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HomeMy Public PortalAboutZBA Hearing Packet 03/12/2024Zoning Board Brian Harrison Chair Jeff Carter Vice Chair Patricia Eggers Bruce MacGregor Trish Metz David Ayers Corey Gill Department Assistant Ellen Murphy Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 ZBA MEETING AGENDA 2198 Main Street Room A March 12, 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: httos://us02web.zoom.usIi/88076608068?pwd=b3IXWnMwM2WbbTk45zIKMk5vT3NTUT09 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.pov), or Video recording (tv.brewster-ma, goy.' Please note that the ZBA may take official action, including votes, on any item on this agenda. 1. Ca11 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 January 9, 2024 Meeting Minutes 7. Continued Applications ZBA Case #24-02 Owner/Applicant: Roy and Michelle Proujansky, 156 Rosemary Lane, Map 51, Lot 30, in the RM 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, nonconforming single-family dwelling by constructing a screen porch addition which encroaches into the required setback 8. New Applications ZBA Case #24-03 Applicant: Joshua Schiff, 3038 Main Street, Map 101, Lot 26, in the RM zoning district. The applicant seeks a Special Permit for a Special Event Venue use under Brewster Zoning Bylaw, 179-51 and use regulations, table 1. The applicant is requesting 36 farm -to -table dinner events to be held at the property for 2024. ZBA Case #24-04 Applicant: Ocean Edge Resort, LLC, 2907 Main Street, Map 90, Lot 160, in the RM zoning district. The applicant seeks a special permit pursuant to section 179-25B of the Brewster zoning bylaw to change, extend or alter the non -conforming use of the property to allow outdoor dining. 9. For your Information 10. Matters Not Reasonably Anticipated by the Chair 11. Next Meeting: April 9, 2024 12. Adjournment Date Posted: 2/22/2024 Date Revised: Received by Town Clerk: • Page 1 of 2 TOWN OF BREWSTER ZONING BOARD OF APPEALS HEARING MINUTES Town Hall Room B Tuesday, January 9, 2024, at 7 PM Brian Harrison, Chair, convened the Brewster Zoning Board of Appeals with members: Jeff Carter, Patricia Eggers, David Ayers and Corey Gill. Bruce MacGregor and Trish Metz were absent. Also present: Attorney Peter Freeman, Christina Carlson (Union Studio Architecture & Community Design), Joe Henderson (Horsley Witten Group), Vida Shklovsky, (POAH), Attorney Benjamin Zehnder, Alex and Kristen Wentworth, 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 November 14th hearing 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 November 14th hearing minutes, Jeff seconded the motion, a vote was taken, and the minutes were approved by a majority vote. Brian welcomed the newest member of the Board, Corey Gill, who will be joining as an alternate. 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 Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers, David Ayers and Corey Gill Attorney Freeman informed the Board pursuant to 760 CMR 56.05 (11)(a) and (b) and 760 CMR 56.07(4) regulations when there are changes which are insubstantial a notice is submitted to allow the project to proceed as modified without further Board review. Attorney Freeman provided an overview explaining the changes and need for the changes. He indicated the cost of the project since the permit was approved has increased, which is the driving force for the project change. He informed the Board that design changes have been suggested that will save money. Attorney Freeman referred to the letter included in the packet from the Affordable Housing Trust indicating they reviewed and supported the changes and determined the changes were insubstantial. He then summarized the cover letter highlighting the changes. The buildings have been reduced from 12 to 7, there are 80 approved parking spaces with a reserve area for additional parking if needed and open space has been slightly increased. Christina Carlson walked through the slides to provide an understanding of the approved vs. the proposed changes. Attorney Freeman stated the changes are necessary, however they are positive changes. He noted the memo written by Jon Idman, Town Planner that was included in the packet. The Board discussed the fact that the requested changes were insubstantial. Pat made a motion to except the proposed changes to the previously approved Comprehensive Permit Project and determined they are insubstantial, Jeff second the motion, a vote was taken and unanimously approved. Page 2 of 2 Public Hearing New Applications: ZBA case #24-01 Owner/Applicant: MOG Real Estate Holdings, LLC (represented by Benjamin E. Zehnder, Esq.), 94 Thad Ellis Road Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers, David Ayers, and Corey Gill. Attorney Benjamin Zehnder addressed the Board providing background information. He confirmed the lot is conforming in the CH zoning district. Currently the lot contains an auto repair building, a residence and two sheds. It is non-conforming from a use standpoint because it has two principal structures on one lot and has a residential dwelling. The applicants are proposing to remove all of the structures and build a single structure to serve their business. The use they are proposing is by right in the CH zoning district. Attorney Zehnder informed the Board that earlier in the evening they received approval from the Conservation Committee. The applicants are requesting a special permit because the proposed building is non-conforming on the north side of the property. It is 14 feet from the property line where the requirement is 15 feet. They propose to build the structure 4 feet closer due to the feasibility of building the new structure around the current structure to allow their business to continue during the construction. Once the new structure is completed the old structure can be removed from the inside and continue to operate. The request is to alter a preexisting non-conforming structure in order to increase the non-conformity on the north