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.