LOUNGE1 40 SFRESTROOM2 96 SFRECEPTION3 61 SFHALL4 1901 SFSHOP FLOOR5 2220 SFSTORAGE / PARKING6 2 A103 2 A103 19' - 4 1/2" 18 ' - 9 1 / 4 " 19 ' - 4 3 / 8 " 39 ' - 0 3 / 8 " 38' - 10 3/4" 60' - 0" 80 ' - 0 " 32 SFRESTROOM11 33 SFRESTROOM12 1 A103 1 A103 34 SFRESTROOM7 323 SFLOUNGE / KITCHEN8 760 SFGENERAL STORAGE10 384 SFEQUIPMENT STORAGE9 OPEN TO BELOW OPEN TO BELOW 2 A103 2 A103 19' - 4 1/2" 39 ' - 2 7 / 8 " 19 ' - 4 1 / 4 " 18 ' - 9 3 / 8 " XXXXXXXXXXXX These drawings are for conceptual and descriptive purposes only. They are NOT intended for construction use. WE N T W O R T H M O T O R S P O R T S File Path: Original Issue Date Plan Name: Drawing Number: Drawing of *DISCLAIMER* Ben Mayo Unaffiliated Designer mayoben21@gmail.com (912) 398-2274 DESIGNER Lo c a t i o n : 9 4 B T h a d E l l i s R d . B r e w s t e r , M A 0 2 6 3 1 Cli e n t : A l e x W e n t w o r t h Floorplans A101 08/08/23 3/16" = 1'-0"1 1st Floor 3/16" = 1'-0"2 2nd Floor 0'2'4'8'12' 27 ' - 6 " 25 ' - 0 " XXXXXXXXXXXX These drawings are for conceptual and descriptive purposes only. They are NOT intended for construction use. WE N T W O R T H M O T O R S P O R T S File Path: Original Issue Date Plan Name: Drawing Number: Drawing of *DISCLAIMER* Ben Mayo Unaffiliated Designer mayoben21@gmail.com (912) 398-2274 DESIGNER Lo c a t i o n : 9 4 B T h a d E l l i s R d . B r e w s t e r , M A 0 2 6 3 1 Cli e n t : A l e x W e n t w o r t h Elevations A102 08/08/23 3/16" = 1'-0"1 East Elevation 3/16" = 1'-0"2 North Elevation 3/16" = 1'-0"3 South Elevation 3/16" = 1'-0"4 West Elevation 0'2'4'8'12' 11 ' - 0 " 11 ' - 0 " 13 ' - 0 " XXXXXXXXXXXX These drawings are for conceptual and descriptive purposes only. They are NOT intended for construction use. WE N T W O R T H M O T O R S P O R T S File Path: Original Issue Date Plan Name: Drawing Number: Drawing of *DISCLAIMER* Ben Mayo Unaffiliated Designer mayoben21@gmail.com (912) 398-2274 DESIGNER Lo c a t i o n : 9 4 B T h a d E l l i s R d . B r e w s t e r , M A 0 2 6 3 1 Cli e n t : A l e x W e n t w o r t h Sections A103 08/10/23 1/4" = 1'-0"1 Section 1 1/4" = 1'-0"2 Section 2 0'2'4'8'16' Application#24-01 www.brewster-ma.gov Page 1 of 2 12/28/2023 DEPARTMENT REVIEWS Application #24-01 APPLICANT: MOG Real Estate Holdings, LLC REPRESENTATIVE: Benjamin E. Zehnder, Esq. MAP/LOT: Map 89, Lot 8 PROPERTY ADDRESS: 94 Thad Ellis Road Received from: Natural Resources Dept. Comments received from Chris Miller No comments at this time. Historic District Committee Comments received from Erika Glidden The property listed is not in the Historic District. Water Dept. Comments received from Paul Anderson It’s likely they will need to request a cut and cap outside of the construction area while they raise the structure. The existing service was upgraded in 2001 so it should be in good shape. There is a private line between the main building and the garage. They should request a mark-out directly from our office prior to excavating; we are not part of Digsafe. Police Dept. Comments received from Lt. Charles Mawn Police Department has no comments on this application. Health Dept. Comments received from Sherrie McCullough This property lies outside the Zone II, and the District of Critical Planning Concern (DCPC). The property is located within an Environmentally Sensitive Area (ESA) per our local BoH regulation. The total land area is 16,800 SF +/- and has access to town water. The wetland line(s) will need Conservation approval prior to a full Health Department review. Due to the depth of suitable material observed during soil testing, a percolation test was not conducted. A sieve analysis of the suitable material must be conducted, or a perc test must be conducted at the time of installation of the new septic system. Any proposed hazardous material storage or disposal must meet appropriate requirements. Prior to construction, septic plans and a Building Waiver Application will need to be submitted to the Health Department for full department review prior to final approval. Building Dept. Comments received from Richard Leibowitz The building department has nothing to add at this time. Once we get a building permit, we will do a thorough review for code compliance. Fire Dept. Comments received from Chief Moran Construction shall meet all current regulations contained within 527 CMR 1.00 Massachusetts Comprehensive Fire Safety Code including all referenced NFPA Standards and Massachusetts Building Code requirements. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Application#24-01 www.brewster-ma.gov Page 2 of 2 12/28/2023 In the event a fire suppression system is required the fire department shall determine the type and location of the fire department connection prior to install. A fire hydrant shall be located within 300’ of the structure. The width of the northern driveway is not sufficient for the travel of fire department apparatus. It does not meet MA Fire Code “Chapter 18 Fire Department Access”. All driveways and parking areas shall be considered fire lanes. Type of signage and location of same shall be determined by the fire department prior to occupancy. The landscape area along the south side of the building shall contain a stone base with a width no less than 18” from building. A Knox Box key vault shall be placed on the building at a location to be determined by the fire department prior to occupancy. Storage of hazardous, flammable, or combustible materials shall meet requirements set forth in the MA Fire Code. An emergency responder radio communication system shall be installed per section 916.1 of the Massachusetts State Building Code. Conservation Dept. Comments received from William Grafton On the Conservation/wetlands topic, the wetlands delineations have been checked and I did not have any comments. The site plan has been revised to include the 100-foot buffer to the flood plain associated with the adjacent Brown property. The impervious area within the 100-foot setback is a 1700 square foot increase triggering the need for a Notice of Intent rather than an RDA.