HomeMy WebLinkAboutMinutes - PB - 09/25/2015 Planning Board Meeting APPROVED MINUTES 1 of 3
September 2,2015
COHASSET PLANNING BOARD MINUTES
DATE: SEPTEMBER 2, 2015
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL—BASEMENT MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Clark H. Brewer, Chair (CB)
David Drinan,Vice Chair (DD)
Michael Dickey (MD)
Brian Frazier (BF)
Erik Potter,Associate Member(EP)
Board Members Absent: Charles A. Samuelson, Clerk (CS)
Recording Secretary Present: Jo-Ann M. Pilczak, Planning Board Administrator
Meeting called to order at: 7:03 P.M.
7:00 P.M. ZBA RECOMMENDATIONS
468 CJC HWY. SPECIAL PERMIT APPLICATION. APPL: CAVANARO CONSULTING ON BEHALF
OF OWNER JOHN P.McNULTY
In attendance to represent agenda item: John Cavanaro, Cavanaro Consulting.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• ZBA Special Permit Application, date stamped 08/19/15
• Site Plan ZBA, prepared by Cavanaro Consulting, dated: 07/09/15
• 2 pp. of building elevation plans
Site is a 6.5 acre lot with an existing principle dwelling, guest house and garage. Owner is a classic car collector
and proposes to add a 24 ft. x 32 ft. addition onto existing garage. Existing garage is within setback—4.5 ft. from
lot line. Proposed addition will extend the 4.5 ft. but not be any closer than the 4.5 feet. Proposed plan also
removes some impervious surface. Proposal has already received an Order of Conditions from Conservation. The
applicant is seeking relief for setback(will not be any closer to lot line than currently exists)and for flood plain.
MOTION: By Member Dickey to recommend the ZBA approve this special permit.
SECOND: Member Drinan
VOTE: 4—0 MOTION CARRIES
183 JERUSALEM RD. SPECIAL PERMIT APPLICATION. APPL: PAMELA AND DAVID MALTZ
In attendance to represent agenda item: John Cavanaro, Cavanaro Consulting; Can Tiryaki, Tiryaki Design Assoc.;
Attorney RichardHenderson.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• ZBA Special Permit Application, date stamped 08/19/15
• Existing Conditions Plan, prepared by Nantasket Survey Engineering,LLC dated: 10/16/14
• Plans A0.0, AS1.1, AE1.1, AE2.1, AE2.2, ALL, A1.2, A2.1, A2.2, A2.3, A2.4 prepared by Tiryaki
Architectural Design, dated 08/06/15
The proposal is to replace an existing non-conforming garage with a new non-conforming garage which will be
setback further from the street than the existing, decreasing, but not eliminating, the non-conformity. The lot is a
non-conforming lot. The applicant also plans to construct a new dwelling which does not need relief. The
proposed garage will be a two story structure with garage on the first level and living space(bedroom) above.
MOTION: By Member Drinan to recommend the ZBA approve this special permit
SECOND: Member Dickey
VOTE: 4—0 MOTION CARRIES
Planning Board Meeting APPROVED MINUTES 2 of 3
September 2,2015
7:15 P.M. ADMINISTRATION
- VOTE TO APPROVE AUGUST 12,2015 MEETING MINUTES
Two of the four Planning Board members in attendance at tonight's meeting were not in attendance at the August
12,2015 meeting—Board decided to wait to vote on the August 12 minutes until the September 23 meeting.
- VOTE TO APPROVE PAYROLL FOR PERIOD ENDING AUGUST 23,2015
MOTION: By Member Drinan to approve the payroll for period ending August 23,2015.
SECOND: Member Frazier
VOTE: 4—0 MOTION CARRIES
- VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES:
• CDI INV. #384 ESTATES AT COHASSET $930
• CDI INV. #385 808 JERUSALEM RD. $2,247.50
• CDI INV.#386 8 JAMES LANE $2,170
• DEUTSCH WILLIAMS INV.#3 808 JERUSALERM RD. $175.50
MOTION: By Member Drinan to ratify Brewer's signature on above cited invoices
SECOND: Member Frazier
VOTE: 4-0 MOTION CARRIES
- SET OCTOBER,NOVEMBER,DECEMBER MEETING DATES- Oct. 7 and 21;Nov. 4 and 18; Dec. 2
and Dec. 18 (tentative)
- MASTER PLAN UPDATE
CB met with Town Manager re: next step. Funding requests for Special Town Meeting has to happen very soon.
Thought is that we will not do a new master plan but rather reach out to MAPC to craft an RFP and,have an MAPC
planner review current master plan and comment about what is good/not good about it. MAPC will assemble a
proposal. DD suggests looking at other towns' master plans. Step#1 is an RFP with comment&review of current
Master Plan—the RFP will go to Town Meeting. CB to report back to Town Manager. EP volunteered to help.
7:30 P.M. 8 JAMES LANE VILLAGE BUSINESS DISTRICT SPECIAL PERMIT AND SITE PLAN
REVIEW CONTINUED PUBLIC HEARING
In attendance to represent agenda item: Project Manager Paul Sullivan; Partner John Waldstein.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
• Plans C1, 1 of 1, C3,C4,C5,CD-1,CD-2,CD-3,CD-4 prepared by McKenzie Engineering, rev. date 08/18/15
• Landscape plan 1 of 1, prepared by Love Albrecht Howard Gardens revision date: 08/21/15
• Civil Designs 08/31/15 review and comment letter re: FRSP dated 08/18/15
• Plans C1, 1 of 1, C3,C4,C5,CD-1,CD-2,CD-3,CD-4 prepared by McKenzie Engineering,rev. date 09/01/15
Carl Hillstrom, Water Dept. explained looping. L. Jenkins, Water Commissioner noted that looping and no blasting
were listed as requirements for all iterations of James Lane filings and Planning Board conditions are in direct
conflict with that.
