HomeMy WebLinkAboutMinutes - PB - 01/06/2016 Planning Board Meeting APPROVED MINUTES 1 of 4
January 6,2016
COHASSET PLANNING BOARD MINUTES
DATE: JANUARY 6,2016
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
Board Members Absent: Charles A. Samuelson, Clerk (CS)
Erik Potter,Associate Member(EP)
Recording Secretary Present: Jo-Ann M. Pilczak, Planning Board Administrator
CALLED TO ORDER AT: 7:05 P.M.
7:05 P.M. 15 JERUSALEM RD. DR. LARGE HOME REVIEW PUBLIC HEARING - (MD) read
Notice of Public Hearing
In attendance to represent agenda item: Can Tiryaki, Tiryaki Architectural Design; Applicant/Owners: Christina
and Alan Vater.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
— Form 11 —Large Home Review Application and Planning Board Statement of Litigation Policy
— Site Plan, prepared by Cavanaro Consulting, dated: 12/07/15
— Architectural plans A0.0, A0.1, AE1.1, AE1.2, AE2.1, AE2.2, A1.0, ALL, A1.2, A1.3, A2.1, A2.2,
prepared by Tiryaki Architectural Design,LLC, dated 12/03/15
— Comments from Water Dept.,BOH, Conservation, ZBA
Proposal is to construct a 30 ft. x 25 ft. two- story addition with garage on first level and bedrooms on the second
level and to convert the existing attic into a master suite resulting in a total of 4,872 sq.ft. residential gross floor
area which triggered a Large Home Review. Proposal complies with all height and setback regulations. Abutter
Deb Bowen, 11 Jerusalem Rd. Dr. noted that the common drive is on her property with an easement to access the
Vater property. She would like to have further conversation with the Vaters as to how the common driveway area
will be treated in terms of landscape and materials. CB noted that what happens in easements is not within the
purview of the Planning Board. Vaters stated that they are more than agreeable to treating the area accordingly
after discussion with the Bowens. Stormwater Permit has been issued by Conservation Commission.
MOTION: By Member Frazier to close the public hearing
SECOND: Member Drinan
VOTE: 4—0 MOTION CARRIES
MOTION: By Member Frazier to recommend, with standard boiler plate conditions, the Building
Inspector issue a building permit for this proposal.
SECOND: Member Drinan
VOTE: 4—0 MOTION CARRIES
7:15 P.M. LOT#11 GAMMONS ROAD, LARGE HOME REVIEW CONT'D PUBLIC HEARING
In attendance to represent agenda item: G. Morse,Morse Engineering.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
— Site Plan, prepared by Morse Engineering, revision date: 12/15/15
— Legal Opinion provided by Attorney Charles J. Humphreys, dated: 12/30/15, date stamped: 01/06/15
— Adam Moring 12/16/15 email to Applicant William Earon, re: roof projections, date stamped: 01/06/16
Planning Board Meeting APPROVED MINUTES 2 of 4
January 6,2016
— Legal Opinion provided by Attorney Richard A. Henderson, re: question of common driveway access, dated:
01/05/16; date stamped: 01/06/15
— Comments from Water Dept., BOH and ZBA on REVISED plan
Morse: issues addressed since last hearing included the access easement and the common drive and, area
calculations added to plans( 18.9%building coverage—20%allowed; 24.8%lot coverage—30%or less allowed).
Attorney Henderson: explained his opinion as to why the access is not a common driveway.
Attorney. Icy(representing abutter Wieland): Primary issue is insuring that the Board's decision be conditioned
on their building the new driveway in accordance with this plan and that the Board is approving this plan with this
access to the Wieland property so there is never any question about this when they sell the property at some point—
and that the decision be conditioned upon the provision of an easement to pass and repass. Henderson agreed that
Wieland should not be deprived of the rights he has now including the right to install utilities in that roadway in the
future and that a valid, enforceable and legal easement document will be drafted and recorded that will be as legal
as the existing one created in 1959. (DD) noted that easement issues are outside the purview of the Planning
Board. (CB) agreed but thought the Board could include in the recommendation that the access to the lot be
maintained throughout construction and that easement language be filed that is acceptable to both parties as a pre-
condition of granting a building permit. Ivimey also mentioned Wieland's desire to have the wall to the West of the
driveway removed as it makes that part of the drive too narrow for larger trucks especially in the winter.