side setback. Attorney Zehnder referred to the memo from the Building Commissioner suggesting zoning relief. He indicated the use of the property will remain the same and the residential dwelling will be removed. The design is an improvement and not detrimental to the neighborhood. Pat asked a question in reference to the Fire Department comment regarding whether the fire truck had sufficient access to the driveway. Attorney Zehnder stated they have updated the plans to allow for sufficient access based on the comments. Applicant Alex Wentworth informed the Board he reached out to all of the direct abutters and shared the plans of the proposed building. He indicated they were all in support. The Board confirmed they received the letters of support from the abutters. Pat made a motion to open to public input, Corey seconded the motion, a vote was taken and the Board unanimously approved. There being no public input Pat made a motion to close to public input, Jeff seconded the motion a vote was taken and the Board unanimously approved to close to public input. Pat, Jeff, and David expressed their support. Jeff made a motion to grant the special permit for ZBA case #24-01, 94 Thad Ellis Road as shown in the plans and for the reasons documented in the application, Pat seconded the motion, a vote was taken, and the Board unanimously voted to grant the special permit. For Your Information: None at this time Matters Not Reasonably Anticipated by the Chair: None at this time The next Board of Appeals hearing is scheduled for February 13th, 2024. Pat made a motion to adjourn the meeting, David seconded the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 5-0-0. The hearing adjourned at 7:26 pm. #24-02 Owner/Applicant: Roy and Michelle Proujansky 156 Rosemary Lane ulluutiiiimrrllloui occE Ws? O o . �r� 6 el �a7" N' i 0. ////l/111f 11 U A11l e').\\`\`\�\` Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov TIME EXTENSION/WAIVER/CONTINUANCE FORM DATE February 12, 2024 PETITION # ZBA#24-02 APPLICANT _Roy and Michelle Proujansky I hereby agree to extend the time limits for hearing decisions on the above petition required under M.G.L. Chapter 40A and Brewster code Chapter 179 by 90 days. I understand and agree that this waives my rights to claim a constructive grant based on the time limits required under sections of M.G.L. Chapter 40 A and the Town of Brewster Code Chapter 179. APPLICANT/AUTHORIZED AGENT AGREED BY THE ZONING BOARD OF APPEALS: BRIAN HARRISON, CHAIR .9-7 DATE Revised December - 2022 Continuance Form Page 1 of 1 O �z r * rirrr�H11111II 1 I l I I Ira \\\A\ 01011 l + Al llllllliliriri, 4.0 40 Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov ZBA CASE FILE # o90' APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ VARIANCE/ ZBA APPEAL APPLICATION ($300 Filing Fee) Date + Time Stamped By Town Clerk NAME OF APPLICANTRoy and Michelle Proujansky REPRESENTATIVE Aleks Mazzeo PHONE NUMBER 774-360-3835 MAILING ADDRESS PO Box 1771 Orleans MA 02653 PROPERTYADDRESS 156 Rosemary Lane, Brewster MA 02631 CURRENT PROPERTY OWNER(S) Roy and Michell Proujansky REGISTRY OF DEEDS TITLE REFERENCE BOOK 201367 PAGE OR CERT. OF TITLE # LAND COURT # PLAN # TOWN MAP # 51 ZONING DISTRICT RM LOT # STATEMENT OF PROJECT Building screened in porch YEAR BUILT 1988 12.27.2023 OR AGENT FOR OWNER DATE NOTE: This petition is OT COMPLETE until all information is provided. Accuracy of this information is the resp sibility of the petitioner. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 1 of 4 ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 2 of 4 DATA SHEET Complete this form for every structure on the site that is in some way nonconforming. Identify structure: primary house, garage, tool shed, other _________________ STREET ADDRESS ________________________________ YEAR BUILT ___________ MAP # _______ LOT #________ ZONING DISTRICT ___________ List only the nonconformities below:Identify all nonconforming setbacks. LOCATION EXISTING REQUIRED PROPOSED _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ _________ Location is used to identify the setback: I.E. front, back, left side, right side, N-north, S-south, E-east, W-west, Existing is the setback that currently exists on the ground Required is the applicable setback required currently in the Brewster zoning bylaw Proposed is the setback being requested FRONTAGE: EXISTING __________ REQUIRED __________ LOT SIZE: __________________________ LOT COVERAGE EXISTING % __________ PROPOSED % __________ ALLOWED % _________ SIZE OF PARCEL __________ sq. ft. BUILDABLE UPLAND ____________sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE ___________sq, ft. BUILDING COVERAGE ALL OTHER STRUCTURES ___________sq, ft. BUILDING HEIGHT:EXISTING _________ PROPOSED _________ SPECIAL PERMITS: APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN M.G.L. 40A, § 6, or § 9 and SECTION 179-25, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. ZBA SPECIAL PERMIT/ VARIANCE/ APPEAL APP. REVISED 10-02-2017 Page 3 of 4 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. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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. WN OF BREWSTER BUILDING DEPARTMENT 2198 MAIN STREET BREWSTER MA 02631 Zoning Determination Phone: 508-896-3701 ext 1125 Email: Buildingnabrewster-ma.gov RECEIVED JAN - 5 2024 Re; 156 Rosemary Lane identified on Assessors Map 51 Lot 30 BREWSTER PLANNING BOARD ZONING BOARD OF APPEALS Babbitt design drawings dated October 5, 2023 Site Plan dated October 29, 2021 Proposed screen porch would be 16.2 feet from lot line with a pre-existing nonconforming condition. The screen porch will need a special permit in accordance with 179-25 "B" to be eligible for a building permit. Richard Leibowitz CBO Building Commissioner PARCEL AP GARY J. d Y. SUMNER mot PARCEL 28 11/11 PAUL cit BILIA'N Y. NATHAN, 9RS. MAIN aw LM. AJW 04IE 10/2921 S9CFI t Of 1 * TACN 82 8 1-` I• 6: HUB & TACK 9 25,5' LOT 11 AWRY JZat BARIWU Y ,EL,'S fr e2 3 f_�J N55'4fl0� DEER EIb;eCk 1Ot.63' .514 Exisnad • SNOuE -. DECK ELEV. 60.57 '9 } 4 S £RUSH ` _`T a ssTATED 1.1 \ r��_ >5,. f9it 1S:F. \ \ \\� `\ 1 j 1 ,1 \ `— 1 3 \ \ i 11 1 g t 1 V 1 *,n j N I SES'41'1D'W I 101.58 LAWS LOT >9 ✓ANA'S Y. Nct i E/ZH L'S P CONNDRS LEGEND 60 EXISTING 2' CavromR EXISTING 10' CONTOUR EXISTING SPOT ELEVATTLW TACK 1 ELECTRIC SEANCE t J i. lac 8.11 TRA"Ns 0 rn V1 9• 78 1 Ht.