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HomeMy WebLinkAboutMinutes - PB - 05/10/2017 Planning Board Meeting APPROVED MINUTES 1 of 4 May 10,2017 COHASSET PLANNING BOARD MINUTES DATE: MAY 10, 2017 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) Brian Frazier, Clerk (BF) Michael Dickey,Liaison to CPC (MD) Board Members Absent: Charles A. Samuelson(CS) Erik Potter,Associate Member(EP) Recording Secretary Present: Jo-Ann M.Pilczak CALLED TO ORDER AT: 7:08 P.M. 7:08 P.M. PLANNING BOARD MEMBER UPDATES—no updates given 7:08 P.M. ANDREW GELSON & AMY GLASMEIER— MEET & GREET FOR ASSOCIATE PLANNING BOARD MEMBER POSITION Board met Mr. Gelson and Ms. Glasmeier—both of whom expressed interest in Associate Planning Board member position. Ms. Glasmeier: Regional Planner; teaches at MIT; economic development Planner; Masters & PhD. in planning; community planning—helps communities get what they want. 8 yr. resident of Cohasset. Mr. Gelson: Attorney for Rockland Trust Company; former 6 yr. member of Sandwich ZBA — chair for 2 yrs; saw issues similar to Cohasset's regarding Master Plan and character of Town; Real Estate attorney and permitting projects in Upper Cape when he resided on the Cape. 7:25 P.M. BRIEF DISCUSSION RE: TOPICS RAISED BY SUSAN SARDINA VIA MIKE DICKEY When a garage is converted to a different use such as a guest house or play room, current setbacks do not seem correct for the new use and, there is no way to monitor how it is being used—it could actually be lived in(and, she does not think neighbors should be policing it —creates bad relations between neighbors). This creates a different type of residential community and should be looked at—she questions if this is the direction the Town wants to go. She suggests that the subtle nuances of size and setbacks should be looked at. (CB) asked her to consider attending upcoming ZAC meetings to discuss with this issue with the ZAC. 7:35 P.M. 96 HOWARD GLEASON FORM A-ANR APPLICATION—ATT. JEFFREY DeLISI In attendance to represent agenda item: John Cavanaro, Cavanaro Consulting. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): • Form A—ANR Application&Planning Board Statement of Litigation Policy,date stamped: 05/03/17 • POL—Plan of Land, prepared by Cavanaro Consulting, dated: 05/03/17 Creating parcel to be combined with another lot. No new building lots. Everything is conforming. MOTION: by Member Frazier to endorse the Form A—ANR as presented. SECOND: Member Drinan VOTE: 4-0 MOTION CARRIES 7:40 P.M. 54 RUST WAY LARGE HOME REVIEW PUBLIC HEARING In attendance to represent agenda item: Can Tiryaki,Tiryaki Architectural Design; Owner Jeffrey Hartwell. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office Planning Board Meeting APPROVED MINUTES 2 of 4 May 10,2017 • Form 11 — Application for Large Home Review & Planning Board Statement of Litigation Policy, date stamped: 04/13/17 • LHR Site Plan,prepared by Cavanaro Consulting, dated: 04/13/17 • Revised LHR Site Plan, prepared by Cavanaro Consulting, dated: 05/10/17 and date stamped 05/10/17 submitted at meeting. • Architectural Plans A0.0, A1.0, ALL, A1.2, A2.1, A2.2 prepared by Tiryaki Architectural Design, dated 04/11/17 and date stamped: 04/13/17. • Revised Architectural Plans ALL, A1.2, A2.1, A2.2 prepared by Tiryaki Architectural Design, dated 05/10/17 and date stamped: 05/10/17 submitted at meeting • Comments from Fire Dept.,Board of Health, Sewer Commission,ZBA and Conservation Commission. (BF) read notice of public hearing. Revised set of plans was submitted at the meeting —plans had to be modified slightly because of the large ledge outcropping on site—this increased the proposed square footage by an additional 200 sq.ft. Proposal is to construct a new 3,982 sq.ft, two-story home to replace the original structure which was destroyed by fire. Proposed structure is approximately 500 sq.ft. larger than the previous structure. Footprint is in almost the same location as the