MOTION: By Member Drinan to close the public hearing and to recommend to the Building
Commissioner that building permits be issued for this Large Home Review project with standard boiler
plate conditions and with the understanding that prior to the issuance of the building permit and prior to
construction, the easement issues will be fully resolved to the satisfaction of both parties and that there was
common agreement between the parties that the stone wall to the West of the driveway is to be eliminated.
SECOND: Member Frazier
VOTE: 4—0 MOTION CARRIES
7:29 P.M. 100 POND ST. MODIFICATION — FINAL CONDITION OF APPROVAL — ATTORNEY
RICHARD HENDERSON - not addressed—engineer did not submit docs
7:32 P.M. 807 CJC HWY. SITE PLAN REVIEW CONTINUED PUBLIC HEARING
In attendance to represent agenda item: Greg Morse, Morse Engineering; Owner: J. Sajjan.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
— 12/15/15 Transmittal letter from Jeffrey Hassett,Morse Engineering, date stamped: 12/16/15
— Traffic Impact and Access Study, prepared by Vanasse & Associates, Inc., dated: December, 2015 and date
stamped: 12/16/15
— 12/31/15 review and comment on revised plans, date stamped: 01/04/16
— 01/05/16 Response to Civil Designs 12/31/15 comments, prepared by Morse Engineering, date stamped:
01/06/15
— Stormwater Report with Watershed Delineation Plan"WS", prepared by Morse Engineering, dated: 09/24/15,
revision date: 01/05/16
— Site Layout Plan Sheet 1 of 2 and Construction Details Plans Sheet 2 of 2, revision date: 01/05/16.
Morse outlined all revisions: Traffic report; updated site plan; new parking layout; negotiated easements with
abutter which eliminates need for new curb cut and moved all parking to the side; filed documents with Mass.Hwy.
to document existing curb cut; new ADA accessible walkway into building; replacing failed septic system;
regrading to direct run-off to rain garden; cleaning up front of site; redesigned traffic flow so there is one lane into
site and two lanes exiting site —traffic engineer recommended this approach so exiting cars can be in one lane to
turn north on Rt. 3A or in second lane to turn south onto Rt. 3A. Applicant proposes off peak hours delivery to
his business—he expects trucks smaller than tractor trailer trucks and states there is enough room on site for large
box trucks to fully pull into his site and back into space.
Asst. Chief Dockray: cautioned Board not to be fooled by expectation that no semi-tracker trailer trucks will be
doing deliveries —Village Greenery deliveries are all by tractor trailer trucks that park on Rt. 3A. Easement with
abutter greatly helps FD access.
Modzelewski:
• Wants to know why easement ends short of the driveway
• Wants dimensions of drive aisles added to plans
Planning Board Meeting APPROVED MINUTES 3 of 4
January 6,2016
• Would like explanation of why traffic engineer proposes 3 access lanes
• Suggested striping the turn radius on access lane to show more formal entry lane
• Planning Board has to decide proposal is safe and convenient—but, the applicant does not have control
over things like delivery trucks to abutting property in terms of delivery times and parking of large
trucks on Rt.3A during deliveries which obstruct site lines for vehicles exiting the site.
• Reviewing his 12/31/15 comment letter,he noted that most of his comments have been addressed
• Drainage Calcs were just submitted today—he has not had opportunity to review them or to review new
plans and updated traffic report.
• No landscape plan submitted although this is a small site.
• 35 ft.green belt should be called off on plan
• Overhead power lines are still planned—they do not want to put anything underground
• No discussion of irrigation of green belt has taken place yet
• Traffic engineer site distance—Board has to decide how to worksmith this so it gets done because traffic
engineer's conclusions were based on having those site distance recommendations
• Major thing is to nail this proposal down to something the Board is comfortable with and that
Modzelewski can advise the Board is appropriate.
(CB). thinks an ADA space is needed —Morse indicated one could be provided easily.
No public comments
MOTION: By Member Frazier to continue the public hearing to February 3,2016 at 7:00 P.M.