& TACK 80 l CABLE PE, 0 ae 4 Y 777 z an 0 1R.N&C EL 76.52 /0 20 10 IN NEM f� N� - SG4L£• f i4 4. 20 AFET LOCUS MAP Nor TO SCALE GENERAL AaTia 1. HOUSE NUMBER: 156 Z ASS£SSG?S INFORMA710tI MAP 51. PARCEL 34 LOT 12 .� F.000 ZONE. X (FERIA PANEL 250003 0602 4 NOTED .11t.Y 76, 2014) 4. ZONING &STRICT.• R MID DENSITY 5. LOT COVERAGE BY AL ECISINNG STRUCTURES 1.720 SF./ 15,263 SF.. ft.3X 6. TOPOGRAPHIC INFORMATION COMPU.ED FROM AN ON THE GROUND SURVEY 7. ELEVATIONS SHOWN ARE BASED ON NORTH AMERICAN VERTICAL DATUM 1988. 8. 97E TS WHIN IONE E DISTRICT SITE PLAN FOR ROY & MICHELLE PROUJANSKY #156 ROSEMARY LANE BREWSTER, MA Scale: 1"=.20' Date: OCTOBER 29, 2021 ',ramie* a. Associates Inc. 69 County Road Boar 801 North Falmouth; Mass O&M (608) 568 - r27^a' Scanned by TapScanner *,- ^IL 2004\5521036ldrglss21036fp Grp abbitt esign WIS R. BABBITT 85 MCGUERTY EASTHAM, MA 02642 781-592-9201 LEGEND EXISTING WALL NEW WALL REVISIONS N0. DATE PROJECT RESIDENCE 156 ROSEMARY LN BREWSTER, MA SHEET TITLE: PROPOSED FIRST FLOOR PLAN SCALE: 114' PROJECT #: 223596 DATE: OCTOBER 5, 2023 DRAWING #: A-1 1E BABBITT - DESIGN abbitt esign TAVIS R. BABBITT 85 MCGUERTY EASTHAM, MA 02642 781-592-9201 LEGEND EXISTING WALL NEW WALL LEFT SIDE ELEVATION FRONT ELEVATION REVISIONS NO. DATE PROJECT: RESIDENCE 156 ROSEMARY LN BREWSTER, MA SHEET TITLE: FRONT E LEFT SIDE ELEVATIONS SCALE: 1/41.1'-0' PROJECT #: 223596 DATE: OCTOBER 5, 2023 DRAWING #: A- 2 © BABBITT • DESIGN f abbitt esign TAVIS R. BABBITT 85 MCGUERTY EASTHAM, MA 02642 781-592-9201 LEGEND - EXISTING WALL - NEW WALL RIGHT SIDE ELEVATION REAR ELEVATION REVISIONS NO. DATE PROJECT RESIDENCE 156 ROSEMARY LN BREWSTER, MA SHEET TITLE: REAR RIGHT SIDE ELEVATIONS SCALE: 1/4" = P-0" PROJECT #: 223596 DATE: OCTOBER 5, 2023 DRAWING #: A- 3 © BABBITT - DESIGN abbitt esign TAVIS R. BABBITT 85 MCGUERTY EASTHAM, MA 02642 781-592-9201 LEGEND 43'-10" DECK Nvi DEN - EXISTING WALL - NEW WALL REVISIONS NO. DATE PROJECT: RESIDENCE 156 ROSEMARY LN BREWSTER, MA SHEET TITLE: EXISTING FIRST FLOOR PLAN SCALE: 1/4" =1'-0" PROJECT #: 223596 DATE: AUGUST 16, 2023 DRAWING #: A-4 © BABBITT DESIGN Application#24-01 www.brewster-ma.gov Page 1 of 2 2/6/2024 DEPARTMENT REVIEWS Application #24-02 APPLICANT: Roy and Michelle Proujansky REPRESENTATIVE: MAP/LOT: Map 51, Lot 30 PROPERTY ADDRESS: 156 Rosemary Lane Received from: Natural Resources Dept. Comments received from Chris Miller Natural Resources Department has no comment on this application. Historic District Committee Comments received from Erika Glidden The property listed is not in the Historic District. Police Dept. Comments received from Lt. Charles Mawn Police Department has no comment on this application. Health Dept. Comments received from Sherrie McCullough The Health Department file indicates an existing 1989 Title 5 compliant septic system designed for a daily flow of 330 gallons per day (gpd), servicing an existing three-bedroom dwelling. The existing dwelling is located on a 15,269 SF lot and is serviced by town water. The lot lies within the Zone of Contribution (Zone II), the District of Critical Planning Concern (DCPC) and lies within the Herring River Embayment. The last Title 5 Septic Inspection Report on file dated August 2, 2013. The Health Department will need a current Title 5 Septic Inspection Report and a Building Waiver Application must be submitted for full review prior to final approval. Fire Dept. Comments received from Chief Moran The Fire Department has no comment on this application. Assessor Dept. Comments received from Jim Gallagher Assessor Department has no comment on this application. Conservation Dept. Comments received from William Grafton For this review, I accessed State and Town GIS websites, referenced Conservation digital and physical files finding none for the subject site and I did a site visit to review the area depicted on the aerial below as Elevation 60. See screen shot below. The vegetation in the depression is primarily upland plant species and does not meet the criteria for an Isolated Vegetated Wetlands based on vegetation and it does not appear to have characteristics of an Isolated Land Subject to Flooding as there are no discernible signs of standing water. Based on this review, there is no Conservation jurisdictional boundary associated with the subject site. 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 2/6/2024 Water Dept. Comments received from Paul Anderson The service line looks like it comes into the right corner of the house (see attached). They should request a mark out if they are concerned it may be hit while excavating. ' /- 7 57,296 ct- -vr4.n ,1/4--,{ rev a (1 I C'r+ ,T c% I' Ati ,1 A Archive d: Tuesday, January 30, 2024 1:46:19 PM From: Barbara Weiss Se nt: Fri, 26 Jan 2024 17:57:36 To: Ellen Murphy Subje ct: Letter of Support ZBA Case 24-02 Se ns itivity: Normal January 26, 2024 To: Brewster Board of Appeals From: Barry and Barbara Weiss (Abutters) Re: ZBA Case 24-02 (156 Rosemary Lane Please be advised that as abutters to the property at 156 Rosemary Lane (Roy and Michelle Proujansky), we have no concerns or objections to the proposed screen porch addition which "may encroach into the required setback." As is the case with any good neighbors, the Proujanskis shared their intended project with us over the summer, well before requesting permission from the town, in order to make sure we were supportive. Their project does not affect our property in any negative way. If you have any concerns or questions, please feel free to contact us at any time. Barry and Barbara Weiss 138 Rosemary Lane 32817 Scenic Hills Drive Mount Dora, FL 32757 (N ovember - May) 352-729-2064 bmsw2524@gmail.com TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 51/30/0 /TM 12 1 ROSEMARY LANE 51/2610 157 BROOK TRAIL ROAD 51/31/0 13, ROSEMARY LANE 1 51/37/0 \I_,4x°3 ROSEMARY LAIE— 51/27/0 171 BROOK TRAIL ROAF Certified by: James M. Gallagher, AA - Deputy Assessor 51/•30/0 •1551 ROSEMARY . N 1 V 51/38/0 159 ROSEMARY LA1yJ ._.