footprint of the destroyed home and will be served by the existing driveway. Floor plan is typical floor plan with: kitchen, dining room, den, family room and two car garage on first floor; three bedrooms and a master suite on the second floor; and, playroom above the garage. While the lot is a pre- existing, non-conforming, the proposed structure fully complies with zoning. The house is hidden from the road because of the topography of the lot. Proposed structure is not very close to abutting residences. Gambrel roof line is divided into smaller gambrel dormers keeping everything low scale to be harmonious with the overall mass. MOTION: Member Frazier to recommend Building Inspector Egan issue building permits for the proposed project. SECOND: Member Drinan VOTE: 4-0 MOTION CARRIES 7:50 P.M. KEVIN LaMACCHIA—INFORMAL DISCUSSION— 15 BROOK ST. Has P&S on 15 Brook St. Plans to demo and replace with a 3-story mixed use building of 2200-2300 sq.ft. per floor or, 6600 sq.ft. total. Second and third floors will have two residential units each. Not seeking any special permits or variances from the ZBA — will only be filing for a VBD Special Permit and Site Plan Review. Mr. LaMacchia asked Board how they felt about him splitting the first floor into one residential unit and one office unit. Board prefers to see all retail/business on first floor with residential above and, pointed out VBD bylaw to him. 8:00 P.M. SCITUATE HILL SUBDIVISION UPDATE In attendance to represent agenda item: Attorney Richard Henderson. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): • Bond Estimate Rev. 5, date stamped: 05/08/17 Rob Schwandt could not attend tonight's meeting. Attorney Henderson spoke with Dave Fulton of SSG and Fulton is fine with extending the deadline to May 31, 2017. Henderson wanted to clarify that the Board is extending the date within which SSG can take over responsibility for completing the site work. MOTION: by Member Frazier to extend the deadline for completion to May 31,2017. SECOND: Member Drinan VOTE: 4-0 MOTION CARRIES 8:01 P.M. 74 BEACH ST. - FORM A-ANR APPLICATION—ATTORNEY RICHARD HENDERSON 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—ANR Application&Planning Board Statement of Litigation Policy, date stamped: 05/08/17 • ANR—Plan of Land, prepared by Cavanaro Consulting, dated: 05/03/17, date stamped: 05/08/17 Dividing existing lot into 3 lots—all are in common ownership. Complies with all statutes. All lots have minimum required frontage and lot size. One proposed lot line runs through the existing house. Henderson explained that future owner will either demo the existing house and rebuild on a lot or, move the lot line that runs through the house. (CB)uncomfortable with lot line going through existing structure. Town Counsel opined that the review of Planning Board Meeting APPROVED MINUTES 3 of 4 May 10,2017 an ANR plan has limited standards — do all lots have the required frontage - a lot line through an existing structure,while unusual, does not prohibit endorsement of the ANR MOTION: by Member Drinan to endorse the Form A-ANR as presented. SECOND: Member Frazier VOTE: 3- 1 MOTION CARRIES(CB opposed) 8:15 P.M. COOK ESTATE - SURETY&LOT RELEASE DISCUSSION In attendance to represent agenda item: Attorney Richard Henderson Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): • CDI memo re: Cook Estate 05/08/17 site visit and estimate to cover cost of remaining. Date stamped: 05/08/17 • CDI 05/10/17 memo re: Site visit punch list items,itemized costs. Date stamped: 05/10/17 Modzelewski estimated $9,000 will cover the cost of the remaining work to be completed. Shephard Construction felt $3,500 would cover the remaining work to be completed. Modzelewski replied that he had indicated to Shephard the he would accept the Shephard estimate if Shephard supplied a certification on letterhead — the letter submitted by Shephard did not have the requested certification. Henderson asked if the Board