HomeMy WebLinkAboutMinutes - PB - 02/03/2016 Planning Board Meeting APPROVED MINUTES 1 of 4
February 3,2016
COHASSET PLANNING BOARD MINUTES
DATE: FEBRUARY 3, 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)
Erik Potter,Associate Member(EP)
Board Members Absent: Brian Frazier,Interim Clerk (BF)
Charles A. Samuelson, Clerk (CS)
Recording Secretary Present: Jo-Ann M. Pilczak, Planning Board Administrator
CALLED TO ORDER AT: 7:05 P.M.
7:05 P.M. 807 CJC HWY. SITE PLAN REVIEW CONTINUED PUBLIC HEARING
In attendance to represent agenda item: Jeff Hassett,Morse Engineering; Applicant Jaginder SaJan
Materials and documents submitted utilized at this meetin On file in Plannina Board Office
PLAN DATE SCALE REVISION DATE
Site Layout Plan Sheet 1 of 2 09/21/15 V =20' 10/19/15, 12/11/15, 01/05/16, 01/20/16
Proposed Easement Plan Sheet 1 of 1 12/04/15 1" =20' 01/20/16
• 01/20/16 Transmittal Letter from Jeffrey Hassett of Morse Engineering with explanation of revision
to plans, date stamped: 01/20/16
• 02/01/16 CDI email re: review and comment on revised plans, date stamped: 02/02/16
Hassett (referring to 01/20/16 site plan and easement plan) reviewed changes: 30 ft. radius entering site
has been defined by striping; easement is 3 ft. wider; dimensioned lanes in and out of site; restriped lines
as double yellow; showed 35 ft. green strip; traffic plan site distances added to site plan. Summarized
positive aspects of project.
Modzelewski: coordinate delivery during off peak hours; 305 ft. site distance has to be maintained;
certified engineer must certify site distances; Mass. Hwy. permits to be provided to Planning Board — all
are acceptable to applicant. Board has all they need to make a decision. Reviewed his 02/01/16 review
and comment letter.
(MD): large delivery trucks concern him, otherwise it is an improvement over existing — engineer noted
deliveries will be off peak
(CB): plan is safe & convenient and harmonious with surrounding properties
(DD): applicant made a number of modifications to address Planning Board concerns. He is comfortable
with the traffic pattern.
No public comment.
MOTION: By Member Drinan to close the public hearing.
SECOND: Member Dickey
VOTE: 3-0 MOTION CARRIES
MOTION: By Member Drinan to approve the Site Plan for 807 CJC Hwy. as presented subject to the
conditions proposed by the Board's consultant and Planning Board standard boiler plate conditions.
SECOND: Member Dickey
VOTE: 3—0 MOTION CARRIES SITE PLAN IS APPROVED.
Applicant's engineer agreed to extend deadline for filing decision by a week—will put in writing.
Planning Board Meeting APPROVED MINUTES 2 of 4
February 3,2016
7:35 P.M. 36-39 AND 45R SO.MAIN ST. - INFORMAL DISCUSSION
In attendance to represent agenda item: Merrill Diamond, Diamond Sinacori; Stephen E. Tise, Tise Design
Associates. Geotech and environmental studies are done. Ground floor uses are what is stipulated in bylaw.
Retail on ground floor to be expanded by about 50% to just over 3,000 sq.ft; extend store fronts out to back of
sidewalk and expand off rear for more back stage retail space. L-shaped, 3 story residential building with below
grade parking access off public parking lot. Sewer easement to be relocated under pedestrian walkway and
reconnect within parking lot. 16 two-bedroom residential units — two are existing on second and third floor of
existing house and fourteen will be new on three levels on the rear. Units to be less than 1,500 sq.ft. FAR is
conforming. Price point is $700,000 to $800,000 but units are going to be very high end so they expect units could
sell for $1 million. Major issue - commercial use on ground floor is not feasible in rear. Target demographic is
empty nesters. (CB) concerned about price point - there are many larger, new homes being constructed for same
price point.
Diamond asked Board to give feedback as to how they feel about what they have heard tonight — Board not
comfortable saying anything one way or the other at this point.
7:50 P.M. SSG(SELF STORGE FACILITY) COVENANT DISCUSSION
In attendance to represent agenda item: Attorney Richard Henderson
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
• Draft Agreement, date stamped: 01/25/16
Town Counsel: draft does not comply with 81U — not a tripartide agreement but it calls for providing the Town
with an assignment of funds. He would be Ok with a deposit of the funds — that would satisfy the statute as a
performance guarantee. Agreement needs to be tightened up to identify the improvements to be made.