__._— —, 0 51/28/0 1 ROOK TRAIL l �_� i 51/2910 q 178 ROSEMARY LANE I Ownor i - N 91, Parcel ID a #24-03 Owner/Applicant: Joshua Schiff 3038 Main Street zS E3 ���_- 0- C,in IINll1l4U\1\\\\�\\\\\\\\ taREws7. Off( .4 -'1(1.12;?" -s440,51 ey- Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov ZBA CASE FILE # �fl_ O3 SPECIAL PERMIT APPLICATION — Special Event Venue Use VENUE INFORMATION Applicant/Property Owner: Joshua Schiff (Farm Manager) Phone: 773-744-9693 Street Address: 3038 Main Street, Brewster Map: 101 Lot: 26 Mailing Address: 297 Shore Road, Chatham, MA 02633 Business Name: Chatham Bars Inn Farm (CBI Operations LLC) Email: jschiff@chathambarsinn.com EVENT INFORMATION Date(s): See attached for proposed event dates and description Maximum Number of Guests Anticipated: 40-150 Estimated Number of Vehicles at One Time: 5-40 Proposed Hours: 11:00 a.m. - 10:00 p.m. Open to Public ix Invitation Only lX Tent Use: Yes ❑ (if yes, then obtain a permit from the Building Department) No ❑ FOOD, ALCOHOL & ENTERTAINMENT Will there be food offered: Yes N No ❑ (If yes, then applicant shall obtain a food service permit from the Health Department) Will there be alcohol drinks* offered? Yes C No ❑ (If yes, then applicant shall obtain a separate, one -day liquor license from the Select Board) Will there be entertainment* provided? Yes 51 No ❑ (if yes, a separate entertainment license shall be obtained from the Select Board) *The Liquor and Entertainment licenses may be obtained in one meeting at the Select Board SUBMIT WITH APPLICATION • Narrative describing the proposed event(s) • Scaled site plan indicating property boundaries, existing building locations, driveway, proposed parking, location of event activity and location of portable sanitary facilities (if applicable) ZONING BOARD OF APPEALS Special Event Venue Procedure 1. Applicant submits a completed application to the Zoning Board Clerk with appropriate supporting documents as indicated on application. 2. Application and supporting documents will be distributed to municipal departments including (but not limited to) Health, Building, Fire, Police, Conservation, Natural Resources and Planning for comments. 3. If applicable, municipal departments shall advise the Zoning Board on affecting rules and regulations concerning the proposed special event. 4. The Zoning Board will hold a hearing to consider the application. 5. Special Event permits shall expire on the last day of the calendar year of issuance. 6. Special Event permits shall run with the original applicant. If there is a change in property ownership or applicant then a new permit shall be required. 7. Special Event permits, when issued, comes with the understanding that the Zoning Board has the option to call a hearing to review a Special Event permit upon: a. Any change of use or nature of use, or b. Any traffic problems that arise, or c. Any other unforeseen concerns that are raised that warrant attention. d. Notification of violations of the terms of the Special Event permit: This hearing would have full rights to amend or revoke the original Special Event permit. 8. The Zoning Board has full authority to condition the Special Event permit. 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. Completed application packages include twelve (12) copies of the following:  APPLICATION  SITE PLAN (to scale)  ASSESSOR’S MAP SHOWING THE APPLICANT’S LOT  CHECK IN THE AMOUNT OF THREE HUNDRED ($300) DOLLARS 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, this petition 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. Please be advised that it is improper for the Chairman or any member of the Board of Appeals to give legal advice or to discuss the merits of any petition prior to the public hearing. Any Decision of the BOA 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. CBI Farm Special Permit Application (2024) Narrative Description of Proposed Events Chatham Bars Inn Farm 3038 Main St., Brewster MA 02631 This 2024 request is for the same number of events (36) as in prior years. No change in the number or location of the events is proposed. The currently-scheduled dates of events for 2024 are: 05/22/2024, 06/04/2024, 06/06/2024, 06/22/2024, 06/26/2024, 07/02/2024, 07/09/2024, 07/11/2024, 07/16/2024, 07/18/2024, 07/23/2024, 07/25/2024, 07/30/2024, 08/01/2024, 08/06/2024, 08/08/2024, 08/13/2024, 08/15/2024, 08/21/2024, 08/24/2024, 08/28/2024, 08/30/2024, 09/04/2024, 09/11/2024, 09/18/2024, 10/03/2024, and 10/05/2024. As in prior seasons, events will only be held in the same event area in the middle of the farm property. All conditions agreed to in prior Board reviews will continued to be honored. The Chatham Bars Inn will submit all necessary permits on a per-event basis (including catering license and one day liquor license). Entertainment will be limited to acoustic performances only, with applications sought for events that will feature performers. All tenting and tent permitting will be handled by Chase Canopy or Sperry Tent. Transportation to and from the hotel will be offered to limit traffic concerns, with the option for individuals to park in our on-premises parking lot for those with accessibility concerns. Transportation will be provided by Cape Destinations. Valet assisted self-parking will also be available for larger events. The menu will be centered on locally grown produce sourced from our own farm and procured from local vendors. The Applicant will continue to foster strong connections with the community and highlight the importance of local agriculture with these events. Events will be both public and private. The majority of scheduled events will be private and smaller in size. Public events will be available to Brewster residents, hotel guests, and the community at large. The Applicant remains committed to offering a safe and healthy environment for guests. 