will release the lot if he produces a check but without the certification — but would have Shephard certify their letter and submit. Town Counsel advised that this is stretching the limits — advises the Board that they might want a check deposited and cleared before releasing a lot. Board agreed that the efficient thing to do is, in the absence of the certification, just present a bank check for$9,000. Modzelewski wants a certification to include everything on his checklist. Once check and certification are received, Lot 27 signed release will be released; once certification is received and approved by Modzelewski, Town will return the funds within 14 days; if Board does not get the certification within 60 days, the money stays in the Town coffers. MOTION: by Member Frazier that a $9,000 bank/certified check will allow release of lot#27 release. SECOND: Member Drinan VOTE: 4-0 MOTION CARRIES 8:29 P.M. TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR 48 HOURS IN ADVANCE OF THE MEETING - None 8:29 PUBLIC COMMENT (5 MINUTES MAXIMUM) -none 8:30 P.M. ADMINISTRATION - ADMINSTRATIVE DISCUSSION—HIGHLAND ESTATES/HERITAGE LANE • John Modzelewski transcript of voicemail left by Mr.Nader on 05/04/17 Mr.Nader is before Conservation and the Board of Health for two of the five remaining lots. Now that activity has restarted, the Board wants a 2017 update on the subdivision approval conditions of approval which were last updated in 2011. Mr. Nader did submit a check to the Planning Board, so his engineering fee account is up-to- date. Mr. Nader left John Modzelewski a voicemail — Board did not like the tone/intent of the voicemail but thought that the Board's strength is in relying on the facts that exist and in requiring compliance with the Highland Estates/Heritage Lane Subdivision approval. All agreed that the Planning Board owes compliance to the Town and the residents of the subdivision. Board expressed sincere desire for mutual cooperation towards the completion of the subdivision but, in the event that mutual cooperation is not the case, discussed leverage they have to insure the subdivision is completed as approved. Town Counsel noted that once a lot is released from the Covenant(13 of the 14 have been released), that allows the lot to be conveyed and built upon. However, Town Counsel also added that there was a time limit on the subdivision which has ended—Board could have a public hearing for recission of the approval which would effect the lots not conveyed or mortgaged. Modzelewski concerned about being in a position where he has to rely on someone saying he agreed to things in conversations. Board wants Mr. Nader to have his professional engineer inspect the subdivision and respond to John Modzelewski's 2011 punch list of items still needing to be completed. - VOTE TO APPROVE APRIL 26,2017 MEETING MINUTES MOTION: By Member Drinan to approve the April 26, 2017 meeting minutes SECOND: Member Frazier VOTE: 4-0 MOTION CARRIES - VOTE TO APPROVE PAYROLL FOR PERIOD ENDING APRIL 30, 2017 Planning Board Meeting APPROVED MINUTES 4 of 4 May 10,2017 MOTION: By Member Frazier to approve payroll for period ending April 30,2017 SECOND: Member Drinan VOTE: 4-0 MOTION CARRIES - VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES: • CDI INV#463 HIGHLAND ESTATES $ 400.00 • CDI INV#464 CEDAR ST.LANDFILL SOLAR ARRAY $ 160.00 • CDI INV#465 ESTATES AT COHASSET $ 720.00 • CDI INV#466 SCITUATE HILL SUBDIVISION $ 1320.00 • CDI INV#467 SSG STORAGE FACILITY SPR $ 1000.00 • CDI INV#468 COOK ESTATE $2240.00 MOTION: By Member Drinan to ratify C.Brewer signature on above cited invoices SECOND: Member Frazier VOTE: 4-0 MOTION CARRIES - SET JULY,AUGUST, SEPTEMBER MEETING DATES - July 5, 19; August 16, 30; September 6, 20 MOTION: By Member Drinan to adjourn at 9:10 P.M. SECOND: Member Frazier VOTE: 4-0 MOTION CARRIES NEXT MEETINGS: WEDNESDAY, MAY 31, 2017 AT 7:00 P.M. MINUTES APPROVED: BRIAN FRAZIER,CLERK DATE: MAY 31, 2017