Modzelewski: the estimate is usually done by him, not the contractor. Should carefully itemize the scope of work
to be completed including top course, defining scope of work and connections for medical office and Brass Kettle
building. He will do an estimate for the Planning Board.
Henderson to provide Town Counsel with a new draft.
8:00 P.M. 8 JAMES LANE—INFORMAL DISCUSSION RE: ADD I CAR GARAGE
hi attendance to represent agenda item: Paul Sullivan
• 02/02/16 email from Paul Sullivan re: attached single car garage request
• Proposed Garage Sketch,prepared by Robert E. Hannigan Associates, dated: 02/03/16
Prospective buyer would like a one car garage added to end unit—no living space above. (CB): changes view of the
structure—kind of hokey to add 1 random garage. (MD): whole new structure—has to be a major change. (DD):
would be helpful to see what it looks like—screening might help.
Town Counsel: In his opinion, the standard is low — anything beyond a grammatical change is major. In his
opinion,this would be a major modification.
Sullivan should file an application to modify the special permit. Board will then decide if it is major or minor
change. If major, public hearing will have to be reopened.
8:15 P.M. 650, 658 CJC HWY. FORM A APPLICATION.
In attendance to represent agenda item: Attorney Richard Henderson
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Form A Application and Signed Statement of Litigation Policy, date stamped: 02/01/16
• Plan of Land, repaired by Cavanaro Consulting, dated: 01/21/16
• Affadavit signed by William Sestito,dated: 02/02/16
• Copy of General Laws, Chapter 41, Section 1L
Two residences on one lot — existed prior to zoning. Proposal is to divide the lot into two lots so each lot has 1
residence on it.
MOTION: By Member Drinan to endorse the Form A as presented
SECOND: Member Dickey
VOTE: 3—0 MOTION CARRIES
Planning Board Meeting APPROVED MINUTES 3 of 4
February 3,2016
8:20 P.M. ZBA RECOMMENDATION
• 81 ELM ST. - SPECIAL PERMIT APPLICATION
In attendance to represent agenda item: Can Tiryaki, Tiryaki Architectural Design
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• ZBA Special Permit Application
• Architectural Plans AE1.0,AE1.1, A1.0, A1.1 prepared by Tiryaki Architectural Design,dated 01/05/16
• Site Plan ZBA, prepared by Cavanaro Consulting, dated: 01/06/16
Special Permit application to build in and slightly change grade in the flood plain. Proposed addition is
dimensionally compliant. Flood Plain non-conformity is being extended. No other relief is required.
MOTION: By Member Drinan to recommend the ZBA approve this special permit
SECOND: Member Dickey
VOTE: 3-0 MOTION CARRIES
8:25 P.M. 808 JERUSALEM RD. SITE PLAN REVIEW CONTINUED PUBLIC HEARING
In attendance to represent agenda item: Greg Tansey,Patriot Permitting; Applicant: Chris McKenna
Materials and documents submitted utilized at this meetin On file in Planning Board Office).
PLAN DATE SCALE REVISION DATE
Site Plan 12/31/14 1" = 10' 07/02/15,08/11/15, 08/18/15,09/01/15, 09/18/15,
11/21/15,01/03/16, 01/21/16,02/02/16
• 01/25/16 Patriot Permitting Transmittal letter with new submissions and explanation of revisions,
date stamped: 01/27/16:
o Copy of 521 CMR 24.00 definition of ramp, date stamped: 01/28/16
o Copy of 521 CMR 5.00 definition of entrance, date stamped: 01/28/16
o Copy of 521 CMR 23.00 schedule of parking requirements, date stamped: 01/28/16
o Thomas Hopkins (ABA Director) 01/26/16 email, date stamped: 01/28/16 with case law
attachments
• Civil Designs 02/02/16 review and comment letter
• Architecturals A.1 - A.6 Design 15, Prepared by 209 Design, revision date: 02/02/16
Utilized Site Plan dated 028/02/16.
Tansey reviewed: steps are 12" tread with 8" riser. (CB) noted that the requirement for commercial riser is no
more than 7" riser—may have to add one more tread. Stair is 3.7' off property line. Landscaped steps are almost
up to property line. Modzelewski and Brewer noted that those measurements do not meet the permitted
projections setbacks so applicant is creating something that does not conform with zoning. Modzelewski advised
that during deliberation,Board has to question if they are forced to do this or is there another way? McKenna noted
that this is all driven by handicapped access. Also added roof over steps and lift—but no enclosure.