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NAIL . r 7 *4/411 ▪ 5045 41401 �' *kV A V 40.0' 2 - 41.7' 144• LOS x01 /2, 34.0' 120" N0 000011022101 01(WMNID 0 LS 1004 1/0 0 Ls 1012 7/0 30.7' 110• 310' No 21Ot90a1A100 21404315012➢ ZONING SUMMARY 2014410 021w01: 0_a 141.132.1.1.1. 1111-pp1A1T IWLL 420 001 .0,240 s/. HA_ (AE 1000(4 e 1 14 700171 .711(10( 4e1L s2F SE101 X 40 MAR 02404100 REMIT 71.` '43410 LOWER WHIR BRI 7000.2 401RIC1 [ 1 0 LL OWNER OF RECORD FAMIGIS 70700 3030 110 4017: 040 10472 REFERENCES 22.4 1190314 (0417101200-- .. TITLE 5 SITE PLAN OF 3038-3044 MAIN STREET BREWSTER, MA PREPARED FOR FRANCIS GUILIANO NdR]4BFR 4, 2009 MwI. Y� 1tl ha d we cope es reeeriaList y ) vwuorAMPn an9±naars land w (1,u a4Y Ob. le4nha 0 ct The data entrain on It iY *U. ere ,.I prwtdad Tpr lnrosrMaonat and planning po poeer only, T . Town .0 as=mupaMS arc not roaponcIDty tV On Inlets,* ea mbrcprossnt,con orm. eau. MapsOnline by Peop1eGIS 390 780 ft Printed on 0110312023 at 02:46 PM 6 CI b ;glass Edon of Phvoment Butdngc Parcels Tpwn Boundary MA Hiaqhvrsvc ILTIEntorstoto V":7 US Highway .. Numbotaa F.toutoe' Abttttnq Towns BptMm0-5 t C:- 5.10 ft 't,'�'r, 10-15 I1 15.20 ft 535! 20-30 ft I= 30.40 tt En 40.50 ft '. ttim8 $0 -soft Straats ENS CBI Farm Application#24-03 www.brewster-ma.gov Page 1 of 2 3/5/2024 DEPARTMENT REVIEWS Application #24-03 APPLICANT: Joshua Schiff – CBI Farms REPRESENTATIVE: Andrew Singer, Attorney at Law MAP/LOT: Map 101, Lot 26 PROPERTY ADDRESS: 3038 Main Street Received from: Natural Resources Dept. Comments received from Chris Miller Natural Resources Department responded with no comment on this application. Historic District Committee Comments received from Erika Glidden HDC responded with no comment on this application. Police Dept. Comments received from Chief Eldredge and Lt. Charles Mawn This venue has hosted identical events in the past without any issues requiring police intervention. All of the typical concerns of the police department (parking, identified areas of alcohol service/consumption, hours of operation, etc.) have been addressed within the applications. There are no further comments or concerns by the police department. Health Dept. Comments received from Sherrie McCullough Health Department staff have collaborated with the Chatham Bars Inn Farm Stand Management Team as well as Chatham Bars Inn Culinary Team to discuss plans for the 2024 Farm-To Table Dinner events. Floor plans and site plans have been reviewed and approved. Management will be adding new equipment including a cold box, portable hand sinks, two propane grills with roll top covers and two countertop burners to their operation. To ensure food protection and safety final food plating will take place under a tent this season. A new Standard Operating Procedures Plan has also been submitted and approved. Chatham Bars Inn will continue to be required to submit a Caterer’s Registration Form for each event scheduled at the Farm. A detailed menu will need to be attached to each Registration Form. They will also need to provide a copy of their Caterer’s License as well as copies of their Certified Food Manager’s Certification and their Allergen Awareness Certification. A site visit will be scheduled once the dinners commence for the season. Fire Dept. Comments received from Chief Moran Parking allowed in designated spaces only. No stopping/parking/standing in fire lanes surrounding main building. No parking on interior roads. Access to all event areas shall be maintained at all times. Propane storage shall comply with all regulations contained in 527 1.00 MA Comprehensive Fire Safety Code. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Application#24-03 www.brewster-ma.gov Page 2 of 2 3/5/2024 Assessor Dept. Comments received from Jim Gallagher Assessor’s Department responded with no comment on this application Administration Comments received from Peter Lombardi, Donna Kalinick and Erika Mawn CBI Farms is only allowed 30 One Day Liquor Licenses per calendar year. Their larger events (Tomato Fest and Fall Frolic) have caused traffic concerns, parking plan should be requested in advance of these events. Also do these events fall under the 36 dates listed on their request? Rain dates should be communicated/approved in advance through the Town Manager’s office. Last year CBI had two private rehearsal dinners, are these types of events included in the permit request of 36 events? Water Dept. Comments received from Paul Anderson Water Department responded with no comment on this application. Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Deputy Assessor James M. Gallagher, MAA Abutters List Within 300 feet of Parcel 101/26/0 #24-04 Owner/Applicant: Ocean Edge Resort, LLC 2907 Main Street Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www. brewster-ma. gov ZBA CASE FILE # p77 ~ O, APPLICATION FOR BREWSTER ZONING BOARD OF APPEALS SPECIAL PERMIT/ ZBA APPEAL APPLICATION Date + Time Stamped By Town_; NAME OF APPLICANT Ocean Edge Resort,LLC REPRESENTATIVE John M. O'Reilly, P.E., P.L.S. PHONE NUMBER 508-896-6601 MAILING ADDRESS P.O. Box 1773, Brewster, MA 02631 E- MAIL ADDRESS joreilly@jmoreillyassoc.com PROPERTYADDRESS 2907 Main Street CURRENT PROPERTY OWNER(S) Ocean Edge Resort,LLC (OER) and Baypines Condominium Assoc. (BCA) 32280 (OER) REGISTRY OF DEEDS TITLE REFERENCE BOOK 32280 (BCA) CERT. OF TITLE # LAND COURT # PLAN # Book 679, Page 81, Lot 6 and Book 649, Page 82, Lot 7 MAP # 90 259 (OER) PAGE 256 (BCA) LOT #160 (OER) and 160-2381 (BCA) ZONING DISTRICT RM YEAR BUILT 1909 STATEMENT OF PROJECT Refer to Project Narrative FLOOD PLAIN AE OR VE !11- Z4f •f SIGNATURE = ' . WNE ` ENT FOR OWNER DATE NOTE: This petition is NOT COMPLETE until all information ovided. Accuracy of this information is the responsibility of the petitioner.