SECOND: MemberDrinan
VOTE: 4—0 MOTION CARRIES
8:15 P.M. SSG SELF-STORAGE FACILITY—DISCUSSION ABOUT COVENANT
In attendance to represent agenda item: Attorney Richard Henderson; David Fulton and David Williams, SSG;
Rob Schwandt, Crocker II Realty.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
- Attorney Henderson 01/05/16 letter to C. Brewer re: Scituate Hill Subdivision Decision Dated April 26,2006.
Henderson presented his opinion that the Board does not have to amend the Scituate Hill Subdivision Decision in
order to make administrative decisions about the covenant — Once 81U is complied with, it becomes decision of
Board as to what kind of security they want—this can be done in a meeting.
Relative to SSG: person who was granted subdivision approval is not the person who is building the Self Storage
Facility. SSG has closing issues and would like to seek a partial release of the covenant which will allow them to
close their loan and get a building permit with the understanding that the lot is not released for sale or certificate of
occupancy. The covenant is to ensure health and safety—in this case, no one will be living in this building and the
fire department will have adequate access.
Town Counsel:
- agreed with the first part of Henderson's letter in that a public hearing is not needed to substitute a form of
performance guarantee under 81U and, a new public hearing is not needed to release a lot from the performance
guarantee. A builder can substitute forms of security—bond, deposit or tripartite agreement.
- Regarding the request for partial release—his concern is that the performance guarantee is intended to make sure
roadway and utilities get done. He advises caution to make sure there is something to guarantee utilities and
roadway are built. They are asking for partial release,not a substitute, but what they are really asking for is to build
upon but not convey. Board could require that there not be a certificate of occupancy until John Modzelewski signs
off that he is satisfied. Tripartite might be a possibility.
Modzelewski: option is to get a bond and present it as a substitute for the covenant — all lots could then be
released. But,Board should be careful and very sure about exactly what is going to be constructed—he would like
it built as was presented.
(CB) SSG has to come up with something agreeable to Town Counsel, then, Planning Board might be on board
with it.
Discussion to be continued on January 20,2016 at 7:25 PM.
Planning Board Meeting APPROVED MINUTES 4 of 4
January 6,2016
8:12 P.M. ADMINISTRATION
- VOTE TO APPROVE DECEMBER 16, 2015 MEETING MINUTES
MOTION: By Member Dickey to approve December 16,2015 meeting minutes
SECOND: Member Frazier
VOTE: 3-0 MOTION CARRIES (Drinan was not in attendance at 12/16/15 meeting)
- VOTE TO APPROVE 2015 PLANNING BOARD ANNUAL REPORT
MOTION: By Member Dickey to approve the 2015 Annual Report
SECOND: Member Frazier
VOTE: 4—0 MOTION CARRIES
- VOTE TO APPROVE PAYROLL FOR PERIOD ENDING DECEMBER 27, 2015
MOTION: By Member Dickey to approve the payroll for the period ending December 27,2015
SECOND: Member Frazier
VOTE: 4-0 MOTION CARRIES
- VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES:
• DW INV. #1 807 CJC HWY. $1,131.00
• DW INV. #2 807 CJC HWY. $ 174.00
• CDI INV.#399 COOK ESTATE $320
• CDI INV.#400 MANOR WAY CIRCLE $1200
• CDI INV.#402 SELF STORAGE FACILITY $3520
• CDI INV.#403 808 JERUSALEM RD. $1440
• CDI INV.#404 ESTATES AT COHASSET $480
• CDI INV.#405 SCITUATE HILL SUBDIVISION $1600
MOTION: By Member Dickey to ratify Brewer's signature on above cited invoices correcting Scituate Hill
Subdivision Invoice#399 to Invoice#405.
SECOND: Member Frazier
VOTE: 4-0 MOTION CARRIES
PUBLIC COMMENT (5 MINUTES MAXIMUM) -none
TOPICS NOT REASONABLY ANTICIPATED BY CHAIR 48 HRS IN ADVANCE OF MEETING-none
MOTION: By Member Drinan to adjourn at 8:45 P.M.
SECOND: Member Frazier
VOTE: 3—0 MOTION CARRIES
NEXT MEETING: WEDNESDAY, JANUARY 20, 2016 AT 7:00 P.M.
MINUTES APPROVED: CLARK BREWER, CHAIRMAN
DATE: JANUARY 20, 2016