Modzelewski: (continuing his review of his 01/17/16 review memo from last meeting)L.
• Building Inspector said he was comfortable with the decks. Balconies have to rely on Section 8.9.
• No landscape plan has been submitted
• No fire flow data as requested by CFD—Applicant will do after
• approval is granted—could be conditioned.
• Plans he reviewed do not meet permitted projections requirements — does not think symmetric entrance which
creates zoning violation is a logical argument.
• Does not think 10'vs 12'drive entrance makes a difference
• Architecturals do not reflect what engineer is showing.
Abutter Matthew Montefusco, 237 Hull St.: asked if there were stairs to back door on rear of building—any stairs
going into building fall under the Disability Act. Tansey—this is door to trash area with one step. (CB) noted if
they are part of means of egress,must be flat —this may be something else that is not part of egress.
McKenna: Because they have to install a lift rather than a ramp,they have to go before AAB for a variance but that
still does not give them the zoning relief they need so they may have to go before ZBA.
Town Counsel: in Site Plan Review process, Board does not have the ability to grant exceptions —Board can deny
an application that has zoning violations.
MOTION: By Member Drinan to close the public hearing.
Planning Board Meeting APPROVED MINUTES 4 of 4
February 3,2016
SECOND: Member Dickey
VOTE: 3 -0 MOTION CARRIES
(CB) : his calcs show 15 treads —architecturals don't show that— 15 treads puts stairs further out. Better building
design than first submitted but lack of details leaves him with a lack of confidence. Overall, not thought through
well enough. Ingress/egress seems reasonably safe, but underground parking does not add up. Have been talking
about the same issues for the past 6 or so hearings.
(EP): Improved since first submittal and could be beneficial to the area, but a lot of questions and concerns were
not addressed. Impact on community is important consideration particularly since it is such a small lot.
(DD): problematic site that is grandfathered. Inherent site difficulties that would exist for any plans on this site.
He would be in favor of endorsing, conditioned upon applicant obtaining AAB and ZBA variances and with
submission of accurate architecturals to Building Inspector and ZBA so they can accurately judge setbacks. Passes
muster on a basic level.
(MD): not much you can do with such a terrible site. Deciding that vehicular and pedestrian traffic within the site
is safe and convenient is almost impossible for this site - design is about as safe and convenient as this site can be
made given physical limitations or defects to site itself. Still questions where business customers will park—will
customers have to cross street to get to site?Does not seem realistic that there would be no commercial parking.
Town Counsel: Regarding vote — an approval requires majority of full Board - with 3 members of a 5 member
Board present, a 3—0 vote is needed to approve.
MOTION: By Member Drinan to approve the Site Plan for 808 Jerusalem Rd. with the stipulation that
the Handicapped Review Board and ZBA judge on the zoning violations with accurate architectural
renderings in order to make that decision and,subject to the Planning Board usual conditions.
SECOND: Member Dickey
VOTE: 2- 1 MOTION DOES NOT CARRY—SITE PLAN IS NOT APPROVED
9:15 P.M. ADMINISTRATION
- VOTE TO APPROVE JANUARY 20 , 2016 MEETING MINUTES
MOTION: By Member Drinan to approve January 20,2016 meeting minutes
SECOND: Member Dickey
VOTE: 3-0 MOTION CARRIES
- VOTE TO APPROVE PAYROLL FOR PERIOD ENDING JANUARY 24,2016
MOTION: By Member Drinan to approve the payroll for the period ending January 24,2016
SECOND: Member Dickey
VOTE: 3—0 MOTION CARRIES
- VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES:
• CDI INV. #401 807 CJC HWY. $1,280.00
• CDI INV. #406 SCITUATE HILL SUBDIVISION $ 640.00
• CDI INV. #407 808 JERUSALEM RD. $1,360.00
• CDI INV. #408 SELF STORAGE FACILITY SPR $ 160.00
• CDI INV.#409 807 CJC HWY. $ 480.00
• D/W INV. #3 KING ST./SCITUATE HILL SELF STORAGE $3,370.50
MOTION: By Member Drinan to ratify Brewer's signature on above cited invoices.
SECOND: Member Dickey
VOTE: 3-0 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 9:15 P.M.
SECOND: Member Dickey
VOTE: 3 -0 MOTION CARRIES
NEXT MEETING: WEDNESDAY, FEBRUARY 24, 2016 AT 7:00 P.M.
MINUTES APPROVED: CLARK H.BREWER, CHAIRMAN
DATE: FEBRUARY 24,2015