( Initial ) N:\Planning\ZONING BOARD of APPEALS\FORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 1 7/19/2018 12:02 PM MGL 40A, Section 6B, Brewster Zoning Bylaw 179-27, Article 8 DATA SHEET NOT APPLICABLE 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 FRONTAGE EXISTING REQUIRED LOT SIZE 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 Reauired is the applicable setback required currently in the Brewster zoning bylaw Proposed is the setback being requested LOT COVERAGE EXISTING % PROPOSED % ALLOWED % SIZE OF PARCEL sq. ft. BUILDABLE UPLAND sq. ft. BUILDING COVERAGE/PRIMARY STRUCTURE sq, ft. N:1Planning'ZONING BOARD of APPEALSIFORMS AND APPLICATIONS1Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 2 7/19/2018 12:02 PM BUILDING COVERAGE ALL OTHER STRUCTURES sq, ft. BUILDING HEIGHT: EXISTING PROPOSED SPECIAL PERMITS: n APPLICATION FOR SPECIAL PERMIT AS SET FORTH IN G.L.C. 40A, #9, SECTION 179-51, BREWSTER BYLAW UPON WHICH THE BOARD IS EMPOWERED TO ACT. SECTION(S) PARAGRAPH(S) OF BREWSTER BYLAW UNDER WHICH THE SPECIAL PERMIT IS SOUGHT AND A BRIEF DESCRIPTION OF THE PROPOSAL. SEE ATTACHED NARRATIVE ADDITIONAL COMMENTS: APPEAL IN ACCORDANCE WITH G.L.C. 40 A:8, 14 CITE ORDER OR DECISION OF ZONING AGENT OR OTHER ADMINISTRATIVE OFFICIAL OR ATTACH LETTER FROM ZONING AGENT/ADMINISTRATIVE OFFICIAL. N:1Planning\ZONING BOARD of APPEALSIFORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 3 7/19/2018 12:02 PM ❑ VARIANCE: in accordance with MGL 40A§ 10 MGL 40A Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that; 1. 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 2. 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 3. 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. The Board must find that applications for a variance meet all three findings. N:1Planning\ZONING BOARD of APPEALSIFORMS AND APPLICATIONS\Special Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 4 7/19/2018 12:02 PM 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. Completed application packages include twelve (12) copies of the following: • 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 • CHECK IN THE AMOUNT OF THREE HUNDRED ($300) DOLLARS 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 on 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 www. town. brewster. ma. GOV Please be advised that it is improper for the Chairman or any member of the Board of Appeals to give legal advice or to discuss the merits of any petition prior to the public hearing. AFTER YOUR HEARING: Within two weeks a formal decision will be written, signed and time stamped with the Town Clerk. A 20 -day appeal period the follows. If NO appeals are taken, you will receive your final sealed decision, file with Barnstable Registry of Deeds and proceed with obtaining your Building Permit. Any Decision of the BOA 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. N:1Planning\ZONING BOARD of APPEALSIFORMS AND APPLICATIONSISpecial Permit ZA Appeal and Variance APPLICATION UPDATED 07.18.18.doc Page 5 7/19/2018 12:02 PM Ellen Murpy From: Victor Staley Sent: Friday, February 2, 2024 3:51 PM To: Ellen Murphy Cc: Jonathon Idman; Erika Glidden; Erika Glidden; Lynn St. Cyr; joreilly@jmoreillyassoc.com Subject: FW: ZBA Special Permit App - Ocean Edge Front Lawn Seating, 2907 Main Street, Map 90 Lot 160 Attachments: 6871.FRONT LAWN SITE PLAN - 2024 - REDUCED SCALE 11x17.pdf; deed ocean edge inn Ip to ocean edge resort Ip 11-17-97.PDF; Front Lawn Operational Plan 1-30-24.docx; JMO Application Narrative 01302024.pdf; Stamped Front Lawn Site Plan -Ocean Edge Resort 01302024.pdf; ZBA Application - Ocean Edge Resort Front Lawn Seating 01302024.pdf Hello Ellen, This application is properly prepared to be submitted to the Board of Appeals for a Special Permit pursuant to Brewster Zoning Bylaw, Section 25-B, to alter/increase the nonconforming nature of the existing use. I would also offer the opinion that this application does not trigger the need to obtain either a Staff Review pursuant to Brewster Bylaw Chapter 83 or a Site Plan Review pursuant to Brewster Zoning Bylaw Article XII. If I can be of further assistance, please do not hesitate to contact me. Victor Victor Staley Alternate Building Commissioner 508-896-3701 ext. 1125 From: Ellen Murphy <emurphy@brewster-ma.gov> Sent: Tuesday, January 30, 2024 11:06 AM To: Richard Leibowitz <rleibowitz@brewster-ma.gov>; Victor Staley <vstaley@brewster-ma.gov> Subject: FW: ZBA Special Permit App - Ocean Edge Front Lawn Seating Please see attached. Could you also provided me with a referral regarding this application? Thank you, Alen Aluglhly Administrative Assistant Zoning Board of Appeals 508-896-3701 x 1168 Brewster Town Offices will be open to the public Monday through Thursday from 8:30am to 4:OOpm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov 1 From: Alyson Wright <awrightPimoreillyassoc.com> Sent: Tuesday, January 30, 2024 11:02 AM To: Ellen Murphy <emurphy@brewster-ma.gov> Cc: Jonathon Idman <jldman@brewster-ma.gov>; John O'Reilly <joreill+@imoreillvassoc.com> Subject: ZBA Special Permit App - Ocean Edge Front Lawn Seating Good Morning! Attached please find a ZBA Special Permit Application for Ocean Edge Resort Front Lawn Seating. I will be delivering the 12 hard copies along with the application fee by 1:00 today. Please let me know if you need anything else. Thank you! See you soon! Alyson Wright J.M. O'Reilly & Associates, Inc 1573 Main Street 2nd Floor / P.O. Box 1773 Brewster, MA 02631 508-896-6601 508-896-6602 fax http://www.jmoreillyassoe.com Please visit us on Facebook! https://www.facebook.com/pages/JM-OReillv-Associates-Inc/197366633630535 Confidentiality Notice: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it was addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. 