Modzelewski (JM) FRSP had to be amended by the conditions of the 2012 decision. He compared what was
written in the decision to the new plan. As of today he is of the opinion that everything in the 2012 conditions that
had to be on the FRSP are on the FRSP. His memory was that the rest would be worked out with the fire dept. The
changes made to plans other than what was in the 2012 conditions are the fly in the ointment. Board has to
determine if those changes are substantial enough to require re-opening new public hearing. Town Counsel - there
should be an application to modify the approval and Board will determine if changes are minor or minor; if major,
a noticed public hearing is required and,the standard for what is a minor change is really quite low; blasting issue is
a method of construction and would not require a new public hearing. Sullivan and Waldstein indicated they are
prepared to honor prior agreements with the water dept. and are prepared to put in writing that they:
1. Will not blast, only hammer
2. Will put in a full loop
3. Will put camera in box culvert in James Brook
4. Will create barrier along easement so heavy equipment will not drive over culvert.
Town Counsel-their agreement would not actually be modifying decision—would be agreement beyond decision.
JM reviewed all comments in his 08/31/15 review and comment memo (which see) and items that been added or
dealt with on the 09/02/15 iteration of plans. New comments: no detail has been provided for the split rail and
Planning Board Meeting APPROVED MINUTES 3 of 3
September 2,2015
solid 6 ft. fence added between the RR tracks and buildings; roof drains are OK.
DD — 4 out of 5 members of current Board were not on Board at time of original 2012 decision. To him, items
reviewed tonight are minor since many have been discussed and agreed to, he sees no reason to reopen public
hearing.
CB—need final letter of agreement and final set of plans and Board will discuss and take votes at next meeting.
MOTION: By Member Drinan to continue to September 23,2015 at 7:30 PM
SECOND: Member Dickey
VOTE: 4-0 MOTION CARRIES
8:15 P.M. 808 JERUSALEM RD. SITE PLAN REVIEW CONTINUED PUBLIC HEARING
In attendance to represent agenda item: Applicant Chris McKenna; Engineer Greg Tansey.
Materials and documents submitted,utilized at this meeting(On file in Planning Board Office)
• Copy of Easement Agreement, recorded 11/16/99, date stamped: 08/25/15
• 08/19/15 Patriot Permitting Transmittal letter, date stamped: 08/25/15 with response to comments
from the 08/12/15 Planning Board meeting.
• Drainage Calculations,prepared by Patriot Permitting, dated: 07/16/15, date stamped: 08/25/15
• Site Plan prepared by Patriot Permitting, revision date: 08/18/15, date stamped: 08/25/15
CB wanted to know about handicapped accessibility and how it effects the site plan. Tansey was not sure where
that was coming from but reviewed some of the changes on a plan (that apparently is a revised plan since the
08/18/15 revision — neither Board, office or JM had seen this plan) including provision of accessible aisle to
elevator and accessible route to aisle, striping has been added to plan. He also reviewed portions of easement
agreement and data—he believes the footprint can be expanded into the easement because it had already been done
by the previous existing fire escape. Town Counsel will review the easement docs if Board requests.
JM -when he reviews a project,he looks at what is allowed by zoning and what the applicant is forced to do by the
site. In this case,the building appears to be close to the side line and is an expansion of a non-conformity which is
a special permit. Also added that, regarding the zoning issues,many times applicants come in with legal opinion as
to why a project can be approved but that is the applicant's burden, not the Planning Board's. Also noted that he
read the ZBA decision and it was merely a decision to allow the applicant to withdraw without prejudice but they
did say the sideyard was 6.1 ft. and the decks are within the 6.1 ft. and are not in the existing conditions so it
might need a special permit or a variance request(Town Counsel confirmed it would be variance request).
Town Counsel noted that a zoning violation is the one reason a Site Plan Approval can be denied.
CB —thinks the proposed building is not on the same footprint as what formally existed—it is expanded into the
setback which requires a special permit from the ZBA and is a reasonable reason to deny the Site Plan Approval.
He also made it clear he wants the most updated plans and docs into JM's hands prior to meetings.
BF —the expanse of paving is pre-existing. Also noted that nothing that has been suggested has been done. He
advises applicant to continue figuring out the design so it meets zoning and ADA.
CB—is uncomfortable that project has ability to go anywhere—there are still zoning issues. This team has to
address - accurately and completely- everything that has been questioned or raised as needing more information—
it has not been which is why tonight's hearing could progress—this filing is just not yet where it needs to be.
MOTION: By Member Frazier to continue to October 7,2015 at 7:30 P.M.
SECOND: Member Drinan
VOTE: 4—0 MOTION CARRIES
• PUBLIC COMMENT (5 MINUTES MAXIMUM) -none
MOTION: By Member Drinan to adjourn at 9:00 P.M.
SECOND: Member Frazier
VOTE: 4—0 MOTION CARRIES
NEXT MEETING: WEDNESDAY, SEPTEMBER 23, 2015 AT 7:00 P.M.
MINUTES APPROVED: CLARK A.BREWER, CHAIR
DATE: SEPTEMBER 23, 2015