2 TP,A J.M. O'REILLY & ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting Application Narrative: Applicant: Ocean Edge Resort, LLC Re: Request for seating on the Front Lawn of the Ocean Edge Resort 2907 Main Street, Brewster, MA January 30, 2024 Applicant seeks a Special Permit pursuant to Section 179-25 B. of the Brewster Zoning Bylaw and M.G.L. C. 40A sec. 6, to change, extend or alter the non -conforming use of the Property located at 2907 Main Street, currently utilized as the Ocean Edge Resort, to include outdoor dining on the front lawn of the Resort Property in accordance with the Site Plan and the Front Lawn Operational Plan filed herewith. The proposal includes eleven sails with a total of 66 seats to be placed on the front lawn substantially as shown on the site plan from Memorial Day Weekend until Columbus Day Weekend. Three temporary (portable structures) would also be placed on the front lawn consisting of shed A —kitchen, and shed B concession stand, portable pizza oven(s). Food and beverage would be served from 4:00 pm — 9:00 pm daily. During the past three years of the COVID pandemic the Resort, as a result of the Governor's Emergency Orders, has been licensed by the Town for 114 seats on the front lawn with identical temporary structures and operational limitations. While the COVID Emergency Declaration has expired the public need and demand for outdoor dining continues. The reduced outdoor dining proposed represents the Applicant's attempt to meet this continuing public need and demand. Applicant suggests the proposal meets the statutory and bylaw standard as it will not be substantially more detrimental to the neighborhood than the existing non -conforming Resort use as follows: 1) The wastewater flow associated with the outdoor dining use is within the capacity of the existing wastewater facility (a 3.4 % increase in flow from pre -pandemic levels). 2) The applicant valet parking arrangement (utilized at 114 seats) for the last 3 years has provided sufficient parking. 3) The front lawn outdoor dining is consistent with the Resort use and represents a minor increase in Resort activities at the Property. 4) A continued public need and demand for outdoor dining will be provided. 5) Given the preparation of the Front -Lawn Operational Plan and the fact that the activities proposed are located in the internal portion of the Resort property, there will not be impacts to the neighborhood beyond the customary impacts of the existing Resort. J.M. O'Reilly & associates along with Attorney Micheal Ford look forward to meeting with the Board to review the Resorts request. 1573 MAIN STREET, P.O. Box 1773, BREWSTER, MA 02631 ' PHONE: (508) 896-660I • FAX: (508) 896-66o2 WWW.JMOREILLYASSOC.COM FRONT LAWN OPERATIONAL PLAN An outline for planning, monitoring, managing, and review of daily operations for the Front Lawn dining option at Ocean Edge Resort & Golf Club Dates and Hours of Operation Our proposed plan for operations is based on daily business. However, this may result in only operating on weekends in the Spring and/or Fall. 1.Dates – Memorial Day Weekend through Columbus Day Weekend, inclusive 2.Daily hours of Operation – 4:00pm – 9:00pm with lawn cleared by 10:00pm of all guests. Team members may still be finalizing clean-up duties post 10:00pm Alcohol Sales All laws and rules that are encompassed by our Resort Liquor License will be adhered to at the Front Lawn. 1.All Alcoholic beverages are “Canned” – Beer, Wine, “Ready to Drink” Cocktails. There is no “Bar” for mixing cocktails, everything is pre-portioned and labeled with alcohol content. 2.“BYOB” is strictly prohibited. Signs will be in place around the Front Lawn indicating this. 3.Signage for restricting alcoholic beverages beyond a certain point will also be in place. Food Preparation All food preparation will be conducted within the rules outlined in the latest Food Code and enforced by inspections from the Brewster Health Department. 1.One shed is dedicated to the preparation and service of Food. Proper refrigeration, work surfaces, and sanitation practices are included. 2.A hand sink exists in the shed for proper hand-washing practices. 3.Food is cooked in 2 enclosed Pizza Ovens, just outside the shed. 4.Proper Hot Holding equipment exists in the shed. *All subject to review by the Board of Health and passed inspections from the Health Department F&B Service/Trash The Front Lawn is a “take-out” based operation, meaning there is no “table service” and everything is served in disposable containers. Some guests choose to take their food back to their rooms, however, there are those that will sit at one of the 66 seats. 1.Daily staff consists of: a.Dedicated Manager to oversee day-to-day operations. b.Servers/Order Takers in the shed to accommodate guest orders and requests. c.Outside Support to assist guests with picking up their food and other guest assistance. d.Cooks to prepare and cook food for this venue. 2.Trash cans are placed conveniently around the lawn near each “pod” to promote guests disposing of their own trash. 3.Service team periodically patrols during service to empty receptacles and assist with trash monitoring. 4.All trash is disposed into existing compactor behind the Carriage House. 5.Reservations are not accepted; it is a first come – first serve operation. Front Lawn Games/Activities Ocean Edge provides outdoor “lawn” games for Children of all ages to enjoy as part of the dining experience at the Front Lawn. 1.Games include, but not limited to: Corn Hole, Stacking Buckets, Croquet, Hula Hoops, Giant Jenga 2.Games are monitored by activities team member. Parking Valet parking is provided on weekends and any other days where need is determined during the period the Front Lawn will be open. N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y BREWSTER MA 6' E NOT TO SCALE KEY MAP N/F Bay Pines Condominium Association Assr's Map 90, Parcel 160 Deed Book 5432, Page 180 Lot 3, Plan Book 372, Page 72 Lot 3 Area = 13.85 Acres N/F Ocean Edge Resort Limited Partnership 2907 Main Street Assr's Map 90, Parcel 160 Deed Book 11066, Page 164 Lot 2, Plan Book 372, Page 72 EX(Sg�\ p(NNG EAST W Sheds EXISTING BUILDING 'THE CARRIAGE HOUSE' PORTABLE PIZZA OVENS WITH OVERH AD AWNING CB FND 01 . TRI-SAIL TENTING WITH SEATING (TYPICAL) AREA = 365,867 SF± (8.40 ACRES±) Ocean Edge Resort, LLC CB FND AREA = 76,2135F± (1.75 ACRES±) Baypine Condominium AssociaSon PLAN BOOK 372 PAGE 72 ZONING: ZONE: RESIDENTIAL- MEDIUM (RM) LOT AREA: 60,000 SF FRONTAGE: 150 FT SETBACKS FRONT YARD: 40 FEET SIDE YARD: 25 FEET REAR YARD: 25 FEET _ —CHAIR (TYP) D 0 TENT TYPICAL SEATING DIAGRAM FOR TRI-SAIL TENTING 6 -SEAT LAYOUT SCALE: 1" 20' SITE PLAN SHOW' ► - THE PROPOSED SEATING ON ' E FRONT LAWN AT O A N EDGE RESORT PREPARED FOR CEAN EDGE RESORT, LLC 2907 MAIN STREET (ROUTE 6A) BREWSTER, MA 0 40 80 120 SCALE I"= 40' JANUARY 30, 2024 MADE BY J.M. O'REILLY & ASSOCIATES, INC. 1573 MAIN STREET, P.O. BOX 1773 BREWSTER, MASSACHUSETTS 02631 PHONE: (508) 896-6601 W W W.J MORE I LLYASSOC.COM AAJobs\Corcoran -Jennison\Mansion 6871\dwg\6871.2022 FRONT LWN SEATING- 2024.4 J MO -6871 Application#24-04 www.brewster-ma.gov Page 1 of 2 3/5/2024 DEPARTMENT REVIEWS Application #24-04 APPLICANT: Ocean Edge Resort, LLC REPRESENTATIVE: John M. O’Reilly, PE, P.L.S. MAP/LOT: Map 90, Lot 160 PROPERTY ADDRESS: 2907 Main Street Received from: Natural Resources Dept. Comments received from Chris Miller Natural Resources Department has no comment on this application. Historic District Committee Comments received from Erika Glidden The applicant is aware they need to apply for the HDC Certificate of Appropriateness. Police Dept. Comments received from Chief Eldredge and Lt. Charles Mawn This venue has hosted identical events in the past without any issues requiring police intervention. All of the typical concerns of the police department (parking, identified areas of alcohol service/consumption, hours of operation, etc.) have been addressed within the applications. There are no further comments or concerns by the police department. Health Dept. Comments received from Sherrie McCullough The Food Service Activities are an extension of the currently licensed full food service indoor restaurants (Bayzo’s Pub & Ocean Edge Banquet Ballroom Kitchen) which are operated annually. The seasonal Front Lawn Activities is a take-out food service only. All finished food preparation, production, and storage on the Front Lawn occurs within two sheds (Kitchen Shed and Beverage/Order Shed) that have been retrofitted to meet the minimum standards of the MA Food Code. Additionally, there are two outdoor pizza ovens located adjacent to the sheds. All food preparation and cooking, excluding made-to-order pizzas, are completed in Bayzo’s or Banquet Kitchens prior to transportation to the Front Lawn. The Pizza Ovens are used to reheat hot menu items and cook pizzas to order. An overhead awning with adjustable sides has been installed over the pizza ovens and between the sheds to provide adequate protection for transportation of uncovered food between the sheds and the pizza ovens. In addition to the awning, tables will be used to demarcate employee only restricted areas around the pizza ovens and provide a designated pick-up area for food orders. Any proposed changes to the current Front Lawn Activities business operation, including changes to the menu, will require review and approval by the Board of Health. A pre-opening inspection is conducted by Health Department staff prior to opening for each new season. The current and proposed Front Lawn Food Service Activities, operating as a seasonal take- out food service use for 66 seats total, does not impact the existing septic system capacity per the design engineer. To date this operation has run quite successfully with no health issues or concerns. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov Application#24-04 www.brewster-ma.gov Page 2 of 2 3/5/2024 Fire Dept. Comments received from Chief Moran No parking/standing/stopping on roadway (fire lane) adjacent to front lawn/cooking/serving area. FD shall conduct inspection prior to opening date. Propane storage shall comply with all regulations contained in 527 1.00 MA Comprehensive Fire Safety Code. Administration Comments received from Peter Lombardi, Donna Kalinick and Erika Mawn The current Entertainment License allows for music on the front lawn in a tent with sides down until 10pm. There is no approval for entertainment on the front lawn otherwise. If they want to serve alcohol on the front lawn then they would need to complete an alteration of premises through the Select Board for their Liquor license, as the front lawn is not designated on their license. See the latest on the Advisory from the ABCC which was last issued March 30, 2023, at this time there has not been another extension: o An amendment to this Act extends permitting licensees for on-premises consumption to continue with (1) expanded patio service and (2) extends the ability to sell alcoholic beverages for takeaway and delivery: o Patios/Outdoor Expansions: licensees that have been approved for expanded patio/outdoor service may continue their outdoor operations until April 1, 2024. o Takeaway/delivery of alcohol: establishments licensed for on-premises consumption of alcohol may continue takeaway and delivery sales of alcohol until April 1, 2024. All alcohol sold for takeaway/delivery must be sold with food and at the same price as alcohol for on-premises consumption. Assessors Dept. Comments received from James Gallagher The proposed project spans two parcels on our assessors’ map. The Ocean Edge Resort LLC parcel (Lot 6 on Plan Bk 679 Pg 81) is Assessor Parcel # 90-160-0. The Baypines Condominium Association parcel (Lot 7 on Plan Bk 679, Pg 81) is now part of Assessor Parcel # 90-160-3 (as a result of prior ANR plans and Amendment to Master Deed). Water Dept. Comments received from Paul Anderson The Water Department has no comment on this application Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 James M. Gallagher, MAA Deputy Assessor Abutters List Within 300 feet of Parcels 90/ 90/160/0 t{ 411;166/1 21; an he I: • y I1. .t�9D116tkr1s64 and, o h r 60/12 k .:. 1 J152p \ :y r w 9Di21 D t tj ,.. 1 b j�.